C.M.R. 10, 144, ch. 101, ch. III, 144-101-III-67, subsec. 144-101-III-67-30

Current through 2024-44, October 30, 2024
Subsection 144-101-III-67-30 - DECERTIFICATION/DELICENSING OF NURSING FACILITY BEDS
30.1 Any request for delicensing/decertification of nursing facility beds must be submitted to the Department for review by Office of MaineCare Services. In addition to those guidelines, a floor plan must be submitted to the Office of MaineCare Services that describes the intended use, if any, of the space that the beds previously occupied. This floor plan will be reviewed by the Department. Reasons that the Department may deny the space as reimbursable under these Principles includes, but is not limited to, the following:
30.1.1 the use of the space is not reimbursable under the criteria contained in these Principles,
30.1.2 the proposed purpose of the use of the space has already been designated by other space within the facility and this would constitute duplication of use,
30.1.3 the proposed use of the space is not deemed to be in the best interest of the physical, emotional, and safety needs of the residents (In this case, a recommendation by the Department may be made for an alternative use of the space).
30.2 The following cost components shall be decreased by a percentage equal to the percentage of bed days decreased by the delicensing/decertification of the beds. Total bed days used to calculate this percentage will be the audited days (as filed if audited days are not available) from the base year cost report. The example used in Principle 29.2 to also applicable to this Principle. This percentage decrease would be used in the calculation of the new rate for the following cost components based on what the total audited costs (as filed, if audited costs are not available) in the base year:
30.2.1Routine Cost Component
30.2.1.1 Administrative and Management Ceiling.
30.2.1.2 Housekeeping Supplies
30.2.1.3 Laundry Supplies
30.2.1.4 Dietary Supplies
30.2.1.5 Patient Activity Supplies
30.2.1.6 Food Costs
30.3Direct Care Cost Component - The Direct Care Cost Component will be decreased, subject to Licensing and Certification Regulations, by a percentage equal to fifty percent (50%) of the total percentage decrease based on the audited costs (as filed, if audited costs are not available) in the base year for the following areas:
30.3.1 RNs
30.3.2 LPNs
30.3.3 CNAs, CNAs-M
30.3.4 Contract Nursing
30.3.5 Payroll Benefits and taxes for 90.31 through 90.34.
30.3.6 Medical Supplies/Medicine and Drugs

(e.g. Using the example in Principle 29.2 of a twenty-five percent (25%) decrease, if the total audited costs (as filed, if audited costs are not available) of the RNs, LPNs, CNAs, CNAs-M, Contract Nursing, and benefits and taxes were $400,000 in the base year, the allowable costs for this component would be reduced by $50,000 or twelve and one half percent (12.5%). The ratio of labor costs to benefits and taxes as contained in the base year cost report would be used in the determination of the amounts decreased in each of those areas.) Reimbursement rates and all rate letters will have an effective date of the first day of the subsequent month after the date of the licensure change.)

30.4 MaineCare savings derived from the delicensing of nursing facility beds must be credited to the MaineCare funding pool, in accordance with 22 MRSA §333-A. Pursuant to 22 MRSA §329(6), the nursing facility savings are not available to fund new MaineCare residential care beds.

C.M.R. 10, 144, ch. 101, ch. III, 144-101-III-67, subsec. 144-101-III-67-30