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1998 SESSION
983042254Be it enacted by the General Assembly of Virginia:
1. That § 32.1-102.3:1 of the Code of Virginia is amended and reenacted 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 one 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 adult care residence.
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 adult care residence 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 adult care residence unit.
4. A facility in which no resident receives federal or state public assistance funds.
5. A freestanding nursing home facility which is not associated with a hospital or part of a long-term care community having multiple levels of care, if (i) such nursing home had a licensed bed capacity of less than sixty beds on July 1, 1998, (ii) all of the beds in such nursing home are certified to receive individuals eligible for medical assistance services, (iii) the nursing facility project is planned to increase the licensed bed capacity of the facility to not more than sixty such beds, (iv) all of the new nursing home beds will seek certification for reimbursement from Medicare and Medicaid, and (v) the projected allocation of licensed nursing home beds provided in the State Medical Facilities Plan will not be reduced through the expansion of the number of nursing home beds in the exempted facility. Any project for which a certificate is issued pursuant to this subdivision shall not be considered an incomplete project by the Commissioner when determining future allocations of beds within the planning district of the project.