Senate Bill sb1252c2

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    Florida Senate - 2003                    CS for CS for SB 1252

    By the Committees on Appropriations; Health, Aging, and
    Long-Term Care; and Senators Bennett and Fasano




    309-2344-03

  1                      A bill to be entitled

  2         An act relating to nursing homes; creating s.

  3         400.244, F.S.; allowing nursing homes to

  4         convert beds to alternative uses as specified;

  5         providing restrictions on uses of funding under

  6         assisted-living Medicaid waivers; providing

  7         procedures; providing for the applicability of

  8         certain fire and life safety codes; providing

  9         applicability of certain laws; requiring a

10         nursing home to submit to the Agency for Health

11         Care Administration a written request for

12         permission to convert beds to alternative uses;

13         providing conditions for disapproving such a

14         request; providing for periodic review;

15         providing for retention of nursing home

16         licensure for converted beds; providing for

17         reconversion of the beds; providing

18         applicability of licensure fees; requiring a

19         report to the agency; amending s. 400.021,

20         F.S.; redefining the term "resident care plan,"

21         as used in part I of ch. 400, F.S.; amending s.

22         400.23, F.S.; providing that certain

23         information from the Agency for Health Care

24         Administration must reflect final agency

25         actions; amending s. 400.141, F.S.; amending

26         the description of the information required to

27         be kept in a nursing home resident's medical

28         record; amending s. 400.211, F.S.; revising

29         inservice training requirements for persons

30         employed as nursing assistants in a nursing

31         home facility; amending s. 408.034, F.S.;

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 1         specifying the district average occupancy rate

 2         in the agency's rulemaking authority for

 3         nursing-home-bed-need methodology; amending s.

 4         408.036, F.S.; providing for additional

 5         projects that are subject to expedited review;

 6         establishing the agency's rulemaking authority

 7         to implement provisions for expedited review;

 8         deleting obsolete dates; providing for

 9         additional projects that are exempt from

10         review; amending s. 408.037, F.S.; providing

11         that an audited financial statement of the

12         parent company may be used to fulfill an

13         application for a certificate of need;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 400.244, Florida Statutes, is

19  created to read:

20         400.244  Alternative uses of nursing home beds; funding

21  limitations; applicable codes and requirements; procedures;

22  reconversion.--

23         (1)  It is the intent of the Legislature to allow

24  nursing home facilities to use licensed nursing home facility

25  beds for alternative uses other than nursing home care for

26  extended periods of time exceeding 48 hours.

27         (2)  A nursing home may use a contiguous portion of the

28  nursing home facility to meet the needs of the elderly through

29  the use of less restrictive and less institutional methods of

30  long-term care, including, but not limited to, adult day care,

31  

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 1  assisted living, extended congregate care, or limited nursing

 2  services.

 3         (3)  Funding under assisted-living Medicaid waivers for

 4  nursing home facility beds that are used to provide extended

 5  congregate care or limited nursing services under this section

 6  may be provided only for residents who have resided in the

 7  nursing home facility for a minimum of 90 consecutive days.

 8         (4)  Nursing home facility beds that are used in

 9  providing alternative services may share common areas,

10  services, and staff with beds that are designated for nursing

11  home care. Fire codes and life safety codes applicable to

12  nursing home facilities also apply to beds used for

13  alternative purposes under this section. Any alternative use

14  must meet other requirements specified by law for that use.

15         (5)  In order to take beds out of service for nursing

16  home care and use them to provide alternative services under

17  this section, a nursing home must submit a written request for

18  approval to the Agency for Health Care Administration in a

19  format specified by the agency. The agency shall approve the

20  request unless it determines that such action will adversely

21  affect access to nursing home care in the geographical area in

22  which the nursing home is located. The agency shall, in its

23  review, consider a district average occupancy of 94 percent or

24  greater at the time of the application as an indicator of an

25  adverse impact. The agency shall review the request for

26  alternative use at each annual license renewal.

27         (6)  A nursing home facility that converts beds to an

28  alternative use under this section retains its license for all

29  of the nursing home facility beds and may return those beds to

30  nursing home operation upon 60 days' written notice to the

31  agency unless notice requirements are specified elsewhere in

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 1  law. The nursing home facility shall continue to pay all

 2  licensure fees as required by s. 400.062 and applicable rules

 3  but is not required to pay any other state licensure fee for

 4  the alternative service.

 5         (7)  Within 45 days after the end of each calendar

 6  quarter, each facility that has nursing facility beds licensed

 7  under chapter 400 shall report to the agency or its designee

 8  the total number of patient days which occurred in each month

 9  of the quarter and the number of such days which were Medicaid

10  patient days.

11         Section 2.  Subsection (17) of section 400.021, Florida

12  Statutes, is amended to read:

13         400.021  Definitions.--When used in this part, unless

14  the context otherwise requires, the term:

15         (17)  "Resident care plan" means a written plan

16  developed, maintained, and reviewed not less than quarterly by

17  a registered nurse, with participation from other facility

18  staff and the resident or his or her designee or legal

19  representative, which includes a comprehensive assessment of

20  the needs of an individual resident; the type and frequency of

21  services required to provide the necessary care for the

22  resident to attain or maintain the highest practicable

23  physical, mental, and psychosocial well-being; a listing of

24  services provided within or outside the facility to meet those

25  needs; and an explanation of service goals. The resident care

26  plan must be signed by the director of nursing or another

27  registered nurse employed by the facility to whom

28  institutional responsibilities have been delegated and by the

29  resident, the resident's designee, or the resident's legal

30  representative.

31  

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 1         Section 3.  Subsection (10) is added to section 400.23,

 2  Florida Statutes, to read:

 3         400.23  Rules; evaluation and deficiencies; licensure

 4  status.--

 5         (10)  Agency records, reports, ranking systems,

 6  Internet information, and publications must reflect final

 7  agency actions.

 8         Section 4.  Subsection (21) of section 400.141, Florida

 9  Statutes, is amended to read:

10         400.141  Administration and management of nursing home

11  facilities.--Every licensed facility shall comply with all

12  applicable standards and rules of the agency and shall:

13         (21)  Maintain in the medical record for each resident

14  a daily chart of certified nursing assistant services provided

15  to the resident. The certified nursing assistant who is caring

16  for the resident must complete this record by the end of his

17  or her shift. This record must indicate assistance with

18  activities of daily living, assistance with eating, and

19  assistance with drinking, and must record each offering of

20  nutrition and hydration for those residents whose plan of care

21  or assessment indicates a risk for malnutrition or

22  dehydration.

23         Section 5.  Subsection (4) of section 400.211, Florida

24  Statutes, is amended to read:

25         400.211  Persons employed as nursing assistants;

26  certification requirement.--

27         (4)  When employed by a nursing home facility for a

28  12-month period or longer, a nursing assistant, to maintain

29  certification, shall submit to a performance review every 12

30  months and must receive regular inservice education based on

31  the outcome of such reviews. The inservice training must:

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    Florida Senate - 2003                    CS for CS for SB 1252
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 1         (a)  Be sufficient to ensure the continuing competence

 2  of nursing assistants and must meet the standard specified in

 3  s. 464.203(7), must be at least 18 hours per year, and may

 4  include hours accrued under s. 464.203(8);

 5         (b)  Include, at a minimum:

 6         1.  Techniques for assisting with eating and proper

 7  feeding;

 8         2.  Principles of adequate nutrition and hydration;

 9         3.  Techniques for assisting and responding to the

10  cognitively impaired resident or the resident with difficult

11  behaviors;

12         4.  Techniques for caring for the resident at the

13  end-of-life; and

14         5.  Recognizing changes that place a resident at risk

15  for pressure ulcers and falls; and

16         (c)  Address areas of weakness as determined in nursing

17  assistant performance reviews and may address the special

18  needs of residents as determined by the nursing home facility

19  staff.

20  

21  Costs associated with this training may not be reimbursed from

22  additional Medicaid funding through interim rate adjustments.

23         Section 6.  Subsection (5) of section 408.034, Florida

24  Statutes, is amended to read:

25         408.034  Duties and responsibilities of agency;

26  rules.--

27         (5)  The agency shall establish by rule a

28  nursing-home-bed-need methodology that has a goal of

29  maintaining a district average occupancy rate of 94 percent

30  and that reduces the community nursing home bed need for the

31  areas of the state where the agency establishes pilot

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    Florida Senate - 2003                    CS for CS for SB 1252
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 1  community diversion programs through the Title XIX aging

 2  waiver program.

 3         Section 7.  Subsections (2) and (3) of section 408.036,

 4  Florida Statutes, are amended to read:

 5         408.036  Projects subject to review; exemptions.--

 6         (2)  PROJECTS SUBJECT TO EXPEDITED REVIEW.--Unless

 7  exempt pursuant to subsection (3), projects subject to an

 8  expedited review shall include, but not be limited to:

 9         (a)  Research, education, and training programs.

10         (b)  Shared services contracts or projects.

11         (c)  A transfer of a certificate of need.

12         (d)  A 50-percent increase in nursing home beds for a

13  facility incorporated and operating in this state for at least

14  60 years on or before July 1, 1988, which has a licensed

15  nursing home facility located on a campus providing a variety

16  of residential settings and supportive services.  The

17  increased nursing home beds shall be for the exclusive use of

18  the campus residents.  Any application on behalf of an

19  applicant meeting this requirement shall be subject to the

20  base fee of $5,000 provided in s. 408.038.

21         (e)  Replacement of a health care facility when the

22  proposed project site is located in the same district and

23  within a 1-mile radius of the replaced health care facility.

24         (f)  The conversion of mental health services beds

25  licensed under chapter 395 or hospital-based distinct part

26  skilled nursing unit beds to general acute care beds; the

27  conversion of mental health services beds between or among the

28  licensed bed categories defined as beds for mental health

29  services; or the conversion of general acute care beds to beds

30  for mental health services.

31  

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 1         1.  Conversion under this paragraph shall not establish

 2  a new licensed bed category at the hospital but shall apply

 3  only to categories of beds licensed at that hospital.

 4         2.  Beds converted under this paragraph must be

 5  licensed and operational for at least 12 months before the

 6  hospital may apply for additional conversion affecting beds of

 7  the same type.

 8         (g)  Replacement of a nursing home within the same

 9  district provided the proposed project site is located within

10  a geographic area that contains at least 65 percent of the

11  facilities current residents and is within a 30-mile radius of

12  the replaced nursing home.

13         (h)  Relocation of a portion of a nursing home's

14  licensed beds to a replacement facility within the same

15  district provided the relocation is within a 30-mile radius of

16  the existing facility and the total number of nursing home

17  beds in the district does not increase.

18  

19  The agency shall develop rules to implement the provisions for

20  expedited review, including time schedule, application content

21  which may be reduced from the full requirements of s.

22  408.037(1), and application processing.

23         (3)  EXEMPTIONS.--Upon request, the following projects

24  are subject to exemption from the provisions of subsection

25  (1):

26         (a)  For replacement of a licensed health care facility

27  on the same site, provided that the number of beds in each

28  licensed bed category will not increase.

29         (b)  For hospice services or for swing beds in a rural

30  hospital, as defined in s. 395.602, in a number that does not

31  exceed one-half of its licensed beds.

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 1         (c)  For the conversion of licensed acute care hospital

 2  beds to Medicare and Medicaid certified skilled nursing beds

 3  in a rural hospital, as defined in s. 395.602, so long as the

 4  conversion of the beds does not involve the construction of

 5  new facilities. The total number of skilled nursing beds,

 6  including swing beds, may not exceed one-half of the total

 7  number of licensed beds in the rural hospital as of July 1,

 8  1993. Certified skilled nursing beds designated under this

 9  paragraph, excluding swing beds, shall be included in the

10  community nursing home bed inventory.  A rural hospital which

11  subsequently decertifies any acute care beds exempted under

12  this paragraph shall notify the agency of the decertification,

13  and the agency shall adjust the community nursing home bed

14  inventory accordingly.

15         (d)  For the addition of nursing home beds at a skilled

16  nursing facility that is part of a retirement community that

17  provides a variety of residential settings and supportive

18  services and that has been incorporated and operated in this

19  state for at least 65 years on or before July 1, 1994. All

20  nursing home beds must not be available to the public but must

21  be for the exclusive use of the community residents.

22         (e)  For an increase in the bed capacity of a nursing

23  facility licensed for at least 50 beds as of January 1, 1994,

24  under part II of chapter 400 which is not part of a continuing

25  care facility if, after the increase, the total licensed bed

26  capacity of that facility is not more than 60 beds and if the

27  facility has been continuously licensed since 1950 and has

28  received a superior rating on each of its two most recent

29  licensure surveys.

30         (f)  For an inmate health care facility built by or for

31  the exclusive use of the Department of Corrections as provided

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    Florida Senate - 2003                    CS for CS for SB 1252
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 1  in chapter 945. This exemption expires when such facility is

 2  converted to other uses.

 3         (g)  For the termination of an inpatient health care

 4  service, upon 30 days' written notice to the agency.

 5         (h)  For the delicensure of beds, upon 30 days' written

 6  notice to the agency. A request for exemption submitted under

 7  this paragraph must identify the number, the category of beds,

 8  and the name of the facility in which the beds to be

 9  delicensed are located.

10         (i)  For the provision of adult inpatient diagnostic

11  cardiac catheterization services in a hospital.

12         1.  In addition to any other documentation otherwise

13  required by the agency, a request for an exemption submitted

14  under this paragraph must comply with the following criteria:

15         a.  The applicant must certify it will not provide

16  therapeutic cardiac catheterization pursuant to the grant of

17  the exemption.

18         b.  The applicant must certify it will meet and

19  continuously maintain the minimum licensure requirements

20  adopted by the agency governing such programs pursuant to

21  subparagraph 2.

22         c.  The applicant must certify it will provide a

23  minimum of 2 percent of its services to charity and Medicaid

24  patients.

25         2.  The agency shall adopt licensure requirements by

26  rule which govern the operation of adult inpatient diagnostic

27  cardiac catheterization programs established pursuant to the

28  exemption provided in this paragraph. The rules shall ensure

29  that such programs:

30         a.  Perform only adult inpatient diagnostic cardiac

31  catheterization services authorized by the exemption and will

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 1  not provide therapeutic cardiac catheterization or any other

 2  services not authorized by the exemption.

 3         b.  Maintain sufficient appropriate equipment and

 4  health personnel to ensure quality and safety.

 5         c.  Maintain appropriate times of operation and

 6  protocols to ensure availability and appropriate referrals in

 7  the event of emergencies.

 8         d.  Maintain appropriate program volumes to ensure

 9  quality and safety.

10         e.  Provide a minimum of 2 percent of its services to

11  charity and Medicaid patients each year.

12         3.a.  The exemption provided by this paragraph shall

13  not apply unless the agency determines that the program is in

14  compliance with the requirements of subparagraph 1. and that

15  the program will, after beginning operation, continuously

16  comply with the rules adopted pursuant to subparagraph 2.  The

17  agency shall monitor such programs to ensure compliance with

18  the requirements of subparagraph 2.

19         b.(I)  The exemption for a program shall expire

20  immediately when the program fails to comply with the rules

21  adopted pursuant to sub-subparagraphs 2.a., b., and c.

22         (II)  Beginning 18 months after a program first begins

23  treating patients, the exemption for a program shall expire

24  when the program fails to comply with the rules adopted

25  pursuant to sub-subparagraphs 2.d. and e.

26         (III)  If the exemption for a program expires pursuant

27  to sub-sub-subparagraph (I) or sub-sub-subparagraph (II), the

28  agency shall not grant an exemption pursuant to this paragraph

29  for an adult inpatient diagnostic cardiac catheterization

30  program located at the same hospital until 2 years following

31  the date of the determination by the agency that the program

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 1  failed to comply with the rules adopted pursuant to

 2  subparagraph 2.

 3         (j)  For mobile surgical facilities and related health

 4  care services provided under contract with the Department of

 5  Corrections or a private correctional facility operating

 6  pursuant to chapter 957.

 7         (k)  For state veterans' nursing homes operated by or

 8  on behalf of the Florida Department of Veterans' Affairs in

 9  accordance with part II of chapter 296 for which at least 50

10  percent of the construction cost is federally funded and for

11  which the Federal Government pays a per diem rate not to

12  exceed one-half of the cost of the veterans' care in such

13  state nursing homes. These beds shall not be included in the

14  nursing home bed inventory.

15         (l)  For combination within one nursing home facility

16  of the beds or services authorized by two or more certificates

17  of need issued in the same planning subdistrict.  An exemption

18  granted under this paragraph shall extend the validity period

19  of the certificates of need to be consolidated by the length

20  of the period beginning upon submission of the exemption

21  request and ending with issuance of the exemption.  The

22  longest validity period among the certificates shall be

23  applicable to each of the combined certificates.

24         (m)  For division into two or more nursing home

25  facilities of beds or services authorized by one certificate

26  of need issued in the same planning subdistrict.  An exemption

27  granted under this paragraph shall extend the validity period

28  of the certificate of need to be divided by the length of the

29  period beginning upon submission of the exemption request and

30  ending with issuance of the exemption.

31  

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 1         (n)  For the addition of hospital beds licensed under

 2  chapter 395 for acute care, mental health services, or a

 3  hospital-based distinct part skilled nursing unit in a number

 4  that may not exceed 10 total beds or 10 percent of the

 5  licensed capacity of the bed category being expanded,

 6  whichever is greater. Beds for specialty burn units, neonatal

 7  intensive care units, or comprehensive rehabilitation, or at a

 8  long-term care hospital, may not be increased under this

 9  paragraph.

10         1.  In addition to any other documentation otherwise

11  required by the agency, a request for exemption submitted

12  under this paragraph must:

13         a.  Certify that the prior 12-month average occupancy

14  rate for the category of licensed beds being expanded at the

15  facility meets or exceeds 80 percent or, for a hospital-based

16  distinct part skilled nursing unit, the prior 12-month average

17  occupancy rate meets or exceeds 96 percent.

18         b.  Certify that any beds of the same type authorized

19  for the facility under this paragraph before the date of the

20  current request for an exemption have been licensed and

21  operational for at least 12 months.

22         2.  The timeframes and monitoring process specified in

23  s. 408.040(2)(a)-(c) apply to any exemption issued under this

24  paragraph.

25         3.  The agency shall count beds authorized under this

26  paragraph as approved beds in the published inventory of

27  hospital beds until the beds are licensed.

28         (o)  For the addition of acute care beds, as authorized

29  by rule consistent with s. 395.003(4), in a number that may

30  not exceed 10 total beds or 10 percent of licensed bed

31  capacity, whichever is greater, for temporary beds in a

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 1  hospital that has experienced high seasonal occupancy within

 2  the prior 12-month period or in a hospital that must respond

 3  to emergency circumstances.

 4         (p)  For the addition of nursing home beds licensed

 5  under chapter 400 in a number not exceeding 10 total beds or

 6  10 percent of the number of beds licensed in the facility

 7  being expanded, whichever is greater.

 8         1.  In addition to any other documentation required by

 9  the agency, a request for exemption submitted under this

10  paragraph must:

11         a.  Effective until June 30, 2001, Certify that the

12  facility has not had any class I or class II deficiencies

13  within the 30 months preceding the request for addition.

14         b.  Effective on July 1, 2001, certify that the

15  facility has been designated as a Gold Seal nursing home under

16  s. 400.235.

17         b.c.  Certify that the prior 12-month average occupancy

18  rate for the nursing home beds at the facility meets or

19  exceeds 96 percent.

20         c.d.  Certify that any beds authorized for the facility

21  under this paragraph before the date of the current request

22  for an exemption have been licensed and operational for at

23  least 12 months.

24         2.  The timeframes and monitoring process specified in

25  s. 408.040(2)(a)-(c) apply to any exemption issued under this

26  paragraph.

27         3.  The agency shall count beds authorized under this

28  paragraph as approved beds in the published inventory of

29  nursing home beds until the beds are licensed.

30         (q)  For establishment of a specialty hospital offering

31  a range of medical service restricted to a defined age or

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 1  gender group of the population or a restricted range of

 2  services appropriate to the diagnosis, care, and treatment of

 3  patients with specific categories of medical illnesses or

 4  disorders, through the transfer of beds and services from an

 5  existing hospital in the same county.

 6         (r)  For the conversion of hospital-based Medicare and

 7  Medicaid certified skilled nursing beds to acute care beds, if

 8  the conversion does not involve the construction of new

 9  facilities.

10         (s)  For fiscal year 2001-2002 only, for transfer by a

11  health care system of existing services and not more than 100

12  licensed and approved beds from a hospital in district 1,

13  subdistrict 1, to another location within the same subdistrict

14  in order to establish a satellite facility that will improve

15  access to outpatient and inpatient care for residents of the

16  district and subdistrict and that will use new medical

17  technologies, including advanced diagnostics, computer

18  assisted imaging, and telemedicine to improve care. This

19  paragraph is repealed on July 1, 2002.

20         (t)  For replacement of a licensed nursing home on the

21  same site, or within 3 miles of the same site, provided the

22  number of licensed beds does not increase.

23         (u)  For consolidation or combination of licensed

24  nursing homes or transfer of beds between licensed nursing

25  homes within the same district, by providers that operate

26  multiple nursing homes within that district, provided there is

27  no increase in the district total of nursing home beds and the

28  relocation does not exceed 30 miles from the original

29  location.

30         Section 8.  Paragraph (c) of subsection (1) of section

31  408.037, Florida Statutes, is amended to read:

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 1         408.037  Application content.--

 2         (1)  An application for a certificate of need must

 3  contain:

 4         (c)  An audited financial statement of the applicant,

 5  or an audited financial statement of the parent company if the

 6  applicant is included in a parent company's consolidated audit

 7  which details each entity separately. In an application

 8  submitted by an existing health care facility, health

 9  maintenance organization, or hospice, financial condition

10  documentation must include, but need not be limited to, a

11  balance sheet and a profit-and-loss statement of the 2

12  previous fiscal years' operation.

13         Section 9.  This act shall take effect July 1, 2003.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                     CS for Senate Bill 1252

 3                                 

 4  The Committee Substitute requires written notice to return
    nursing home beds converted to alternative use back to nursing
 5  home operation.

 6  Allows the resident care plan to be signed by another
    registered nurse employed by the facility to whom
 7  institutional responsibilities have been delegated.

 8  Provides that Agency records, reports, ranking systems,
    internet information, and publications must reflect final
 9  Agency actions.

10  Removes the requirement that "each offering of" nutrition be
    recorded in the nursing home resident's medical record.
11  
    Provides that nursing assistant inservice training must meet
12  the standards specified in s. 464.203 (7), Florida Statutes.

13  Requires the Agency, by rule, to establish a
    nursing-home-bed-need methodology that has a goal of
14  maintaining a district average occupancy rate of 94 percent.

15  Provides two additional projects for expedited review:  1)
    replacement of a nursing home within the same district at a
16  site containing at least 65 percent of the facility's current
    residents and within a 30-mile radius of the replaced nursing
17  home, and 2) relocation of a portion of a nursing home's
    licensed beds to a replacement facility within the same
18  district within a 30 mile radius of the existing facility and
    the total number of nursing home beds in the district does not
19  increase.

20  Provides two additional exemptions from expedited review:  1)
    replacement of a licensed nursing home on the same site, or
21  within 3 miles of the same site, provided that the number of
    licensed beds does not increase; and 2) consolidation or
22  combination of licensed nursing homes or transfer of beds
    between licensed nursing homes within the same district, by
23  providers that operate multiple nursing homes within the same
    district, as long as there is no increase in the district
24  total of nursing home beds and the relocation does not exceed
    30 miles from the original location.
25  
    Provides that an audited financial statement of the parent
26  company may be used to fulfill the requirement of an audited
    financial statement of the applicant for a
27  certificate-of-need, provided that the applicant is included
    in the parent company's consolidated audit that details each
28  entity separately.

29  Removes obsolete dates for an exemption to expedited review
    related to the addition of ten total nursing home beds or ten
30  percent of the number of beds being expanded.

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.