| 6. Provision of services to nonresidents. The final |
certificate of authority must state whether any skilled |
nursing facility that is part of a life-care community or a |
continuing care retirement community may provide services to |
persons who have not been bona fide residents of the community |
prior to admission to the skilled nursing facility. If the |
life-care community or the continuing care retirement |
community admits to its skilled nursing facility only persons |
who have been bona fide residents of the community prior to |
admission to the skilled nursing facility, then the community |
is exempt from the provisions of Title 22, former chapter 103 |
or chapter 103-A, but is subject to the licensing provisions |
of Title 22, chapter 405, and is entitled to only one skilled |
nursing facility bed for every 4 residential units in the |
community. Any community exempted under Title 22, former |
chapter 103 or chapter 103-A may admit nonresidents of the |
community to its skilled nursing facility only during the |
first 3 years of operation. For purposes of this subsection, |
a "bona fide resident" means a person who has been a resident |
of the community for a period of not less than 180 consecutive |
days immediately preceding admission to the nursing facility |
or has been a resident of the community for less than 180 |
consecutive days but who has been medically admitted to the |
nursing facility resulting from an illness or accident that |
occurred subsequent to residence in the community. Any |
community exempted under Title 22, former chapter 103 or |
chapter 103-A is not entitled to and may not seek any |
reimbursement or financial assistance under the Medicaid |
program from any state or federal agency and, as a |
consequence, that community must continue to provide nursing |
facility services to any person who has been admitted to the |
facility. |