- Introduced -

SB 1029 - This act modifies the certificate of need law.

Current law imposes a moratorium on the issuance of a certificate of need (CON) for certain facilities. This act deletes the expiration of the moratorium on beds, set for January 1, 2003 (Section 197.317).

Currently certain facilities are exempted from CON. The provision removing the expenditure minimum for certain facilities is deleted. The time limits are changed from eighteen to twelve months for facilities to make an effort to purchase beds before applying to increase licensed bed capacity. The Missouri Health Facilities Review Committee must issue a CON to a licensed facility to purchase beds from another licensed facility and relocate them to the location of their choice. The term "effort to purchase" is revised to mean an offer to purchase beds in the same license category or an offer to purchase beds in another licensure category up to ten percent of the offeror's total licensed beds. Language is removed allowing the Committee to only issue a CON upon surrender of a seller's license. Expansions will be allowed as follows:

- Facilities with more than forty beds may expand within the same licensure category by no more than thirty beds or may expand within a different capacity by ten percent.

- Facilities with less than forty beds may expand within or outside the same licensure category by no more than ten beds.

Provisions regarding beds purchased and remaining unlicensed are deleted. New language allows a multi-unit housing with services facility to purchase beds up to ten percent of its current bed total. Such facilities must submit a plan to the Division of Health Standards and Licensure and receive a temporary license, then must work with the Health Facilities Review Committee to identify a seller, and then apply for licensure of the purchased beds.

Current law allows residential care facilities (RCF)to relocate beds to mutually-owned and licensed facilities. This act provides for skilled nursing facilities (SNF) to do the same and removes the requirement that the facilities be within six miles of each other. Language is also removed which allows facilities to replace beds under certain circumstances. New language allows RCFs I & II and SNFs to obtain joint licensure and keep the same number of beds (Section 197.318).

Currently long term care facilities may obtain licensure for a maximum of two years. This act changes the maximum period to fifteen months.

Currently, the Department of Health and Senior Services must inspect long term care facilities twice per year. This act lowers that number to one unannounced inspection per year, unless violations occur (Section 198.022).

ERIN MOTLEY