Citations Affected:
IC 12-15-14
;
IC 16-18-2
;
IC 16-29-1.1.
Synopsis: Health facility bed bank. Authorizes a health facility to
reduce the number of its comprehensive care beds by "banking" any
number of its comprehensive care beds for a period not to exceed four
years. Defines "banking" as the termination of the use of a health
facility bed as a comprehensive care bed. Requires the office of
Medicaid policy and planning to recalculate a nursing facility's
Medicaid reimbursement rate if the facility: (1) banks comprehensive
care beds; or (2) converts banked beds back to comprehensive care
beds. Provides guidelines for recalculating the nursing facility's rate.
Provides guidelines for banking comprehensive care beds and for
converting banked beds back to comprehensive care beds. Requires the
state department of health to modify: (1) the license of a facility that
banks comprehensive care beds; and (2) the license of a facility that
converts banked beds back to comprehensive care beds. Requires the
state department of health to ensure that a facility that has banked beds
does not use the beds for comprehensive care purposes. Provides that
if a facility fails to convert a banked bed back to a comprehensive care
bed within four years of banking the bed, the facility is permanently
barred from using the banked bed as a comprehensive care bed.
Provides that, with certain exceptions, comprehensive care beds may
not be added or constructed. Provides that certain residential beds,
unlicensed beds, and acute care beds may not be converted to
comprehensive care beds.
Effective: July 1, 2000.
January 11, 2000, read first time and referred to Committee on Health and Provider
Services.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
SECTION 1.
IC 12-15-14-6
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 6. (a) The office shall recalculate the Medicaid
reimbursement rate of a nursing facility if the nursing facility:
(1) banks beds under
IC 16-29-1.1-4
; and
(2) requests a recalculation in writing.
(b) In recalculating a nursing facility's reimbursement rate
under subsection (a), the office shall use the reduced number of
beds to determine all occupancy calculations in the reimbursement
rate.
(c) A nursing facility's new reimbursement rate is effective on
the first day of the month after the nursing facility provides notice
to the office under
IC 16-29-1.1-4.
SECTION 2.
IC 12-15-14-7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2000]: Sec. 7. (a) The office shall recalculate the Medicaid
reimbursement rate of a nursing facility if the nursing facility:
(1) converts banked beds back to comprehensive care beds as
provided in
IC 16-29-1.1-7
; and
(2) requests a recalculation in writing.
(b) In recalculating a nursing facility's reimbursement rate
under subsection (a), the office shall use the increased number of
beds to determine all occupancy calculations in the reimbursement
rate.
(c) A nursing facility's new reimbursement rate is effective on
the first day of the month after the nursing facility provides notice
to the office under
IC 16-29-1.1-7.
SECTION 3. IC
16-18-2-33
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 33. (a) "Bank", for
purposes of IC 16-29-1.1, has the meaning set forth in
IC 16-29-1.1-1.
(b) "Bank", for purposes of IC
16-41-12
, has the meaning set forth
in IC
16-41-12-2
.
SECTION 4.
IC 16-18-2-67
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 67. (a) "Comprehensive
care bed", for purposes of
IC 16-29-1
, has the meaning set forth in
IC 16-29-1-1.
(b) "Comprehensive care bed", for purposes of
IC 16-29-1.1
, has
the meaning set forth in
IC 16-29-1.1-2.
(c) "Comprehensive care bed", for purposes of
IC 16-29-2
, has the
meaning set forth in
IC 16-29-2-1.
SECTION 5.
IC 16-18-2-122
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 122. (a) "Facility", for
purposes of
IC 16-29-1.1
, has the meaning set forth in
IC 16-29-1.1-3.
(b) "Facility", for purposes of
IC 16-41-11
, has the meaning set forth
in
IC 16-41-11-2.
SECTION 6.
IC 16-29-1.1
IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]:
Chapter 1.1. Health Facility Bed Bank
Sec. 1. As used in this chapter, "bank" means to terminate the
use of one (1) or more of a facility's beds as comprehensive care
beds as provided in section 4 of this chapter.
Sec. 2. (a) As used in this chapter, "comprehensive care bed"
means a bed that:
(1) is or may be licensed as a comprehensive care bed under
IC 16-28-2
;
(2) functions as if the bed were a comprehensive care bed
licensed under
IC 16-28-2
; or
(3) is subject to IC 16-28 as if the bed were a comprehensive
care bed licensed under IC 16-28.
(b) The term does not include a comprehensive care bed that is
used solely to provide specialized services and that is subject to
IC 16-29-2.
Sec. 3. As used in this chapter, "facility" means a health facility
or that part of a hospital that provides long term care services and
functions as a health facility.
Sec. 4. (a) A facility may reduce the number of its
comprehensive care beds by banking any number of its
comprehensive care beds for a period not to exceed four (4) years,
as described in section 7(c) of this chapter.
(b) To bank a comprehensive care bed, the facility must do the
following:
(1) Provide notice to the state department so that the state
department can reduce the number of comprehensive care
beds available for use by the facility.
(2) If the facility desires a Medicaid reimbursement rate
recalculation, provide notice to the office of Medicaid policy
and planning so that the office may recalculate the facility's
Medicaid reimbursement rate.
(3) Not use the bed for comprehensive care purposes for the
time that the bed is banked.
Sec. 5. (a) The state department shall modify the license of a
facility that banks beds under section 4 of this chapter by reducing
the number of comprehensive care beds for which the facility is
licensed.
(b) The state department shall ensure that a facility that banks
beds under section 4 of this chapter does not use the beds for
comprehensive care purposes for the time that the bed is banked.
Sec. 6. (a) A facility may purchase banked beds from another
facility.
(b) Construction that is necessary to add or convert beds
purchased under subsection (a) does not violate section 9 of this
chapter.
Sec. 7. (a) A facility that has banked beds under section 4 of this
chapter may convert the banked beds back to comprehensive care
beds unless the facility has been purchased or leased since the beds
were banked.
(b) To convert a banked bed back to a comprehensive care bed,
the facility must do the following:
(1) Provide notice to the state department to allow the state
department to increase the number of comprehensive care
beds available for use by the facility. Notice under this
subdivision must be provided not more than four (4) years
after the date that notice was provided to the state
department under section 4 of this chapter that the facility
was banking the bed.
(2) If the facility desires a Medicaid reimbursement rate
recalculation, provide notice to the office of Medicaid policy
and planning to allow the office to recalculate the facility's
Medicaid reimbursement rate.
(c) If a facility fails to convert a banked bed back to a
comprehensive care bed within four (4) years after notice is given
to the state department that the bed is being banked, the facility is
permanently barred from using the banked bed as a
comprehensive care bed.
(d) A banked bed that is converted back to a comprehensive
care bed under this section must comply with the same life and
safety code requirements that were in effect when the facility
banked the bed. If a waiver was in effect for the beds, the beds may
reflect the conditions of the waiver.
Sec. 8. (a) The state department shall modify the license of a
facility that converts banked beds back to comprehensive care beds
under section 7 of this chapter by increasing the number of
comprehensive care beds for which the facility is licensed.
(b) The state department shall allow a facility that converts
banked beds back to comprehensive care beds under section 7 of
this chapter to use the beds for comprehensive care purposes.
Sec. 9. (a) This section does not apply to a project to construct
or convert a comprehensive care bed under the following
conditions:
(1) The state department and the department of fire and
building services approve construction plans for the project
before July 1, 2000.
(2) The project's foundation is constructed in conformity with
the approved plans before July 1, 2000, as certified by:
(A) an independent architect licensed under IC 25-4; or
(B) an independent professional engineer licensed under
IC 25-31.
(3) Construction work on the project is continuous and in
conformity with the approved plans as of July 1, 2000.
(b) Except as otherwise provided in this chapter,
comprehensive care beds may not be added or constructed.
(c) The following may not be converted to comprehensive care
beds:
(1) Residential beds licensed under
IC 16-28-2.
(2) Unlicensed beds.
(d) Notwithstanding
IC 16-29-3
, acute care beds may not be
converted to comprehensive care beds.
(e) The Indiana health facilities council may not recommend and
the state department may not approve the certification of
comprehensive care beds for participation in state or federal
reimbursement programs, including programs under Title XVIII
or Title XIX of the federal Social Security Act (42 U.S.C. 1395 et
seq. or 42 U.S.C. 1396 et seq.).