Prior to 2006, the total number of beds in private for-profit and private not-for-profit intermediate care facilities for persons with mental retardation (ICF/MR) facilities was capped at 668. Beginning in 2006, the total number of beds was scheduled to increase by 40 beds per year over a four-year period, resulting in a maximum of 828 beds by 2009. The new beds were to be initially filled by persons exiting the developmental centers, and upon the death or discharge of the person who exited the developmental center, the bed may be filled by individuals currently enrolled in one of the home and community based services (HCBS) waivers for individuals with intellectual disabilities or the waiting list for individuals with intellectual disabilities, subject to the individual's freedom of choice and pursuant to a process established and administered by the department of intellectual and developmental disabilities (DIDD) in order to ensure that such placement is the most integrated and cost-effective setting appropriate. Present law authorizes providers to refuse persons based on needs compatibility with the total mix of persons in the facility. If fewer than four persons transitioning from a developmental center as part of the developmental center closure have selected a provider, the remaining beds necessary to establish the four-person home may be filled by individuals currently enrolled in one of the HCBS waivers for individuals with intellectual disabilities or the waiting list for individuals with intellectual disabilities, subject to the individual's freedom of choice and pursuant to a process established and administered by DIDD in order to ensure that such placement is the most integrated and cost-effective setting appropriate.
This bill replaces the ICF/MR 828-bed limit with an 804-bed limit for private for-profit and private not-for-profit intermediate care facilities for individuals with intellectual disabilities (ICF/IID). Under this bill, an ICF/IID bed may be filled only upon completion of a community-informed choice process established and administered by DIDD in order to ensure that such placement is the most integrated and cost-effective setting appropriate and subject to the individual's freedom of choice. Providers will remain authorized to refuse persons based on needs compatibility considering the total mix of persons in the facility.
Under this bill, the ICF/IID bed limit will be permanently reduced upon voluntary surrender of a certificate of need for the specified number of ICF/IID beds by the owner.
ON MARCH 16, 2023, THE SENATE ADOPTED AMENDMENT #2 AND PASSED SENATE BILL 267, AS AMENDED.
AMENDMENT #2 makes the following changes to this bill:
(1) Revises the provisions in this bill discussing the number of beds to provide, instead, that the total number of beds in private for-profit and private not-for-profit intermediate care facilities for individuals with intellectual disabilities (ICF/IID) must not be less than 696 absent a reduction in the occupancy rate to 80 percent or less of the statewide available occupancy as determined annually by the comptroller of the treasury, and must not exceed a total maximum number of 804 upon the voluntary surrender by the certificate of need providers;
(2) Authorizes the beds to be transferred from one provider to another, instead of only from one location to another; and
(3) Requires the department of intellectual and developmental disabilities to demonstrate a commitment to do the following:
(A) Assisting providers who chose to transition a current site from ICF/IID services to home and community-based services (HCBS) in achieving compliance with the HCBS settings rules; and
(B) Ensuring the individual's freedom of choice and ensure that each eligible service recipient is fully informed of all services available to the recipient, including community ICF/IID facilities and the specialized services the facilities provide.
ON APRIL 10, 2023, THE HOUSE SUBSTITUTED SENATE BILL 267 FOR HOUSE BILL 315, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 267, AS AMENDED.
AMENDMENT #1 incorporates the changes made by Senate Amendment 2 but requires the department of intellectual and developmental disabilities to use the data from cost reports submitted by providers to the comptroller of the treasury in order to determine the statewide available occupancy, instead of requiring the comptroller to make the determination.

Statutes affected:
Introduced: 71-5-105(b), 71-5-105