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.