2006 Nebraska Revised Statutes - § 71-5829.02 — Hospitals; prohibited actions; exceptions.

Section 71-5829.02
Hospitals; prohibited actions; exceptions.

Until two years after June 12, 1997, no person, including persons acting for or on behalf of a health care facility, shall engage in any action which results in:

(1) The initial establishment of a hospital;

(2) An increase in the acute care beds of a hospital, if the acute care beds of such hospital will have increased by more than ten beds or more than ten percent of total bed capacity, whichever is greater, over a two-year period; or

(3) The relocation of the acute care beds of a hospital from one physical facility or site to another physical facility or site which is more than one mile away from the existing physical facility or site, if more than ten beds or more than ten percent of total bed capacity, whichever is greater, will have been relocated from one physical facility or site to another physical facility or site which is more than one mile away from the existing physical facility or site over a two-year period, unless the relocation is in connection with replacement of an existing hospital and is required in order to:

(a) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations;

(b) Comply with accreditation or certification standards which need to be met to receive reimbursement under Title XVIII or XIX of the federal Social Security Act, as amended;

(c) Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions; or

(d) Improve physical conditions which are related to operational or functional deficiencies.

Source:

Laws 1997, LB 798, § 21

~Reissue Revised Statutes of Nebraska