§ 23-17-44. Moratorium on new initial nursing-facility licensed beds and on increases to the licensed
capacity of existing nursing-facility licenses.
(a) The licensing agency shall issue no new initial licenses for nursing facilities prior
to July 1, 2022; provided, however, that any person holding a nursing facility license
may undertake activities to construct and operate a replacement nursing facility with
the same or lower bed capacity as is presently licensed, provided that the replacement
facility may only be licensed upon the otherwise unconditional cessation of operation
of the previously licensed nursing facility.
(b) Prior to July 1, 2022, and with the exception of the culture initiative pursuant to
subsection (d), the licensing agency shall not increase the licensed bed capacity
of any existing licensed nursing facility, including any nursing facility approved
for change in ownership pursuant to §§ 23-17-14.3 and 23-17-14.4, to greater than the level of the facility's licensed bed capacity as of August 21,
1996, plus the greater of ten (10) beds or ten percent (10%) of the licensed bed capacity.
Any person holding a previously issued and valid certificate of need as of the date
of passage of this section, or who shall subsequently be granted a certificate of
need pursuant to subsection (a), shall be permitted to effect a prior certificate
from the licensing agency consistent with any other statutory and regulatory provisions
that may further apply. Notwithstanding any other provision of the law to the contrary,
including any moratorium on increasing bed capacity in nursing facilities that may
otherwise apply, the licensing agency shall be permitted to increase the licensed
bed capacity of an existing nursing facility by no more than the number of beds previously
licensed to one or more other licensed nursing facilities provided that:
(1) All nursing facilities involved in any such transaction must be located within the
same municipality;
(2) The owner of a licensed nursing care facility seeking to increase its licensed bed
capacity must receive approval, following review by the health services council from
the licensing agency for change in owner of the nursing facility or facilities;
(3) The nursing facility's licensed bed capacity may only be increased upon the otherwise
unconditional cessation of operation of the previously licensed other nursing facility
or facilities and the return of the license of the nursing facility or nursing facilities
to the licensing agency; and
(4) The licensed nursing care facility seeking to increase its licensed bed complement
must comply with any requirements of the health care certificate of need act, chapter
15 of this title.
(c) Notwithstanding any other provision of the law to the contrary, including any moratorium
on increasing bed capacity in nursing facilities that may otherwise apply, a nursing
facility may take out of service any or all beds of its licensed capacity without
impediment to its right to place back into service those beds at a future date under
the same terms and conditions as applied at the time of taking them out of service.
(d) Culture-change initiative. Notwithstanding any other provision of the law to the contrary, including any moratorium
on increasing bed capacity in nursing facilities that may otherwise apply, the licensing
agency may increase the licensed bed capacity of any existing licensed nursing facility,
including any nursing facility approved for change in ownership pursuant to §§ 23-17-14.3 and 23-17-14.4, for the purposes of nursing facility culture change, in accordance with the following
criteria and procedures:
(1) Culture-change definitions and criteria shall be established through regulation to
restrict beds added under this initiative only to beds that are designed to provide
enhanced quality of life to nursing facility residents through the adoption of principles
and building designs established by the "Eden Alternative,� "Green House,� or "Small
House� programs or other like means;
(2) Only beds taken out of service due to facility closure after January 1, 2010, shall
be available for facility expansion under this culture-change initiative subsection.
The total number of beds that may be licensed to increase capacity under this culture-change
initiative shall be limited to ninety percent (90%) of the first fifty (50) beds that
are taken out of service, to seventy percent (70%) of the next fifty (50) beds that
are taken out of service, and to fifty percent (50%) of any additional beds taken
out of service;
(3) Only nursing facilities licensed in the state are eligible to expand under the culture-change
initiative;
(4) The department shall promulgate regulations to govern an open and competitive process
to determine the licensure of expansion beds under this culture-change initiative,
and shall consider the impact on the regional distribution of, and access to, nursing
facility beds in the state; and
(5) Any facility seeking to expand its licensed bed capacity under this initiative, that
will result in an expenditure that meets or exceeds the criteria for determination
of need review under chapter 15 of this title, shall be required to receive approval
under chapter 15 of this title.