§ 44-69-75 — Certificate of need; exemption of home health services providers.

(A) A home health agency shall obtain a Certificate of Need before licensure. Procedures for applying for a certificate must be in accordance with the "State Certification of Need and Health Facility Licensure Act". No certificate is required for home health agencies providing home health services before July 1, 1980. (B)(1) A continuing care retirement community licensed pursuant to Title 37, Chapter 11, may provide home health services and is exempt from subsection (A) if: (a) the continuing care retirement community furnishes or offers to furnish home health services only to residents who reside in living units provided by the continuing care retirement community pursuant to a continuing care contract; (b) the continuing care retirement community maintains a current license and meets applicable home health agency licensing standards; (c) residents of the continuing care retirement community may choose to obtain home health services from other licensed home health agencies. (2) Staff from other areas of the continuing care retirement community may deliver the home health services, but at no time may staffing levels in any area of the continuing care retirement community fall below minimum licensing standards or impair the services provided. (3) If the continuing care retirement community includes charges for home health services in its base contract, it is prohibited from billing additional fees for those services. Continuing care retirement communities certified for Medicare or Medicaid, or both, must comply with governmental reimbursement requirements concerning charges for home health services. (4) For purposes of this subsection "resident", "living unit", and "continuing care contract" have the same meanings as provided in Section 37-11-20. (C) Subsection (B) applies only to multi-level continuing care retirement communities which incorporate a skilled nursing facility. (D) The continuing care retirement community shall not bill in excess of its costs. These costs will be determined on nonfacility-based Medicare and/or Medicaid standards.

Legislative History

HISTORY: 1980 Act No. 321; 1996 Act No. 381, SECTION 2; 2024 Act No. 164 (S.858), SECTION 4, eff May 20, 2024. Effect of Amendment 2024 Act No. 164, SECTION 4, in (A), in the first sentence, substituted "Certificate of Need" for "certificate of need"; redesignated (B) as (B)(1) and former (1) to (3) as (a) to (c), respectively, and inserted the (2) to (4) designators in the formerly undesignated paragraphs.