68-11-1627 - Replacement facility applications Certificates of need for nursing home beds.
68-11-1627. Replacement facility applications Certificates of need for nursing home beds.
(a) A replacement facility application is any application that proposes to replace one (1) or more currently licensed nursing homes with one (1) single licensed nursing home.
(b) Any application or portion of a replacement facility application that does not increase the number of licensed beds over the number of beds in the existing facility or facilities being replaced shall be reviewed by the department and considered by the agency pursuant to the criteria in § 68-11-1609(b), and shall not be considered new nursing home beds. In reviewing the application, the agency shall give preference to projects that propose replacement facilities because of building or life safety standard issues. The criteria of §§ 68-11-1621 and 68-11-1622 shall not apply to replacement facility applications.
(c) If a replacement facility application seeks to increase the number of licensed beds over the number of beds in the existing facility or facilities being replaced, that portion of the application that increases the number of beds must comply with the provisions of § 68-11-1622, and shall be considered new nursing home beds. The remaining part of the application relative to the replacement of the facility or facilities shall be reviewed by the department and considered under the criteria set out in subsection (b). In reviewing such an application, the agency shall give preference to projects that propose replacement facilities because of building or life safety standard issues.
(d) [Deleted by 2008 amendment.]
(e) With regard to a certificate of need to replace a nursing home that has ceased operations, the original facility is not required to maintain its license after the certificate of need has been approved for the replacement facility.
[Acts 2005, ch. 385, § 1; 2008, ch. 844, § 1; 2008, ch. 1089, § 1.]