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2007 Laws of Maryland
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Ch. 503
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(A) (1) IN THIS SECTION, EXCEPT AS PROVIDED IN PARAGRAPH (2) OF
THIS SUBSECTION, "NURSING FACILITY" HAS THE MEANING STATED IN § 19-301
OF THIS SUBTITLE.
"NURSING FACILITY" DOES NOT INCLUDE A FACILITY THAT
PROVIDES CONTINUING CARE AS DEFINED IN § 10-401 OF THE HUMAN
SERVICES ARTICLE THIS SECTION APPLIES TO A NURSING FACILITY, AS
DEFINED IN § 19-301 OF THIS SUBTITLE, THAT:
(I) HAS 45 OR MORE BEDS; AND
(II) OPERATES IN THE STATE.
(2) THIS SECTION DOES NOT APPLY TO A NURSING HOME BED IN
A CONTINUING CARE RETIREMENT COMMUNITY THAT HAS OBTAINED A
CERTIFICATE OF REGISTRATION TO PROVIDE CONTINUING CARE UNDER TITLE
10. SUBTITLE 4 OF THE HUMAN SERVICES ARTICLE.
(B) (1) THE DEPARTMENT MAY IMPOSE A QUALITY ASSESSMENT ON
EACH FREESTANDING NURSING FACILITY OPERATING IN THE STATE WITH 45 OR
MORE BEDS SUBJECT TO THIS SECTION.
(2) THE AMOUNT ASSESSED PER NURSING FACILITY IN THE
AGGREGATE ON ALL NURSING FACILITIES MAY NOT EXCEED 2% OF THE NET
OPERATING REVENUE FOR ALL NURSING FACILITIES OPERATING IN THE STATE
SUBJECT TO THIS SECTION FOR THE PREVIOUS 3-MONTH PERIOD FISCAL
QUARTER.
(3) THE AGGREGATE ANNUAL ASSESSMENT MAY NOT EXCEED THE
AMOUNT NECESSARY TO FULLY FUND THE NURSING FACILITY PAYMENT SYSTEM
TAKING INTO CONSIDERATION ANY OTHER REVENUE SOURCE OR COST SAVINGS
THE DEPARTMENT DETERMINES COULD BE USED TO REDUCE FUNDING
SHORTFALLS.
(4) THE ASSESSMENT AUTHORIZED BY THIS SECTION SHALL BE
PAID BY EACH NURSING FACILITY IN ACCORDANCE WITH THIS SECTION.
(C) (1) ON OR BEFORE THE 15TH DAY OF EACH QUARTER OF THE
STATE FISCAL YEAR, EACH NURSING FACILITY SHALL PAY TO THE STATE
COMPTROLLER AN AMOUNT DETERMINED BY THE DEPARTMENT BASED ON THE
EXCLUDING REVENUE FROM THE MEDICARE PROGRAM.
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- 3326 -
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