Sec. 14. (a) The commissioner or the commissioner’s designee shall perform a comparative review on a certificate of need application if:

(1) at least two (2) applications are submitted during the same review period;

(2) the applications propose to transfer comprehensive care beds into the same county; and

(3) the number of comprehensive care beds for which a certificate of need is requested totals more than the county comprehensive care bed need in the county where the comprehensive care beds are to be transferred.

     (b) In determining which applicant will receive preference in the comparative review process, the commissioner or the commissioner’s designee shall:

(1) review the applications to ensure compliance with section 12(c) of this chapter; and

(2) give weighted priority to the criteria set forth in section 12(d) of this chapter.

The commissioner or the commissioner’s designee shall give preference in approving the application to a certificate of need application that complies with section 12 of this chapter and receives the most points under the point system established under subsection (d). If at least two (2) certificate of need applications requesting the same activity comply with section 12 of this chapter and are awarded the same number of points under subsection (d), the commissioner or the commissioner’s designee shall give preference to the application that demonstrates the greatest need for the activity being requested.

     (c) The commissioner or the commissioner’s designee shall approve a certificate of need application requesting the:

(1) transfer of comprehensive care beds; or

(2) construction of a comprehensive care health facility consisting of transferred beds;

subject to comparative review under this section only after finding that the request in the application is necessary as set forth in this chapter.

     (d) The state department shall adopt emergency rules under IC 4-22-2-37.1 to establish and implement a certificate of need application point system in accordance with this section.

As added by P.L.202-2018, SEC.8.