Section 150.40 - Redistribution of closed beds(1) The department shall redistribute within a county the nursing home beds made available as a result of a nursing home closure within that county if all of the following apply at the time of the closure: (a) The number of other nursing home beds for each 1,000 persons 65 years of age or over in the county is less than 80 percent of the statewide average of nursing home beds for each 1,000 persons 65 years of age or over.(b) The total occupancy level for the other nursing homes in the county is equal to or more than the statewide average nursing home occupancy rate.(2) Subsection (1) does not apply to the following:(a) Nursing home beds closed under a plan approved by the department under s. 46.277(3) (b) or 46.278(4) (b) 1, as a result of the relocation of former residents to community-based settings.(b) Facilities primarily serving the developmentally disabled.