Bill Summary – FastDemocracy

8157.01000
     Sixty-sixth
     Legislative Assembly                     HOUSE BILL NO. 1355
     of North Dakota
     Introduced by
       Representatives Kreidt, Bellew, Devlin, Meier, Rohr, Tveit
       Senators Anderson, O. Larsen, J. Lee
  A BILL for an Act to amend and reenact sections 23-09.3-01.1 and 23-16-01.1 of the North
  Dakota Century Code, relating to the moratorium on basic care and nursing facility bed capacity.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 23-09.3-01.1 of the North Dakota Century Code is
  amended and reenacted as follows:
      23-09.3-01.1. Moratorium on expansion of basic care bed capacity.
      1.   Basic care beds may not be added to the state's licensed bed capacity during the
           period between August 1, 20172019, and July 31, 20192021, except whenif:
           a.     A nursing facility converts nursing facility beds to basic care;
          b.     An entity licenses bed capacity transferred as basic care bed capacity under
                 section 23-16-01.1;
          c.     An entity demonstrates to the state department of health and the department of
                 human services that basic care services are not readily available within a
                 designated area of the state or that existing basic care beds within a fifty-mile
                 [80.47-kilometer] radius have been occupied at ninety percent or more for the
                 previous twelve months. In determining whether basic care services will be
                 readily available if an additional license is issued, preference may be given to an
                 entity that agrees to any participation program established by the department of
                 human services for individuals eligible for services under the medical assistance
                 program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]; or
          d.     The state department of health and the department of human services grant
                 approval of new basic care beds to an entity. The approved entity shall license
                 the beds within forty-eight months from the date of approval.
                                                Page No. 1                          19.8157.01000
     Sixty-sixth
     Legislative Assembly
      2.   Transfers of basic care beds from one basic care facility to another entity is permitted.
           Transferred basic care beds must become licensed within forty-eightseventy-two
           months of transfer. The entity receiving the transferred beds or any new facility may
           seek to participate in the basic care assistance program. If the entity can demonstrate
           that individuals can be cared for at a more independent level and that this service will
           delay entry into the nursing facility, the entity may be approved for basic care
           assistance funds.
      3.   If an Indian tribe acquires basic care beds, the tribal facility must meet state licensing
           requirements for those beds within forty-eightseventy-two months of acquisition. A
          tribal facility may seek to participate in the basic care assistance program. Basic care
          assistance payments may only be made to a tribal facility that agrees to participate
          and adhere to all federal and state requirements of the basic care assistance program
          including participation, screening, ratesetting, and licensing requirements.
    SECTION 2. AMENDMENT. Section 23-16-01.1 of the North Dakota Century Code is
 amended and reenacted as follows:
    23-16-01.1. Moratorium on expansion of long-term care bed capacity.
     1.   Notwithstanding sections 23-16-06 and 23-16-10, except when a facility reverts basic
          care beds to nursing facility beds or relicenses nursing facility beds delicensed after
          July 31, 2011, nursing facility beds may not be added to the state's licensed bed
          capacity during the period between August 1, 20172019, and July 31, 20192021. A
          nursing facility may not delicense nursing facility bed capacity, relicense nursing facility
          bed capacity, convert licensed nursing bed capacity to basic care bed capacity, revert
          licensed basic care bed capacity back to nursing facility bed capacity, or otherwise
          reconfigure licensed nursing facility bed capacity more than one time in a
          twelve-month period.
     2.   Transfer of licensed nursing facility bed capacity from a nursing facility to another
          entity is permitted. The nursing facility may transfer the bed capacity either as nursing
          facility bed capacity or basic care bed capacity. Transferred bed capacity must
          become licensed by an entity within forty-eightseventy-two months of transfer. Bed
          capacity transferred as basic care bed capacity may not be reverted to nursing facility
          bed capacity at any time. A receiving entity may transfer the received bed capacity to
                                               Page No. 2                         19.8157.01000
     Sixty-sixth
     Legislative Assembly
           another entity within the forty-eight-monthseventy-two-month period originally
           established at the time the nursing facility first transferred the licensed nursing facility
           bed capacity. The subsequent receiving entity must license the received bed capacity
           within the forty-eight-month period originally established at the time of the first transfer.
      3.   A nursing facility may convert licensed nursing facility bed capacity to basic care. If the
           converted beds remain in the same facility and are not transferred, the beds may
           revert to nursing facility status after one year of licensure as basic care beds.
      4.   Nursing facility beds that are converted to basic care may be transferred as basic care
           beds. However, upon the transfer, the basic care beds may not be relicensed as
          nursing facility beds.
     5.   If an Indian tribe acquires nursing facility beds, the tribal facility must meet state
          licensing requirements for those beds within forty-eightseventy-two months of
          acquisition. A tribal facility may seek to participate in the medical assistance programs.
          Medical assistance payments may only be made to a Medicaid certified tribal facility
          that agrees to participate and adhere to all federal and state requirements of the
          medical assistance program, including participation, screening, ratesetting, and
          licensing requirements.
     6.   A nursing facility, upon prior written notice to the state department of health, may
          delicense a maximum of twenty-five percent of its licensed nursing facility bed capacity
          and have the delicensed nursing facility held for a period of twenty-fourforty-eight
          months. The total delicensed nursing facility bed capacity that may be held for a
          nursing facility at no time may be greater than fifty percent of the number of currently
          licensed beds in the nursing facility. Delicensed nursing facility bed capacity in excess
          of fifty percent of the nursing facility's licensed capacity may not be held and is not
          eligible for the provisions of subsection 7. Delicensed bed capacity not sold or
          relicensed at the conclusion of the twenty-four-month holding period ceases to exist.
     7.   During the twenty-four-monthforty-eight-month holding period established at the time
          of delicensure, delicensed nursing facility bed capacity that is being held for the
          nursing facility may be:
          a.   Relicensed by the nursing facility. Relicensing of nursing facility bed capacity may
               not occur for twelve months from the time of delicensure.
                                               Page No. 3                           19.8157.01000
     Sixty-sixth
     Legislative Assembly
           b.   Transferred to another entity as nursing facility bed capacity or basic care bed
                capacity. The receiving entity must license the transferred bed capacity as the
                type of bed capacity transferred within the forty-eight-montha seventy-two-month
                period originally established at the time of delicensuretransfer. Bed capacity
                transferred as basic care bed capacity may not be reverted to nursing facility bed
                capacity at any time. A receiving entity may transfer the received bed capacity to
                another entity within the forty-eight-monthseventy-two-month period originally
                established at the time of delicensuretransfer. The subsequent receiving entity
                must license the received bed capacity within the forty-eight-monthseventy-two-
               month period originally established at the time of delicensuretransfer.
          c.   Licensed as basic care beds by the same facility. If the licensed basic care beds
               remain in the same facility and are not transferred, the beds may be reverted to
               licensed nursing facility bed capacity after twelve months.
     8.   Notwithstanding any other provision of this section, a nursing facility bed transferred
          before July 1, 2019, must be relicensed by the receiving entity within a seventy-two-
          month period established at the time of transfer.
                                              Page No. 4                         19.8157.01000
Statutes affected: 
INTRODUCED: 23-09.3-01.1, 23-16-01.1
FIRST ENGROSSMENT: 23-09.3-01.1, 23-16-01.1
Enrollment: 23-09.3-01.1, 23-16-01.1