§323D-45.3  Approval of applications
required to meet safety, licensure, or accreditation standards.  (a) 
Notwithstanding section 323D-43, the state agency shall approve an application
for a certificate of need for a capital expenditure which is required:



(1)  To eliminate or prevent imminent safety hazards
as defined by federal, state, or county fire, building, or life safety codes or
regulations, or



(2)  To comply with state licensure standards,



(3)  To comply with accreditation standards,
compliance with which is required to receive reimbursements under title XVIII
of the Social Security Act or payments under a state plan for medical
assistance approved under title XIX of such Act,



unless the state agency finds that the facility or
service with respect to which the capital expenditure is proposed to be made is
not needed or that the obligation of the capital expenditure is not consistent
with the state health services and facilities plan in effect under section
323D-15.



(b)  An application for a certificate of need
approved by the state agency under this section shall be approved only to the
extent that the capital expenditure is required to eliminate or prevent the
hazards described in paragraph (1) or to comply with the standards described in
paragraph (2) or (3). [L 1980, c 75, §17; am L 1982, c 245, §5; am L 1984, c
267, §13]