Iowa Code § 135.65
Procedure upon receipt of application — public notification
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2026
As of January 1, 2012
1. Before applying for a certificate of need, the sponsor of a proposed new institutional health service or changed institutional health service shall submit to the department a letter of intent to offer or develop a service requiring a certificate of need. The letter shall be submitted as soon as possible after initiation of the applicant’s planning process, and in any case not less than thirty days before applying for a certificate of need and before substantial expenditures to offer or develop the service are made. The letter shall include a brief description of the proposed new or changed service, its location, and its estimated cost.
2. Upon request of the sponsor of the proposed new or changed service, the department shall make a preliminary review of the letter for the purpose of informing the sponsor of the project of any factors which may appear likely to result in denial of a certificate of need, based on the criteria for evaluation of applications in section 135.64. A comment by the department under this section shall not constitute a final decision.
1. Within fifteen business days after receipt of an application for a certificate of need, the department shall examine the application for form and completeness and accept or reject it. An application shall be rejected only if it fails to provide all information required by the department pursuant to section 135.62, subsection 1. The department shall promptly return to the applicant any rejected application, with an explanation of the reasons for its rejection.
2. Upon acceptance of an application for a certificate of need, the department shall promptly undertake to notify all affected persons in writing that formal review of the application has been initiated. Notification to those affected persons who are consumers or third-party payers or other payers for health services may be provided by distribution of the pertinent information to the news media.
3. Each application accepted by the department shall be formally reviewed to enable the department to determine whether or not to grant the certificate of need. A formal review shall consist, at a minimum, of the following steps:
a. Evaluation of the application against the criteria specified in section 135.63.
b. A public hearing on the application, to be held prior to completion of the evaluation required by paragraph “a”.
4. When a hearing is to be held pursuant to subsection 3, paragraph “b”, the department shall give at least ten days’ notice of the time and place of the hearing. At the hearing, any affected person or that person’s designated representative shall have the opportunity to present testimony.
91 Acts, ch 225, §6; 97 Acts, ch 93, §9
91 Acts, ch 225, §7; 2023 Acts, ch 19, §1443
Referred to in
C2024, §10A.716
C2026, §135.65
Section transferred from §10A.716 in Code 2026 pursuant to directive in
Subsections 1 and 3 amended
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.