(1) This section provides a method to transfer or sell the license for a Medicaid bed from a nursing care facility program to another entity that is in addition to the authorization to transfer under Section 26B-3-311.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 26B-3-313

  • Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • Medicaid certification: means the right of a nursing care facility, as a provider of a nursing care facility program, to receive Medicaid reimbursement for a specified number of beds within the facility. See Utah Code 26B-3-301
  • Nursing care facility: means the following facilities licensed by the department under Chapter 2, Part 2, Health Care Facility Licensing and Inspection:
              (12)(a)(i) skilled nursing facilities;
              (12)(a)(ii) intermediate care facilities; and
              (12)(a)(iii) an intermediate care facility for people with an intellectual disability. See Utah Code 26B-3-301
  • Nursing care facility program: means the personnel, licenses, services, contracts, and all other requirements that shall be met for a nursing care facility to be eligible for Medicaid certification under this part and division rule. See Utah Code 26B-3-301
  • Rural county: means a county with a population of less than 50,000, as determined by:
         (20)(a) the most recent official census or census estimate of the United States Bureau of the Census; or
         (20)(b) the most recent population estimate for the county from the Utah Population Committee, if a population figure for the county is not available under Subsection (20)(a). See Utah Code 26B-3-301
  • Standards: means the acceptable range of deviation from the criteria that reflects local medical practice and that is tested on the Medicaid recipient database. See Utah Code 26B-3-301
  • Urban county: means a county that is not a rural county. See Utah Code 26B-3-301
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2)

     (2)(a) A nursing care facility program may transfer or sell one or more of its licenses for Medicaid beds in accordance with Subsection (2)(b) if:

          (2)(a)(i) at the time of the transfer, and with respect to the license for the Medicaid bed that will be transferred, the nursing care facility program that will transfer the Medicaid license meets all applicable regulations for Medicaid certification;
          (2)(a)(ii) the nursing care facility program gives a written assurance, which is postmarked or has proof of delivery 30 days before the transfer, to the director and to the transferee in accordance with Subsection 26B-3-311(4);
          (2)(a)(iii) the nursing care facility program that will transfer the license for a Medicaid bed notifies the division in writing, which is postmarked or has proof of delivery 30 days before the transfer, of:

               (2)(a)(iii)(A) the number of bed licenses that will be transferred;
               (2)(a)(iii)(B) the date of the transfer; and
               (2)(a)(iii)(C) the identity and location of the entity receiving the transferred licenses; and
          (2)(a)(iv) if the nursing care facility program for which the license will be transferred or purchased is located in an urban county with a nursing care facility average annual occupancy rate over the previous two years less than or equal to 75%, the nursing care facility program transferring or selling the license demonstrates to the satisfaction of the director that the sale or transfer:

               (2)(a)(iv)(A) will not result in an excessive number of Medicaid certified beds within the county or group of counties that would be impacted by the transfer or sale; and
               (2)(a)(iv)(B) best meets the needs of Medicaid recipients.
     (2)(b) Except as provided in Subsection (2)(c), a nursing care facility program may transfer or sell one or more of its licenses for Medicaid beds to:

          (2)(b)(i) a nursing care facility program that has the same owner or successor in interest of the same owner;
          (2)(b)(ii) a nursing care facility program that has a different owner; or
          (2)(b)(iii) a related-party nonnursing-care-facility entity that wants to hold one or more of the licenses for a nursing care facility program not yet identified, as long as:

               (2)(b)(iii)(A) the licenses are subsequently transferred or sold to a nursing care facility program within three years; and
               (2)(b)(iii)(B) the nursing care facility program notifies the director of the transfer or sale in accordance with Subsection (2)(a)(iii).
     (2)(c)

          (2)(c)(i) Subject to Subsection (2)(c)(ii), a nursing care facility program may not transfer or sell one or more of its licenses for Medicaid beds to an entity under Subsection (2)(b)(i), (ii), or (iii) that is located in a rural county unless the entity requests, and the director issues, Medicaid certification for the beds under Subsection 26B-3-311(5).
          (2)(c)(ii) A veterans nursing care facility that has been approved for a Medicaid certified bed increase under Subsection 26B-3-311(5) may not transfer or sell any of the veterans nursing care facility’s Medicaid certified beds.
(3) A nursing care facility program or entity under Subsection (2)(b)(i), (ii), or (iii) that receives or purchases a license for a Medicaid bed under Subsection (2)(b):

     (3)(a) may receive a license for a Medicaid bed from more than one nursing care facility program;
     (3)(b) shall give the division notice, which is postmarked or has proof of delivery within 14 days of the nursing care facility program or entity seeking Medicaid certification of beds in the nursing care facility program or entity, of the total number of licenses for Medicaid beds that the entity received and who it received the licenses from;
     (3)(c) may only seek Medicaid certification for the number of licensed beds in the nursing care facility program equal to the total number of licenses for Medicaid beds received by the entity;
     (3)(d) does not have to demonstrate need or seek approval for the Medicaid licensed bed under Subsection 26B-3-311(5), except as provided in Subsections (2)(a)(iv) and (2)(c) ;
     (3)(e) shall meet the standards for Medicaid certification other than those in Subsection 26B-3-311(5), including personnel, services, contracts, and licensing of facilities under Chapter 2, Part 2, Health Care Facility Licensing and Inspection; and
     (3)(f) shall obtain Medicaid certification for the licensed Medicaid beds within three years of the date of transfer as documented under Subsection (2)(a)(iii)(B).
(4)

     (4)(a) When the division receives notice of a transfer of a license for a Medicaid bed under Subsection (2)(a)(iii)(A), the department shall reduce the number of licenses for Medicaid beds at the transferring nursing care facility:

          (4)(a)(i) equal to the number of licenses transferred; and
          (4)(a)(ii) effective on the date of the transfer as reported under Subsection (2)(a)(iii)(B).
     (4)(b) For purposes of Section 26B-3-310, the division shall approve Medicaid certification for the receiving nursing care facility program or entity:

          (4)(b)(i) in accordance with the formula established in Subsection (3)(c); and
          (4)(b)(ii) if:

               (4)(b)(ii)(A) the nursing care facility seeks Medicaid certification for the transferred licenses within the time limit required by Subsection (3)(f); and
               (4)(b)(ii)(B) the nursing care facility program meets other requirements for Medicaid certification under Subsection (3)(e).
     (4)(c) A license for a Medicaid bed may not be approved for Medicaid certification without meeting the requirements of Sections 26B-3-310 and 26B-3-311 if:

          (4)(c)(i) the license for a Medicaid bed is transferred under this section but the receiving entity does not obtain Medicaid certification for the licensed bed within the time required by Subsection (3)(f); or
          (4)(c)(ii) the license for a Medicaid bed is transferred under this section but the license is no longer eligible for Medicaid certification.
  Previous section
Next section  
 Part 3 Contents