SB 898 - This act modifies several provisions relating to the occupancy rate of health care facilities for purposes of certificates of need. First, this act removes the phrase "nonapplicability review" from the definition of "new institutional health service" regarding changes in licensed bed capacity. Additionally, current law requires maintenance of a 90% average occupancy rate for the previous six quarters when determining whether a long-term care facility may increase its licensed bed capacity. This act changes that rate to 85%. Under current law, long-term care facilities may transfer or sell individual licensed beds to qualifying facilities. The selling facility shall not expand its licensed bed capacity in that licensure category for 5 years. Under this act, the licensed bed transferred or sold to qualifying facilities shall be "licensed and available". Additionally, the selling facility may not expand its bed capacity either for 5 years or until the average occupancy of licensed and available beds in that licensure category within a 15-mile radius is 85% for the previous six quarters. Any facility that transfers or sells licensed and available beds shall have an average occupancy rate of less than 70% for the previous six quarters.
This act is substantially similar to HB 2093 (2020).
SARAH HASKINS