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2008 SESSION
084067404Be it enacted by the General Assembly of Virginia:
1. That § 32.1-102.3:1 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 32.1-102.3:1.1 as follows:
§ 32.1-102.3:1. Application for certificate not required of certain nursing facilities or nursing homes.
An application for a certificate that there exists a public need for a proposed project shall not be required for nursing facilities or nursing homes affiliated with facilities which, on January 1, 1982, and thereafter, meet all of the following criteria:
1. A facility which is operated as a nonprofit institution.
2. A facility which is licensed jointly by the Department of Health as a nursing facility or nursing home and by the Department of Social Services as an assisted living facility.
3. A facility which observes the following restrictions on admissions:
a. Admissions are only allowed pursuant to the terms of a "life care contract" guaranteeing that the full complement of services offered by the facility is available to the resident as and when needed;
b. Admissions to the assisted living facility unit are restricted to individuals defined as ambulatory by the Department of Social Services;
c. Admissions to the nursing facility or nursing home unit are restricted to those individuals who are residents of the assisted living facility unit.
4. A facility in which no resident receives federal or state public assistance funds during an open admissions period. However, a facility may apply for certification under the Medical Assistance Program in accordance with § 32.1-102.3:1.1 when an open admissions period has expired or when a facility agrees to voluntarily discontinue its open admissions period.
For the purposes of this section, "open admissions period" means a time during which a facility may take admissions directly into its nursing home beds without the signing of a standard contract.
§ 32.1-102.3:1.1. Continuing care retirement communities accessing medical assistance.
A. A nursing facility in a continuing care retirement community registered with the State Corporation Commission pursuant to Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2 may be certified for participation in the Medical Assistance Program so long as:
1. The nursing facility is no longer operating under an open admissions period as defined in § 32.1-102.3:1;
2. Any patients who qualify and receive medical assistance under the state program must have been residents of the continuing care retirement community for at least three years; and
3. Not more than 10 percent of the facility may be receiving benefits at any given time.
B. Nothing in the conditions of any certificate of public need shall limit the ability of a continuing care retirement community to participate in the Medical Assistance Program.
C. The Board shall promulgate regulations to implement the provisions of this section.