SB95: SB95 Certificate of Need Program; an exemption from certificate of need requirements concerning life plan communities; revise

25 LC 57 0192 Senate Bill 95 By: Senators Watson of the 1st, Hatchett of the 50th, Summers o f the 13th, Albers of the 56th, Robertson of the 29th and others A BILL TO BE ENTITLED AN ACT To amend Code Section 31-6-47 of the Official Code of Georgia A nnotated, relating to1 exemptions from the certificate of need program, so as to revis e an exemption from2 certificate of need requirements concerning life plan communiti es; to provide for related3 matters; to repeal conflicting laws; and for other purposes. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions7 from the certificate of need program, is amended by revising paragraph (17) of subsection (a)8 as follows:9 "(17) Life For profit and not for profit life plan communities, provided that the skilled10 nursing component of the facility in a not for profit life plan community is for the11 exclusive use of residents of the life plan community and that a written exemption is12 obtained from the department; provided, however, that new. New sheltered nursing home13 beds may be used on a limited basis by persons who are not resi dents of the a not for14 profit life plan community for a period up to five years after the date of issuance of the15 initial nursing home license, but such beds shall not be eligible for Medicaid16 S. B. 95 - 1 - 25 LC 57 0192 reimbursement. For the first year, the not for profit life plan community sheltered nursing17 facility may utilize not more than 50 percent of its licensed b eds for patients who are not18 residents of the life plan community. In the second year of operation, the not for profit life19 plan community shall allow not more than 40 percent of its licensed beds for new patients20 who are not residents of the life plan community. In the third year of operation, the not for21 profit life plan community shall allow not more than 30 percent of its licensed beds for new22 patients who are not residents of the life plan community. In the fourth year of operation,23 the not for profit life plan community shall allow not more than 20 percent of it s licensed24 beds for new patients who are not residents of the life plan community. In the fifth year of25 operation, the not for profit life plan community shall allow not more than 10 percent of its26 licensed beds for new patients who are not residents of the life plan community. At no time27 during the first five years shall the not for profit life plan community sheltered nursing28 facility occupy more than 50 percent of its licensed beds with patients who are not residents29 under contract with the life plan community. At the end of the five-year period, the not for30 profit life plan community sheltered nursing facility shall be utilized exclusively by residents31 of the life plan community, and at no time shall a resident of a not for profit life plan32 community be denied access to the sheltered nursing facility. At no time shall any existing33 patient be forced to leave the life plan community to comply with this paragraph. Sheltered34 nursing home beds in a for profit life plan community utilized by nonresidents of the life plan35 community shall not be eligible for Medicaid reimbursement. The department is authorized36 to promulgate rules and regulations regarding the use and defin ition of the term 'sheltered37 nursing facility' in a manner consistent with this Code section . Agreements to provide38 continuing care include agreements to provide care for any duration, including agreements39 that are terminable by either party;"40 S. B. 95 - 2 - 25 LC 57 0192 SECTION 2.41 All laws and parts of laws in conflict with this Act are repealed.42 S. B. 95 - 3 -