68-11-1628 - Relocation of beds Requirements Certification Status.
68-11-1628. Relocation of beds Requirements Certification Status.
(a) Any existing licensed and operating nursing home may relocate less than all of its licensed beds to a new location or site if the following conditions are satisfied:
(1) The original facility has maintained an average annual occupancy rate for all licensed beds of at least eighty-five percent (85%) as reported on the joint annual reports for the calendar years 2006 and 2007;
(2) The proposed location for relocation of beds is within the original facility's service area;
(3) The original facility is part of a continuing care retirement community that offers long term care, including services that included skilled nursing facility services, assisted living and independent living;
(4) The original facility is licensed for more than two hundred ninety (290) beds by the department of health and was certified within the preceding twelve (12) months for medicaid and medicare participation; and
(5) An application for the relocation of the beds is filed with and approved by the health services development agency pursuant to this part.
(b) Any beds relocated to a new location shall initially have the same medicaid certification status that the original, existing nursing home relocating its beds maintains when the certificate of need is granted allowing the movement of beds.
(c) Nothing in this section shall affect a certificate of need project filed before June 3, 2008.
[Acts 2008, ch. 1089, § 2; 2009, ch. 51, § 1.]