| 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. |