Pennsylvania Statutes Title 35 P.S. Health and Safety § 448.201. Powers and duties of the department

The Department of Health shall have the power and its duties shall be:

(1) To exercise exclusive jurisdiction over health care providers in accordance with the provisions of this act.

(2) To issue determinations of reviewability or nonreviewability of certificate of need proposals.   1

(3) To issue certificates of need and amended certificates of need in accordance with the provisions of this act.

(4) To withdraw expired certificates of need.

(5) To require, pursuant to regulation, submission of periodic reports by providers of health services and other persons subject to review respecting the development of proposals subject to review.

(6) Upon consultation with the policy board, to research, prepare and, after approval by the Governor, publish, no later than 18 months after the effective date of this act and annually thereafter, a revised State health services plan for the Commonwealth as defined under this act.  Until the State health services plan as defined in section 401.3   2 is adopted, the department shall apply the State health plan in existence on the effective date of this act, along with any subsequent updates to that plan.

(7) To collect and disseminate such other information as may be appropriate to determine the appropriate level of facilities and services for the effective implementation of certification of need under this act.  Where such information is collected by any other agency of State government, duplication shall be avoided by coordination of data collection activities.

(8) To furnish such staff support and expertise to the policy board as may be needed to perform its responsibilities.

(9) To receive, log and review all applications for certificates of need or amendments thereof and approve or disapprove the same.

(10) To minimize the administrative burden on health care providers by eliminating unnecessary duplication of financial and operational reports and to the extent possible coordinating reviews and inspections performed by Federal, State, local and private agencies.

(11) To adopt and promulgate regulations necessary to carry out the purposes and provisions of this act relating to certificate of need.

(12) To enforce the rules and regulations promulgated by the department as provided in this act.

(13) To provide technical assistance to individuals and public and private entities in filling out the necessary forms for the development of projects and programs.

(14) To establish and publish in the Pennsylvania Bulletin a fee schedule for certificate of need applications and letters of intent in accordance with section 902.1.  3

(15) To coordinate any data collection activities necessary for administration of this act so as not to duplicate unnecessarily the data collection activities of other Federal and State agencies.

(16) To modify the list of reviewable clinically related health services established under section 701.  4

1 35 P.S. §§ 448.701 to 448.712, and all other provisions of the Health Care Facilities Act pertaining to certificates of need, sunset on December 18, 1996, pursuant to 35 P.S. § 448.904a.
2 35 P.S. § 448.401c.
3 35 P.S. § 448.902a.
4 35 P.S. § 448.701 (expired).

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