25 LC 57 0192
Senate Bill 95
By: Senators Watson of the 1st, Hatchett of the 50th, Summers of the 13th, Albers of the
56th, Robertson of the 29th and others
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 related3
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 subsection (a)8
as follows:9
"(17) Life
For profit and not for profit life plan communities, provided that the skilled10
nursing component of the facility in a not for profit life plan community is for the11
exclusive use of residents of the life plan community and that a written exemption is12
obtained from the department; provided, however, that new. New sheltered nursing home13
beds may be used on a limited basis by persons who are not residents of the a not for14
profit life plan community for a period up to five years after the date of issuance of the15
initial nursing home license, but such beds shall not be eligible for Medicaid16
S. B. 95
- 1 - 25 LC 57 0192
reimbursement. For the first year, the not for profit life plan community sheltered nursing17
facility may utilize not more than 50 percent of its licensed beds for patients who are not18
residents of the life plan community. In the second year of operation, the not for profit life19
plan community shall allow not more than 40 percent of its licensed beds for new patients20
who are not residents of the life plan community. In the third year of operation, the not for21
profit life plan community shall allow not more than 30 percent of its licensed beds for new22
patients who are not residents of the life plan community. In the fourth year of operation,23
the not for profit life plan community shall allow not more than 20 percent of its licensed24
beds for new patients who are not residents of the life plan community. In the fifth year of25
operation, the not for profit life plan community shall allow not more than 10 percent of its26
licensed beds for new patients who are not residents of the life plan community. At no time27
during the first five years shall the not for profit life plan community sheltered nursing28
facility occupy more than 50 percent of its licensed beds with patients who are not residents29
under contract with the life plan community. At the end of the five-year period, the not for30
profit life plan community sheltered nursing facility shall be utilized exclusively by residents31
of the life plan community, and at no time shall a resident of a not for profit life plan32
community be denied access to the sheltered nursing facility. At no time shall any existing33
patient be forced to leave the life plan community to comply with this paragraph. Sheltered34
nursing home beds in a for profit life plan community utilized by nonresidents of the life plan35
community shall not be eligible for Medicaid reimbursement. The department is authorized36
to promulgate rules and regulations regarding the use and definition of the term 'sheltered37
nursing facility' in a manner consistent with this Code section. Agreements to provide38
continuing care include agreements to provide care for any duration, including agreements39
that are terminable by either party;"40
S. B. 95
- 2 - 25 LC 57 0192
SECTION 2.
41
All laws and parts of laws in conflict with this Act are repealed.42
S. B. 95
- 3 -