§ 9437. Criteria

A certificate of need shall be granted if the applicant demonstrates that the project serves the public good and the Board finds:

(1) The proposed project aligns with statewide health care reform goals and principles because the project:

(A) takes into consideration health care payment and delivery system reform initiatives;

(B) addresses current and future community needs in a manner that balances statewide needs, if applicable; and

(C) is consistent with appropriate allocation of health care resources, including appropriate utilization of services, as identified in the Health Resource Allocation Plan developed pursuant to section 9405 of this title.

(2) The cost of the project is reasonable, because each of the following conditions is met:

(A) The applicant's financial condition will sustain any financial burden likely to result from completion of the project.

(B) The project will not result in an undue increase in the costs of medical care or an undue impact on the affordability of medical care for consumers. In making a finding under this subdivision, the Board shall consider and weigh relevant factors, including:

(i) the financial implications of the project on hospitals and other clinical settings, including the impact on their services, expenditures, and charges; and

(ii) whether the impact on services, expenditures, and charges is outweighed by the benefit of the project to the public.

(C) Less expensive alternatives do not exist, would be unsatisfactory, or are not feasible or appropriate.

(D) If applicable, the applicant has incorporated appropriate energy efficiency measures.

(3) There is an identifiable, existing, or reasonably anticipated need for the proposed project that is appropriate for the applicant to provide.

(4) The project will improve the quality of health care in the State or provide greater access to health care for Vermont's residents, or both.

(5) The project will not have an undue adverse impact on any other existing services provided by the applicant.

(6) [Repealed.]

(7) The applicant has adequately considered the availability of affordable, accessible transportation services to the facility, if applicable.

(8) If the application is for the purchase or lease of new Health Care Information Technology, it conforms with the Health Information Technology Plan established under section 9351 of this title.

(9) The project will support equal access to appropriate mental health care that meets standards of quality, access, and affordability equivalent to other components of health care as part of an integrated, holistic system of care, as appropriate. (Added 1979, No. 65, § 1; amended 1985, No. 234 (Adj. Sess.), § 5; 1987, No. 96, § 12; 1991, No. 160 (Adj. Sess.), § 27, eff. May 11, 1992; 1993, No. 50, § 4; 1995, No. 180 (Adj. Sess.), §§ 27, 38(a); 1997, No. 159 (Adj. Sess.), § 10, eff. March 15, 1999; 2003, No. 53, § 13, eff. July 1, 2005; 2003, No. 53, § 26; 2005, No. 71, § 277a; 2007, No. 70, § 34; 2007, No. 139 (Adj. Sess.), § 8; 2009, No. 61, § 5; 2009, No. 83 (Adj. Sess.), § 3, eff. April 21, 2010; 2011, No. 171 (Adj. Sess.), § 17, eff. Jan. 1, 2013; 2017, No. 167 (Adj. Sess.), § 6; 2017, No. 200 (Adj. Sess.), § 18; 2019, No. 14, § 57, eff. April 30, 2019.)