(a) Unless otherwise provided in this subchapter, all health facilities seeking to add new beds or perform additional home health services or to expand existing bed capacity shall apply for a permit approving additional beds or services or expanded bed capacity or services pursuant to procedures and criteria promulgated by the Health Services Permit Commission, except an additional permit shall not be required for home health services agencies currently licensed by the Department of Health to expand geographic service areas if the home health services agency has a primary or branch office located within one hundred (100) miles of the location of the services.
(b) The commission may authorize the Health Services Permit Agency to enjoin construction or expansion of existing facilities of any project commenced in violation of this subchapter through an action filed in the circuit court of the judicial district in which the project is located.
(c) Beginning July 1, 2005, the Health Services Permit Agency may not accept applications or requests for permits of approval to add new beds or to expand existing bed capacity of residential care facilities.
(d) (1) The Health Services Permit Agency shall recognize an exception to the moratorium regarding bed capacity and beds in a psychiatric residential treatment facility.(2) The Health Services Permit Agency shall add to the permitted bed capacity for psychiatric residential treatment facilities:(A) Beds that are not currently permitted by the Health Services Permit Agency but are licensed by the Child Welfare Agency Review Board for the purpose of operating as a psychiatric residential treatment facility before April 16, 2025; and(B) Beds that are fully constructed and could be used for the purpose of operating a psychiatric residential treatment facility as of January 1, 2025.(3) The total amount of additional beds authorized under this subsection shall not exceed nine hundred (900) beds for the purpose of operating as a psychiatric residential treatment facility.(4) The Health Services Permit Agency shall require prior approval under § 20-8-109 for any new construction of a psychiatric residential treatment facility and for any renovation project that exceeds two hundred fifty thousand dollars ($250,000) for an existing psychiatric residential treatment facility.(5) Any increase or decrease in the total number of authorized beds under this section shall be reviewed and approved by the Legislative Council before receiving a permit from the Health Services Permit Agency or a license from the Office of Long-Term Care.(6) For the purposes of this section, beds used for both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a permit from the Health Services Permit Agency.
(1) The Health Services Permit Agency shall recognize an exception to the moratorium regarding bed capacity and beds in a psychiatric residential treatment facility.
(2) The Health Services Permit Agency shall add to the permitted bed capacity for psychiatric residential treatment facilities:(A) Beds that are not currently permitted by the Health Services Permit Agency but are licensed by the Child Welfare Agency Review Board for the purpose of operating as a psychiatric residential treatment facility before April 16, 2025; and(B) Beds that are fully constructed and could be used for the purpose of operating a psychiatric residential treatment facility as of January 1, 2025.
(A) Beds that are not currently permitted by the Health Services Permit Agency but are licensed by the Child Welfare Agency Review Board for the purpose of operating as a psychiatric residential treatment facility before April 16, 2025; and
(B) Beds that are fully constructed and could be used for the purpose of operating a psychiatric residential treatment facility as of January 1, 2025.
(3) The total amount of additional beds authorized under this subsection shall not exceed nine hundred (900) beds for the purpose of operating as a psychiatric residential treatment facility.
(4) The Health Services Permit Agency shall require prior approval under § 20-8-109 for any new construction of a psychiatric residential treatment facility and for any renovation project that exceeds two hundred fifty thousand dollars ($250,000) for an existing psychiatric residential treatment facility.
(5) Any increase or decrease in the total number of authorized beds under this section shall be reviewed and approved by the Legislative Council before receiving a permit from the Health Services Permit Agency or a license from the Office of Long-Term Care.
(6) For the purposes of this section, beds used for both in-state and out-of-state clients shall be counted in capacity for the purpose of obtaining a permit from the Health Services Permit Agency.