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 <ins>primarily utilized by</ins> <del>for</del> the <del>exclusive use of</del> residents of the life plan community and
that a written exemption is obtained from the department; <del>provided, however, that new.
</del> <ins>New</ins> <del>sheltered</del> <ins>skilled</ins> nursing <del>home</del> <ins>facility</ins> beds may be used on a limited basis by
persons who are not residents of the life plan community <del>for a period up to five years
after the date of issuance of the initial nursing home license,</del> but such beds shall not be
eligible for Medicaid reimbursement. For the first year <ins>after the date of issuance of the
</ins>
<ins>initial skilled nursing facility license,</ins> the life plan community <del>sheltered</del> <ins>skilled</ins> nursing
facility may utilize not more than 50 percent of its licensed beds for <ins>new</ins> 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. <del>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.</del> At no time during the first <del>five</del> <ins>three</ins> years
<ins>of operation</ins> shall the life plan community <del>sheltered</del> <ins>skilled</ins> 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 <del>five-year</del> <ins>three-year</ins> period, the life plan
community <del>sheltered</del> <ins>skilled</ins> nursing facility shall be utilized <del>exclusively</del> <ins>primarily</ins> by
residents of the life plan community, and at no time shall <ins>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</ins> a resident of a life plan
community be denied access to the <del>sheltered</del> <ins>skilled</ins> nursing facility. <del>At no time</del> <ins>nor</ins> shall
any existing patient be forced to leave the life plan community to comply with this
paragraph. <del>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.</del> Agreements to provide continuing care include agreements to provide
care for any duration, including agreements that are terminable by either party. <ins>As used
</ins>
<ins>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;"
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.