A temporary acute care center shall only be established with the authorization of the commissioner, following the written approval of the governor, for a temporary duration when there is a public health incident as defined in RSA 508:17-a, II(c) and when the acute care hospitals in the area do not have the physical and human resources necessary to meet the demand or anticipated demand for medical care to persons who would normally require admission to an acute care hospital.
N.H. Admin. Code § He-P 311.04