CHAPTER 271
HB 113 – FINAL VERSION
12Feb2009… 0097h
05/27/09 1692s
2009 SESSION
01/09
HOUSE BILL 113
AN ACT extending the moratorium on nursing home beds and rehabilitation beds.
SPONSORS: Rep. Wendelboe, Belk 1
COMMITTEE: Health, Human Services and Elderly Affairs
This bill extends the moratorium on nursing home beds and rehabilitation beds until June 30, 2012.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Feb2009… 0097h
05/27/09 1692s
09-0513
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT extending the moratorium on nursing home beds and rehabilitation beds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
271:1 Certificate of Need; Nursing Home Beds; Rehabilitation Beds; Moratorium Extended. Amend RSA 151-C:4, III(a) to read as follows:
III.(a) No new certificate of need shall be granted by the board for any nursing home, skilled nursing facility, intermediate care facility, or rehabilitation facility from the effective date of chapter 310, laws of 1995, department of health and human services reorganization act, through the period ending June 30, [2009,] 2012. This moratorium shall also apply to new certificates of need regarding any rehabilitation bed in any type of facility, including rehabilitation hospitals and facilities offering comprehensive rehabilitation services. However, [except that] a certificate of need shall be issued for replacement or renovation of existing beds as necessary to meet life safety code requirements or to remedy deficiencies noted in a licensing inspection pursuant to RSA 151 or state survey and certification process pursuant to titles XVIII and XIX of the Social Security Act. In addition, a certificate of need may be issued for construction or renovation as necessary to repair or refurbish an existing facility, or to accommodate additional beds obtained by transfer to an existing facility. In the case of repair, refurbishment, or transferred beds, the resulting costs in excess of the current capital expenditure threshold as adjusted for inflation pursuant to RSA 151-C:5, II(f)(1) shall not be reflected in any state Medicaid rate. Any application for a certificate of need under this subparagraph shall indicate whether it is for a life safety code requirement or to remedy deficiencies noted in a licensing inspection or whether it is for repair or refurbishment of an existing facility or for transferred beds. If the application is approved, it shall be deemed that the board has agreed with the indicated reason for such application.
271:2 Effective Date. This act shall take effect upon its passage.
Approved: July 29, 2009
Effective Date: July 29, 2009