(a) The commissioner shall issue a certificate of authority for a facility that:
(1) was occupied by at least one resident on September 1, 1987;
(2) was under construction on September 1, 1987; or
(3) incurred substantial financial obligations before September 1, 1987, related to the development of the facility.
(b) A certificate of authority issued under this section may be suspended or revoked as any other certificate.

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(c) This section prevails over § 246.022.