1. (a) The commissioner or the commissioner's designee shall calculate the state comprehensive care bed need rate as follows:

   1. (A) the total statewide inpatient days; by

   2. (B) the total comprehensive care bed days available at comprehensive care health facilities;

      to determine the statewide comprehensive care bed occupancy rate.

      STEP TWO: Multiply the statewide comprehensive care bed occupancy rate determined in STEP ONE by the total statewide comprehensive care bed supply as determined under section 7(a) of this chapter to determine the total statewide number of comprehensive care beds occupied.

      STEP THREE: Divide:

   3. (A) the total statewide number of comprehensive care beds occupied determined in STEP TWO; by

   4. (B) ninety percent (90%);

      to determine the total statewide number of comprehensive care beds needed.

      STEP FOUR: Divide:

   5. (A) the total statewide number of comprehensive care beds needed as determined in STEP THREE; by
   6. (B) the projected statewide population that is at least sixty-five

   7. (65) years of age as determined under section 7(b) of this chapter.

      STEP FIVE: Multiply the number determined in STEP FOUR by one thousand (1,000) to determine the state comprehensive care bed need rate.

   STEP ONE: Divide:

2. (b) The state comprehensive care bed need rate determined in STEP FIVE of subsection (a) shall be expressed as the number of comprehensive care beds per one thousand (1,000) persons who are at least sixty-five (65) years of age.
3. (c) The commissioner or the commissioner's designee shall calculate the state comprehensive care bed need rate and may consult with third party private sector entities with expertise in Medicare and Medicaid cost reports.

As added by P.L.202-2018, SEC.8.