| 1 | 1 | | 25 LC 57 0285 |
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| 2 | 2 | | House Bill 904 |
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| 3 | 3 | | By: Representatives Silcox of the 53 |
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| 4 | 4 | | rd |
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| 5 | 5 | | and Cooper of the 45 |
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| 6 | 6 | | th |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to |
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| 11 | 11 | | 1 |
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| 12 | 12 | | exemptions from the certificate of need program, so as to revise an exemption from2 |
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| 13 | 13 | | certificate of need requirements concerning life plan communities; to provide for a definition;3 |
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| 14 | 14 | | to provide for related matters; to repeal conflicting laws; and for other purposes.4 |
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| 15 | 15 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 16 | 16 | | SECTION 1.6 |
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| 17 | 17 | | Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions7 |
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| 18 | 18 | | from the certificate of need program, is amended by revising paragraph (17) of subsection8 |
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| 19 | 19 | | (a) as follows:9 |
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| 20 | 20 | | "(17) Life plan communities, provided that the skilled nursing component of the facility10 |
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| 21 | 21 | | is primarily utilized by |
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| 22 | 22 | | for the exclusive use of residents of the life plan community and11 |
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| 23 | 23 | | that a written exemption is obtained from the department; provided, however, that new.12 |
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| 24 | 24 | | New sheltered skilled nursing home facility beds may be used on a limited basis by13 |
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| 25 | 25 | | persons who are not residents of the life plan community for a period up to five years14 |
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| 26 | 26 | | after the date of issuance of the initial nursing home license, but such beds shall not be15 |
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| 27 | 27 | | eligible for Medicaid reimbursement. For the first year after the date of issuance of the16 |
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| 28 | 28 | | H. B. 904 |
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| 29 | 29 | | - 1 - 25 LC 57 0285 |
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| 30 | 30 | | initial skilled nursing facility license, the life plan community sheltered skilled nursing17 |
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| 31 | 31 | | facility may utilize not more than 50 percent of its licensed beds for new patients who are18 |
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| 32 | 32 | | not residents of the life plan community. In the second year of operation, the life plan19 |
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| 33 | 33 | | community shall allow not more than 40 percent of its licensed beds for new patients who20 |
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| 34 | 34 | | are not residents of the life plan community. In the third year of operation, the life plan21 |
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| 35 | 35 | | community shall allow not more than 30 percent of its licensed beds for new patients who22 |
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| 36 | 36 | | are not residents of the life plan community. In the fourth year of operation, the life plan23 |
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| 37 | 37 | | community shall allow not more than 20 percent of its licensed beds for new patients who24 |
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| 38 | 38 | | are not residents of the life plan community. In the fifth year of operation, the life plan25 |
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| 39 | 39 | | community shall allow not more than 10 percent of its licensed beds for new patients who26 |
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| 40 | 40 | | are not residents of the life plan community. At no time during the first five three years27 |
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| 41 | 41 | | of operation shall the life plan community sheltered skilled nursing facility occupy more28 |
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| 42 | 42 | | than 50 percent of its licensed beds with patients who are not residents under contract29 |
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| 43 | 43 | | with the life plan community. At the end of the five-year three-year period, the life plan30 |
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| 44 | 44 | | community sheltered skilled nursing facility shall be utilized exclusively primarily by31 |
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| 45 | 45 | | residents of the life plan community, and at no time shall the life plan community skilled32 |
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| 46 | 46 | | nursing facility occupy more than (i) 25 percent of its skilled nursing facility beds with33 |
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| 47 | 47 | | patients requiring long-term care and who are not residents under contract with the life34 |
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| 48 | 48 | | plan community; and (ii) the greater of five beds or 10 percent of its skilled nursing35 |
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| 49 | 49 | | facility beds with patients requiring short-term rehabilitation who are not residents under36 |
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| 50 | 50 | | contract with the life plan community. At no time shall a resident of a life plan37 |
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| 51 | 51 | | community be denied access to the sheltered skilled nursing facility. At no time nor shall38 |
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| 52 | 52 | | any existing patient be forced to leave the life plan community to comply with this39 |
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| 53 | 53 | | paragraph. The department is authorized to promulgate rules and regulations regarding40 |
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| 54 | 54 | | the use and definition of the term 'sheltered nursing facility' in a manner consistent with41 |
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| 55 | 55 | | this Code section. Agreements to provide continuing care include agreements to provide42 |
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| 56 | 56 | | care for any duration, including agreements that are terminable by either party. As used43 |
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| 57 | 57 | | H. B. 904 |
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| 58 | 58 | | - 2 - 25 LC 57 0285 |
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| 59 | 59 | | in this paragraph, the term 'short-term rehabilitation' means skilled nursing facility beds44 |
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| 60 | 60 | | which may be occupied for not more than 100 days per benefit period, the cost of which45 |
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| 61 | 61 | | is covered under Part A of Title XVIII of the federal Social Security Act (Medicare) or46 |
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| 62 | 62 | | paid privately;"47 |
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| 63 | 63 | | SECTION 2.48 |
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| 64 | 64 | | All laws and parts of laws in conflict with this Act are repealed.49 |
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| 65 | 65 | | H. B. 904 |
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| 66 | 66 | | - 3 - |
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