Changes to Existing Law

New nursing facilities--Limitations--Requirements. No new nursing facility may be constructed, operated, or maintained in this state unless the nursing facility is serving as a replacement for an existing facility and is required in order to has met at least one of the following requirements to: (1) Eliminate or prevent imminent safety hazards as defined by federal, state, or local fire, building, or life safety codes or regulations; (2) Comply with state licensure standards; (3) Comply with accreditation or certification standards which shall be met to receive reimbursement under Title XVIII or XIX of the Social Security Act as amended to December 31, 2004; (4) Respond to an emergency situation created by a natural disaster such as tornadoes, floods, fire, or explosions; or (5) Improve physical conditions which are related to operational or functional deficiencies; (6) Improve operations or increase services; or (7) Consolidate, merge, or join another health care or long-term service provider. The replacement nursing facility shall be located within fifteen miles of the existing facility, if the existing facility is located in a first-class municipality. If the existing facility is located outside of a first-class municipality, the replacement facility must be located within sixty miles of the existing facility. 23