Ohio § 3701.87

§ 3701.87.

The governor may authorize the department of health to enter into an agreement on

behalf of the state with the United States secretary of health and human services

whereby the department may serve as the agency for review of proposed capital expenditures

by health care facilities pursuant to section 1122 of the “Social Security Act” as

amended by Public Law 92-603 , 42 U.S.C. 1320a-1 , and the regulations adopted thereunder.  Such agreement shall be subject to and include the following terms and conditions: (A) All applications, notices, requests for information, and other official communications

shall be on written forms prescribed by and approved by the director of health. (B) The director, subject to Chapter 119. of the Revised Code, shall propose, modify,

amend, and adopt rules, standards, guidelines, and official policies which are consistent

with federal law, as it deems necessary to implement the capital expenditures review

program. (C) The director shall make all findings and recommendations required by federal law

and shall give due consideration to the findings, reviews, and comments of areawide

health planning agencies performing reviews pursuant to section 314 (b)(2) of the

“Public Health Service Act,” 42 U.S.C. 246 , or the appropriate health systems agency. (D) The findings and recommendations of the director shall be in writing and shall clearly

specify the provisions of the state health facilities plan with which any application

is found to be inconsistent.  Any applicant adversely affected by the findings and recommendations of the director

may request a hearing before the director pursuant to Chapter 119. of the Revised

Code.  The findings and recommendations of the director are an adjudication as defined

in Chapter 119. of the Revised Code and may be appealed as provided in that chapter.