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

(1)  To eliminate or prevent imminent safety hazardsas defined by federal, state, or county fire, building, or life safety codes orregulations, or

(2)  To comply with state licensure standards,

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

unless the state agency finds that the facility orservice with respect to which the capital expenditure is proposed to be made isnot needed or that the obligation of the capital expenditure is not consistentwith the state health services and facilities plan in effect under section323D-15.

(b)  An application for a certificate of needapproved by the state agency under this section shall be approved only to theextent that the capital expenditure is required to eliminate or prevent thehazards described in paragraph (1) or to comply with the standards described inparagraph (2) or (3). [L 1980, c 75, §17; am L 1982, c 245, §5; am L 1984, c267, §13]