The department may, in accordance with the laws of the state governing injunctions and other process, maintain an action in the name of the state against any person who is engaging in an activity identified as requiring a certificate of need under the Nebraska Health Care Certificate of Need Act without first having a valid certificate of need or who is engaging in an activity prohibited under the act.

Terms Used In Nebraska Statutes 71-5868

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Certificate of need: means a written authorization by the department for a person to implement the project under review. See Nebraska Statutes 71-5803.03
  • Department: means the Department of Health and Human Services. See Nebraska Statutes 71-5803.04
  • Person: means an individual, a trust or estate, a partnership, a limited liability company, a corporation, including associations, joint-stock companies, and insurance companies, a state, a political subdivision or instrumentality, including a municipal corporation, of a state, or any legal entity recognized by the state. See Nebraska Statutes 71-5803.12
  • Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801