Iowa Code

Iowa Code § 135.66 (2026)

Summary review procedure

✓ current as of July 2026

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1. The department may waive the letter of intent procedures prescribed by section 135.64 and substitute a summary review procedure, which shall be established by rules of the department, when it accepts an application for a certificate of need for a project which meets any of the criteria in paragraphs “a” through “e”:

a. A project which is limited to repair or replacement of a facility or equipment damaged or destroyed by a disaster, and which will not expand the facility nor increase the services provided beyond the level existing prior to the disaster.

b. A project necessary to enable the facility or service to achieve or maintain compliance with federal, state, or other appropriate licensing, certification, or safety requirements.

c. A project which will not change the existing bed capacity of the applicant’s facility or service, as determined by the department, by more than ten percent or ten beds, whichever is less, over a two-year period.

d. A project the total cost of which will not exceed one hundred fifty thousand dollars.

e. Any other project for which the applicant proposes and the department agrees to summary review.

2. The department’s decision to disallow a summary review shall be binding upon the applicant. [C79, 81, §135.67] 91 Acts, ch 225, §8 – 10; 2009 Acts, ch 41, §191; 2023 Acts, ch 19, §1443 C2024, §10A.717 2025 Acts, ch 120, §40, 56 C2026, §135.66 Referred to in §135.71 Section transferred from §10A.717 in Code 2026 pursuant to directive in 2025 Acts, ch 120, §40 Subsection 1, unnumbered paragraph 1 amended \n

Notes of Decisions

Cited in 4 cases, 1997–2020 · leading case: Greenwood Manor v. Iowa Dep't of Pub. Health, State Health Facilities Council, 641 N.W.2d 823 (Iowa 2002).

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Greenwood Manor v. Iowa Dep't of Pub. Health, State Health Facilities Council, 641 N.W.2d 823 (Iowa 2002). · cites it 21× “66 provides affected persons the opportunity to be heard at a public hearing, Iowa Code § 135.66 (3)(b), (4), this hearing does not rise to the level of an evidentiary hearing.”

Planned Parenthood of Greater Iowa, Inc. v. Christopher G. Atchison, in His Capacity as the Dir. of the Dep't of Health of the State of Iowa, 126 F.3d 1042 (8th Cir. 1997). · cites it 2× “Iowa Code § 135.66 (3). A formal review, at a minimum, consists of evaluation of the application against the numerous criteria specified in § 135.”

Surgery Ctr. of Cedar Rapids v. Iowa Dep't of Pub. Health (Iowa Ct. App. 2020). · cites it 8× “See Iowa Code § 135.66 (2) (requiring the department “to notify all affected persons” of an application); see also id.”

Planned Parenthood v. Christopher Atchison (8th Cir. 1997). · cites it 2× “Iowa Code § 135.66 (3). A formal review, at a minimum, consists of evaluation of the application against the numerous criteria specified in § 135.”

— Iowa Code § 135.66(2) — 1 case

Greenwood Manor v. Iowa Dep't of Pub. Health, State Health Facilities Council, 641 N.W.2d 823 (Iowa 2002). “66 provides affected persons the opportunity to be heard at a public hearing, Iowa Code § 135.66 (3)(b), (4), this hearing does not rise to the level of an evidentiary hearing.”

— Iowa Code § 135.66(3)(b) — 2 cases

Surgery Ctr. of Cedar Rapids v. Iowa Dep't of Pub. Health (Iowa Ct. App. 2020). “See Iowa Code § 135.66 (2) (requiring the department “to notify all affected persons” of an application); see also id.”

— Iowa Code § 135.66(4) — 1 case

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