Section 35-2-906 - Construction and expansion of facilities; exemption(a) A licensee who contemplates construction of or alteration or addition to a health care facility shall submit plans and specifications to the division for preliminary inspection and approval prior to commencing construction. Significant changes to the original plans must also be submitted and approved prior to implementation. The plans and any changes shall indicate any increase in the number of beds.(b) Nursing care facility beds shall not be expanded or constructed if the average of all the nursing care bed occupancy, excluding veteran administration beds, in the construction area is eighty-five percent (85%) or less based upon the annual occupancy report prepared by the division.(c) Notwithstanding the other provisions of this section any nursing care facility or hospital may, in any two (2) year period, increase its bed capacity by ten percent (10%) of the current nursing care facility bed capacity or by not more than ten (10) beds.(d) Repealed By Laws 2002, Ch. 87, § 2.(e) Repealed By Laws 2002, Ch. 87, § 2.(f) Beds in adult foster care homes and beds in alternative eldercare homes constructed pursuant to the pilot programs authorized in W.S. 42-6-104 and 42-6-105 shall not be considered as nursing care facility beds for the purposes of this section.(g) Beds constructed at any health care facility owned or operated by the department shall be exempt from subsections (b) and (c) of this section.Amended by Laws 2017 , ch. 5, § 1, eff. 2/13/2017.Amended by Laws 2016 , ch. 44, § 1, eff. 7/1/2016.