It is enacted by the General Assembly as follows
SECTION 1. Section 23-17-44 of the General Laws in Chapter 23-17 entitled "Licensing of Health Care Facilities" is hereby amended to read as follows:
23-17-44. Moratorium on new initial nursing facility licensed
beds and on increases to the licensed capacity of existing nursing
facility licenses. -- (1) The licensing agency shall issue no new
initial licenses for nursing facilities prior to {DEL January 1, 1998; DEL}
{ADD July 1, 1999; ADD} provided, however, that: (a) any person holding a
previously issued and valid certificate of need as of the date of
passage of this section shall be permitted to effect such prior
certificate from the licensing agency consistent with such other
statutory and regulatory provisions which may further apply; (b) any
person holding a nursing facility license may undertake activities to
construct and operate a replacement nursing facility with the same or
lower bed capacity as is presently licensed provided that such
replacement facility may only be licensed upon the otherwise
unconditional cessation of operation of the previously licensed
nursing facility; and (c) any certificate of need application under
active review before the state agency as of January 10, 1996 which
application seeks approval of a proposal to establish a new nursing
facility or seeks to increase the licensed bed capacity of an existing
nursing facility shall continue to be reviewed under all the statutory
and regulatory requirements in effect at the time such application was
accepted for review by the state agency.
(2) The licensing agency shall not increase the licensed bed
capacity of any existing licensed nursing facility, including any
nursing facility approved for change in ownership pursuant to section
23-17-14 herein, except for the greater of ten (10) beds or ten
percent (10%) of the facility's licensed capacity prior to {DEL January
1, 1998; DEL} {ADD July 1, 1999; ADD} provided, however, that any person
holding a previously issued and valid certificate of need as of the
date of passage of this section or who shall subsequently be granted a
certificate of need pursuant to subsection (1) above shall be
permitted to effect such prior certificate from the licensing agency
consistent with such other statutory and regulatory provisions which
may further apply.
SECTION 2. This act shall take effect upon passage.
