SB 579 Modifies provisions relating to certificate of need
Sponsor: Stouffer
LR Number: 2387S.02I Fiscal Note: 2387-02
Committee: Seniors, Families and Public Health
Last Action: 4/3/2007 - Hearing Conducted S Seniors, Families and Public Health Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SB 579 - This act modifies provisions relating to certificate of need.

This act raises the long-term care facilities capital expenditures limit for necessitating certificate of need review from 600,000 dollars to one million dollars, eliminates the major medical equipment requirement and the raw number of bed increase requirement for certificate of need review and increases the percent bed increase from 10 percent to 25 percent.

Also, current law provides that any residential care facility or assisted living facility may relocate any portion of such facility's current licensed beds to any other facility to be licensed within the same licensure category under certain specified conditions. Also, certain health care facilities may be replaced in their entirety under specified conditions. This act provides that such relocation or replacement shall not require approval under the state certificate of need laws.

This act also provides that prior to licensing by the department of health and senior services of any facility or beds required to obtain a certificate of need on the basis of being a new institutional service or facility, the owner of such facility shall provide an independently audited statement to the department that such facility complied with the certificate of need granted. In addition, as to facilities exempt from certificate of need review, the owner of such facility shall provide an independently audited statement that such facility was exempt from certificate of need review. If an owner is unable to verify compliance with submission of the audited report, no license shall be granted by the department. Anyone submitting a false or misleading audit report is guilty of a Class D felony. The owner of any facility or beds exempt from certificate of need review may submit a request to the department to verify exemption prior to beginning construction. Such decision shall be considered final and subject to appeal but not preclude the owner's responsibility from complying with submission of the audited report.

ADRIANE CROUSE