§323D-43  Certificates of need.  (a)  No
person, 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 State
that requires a total capital expenditure in excess of the expenditure minimum;
or



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



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



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



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



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



(2)  The cost of the facility or service will not be
unreasonable in the light of the benefits it will provide and its impact on
health care costs.



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



Each decision of the state agency to issue a
certificate of need shall, except in an emergency situation that poses a threat
to public health, be consistent with the state health services and facilities
plan in effect under section 323D-15.  Each certificate of need issued shall be
valid for a period of one year from the date of issuance unless the period is
extended for good cause by the state agency and expenditures for the project
shall not exceed the maximum amount of the expenditures approved in the
certificate of need. [L 1975, c 159, pt of §2; am L 1977, c 178, pt of §2; am L
1980, 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]