ARC 5306C

ARC 5306C

HUMAN SERVICES DEPARTMENT[441]

Adopted and Filed

Rule making related to nursing facilities

The Human Services Department hereby amends Chapter 36, "Facility Assessments," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code chapter 249L.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 249L.

Purpose and Summary

Nursing facilities are required to pay a quality assurance assessment of $12.75 unless the nursing facility has 46 or fewer beds, is designated as a continuing care retirement center by the Insurance Division of the Iowa Department of Commerce, or has 21,000 or more Medicaid days, in which case the facility is required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Under these amendments, the annual nursing facility determination will match up with the submission of cost reports.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 9, 2020, as ARC 5165C. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Council on Human Services on November 9, 2020.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 441—1.8(17A,217).

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on July 1, 2021.

The following rule-making actions are adopted:

Item 1. Amend paragraph 36.6(2)"a" as follows:

a. Effective July 1, 2019, nursing facilities with 46 or fewer licensed beds are required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Effective with assessment for the state fiscal year beginning July 1, 2012 2021, the number of licensed beds on file with the department of inspections and appeals as of May June 1 of each year shall be used to determine the assessment level for the following state fiscal year.

Item 2. Amend paragraph 36.6(2)"b" as follows:

b. Effective July 1, 2019, nursing facilities designated as continuing care retirement centers (CCRCs) by the insurance division of the Iowa department of commerce are required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Effective with assessment for the state fiscal year beginning July 1, 2012 2021, continuing care retirement center designations as of May June 1 of each year shall be used to determine the assessment level for the following state fiscal year.

Item 3. Amend paragraph 36.6(2)"c" as follows:

c. Effective July 1, 2019, nursing facilities with annual Iowa Medicaid patient days of 21,000 or more are required to pay a quality assurance assessment of $2.45 per non-Medicare patient day. Effective with assessment for the state fiscal year beginning July 1, 2012 2021, the annual number of Iowa Medicaid patient days reported in the most current cost report submitted to the Iowa Medicaid enterprise as of May June 1 of each year shall be used to determine the assessment level for the following state fiscal year.

[Filed 11/10/20, effective 7/1/21]

[Published 12/2/20]

Editor's Note: For replacement pages for IAC, see IAC Supplement 12/2/20.