(a)

1. (1) Qualified applicants would be applicants who propose to replace an entire existing licensed facility with “new construction”.
2. (2) Existing licensed nursing facilities are eligible for replacement without respect to the need methodology.
3. (3) As used in this methodology, “new construction” means the replacement of an entire facility with a newly constructed facility.
4. (4) This relocation of existing beds for purposes of “adding on” to an existing facility, irrespective of whether the “add on” is new construction, does not qualify for approval under this section.

(b)

1. (1) Regardless of county “need” and occupancy, applicants may be approved for up to a twenty percent (20%) increase of their present licensed capacity when replacing a facility under this subsection, with the resultant effect of transferring all residents to the replacement facility and closing the original licensed facility for business as a nursing facility.
2. (2) The applicant must acquire the additional 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 occupancy data available from Department of Human Services as reflected in the current quarterly published Bed Need Book.
3. (3) Applicants may contemporaneously apply to transfer existing licensed beds within the same county to be licensed in the replacement facility but such increase in beds by transfer shall not impact the calculation of twenty percent (20%) increase of existing licensed beds in the applicant facility.

(c)

1. (1) Qualified applicants cannot combine any criteria to increase existing licensure by more than twenty percent (20%) except in the case of facilities expanding up to seventy (70) beds.
2. (2) This does not affect applicants which qualify for approval under 20 CAR § 255-101(a)(1).

(d) Qualified applicants may move to another county or counties if the:

1. (1) Applicant’s current beds are located where existing (i.e., licensed and approved) beds exceed the projected county need by one hundred (100) or more beds;
2. (2) Number of beds being moved does not exceed the projected net need of the county (or counties) to which the beds are being moved;
3. (3) Moved beds are used for new construction; and
4. (4) Occupancy for the county to which the facility or beds are being moved has had an average overall occupancy of ninety-three percent (93%) or more for the most recently available occupancy as reported by the quarterly published Bed Need Book.