§323D-54  Exemptions from certificate of
need requirements.  Nothing in this part or rules with respect to the
requirement for certificates of need applies to:



(1)  Offices of physicians, dentists, or other
practitioners of the healing arts in private practice as distinguished from
organized ambulatory health care facilities, except in any case of purchase or
acquisition of equipment attendant to the delivery of health care service and
the instruction or supervision for any private office or clinic involving a
total expenditure in excess of the expenditure minimum;



(2)  Laboratories, as defined in section 321-11(12),
except in any case of purchase or acquisition of equipment attendant to the
delivery of health care service and the instruction or supervision for any
laboratory involving a total expenditure in excess of the expenditure minimum;



(3)  Dispensaries and first aid stations located
within business or industrial establishments and maintained solely for the use
of employees; provided such facilities do not regularly provide inpatient or
resident beds for patients or employees on a daily twenty-four-hour basis;



(4)  Dispensaries or infirmaries in correctional or
educational facilities;



(5)  Dwelling establishments, such as hotels, motels,
and rooming or boarding houses that do not regularly provide health care
facilities or health care services;



(6)  Any home or institution conducted only for those
who, pursuant to the teachings, faith, or belief of any group, depend for
healing upon prayer or other spiritual means;



(7)  Dental clinics;



(8)  Nonpatient areas of care facilities such as
parking garages and administrative offices;



(9)  Bed changes that involve ten per cent or ten beds
of existing licensed bed types, whichever is less, of a facility's total
existing licensed beds within a two-year period;



(10)  Projects that are wholly dedicated to meeting
the  State's obligations under court orders, including consent decrees, that
have already determined that need for the projects exists;



(11)  Replacement of existing equipment with its
modern-day equivalent;



(12)  Primary care clinics under the expenditure
thresholds referenced in section 323D-2;



(13)  Equipment and services related to that equipment,
that are primarily invented and used for research purposes as opposed to usual
and customary diagnostic and therapeutic care;



(14)  Capital expenditures that are required:



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



(B)  To comply with state licensure standards;



(C)  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;



(15)  Extended care adult residential care homes and
assisted living facilities; or



(16)  Other facilities or services that the agency
through the statewide council chooses to exempt, by rules pursuant to section
323D-62. [L 1975, c 159, pt of §2; ren and am L 1977, c 178, pt of §2; am L
1979, c 150, §1; am L 1980, c 75, §23; am L 1987, c 270, §14; am L 1997, c 302,
§3 and c 336, §13]



 



Revision Note



 



  Paragraphs (15) and (16) redesignated pursuant to §23G-15(1).