Page:United States Statutes at Large Volume 93.djvu/643

 PUBLIC LAW 96-79—OCT. 4, 1979

93 STAT. 611

inserting in lieu thereof "agency, State Agency, and Statewide Health Coordinating Council", and (B) by striking out "agency or State Agency" each place it occurs and inserting in lieu thereof "agency. State Agency, or Statewide Health Coordinating Council". (2) Subsection (b)(4) of such section is amended by striking out "agency or a State Agency" and inserting in lieu thereof "agency, State Agency, or Statewide Health Coordinating Council". (3) Section 1532(c)(1) is amended by striking out "HSP and AIP" 42 USC 300n-i. and inserting in lieu thereof "HSP, AIP, and State health plan". (c) Section 1532(a) is amended by adding at the end the following: "Health systems agencies, the State Agency, and, if appropriate, the Statewide Health Coordinating Council within each State shall cooperate in the development of procedures and criteria under this subsection to the extent appropriate to the achievement of efficiency in their reviews and consistency in criteria for such reviews.'. (d)(1)(A) Section 1532(b)(1) is amended (i) by striking out "Written" and inserting in lieu thereof "Timely written", and (ii) by inserting before the period "and, if a person has asked the entity conducting the review to place the person's name on a mailing list maintained by the entity, such notification shall be sent to such person". (B) Section 1532(b)(7) is amended by striking out "Notification" and inserting in lieu thereof "Timely notification'. (2) Section 1532(b)(2) is amended by adding at the end the following: "If, after a review has begun, a State Agency, health systems agency, or Statewide Health Coordinating Council requires, in accordance with paragraph (3), the person subject to the review to submit information respecting the subject of the review, such person shall be provided at least fifteen days to submit the information.". (3) Section 1532(b) is amended by adding after paragraph (11) the following new paragraph: "(12) The following procedural requirements with respect to proceedings under a certificate of need program: "(A) Hearings under a certificate of need program shall be held before a State Agency or a health systems agency to which the State Agency has delegated the authority to hold such a hearing. In a hearing under the program, any person shall have the right to be represented by counsel and to present oral or written arguments and evidence relevant to the matter which is the subject of the hearing, any person directly affected by the matter which is the subject of the hearing may conduct reasonable questioning of persons who make factual allegations relevant to such matter, and a record of the hearing shall be maintained. The requirements of this subparagraph do not apply to hearings held by a health systems agency in the performance of a review under section 1513(f). 42 USC 300/-2. "(B) Any decision of a State Agency to issue or to not issue a certificate of need or to withdraw a certificate of need shall be based solely (i) on the review of the State Agency conducted in accordance with procedures and criteria it has adopted in accordance with this section and regulations promulgated under this section, and (ii) on the record established in administrative proceedings held with respect to the application for such certificate or the Agency's proposal to withdraw the certificate, as the case may be. Any decision of a State Agency to approve or disapprove an application for an exemption under section 1527(b) shall be based solely on Post, p. 614.

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