Ala. Admin. Code r. 410-1-5A-.01

Current through Register Vol. 42, No. 11, August 30, 2024

Section 410-1-5A-.01 - Exemption From Certificate Of Need Review

(1) An increase in the bed capacity of a licensed skilled or intermediate care nursing facility shall be exempt from certificate of need review provided:

(a) the increase does not exceed ten percent (10%) of the total nursing home beds of the applying facility, rounded to the nearest whole number, or ten beds, whichever is greater; and

(b) the average rate of occupancy of the applying facility is ninety-five percent (95%) or greater during the 24-month period ending on June 30th of the year immediately preceding the application for exemption; and

(c) the aggregate average rate of occupancy for all other skilled and intermediate care nursing home facilities situated in the same county as the applicant is ninety-five percent (95%) or greater during the 24-month period ending on June 30th of the year immediately preceding the application for exemption; and

(d) the increase does not require capital expenditures exceeding the capital spending thresholds prescribed in 22-21-263(a)(2), or result in the addition of a new health service or result in the conversion of beds; and

(e) the facility has not been granted an increase in beds under this exemption within the 24-month period immediately preceding the application; and

(f) the applying facility is not an intermediate care facility designated ICF-MR by the State Board of Health and operated by the Department of Mental Health; and

(g) the executive director of the state agency approves the exemption after receipt of the proper application.

Author:

Ala. Admin. Code r. 410-1-5A-.01

New Rule: Filed: September 22, 1994; effective: October 27, 1994.

Statutory Authority:Code of Ala. 1975, § 22-21-265(c), as amended.