§ 131A-5. Criteria and requirements. - North Carolina Statutes

§131A‑5.  Criteria and requirements.

In undertaking any health carefacilities pursuant to this Chapter, the Commission shall be guided by andshall observe the following criteria and requirements; provided that thedetermination of the Commission as to its compliance with such criteria andrequirements shall be final and conclusive:

(1)        There is a need forthe health care facilities in the area in which the health care facilities areto be located;

(2)        No health carefacilities shall be sold or leased nor any loan made to any public or nonprofitagency which is not financially responsible and capable of fulfilling itsobligations, including its obligations under an agreement of sale or lease or aloan agreement to make purchase price payments, to pay rent, to operate, repairand maintain at its own expense the health care facilities and to dischargesuch other responsibilities as may be imposed under the agreement of sale orlease or loan agreement;

(3)        Adequate provisionshall be made for the payment of the principal of and the interest on the bondsand any necessary reserves therefor and for the operation, repair andmaintenance of the health care facilities at the expense of the public ornonprofit agency; and

(4)        The publicfacilities, including utilities, and public services necessary for the healthcare facilities will be made available. (1975, c. 766, s. 1; 1979, c.54, s. 7.)