Delaware § 9304 - Activities subject to review [Effective until July 1, 2028].

§ 9304. Activities subject to review [Effective until July 1, 2028].

(a) A person must obtain a Certificate of Public Review prior to undertaking any of the following activities:

(1) The construction, development or other establishment of a health-care facility or the acquisition of a nonprofit health-care facility.

(2) An expenditure by or on behalf of a health-care facility in excess of $5.8 million, or some greater amount which has been designated by the Board following an annual adjustment for inflation using an annual inflation index determined by the United States Department of Labor, Bureau of Labor Statistics, which is a capital expenditure. A capital expenditure for purposes of constructing, developing or otherwise establishing a medical office building shall not be subject to review under this chapter. When a person makes an acquisition by or on behalf of a health-care facility under lease or comparable arrangement, or through donation which would have required review if the acquisition had been by purchase, such acquisition shall be deemed a capital expenditure subject to review. The Board may exempt from review capital expenditures when determined to be necessary for maintaining the physical structure of a facility and not related to direct patient care. A notice of intent filed pursuant to § 9305 of this title, along with any other information deemed necessary by the Board, shall provide the basis for exempting such capital expenditures from review.

(3) A change in bed capacity of a health-care facility which increases the total number of beds (or distributes beds among various categories, or relocates such beds from 1 physical facility or site to another) by more than 10 beds or more than 10 percent of total licensed bed capacity, whichever is less, over a 2-year period.

(4) [Repealed.]

(5) [Expired.]

(b) A person, other than a charity or not-for-profit entity under § 2531 of Title 29, may not submit, and the Board may not accept, process, review, or act upon, an application for a Certificate of Public Review for the construction, development, establishment, or acquisition of an “acute care hospital,” as defined in § 2531 of Title 29. Any application submitted in violation of this subsection is void and of no legal effect.

61 Del. Laws, c. 393, §  1;  66 Del. Laws, c. 90, §  1;  68 Del. Laws, c. 29, §§  5, 6;  69 Del. Laws, c. 251, §  1;  70 Del. Laws, c. 446, §§  3-5;  72 Del. Laws, c. 64, §§  1, 8-11;  75 Del. Laws, c. 192, §§  5, 6;  76 Del. Laws, c. 87, §  1;  79 Del. Laws, c. 50, §§  2, 3;  80 Del. Laws, c. 250, §§  1, 2;  85 Del. Laws, c. 252, § 2;  85 Del. Laws, c. 350, § 4;