| 1 | 1 | | 25 LC 57 0192 |
|---|
| 2 | 2 | | Senate Bill 95 |
|---|
| 3 | 3 | | By: Senators Watson of the 1st, Hatchett of the 50th, Summers of the 13th, Albers of the |
|---|
| 4 | 4 | | 56th, Robertson of the 29th and others |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | To amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to |
|---|
| 8 | 8 | | 1 |
|---|
| 9 | 9 | | exemptions from the certificate of need program, so as to revise an exemption from2 |
|---|
| 10 | 10 | | certificate of need requirements concerning life plan communities; to provide for related3 |
|---|
| 11 | 11 | | matters; to repeal conflicting laws; and for other purposes. 4 |
|---|
| 12 | 12 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
|---|
| 13 | 13 | | SECTION 1.6 |
|---|
| 14 | 14 | | Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions7 |
|---|
| 15 | 15 | | from the certificate of need program, is amended by revising paragraph (17) of subsection (a)8 |
|---|
| 16 | 16 | | as follows:9 |
|---|
| 17 | 17 | | "(17) Life |
|---|
| 18 | 18 | | For profit and not for profit life plan communities, provided that the skilled10 |
|---|
| 19 | 19 | | nursing component of the facility in a not for profit life plan community is for the11 |
|---|
| 20 | 20 | | exclusive use of residents of the life plan community and that a written exemption is12 |
|---|
| 21 | 21 | | obtained from the department; provided, however, that new. New sheltered nursing home13 |
|---|
| 22 | 22 | | beds may be used on a limited basis by persons who are not residents of the a not for14 |
|---|
| 23 | 23 | | profit life plan community for a period up to five years after the date of issuance of the15 |
|---|
| 24 | 24 | | initial nursing home license, but such beds shall not be eligible for Medicaid16 |
|---|
| 25 | 25 | | S. B. 95 |
|---|
| 26 | 26 | | - 1 - 25 LC 57 0192 |
|---|
| 27 | 27 | | reimbursement. For the first year, the not for profit life plan community sheltered nursing17 |
|---|
| 28 | 28 | | facility may utilize not more than 50 percent of its licensed beds for patients who are not18 |
|---|
| 29 | 29 | | residents of the life plan community. In the second year of operation, the not for profit life19 |
|---|
| 30 | 30 | | plan community shall allow not more than 40 percent of its licensed beds for new patients20 |
|---|
| 31 | 31 | | who are not residents of the life plan community. In the third year of operation, the not for21 |
|---|
| 32 | 32 | | profit life plan community shall allow not more than 30 percent of its licensed beds for new22 |
|---|
| 33 | 33 | | patients who are not residents of the life plan community. In the fourth year of operation,23 |
|---|
| 34 | 34 | | the not for profit life plan community shall allow not more than 20 percent of its licensed24 |
|---|
| 35 | 35 | | beds for new patients who are not residents of the life plan community. In the fifth year of25 |
|---|
| 36 | 36 | | operation, the not for profit life plan community shall allow not more than 10 percent of its26 |
|---|
| 37 | 37 | | licensed beds for new patients who are not residents of the life plan community. At no time27 |
|---|
| 38 | 38 | | during the first five years shall the not for profit life plan community sheltered nursing28 |
|---|
| 39 | 39 | | facility occupy more than 50 percent of its licensed beds with patients who are not residents29 |
|---|
| 40 | 40 | | under contract with the life plan community. At the end of the five-year period, the not for30 |
|---|
| 41 | 41 | | profit life plan community sheltered nursing facility shall be utilized exclusively by residents31 |
|---|
| 42 | 42 | | of the life plan community, and at no time shall a resident of a not for profit life plan32 |
|---|
| 43 | 43 | | community be denied access to the sheltered nursing facility. At no time shall any existing33 |
|---|
| 44 | 44 | | patient be forced to leave the life plan community to comply with this paragraph. Sheltered34 |
|---|
| 45 | 45 | | nursing home beds in a for profit life plan community utilized by nonresidents of the life plan35 |
|---|
| 46 | 46 | | community shall not be eligible for Medicaid reimbursement. The department is authorized36 |
|---|
| 47 | 47 | | to promulgate rules and regulations regarding the use and definition of the term 'sheltered37 |
|---|
| 48 | 48 | | nursing facility' in a manner consistent with this Code section. Agreements to provide38 |
|---|
| 49 | 49 | | continuing care include agreements to provide care for any duration, including agreements39 |
|---|
| 50 | 50 | | that are terminable by either party;"40 |
|---|
| 51 | 51 | | S. B. 95 |
|---|
| 52 | 52 | | - 2 - 25 LC 57 0192 |
|---|
| 53 | 53 | | SECTION 2. |
|---|
| 54 | 54 | | 41 |
|---|
| 55 | 55 | | All laws and parts of laws in conflict with this Act are repealed.42 |
|---|
| 56 | 56 | | S. B. 95 |
|---|
| 57 | 57 | | - 3 - |
|---|