(A) Except as provided in division (B) of this section, the addition of twenty or fewer long-term care beds to a nursing home is not a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code, and therefore does not require a certificate of need, if all of the following apply:

1. (1) The nursing home is licensed under section 3721.02 of the Revised Code or by a political subdivision certified under section 3721.09 of the Revised Code;
2. (2) The nursing home does not participate in medicare or medicaid;
3. (3) All of the long-term care beds being added to the nursing home are to be used solely for the provision of palliative care, as defined in section 3712.01 of the Revised Code. ( B) The continued use of long-term care beds added to a nursing home under this section is a reviewable activity under sections 3702.51 to 3702.62 of the Revised Code if either of the following occurs:
4. (1) Certification to participate in medicare or medicaid is granted for the nursing home or the part of the nursing home that includes the long-term care beds that were added;
5. (2) The nursing home to which the long-term care beds were added is sold.
6. (C) A nursing home that had added twenty long-term care beds under this section may add no additional long-term care beds under this section.