SB 1040 - Currently, a health care facility seeking to increase its total number of beds by ten or less or ten percent or less of its total bed capacity over a two-year period may be eligible for a non-applicability review under the certificate of need program. Under this act, such a facility shall only be eligible for a non-applicability review if the facility has had no patient care class I deficiencies within the last eighteen months and has maintained at least an 85% average occupancy rate for the previous six quarters. This act is substantially similar to a provision in the truly agreed to and finally passed HB 2183 (2018), the truly agreed and finally passed CCS/HCS/SB 951 (2018), and HCS/HB 2580 (2018). SARAH HASKINS