Page:United States Statutes at Large Volume 93.djvu/646

 93 STAT. 614

42 USC 300n-l.

PUBLIC LAW 96-79—OCT. 4, 1979 the recommendations from health systems agencies, State Agencies, and Statewide Health Coordinating Councils.". (i)(l) Section 1532(b)(3) is amended by adding at the end the following: "Each health systems agency, State Agency, and Statewide Health Coordinating Council shall develop procedures to assure that requests for information in connection with a review under this title are limited to only that information which is necessary for the agency. State Agency, or Statewide Health Coordinating Council to perform the review.". (2) Section 1532(b)(10) is amended by striking out "pertinent" and inserting in lieu thereof "essential". CERTIFICATE OF NEED PROGRAMS

SEC. 117. (a) Part C of title XV is amended by adding at the end the following: "CERTIFICATE OF NEED PROGRAM 42 USC 300m-6. 42 USC 300m-2.

42 USC 300n-i.

"SEC. 1527. (a) The certificate of need program required by section 1523(a)(4)(B) shall, in accordance with this section, provide for the following: "(1) Review and determination of need under such program for— "(A) major medical equipment and institutional health services, and "(B) capital expenditures, shall be made before the time such equipment is acquired, such services are offered, substantial expenditures are undertaken in preparation for such offering, or capital expenditures are obligated. "(2) The acquisition and offering of only such equipment and services as may be found by the State Agency to be needed; and the obligation of only those capital expenditures found to be needed by the State Agency. Except as otherwise authorized by this section, review under the program of an application for a certificate of need may not be made subject to any criterion and the issuance of a certificate of need may not be made subject to any condition unless the criterion or condition directly relates to— "(A) Criteria prescribed by section 1532(c), "(B) criteria prescribed by regulations of the Secretary promulgated under section 1532(a) before the date of the enactment of the Health Planning and Resources Development Amendments of 1979, or "(C) criteria prescribed by regulation by the State Agency in accordance with an authorization prescribed by State law. The Secretary may not require a State to include in its program any criterion in addition to criteria described in subparagraphs (A) and (B). "(3) An application for a certificate of need for an institutional health service, medical equipment, or a capital expenditure shall specify the time the applicant will require to make such service or equipment available or to obligate such expenditure and a timetable for making such service or equipment available or obligating such expenditure. After the issuance of a certificate of need, the State Agency shall periodically review the progress of the holder of the certificate in meeting the timetable specified in the approved application for the certificate. If on the basis of

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