36-421. Application for construction or
modification
A. An initial license application for a health care institution shall include
architectural plans and specifications. These plans and specifications shall meet the
minimum standards for licensure within the class or subclass of health care institution
for which it is intended. The application shall include the name and address of each
owner and lessee of any agricultural land regulated pursuant to section 3-365.
B. Construction or modification of a licensed health care institution shall meet
the minimum standards for licensure within the class or subclass of health care
institution for which it is intended.
C. An applicant shall comply with all state statutes and rules and local codes and
ordinances required for the health care institution's construction.
D. A health care institution or its facility shall not be licensed if it is located
on property that is less than four hundred feet from agricultural land that is regulated
pursuant to section 3-365, except that the owner of the agricultural land may agree to
comply with the buffer zone requirements of section 3-365. If the owner agrees in
writing to comply with the buffer zone requirements and records the agreement in the
office of the county recorder as a restrictive covenant running with the title to the
land, the health care institution or facility may be licensed and located within the
affected buffer zone. The agreement may include any stipulations regarding the health
care institution or facility, including conditions for future expansion of the health
care institution or facility and changes in the operational status of the health care
institution or facility that will result in a breach of the agreement. This subsection
shall not apply to the issuance or renewal of a license for a health care institution
located in the same location for which a health care institution license was previously
issued.
E. For the purposes of this section, health care institution does not include a
home health agency, a mental health service agency or a hospice service agency.
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