Legislature(2003 - 2004)

2004-04-23 House Journal

Full Journal pdf

2004-04-23                     House Journal                      Page 3488
HB 511                                                                                            
The following was read the second time:                                                             
                                                                                                    
     HOUSE BILL NO. 511                                                                             
     "An Act relating to the certificate of need program for health care                            
     facilities; and providing for an effective date."                                              
                                                                                                    

2004-04-23                     House Journal                      Page 3489
with the:                                                     Journal Page                          
                                                                                                    
 HES RPT CS(HES) 3DP 1DNP 2NR                                         3051                          
 FN1: ZERO(HSS)                                                       3052                          
 FN2: ZERO(HSS)                                                       3052                          
 FIN RPT CS(HES) 4DP 2NR 2AM                                          3164                          
 FN1: ZERO(HSS)                                                       3164                          
 FN2: ZERO(HSS)                                                       3164                          
                                                                                                    
Representative Coghill moved and asked unanimous consent that the                                   
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
     CS FOR HOUSE BILL NO. 511(HES)                                                                 
     (same title)                                                                                   
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
                                                                                                    
Representative McGuire moved and asked unanimous consent that she                                   
be allowed to abstain from voting because of a conflict of interest.                                
Objection was heard, and Representative McGuire was required to                                     
vote.                                                                                               
                                                                                                    
Amendment No. 1 was offered  by Representatives McGuire and                                          
Samuels:                                                                                            
                                                                                                    
Page 2, following line 5:                                                                           
 Insert a new bill section to read:                                                                 
   "* Sec. 3.  AS 18.07.035 is amended by adding new subsections to                               
read:                                                                                               
         (b) The department may require a person who intends to                                     
     submit an application under (a) of this section to submit a letter of                          
     intent to the department, except in the case of an application for an                          
     emergency or temporary certificate of need authorized under                                    
     AS 18.07.071.                                                                                  
         (c)  The department shall notify the applicant in writing when                             
     the application is complete under this chapter."                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    

2004-04-23                     House Journal                      Page 3490
Page 3, following line 18:                                                                          
     Insert a new bill section to read:                                                             
   "* Sec. 5.  AS 18.07 is amended by adding a new section to read:                               
         Sec.  18.07.045.  Time standards for review of applications                              
     for certificates of need.  (a)  The following time standards apply                           
     for a review by the department of an application for a certificate of                          
     need under this chapter:                                                                       
              (1)  the department may defer commencement of the                                     
     review process under this chapter for an application for a period                              
     not to exceed 60 days after the determination that the application                             
     is complete in order to allow the department to receive and                                    
     consider concurrent applications from each person who has                                      
     submitted a letter of intent to submit an application proposing an                             
     activity that is similar to the activity proposed by the application                           
     in the geographic area;                                                                        
              (2)  the department shall review the application made                                 
     under this chapter and submit an analysis and recommendation to                                
     the commissioner within 60 days after the date that notification                               
     under AS 18.07.035(c) is sent to the applicant stating that the                                
     application is complete.                                                                       
         (b)  The commissioner may extend the time periods set out in                               
     (a) of this section for not more than 30 days for any of the                                   
     following reasons:                                                                             
              (1) the applicant amends the application under this                                   
     chapter;                                                                                       
              (2)  the department requests an extension of time within                              
     which to prepare its findings and recommendations on the                                       
     application; the commissioner may grant only one extension under                               
     this paragraph."                                                                               
                                                                                                    
Renumber the following bill sections accordingly.                                                   
                                                                                                    
Page 4, line 14, following "APPLICABILITY.":                                                        
 Insert "(a)"                                                                                       
                                                                                                    
Page 4, following line 16:                                                                          
     Insert a new subsection to read:                                                               
         "(b)  AS 18.07.035(b) and (c) and 18.07.045, enacted by secs.                              
     3 and 5 of this Act, respectively, apply to a certificate of need                              
     application filed with the Department of Health and Social                                     
     Services after the effective date of this Act."                                                
                                                                                                    

2004-04-23                     House Journal                      Page 3491
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Representative Berkowitz objected and withdrew the objection.  There                                
being no further objection, Amendment No. 1 was adopted.                                            
                                                                                                    
Representative Coghill moved and asked unanimous consent that                                       
CSHB 511(HES) am be considered engrossed, advanced to third                                         
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
CSHB 511(HES) am will advance to third reading on the April 26,                                     
2004, calendar.