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Ch. 503
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Martin O'Malley, Governor
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(2) THE PAYMENT OF THE ASSESSMENT BY THE NURSING
FACILITY SHALL BE BASED ON NET RECEIPTS, NOT INCLUDING MEDICARE, FOR
THE PREVIOUS 3-MONTH PERIOD FOR WHICH THE NURSING FACILITY HAS BEEN
PAID THE FULLY FUNDED MEDICAID REIMBURSEMENT RATE.
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(C) (1) ON OR BEFORE THE 60TH DAY AFTER EACH QUARTER OF THE
STATE FISCAL YEAR, EACH NURSING FACILITY SUBJECT TO THIS SECTION
SHALL PAY TO THE COMPTROLLER AN AMOUNT DETERMINED BY THE
DEPARTMENT BASED ON AN AMOUNT PER NON-MEDICARE DAY OF SERVICE
FOR THE PREVIOUS FISCAL QUARTER.
(2) THE ASSESSMENT SHALL BE BASED ON AN AMOUNT PER
PATIENT DAY, NOT INCLUDING MEDICARE DAYS, NECESSARY TO FULLY FUND
THE NURSING FACILITY PAYMENT SYSTEM AS PROVIDED UNDER SUBSECTION
(B)(3) OF THIS SECTION.
(D) (1) ALL AMOUNTS COLLECTED BY THE STATE COMPTROLLER
UNDER THIS SECTION SHALL BE DISTRIBUTED TO A SPECIAL FUND, TO BE USED
BY THE DEPARTMENT ONLY TO FUND REIMBURSEMENTS TO NURSING
FACILITIES UNDER THE MEDICAID PROGRAM.
(2) THE FUNDS ALLOCATED BY THE DEPARTMENT AS
REIMBURSEMENTS TO NURSING FACILITIES UNDER THIS SECTION SHALL BE IN
ADDITION TO AND MAY NOT SUPPLANT FUNDS ALREADY APPROPRIATED FOR
THIS PURPOSE.
(3) (I) 1. IN CONSULTATION WITH REPRESENTATIVES OF
NURSING FACILITIES AND OTHER STAKEHOLDERS, THE DEPARTMENT SHALL
DEVELOP ACCOUNTABILITY MEASURES THAT INDICATE QUALITY OF CARE OR A
COMMITMENT TO QUALITY OF CARE, TO BE USED FOR DISTRIBUTION OF A
PORTION OF THE REVENUES FROM THE ASSESSMENT UNDER THIS SECTION TO
NURSING FACILITIES SUBJECT TO THIS SUBSECTION.
2. THE ACCOUNTABILITY MEASURES DEVELOPED
UNDER THIS PARAGRAPH SHALL BE OBJECTIVE AND MEASURABLE, AND, WHEN
CONSIDERED IN COMBINATION WITH EACH OTHER, SHALL HAVE A
CORRELATION TO RESIDENTS' QUALITY OF LIFE AND CARE.
(II) BEGINNING JULY 1, 2008, SUBJECT TO RESTRICTIONS
UNDER FEDERAL LAW, UP TO 75% OF THE REVENUES FROM THE ASSESSMENT
UNDER THIS SECTION MAY BE DISTRIBUTED TO NURSING FACILITIES SUBJECT
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- 3327 -
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