§ 23-01-37 — Survey program - Health care facilities construction or renovation projects - Innovation waivers - Continuing appropriation

Innovation waivers - Continuing appropriation.
1. The department of health and human services shall conduct a life safety survey
process for all health care facilities licensed by the department of health and human
services during and at the conclusion of a construction, renovation, or construction and
renovation project.
a. In conducting a survey under this section, if the department uses a third party to
review construction and renovation plans, the licensed provider shall negotiate
and approve the price of the review services, the department shall contract with
the third party, and the licensed provider shall pay the department for the review
services.
b. The department shall deposit in the department's operating account any
payments received from a licensed provider under subdivision a. There is
appropriated to the department on a continuing basis any funds deposited under
subdivision a for the purpose of paying a third-party reviewer.
2. The department of health and human services may charge a reasonable fee for the
review of plans for construction, renovation, or construction and renovation projects
performed under this section based on the size of the project. Revenues derived from
the fees collected under this subsection must be deposited in the department's
operating fund in the state treasury.
3. The department of health and human services shall make an initial determination on a
construction, renovation, or construction and renovation project of:
a. No more than one million dollars within twenty-eight days of receipt of a complete
application;
b. More than one million dollars but no more than four million dollars within forty-two
days of receipt of a complete application;
c. More than four million dollars, and less than fifteen million dollars, within fifty-six
days of receipt of a complete application; and
d. More than fifteen million dollars by notifying the applicant of the time the
department will require to complete the review, allowing the applicant to
determine whether to use a third-party reviewer.
4. Following an initial determination under subsection 3, the department of health and
human services shall make any followup determination on a construction, renovation,
or construction and renovation project within fourteen days of receipt of the licensed
provider's response to the initial determination.
5. The department of health and human services may approve a request for a waiver of a
state law or rule relating to an innovative construction, renovation, or construction and
renovation project if the lack of compliance does not adversely affect health or safety.
6. The department of health and human services shall design and operate the program in
a manner that will provide that the surveyor that performs a life safety survey under
this section does not violate the federal requirements associated with
Medicare-certified life safety surveys.