TITLE 39

HEALTH AND SAFETY

CHAPTER 13

HOSPITALS

39-1303.  LICENSURE. (1) All medicare-certified or medicaid-certified hospitals, nursing facilities, or intermediate care facilities shall meet the standards for licensing pursuant to this chapter.

(2)  A hospital shall have and maintain medicare certification through an accreditation organization recognized by CMS or receive a determination from the department that the hospital meets the criteria in 42 CFR for operating a hospital.

(3)  A nursing facility or an intermediate care facility shall have and maintain CMS certification.

(4)  A hospital, nursing facility, or intermediate care facility making an initial application for a license shall be issued a license if the department determines that all application information is acceptable and that the hospital, nursing facility, or intermediate care facility is at least in substantial compliance with the provisions of this chapter.

(5)  Each licensee shall be designated by a distinctive name in applying for a license, and the name shall not be changed without first notifying the department in writing. Each licensee shall specify the maximum number of allowable beds in the hospital, nursing facility, or intermediate care facility, whether in use or not, and the licensee shall not exceed such maximum number of beds.

(6)  When applicable, a licensee shall comply with rules adopted by the department, subject to legislative approval, on criminal history and background checks.

(7)  A hospital, nursing facility, or intermediate care facility shall notify the department, in accordance with the time frame established in federal regulations, for every change of ownership, lessee, or management firm. A hospital, nursing facility, or intermediate care facility shall notify the department within seventy-two (72) hours of any change in administrator and submit a new application for licensure for any change in ownership or operator.

(8)  Neither medicare-certified hospice agencies nor home health agencies are required to be licensed or certified pursuant to this chapter.

History:

[39-1303, added 2025, ch. 122, sec. 22, p. 635.]