The Certificate of Need Program of the Division of Healthcare Facilities Evaluation and Licensing of the Department of Health and Senior Services (Department) is proposing amendments to the Certificate of Need (CN) rules to clarify that air medical services are exempt from the CN process. The notice of proposal appears in the March 19, 2012 issue of the New Jersey Register.Pursuant to the decision in Virtua Health, Inc., v. Poonam Alaigh, MD, Commissioner, New Jersey Department of Health and Senior Services, No. A-2371-10T4 (App. Div. November 14, 2011), the Department has been directed, as a condition of the court's decision, to remove "emergency medical service helicopter[s]" from the list of services that are not exempt from the certificate of need process. The proposed removal of emergency medical service helicopters from the certificate of need process would be consistent with statewide Department policy and the statutory amendments set forth in the certificate of need enabling statute (Health Care Reform Act, P.L. 1992, c. 160), which exempted ambulance and invalid coach services from the certificate of need requirement (N.J.S.A. 26:2H-7a).
The public has until May 18, 2012, to comment on the proposal. Persons wishing to comment on the proposal must submit their comments in writing by regular mail to Devon L. Graf, Director, Office of Legal and Regulatory Compliance, Office of the Commissioner, NJ Department of Health and Senior Services, P O Box 360, Trenton, NJ 08625-0360. Written comments must be postmarked on or before May 18, 2012, which is the close of the 60-day public comment period. The Department will not accept telefacsimiles or electronic mail messages as official comments on the notice of proposal.
