08 LC 33
2440
Senate
Bill 490
By:
Senators Carter of the 13th, Balfour of the 9th, Goggans of the 7th, Johnson of
the 1st and Chance of the 16th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating
to state health planning and development, so as to provide that skilled nursing
facilities, intermediate care facilities, and intermingled nursing facilities
may be allowed to divide under certain conditions; to provide considerations for
skilled nursing facilities, intermediate care facilities, and intermingled
nursing facilities to relocate; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 31 of the Official Code of Georgia Annotated, relating to state
health planning and development, is amended by revising subsection (a) of Code
Section 31-6-41, relating to the scope and term of validity of a certificate of
need, as follows:
"(a)
A certificate of need shall be valid only for the defined scope, location, cost,
service area, and person named in an application, as it may be amended, and as
such scope, location,
service
area, cost, and person are approved by the department, unless such certificate
of need owned by an existing health care facility is transferred to a person who
acquires such existing facility. In such case, the certificate of need shall be
valid for the person who acquires such a facility and for the scope, location,
cost, and service area approved by the department.
However, in
reviewing an application to relocate all or a portion of an existing skilled
nursing facility, intermediate care facility, or intermingled nursing facility,
the department may allow such facility to divide into two or more such
facilities if the department determines that the proposed division is
financially feasible and would be consistent with quality patient
care."
SECTION
2.
Said
chapter is further amended in Code Section 31-6-42, relating to qualification
for issue of certificate of need, by adding a new subsection to read as
follows:
"(b.1)
In the case of an application for a replacement skilled nursing facility,
intermediate care facility, or intermingled nursing facility at an alternate
location or locations from its existing location, the department shall review
the application solely under the general considerations set forth in the
department´s rules as promulgated pursuant to subsection (a) of this Code
section and shall not be subject to any service specific considerations
established by the department if the following conditions are met:
(1)
Such facility has received prior certificate of need review and approval or has
been deemed under previous provisions of this chapter to be exempt from
certificate of need review;
(2)
The alternate location of the replacement facility is within the same county as
the applicant facility; and
(3)
The replacement facility does not otherwise qualify as an expanded service
within the specific review considerations for skilled nursing facilities and
intermediate care facilities."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.