.05 Licensed Bed Capacity.

A. A facility may exceed its licensed bed capacity only if the Department:

(1) Requests that the facility exceed its licensed bed capacity; or

(2) Approves a request from a facility to exceed its licensed bed capacity.

B. Departmental Request of Facility to Exceed Capacity. If the Department requests a facility to exceed its licensed bed capacity, the written request is to include the:

(1) Circumstances that prompted the Department to make the request;

(2) Conditions under which the licensed bed capacity may be exceeded; and

(3) Number of residents by which the facility's licensed capacity may be exceeded.

C. Request for Departmental Permission to Exceed Capacity.

(1) If an emergency situation exists, a facility may request permission from the Department to exceed its licensed bed capacity to help resolve the emergency situation.

(2) The written request shall include the:

(a) Circumstances or reasons for the request;

(b) Identity of any resident involved;

(c) Beginning and ending dates for which the request is made; and

(d) Documentation of any objection by a resident affected by the request, or by the resident's personal representative.

(3) The nursing home shall:

(a) Submit the written request to the Office of Licensing and Certification Programs; and

(b) Make the request for a term not to exceed 30 days.

(4) Before reaching its decision on the request, the Department shall consider the:

(a) Needs of the resident whose admission is proposed;

(b) Ability of the facility to care for the resident properly;

(c) Likely effect of the admission on the comfort and care of the other residents in the facility; and

(d) Evidence that exceeding licensed capacity would help resolve the emergency situation.

(5) Required Resident Accommodations. Before a facility may admit a resident that causes the facility to exceed its licensed bed capacity, the facility shall:

(a) Provide the following equipment for the exclusive use of the resident:

(i) Electronic nurses call system or hand bell,

(ii) Privacy curtain or screen,

(iii) Storage space for belongings, and

(iv) A bed, at least 36 inches wide, sturdy and in good repair;

(b) Meet any square footage requirements under this chapter for a room; and

(c) Meet any other condition that the Department may require.

(6) Admission. When a facility is permitted to exceed its licensed bed capacity under this section, the facility may not admit a resident to the facility until each resident admitted under permission granted under this section has:

(a) Been placed in the facility as part of the facility's permanent resident population; or

(b) Found other placement that is acceptable to the resident.