Section 197.317

Title XII PUBLIC HEALTH AND WELFARE

Chapter 197

Effective - 01 Jul 1999, 2 histories, see footnote   (history) 

  *197.317.  Certificate not to be issued for certain facilities — utilization of demographic data. — 1. After July 1, 1983, no certificate of need shall be issued for the following:

  (1) Additional residential care facility, assisted living facility, intermediate care facility or skilled nursing facility beds above the number then licensed by this state;

  (2) Beds in a licensed hospital to be reallocated on a temporary or permanent basis to nursing care or beds in a long-term care hospital meeting the requirements described in 42 CFR, Section 412.23(e), excepting those which are not subject to a certificate of need pursuant to paragraphs (e) and (g) of subdivision (10) of section 197.305; nor

  (3) The reallocation of intermediate care facility or skilled nursing facility beds of existing licensed beds by transfer or sale of licensed beds between a hospital licensed pursuant to this chapter or a nursing care facility licensed pursuant to chapter 198, RSMo; except for beds in counties in which there is no existing nursing care facility. No certificate of need shall be issued for the reallocation of existing residential care facility or assisted living facility, or intermediate care facilities operated exclusively for the mentally retarded to intermediate care or skilled nursing facilities or beds. However, after January 1, 2003, nothing in this section shall prohibit the Missouri health facilities review committee from issuing a certificate of need for additional beds in existing health care facilities or for new beds in new health care facilities or for the reallocation of licensed beds, provided that no construction shall begin prior to January 1, 2004. The provisions of subsections 16 and 17 of section 197.315 shall apply to the provisions of this section.

  2. The health facilities review committee shall utilize demographic data from the office of social and economic data analysis, or its successor organization, at the University of Missouri as their source of information in considering applications for new institutional long-term care facilities.

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(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 7-1-99

*Reprinted due to editorial change required by § 198.005