20 CAR § 400-214 – Exception to licensing standards

(a)
1. (1) The Division of Provider Services and Quality Assurance reserves the right to make temporary exceptions to these standards where it is determined that the health and welfare of the community requires the services of the institution.
2. (2) Exceptions will be limited to unusual circumstances and the safety and well-being of the residents will be carefully evaluated prior to making such exceptions.
(b) “Overbeds” means beds the Department of Human Services may in writing authorize a skilled nursing facility to temporarily add and operate more than the facility’s regular licensed capacity when the department has determined that a disaster or other emergency has caused a serious shortage of hospital or skilled nursing facility beds and that the additional capacity is necessary to protect patient health and safety.
(c)
1. (1) Overbeds will be authorized only in cases of emergency.
2. (2)
  1. (A) An emergency exists when it can be demonstrated that the resident’s health or safety would be placed in immediate jeopardy if relocation were not accomplished.
  2. (B) A fire, natural disaster (such as a tornado or flood), or other catastrophic event that necessitates resident relocation, will be considered an emergency.
3. (3) The department must be contacted for prior authorization of the overbed, and all authorizations must be in writing.