26-18-502. Purpose -- Medicaid certification of nursing care facilities.
(1) The Legislature finds:
(a) that an oversupply of nursing care facility programs in the state adversely affects the
state Medicaid program and the health of the people in the state; and
(b) it is in the best interest of the state to prohibit Medicaid certification of nursing care
facility programs, except as authorized by this part.
(2) Medicaid reimbursement of nursing care facility programs is limited to:
(a) the number of nursing care facility programs with Medicaid certification as of May 4,
2004; and
(b) additional nursing care facility programs approved for Medicaid certification under
the provisions of Subsection 26-18-503(5).
(3) The division shall not:
(a) except as authorized by Section 26-18-503:
(i) process initial applications for Medicaid certification or execute provider agreements
with nursing care facility programs; or
(ii) reinstate Medicaid certification for a nursing care facility whose certification expired
or was terminated by action of the federal or state government; or
(b) execute a Medicaid provider agreement with a certified program that moves its
nursing care facility program to a different physical facility, except as authorized by Subsection
26-18-503(3).
Enacted by Chapter 215, 2004 General Session
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Last revised: Wednesday, October 08, 2008