410-1-5A-.01. Exemption From Certificate Of Need Review

(1) An increase in the bed capacity of a licensed skilled or intermediate care nursing facility shall be exempt from certificate of need review provided: (a) the increase does not exceed ten percent (10%) of the total nursing home beds of the applying facility, rounded to the nearest whole number, or ten beds, whichever is greater; and (b) the average rate of occupancy of the applying facility is ninety-five percent (95%) or greater during the 24-month period ending on June 30th of the year immediately preceding the application for exemption; and (c) the aggregate average rate of occupancy for all other skilled and intermediate care nursing home facilities situated in the same county as the applicant is ninety-five percent (95%) or greater during the 24-month period ending on June 30th of the year immediately preceding the application for exemption; and (d) the increase does not require capital expenditures exceeding the capital spending thresholds prescribed in 22-21-263(a)(2), or result in the addition of a new health service or result in the conversion of beds; and (e) the facility has not been granted an increase in beds under this exemption within the 24-month period immediately preceding the application; and (f) the applying facility is not an intermediate care facility designated ICF-MR by the State Board of Health and operated by the Department of Mental Health; and (g) the executive director of the state agency approves the exemption after receipt of the proper application.