Chapter
543
2006 -- S 2618 SUBSTITUTE A
Enacted 07/10/06
A N A
C T
RELATING TO HEALTH
AND SAFETY -- LICENSING OF HEALTH CARE FACILITIES
Introduced By: Senators
Alves, McBurney, Polisena, Lanzi, and McCaffrey
Date Introduced: February 09,
2006
It is
enacted by the General Assembly as follows:
SECTION
1. Section 23-17-44 of the General Laws in Chapter 23-17 entitled
"Licensing
of
Health Care Facilities" is hereby amended to read as follows:
23-17-44.
Moratorium on new initial nursing facility licensed beds and on increases
to
the licensed capacity of existing nursing facility licenses. -- (a) The licensing agency shall
issue no
new initial licenses for nursing facilities prior to July 1, 2006 2009;
provided, however,
that:
(1) Any person holding a previously issued and valid certificate of need as of
August 21,
1996
shall be permitted to effect a prior certificate from the licensing agency
consistent with any
other
statutory and regulatory provisions which may further apply;
(2) Any person holding a nursing facility license may undertake activities to
construct
and
operate a replacement nursing facility with the same or lower bed capacity as
is presently
licensed
provided that the replacement facility may only be licensed upon the otherwise
unconditional
cessation of operation of the previously licensed nursing facility;
(3) Any certificate of need application under active review before the state
agency as of
January
10, 1996, which application seeks approval of a proposal to establish a new
nursing
facility
or seeks to increase the licensed bed capacity of an existing nursing facility
shall continue
to be
reviewed under all the statutory and regulatory requirements in effect at the
time the
application
was accepted for review by the state agency; and
(4) On July 1, 1999, if the statewide occupancy rate of licensed nursing
facility beds
exceeds
ninety-two percent (92%) for the preceding calendar year, as determined by the
department
of human services, an assisted living residence licensed pursuant to chapter
17.4 of
this
title may propose to seek nursing facility licensure by conversion of assisted
living residence
rooms
within its existing physical plant; provided however, that:
(i) The number of nursing facility beds to be licensed does not exceed the
lesser of
twenty
(20) beds or ten percent (10%) of the licensed bed capacity of the assisted
living
residence;
(ii) The capital expenditures associated with the implementation of the nursing
facility
beds
does not exceed five hundred thousand dollars ($500,000);
(iii) The nursing facility shall be limited in taking residents to those
persons who are
transferring
from residency at the assisted living residence;
(iv) The application must be submitted to the health services council on or
before
October
1, 1999;
(v) The facility must comply with all requirements of the Health Care
Certificate of
Need
Act, chapter 15 of title 23.
(b) Prior to July 1, 2006 2009 the licensing agency shall not
increase the licensed bed
capacity
of any existing licensed nursing facility, including any nursing facility
approved for
change
in ownership pursuant to sections 23-17-14.3 and 23-17-14.4, to greater than
the level of
the
facility's licensed bed capacity as of August 21, 1996 plus the greater of ten
(10) beds or ten
percent
(10%) of the licensed bed capacity. Any person holding a previously issued and
valid
certificate
of need as of the date of passage of this section or who shall subsequently be
granted a
certificate
of need pursuant to subsection (a) shall be permitted to effect a prior
certificate from
the
licensing agency consistent with any other statutory and regulatory provisions
which may
further
apply. Notwithstanding any other provision of the law to the contrary,
including any
moratorium
on increasing bed capacity in nursing facilities that may otherwise apply, the
licensing
agency shall be permitted to increase the licensed bed capacity of an existing
nursing
facility
by no more than the number of beds previously licensed to one or more other
licensed
nursing
facilities provided that:
(1) All nursing facilities involved in any such transaction must be located
within the
same
municipality;
(2) The owner of a licensed nursing care facility seeking to increase its
licensed bed
capacity
must receive approval, following review by the health services council, from
the
licensing
agency for a change in owner of the other nursing facility or facilities;
(3) That the nursing facility licensed bed capacity may only be increased upon
the
otherwise
unconditional cessation of operation of the previously licensed other nursing
facility or
facilities
and the return of the license of the nursing facility or nursing facilities to
the licensing
agency;
and
(4) The licensed nursing care facility seeking to increase its licensed bed
complement
must
comply with all requirements of the Health Care Certificate of Need Act,
chapter 15 of title
23.
(c) Notwithstanding any other provision of the law to the contrary, including
any
moratorium
on increasing bed capacity in nursing facilities that may otherwise apply, a
nursing
facility
may take out of service any or all beds of its licensed capacity without
impediment to its
right to
place back into service those beds at a future date under the same terms and
conditions as
applied
at the time of taking them out of service.
SECTION
2. This act shall take effect upon passage.
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LC01846/SUB A
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