GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION
CHAPTER 233
AN ACT TO ENSURE THAT THE RECIPIENT OF A CON FOLLOW THE PROJECTIONS OF ITS APPLICATIONS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 131E-181(b) reads as rewritten:
"(b) A recipient of a
certificate of need, or any person who may subsequently acquire, in any manner
whatsoever permitted by law, the service for which that certificate of need was
issued, is required to materially comply with the representations made in its
application for that certificate of need. The Department may shall require
any recipient of a certificate of need, or its successor, whose service is in operation
to submit to the Department evidence that the recipient, or its successor, is
in material compliance with the representations made in its application for the
certificate of need which granted the recipient the right to operate that
service. In determining whether the recipient of a certificate of need,
or its successor, is operating a service which materially differs from the
representations made in its application for that certificate of need, the
Department shall consider cost increases to the recipient, or its successor,
including, but not limited to, the following:
(1) Any increase in the consumer price index;
(2) Any increased cost incurred because of Government requirements, including federal, State, or any political subdivision thereof; and
(3) Any increase in cost due to professional fees or the purchase of services and supplies."
Sec. 2. This act shall become effective October 1, 1989.
In the General Assembly read three times and ratified this the 5th day of June, 1989.