Title 20, Social Services

[§346F-1] Title. This chapter shall be known and may be cited as the "Nursing Facility Sustainability Program Act". [L 2012, c 156, pt of §2, §5; am L 2013, c 142, §3; am L 2014, c 124, §2; am L 2015, c 69, §2; am L 2016, c 59, §2; am L 2017, c 60, §5; am L 2019, c 163, §6; am L …

§346F-10 Enhanced rates to medicaid managed care health plans. (a) In accordance with title 42 Code of Federal Regulations part 438, the department shall use revenues from the nursing facility sustainability fee and federal matching funds to enhance the capitated rates paid to me…

[§346F-11] Payment of rate enhancement. The rate enhancements referred to in section 346F-10 shall be retroactive to July 1, 2012. Retroactive rate enhancements shall be paid within thirty days of notification by the Centers for Medicare and Medicaid Services to the department of…

[§346F-12] Special designation of nursing facility sustainability program special fund. Notwithstanding section 37-53 and any law or administrative rule to the contrary, the specific purposes set out in section 346F-4(c) are established as being preeminent uses of the nursing fac…

§346F-13 Termination. (a) Collection of the nursing facility sustainability fee under section 346F-5 shall be discontinued if: (b) If the nursing facility sustainability fee is discontinued, any money remaining in the nursing facility sustainability program special fund shall be …

[§346F-14] Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or applicati…

§346F-2 Findings and declaration of necessity. It is the intent of the legislature to establish a special fund within the state treasury to receive revenue from the imposition of a nursing facility sustainability fee to be administered by the department, which shall use the reven…

[§346F-3] Definitions. As used in this chapter: "Continuing care retirement community" means an entity providing nursing facility services, along with assisted living or independent living on a contiguous campus with the number of assisted living and independent living beds in th…

§346F-4 Nursing facility sustainability program special fund. (a) There is created in the state treasury the nursing facility sustainability program special fund to be administered by the department into which shall be deposited all moneys collected under this chapter. (b) Moneys…

§346F-5 Nursing facility sustainability fee. (a) Effective July 1, 2012, the department shall charge and collect a provider fee on health care items or services provided by nursing facilities. (b) The nursing facility sustainability fee shall be based on the total resident days o…

§346F-6 Nursing facility sustainability fee assessment. (a) Nursing facilities shall pay the nursing facility sustainability fee to the nursing facility sustainability program special fund in accordance with this chapter. (b) The department shall determine, with agreement by the …

[§346F-7] Federal approval. The department shall seek a waiver and other approvals from the Centers for Medicare and Medicaid Services that may be necessary to implement the nursing facility sustainability program, including the approval of the contracts between the State and med…

[§346F-8] Multifacility locations. If an entity conducts, operates, or maintains more than one nursing facility, the entity shall pay the nursing facility sustainability fee for each nursing facility separately. [L 2012, c 156, pt of §2, §5; am L 2013, c 142, §3; am L 2014, c 124…

§346F-9 Penalties for failure to pay nursing facility sustainability fee. (a) If a nursing facility fails to pay the full amount of the nursing facility sustainability fee when due, there shall be added to the fee, unless waived by the department for reasonable cause, a penalty e…