(a)

1. (1) Regardless of projected need in a county, nursing facilities may acquire up to twenty-five (25) additional beds if the applicant nursing facility:

   1. (A) Averaged ninety percent (90%) or greater occupancy according to the most recent twelve-month census data available from Department of Human Services for at least four (4) months of the last six-month period;
   2. (B) Currently has no approved but unlicensed beds;
   3. (C) Proposes to acquire beds from a facility that averaged seventy percent (70%) or less occupancy for the previous twelve-month period according to the most recent twelve-month occupancy data available from the department as reflected in the most current published Bed Need Book; and
   4. (D) Has not acquired beds pursuant to this subsection in the previous twelve-month period.
2. (2) Once relocated and licensed to the acquiring facility, beds may not be transferred back or returned to the original facility unless all the requirements of this section are satisfied.

(b) Nursing homes with less than sixty (60) licensed beds could be approved to expand to seventy (70) beds, if the facility:

1. (1) Averaged ninety percent (90%) or greater occupancy according to the most recently available census as reported by the department for at least four (4) months of the last six-month period;
2. (2) Is located in a county without a population-based “need”;
3. (3) Proposes to acquire beds from a facility that averaged less than seventy percent (70%) occupancy for the previous twelve-month period according to the most recent twelve-month census data available from the department and as reflected in the current quarterly published Bed Need Book; and
4. (4) Is not located in a county where the number of approved but unlicensed beds equals ten percent (10%) or more of the county’s licensed beds in the previous twelve-month period.

(c)

1. (1) Notwithstanding the foregoing provisions of this section but subject to 20 CAR § 255-506(a)(4) and (a)(5), and subject to Health Services Permit Commission approval, an existing facility may relocate beds within the county where the facility is located.
2. (2) In doing so, the facility may either move all or some of its existing beds or the facility may acquire and move beds from another facility located within the same county.