05 LC 33
0771
Senate
Bill 242
By: Senators Hudgens of the 47th, Rogers of the 21st, Heath of the 31st and Chance of the 16th
By: Senators Hudgens of the 47th, Rogers of the 21st, Heath of the 31st and Chance of the 16th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia
Annotated, relating to the certificate of need program, so as to provide for an
exemption from the certificate of need requirements for the voluntarily
relocation of a health care facility under certain conditions; to provide for an
exemption from the certificate of need requirements for the relocation, repair,
or replacement of a health care facility that is damaged, destroyed, or rendered
inoperable under certain conditions; to provide for related matters; to provide
for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating
to the certificate of need program, is amended in Code Section 31_6_47, relating
to exemptions from the chapter, by striking paragraphs (15) and (16) of
subsection (a) and inserting in their respective places place the
following:
"(15)
Increases in the bed capacity of a hospital up to ten beds or 10 percent of
capacity, whichever is less, in any consecutive two_year period, in a hospital
that has maintained an overall occupancy rate greater than 85 percent for the
previous 12 month period;
and
(16)
Capital expenditures for a project otherwise requiring a certificate of need if
those expenditures are for a project to remodel, renovate, replace, or any
combination thereof, a medical_surgical hospital and:
(A)
That hospital:
(i)
Has a bed capacity of not more than 50 beds;
(ii)
Is located in a county in which no other medical_surgical hospital is
located;
(iii)
Has at any time been designated as a disproportionate share hospital by the
Department of Community Health; and
(iv)
Has at least 45 percent of its patient revenues derived from medicare, Medicaid,
or any combination thereof, for the immediately preceding three years;
and
(B)
That project:
(i)
Does not result in any of the following:
(I)
The offering of any new clinical health services;
(II)
Any increase in bed capacity;
(III)
Any redistribution of existing beds among existing clinical health services;
or
(IV)
Any increase in capacity of existing clinical health services;
(ii)
Has at least 80 percent of its capital expenditures financed by the proceeds of
a special purpose county sales and use tax imposed pursuant to Article 3 of
Chapter 8 of Title 48; and
(iii)
Is located within a three_mile radius of and within the same county as the
hospital´s existing
facility.;
(17)
Capital expenditures for a project otherwise requiring a certificate of need if
those expenditures are for a project to voluntarily relocate a health care
facility to another site if:
(A)
The health care facility will not offer any new clinical health services at the
new site which it was not otherwise authorized to provide at the previous
site;
(B)
The health care facility will not increase the licensed capacity of its existing
clinical health services unless it was otherwise authorized to do so, if the
operation of the health care facility requires a license from the Department of
Human Resources;
(C)
The health care facility has not previously voluntarily relocated within the
five_year period immediately prior to the current relocation unless such
relocation was either subject to a certificate of need program or otherwise
permitted by law; and
(D)
The new site is within the same health planning area as the health care
facility´s previous site; and
(18)
Capital expenditures for a project otherwise requiring a certificate of need if
those expenditures are for a project to relocate, repair, or replace a health
care facility on the same site or on a new site if:
(A)
The health care facility was damaged, destroyed, or rendered substantially
inoperable as a result of casualty, eminent domain, or any other cause beyond
the reasonable control of the health care facility;
(B)
The health care facility will not offer any new clinical health services which
it was not otherwise authorized to provide;
(C)
The health care facility will not increase the licensed capacity of its existing
clinical health services unless it was otherwise authorized to do so, if the
operation of the health care facility requires a license from the Department of
Human Resources; and
(D)
The new site, if applicable, is within the same health planning area as the
health care facility´s previous
site."
SECTION
2.
This
Act shall become effective on July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.