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) <del>Life</del> <ins>For profit and not for profit life</ins> plan communities, provided that the skilled
nursing component of the facility <ins>in a not for profit life plan community</ins> is for the
exclusive use of 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> sheltered nursing home
beds may be used on a limited basis by persons who are not residents of <del>the</del> <ins>a not for
profit</ins> 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 <ins>not for profit</ins> 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 <ins>not for profit</ins> 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 <ins>not for
profit</ins> 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 <ins>not for profit</ins> 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 <ins>not for profit</ins> 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 <ins>not for profit</ins> 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 <ins>not for
profit</ins> 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 <ins>not for profit</ins> 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. <ins>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.</ins> 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.