Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-2 - HEALTH PLANNING › Subject 111-2-2 - CERTIFICATE OF NEED › Rule 111-2-2-.33 - Specific Review Considerations for Life Plan Community (LPC) Sheltered Nursing Facilities

Current through Rules and Regulations filed through June 27, 2024
(1)
Applicability.
A Certificate
				of Need will be required prior to the establishment of a new or expanded LPC
				Sheltered Nursing Facility, if not exempt as provided by O.C.G.A. §
									31-6-47(a)(17)
				and Ga. Comp. R. & Regs. r.
				111-2-2-.03(20).
				These Rules apply to sheltered nursing facilities located in LPC facilities
				defined herein as Type A and Type B Life Plan Communities. A LPC that has
				obtained nursing facility beds approved under the standards contained in Ga.
				Comp. R. & Regs. r.
				111-2-2-.30 does not qualify for
				sheltered nursing facility beds, and to convert existing nursing facility beds
				to sheltered nursing facility beds, such a LPC must apply for a new Certificate
				of Need. Conversely, a LPC that obtains sheltered nursing facility beds under
				these Rules may not qualify for beds under Ga. Comp. R. & Regs. r.
				111-2-2-.30, and is therefore only
				required to complete these specific review considerations for the sheltered
				nursing facility beds.
(2)
Duration.
Notwithstanding Ga. Comp. R. & Regs. r.
				111-2-2-.02(6), the
				initial implementation period of a Certificate of Need granted for a new or
				expanded LPC Sheltered Nursing Facility pursuant to these Rules shall be
				twenty-four (24) months from the effective date.
(3)
Definitions.
(a) "A Life Plan Community" (LPC) is an
				organization which offers a contract to provide an individual of retirement
				status, other than an individual related by consanguinity or affinity to the
				provider furnishing the care, with board and lodging, licensed nursing facility
				care and medical or other health related services, or both. These services are
				provided for a minimum period of more than one (1) year and may be for as long
				as the lifetime of the resident.
(b) "Type A Life Plan Community" (Type A LPC)
				provides LPC services at the same location for the life of an individual,
				including mutually terminable contracts, and in consideration of the payment of
				an entrance fee with or without other periodic charges. A Type A LPC offers
				nursing facility care for a little or no substantial increase in monthly
				payments, except normal operating costs and inflation adjustments.
(c) "Type B Life Plan Community" (Type B LPC)
				provides LPC services at the same location for a period in excess of one year,
				including mutually terminable contracts, and in consideration of the payment of
				an entrance fee with other periodic charges. A Type B LPC offers a specified
				amount of nursing facility care for little or no substantial increase in
				monthly payments except normal operating costs and inflation adjustments. After
				the specified amount of nursing care is received, residents pay either a
				discounted rate or the full per diem rate for nursing care required.
(d) "A Continuing Care Contract" means
				furnishing pursuant to an agreement shelter, food, and either nursing care or
				personal services, whether such nursing care or personal services are provided
				in the facility or in another setting designated by the agreement for
				continuing care, to an individual not related by consanguinity or affinity to
				the provider furnishing such care upon payment of an entrance fee. Other
				personal services provided shall be designated in the continuing care
				agreement. Agreements to provide continuing care include agreements to provide
				care for any duration, including agreements that are terminable by either
				party.
(e) "LPC Sheltered Nursing
				Facility", for purposes of these Rules, is a nursing facility that meets the
				definition of a nursing facility as defined by Ga. Comp. R. & Regs. r.
				111-2-2-.30 of the Rules of the
				Department. A LPC Sheltered Nursing Facility shall be for the exclusive use of
				residents of a Type A or Type B LPC.
(f) "Official State Health Component Plan"
				means the document related to the above-named services developed by the
				Department, established by the Georgia Health Strategies Council, and signed by
				the Governor of Georgia.
(g)
				"Resident" is an individual entitled to receive continuing care in a Type A or
				Type B Life Plan Community.