10A NCAC 14G .0104. CRITERIA FOR AN UNDERSERVED AREA EXEMPTION - EXISTING ENTITY

(a)  In order for the Department to determine that there is a demonstrated need in the county where the entity is located for the designated health care services offered by the entity, the Department must conclude that:

(1)           No other entity is providing the service or services in the county within 15 miles of the existing entity; or

(2)           Any other entity located in the county within 15 miles of the existing entity which offers the same service or services provided by the existing entity is not able to provide services to all who require the service and is unwilling or unable to expand services in order to accommodate those in need of the service.  The application shall provide written confirmation from the existing provider acknowledging unmet need and unwillingness or inability to accommodate it.

(b)  In order for the Department to determine that alternative financing is not available for an existing entity the applicant shall provide with its application each of the following:

(1)           documentation that an appraisal of the entity has been made and that the portion of the entity owned by the applicant has been offered for sale to other current and potential investors at a price represented by the proportionate share of the appraised value owned by the applicant seeking an exemption and that the offer has been rejected within 30 days of the date the application was submitted; and

(2)           documentation that the portion of the entity owned by the applicant seeking an exemption has been publicly offered for sale at a price represented by its appraised value plus the cost of the appraisal, including affidavits of publication that an advertisement at least 3 inches wide and 3 inches long has appeared in four successive Sunday editions of a regional daily newspaper under the heading "Investment Opportunity" describing the type of investment available, and that no responses have been received within 30 days of the fourth advertisement or that interested parties have been unable or unwilling to purchase the portion of the entity owned by the applicant.

 

History Note:        Authority G.S. 90-408;

Eff. April 1, 1995.