§ 16-28-2.5-6.5 — Exemptions from moratorium on new Medicaid certifications for comprehensive care health facilities

Indiana § 16-28-2.5-6.5

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 28: HEALTH FACILITIES
• Ch. 2.5: Licensure and Certification Limitations

Text

5. A person may qualify for an exemption
under section 6(b)(3) of this chapter, and the state department may
approve a construction permit, a new or amended license to operate, or
Medicaid certification for a comprehensive care health facility, if any
of the following are met:
(1) The applicant is a replacement facility, and the comprehensive
care health facility that is being replaced by the replacement
facility:
(A) will no longer be licensed as a comprehensive care health
facility sixty (60) days after the replacement facility obtains a
license from the state department; and
(B) transfers any of the comprehensive care beds, including the
certification status of the beds, to the replacement facility.
(2) The applicant is currently licensed to operate at least one (1)
existing comprehensive care health facility, and the applicant has
identified at least one (1) comprehensive care health facility that
has agreed to transfer any of the comprehensive care health
facility's comprehensive care beds, including the certification
status of the beds to the applicant. A comprehensive care health
facility transferring the licensure and certification of any
comprehensive care beds to the applicant under this subdivision
will no longer be licensed as a comprehensive care health facility
sixty (60) days after the applicant obtains a license from the state
department for additional comprehensive care beds.
(3) The applicant will be constructing at least one (1)
comprehensive care health facility and meets the following
criteria:
(A) The applicant has identified at least two (2) comprehensive
care health facilities that have agreed to transfer any of the
comprehensive care health facilities' beds, including the
certification status of the comprehensive care beds, to the
applicant's new comprehensive care health facility.
(B) The number of comprehensive care health facilities seeking
to transfer comprehensive care beds to an applicant exceeds the
number of new comprehensive care health facilities being
constructed by the applicant.
(C) Unless granted an exception by both the state department
and the office of Medicaid policy and planning, if a
comprehensive care health facility seeking to transfer
comprehensive care beds is located in a medically underserved
area, as designated by the federal Health Resources & Services
Administration, at least one (1) of the new comprehensive care
health facilities must be constructed within five (5) minutes
drive time or five (5) miles of the comprehensive care health
facility that is located in the medically underserved area.
(D) The comprehensive care health facility transferring a
comprehensive care bed, including the certified status of the
comprehensive care bed, is no longer licensed as a
comprehensive care health facility sixty (60) days after the
applicant obtains a license from the state department.

Legislative History

As added by P.L.217-2017, SEC.88.