LB 765 which went into effect on July 18, 2008 requires a certificate of need (CON) for certain actions by healthcare facilities. First, if a healthcare facility has an increase over a 2 year period of more than 10 long-term care or rehabilitation beds or an increase of more than 10% of the total long-term care or rehabilitation bed capacity, whichever is less it will require a CON.
Next, a CON will be required if a hospital decides to convert hospital beds to either long-term care or rehabilitation beds and if the total of those are more than 10 beds or more than 10% of the total bed capacity, whichever is less, over a 2 year period. And finally, if a healthcare facility relocates rehabilitation beds to another facility it will require a CON.
Under the act, DHSS can grant an exemption and certificate of need for up to 3 beds if rehabilitation beds, subject to a moratorium if the average occupancy of all such beds within a health planning region exceeds 80% occupancy during the most recent 3 consecutive calendar quarters and there are no other available, comparable services.