(a) Notwithstanding § 323D-43, the state agency shall approve an application for a certificate of need for a capital expenditure which is required:

Terms Used In Hawaii Revised Statutes 323D-45.3

  • Capital expenditure: means any purchase or transfer of money or anything of value or enforceable promise or agreement to purchase or transfer money or anything of value incurred by or in behalf of any person for construction, expansion, alteration, conversion, development, initiation, or modification as defined in this section. See Hawaii Revised Statutes 323D-2
  • Certificate of need: means an authorization, when required pursuant to § 323D-43, to construct, expand, alter, or convert a health care facility or to initiate, expand, develop, or modify a health care service. See Hawaii Revised Statutes 323D-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Health: includes physical and mental health. See Hawaii Revised Statutes 323D-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • State agency: means the state health planning and development agency established in § 323D-11. See Hawaii Revised Statutes 323D-2
(1) To eliminate or prevent imminent safety hazards as defined by federal, state, or county fire, building, or life safety codes or regulations, or
(2) To comply with state licensure standards,
(3) To comply with accreditation standards, compliance with which is required to receive reimbursements under Title XVIII of the Social Security Act or payments under a state plan for medical assistance approved under Title XIX of such Act,

unless the state agency finds that the facility or service with respect to which the capital expenditure is proposed to be made is not needed or that the obligation of the capital expenditure is not consistent with the state health services and facilities plan in effect under § 323D-15.

(b) An application for a certificate of need approved by the state agency under this section shall be approved only to the extent that the capital expenditure is required to eliminate or prevent the hazards described in paragraph (1) or to comply with the standards described in paragraph (2) or (3).

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