Georgia CommonsHB 904: Health; certificate of need requirements concerning life plan communities; revise an exemption
Introduced version, the latest LegiScan holds · Last action January 12, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
House Bill 904
By: Representatives Silcox of the 53rd and Cooper of the 45th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, so as to revise an exemption from certificate of need requirements concerning life plan communities; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from the certificate of need program, is amended by revising paragraph (17) of subsection
(a) as follows:
"(17) Life plan communities, provided that the skilled nursing component of the facility is primarily utilized by for the exclusive use of residents of the life plan community and that a written exemption is obtained from the department; provided, however, that new. New sheltered skilled nursing home facility beds may be used on a limited basis by persons who are not residents of the life plan community for a period up to five years after the date of issuance of the initial nursing home license, but such beds shall not be eligible for Medicaid reimbursement. For the first year after the date of issuance of the initial skilled nursing facility license, the life plan community sheltered skilled nursing facility may utilize not more than 50 percent of its licensed beds for new patients who are not residents of the life plan community. In the second year of operation, the life plan community shall allow not more than 40 percent of its licensed beds for new patients who are not residents of the life plan community. In the third year of operation, the life plan community shall allow not more than 30 percent of its licensed beds for new patients who are not residents of the life plan community. In the fourth year of operation, the life plan community shall allow not more than 20 percent of its licensed beds for new patients who are not residents of the life plan community. In the fifth year of operation, the life plan community shall allow not more than 10 percent of its licensed beds for new patients who are not residents of the life plan community. At no time during the first five three years of operation shall the life plan community sheltered skilled nursing facility occupy more than 50 percent of its licensed beds with patients who are not residents under contract with the life plan community. At the end of the five-year three-year period, the life plan community sheltered skilled nursing facility shall be utilized exclusively primarily by residents of the life plan community, and at no time shall the life plan community skilled nursing facility occupy more than (i) 25 percent of its skilled nursing facility beds with patients requiring long-term care and who are not residents under contract with the life plan community; and (ii) the greater of five beds or 10 percent of its skilled nursing facility beds with patients requiring short-term rehabilitation who are not residents under contract with the life plan community. At no time shall a resident of a life plan community be denied access to the sheltered skilled nursing facility. At no time nor shall any existing patient be forced to leave the life plan community to comply with this paragraph. The department is authorized to promulgate rules and regulations regarding the use and definition of the term 'sheltered nursing facility' in a manner consistent with this Code section. Agreements to provide continuing care include agreements to provide care for any duration, including agreements that are terminable by either party. As used in this paragraph, the term 'short-term rehabilitation' means skilled nursing facility beds which may be occupied for not more than 100 days per benefit period, the cost of which is covered under Part A of Title XVIII of the federal Social Security Act (Medicare) or paid privately;"
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.