Section 151-C:4 Prohibitions.
I. No new institutional health service shall be offered or developed within the state, nor shall any arrangement or commitment for financing the offering or developing of a new institutional health service be made, except pursuant to obtaining a certificate of need for such service.
II. No certificate of need shall be granted by the board unless a standard has been developed which delineates the need for the service and outlines the criteria which must be met by any person proposing such a service.
III. (a) No new certificate of need shall be granted by the board for any nursing home, skilled nursing facility, intermediate care facility, or rehabilitation facility from the effective date of chapter 310, laws of 1995, department of health and human services reorganization act, through the period ending June 30, 2012. This moratorium shall also apply to new certificates of need regarding any rehabilitation bed in any type of facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services. However, a certificate of need shall be issued for replacement or renovation of existing beds as necessary to meet life safety code requirements or to remedy deficiencies noted in a licensing inspection pursuant to RSA 151 or state survey and certification process pursuant to titles XVIII and XIX of the Social Security Act. In addition, a certificate of need may be issued for construction or renovation as necessary to repair or refurbish an existing facility, or to accommodate additional beds obtained by transfer to an existing facility. In the case of repair, refurbishment, or transferred beds, the resulting costs in excess of the current capital expenditure threshold as adjusted for inflation pursuant to RSA 151-C:5, II(f)(1) shall not be reflected in any state Medicaid rate. Any application for a certificate of need under this subparagraph shall indicate whether it is for a life safety code requirement or to remedy deficiencies noted in a licensing inspection or whether it is for repair or refurbishment of an existing facility or for transferred beds. If the application is approved, it shall be deemed that the board has agreed with the indicated reason for such application.
(b) No certificate of need shall be granted by the board for any nursing home, skilled nursing facility or intermediate care facility if it will result in the total number of licensed nursing facility beds in the region exceeding 40 beds per each 1,000 persons aged 65 and older living in the region.
IV. Prior to December 31, 1998, the department of health and human services shall evaluate the methodology for calculating the need for nursing homes or facilities and rehabilitation facilities to determine whether the existing methodology reflects the current needs of New Hampshire citizens. Based on this evaluation the standard of need for nursing homes or facilities and rehabilitation facilities shall be revised.
V. Any applications for certificates of need for nursing homes or facilities or rehabilitation facilities pending on the effective date of this paragraph shall be suspended pending revision of such standard of need.
VI. The board shall apply the revised standard of need to any suspended pending applications.
VII. Paragraphs III-VI of this section shall not apply to and the board shall not revise, rescind, or suspend any certificate of need granted under RSA 151-C for any nursing home facility in Strafford county prior to the effective date of this paragraph. Once the construction of such a facility has been completed, the facility shall be licensed by the appropriate authority, provided that the facility meets the certificate of need specifications. Beds in the facility shall not be available for use until July 1, 1997.
Source. 1985, 378:6. 1995, 310:48. 1998, 370:1; 388:2. 2001, 253:1. 2003, 223:4, eff. July 1, 2003. 2007, 330:1, eff. July 16, 2007. 2009, 271:1, eff. July 29, 2009.