197.317. Certificate not to be issued for certain facilities--utilization of demographic data.
Certificate not to be issued for certain facilities--utilization ofdemographic data.
197.317. 1. After July 1, 1983, no certificate of need shall be issuedfor the following:
(1) Additional residential care facility, assisted living facility,intermediate care facility or skilled nursing facility beds above the numberthen licensed by this state;
(2) Beds in a licensed hospital to be reallocated on a temporary orpermanent basis to nursing care or beds in a long-term care hospital meetingthe requirements described in 42 CFR, Section 412.23(e), excepting those whichare not subject to a certificate of need pursuant to paragraphs (e) and (g) ofsubdivision (10) of section 197.305; nor
(3) The reallocation of intermediate care facility or skilled nursingfacility beds of existing licensed beds by transfer or sale of licensed bedsbetween a hospital licensed pursuant to this chapter or a nursing carefacility licensed pursuant to chapter 198, RSMo; except for beds in countiesin which there is no existing nursing care facility. No certificate of needshall be issued for the reallocation of existing residential care facility orassisted living facility, or intermediate care facilities operated exclusivelyfor the mentally retarded to intermediate care or skilled nursing facilitiesor beds. However, after January 1, 2003, nothing in this section shallprohibit the Missouri health facilities review committee from issuing acertificate of need for additional beds in existing health care facilities orfor new beds in new health care facilities or for the reallocation of licensedbeds, provided that no construction shall begin prior to January 1, 2004. Theprovisions of subsections 16 and 17 of section 197.315 shall apply to theprovisions of this section.
2. The health facilities review committee shall utilize demographic datafrom the office of social and economic data analysis, or its successororganization, at the University of Missouri as their source of information inconsidering applications for new institutional long-term care facilities.
(L. 1986 S.B. 553 & 775 § 5, A.L. 1987 S.B. 1, A.L. 1990 H.B. 1725, A.L. 1994 H.B. 1408, A.L. 1996 H.B. 1362, A.L. 1999 S.B. 326)Effective 7-01-99
*Reprinted due to editorial change required by § 198.005.