50-5-308. Special circumstances. The department shall issue a certificate of need for a proposed capital expenditure if:
(1) the capital expenditure is required to eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations or to comply with state licensure, certification, or accreditation standards; and
(2) the department has determined that the long-term care facility or service for which the capital expenditure is proposed is needed and that the obligation of the capital expenditure is consistent with the state long-term care facilities plan.
History: En. Sec. 18, Ch. 347, L. 1979; amd. Sec. 7, Ch. 329, L. 1983; amd. Sec. 9, Ch. 93, L. 1997; amd. Sec. 6, Ch. 477, L. 2021.
Structure Montana Code Annotated
Chapter 5. Hospitals and Related Facilities
50-5-302. Letter of intent -- application and review process
50-5-304. Review criteria, required findings, and standards
50-5-305. Period of validity of approved application
50-5-306. Right to hearing and appeal
50-5-307. Civil penalty -- injunction
50-5-308. Special circumstances
50-5-309. Exemptions from certificate of need review