BILL REQ. #: Z-0048.3
State of Washington | 59th Legislature | 2005 Regular Session |
Read first time 02/22/2005. Referred to Committee on Appropriations.
AN ACT Relating to technical improvements to the medicaid nursing home rate setting process; and amending RCW 74.46.431, 74.46.506, and 43.20B.695.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 74.46.431 and 2004 c 276 s 913 are each amended to
read as follows:
(1) Effective July 1, 1999, nursing facility medicaid payment rate
allocations shall be facility-specific and shall have seven components:
Direct care, therapy care, support services, operations, property,
financing allowance, and variable return. The department shall
establish and adjust each of these components, as provided in this
section and elsewhere in this chapter, for each medicaid nursing
facility in this state.
(2) All component rate allocations for essential community
providers as defined in this chapter shall be based upon a minimum
facility occupancy of eighty-five percent of licensed beds, regardless
of how many beds are set up or in use. For all facilities other than
essential community providers, effective July 1, 2001, component rate
allocations in direct care, therapy care, support services, variable
return, operations, property, and financing allowance shall continue to
be based upon a minimum facility occupancy of eighty-five percent of
licensed beds. For all facilities other than essential community
providers, effective July 1, 2002, the component rate allocations in
operations, property, and financing allowance shall be based upon a
minimum facility occupancy of ninety percent of licensed beds,
regardless of how many beds are set up or in use.
(3) Information and data sources used in determining medicaid
payment rate allocations, including formulas, procedures, cost report
periods, resident assessment instrument formats, resident assessment
methodologies, and resident classification and case mix weighting
methodologies, may be substituted or altered from time to time as
determined by the department.
(4)(a) Direct care component rate allocations shall be established
using adjusted cost report data covering at least six months. Adjusted
cost report data from 1996 will be used for October 1, 1998, through
June 30, 2001, direct care component rate allocations; adjusted cost
report data from 1999 will be used for July 1, 2001, through June 30,
2005, direct care component rate allocations. Adjusted cost report
data from 1999 will continue to be used for July 1, 2005, and later
direct care component rate allocations.
(b) Direct care component rate allocations based on 1996 cost
report data shall be adjusted annually for economic trends and
conditions by a factor or factors defined in the biennial
appropriations act. A different economic trends and conditions
adjustment factor or factors may be defined in the biennial
appropriations act for facilities whose direct care component rate is
set equal to their adjusted June 30, 1998, rate, as provided in RCW
74.46.506(5)(i).
(c) Direct care component rate allocations based on 1999 cost
report data shall be adjusted annually for economic trends and
conditions by a factor or factors defined in the biennial
appropriations act. A different economic trends and conditions
adjustment factor or factors may be defined in the biennial
appropriations act for facilities whose direct care component rate is
set equal to their adjusted June 30, 1998, rate, as provided in RCW
74.46.506(5)(i).
(5)(a) Therapy care component rate allocations shall be established
using adjusted cost report data covering at least six months. Adjusted
cost report data from 1996 will be used for October 1, 1998, through
June 30, 2001, therapy care component rate allocations; adjusted cost
report data from 1999 will be used for July 1, 2001, through June 30,
2005, therapy care component rate allocations. Adjusted cost report
data from 1999 will continue to be used for July 1, 2005, and later
therapy care component rate allocations.
(b) Therapy care component rate allocations shall be adjusted
annually for economic trends and conditions by a factor or factors
defined in the biennial appropriations act.
(6)(a) Support services component rate allocations shall be
established using adjusted cost report data covering at least six
months. Adjusted cost report data from 1996 shall be used for October
1, 1998, through June 30, 2001, support services component rate
allocations; adjusted cost report data from 1999 shall be used for July
1, 2001, through June 30, 2005, support services component rate
allocations. Adjusted cost report data from 1999 will continue to be
used for July 1, 2005, and later support services component rate
allocations.
(b) Support services component rate allocations shall be adjusted
annually for economic trends and conditions by a factor or factors
defined in the biennial appropriations act.
(7)(a) Operations component rate allocations shall be established
using adjusted cost report data covering at least six months. Adjusted
cost report data from 1996 shall be used for October 1, 1998, through
June 30, 2001, operations component rate allocations; adjusted cost
report data from 1999 shall be used for July 1, 2001, through June 30,
2005, operations component rate allocations. Adjusted cost report data
from 1999 will continue to be used for July 1, 2005, and later
operations component rate allocations.
(b) Operations component rate allocations shall be adjusted
annually for economic trends and conditions by a factor or factors
defined in the biennial appropriations act.
(8) For July 1, 1998, through September 30, 1998, a facility's
property and return on investment component rates shall be the
facility's June 30, 1998, property and return on investment component
rates, without increase. For October 1, 1998, through June 30, 1999,
a facility's property and return on investment component rates shall be
rebased utilizing 1997 adjusted cost report data covering at least six
months of data.
(9) Total payment rates under the nursing facility medicaid payment
system shall not exceed facility rates charged to the general public
for comparable services.
(10) Medicaid contractors shall pay to all facility staff a minimum
wage of the greater of the state minimum wage or the federal minimum
wage.
(11) The department shall establish in rule procedures, principles,
and conditions for determining component rate allocations for
facilities in circumstances not directly addressed by this chapter,
including but not limited to: The need to prorate inflation for
partial-period cost report data, newly constructed facilities, existing
facilities entering the medicaid program for the first time or after a
period of absence from the program, existing facilities with expanded
new bed capacity, existing medicaid facilities following a change of
ownership of the nursing facility business, facilities banking beds or
converting beds back into service, facilities temporarily reducing the
number of set-up beds during a remodel, facilities having less than six
months of either resident assessment, cost report data, or both, under
the current contractor prior to rate setting, and other circumstances.
(12) The department shall establish in rule procedures, principles,
and conditions, including necessary threshold costs, for adjusting
rates to reflect capital improvements or new requirements imposed by
the department or the federal government. Any such rate adjustments
are subject to the provisions of RCW 74.46.421.
(13) Effective July 1, 2001, medicaid rates shall continue to be
revised downward in all components, in accordance with department
rules, for facilities converting banked beds to active service under
chapter 70.38 RCW, by using the facility's increased licensed bed
capacity to recalculate minimum occupancy for rate setting. However,
for facilities other than essential community providers which bank beds
under chapter 70.38 RCW, after May 25, 2001, medicaid rates shall be
revised upward, in accordance with department rules, in direct care,
therapy care, support services, and variable return components only, by
using the facility's decreased licensed bed capacity to recalculate
minimum occupancy for rate setting, but no upward revision shall be
made to operations, property, or financing allowance component rates.
(14) Facilities obtaining a certificate of need or a certificate of
need exemption under chapter 70.38 RCW after June 30, 2001, must have
a certificate of capital authorization in order for (a) the
depreciation resulting from the capitalized addition to be included in
calculation of the facility's property component rate allocation; and
(b) the net invested funds associated with the capitalized addition to
be included in calculation of the facility's financing allowance rate
allocation.
Sec. 2 RCW 74.46.506 and 2001 1st sp.s. c 8 s 10 are each amended
to read as follows:
(1) The direct care component rate allocation corresponds to the
provision of nursing care for one resident of a nursing facility for
one day, including direct care supplies. Therapy services and
supplies, which correspond to the therapy care component rate, shall be
excluded. The direct care component rate includes elements of case mix
determined consistent with the principles of this section and other
applicable provisions of this chapter.
(2) Beginning October 1, 1998, the department shall determine and
update quarterly for each nursing facility serving medicaid residents
a facility-specific per-resident day direct care component rate
allocation, to be effective on the first day of each calendar quarter.
In determining direct care component rates the department shall
utilize, as specified in this section, minimum data set resident
assessment data for each resident of the facility, as transmitted to,
and if necessary corrected by, the department in the resident
assessment instrument format approved by federal authorities for use in
this state.
(3) The department may question the accuracy of assessment data for
any resident and utilize corrected or substitute information, however
derived, in determining direct care component rates. The department is
authorized to impose civil fines and to take adverse rate actions
against a contractor, as specified by the department in rule, in order
to obtain compliance with resident assessment and data transmission
requirements and to ensure accuracy.
(4) Cost report data used in setting direct care component rate
allocations shall be 1996 and 1999, for rate periods as specified in
RCW 74.46.431(4)(a).
(5) Beginning October 1, 1998, the department shall rebase each
nursing facility's direct care component rate allocation as described
in RCW 74.46.431, adjust its direct care component rate allocation for
economic trends and conditions as described in RCW 74.46.431, and
update its medicaid average case mix index, consistent with the
following:
(a) Reduce total direct care costs reported by each nursing
facility for the applicable cost report period specified in RCW
74.46.431(4)(a) to reflect any department adjustments, and to eliminate
reported resident therapy costs and adjustments, in order to derive the
facility's total allowable direct care cost;
(b) Divide each facility's total allowable direct care cost by its
adjusted resident days for the same report period, increased if
necessary to a minimum occupancy of eighty-five percent; that is, the
greater of actual or imputed occupancy at eighty-five percent of
licensed beds, to derive the facility's allowable direct care cost per
resident day;
(c) Adjust the facility's per resident day direct care cost by the
applicable factor specified in RCW 74.46.431(4) (b) and (c) to derive
its adjusted allowable direct care cost per resident day;
(d) Divide each facility's adjusted allowable direct care cost per
resident day by the facility average case mix index for the applicable
quarters specified by RCW 74.46.501(7)(b) to derive the facility's
allowable direct care cost per case mix unit;
(e) Effective for July 1, 2001, rate setting, divide nursing
facilities into at least two and, if applicable, three peer groups:
Those located in nonurban counties; those located in high labor-cost
counties, if any; and those located in other urban counties;
(f) Array separately the allowable direct care cost per case mix
unit for all facilities in nonurban counties; for all facilities in
high labor-cost counties, if applicable; and for all facilities in
other urban counties, and determine the median allowable direct care
cost per case mix unit for each peer group;
(g) Except as provided in (i) of this subsection, from October 1,
1998, through June 30, 2000, determine each facility's quarterly direct
care component rate as follows:
(i) Any facility whose allowable cost per case mix unit is less
than eighty-five percent of the facility's peer group median
established under (f) of this subsection shall be assigned a cost per
case mix unit equal to eighty-five percent of the facility's peer group
median, and shall have a direct care component rate allocation equal to
the facility's assigned cost per case mix unit multiplied by that
facility's medicaid average case mix index from the applicable quarter
specified in RCW 74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit is greater
than one hundred fifteen percent of the peer group median established
under (f) of this subsection shall be assigned a cost per case mix unit
equal to one hundred fifteen percent of the peer group median, and
shall have a direct care component rate allocation equal to the
facility's assigned cost per case mix unit multiplied by that
facility's medicaid average case mix index from the applicable quarter
specified in RCW 74.46.501(7)(c);
(iii) Any facility whose allowable cost per case mix unit is
between eighty-five and one hundred fifteen percent of the peer group
median established under (f) of this subsection shall have a direct
care component rate allocation equal to the facility's allowable cost
per case mix unit multiplied by that facility's medicaid average case
mix index from the applicable quarter specified in RCW 74.46.501(7)(c);
(h) Except as provided in (i) of this subsection, from July 1,
2000, forward, and for all future rate setting, determine each
facility's quarterly direct care component rate as follows:
(i) Any facility whose allowable cost per case mix unit is less
than ninety percent of the facility's peer group median established
under (f) of this subsection shall be assigned a cost per case mix unit
equal to ninety percent of the facility's peer group median, and shall
have a direct care component rate allocation equal to the facility's
assigned cost per case mix unit multiplied by that facility's medicaid
average case mix index from the applicable quarter specified in RCW
74.46.501(7)(c);
(ii) Any facility whose allowable cost per case mix unit is greater
than one hundred ten percent of the peer group median established under
(f) of this subsection shall be assigned a cost per case mix unit equal
to one hundred ten percent of the peer group median, and shall have a
direct care component rate allocation equal to the facility's assigned
cost per case mix unit multiplied by that facility's medicaid average
case mix index from the applicable quarter specified in RCW
74.46.501(7)(c);
(iii) Any facility whose allowable cost per case mix unit is
between ninety and one hundred ten percent of the peer group median
established under (f) of this subsection shall have a direct care
component rate allocation equal to the facility's allowable cost per
case mix unit multiplied by that facility's medicaid average case mix
index from the applicable quarter specified in RCW 74.46.501(7)(c);
(i)(i) Between October 1, 1998, and June 30, 2000, the department
shall compare each facility's direct care component rate allocation
calculated under (g) of this subsection with the facility's nursing
services component rate in effect on September 30, 1998, less therapy
costs, plus any exceptional care offsets as reported on the cost
report, adjusted for economic trends and conditions as provided in RCW
74.46.431. A facility shall receive the higher of the two rates.
(ii) Between July 1, 2000, and June 30, 2002, the department shall
compare each facility's direct care component rate allocation
calculated under (h) of this subsection with the facility's direct care
component rate in effect on June 30, 2000. A facility shall receive
the higher of the two rates. Between July 1, 2001, and June 30, 2002,
if during any quarter a facility whose rate paid under (h) of this
subsection is greater than either the direct care rate in effect on
June 30, 2000, or than that facility's allowable direct care cost per
case mix unit calculated in (d) of this subsection multiplied by that
facility's medicaid average case mix index from the applicable quarter
specified in RCW 74.46.501(7)(c), the facility shall be paid in that
and each subsequent quarter pursuant to (h) of this subsection and
shall not be entitled to the greater of the two rates.
(iii) Effective July 1, 2002, all direct care component rate
allocations shall be as determined under (h) of this subsection.
(6) The direct care component rate allocations calculated in
accordance with this section shall be adjusted to the extent necessary
to comply with RCW 74.46.421.
(7) Costs related to payments resulting from increases in direct
care component rates, granted under authority of RCW 74.46.508(1) for
a facility's exceptional care residents, shall be offset against the
facility's examined, allowable direct care costs, for each report year
or partial period such increases are paid. Such reductions in
allowable direct care costs shall be for rate setting, settlement, and
other purposes deemed appropriate by the department.
Sec. 3 RCW 43.20B.695 and 1987 c 283 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (4) of this section, vendors
shall pay interest on overpayments at the rate of one percent per month
or portion thereof. Where partial repayment of an overpayment is made,
interest accrues on the remaining balance. Interest will not accrue
when the overpayment occurred due to department error.
(2) If the overpayment is discovered by the vendor prior to
discovery and notice by the department, the interest shall begin
accruing ninety days after the vendor notifies the department of such
overpayment.
(3) If the overpayment is discovered by the department prior to
discovery and notice by the vendor, the interest shall begin accruing
as follows, whichever occurs first:
(a) Thirty days after the date of notice by the department to the
vendor; or
(b) Ninety days after the date of overpayment to the vendor.
(4) This section does not apply to:
(a) Interagency or intergovernmental transactions;
(b) Contracts for public works, goods and services procured for the
exclusive use of the department, equipment, or travel; ((and))
(c) Contracts entered into before September 1, 1979, for contracts
with medical assistance funding, and August 23, 1983, for all other
contracts; and
(d) Nursing homes under chapter 74.46 RCW.