Section 151-C:13 Exemptions.
I. The following are excluded from this chapter:
(a) Private offices or private clinics of physicians, dentists, or other practitioners of the healing arts, meaning the physical places which are occupied by such providers on a regular basis in which such providers perform the range of diagnostic and treatment services usually performed by such providers on an outpatient basis;
(b) Dispensaries and first-aid stations, located within business or industrial establishments, maintained solely for the use of employees, provided that such a facility does not contain inpatient or resident beds for patients or employees who generally remain in the facility for more than 24 hours;
(c) Infirmaries owned or operated by education institutions;
(d) Institutions or homes which provide remedial care or treatment only to residents or patients who rely solely upon treatment by prayer or spiritual means in accordance with the creed or attendance of any recognized church or religious denomination;
(e) [Repealed.]
(f) Facilities and services which are intended to serve only outpatients and which do not require construction of greater than the appropriate threshold level, as determined under RSA 151-C:5, II(a) or RSA 151-C:5, II(f) or new equipment costing more than $400,000;
(g) Hospice houses;
(h) Notwithstanding any other provision of this chapter, a skilled nursing facility distinct part unit established by Androscoggin Valley Hospital or Franklin Regional Hospital in order to qualify as a critical access hospital under 42 U.S.C. Section 1395i-4 and 42 CFR Part 485, Subpart F; provided, that the number of beds in the skilled nursing facility distinct part unit shall not exceed the hospital's existing skilled nursing patient capacity. For purposes of this subparagraph, the term ""existing skilled nursing patient capacity'' means with respect to each month, the number of skilled nursing patient days for such month divided by the number of days in such month, and shall be the highest such number from the 12-month period ending immediately prior to the filing of the federal request for approval of the distinct part unit; provided, however, that the number determined under this subparagraph shall not exceed 10 beds; and
(i) Acute care centers established, operated, or designated by the department pursuant to RSA 141-C:26.
II. The above exclusions shall not include any diagnostic or therapeutic equipment located or used therein, or by any other facility covered by this chapter.
II-a. Nothing in this chapter shall exempt hospice houses from the licensing standards established under RSA 151.
III. The board shall adopt rules under RSA 541-A governing procedures for the expeditious processing of emergency applications and of applications for projects which are solely for the purpose of complying with the requirements of law or rules, including projects necessary for compliance with life and health safety code standards. Emergency applications include applications regarding expenditures for replacement, repair, rebuilding, or re-equipping of any part of a health care facility or health maintenance organization destroyed or damaged as the result of fire, storm, flood, act of God, or civil disturbance, or any other circumstances in which the board finds that the circumstances require action by the board in less time than normally required for review.
IV. [Repealed.]
Source. 1985, 378:6. 1988, 275:20. 1991, 333:13. 1992, 35:2, 3. 1995, 190:18; 310:46, 47. 2004, 260:25, eff. Aug. 15, 2004. 2008, 271:7, eff. June 26, 2008.