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PA Bulletin, Doc. No. 12-1916

NOTICES

Nursing Facility Assessment Program

[42 Pa.B. 6223]
[Saturday, September 29, 2012]

 This notice announces the updated proposed assessment rates and the updated estimated aggregate impact on nursing facilities that will be subject to the assessment under the Nursing Facility Assessment Program beginning Fiscal Year (FY) 2012-2013.

Background

 The Department of Public Welfare (Department) published a notice at 42 Pa.B. 3820 (June 30, 2012) announcing the proposed assessment rates, the proposed assessment methodology and the estimated aggregate impact on nursing facilities that will be subject to the assessment under the Nursing Facility Assessment Program beginning Fiscal Year (FY) 2012-2013. As explained in that notice, Article VIII-A of the Public Welfare Code (code) (62 P. S. §§ 801-A—815-A) authorizes the Secretary of the Department (Secretary) to determine the aggregate amount of the assessment and the annual assessment rate in consultation with the Secretary of the Budget. See section 804-A of the code (62 P. S. § 804-A). The law specifies that annual assessment rates must be sufficient to generate at least $50 million in additional revenue, but not more than the maximum aggregate assessment amount that qualifies for Federal matching funds. See section 805-A of the code (62 P. S. § 805-A). The maximum aggregate assessment amount that qualifies for Federal matching funds was recalculated after passage of the General Appropriations Act of 2012.

 This notice announces the updated assessment rates that the Department is proposing to implement in FY 2012-2013 and the updated estimated aggregate impact on nursing facilities that will be subject to the assessment in FY 2012-2013. There is no change to the proposed assessment methodology announced at 42 Pa.B. 3820.

Updated Proposed Assessment Rates

 The updated proposed assessment rates for FY 2012-2013 are as follows:

 (1) For county nursing facilities, for nursing facilities that have 50 or fewer licensed beds and for grandfathered Continuing Care Retirement Community nursing facilities, the assessment rate will be $8.09 per non-Medicare resident day.

 (2) For all other nonexempt nursing facilities, the assessment rate will be $29.54 per non-Medicare resident day.

Aggregate Assessment Amounts and Fiscal Impact

 The Department estimates that if the proposed assessment rates are implemented the annual aggregate assessment fees for nonexempt nursing facilities will total $463.851 million. The Department will use the revenue derived from the assessment fees and any associated Federal matching funds to support payments to qualified MA nursing facility providers in accordance with applicable laws and regulations.

Public Comment

 Interested persons are invited to submit written comments regarding the contents of this notice to Marilyn Yocum, Department of Public Welfare/Department of Aging, Office of Long-Term Living, Bureau of Policy and Strategic Planning, 555 Walnut Street, Forum Place, 5th Floor, Harrisburg, PA 17101-1919. Comments must be submitted within 30 days of publication of the notice. See section 805-A of the code. After considering the comments, the Secretary will publish another notice announcing the final assessment rates for FY 2012-2013. The Department will not begin collecting assessment fees until after the publication of the final assessment rate notice.

 Persons with a disability who require an auxiliary aid or service may submit comments using the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).

GARY D. ALEXANDER, 
Secretary

Fiscal Note: 14-NOT-795. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 12-1916. Filed for public inspection September 28, 2012, 9:00 a.m.]



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