If two or more applications are submitted within thirty days after the receipt of the first application for the same health planning region and the approval of all the applications would result in long-term care beds in the health planning region in excess of the long-term care bed need established in section 71-5829.04, the department shall grant the application and issue a certificate of need, subject to any reduction in beds required by section 71-5846 to the applicant which is better able to: (1) Provide quality care; (2) operate a long-term care facility in a cost-effective manner based on annual cost reports submitted to the department; (3) accumulate financial resources to complete the project; and (4) serve medicare, medicaid, and medically indigent long-term care patients in the area. The department shall show a preference to an application filed by an applicant with facilities in Nebraska. Information to make these determinations shall be limited to the application and data currently collected by the state. If the applicant does not have a facility in Nebraska, the department may request information from other states in which the applicant is offering services to make its determination.

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Terms Used In Nebraska Statutes 71-5829.05

  • Certificate of need: means a written authorization by the department for a person to implement the project under review. See Nebraska Statutes 71-5803.03
  • Department: means the Department of Health and Human Services. See Nebraska Statutes 71-5803.04
  • Health planning region: means one of the twenty-six health planning regions established in the Nebraska State Health Plan, 1986-1991. See Nebraska Statutes 71-5803.07
  • Long-term care bed: means a bed in a health care facility that is or will be licensed under the Health Care Facility Licensure Act as a skilled nursing facility, intermediate care facility, nursing facility, or long-term care hospital. See Nebraska Statutes 71-5803.10
  • State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801