---
title: SB 95. Certificate of Need Program; an exemption from certificate of need requirements concerning life plan communities; revise
collection: bills
id: 2025-2026/sb95
cite_as: SB 95, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb95
md_url: https://georgiacommons.org/bills/2025-2026/sb95.md
text_url: https://georgiacommons.org/bills/2025-2026/sb95/text
source_url: https://www.legis.ga.gov/legislation/69897
date: 2025-02-05
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb95.md?full=1
bill_number: SB 95
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-04
last_action: Senate Read and Referred
sponsors:
- Ben Watson
- Bo Hatchett
- Carden Summers
- John Albers
- Randy Robertson
- Blake Tillery
- Bill Cowsert
- Kay Kirkpatrick
- Matt Brass
- Lee Anderson
- Drew Echols
- Shawn Still
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB95/2025
upstream_id: 1955719
summaries_model: claude-sonnet-5
topic_tags:
- certificate of need
- life plan communities
- nursing homes
- Medicaid reimbursement
- health facility regulation
---
# SB 95. Certificate of Need Program; an exemption from certificate of need requirements concerning life plan communities; revise
## Text
Senate Bill 95
By: Senators Watson of the 1st, Hatchett of the 50th, Summers of 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 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 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 For profit and not for profit life plan communities, provided that the skilled
nursing component of the facility in a not for profit life plan community is 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 nursing home
beds may be used on a limited basis by persons who are not residents of the a not for
profit 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, the not for profit life plan community sheltered nursing
facility may utilize not more than 50 percent of its licensed beds for patients who are not
residents of the life plan community. In the second year of operation, the not for profit 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 not for
profit 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 not for profit 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 not for profit 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 years shall the not for profit life plan community sheltered 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 period, the not for
profit life plan community sheltered nursing facility shall be utilized exclusively by residents
of the life plan community, and at no time shall a resident of a not for profit life plan
community be denied access to the sheltered nursing facility. At no time shall any existing
patient be forced to leave the life plan community to comply with this paragraph. Sheltered
nursing home beds in a for profit life plan community utilized by nonresidents of the life plan
community shall not be eligible for Medicaid reimbursement. 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;"
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia Senate bill would extend the certificate of need exemption for life plan community nursing facilities to for-profit communities, not just nonprofit ones, while keeping most phase-in rules limited to nonprofit facilities.
### Plain-language summary
Georgia's certificate of need law (O.C.G.A. § 31-6-47) generally requires health facilities to get state approval before adding services like nursing beds, but it exempts skilled nursing facilities inside life plan communities (retirement communities that offer housing plus a path to nursing care) as long as certain conditions are met. Currently that exemption applies to life plan communities generally.
This bill rewrites the exemption so it explicitly covers both for-profit and not-for-profit life plan communities. It keeps the existing rule that a nonprofit life plan community's nursing beds are for residents only, with a five-year phase-in allowing a shrinking share of beds to go to non-residents, none of which can be billed to Medicaid. The bill adds a new provision saying that in for-profit life plan communities, sheltered nursing beds used by non-residents also cannot be billed to Medicaid. The bill repeals conflicting laws and does not state a delayed effective date.
### What it does
- Extends the certificate of need exemption for life plan community nursing facilities to for-profit communities, which were not previously named in the exemption.
- Keeps the requirement that a nonprofit life plan community must get a written exemption from the Department of Community Health and reserve nursing beds mainly for its own residents.
- Applies the existing five-year declining-percentage schedule for admitting non-resident patients only to not-for-profit life plan communities.
- Adds a new rule that for-profit life plan communities cannot get Medicaid reimbursement for sheltered nursing beds used by people who are not residents of the community.
- Keeps the existing rule that no current resident can be forced to leave a life plan community because of this law.
### Who it affects
Owners and operators of life plan communities (retirement communities offering housing and nursing care) in Georgia, both nonprofit and for-profit, along with their residents and the Georgia Department of Community Health, which issues the written exemptions and Medicaid reimbursement rules.
### Why it matters
For-profit life plan communities would gain a clear path to operate skilled nursing facilities without going through Georgia's certificate of need approval process, similar to nonprofit communities, but any beds they fill with non-residents would not qualify for Medicaid payment, which could affect how they staff and price those beds.
### Key provisions
- Section 1 revises paragraph (17) of O.C.G.A. § 31-6-47 to cover 'for profit and not for profit life plan communities' instead of just life plan communities generally.
- The requirement that skilled nursing beds be for exclusive resident use and that a written exemption be obtained from the department is now specified to apply to not-for-profit communities.
- The five-year declining schedule (50 percent, 40 percent, 30 percent, 20 percent, then 10 percent of beds available to non-residents) is limited by the bill's language to not-for-profit life plan communities.
- A new sentence states that sheltered nursing home beds in a for-profit life plan community used by non-residents are not eligible for Medicaid reimbursement.
- Section 2 repeals all laws in conflict with the Act; the bill does not specify a delayed effective date.
## Status
- Status: Introduced (2025-02-04)
- Last action: Senate Read and Referred (2025-02-05)
- Sponsors: Ben Watson, Bo Hatchett, Carden Summers, John Albers, Randy Robertson, Blake Tillery, Bill Cowsert, Kay Kirkpatrick, Matt Brass, Lee Anderson, Drew Echols, Shawn Still
- Official page: https://www.legis.ga.gov/legislation/69897
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb95.md?full=1