10A NCAC 14C .0303      REPLACEMENT EQUIPMENT

(a)  This Rule defines the terms used in the definition of "replacement equipment" set forth in G.S. 131E-176(22a).

(b)  "Currently in use" means that the equipment to be replaced has been used by the person requesting the exemption at least 10 times to provide a health service during the 12 months prior to the date the written notice required by G.S. 131E-184(a) is submitted to the CON Section.

(c)  Replacement equipment is not "comparable" if:

(1)           the replacement equipment to be acquired is capable of providing a health service that the equipment to be replaced cannot provide; or

(2)           the equipment to be replaced was acquired less than 12 months prior to the date the written notice required by G.S. 131E-184(a) is submitted to the CON Section and it was refurbished or reconditioned when it was acquired by the person requesting the exemption.

History Note:        Authority G.S. 131E-177(1);

Temporary Adoption Eff. September 1, 1993 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. January 4, 1994;

Amended Eff. April 1, 1999; November 1, 1996;

Temporary Amendment Eff. June 3, 2002;

Amended Eff. April 1, 2003;

Readopted Eff. January 1, 2021.