25 LC 57 0285
House Bill 904
By: Representatives Silcox of the 53
rd
and Cooper of the 45
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to
1
exemptions from the certificate of need program, so as to revise an exemption from2
certificate of need requirements concerning life plan communities; to provide for a definition;3
to provide for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions7
from the certificate of need program, is amended by revising paragraph (17) of subsection8
(a) as follows:9
"(17) Life plan communities, provided that the skilled nursing component of the facility10
is primarily utilized by
for the exclusive use of residents of the life plan community and11
that a written exemption is obtained from the department; provided, however, that new.12
New sheltered skilled nursing home facility beds may be used on a limited basis by13
persons who are not residents of the life plan community for a period up to five years14
after the date of issuance of the initial nursing home license, but such beds shall not be15
eligible for Medicaid reimbursement. For the first year after the date of issuance of the16
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initial skilled nursing facility license, the life plan community sheltered skilled nursing17
facility may utilize not more than 50 percent of its licensed beds for new patients who are18
not residents of the life plan community. In the second year of operation, the life plan19
community shall allow not more than 40 percent of its licensed beds for new patients who20
are not residents of the life plan community. In the third year of operation, the life plan21
community shall allow not more than 30 percent of its licensed beds for new patients who22
are not residents of the life plan community. In the fourth year of operation, the life plan23
community shall allow not more than 20 percent of its licensed beds for new patients who24
are not residents of the life plan community. In the fifth year of operation, the life plan25
community shall allow not more than 10 percent of its licensed beds for new patients who26
are not residents of the life plan community. At no time during the first five three years27
of operation shall the life plan community sheltered skilled nursing facility occupy more28
than 50 percent of its licensed beds with patients who are not residents under contract29
with the life plan community. At the end of the five-year three-year period, the life plan30
community sheltered skilled nursing facility shall be utilized exclusively primarily by31
residents of the life plan community, and at no time shall the life plan community skilled32
nursing facility occupy more than (i) 25 percent of its skilled nursing facility beds with33
patients requiring long-term care and who are not residents under contract with the life34
plan community; and (ii) the greater of five beds or 10 percent of its skilled nursing35
facility beds with patients requiring short-term rehabilitation who are not residents under36
contract with the life plan community. At no time shall a resident of a life plan37
community be denied access to the sheltered skilled nursing facility. At no time nor shall38
any existing patient be forced to leave the life plan community to comply with this39
paragraph. The department is authorized to promulgate rules and regulations regarding40
the use and definition of the term 'sheltered nursing facility' in a manner consistent with41
this Code section. Agreements to provide continuing care include agreements to provide42
care for any duration, including agreements that are terminable by either party. As used43
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in this paragraph, the term 'short-term rehabilitation' means skilled nursing facility beds44
which may be occupied for not more than 100 days per benefit period, the cost of which45
is covered under Part A of Title XVIII of the federal Social Security Act (Medicare) or46
paid privately;"47
SECTION 2.48
All laws and parts of laws in conflict with this Act are repealed.49
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