Iowa Code 135.72 – Authority to adopt rules
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The department shall adopt, with approval of the council, such administrative rules as are necessary to enable it to implement this subchapter. These rules shall include:
1. Additional procedures and criteria for review of applications for certificates of need.
Terms Used In Iowa Code 135.72
- Council: means the state health facilities council established by this subchapter. See Iowa Code 135.61
- Department: means the Iowa department of public health. See Iowa Code 135.61
- Institutional health service: means any health service furnished in or through institutional health facilities or health maintenance organizations, including mobile health services. See Iowa Code 135.61
- Rule: includes "regulation". See Iowa Code 4.1
- Technologically innovative equipment: means equipment potentially useful for diagnostic or therapeutic purposes which introduces new technology in the diagnosis or treatment of disease, the usefulness of which is not well enough established to permit a specific plan of need to be developed for the state. See Iowa Code 135.61
2. Uniform procedures for variations in application of criteria specified by section 135.64 for use in formal review of applications for certificates of need, when such variations are appropriate to the purpose of a particular review or to the type of institutional health service proposed in the application being reviewed.
3. Uniform procedures for summary reviews conducted under section 135.67.
4. Criteria for determining when it is not feasible to complete formal review of an application for a certificate of need within the time limits specified in section 135.69. The rules adopted under this subsection shall include criteria for determining whether an application proposes introduction of technologically innovative equipment, and if so, procedures to be followed in reviewing the application. However, a rule adopted under this subsection shall not permit a deferral of more than sixty days beyond the time when a decision is required under section 135.69, unless both the applicant and the department agree to a longer deferment.