Title 31, Chapter 6, Section 47
( 31-6-47)
(a) Notwithstanding the other provisions of this chapter, this
chapter shall not apply to: (1) Infirmaries operated by educational institutions for the sole
and exclusive benefit of students, faculty members, officers, or
employees thereof; (2) Infirmaries or facilities operated by businesses for the sole
and exclusive benefit of officers or employees thereof, provided
that such infirmaries or facilities make no provision for
overnight stay by persons receiving their services; (3) Institutions operated exclusively by the federal government or
by any of its agencies; (4) Offices of private physicians or dentists whether for individual or group practice, except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2; (5) Christian Science sanatoriums operated or listed and certified
by the First Church of Christ Scientist, Boston, Massachusetts; (6) Site acquisitions for health care facilities or preparation or
development costs for such sites prior to the decision to file a
certificate of need application; (7) Expenditures related to adequate preparation and development
of an application for a certificate of need; (8) The commitment of funds conditioned upon the obtaining of a
certificate of need; (9) Expenditures for the acquisition of existing health care
facilities by stock or asset purchase, merger, consolidation, or
other lawful means unless the facilities are owned or operated by
or on behalf of a: (A) Political subdivision of this state; (B) Combination of such political subdivisions; or (C) Hospital authority, as defined in Article 4 of Chapter 7 of
this title; (9.1) Expenditures for the restructuring of or for the acquisition
by stock or asset purchase, merger, consolidation, or other lawful
means of an existing health care facility which is owned or
operated by or on behalf of any entity described in subparagraph
(A), (B), or (C) of paragraph (9) of this subsection only if such
restructuring or acquisition is made by any entity described in
subparagraph (A), (B), or (C) of paragraph (9) of this subsection; (10) Expenditures for the minor repair of a health care facility,
or parts thereof or services provided or equipment used therein,
or replacement of equipment, including, but not limited to, CT
scanners;
(11) Capital expenditures otherwise covered by this chapter
required solely to eliminate or prevent safety hazards as defined
by federal, state, or local fire, building, environmental,
occupational health, or life safety codes or regulations, to
comply with licensing requirements of the Department of Human
Resources, or to comply with accreditation standards of the Joint
Commission on Accreditation of Hospitals; (12) Cost overruns whose percentage of the cost of a project is
equal to or less than the cumulative annual rate of increase in
the composite construction index, published by the Bureau of the
Census of the Department of Commerce, of the United States
government, calculated from the date of approval of the project; (13) Transfers from one health care facility to another such
facility of major medical equipment previously approved under or
exempted from certificate of need review, except where such
transfer results in the institution of a new clinical health
service for which a certificate of need is required in the
facility acquiring said equipment, provided that such transfers
are recorded at net book value of the medical equipment as
recorded on the books of the transferring facility; (14) New institutional health services provided by or on behalf of
health maintenance organizations or related health care facilities
in circumstances defined by the department pursuant to federal
law; (15) Increases in the bed capacity of a hospital up to ten beds or
10 percent of capacity, whichever is less, in any consecutive
two-year period, in a hospital that has maintained an overall
occupancy rate greater than 85 percent for the previous 12 month
period; and (16) Capital expenditures for a project otherwise requiring a
certificate of need if those expenditures are for a project to
remodel, renovate, replace, or any combination thereof, a
medical-surgical hospital and: (A) That hospital: (i) Has a bed capacity of not more than 50 beds; (ii) Is located in a county in which no other medical-surgical
hospital is located; (iii) Has at any time been designated as a disproportionate
share hospital by the Department of Community Health; and (iv) Has at least 45 percent of its patient revenues derived
from medicare, Medicaid, or any combination thereof, for the
immediately preceding three years; and (B) That project: (i) Does not result in any of the following: (I) The offering of any new clinical health services; (II) Any increase in bed capacity;
(III) Any redistribution of existing beds among existing
clinical health services; or (IV) Any increase in capacity of existing clinical health
services; (ii) Has at least 80 percent of its capital expenditures
financed by the proceeds of a special purpose county sales and
use tax imposed pursuant to Article 3 of Chapter 8 of Title
48; and (iii) Is located within a three-mile radius of and within the
same county as the hospital's existing facility. (b) The department shall establish, by rule, procedures whereby
requirements for the process of review and issuance of a certificate
of need may be modified and expedited as a result of emergency
situations. (c) By rule, the department shall establish a procedure for
expediting or waiving reviews of certain projects the nonreview of
which it deems compatible with the purposes of this chapter, in
addition to expenditures exempted from review by this Code section. |