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REFERENCE TITLE: nursing facility assessment; continuation |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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SB 1136 |
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Introduced by Senators Barto, Hobbs; Representatives Carter, Meyer, Pratt: Senators Allen, Ward; Representatives Barton, Borrelli, Hale, Lawrence, Rios, Shope, Thorpe
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AN ACT
Amending sections 36‑2999.54 and 36‑2999.55, Arizona Revised Statutes; Repealing laws 2012, chapter 213, section 2; relating to Nursing facility provider assessments.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-2999.54, Arizona Revised Statutes, is amended to read:
36-2999.54. Assessments; failure to pay; suspension or revocation
A. Each nursing facility shall pay a quality assessment as prescribed pursuant to this article. The administration shall determine the assessment rate prospectively for the applicable fiscal year on a per resident day basis, exclusive of medicare resident days. The administration shall adopt rules for facility reporting of nonmedicare resident days and for payment of the assessment.
B. A nursing facility may increase its charges to other payors to incorporate the assessment but may not establish a separate line-item charge on the bill reflecting the assessment.
C. If an entity conducts, operates or maintains more than one nursing facility, the entity must pay a quality assessment for each nursing facility separately.
D. The administration may seek any of the following remedies for failure to pay an assessment:
1. Withhold any medical assistance reimbursement payments until the assessment is paid in full.
2. Suspend or revoke the nursing facility's license.
3. Require the nursing facility to pay any delinquent assessment in installments.
D. If a nursing facility does not pay the full amount of the assessment when due, the director of the Arizona health care cost containment system administration may suspend or revoke the nursing facility's Arizona health care cost containment system provider agreement registration. If the nursing facility does not comply within one hundred eighty days after the director of the Arizona health care cost containment system administration suspends or revokes the nursing facility's provider agreement, the director of the Arizona health care cost containment system administration shall notify the director of the department of health services, who shall suspend or revoke the nursing facility's license pursuant to section 36‑427.
Sec. 2. Section 36-2999.55, Arizona Revised Statutes, is amended to read:
36-2999.55. Adjustment of payments; definition
A. A nursing facility is eligible for quarterly nursing facility adjustments based on nursing facility days from the most recent cost report before the start of the fiscal year. If cost report data is unavailable for a nursing facility, the administration may use other data sources or request patient day information from the facility to estimate nursing facility days.
B. The administration shall make adjustment payments on a quarterly basis to reimburse the medicaid portion of the assessment and other covered medicaid expenditures in the aggregate within the upper payment limit. Each quarterly payment shall be made not later than thirty days after the end of the calendar quarter with the initial adjustment payment due within thirty days after approval by the centers for medicare and medicaid services of the quality assessment waiver and state plan reflecting the nursing facility adjusted payments.
C. Subject to approval by the centers for medicare and medicaid services, a nursing facility that is located outside of this state may not receive payments pursuant to this article.
C. D. For the purposes of this section, "nursing facility days" means the days of nursing facility services, including bed hold days, paid for by the Arizona medical assistance program for the applicable state fiscal year.
Sec. 3. Repeal
Laws 2012, chapter 213, section 2 is repealed.