N.D. Admin. Code 75-02-07.1-22

Current through Supplement No. 395, January, 2025

Section 75-02-07.1-22 - Rate limitations

Historical costs, as adjusted, for all facilities for which a rate is established excluding specialized facilities for individuals with mental disease, must be used in the establishment of a limit rate for the direct care and indirect care cost categories. The actual rate for each cost category for each facility must be determined in accordance with this chapter. When establishing a facility's rate:

1. Except for a specialized facility for individuals with mental disease, a facility with an actual rate that exceeds the limit rate for direct care cost category shall receive the limit rate for that cost category;

2. A specialized facility for individuals with mental disease with an actual rate that exceeds two times the limit rate for the direct care cost category shall receive the limit rate times two for that cost category; and

3. A facility with an actual rate that exceeds the limit rate for the indirect care cost category shall receive the limit rate for that cost category. A facility shall receive an operating margin of three percent based on the lesser of the actual direct care rate, exclusive of the adjustment factor, or the direct care limit rate, exclusive of the adjustment factor, established for the rate year.

4. The July 1, 2023, direct care limit rate is seventy-six dollars and ninety-one cents.

5. The July 1, 2023, indirect care limit rate is sixty-two dollars and seventy-nine cents.

6. The department may use an adjustment factor to calculate the direct care and indirect care limits for future rate years within legislative appropriation.

N.D. Admin Code 75-02-07.1-22

Effective July 1, 1996; amended effective July 1, 1998; July 1, 1999; amendments partially voided by the Administrative Rules Committee effective June 5, 2000; amended July 1, 2001; February 1, 2007; October 1, 2011.

Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .

Amended by Administrative Rules Supplement 368, April 2018, effective 4/1/2018.

Amended by Administrative Rules Supplement 2023-391, January 2024, effective 1/1/2024.

General Authority: NDCC 50-06-16, 50-24.5-02(3)

Law Implemented: NDCC 50-24.5-02(3)