32.1-102.3:1 - Application for certificate not required of certain nursing facilities or nursing homes
§ 32.1-102.3:1. Application for certificate not required of certain nursingfacilities or nursing homes.
An application for a certificate that there exists a public need for aproposed project shall not be required for nursing facilities or nursinghomes affiliated with facilities which, on January 1, 1982, and thereafter,meet all of the following criteria:
1. A facility which is operated as a nonprofit institution.
2. A facility which is licensed jointly by the Department as a nursingfacility or nursing home and by the Department of Social Services as anassisted living facility.
3. A facility which observes the following restrictions on admissions:
a. Admissions are only allowed pursuant to the terms of a "life carecontract" guaranteeing that the full complement of services offered by thefacility is available to the resident as and when needed;
b. Admissions to the assisted living facility unit are restricted toindividuals defined as ambulatory by the Department of Social Services;
c. Admissions to the nursing facility or nursing home unit are restricted tothose individuals who are residents of the assisted living facility unit.
4. A facility in which no resident receives federal or state publicassistance funds during an open admissions period. However, a facility inPlanning District 8 may apply for certification under the Medical AssistanceProgram in accordance with § 32.1-102.3:1.1 when an open admissions periodhas expired or when a facility agrees to voluntarily discontinue its openadmissions period.
For the purposes of this section, "open admissions period" means a timeduring which a facility may take admissions directly into its nursing homebeds without the signing of a standard contract.
(1982, c. 659; 1993, cc. 957, 993; 2008, c. 857; 2009, c. 175.)