Senate Bill sb2106

    Florida Senate - 2007                                  SB 2106

    By Senator Joyner





    18-1714-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to nursing home certificates of

  3         need; amending s. 408.036, F.S.; deleting an

  4         exemption for nursing homes created by

  5         combining licensed beds from two or more

  6         nursing homes; providing exemptions from

  7         certificate-of-need requirements for certain

  8         nursing home facilities; providing criteria for

  9         qualifying for the exemptions; providing an

10         effective date.

11  

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

13  

14         Section 1.  Paragraph (f) of subsection (3) of section

15  408.036, Florida Statutes, is amended, paragraphs (g) through

16  (t) are redesignated as paragraphs (h) through (u),

17  respectively, and a new paragraphs (g) is added to that

18  subsection, to read:

19         408.036  Projects subject to review; exemptions.--

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

21  are subject to exemption from the provisions of subsection

22  (1):

23         (f)  For the addition of nursing home beds licensed

24  under chapter 400 in a number not exceeding 60 total beds at a

25  nursing home facility that has fewer than 60 community nursing

26  home beds. In addition to any other documentation required by

27  the agency, a request for exemption submitted under this

28  paragraph must:

29         1.  Certify that the prior 12-month average occupancy

30  rate for the nursing home beds meets or exceeds 92 percent.

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






    Florida Senate - 2007                                  SB 2106
    18-1714-07                                              See HB




 1         2.  Certify that the facility has not had any class I

 2  or II deficiencies within the 30 months preceding the request

 3  for additional beds. For the creation of a single nursing home

 4  within a district by combining licensed beds from two or more

 5  licensed nursing homes within such district, regardless of

 6  subdistrict boundaries, if 50 percent of the beds in the

 7  created nursing home are transferred from the only nursing

 8  home in a county and its utilization data demonstrate that it

 9  had an occupancy rate of less than 75 percent for the 12-month

10  period ending 90 days before the request for the exemption.

11  This paragraph is repealed upon the expiration of the

12  moratorium established in s. 651.1185(1).

13         (g)  For the addition of nursing home beds licensed

14  under chapter 400 in a number not exceeding 120 total beds at

15  a nursing home facility that is petitioning to construct a

16  replacement facility with a capacity not exceeding 120 beds

17  and the facility is currently over 60 years of age. In

18  addition to any other documentation required by the agency, a

19  request for exemption submitted under this paragraph must:

20         1.  Certify that the prior 12-month average occupancy

21  rate for the nursing home beds meets or exceeds 92 percent.

22         2.  Certify that the facility has not had any class I

23  or II deficiencies within the 30 months preceding the request

24  for additional beds.

25         Section 2.  This act shall take effect July 1, 2007.

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