Does the Arkansas Department of Veteran Affairs require a certificate of need before it converts its veterans home to a seventy bed nursing home and a fifty-five bed domiciliary facility? If so, must the certificate be obtained prior to contracting for the conversion of the facility? 20-8-101 et s

cm a | 7 . 4 | al STATE OF ARKANSAS * | QD 6-14-Ib OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVECLARK = . a / (501) 371-2007 ATTORNEYGENERAL . 19 “QBINION NO. 86-187 “May 13,°1986 se -Grady L. Brown, Director ; ‘Department of Veterans Affairs 1200 West Third, Room 105 Little Rock, AR 72201 ‘ ‘ Dear Mr. Brown: “This Office is in receipt of your letter requesting assistance from the Office of the Attorney General and an opinion as to the following: os ° py ee 3 - Does. the Arkansas. Department of Veteran Affairs a a 7 _ require a Certificate of Need before we convert our. — . ° » Veterans Home to a 70-bed nursing home and 55- bed ~ .- “1 domiciliary facility? _ : ae: If a Certificate of Need is required, must we have — ‘the- Certificate of Need in hand before we negotiate a ‘contract for the Proposed conversion of our. facility? °° “As background information: you have included excerpts. from the~ ‘following: : ae 2-0f “Act 578 of ‘the. ‘78th - General ‘Assembly of oes roviding $300, 150,00 for major maintenance,* “renovation, : ‘repair and equipment for the Arkansas Veterans’ Home (the ‘$300,150 amount was. appropriated to convert your =" intermediate care nursing home: and 55> ‘bed domes tary: facility); a ae ote, oe PS Act: 432° o£ the ‘75th General ‘Assembly of ‘1985 ‘(codified i, aS” Ark. Stat. Ann. §11-1415), amending §6.0f Act 324 -0f _-1979 to: require | the Department: of Veterans Affairs Grady L. Brown, Director ; Department of Veterans Affairs = May 13, 1986 Page 2 Guidelines for Admission to the Arkansas Veterans Home to conform to Federal requirements necessary to qualify the Arkansas Veterans Home as a nursing home and domiciliary for veterans; a Appropriation Act.175 of the 75th General Assembly of ' 1985 providing additional personnel and operating expenses for a 70-bed nursing home and 55-bed domiciliary. at the Veterans Home; © Section §5 of Act 558 of 1975 (codified as “Ark. Stat. Ann. §82-2306), which states: - (a) The State Health Planning and Development Agency, with the advice, consent and approval of the Statewide Health Coordinating Council is hereby | . authorized-and directed to implement the below - — described Certificate of Need Program in this State. . . (b) Prior to the construction, ‘expansion, or me ok -alteration of any hospital or medical facility «© |. =. Na a increasing bed capacity, or adding major new rar ~ ' |’ + + facilities or categories of service or changing :.. = oo " - License classifications, a Certificate of Need -.:°. | - shall’ be obtained from the State Health Planning. . and Development Agency. te) “Projects requiring approval shall. not. ‘be clinstituted or:commenced after the effective date of — this Act except upon application for and receipt of . _ 8 ,Gertificate of Need as Provided | herein. (4): After: the ‘effective ‘date of this ‘Act, no | * license: shail be issued or renewed for any. : ve “ “hospital, nursing home or related institution which: ‘“has been constructed, expanded or altered-in a° 7 . ‘manner subject to this Act, unless a Certificate of -. » :-.Need has first been issued therefor pursuant | toe ceo this, section, | Ds Based’ ‘upon an ‘examination of the applicable: statutes and ‘the _ background information which you. have provided, ‘this Office..’. AS of the “opinion | that. a. Certificate. of Need. would be ee Grady L. Brown, Director \ Department of Veterans Affairs May 13, 1986 Page 3 ~“ required prior to the operation of a 70-bed nursing home. With respect to your second question, there is no prohibition for the negotiation of a contract; however, since a Certificate of Need is required for-operation it would appear that it would be advisable to obtain such a ‘certificate prior to obligating the Department. The foregoing opinion, which I hereby approve, was prepared by Special Assistant Attorney General George A. Harper. Sincerely, = oo ' STEVE CLARK Attorney General