Introduced By: Senators Connors, DaPonte and Goodwin
Date Introduced : February 8, 1999
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. -- (1) The licensing agency shall issue
no new initial licenses for nursing facilities prior to July 1,
{DEL 1999 DEL} {ADD 2004 ADD}; provided, however, that: (a)
any person holding a previously issued and valid certificate of
need as of the date of passage of this section shall be permitted
to effect such prior certificate from the licensing agency consistent
with such other statutory and regulatory provisions which may
further apply; (b) 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 such replacement facility may only be licensed
upon the otherwise unconditional cessation of operation of the
previously licensed nursing facility; and (c) 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 such application was accepted for review
by the state agency {ADDand (d) 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, residential care/assisted living facility licensed
pursuant to chapter 23-17.4 that proposes to seek nursing facility
licensure by conversion of residential care/assisted living facility
rooms within its existing physical plant; provided however, that
(1) the number of nursing facility beds to be so licensed does
not exceed the lesser of twenty (20) beds or ten percent (10%)
of the licensed bed capacity of the residential care/assisted
living facility; (2) the capital expenditures associated with
the implementation of the nursing facility beds does not exceed
five hundred thousand dollars ($500,000); (3) that such nursing
facility shall be limited in taking residents to those persons
who are transferring from residency at the residential care/assisted
living facility; (4) the residential care/assisted living facility
must participate in the Medicaid program; (5) the application
must be submitted to the health services council on or before
October 1, 1999; (6) the facility must comply with all requirements
of the Health Care Certificate of Need Act, Chapter 15 of Title
23ADD}.
(2) {ADD Prior to July 1, 2001, ADD} {DEL T DEL} {ADD t ADD}he 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 section
23-17-14 herein, except for the greater of ten (10) beds or ten
percent (10%) of the facility's licensed capacity {DELprior to July
1, 1999 2001 DEL}; provided, however, that
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 (1) above
shall be permitted to effect such prior certificate from the licensing
agency consistent with such other statutory and regulatory provisions
which may further apply.
SECTION 2. This act shall take effect upon passage.
