2017 Nebraska Revised Statutes
Chapter 71 - PUBLIC HEALTH AND WELFARE
71-5801 Act, how cited.
71-5801. Act, how cited.
Sections 71-5801 to 71-5870 shall be known and may be cited as the Nebraska Health Care Certificate of Need Act.
Source
- Laws 1979, LB 172, § 1;
- Laws 1982, LB 378, § 1;
- Laws 1989, LB 429, § 2;
- Laws 1991, LB 244, § 9;
- Laws 1993, LB 9, § 1;
- Laws 1996, LB 1155, § 58;
- Laws 1997, LB 798, § 3.
Annotations
Consideration of a certificate of need application under the Nebraska Health Care Certificate of Need Act is governed by three authorities: (1) The act, (2) department regulations promulgated under the act, and (3) the state health plan. Gramercy Hill Enters. v. State of Nebraska, Department of Health, 255 Neb. 717, 587 N.W.2d 378 (1998).
Under the Nebraska Health Care Certificate of Need Act, need for nursing beds is not synonymous with demand. Need focuses on long-range plans for services to an entire population, while demand connotes an immediate preference on the part of an individual to live in a particular nursing facility. Beatrice Manor v. Department of Health, 219 Neb. 141, 362 N.W.2d 45 (1985).
