State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-177

§ 131E‑177.  Departmentof Health and Human Services is designated State Health Planning andDevelopment Agency; powers and duties.

The Department of Health andHuman Services is designated as the State Health Planning and DevelopmentAgency for the State of North Carolina, and is empowered to exercise thefollowing powers and duties:

(1)        To establishstandards and criteria or plans required to carry out the provisions andpurposes of this Article and to adopt rules pursuant to Chapter 150B of theGeneral Statutes, to carry out the purposes and provisions of this Article;

(2)        Adopt, amend, andrepeal such rules and regulations, consistent with the laws of this State, asmay be required by the federal government for grants‑in‑aid forhealth service facilities and health planning which may be made available bythe federal government. This section shall be liberally construed in order thatthe State and its citizens may benefit from such grants‑in‑aid;

(3)        Define, by rule,procedures for submission of periodic reports by persons or health servicefacilities subject to agency review under this Article;

(4)        Develop policy,criteria, and standards for health service facilities planning; shall conductstatewide registration and inventories of and make determinations of need forhealth service facilities, health services as specified in G.S. 131E‑176(16)f.,and equipment as specified in G.S. 131E‑176(16)f1., which shall includeconsideration of adequate geographic location of equipment and services; anddevelop a State Medical Facilities Plan;

(5)        Implement, by rule,criteria for project review;

(6)        Have the power togrant, deny, or withdraw a certificate of need and to impose such sanctions asare provided for by this Article;

(7)        Solicit, accept,hold and administer on behalf of the State any grants or bequests of money,securities or property to the Department for use by the Department in theadministration of this Article; and

(8)        Repealed by SessionLaws 1987, c. 511, s. 1.

(9)        Collect fees forsubmitting applications for certificates of need.

(10)      The authority toreview all records in any recording medium of any person or health servicefacility subject to agency review under this Article which pertain toconstruction and acquisition activities, staffing or costs and charges forpatient care, including but not limited to, construction contracts,architectural contracts, consultant contracts, purchase orders, cancelledchecks, accounting and financial records, debt instruments, loan and securityagreements, staffing records, utilization statistics and any other records theDepartment deems to be reasonably necessary to determine compliance with thisArticle.

The Secretary of Health andHuman Services shall have final decision‑making authority with regard toall functions described in this section. (1977, 2nd Sess., c. 1182, s. 2; 1981, c. 651, s. 1;1983, c. 713, s. 96; c. 775, ss. 1, 6; 1987, c. 511, s. 1; 1991, c. 692, s. 2;1993, c. 7, s. 3; c. 383, ss. 2, 3; 1997‑443, s. 11A.118(a); 2007‑323,s. 30.4(a).)