135G.6  Inspection — conditions for issuance.
  The department shall issue a license to an applicant under this chapter if the following conditions exist:
  1.  The department has ascertained that the applicant’s facilities and staff are adequate to provide the care and services required of a subacute care facility.
  2.  a.  The department of human services has submitted written approval of the application based upon the process used by the department of human services to identify the best qualified providers. The department of human services shall utilize a request for proposals process to identify the best qualified providers, limit the number of subacute care facility beds, and ensure the geographic dispersion of subacute mental health services.
  b.  The department of human services shall not give approval to an application which would cause the number of publicly funded subacute care facility beds licensed under this chapter to exceed fifty beds.
  c.  The subacute care facility beds identified by the request for proposals process shall be existing beds which have been awarded a certificate of need pursuant to chapter 135. Such beds shall not be required to obtain an additional certificate of need upon conversion to licensed subacute care facility beds.
2012 Acts, ch 1120, §45
NEW section