2246
PUBLIC LAW 93-641-JAN. 4, 1975
[88
STAT.
law governinf^ the practices and procedures of administrative agencies, by an agency of the State (other than the State health planning and development agency) designated by the Governor, and " (B) the decision of the reviewing agency shall for purPost, p. 2258. poses of this title and title X VI be considered the decision of the State health planning and development agency. State Program, n(^Q^ 'pj-^g Secretary shall approve any State Program and any vfew""^^ ^" '^^' modification thereof which complies with subsections (a) and (b). The Secretary shall review for compliance with the requirements of this part the specifications of and operations under each State Program approved by him. Such review shall be conducted not less often than once each year. "STATE HEALTH PLANNING AND DEVELOPMENT FUNCTIONS
42 USC 3oom-2.
ug^c. 1523. (a) Each State Agency of a State designated under section 1521(b)(3) shall, except as authorized under subsection (b), perform within the State the following functions: "(1) Conduct the health planning activities of the State and implement those parts of the State health plan (under section 1524(c)(2)) and the plans of the health systems agencies within the State which relate to the government of the State. Preliminary "(2) Prepare aud review and revise as necessary (but at least p an. annually) a preliminary State health plan which shall be made up of the H S P ' s of the health systems agencies within the State. Such preliminary plan may, as found necessary by the State Agency, contain such revisions of such H S P ' s to achieve their appropriate coordination or to deal more effectively with statestit'ewidl^H'e°aith widc health needs. Such preliminary plan shall be submitted to Coordinating the Statcwldc Health Coordinating Council of the State for ^°""^" approval or disapproval and for use in developing the State health plan referred to in section 1524(c). faciutle'^^'^/an^ "(^) ^^slst the Statewide Health Coordinating Council of the review. ' State in the review of the State medical facilities plan required Post, p. 2259. under section 1603, and in the performance of its functions generally. "(4)(A) Serve as the designated planning agency of the State 42 USC i320a-i. ^^^ ^^^ purposes of section 1122 of the Social Security Act if the State has made an agreement pursuant to such section, and (B) administer a State certificate of need program which applies to new institutional health services proposed to be offered or developed within the State and which is satisfactory to the Secretary. Such program shall provide for review and determination of need prior to the time such services, facilities, and organizations are offered or developed or substantial expenditures are undertaken in preparation for such offering or development, and provide that only those services, facilities, and organizations found to be needed shall be offered or developed in the State. In performing its functions under this paragraph the State Agency shall consider recommendations made by health systems agencies under section 1513(f). "(5) After consideration of recommendations submitted by health systems agencies under section 1413(f) respecting new institutional health services proposed to be offered within the State, make findings as to the need for such services. "(6) Review on a periodic basis (but not less often than every five years) all institutional health services being offered in the
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