Relates to conditions under which certain residential health care facilities may withdraw equity or assets totaling five percent of reported annual revenue for patient care services without prior notification

Nursing homes: 5% withdrawals with rules

Non-public nursing homes can take out up to 5% of their most recent yearly patient-care revenue without prior notice. This applies only if they met minimum staffing for the last two quarters. They also must not be in the CMS Special Focus Program. They must not be under a CMS denial of payment for new admissions. They must have no enforcement action with a deficiency finding in the last 18 months. They must still send notice by certified or registered mail on a department-approved form. If approval is needed, the commissioner must decide within 60 days after getting a written request. Requests must be sent by certified or registered mail on the department’s form. After a hearing, the commissioner can require the money be replaced and fine up to 10% of any amount taken without required approval.