NC Register Volume 16 Issue 15 - Office of Administrative Hearings

eds will serve those persons who would havebeen served by State psychiatric hospitals innursing facility beds, a certificate of needapplication to transfer nursing facility bedsfrom a State hospital shall include a writtenmemorandum of agreement between theDirector of the applicable State psychiatrichospital; the Chief of Adult CommunityMental Health Services and the Chief ofInstitutional Services in the Division ofMH/DD/SAS; the Secretary of Health andHuman Services; and the person submittingthe proposal.(2) 10 NCAC 03R .6389(e) does not allow thedevelopment of new nursing care beds.Nursing care beds transferred from StatePsychiatric Hospitals to the communitypursuant to 10 NCAC 03R .6389(e)(1) shall beexcluded from the inventory.(f) Relocation Of Nursing Facility Beds. Relocations ofexisting licensed nursing facility beds are allowed only withinthe host county and to contiguous counties currently served bythe facility, except as provided in 10 NCAC 03R .6389(d).Certificate of need applicants proposing to relocate licensednursing facility beds shall:(1) demonstrate that the proposal shall not resultin a deficit in the number of licensed nursingfacility beds in the county that would be losingnursing facility beds as a result of the proposedproject, as reflected in the State MedicalFacilities Plan in effect at the time thecertificate of need review begins; and(2) demonstrate that the proposal shall not resultin a surplus of licensed nursing facility beds inthe county that would gain nursing facilitybeds as a result of the proposed project, asreflected in the State Medical Facilities Plan ineffect at the time the certificate of need reviewbegins.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6390 POLICY FOR PLANEXEMPTION FOR CONTINUING CARE RETIREMENTCOMMUNITIES ADULT CARE HOME BEDS(a) Qualified continuing care retirement communities mayinclude from the outset, or add or convert bed capacity for adultcare without regard to the adult care home bed need shown in 10NCAC 03R .6374. To qualify for such exemption, applicationsfor certificates of need shall show that the proposed adult carehome bed capacity:(1) Will only be developed concurrently with, orsubsequent to, construction on the same site ofindependent living accommodations(apartments and homes) for persons who areable to carry out normal activities of dailyliving without assistance; suchaccommodations may be in the form ofapartments, flats, houses, cottages, and rooms;TEMPORARY RULES16:15 NORTH CAROLINA REGISTER February 1, 20021715(2) Will provide for the provision of nursingservices, medical services, or other healthrelated services as required for licensure by theDepartment of Insurance;(3) Will be used exclusively to meet the needs ofpersons with whom the facility has continuingcare contracts (in compliance with theDepartment of Insurance statutes and rules)who have lived in a non-nursing or adult careunit of the continuing care retirementcommunity for a period of at least 30 days.Exceptions shall be allowed when one spouseor sibling is admitted to the adult care homeunit at the time the other spouse or siblingmoves into a non-nursing or adult care unit, orwhen the medical condition requiring nursingor adult care home care was not known to existor be imminent when the individual became aparty to the continuing care contract;(4) Reflects the number of adult care home bedsrequired to meet the current or projected needsof residents with whom the facility has anagreement to provide continuing care, aftermaking use of all feasible alternatives toinstitutional adult care home care; and(5) Will not participate in the Medicaid programor serve State-County Special Assistancerecipients.(b) One half of the adult care home beds developed under thisexemption shall be excluded from the inventory used to projectadult care home bed need for the general population.History Note: Authority G.S. 131E-176(25); 131E-177(1);131E-183(b);Temporary Adoption Eff. January 1, 2002.10 NCAC 03R .6391 POLICIES FOR MEDICARE-CERTIFIED HOME HEALTH SERVICES(a) Need Determination Upon Termination of County's SoleMedicare-Certified Home Health Agency. When a home healthagency's board of directors, or in the case of a public agency, theresponsible public body, votes to discontinue the agency'sprovision of Medicare-Certified home health services and todecertify the office; and(1) the agency is the only Medicare-Certifiedhome health agency with an office physicallylocated in the county; and(2) the agency is not being lawfully transferred toanother entity;need for a new Medicare-Certified home health agency office inthe county is thereby established through this Paragraph.Following receipt of written notice of such decision from thehome health agency's chief administrative officer, the Certificateof Need Section shall give public notice of the need for oneMedicare-Certified home health agency office in the county, andthe dates of the review of applications to meet the need. Suchnotice shall be given no less than 45 days prior to the final datefor receipt of applications in a newspaper serving the county andto Medicare-Certified home health agencies located outside thecounty reporting serving county patients in the most recentlicensure applications on file.