- (1) "Bed license" is the state authorization given by OL to provide nursing care facility services to an individual resident. OL issues licenses to a nursing care facility program to provide services for several individuals. The number of individuals for which a nursing care facility program can provide service equals the total licensed beds held by the licensee.
(2) "Current owner" is any one of or combination of the following:
- (a) owner of a building from which a nursing care facility program operates;
- (b) owner of land on which a nursing care facility program operates;
- (c) owner of a nursing care facility program licensed by the OL;
- (d) owner of Medicaid certification;
- (e) lessor of the building;
- (f) lessor of the land;
- (g) mortgagor of the building;
(h) mortgagor of the land;
- (i) the management team responsible for executing the operations of a nursing care facility program;
- (j) a holder of a lien security interest in the land;
(k) a holder of a lien security interest in the building; and
- (l) a holder of a lien security interest in the business operation.
- (3) "Office of Licensing (OL) within the Division of Licensing and Background Checks is the entity that evaluates nursing care facilities to comply with state law and federal regulations.
- (4) "Medicaid certification" is the authorization to provide services outlined in the Medicaid State Plan in accordance with Section R414-27-1.
- (5) "Transfer" is a change of ownership due to sale, lease, or mortgage.
- (6) "Transfer agreement" is a contract for a transfer of bed licenses.
- (7) "Transferor" is the entity or nursing care facility program transferring one or more Medicaid beds to another entity or nursing care facility program.
- (8) "Transferee" is the entity or nursing care facility program receiving one or more Medicaid beds from the transferor.
As used in this rule:
KEY: Medicaid
Date of Last Change: February 12, 2024
Notice of Continuation: May 23, 2023
Authorizing, and Implemented or Interpreted Law: 26B-3-108; 26B-3-313