State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-175

Article 9.

Certificate of Need.

§ 131E‑175.  Findings of fact.

The General Assembly of North Carolina makes the following findings:

(1)        That the financing of health care, particularly thereimbursement of health services rendered by health service facilities, limitsthe effect of free market competition and government regulation is thereforenecessary to control costs, utilization, and distribution of new health servicefacilities and the bed complements of these health service facilities.

(2)        That the increasing cost of health care services offeredthrough health service facilities threatens the health and welfare of thecitizens of this State in that citizens need assurance of economical andreadily available health care.

(3)        That, if left to the market place to allocate health servicefacilities and health care services, geographical maldistribution of thesefacilities and services would occur and, further, less than equal access to allpopulation groups, especially those that have traditionally been medicallyunderserved, would result.

(3a)      That access to health care services and health carefacilities is critical to the welfare of rural North Carolinians, and to thecontinued viability of rural communities, and that the needs of rural NorthCarolinians should be considered in the certificate of need review process.

(4)        That the proliferation of unnecessary health servicefacilities results in costly duplication and underuse of facilities, with theavailability of excess capacity leading to unnecessary use of expensiveresources and overutilization of health care services.

(5)        Repealed by Session Laws 1987, c. 511, s. 1.

(6)        That excess capacity of health service facilities places anenormous economic burden on the public who pay for the construction and operationof these facilities as patients, health insurance subscribers, health plancontributors, and taxpayers.

(7)        That the general welfare and protection of lives, health,and property of the people of this State require that new institutional healthservices to be offered within this State be subject to review and evaluation asto need, cost of service, accessibility to services, quality of care,feasibility, and other criteria as determined by provisions of this Article orby the North Carolina Department of Health and Human Services pursuant toprovisions of this Article prior to such services being offered or developed inorder that only appropriate and needed institutional health services are madeavailable in the area to be served.

(8)        That because persons who have received exemptions underSection 11.9(a) of S.L. 2000‑67, as amended, and under Section 11.69(b)of S.L. 1997‑443, as amended by Section 12.16C(a) of S.L. 1998‑212,and as amended by Section 1 of S.L. 1999‑135, have had sufficient time tocomplete development plans and initiate construction of beds in adult carehomes.

(9)        That because with the enactment of this legislation, bedsallowed under the exemptions noted above and pending development will count inthe inventory of adult care home beds available to provide care to residents inthe State Medical Facilities Plan.

(10)      That because State and county expenditures provide supportfor nearly three‑quarters of the residents in adult care homes throughthe State County Special Assistance program, and excess bed capacity increasescosts per resident day, it is in the public interest to promote efficiencies indelivering care in those facilities by controlling and directing their growthin an effort to prevent underutilization and higher costs and provideappropriate geographical distribution.

(11)      That physicians providing gastrointestinal endoscopy servicesin unlicensed settings should be given an opportunity to obtain a license toprovide those services to ensure the safety of patients and the provision ofquality care.

(12)      That demand for gastrointestinal endoscopy services isincreasing at a substantially faster rate than the general population given theprocedure is recognized as a highly effective means to diagnose and preventcancer. (1977, 2nd Sess., c. 1182,s. 2; 1981, c. 651, s. 1; 1983, c. 775, s. 1; 1987, c. 511, s. 1; 1993, c. 7,s. 1; 1997‑443, s. 11A.118(a); 2001‑234, s. 1; 2005‑346, s.5.)