NC Register Volume 16 Issue 15 - Office of Administrative Hearings
NC Register Volume 16 Issue 15 - Office of Administrative Hearings
NC Register Volume 16 Issue 15 - Office of Administrative Hearings
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TEMPORARY RULESacute care bed need shown in 10 <strong>NC</strong>AC 03R.6356;(4) A certificate <strong>of</strong> need issued for a hospitalbasednursing care unit shall remain in force aslong as the following conditions are met:(A) the nursing care beds shall becertified for participation in the TitleXVIII (Medicare) and Title XIX(Medicaid) Programs;(B) the hospital discharges residents toother nursing facilities in thegeographic area with available bedswhen such discharge is appropriateand permissible under applicable law;and(b)(C)patients admitted shall have beenacutely ill inpatients <strong>of</strong> an acutehospital or its satellites immediatelypreceding placement in the nursingcare unit;(5) The granting <strong>of</strong> beds for hospital-basednursing care shall not allow a hospital toconvert additional beds without first obtaininga certificate <strong>of</strong> need;(6) Where any hospital, or the parent corporationor entity <strong>of</strong> such hospital, any subsidiarycorporation or entity <strong>of</strong> such hospital, or anycorporation or entity related to or affiliatedwith such hospital by common ownership,control or management:(A)(B)(C)applies for and receives a certificate<strong>of</strong> need for nursing care bed needdeterminations in 10 <strong>NC</strong>AC 03R.6373; orcurrently has nursing home bedslicensed as a part <strong>of</strong> the hospitalunder G.S. 131E, Article 5; orcurrently operates nursing care bedsunder the Federal Swing BedProgram (P.L. 96-499), such hospitalshall not be eligible to apply for acertificate <strong>of</strong> need for hospital-basednursing care beds under 10 <strong>NC</strong>AC03R .6389(a). Hospitals designatedby the State <strong>of</strong> North Carolina asCritical Access Hospitals pursuant toSection 1820(f) <strong>of</strong> the Social SecurityAct, as amended, which have notbeen allocated nursing care bedsunder provisions <strong>of</strong> G.S. 131E-175through G.S. 131E-190, may apply todevelop beds under 10 <strong>NC</strong>AC 03R.6389(a). However, such hospitalsshall not develop nursing care bedsboth to meet needs determined in 10<strong>NC</strong>AC 03R .6373 and 10 <strong>NC</strong>AC 03R.6389(a);(7) Beds certified as a "distinct part" under 10<strong>NC</strong>AC 03R .6389(a) shall be counted in theinventory <strong>of</strong> existing nursing care beds andused in the calculation <strong>of</strong> unmet nursing care<strong>16</strong>:<strong>15</strong> NORTH CAROLINA REGISTER February 1, 20021713bed need for the general population <strong>of</strong> aplanning area. Applications for certificates <strong>of</strong>need pursuant to 10 <strong>NC</strong>AC 03R .6389(a) shallbe accepted only for the March 1 review cycle.Nursing care beds awarded under 10 <strong>NC</strong>AC03R .6389(a) shall be deducted from needdeterminations for the county as shown in 10<strong>NC</strong>AC 03R .6373. The Department <strong>of</strong> Healthand Human Services shall monitor thisprogram and ensure that patients affected by10 <strong>NC</strong>AC 03R .6389(a) are receivingappropriate services, and that conditions underwhich the certificate <strong>of</strong> need was granted arebeing met.Plan Exemption For Continuing Care RetirementCommunities.(1) Qualified continuing care retirementcommunities may include from the outset, oradd or convert bed capacity for nursing carewithout regard to the nursing care bed needshown in 10 <strong>NC</strong>AC 03R .6373. To qualify forsuch exemption, applications for certificates <strong>of</strong>need shall show that the proposed nursing carebed capacity:(A)(B)Will only be developed concurrentlywith, or subsequent to, constructionon the same site <strong>of</strong> facilities for both<strong>of</strong> the following levels <strong>of</strong> care:(i) independent livingaccommodations(apartments and homes) forpersons who are able tocarry out normal activities <strong>of</strong>daily living without(ii)assistance;suchaccommodations may be inthe form <strong>of</strong> apartments, flats,houses, cottages, and rooms;andlicensed adult care homebeds for use by persons who,because <strong>of</strong> age or disabilityrequire some personalservices, incidental medicalservices, and room andboard to assure their safetyand comfort;Will be used exclusively to meet theneeds <strong>of</strong> persons with whom thefacility has continuing care contracts(in compliance with the Department<strong>of</strong> Insurance statutes and rules) whohave lived in a non-nursing unit <strong>of</strong>the continuing care retirementcommunity for a period <strong>of</strong> at least 30days. Exceptions shall be allowedwhen one spouse or sibling isadmitted to the nursing unit at thetime the other spouse or siblingmoves into a non-nursing unit, orwhen the medical condition requiring
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