Thanks to anonymous I went back and found the Statues, Rules and Rules Proposal, Health Facilities Evaluation and Licensing. I have extract portions and made comments in italics. It seems that the rules have been followed to date, but in my opinion has there a been tweaking of facts or procedures. That is open to questioning.
8:33-3.2 Termination/discontinuance of service or facility and/or reduction of licensed bed capacity
(b) Voluntary closure of a facility or discontinuance of all of its services does not require a certificate of need, except that the closure of a general hospital requires a certificate of need and shall follow the full review process. Applications for the closure of a general hospital shall be accepted on the first business day of any month. Where a certificate of need is not required pursuant to this section, written notification shall be filed with the Department's Certificate of Need and Acute Care Licensure Program, 30 days prior to the proposed closure of a facility or discontinuance of all of its services. Full compliance with all applicable Department requirements contained in this chapter and in service-specific chapters for closure/discontinuance shall be required.
(c) Discontinuance of a component service of a health care facility or satellite emergency department shall not require a certificate of need where the discontinuance will not result in problems of access to populations historically served and is not a service which is required to be a component of an inpatient health care facility. In these instances, the licensed entity shall notify the Department's Certificate of Need and Acute Care Licensure Program in writing 60 days prior to discontinuance of the service. Such notice shall include a rationale of why the licensed entity anticipates that discontinuance will not result in problems of access, including
access to women’s reproductive health services, where contextually applicable. The Department will notify the provider whether the proposed discontinuance requires a certificate of need. If a certificate of need is required, the certificate of need application shall follow the expedited review process set forth at N.J.A.C. 8:33-4.1(c). The provider shall not discontinue the service until the Department provides notice that no certificate of need is required or that a certificate of need is approved, as applicable
We should presume that Solaris followed the procedure in 8:33-3.2 (c), However it would be interesting to find out why the relocation of OB services to Trinity in Elizabeth would not result in problems of access especially if realistic travel times were used.8:33-3.4 Changes in licensed beds and/or services
(a) The following criteria apply to changes in licensed beds and /or services:
3. For services for which there is no specific licensed bed complement, relocation is not permitted, unless the service is otherwise exempt from the certificate of need requirement in accordance with those rules. For services for which there is a specific licensed bed complement, the relocation of a portion of a facility's licensed beds or the entire service from one licensed facility (sending facility) to another (receiving facility) located within the same planning region requires a certificate of need and shall follow the expedited review process, unless the beds or
service at issue are otherwise exempt from the certificate of need requirement in accordance with these rules. The application shall be considered pursuant to the following criteria:
i. The relocation shall take place within the same planning region where the
sending facility is located;
ii. The receiving facility shall already hold a license for the category of beds proposed for relocation. The Commissioner may, in the case of proposed bed relocations, waive this requirement when the receiving facility is the site of a general hospital proposed or approved
Types of Certificate of Need Applications
Unfortunately relocation of OB/GYN beds is exempt. Reference: EXHIBIT, 3Certificate of Need Review BED-RELATED HEALTH CARE FACILITY/SERVICES .A CON would not be required, but was procedure under8:33-3.2 followed?8:33-4.13 Role of the State Health Planning Board
(a) The State Health Planning Board shall review applications for certificates of need subject to full review and make recommendations to the Commissioner in accordance with all applicable health planning regulations.
(c) The State Health Planning Board shall furnish written decisions to the Commissioner which provide the explicit basis for any recommendations made by the Board on certificate of need applications. Such written decisions shall be forwarded to the Commissioner within 90 days after the application is deemed complete for processing unless the application has been deferred pursuant to N.J.A.C. 8:33-4.7 or because of the conduct of an administrative hearing regarding one of the batched applications. These written decisions may take the form of minutes of the State Health Planning Board.
Has the SHPB written decision been forwarded to the Commissioner? If so is it available for review by the public?
8:33-4.15 Procedures for Commissioner review
(d) After the commencement of a hearing pursuant to (c) above, and before a decision is made, there shall be no ex parte contacts between any person acting on behalf of the applicant or holder of a certificate of need, or any person opposed to the issuance of a certificate of need, and any person in the Department who exercises any responsibility for reviewing the application. Ex parte communication is defined as an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given. It shall not include
requests for status reports on any matter or proceeding. Any communications made after commencement of the fair hearing that are placed in the record of the proceedings are made available to all parties are not ex parte and are not prohibited.
Could Commissioner Howard's comments before the public hearings regarding how JFK would benefit by closing MRMC be in violation of 8:33-4.15? Although there is no specific information relating t o actual contact between the Commissioner’s office and Solaris there is implied evidence of discussion between the two. The timing of all would be critical.EXHIBIT 3
Certificate of Need Review
BED-RELATED HEALTH CARE FACILITY/SERVICES
RELOCATION OF LICENSED BEDS OR AN
ENTIRE SERVICE SUBJECT TO CN REVIEW
Within the same planning region in accordance with
N.J.A.C. 8:33-3.4(a)3……………………………. Expedited
RELOCATION OR REPLACEMENT OF AN
ENTIRE LICENSED BED RELATED FACILITY
SUBJECT TO CN REVIEW
General hospital/within or outside county............. Full
All other/within same planning region
in accordance with N.J.A.C. 8:33-3.5(a)4........... Expedited
All other/at the same site in accordance with
N.J.A.C. 8:33-3.5(a)2 ............................................ Exempt
TERMINATION/DISCONTINUANCE OF LICENSED BEDS, SERVICES OR FACILITIES
General hospital (all beds/services)……………... Full
General hospital (some beds/services)…………...
No access problems……………………………... Exempt
Access problems………………………………… Expedited
All other health care facilities…………………….. Exempt