§ 131E-190 – Enforcement and sanctions.
131E-190. Enforcement and sanctions. (a) Only those new institutional health services which are found by the Department to be needed as provided in this Article and granted certificates of need shall be offered or developed within the State. (b) No formal commitments made for financing, construction, or acquisition regarding the offering or development of a […]
§ 131E-191.1 – Lobbyists prohibited from serving on the North Carolina State Health Coordinating Council.
131E-191.1. Lobbyists prohibited from serving on the North Carolina State Health Coordinating Council. No person registered as a lobbyist under Chapter 120C of the General Statutes shall be appointed to or serve on the North Carolina State Health Coordinating Council. No person previously registered as a lobbyist under Chapter 120C of the General Statutes shall […]
§ 131E-181 – Nature of certificate of need.
131E-181. Nature of certificate of need. (a) A certificate of need shall be valid only for the defined scope, physical location, and person named in the application. A certificate of need shall not be transferred or assigned except as provided in G.S. 131E-189(c). (b) A recipient of a certificate of need, or any person who […]
§ 131E-182 – Application.
131E-182. Application. (a) The Department in its rules shall establish schedules for submission and review of completed applications. The schedules shall provide that applications for similar proposals in the same service area will be reviewed together. (b) An application for a certificate of need shall be made on forms provided by the Department. The application […]
§ 131E-183 – Review criteria.
131E-183. Review criteria. (a) The Department shall review all applications utilizing the criteria outlined in this subsection and shall determine that an application is either consistent with or not in conflict with these criteria before a certificate of need for the proposed project shall be issued. (1) (See note) The proposed project shall be consistent […]
§ 131E-184 – Exemptions from review[Effective until January 1, 2023]
131E-184. Exemptions from review. [Effective until January 1, 2023] (a) Except as provided in subsection (b) of this section, the Department shall exempt from certificate of need review a new institutional health service if it receives prior written notice from the entity proposing the new institutional health service, which notice includes an explanation of why […]
§ 131E-185 – Review process.
131E-185. Review process. (a) Repealed by Session Laws 1987, c. 511, s. 1. (a1) Except as provided in subsection (c) of this section, there shall be a time limit of 90 days for review of the applications, beginning on the day established by rule as the day on which applications for the particular service in […]
§ 131E-186 – Decision.
131E-186. Decision. (a) Within the prescribed time limits in G.S. 131E-185, the Department shall issue a decision to "approve," "approve with conditions," or "deny," an application for a new institutional health service. Approvals involving new or expanded bed capacity for nursing care or intermediate care for individuals with intellectual disabilities shall include a condition that […]
§ 131E-187 – Issuance of a certificate of need.
131E-187. Issuance of a certificate of need. (a),(b) Repealed by Session Laws 2009-373, s. 1, effective July 31, 2009. (c) The Department shall issue a certificate of need in accordance with the time line requirements of this section but only after all applicable conditions of approval that can be satisfied before issuance of the certificate […]
§ 131E-188 – Administrative and judicial review.
131E-188. Administrative and judicial review. (a) After a decision of the Department to issue, deny or withdraw a certificate of need or exemption or to issue a certificate of need pursuant to a settlement agreement with an applicant to the extent permitted by law, any affected person, as defined in subsection (c) of this section, […]