26B-1-332. Nursing Care Facilities Provider Assessment Fund — Creation — Administration — Uses.
| (1) |
There is created an expendable special revenue fund known as the “Nursing Care Facilities Provider Assessment Fund” consisting of:
Terms Used In Utah Code 26B-1-332- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
| (a) |
the assessments collected by the department under 4; |
| (b) |
fines paid by nursing care facilities for excessive Medicare inpatient revenue under Section 26B-2-222; |
| (c) |
money appropriated or otherwise made available by the Legislature; |
| (d) |
any interest earned on the fund; and |
| (e) |
penalties levied with the administration of 4. |
|
| (2) |
Money in the fund shall only be used by the Medicaid program:
| (a) |
to the extent authorized by federal law, to obtain federal financial participation in the Medicaid program; |
| (b) |
to provide the increased level of hospice reimbursement resulting from the nursing care facilities assessment imposed under Section 26B-3-403; |
| (c) |
for the Medicaid program to make quality incentive payments to nursing care facilities , subject to approval of a Medicaid state plan amendment to do so by the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services ; |
| (d) |
to increase the rates paid before July 1, 2004, to nursing care facilities for providing services pursuant to the Medicaid program; and |
| (e) |
for administrative expenses, if the administrative expenses for the fiscal year do not exceed 3% of the money deposited into the fund during the fiscal year. |
|
| (3) |
The department may not spend the money in the fund to replace existing state expenditures paid to nursing care facilities for providing services under the Medicaid program, except for increased costs due to hospice reimbursement under Subsection (2)(b). |
Renumbered and Amended by Chapter 305, 2023 General Session
