SB 214-FN - AS AMENDED BY THE SENATE
03/26/2015 0993s
2015 SESSION
\t15-0859
\t01/09
SENATE BILL\t\t214-FN
SPONSORS:\tSen. Hosmer, Dist 7; Sen. Watters, Dist 4; Sen. Forrester, Dist 2
COMMITTEE:\tHealth and Human Services
\tThis bill clarifies an exemption to the certificate of need law regarding the transfer of skilled nursing facility beds from Franklin Regional Hospital to other parts of its service area.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/26/2015 0993s
\t15-0859
\t01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\trelative to the transfer of skilled nursing facility beds from the Franklin Regional Hospital.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Certificate of Need Review; Transfer of Skilled Beds; Franklin Regional Hospital. Amend RSA 151-C:13, I(h) to read as follows:
\t\t\t(h) Notwithstanding any other provision of this chapter, a skilled nursing facility distinct part unit established by Androscoggin Valley Hospital or Franklin Regional Hospital in order to qualify as a critical access hospital under 42 U.S.C. section 1395i-4 and 42 CFR Part 485, Subpart F; provided, that the number of beds in the skilled nursing facility distinct part unit shall not exceed the hospital’s existing skilled nursing patient capacity. For purposes of this subparagraph, the term “existing skilled nursing patient capacity” means with respect to each month, the number of skilled nursing patient days for such month divided by the number of days in such month, and shall be the highest such number from the 12-month period ending immediately prior to the filing of the federal request for approval of the distinct part unit; provided, however, that the number determined under this subparagraph shall not exceed 10 beds. The hospital may relocate its beds subject to exemption from this chapter within the service area of the hospital’s corporate entity;
\t2 Effective Date. This act shall take effect January 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t\t\tLBAO
\t\t\t\t\t\t\t\t\t\t\t15-0859
\t\t\t\t\t\t\t\t\t\t\tAmended 04/01/15
SB 214-FN FISCAL NOTE
AN ACT\trelative to the transfer of skilled nursing facility beds from the Franklin Regional Hospital.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the Senate (Amendment #2015-0993s), will have an indeterminable impact on state, county and local revenue and expenditures in FY 2016 and each year thereafter.
METHODOLOGY:
The Department of Health and Human Services states this bill clarifies an exemption to the certificate of need law by including Lakes Region General Hospital to the service area of Franklin Regional Hospital. The Department states the fiscal impact of this bill is indeterminable. Franklin Regional Hospital merged with Lakes Region Hospital under joint control known as LRGHealthcare. Franklin Regional Hospital was qualified in 2004 as a Critical Access Hospital (CAH) and operates 25 beds. The Department states Franklin Regional Hospital has never established a distinct skilled nursing facility as allowed by federal and state regulation. CAH requirements require acute care hospitals no more than 25 licensed beds, with an allowance for a ten bed skilled nursing unit. Lakes Regional General Hospital has never been qualified as a CAH and it cannot apply for skilled nursing beds under the CAH designation nor could Franklin Regional Hospital transfer its right to the skilled beds to Lakes Region General Hospital. The Department states Franklin Regional Hospital can add the 10-bed skilled nursing unit at any time as part of its CAH designation. The Department assumes adding LRGHealthcare as a parent-partner would open up the opportunity for LRGHealthcare to have access to the rights to beds and place them in the broader community rather than limiting the beds to the Franklin facility campus. The Department states the impact on the Certificate of Need Board is negligible since the current fixed administrative fees would be spread over a larger number of beds. The additional beds would be included in the nursing home bed inventory used to determine the need for additional beds, for which there is now a moratorium in RSA 151-C:4,III. The Department indicates there may also be a fiscal impact to the Medicaid program as the additional beds would likely be certified to receive payment under Medicaid.