2013 Indiana Code TITLE 16. HEALTH ARTICLE 28. HEALTH FACILITIES CHAPTER 16. MORATORIUM ON MEDICAID CERTIFICATION OF COMPREHENSIVE CARE BEDS
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IC 16-28-16
Chapter 16. Moratorium on Medicaid Certification of
Comprehensive Care Beds
IC 16-28-16-1
Application
Sec. 1. This chapter does not apply to the conversion of acute care
beds to comprehensive care beds under IC 16-29-3.
As added by P.L.229-2011, SEC.163.
IC 16-28-16-2
"Comprehensive care bed"
Sec. 2. As used in this chapter, "comprehensive care bed" means
a bed that:
(1) is licensed or is to be licensed under IC 16-28-2;
(2) functions as a bed licensed under IC 16-28-2; or
(3) is subject to this article.
The term does not include a comprehensive care bed that will be
used solely to provide specialized services and that is subject to
IC 16-29.
As added by P.L.229-2011, SEC.163.
IC 16-28-16-3
"Replacement bed"
Sec. 3. As used in this chapter, "replacement bed" means a
comprehensive care bed that is relocated to a health facility that is
licensed or is to be licensed under this article. This term includes
comprehensive care beds that are certified for participation in:
(1) the state Medicaid program; or
(2) both the state Medicaid program and federal Medicare
program.
As added by P.L.229-2011, SEC.163.
IC 16-28-16-4
Prohibition; certification of new or converted comprehensive care
beds; exceptions
Sec. 4. (a) Except as provided in subsection (b), the state
department may not approve the certification of new or converted
comprehensive care beds for participation in the state Medicaid
program unless the statewide comprehensive care bed occupancy rate
is more than ninety-five percent (95%), as calculated annually on
January 1 by the state department of health.
(b) This section does not apply to the following:
(1) A comprehensive care health facility that:
(A) seeks a replacement bed exception;
(B) is licensed or is to be licensed under this article;
(C) applies to the state department of health to certify a
comprehensive care bed for participation in the Medicaid
program if the comprehensive care bed for which the health
facility is seeking certification is a replacement bed for an
existing comprehensive care bed;
(D) applies to the division of aging in the manner:
(i) described in subsection (c); and
(ii) prescribed by the division; and
(E) meets the licensure, survey, and certification
requirements of this article.
(2) A small house health facility approved under section 6 of
this chapter.
(c) An application made under subsection (b)(1) for a replacement
bed exception must include the following:
(1) The total number and identification of the existing
comprehensive care beds that the applicant requests be replaced
by health facility location and by provider.
(2) If the replacement bed is being transferred to a different
comprehensive care health facility with the same ownership, a
provision that provides the division of aging written verification
from the health facility holding the comprehensive care bed
certification that the health facility has agreed to transfer the
beds to the applicant health facility.
(3) If the replacement bed is being transferred to a different
comprehensive care health facility under different ownership,
a provision that provides the division of aging a copy of the
complete agreement between the comprehensive care health
facility transferring the beds and the applicant comprehensive
care health facility.
(4) Any other information requested by the division of aging
necessary to evaluate the transaction.
As added by P.L.229-2011, SEC.163.
IC 16-28-16-5
Transfer of Medicaid bed from one facility to another
Sec. 5. Except in the case of an emergency or a disaster, Medicaid
certification of an existing comprehensive care bed may not be
transferred to a new location until the new facility is seeking
certification of the bed.
As added by P.L.229-2011, SEC.163.
IC 16-28-16-6
Small house health facilities
Sec. 6. (a) A person planning to construct a small house health
facility shall apply to the state department for a license under this
article.
(b) An applicant under this section, including an entity related to
the applicant through common ownership or control, may apply to
the state department for Medicaid certification of not more than fifty
(50) comprehensive care beds for small house health facilities per
year.
(c) The state department may not approve certification of more
than one hundred (100) new comprehensive care beds designated for
small house health facilities per year.
(d) The state department shall approve an application for
Medicaid certification for a small house health facility:
(1) in the order of the completed application date; and
(2) if the applicant meets the definition of a small house health
facility and the requirements of this section.
(e) A person that fails to complete construction and begin
operation of a small house comprehensive care health facility within
twelve (12) months after the state department's approval of the
application forfeits the person's right to the Medicaid certified
comprehensive care beds approved by the state department if:
(1) another person has applied to the state department for
approval of certified comprehensive care beds for participation
in the state Medicaid program at least one (1) small house
health facility; and
(2) the person's application was denied for the sole reason that
the maximum number of Medicaid certified comprehensive care
beds specified in subsection (c) had been approved for small
house health facilities.
As added by P.L.229-2011, SEC.163.
IC 16-28-16-7
Expiration
Sec. 7. This chapter expires June 30, 2014.
As added by P.L.229-2011, SEC.163.
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