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2007 Laws of Maryland
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Ch. 503
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TO THIS SUBSECTION BASED ON THE ACCOUNTABILITY MEASURES DEVELOPED
UNDER THIS PARAGRAPH.
(III) THE DISTRIBUTION OF REVENUES AS PROVIDED IN THIS
PARAGRAPH SHALL BE USED AS AN INCENTIVE FOR NURSING FACILITIES TO
PROVIDE QUALITY CARE AND MAY NOT BE USED TO DIRECTLY OR INDIRECTLY
HOLD HARMLESS ANY NURSING FACILITY.
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(E) THE DEPARTMENT SHALL ADOPT REGULATIONS TO IMPLEMENT
THIS SECTION.
(F) ON OR BEFORE MARCH 1, 2008, AND EACH YEAR THEREAFTER, THE
DEPARTMENT SHALL REPORT TO THE GENERAL ASSEMBLY, IN ACCORDANCE
WITH § 2-1246 OF THE STATE GOVERNMENT ARTICLE, ON THE
IMPLEMENTATION OF THIS SECTION, INCLUDING:
(1) THE PERCENTAGE AND AMOUNT OF THE ASSESSMENT
CHARGED TO EACH NURSING FACILITY SUBJECT TO THIS SECTION;
(2) THE NUMBER OF NURSING FACILITIES SUBJECT TO THIS
SECTION WITH A NET LOSS; AND
(3) A COMPARISON OF THE TOTAL AMOUNT PROVIDED IN THE
MEDICAID BUDGET FOR NURSING HOME REIMBURSEMENT IN THE CURRENT
FISCAL YEAR TO THE AMOUNT PROPOSED FOR THE UPCOMING FISCAL YEAR.
SECTION 2. AND BE IT FURTHER ENACTED, That the Department of
Health and Mental Hygiene;
(1) shall seek approval from the Centers for Medicare and Medicaid
Services of a waiver under § 1903 of the federal Social Security Act that would allow
the State to receive tax revenue (within specified limitations) without a reduction in
federal financial participation, specifically by excluding a continuing care facility from
the definition of "nursing facility" under § 19-310.1 of the
Health - General Article as enacted by this Act nursing home bed in a continuing care
retirement community under § 19-310.1(a)(2) of the Health - General Article, as
enacted bv Section 1 of this Act; and
(2) may modify the minimum licensed bed capacity of a nursing
facility subject to the imposition of a quality assessment under § 19-310.1 of the
Health - General Article, as enacted bv Section 1 of this Act, or other elements that
determine the quality assessment, as required bv the Centers for Medicare and
Medicaid Services as a condition for the approval of the waiver applied for under item
(1) of this section.
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- 3328 -
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