§323D-43  Certificates of need.  (a)  Noperson, public or private, nonprofit or for profit, shall:

(1)  Construct, expand, alter, convert, develop,initiate, or modify a health care facility or health care services in the Statethat requires a total capital expenditure in excess of the expenditure minimum;or

(2)  Substantially modify or increase the scope ortype of health service rendered; or

(3)  Increase, decrease, or change the class of usageof the bed complement of a health care facility, or relocate beds from onephysical facility or site to another,

unless a certificate of need therefor has first beenissued by the state agency.

(b)  No certificate of need shall be issuedunless the state agency has determined that:

(1)  There is a public need for the facility or theservice; and

(2)  The cost of the facility or service will not beunreasonable in the light of the benefits it will provide and its impact onhealth care costs.

(c)  The state agency may adopt criteria forcertificate of need review which are consistent with this section.  Suchcriteria may include but are not limited to need, cost, quality, accessibility,availability, and acceptability.

Each decision of the state agency to issue acertificate of need shall, except in an emergency situation that poses a threatto public health, be consistent with the state health services and facilitiesplan in effect under section 323D-15.  Each certificate of need issued shall bevalid for a period of one year from the date of issuance unless the period isextended for good cause by the state agency and expenditures for the projectshall not exceed the maximum amount of the expenditures approved in thecertificate of need. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L1980, c 75, §12; am L 1982, c 245, §5; am L 1984, c 267, §9; am L 1987, c 270,§11; am L 1997, c 336, §8]