SLS 14RS-1285 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 569
BY SENATOR MORRISH
NURSING HOMES. Provides with respect to the moratorium on additional beds for nursing
facilities. (8/1/14)
AN ACT1
To amend and reenact R.S. 40:2116(D)(2), relative to facility need review; to provide with2
respect to the moratorium on additional beds for nursing facilities; to provide for the3
replacement of existing facilities; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 40:2116(D)(2) is hereby amended and reenacted to read as follows:6
ยง2116. Facility need review7
* * *8
D. (1) * * *9
(2) The Department of Health and Hospitals shall implement a moratorium10
on additional beds for nursing facilities. The Department of Health and Hospitals11
shall not approve any additional nursing facilities or additional beds in nursing12
facilities through facility need review. This prohibition shall apply only to13
applications for new beds not approved prior to July 1, 1996. Such prohibition shall14
become enforceable on July 1, 1996, and shall remain in effect until July 1, 2016,15
This prohibition shall not apply to the replacement of existing facilities provided that16
there is no increase in existing nursing home beds at the replacement facility or all17 SB NO. 569
SLS 14RS-1285 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of the following criteria are met:1
(a) The increase in the existing nursing home beds is for a newly2
constructed nursing home facility in a parish with a population between sixty-3
one thousand and sixty-five thousand according to the latest federal decennial4
census.5
(b) The newly constructed nursing home facility has replaced a facility6
structurally older than twenty-five years.7
(c) The increase in beds brings the total approved beds to no more than8
eighty.9
(d) The new additional beds are not part of the Medicaid or Medicare10
programs.11
* * *12
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Horne.
DIGEST
Morrish (SB569)
Present law requires the Department of Health and Hospitals (DHH) to implement a
moratorium on additional beds for nursing facilities. Further prohibits DHH from approving
any additional nursing facilities or additional beds in nursing facilities through facility need
review. The prohibition applies only to applications for new beds not approved prior to July
1, 1996, and shall remain in effect until July 1, 2016. The prohibition does not apply to the
replacement of existing facilities provided there is no increase in existing nursing home beds
at the replacement facility.
Proposed law retains present law and further excludes from the prohibition on additional
beds for nursing facilities when all the following conditions exist:
(1)The increase in the existing nursing home beds is for a newly constructed nursing
home facility in a parish with a population between 61,000 and 65,000 according to
the latest federal decennial census.
(2)The newly constructed nursing home has replaced a facility structurally older than
25 years.
(3)The increase in beds brings the total approved beds to no more than 80.
(4)The new beds are not part of the Medicaid or Medicare programs.
Effective August 1, 2014.
(Amends R.S. 40:2116(D)(2))