§ 131E-179. Research activities. - North Carolina Statutes

§ 131E‑179. Research activities.

(a)        Notwithstanding any other provisions of this Article, ahealth service facility may offer new institutional health services to be usedsolely for research, or incur the obligation of a capital expenditure solelyfor research, without a certificate of need, if the Department grants anexemption.  The Department shall grant an exemption if the health servicefacility files a notice of intent with the Department in accordance with rulespromulgated by the Department and if the Department finds that the offering orobligation will not:

(1)        Affect the charges of the health service facility for theprovision of medical or other patient care services other than services whichare included in the research;

(2)        Substantially change the bed capacity of the facility; or

(3)        Substantially change the medical or other patient careservices of the facility.

(b)        After a health service facility has received an exemptionpursuant to subsection (a) of this section, it shall not offer the newinstitutional health services, or use a facility acquired through the capitalexpenditure, in a manner which affects the charges of the facility for theprovision of medical or other patient care services, other than the serviceswhich are included in the research and shall not charge patients for the use ofthe service for which an exemption has been granted, without first obtaining acertificate of need from the Department; provided, however, that any facilityor service acquired or developed under the exemption provided by this sectionshall not be subject to the foregoing restrictions on its use if the facilityor service could otherwise be offered or developed without a certificate ofneed.

(c)        Any of the activities described in subsection (a) of thissection shall be deemed to be solely for research even if they include patientcare provided on an occasional and irregular basis and not as a part of theresearch program. (1983, c. 775, s.1; 1987, c. 511, s. 1; 1991, c. 692, s. 4.)