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

(1)  Offices of physicians, dentists, or otherpractitioners of the healing arts in private practice as distinguished fromorganized ambulatory health care facilities, except in any case of purchase oracquisition of equipment attendant to the delivery of health care service andthe instruction or supervision for any private office or clinic involving atotal 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 thedelivery of health care service and the instruction or supervision for anylaboratory involving a total expenditure in excess of the expenditure minimum;

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

(4)  Dispensaries or infirmaries in correctional oreducational facilities;

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

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

(7)  Dental clinics;

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

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

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

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

(12)  Primary care clinics under the expenditurethresholds 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 usualand customary diagnostic and therapeutic care;

(14)  Capital expenditures that are required:

(A)  To eliminate or prevent imminent safetyhazards as defined by federal, state, or county fire, building, or life safetycodes 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 XVIIIof the Social Security Act or payments under a state plan for medicalassistance approved under Title XIX of such Act;

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

(16)  Other facilities or services that the agencythrough the statewide council chooses to exempt, by rules pursuant to section323D-62. [L 1975, c 159, pt of §2; ren and am L 1977, c 178, pt of §2; am L1979, 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).