26B-2-223.  Prohibition against bed banking by nursing care facilities for Medicaid reimbursement.

(1)  As used in this section:

Terms Used In Utah Code 26B-2-223

  • Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
(a) a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
(b) a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
(c) a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
(a)  ” Bed banking” means the designation of a nursing care facility bed as not part of the facility’s operational bed capacity.

(b)  ” Nursing care facility” means the same as that term is defined in Section 26B-2-222.

(2)  Beginning July 1, 2008, the department shall, for purposes of Medicaid reimbursement under 1, prohibit the banking of nursing care facility beds.

Renumbered and Amended by Chapter 305, 2023 General Session