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1998 SESSION

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SB 466 Certificate of public need; nursing home beds.

Introduced by: Jane H. Woods | all patrons    ...    notes | add to my profiles

SUMMARY:

Certificates of public need; nursing home beds. Establishes the following conditions for the continuing care retirement community (CCRC) exception from the Request For Applications (RFA) process for certificates of public need for an increase in the number of nursing home beds: (i) the CCRC will be required to be registered with the State Corporation Commission as a continuing care provider, (ii) any initial application cannot exceed the lesser of 20 percent of the continuing care retirement community's total number of beds that are not nursing home beds or 60 beds, (iii) any subsequent application cannot cause the continuing care retirement community's total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing home beds, and (iv) the CCRC has established a qualified resident assistance policy. The Commissioner of Health may authorize a one-time, three-year open admission period. In addition to the certificate for nursing home beds requested for the initial one-time, three-year open admission period, the Commissioner may approve a certificate if (i) the number of new nursing home beds requested in any subsequent application does not cause the continuing care retirement community's total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing beds, (ii) the number of licensed nursing home beds within the CCRC does not and will not exceed 20 percent of the number of occupied beds that are not nursing beds, and (iii) no open-admission period is allowed for these additional nursing home beds. After the expiration of the one-time, three-year open admission period, the CCRC can admit (i) standard contract holders who have been bona fide residents of the non-nursing home portions of the CCRC for at least 30 days, (ii) a person who is a standard contract holder who has lived in the non-nursing home portion of the continuing care retirement community for less than 30 days but who requires nursing home care due to change in health status since admission to the facility, or (iii) a person who is a family member of a standard contract holder residing in a non-nursing home portion of the continuing care retirement community. A CCRC applicant must authorize the State Corporation Commission to disclose information to the Commissioner of Health; the SCC must provide the requested information. Definitions are set forth for "family member," "one-time, three-year open admission period," and "qualified resident assistance policy." The CCRC must have a qualified resident assistance policy to aid residents who suffer financial exigencies. A CCRC is not prohibited or prevented from discharging a resident for breach of nonfinancial contract provisions or if medically appropriate care can no longer be provided to the resident or if the resident is a danger to himself or others while in the facility. The Commissioner of Health is empowered to monitor compliance with and enforce the conditions of CCRC certificates obtained under the exception to the RFA process. A certificate may be revoked for failure to honor the conditions of a certificate granted pursuant to the special provisions.


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