Sec. 17b-351. (Formerly Sec. 19a-155a). Nursing homes. Increased bed capacity. Capital construction project.
Sec. 17b-351. (Formerly Sec. 19a-155a). Nursing homes. Increased bed capacity. Capital construction project. (a) Notwithstanding the provisions of sections 17b-8 or 17b-9, any nursing home participating in the Title XVIII and Title XIX programs
may, on a one-time basis, increase its licensed bed capacity and implement a capital
construction project to accomplish such an increase without being required to request
or obtain approval of the increase in services, licensed bed capacity or the capital expenditures program from the Department of Social Services provided that the project (1)
shall not require licensure by the Department of Public Health of more than ten additional
nursing home beds, and (2) the total capital cost of said program shall not exceed thirty
thousand dollars per bed, adjusted for inflation annually by said department.
(b) The General Assembly finds evidence of insufficient need for all the nursing
home beds permitted pursuant to subsection (a) of this section, but not licensed by the
Department of Public Health and finds allowing unnecessary beds to be licensed will
result in severely damaging economic consequences to the state and to consumers. An
addition of beds initiated pursuant to this section shall be licensed no later than June 9,
1993. A facility which has initiated the addition of beds but has not obtained licensure
of such beds, may, no later than July 15, 1993, apply to the Office of Health Care Access
for authorization to proceed with completion of the additional beds and application
for licensure, provided (A) plans for the additional beds have been approved by the
Department of Public Health pursuant to section 19-13-D-8t(v)(4) of the Public Health
Code no later than June 1, 1993, and (B) twenty-five per cent of estimated project costs
have been expended no later than June 9, 1993, provided project costs may not exceed
thirty-one thousand two hundred eleven dollars per bed. The office shall issue a decision
on such application within forty-five days of receipt of documentation necessary to
determine expended project costs. Evidence of project costs expended shall be submitted
in the form of a report prepared by a certified public accountant having no affiliation
with the owner of the facility or the developer of the project. The owner of a facility for
which completion of additional beds is not so authorized may apply to the Commissioner
of Social Services for compensation on or after June 29, 1993, but no later than September 1, 1993, provided plans for the additional beds have been approved by the Department of Public Health no later than June 1, 1993. Such compensation shall be limited
to actual verifiable losses which directly result from the failure to gain authorization
pursuant to this subsection and which cannot be otherwise recouped through the mitigating efforts of the owner, excluding consequential and incidental losses such as lost
profits. In no event may such compensation exceed project costs. An owner aggrieved
by the amount of compensation determined by the commissioner may request a hearing
in accordance with the provisions of sections 17b-60 and 17b-61.
(P.A. 89-325, S. 3, 26; P.A. 93-262, S. 1, 19, 87; 93-381, S. 9, 39; 93-406, S. 2, 6; 93-435, S. 59, 95; P.A. 95-257, S.
12, 21, 39, 58; P.A. 98-150, S. 12, 17; P.A. 04-76, S. 53; P.A. 08-14, S. 7.)
History: P.A. 93-262 and P.A. 93-435 replaced commission on hospitals and health care and commissioner of income
maintenance with commissioner of social services and made technical changes, effective July 1, 1993; P.A. 93-381 and
P.A. 93-435 replaced department of health services with department of public health and addiction services, effective July
1, 1993; P.A. 93-406 added Subsec. (b) re deadline for licensure of additional beds, effective June 29, 1993; Sec. 19a-155a transferred to Sec. 17b-351 in 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health and replaced Commission on Hospitals and
Health Care with Office of Health Care Access, effective July 1, 1995; P.A. 98-150 made a technical correction to Subsec.
(b) re reference to Sec. 19a-638, effective June 5, 1998; P.A. 04-76 amended Subsec. (a) by deleting reference to Sec. 17b-7 that was repealed by the same act and by making a technical change; P.A. 08-14 amended Subsec. (b) by deleting provision
that exempted construction projects that included additional beds pursuant to Sec. 19a-638(f)(4), effective July 1, 2008.
Cited. 235 C. 128.