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Senator Peaden moved the following amendment:

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     Senate Amendment

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     Delete line(s) 119-123

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and insert:

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discharges. If, subsequent to issuance of a final order approving

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the certificate of need, the proposed location of the general

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hospital changes or the primary service area materially changes,

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the agency shall revoke the certificate of need. However, if the

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agency determines that such changes are deemed to enhance access

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to hospital services in the service district, the agency may

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permit such changes to occur. A party participating in the

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administrative hearing regarding the issuance of the certificate

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of need for a general hospital has standing to participate in any

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subsequent proceeding regarding the revocation of the certificate

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of need for a hospital for which the location has changed or for

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which the primary service area has materially changed. In

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addition, the application for the certificate of need for a

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general hospital must include a statement of intent that, if

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approved by final order of the agency, the applicant shall within

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120 days after issuance of the final order or, if there is an

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appeal of the final order, within 120 days after the issuance of

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the court's mandate on appeal, furnish satisfactory proof of the

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applicant's financial ability to operate. The agency shall

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establish documentation requirements, to be completed by each

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applicant, which show anticipated provider revenues and

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expenditures, the basis for financing the anticipated cash-flow

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requirements of the provider, and an applicant's access to

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contingency financing. A party participating in the

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administrative hearing regarding the issuance of the certificate

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of need for a general hospital may provide written comments

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concerning the adequacy of the financial information provided,

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but such party does not have standing to participate in an

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administrative proceeding regarding proof of the applicant's

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financial ability to operate. The agency may require a licensee

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to provide proof of financial ability to operate at any time if

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there is evidence of financial instability, including, but not

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limited to, unpaid expenses necessary for the basic operations of

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the provider.

4/15/2008  1:52:00 PM     2-07593-08