State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=MSHB11242009
Last Action:
02/03/2009 In House; Died In Committee
Primary Synopsis:
AN ACT TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE NEW CONSTRUCTION OF A THIRTY-BED NURSING FACILITY AT A PERSONAL CARE/ASSISTED LIVING/ALZHEIMER’S FACILITY LOCATED IN THE CITY OF BRANDON, RANKIN COUNTY, AS PART OF A CONTINUING CARE RETIREMENT COMMUNITY WITHOUT THE ISSUANCE OF A CERTIFICATE OF NEED, PROVIDED THAT THE NURSING FACILITY DOES NOT PARTICIPATE IN THE MEDICAID PROGRAM; AND FOR RELATED PURPOSES.
Additional Bill Information:
January 19, 2009 Introduced Language-
… (18) THE NEW CONSTRUCTION OF A NURSING FACILITY AT A PERSONAL CARE/ASSISTED LIVING/ALZHEIMER’S FACILITY LOCATED ON CASTLEWOODS BOULEVARD IN THE CITY OF BRANDON, RANKIN COUNTY, SHALL NOT REQUIRE THE ISSUANCE OF A CERTIFICATE OF NEED, NOTWITHSTANDING ANY PROVISION IN SECTION 41-7-171 ET SEQ. TO THE CONTRARY, IF THE CONDITIONS OF THIS SUBSECTION ARE MET.
(A) THE NUMBER OF NURSING FACILITY BEDS AT THE FACILITY SHALL BE THIRTY (30) BEDS.
(B) BEFORE ANY CONSTRUCTION MAY BE UNDERTAKEN, THE APPLICANT TO CONSTRUCT THE NURSING FACILITY FIRST MUST FILE A WRITTEN NOTICE OF INTENT AND SIGN A WRITTEN AGREEMENT WITH THE STATE DEPARTMENT OF HEALTH THAT THE ENTIRE NURSING FACILITY WILL NOT AT ANY TIME PARTICIPATE IN OR HAVE ANY BEDS CERTIFIED FOR PARTICIPATION IN THE MEDICAID PROGRAM (SECTION 43-13-101 ET SEQ.), WILL NOT ADMIT OR KEEP ANY PATIENTS IN THE NURSING FACILITY WHO ARE PARTICIPATING IN THE MEDICAID PROGRAM, AND WILL NOT SUBMIT ANY CLAIM FOR MEDICAID REIMBURSEMENT FOR ANY PATIENT IN THE FACILITY. THIS WRITTEN AGREEMENT BY THE APPLICANT SHALL BE A CONDITION OF EXERCISING THE AUTHORITY UNDER THIS SUBSECTION WITHOUT A CERTIFICATE OF NEED, AND THE AGREEMENT SHALL BE FULLY BINDING ON ANY SUBSEQUENT OWNER OF THE NURSING FACILITY IF THE OWNERSHIP OF THE FACILITY IS TRANSFERRED AT ANY TIME AFTER THE AGREEMENT IS SIGNED. AFTER THE WRITTEN AGREEMENT IS SIGNED, THE DIVISION OF MEDICAID AND THE STATE DEPARTMENT OF HEALTH SHALL NOT CERTIFY ANY BEDS IN THE NURSING FACILITY FOR PARTICIPATION IN THE MEDICAID PROGRAM. IF THE NURSING FACILITY VIOLATES THE TERMS OF THE WRITTEN AGREEMENT BY PARTICIPATING IN THE MEDICAID PROGRAM, HAVING ANY BEDS CERTIFIED FOR PARTICIPATION IN THE MEDICAID PROGRAM, ADMITTING OR KEEPING ANY PATIENT IN THE FACILITY WHO IS PARTICIPATING IN THE MEDICAID PROGRAM, OR SUBMITTING ANY CLAIM FOR MEDICAID REIMBURSEMENT FOR ANY PATIENT IN THE FACILITY, THE STATE DEPARTMENT OF HEALTH SHALL REVOKE THE LICENSE OF THE NURSING FACILITY AT THE TIME THAT THE DEPARTMENT DETERMINES, AFTER A HEARING COMPLYING WITH DUE PROCESS, THAT THE FACILITY HAS VIOLATED THE TERMS OF THE WRITTEN AGREEMENT.
(C) FOR THE PURPOSES OF THIS SUBSECTION, PARTICIPATION IN THE MEDICAID PROGRAM INCLUDES MEDICAID REIMBURSEMENT OF COINSURANCE AND DEDUCTIBLES FOR RECIPIENTS WHO ARE QUALIFIED MEDICARE BENEFICIARIES AND/OR THOSE WHO ARE DUALLY ELIGIBLE. THE NURSING FACILITY CONSTRUCTED UNDER THE AUTHORITY OF THIS SUBSECTION MAY NOT BILL OR SUBMIT A CLAIM TO THE DIVISION OF MEDICAID FOR SERVICES TO QUALIFIED MEDICARE BENEFICIARIES AND/OR THOSE WHO ARE DUALLY ELIGIBLE.
(D) THE NEW CONSTRUCTION OF THE NURSING FACILITY DESCRIBED IN THIS SUBSECTION MUST BE CONSTRUCTED AS A PART OF THE EXISTING CONTINUING CARE RETIREMENT COMMUNITY AND AS AN ADDITION TO THE 110-BED PERSONAL CARE, ASSISTED LIVING AND ALZHEIMER’S COMPONENTS SO THAT THE COMPLETED PROJECT WILL BE A CONTINUING CARE RETIREMENT COMMUNITY CONTAINING (I) INDEPENDENT LIVING ACCOMMODATIONS, (II) PERSONAL CARE BEDS, (III) ALZHEIMER’S BEDS, (IV) ASSISTED LIVING BEDS, AND (V) THIRTY (30) NURSING FACILITY BEDS. ALL OF THE COMPONENTS MUST BE LOCATED ON A SINGLE SITE AND BE OPERATED AS ONE (1) INSEPARABLE FACILITY. THE NURSING FACILITY COMPONENT MUST CONTAIN A MINIMUM OF THIRTY (30) BEDS. ANY NURSING FACILITY BEDS AUTHORIZED BY THIS SUBSECTION WILL NOT BE COUNTED AGAINST THE BED NEED SET FORTH IN THE STATE HEALTH PLAN, AS IDENTIFIED IN SECTION 41-7-171 ET SEQ. …
Status:
01/19/2009 In House; Referred To Public Health and Human Services;Appropriations
02/03/2009 In House; Died In Committee
Sponsor Information:
Kevin McGee (R – Minority);
Committees: House Universities and Colleges; House Education; House Tourism; House Public Utilities; House Investigate State Offices; Serving Since 2008
Sponsor:
McGee
