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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(C)(D)nursing care was not known to existor be imminent when the individualbecame a party to the continuing carecontract;Reflects the number <strong>of</strong> nursing carebeds required to meet the current orprojected needs <strong>of</strong> residents withwhom the facility has an agreement toprovide continuing care, after makinguse <strong>of</strong> all feasible alternatives toinstitutional nursing care; andWill not be certified for participationin the Medicaid program;(2) One half <strong>of</strong> the nursing care beds developedunder this exemption shall be excluded fromthe inventory used to project nursing care bedneed for the general population. All nursingcare beds developed pursuant to the provisions<strong>of</strong> S.L. 1983, c. 920, or S.L. 1985, c. 445 shallbe excluded from the inventory.(c) Determination Of Need For Additional Nursing Care Beds InSingle Provider Counties. When a nursing care facility withfewer than 80 nursing care beds is the only nursing care facilitywithin a county, it may apply for a certificate <strong>of</strong> need foradditional nursing care beds in order to bring the minimumnumber <strong>of</strong> nursing care beds available within the county to nomore than 80 nursing care beds without regard to the nursingcare bed need determination for that county as listed in 10<strong>NC</strong>AC 03R .6373.(d) Relocation Of Certain Nursing Facility Beds. A certificate<strong>of</strong> need to relocate existing licensed nursing facility beds toanother county(ies) may be issued to a facility licensed as anursing facility under G.S. 131E, Article 6, Part A, provided thatthe conditions set forth in 10 <strong>NC</strong>AC 03R .6389(d) and in 10<strong>NC</strong>AC 03R .1100 and the review criteria in G.S. 131E-183(a)are met.(1) A facility applying for a certificate <strong>of</strong> need torelocate nursing facility beds shall demonstratethat:(A)(B)(C)(D)it is a non-pr<strong>of</strong>it nursing facilitysupported by and directly affiliatedwith a particular religion and that it isthe only nursing facility in NorthCarolina supported by and affiliatedwith that religion;the primary purpose for the nursingfacility's existence is to provide longtermcare to followers <strong>of</strong> the specifiedreligion in an environment whichemphasizes religious customs,ceremonies, and practices;relocation <strong>of</strong> the nursing facility bedsto one or more sites is necessary tomore effectively provide nursing careto followers <strong>of</strong> the specified religionin an environment which emphasizesreligious customs, ceremonies, andpractices;the nursing facility is expected toserve followers <strong>of</strong> the specifiedTEMPORARY RULES<strong>16</strong>:<strong>15</strong> NORTH CAROLINA REGISTER February 1, 20021714religion from a multi-county area;and(E) the needs <strong>of</strong> the population presentlyserved shall be met adequatelypursuant to G.S. 131E-183.(2) Exemption from the provisions <strong>of</strong> 10 <strong>NC</strong>AC03R .6373 shall be granted to a nursing facilityfor purposes <strong>of</strong> relocating existing licensednursing care beds to another county providedthat it complies with all <strong>of</strong> the criteria listed in10 <strong>NC</strong>AC 03R .6389(d)(1)(A) through (E).(3) Any certificate <strong>of</strong> need issued under 10 <strong>NC</strong>AC03R .6389(d) shall be subject to the followingconditions:(A)(B)(C)the nursing facility shall relocate bedsin at least two stages over a period <strong>of</strong>at least six months or such shorterperiod <strong>of</strong> time as is necessary totransfer residents desiring to transferto the new facility and otherwisemake acceptable dischargearrangements for residents notdesiring to transfer to the newfacility;the nursing facility shall provide aletter to the Licensure andCertification Section, on or before thedate that the first group <strong>of</strong> beds arerelocated, irrevocably committing thefacility to relocate all <strong>of</strong> the nursingfacility beds for which it has acertificate <strong>of</strong> need to relocate; andsubsequent to providing the letter tothe Licensure and CertificationSection described in 10 <strong>NC</strong>AC 03R.6389(d)(3)(B), the nursing facilityshall accept no new patients in thebeds which are being relocated,except new patients who, prior toadmission, indicate their desire totransfer to the facility's newlocation(s).(e) Transfer Of Nursing Facility Beds From State PsychiatricHospital Nursing Facilities To Community Facilities.(1) Beds in State Psychiatric Hospitals that arecertified as nursing facility beds may berelocated to licensed nursing facilities.However, before nursing facility beds aretransferred out <strong>of</strong> the State PsychiatricHospitals, appropriate services shall beavailable in the community. State hospitalnursing facility beds that are relocated tolicensed nursing facilities shall be closedwithin 90 days following the date thetransferred beds become operational in thecommunity. Licensed nursing facilitiesproposing to operate transferred nursingfacility beds shall commit to serve the type <strong>of</strong>residents who are normally placed in nursingfacility beds at the State psychiatric hospitals.To help ensure that relocated nursing facility
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