Section 1253.1 Of Article 1. General From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 1.
1253.1
. (a) Any skilled nursing facility or intermediate care
facility that on the effective date of this section is providing care
for the developmentally disabled may utilize beds designated for
that purpose to provide intermediate care for the developmentally
disabled without obtaining a certificate of need, a change in
licensure category, or a change in bed classification pursuant to
subdivision (c) of Section 1250.1, provided the facility meets and
continues to meet the following criteria:
(1) The facility was surveyed on or before July 18, 1977, by the
State Department of Health for certification under the federal ICF/MR
program pursuant to Section 449.13 of Title 42 of the Code of
Federal Regulations, and the beds designated for intermediate care
for the developmentally disabled were certified by the state
department, either before or after that date, to meet the standards
set forth in Section 449.13 of Title 42 of the Code of Federal
Regulations.
(2) Not less than 95 percent of the beds so certified for
intermediate care for the developmentally disabled are utilized
exclusively for provision of care to residents with a developmental
disability, as defined in subdivision (a) of Section 4512 of the
Welfare and Institutions Code. Nothing in this paragraph shall
require continuous bed occupancy, but a bed certified for
intermediate care for the developmentally disabled shall be deemed to
be converted to another use if occupied by a resident who is not
developmentally disabled.
(3) On and after the effective date of regulations implementing
this section, no change of ownership has occurred with respect to the
facility requiring issuance of a new license, except a change
occurring because of a decrease in the number of partners of a
licensed partnership or a reorganization of the governing structure
of a licensee in which there is no change in the relative ownership
interests.
(b) Any facility receiving an exemption under subdivision (a)
shall, with respect to beds designated for intermediate care for the
developmentally disabled, be subject to regulations of the state
department applicable to that level of care, rather than the level of
care for which the beds are licensed. The state department shall
indicate on the license of any facility receiving an exemption
pursuant to subdivision (a) that the licensee has been determined by
the state department to meet the criteria of subdivision (a).
(c) The licensee of any facility receiving an exemption under this
section shall notify the state department not less than 30 days
prior to taking action that will cause the facility to cease meeting
the criteria specified in paragraph (2) or (3) of subdivision (a).
(d) Upon a change of ownership of the facility or change in
ownership interests not meeting the criterion for continued exemption
specified in paragraph (3) of subdivision (a), the applicant for
relicensure shall elect as follows:
(1) To reclassify all skilled nursing beds that have been exempted
under this section to the intermediate care-developmental
disabilities classification, or to continue the skilled nursing
classification with respect to skilled nursing beds that have
received the exemption.
(2) To reclassify intermediate care beds that have been exempted
under this section to the intermediate care-developmental
disabilities classification, or to reclassify intermediate care beds
that have received the exemption to the intermediate care-other
classification.
Reclassification of beds pursuant to this subdivision shall not
constitute a "project" within the meaning of Section 127170 and shall
not be subject to any requirement for a certificate of need under
Chapter 1 (commencing with Section 127125) of Part 2 of Division 107.