§ 1187.56. Selected administrative cost policies.
Policies for selected administrative costs are as follows:
(1) Administrative allowance.
(i) The allowable administrative costs incurred by a nursing facility to provide services are subject to the following limitation: the allowable administrative costs will be determined so that all other allowable costs, excluding capital costs, equal no less than 88% of the allowable net operating costs.
(ii) Home office cost allocations and management fees are subject to the following conditions and limitations:
(A) Home office cost allocations and management fees between related parties shall be reported without markup by the nursing facility.
(B) Costs which are not allowable, such as those related to nonworking officers or officers’ life insurance, may not be included in home office allocations or management fees.
(C) Documentation relating to home office and management costs shall be provided to the Department’s auditors upon request.
(D) Home office allocations, including administratively allowable depreciation and interest costs shall be reported on the administrative line in the MA-11.
(iii) A nursing facility providing nursing, residential and other services shall allocate the total administrative cost to nursing, residential and other services on the basis of a percentage of these costs to the total net operating costs.
(2) Other interest allowance.
(i) Other interest is an allowable administrative cost if it is necessary and proper. To be considered allowable, necessary and proper, the interest expense shall be incurred and paid within 90 days of the close of the cost reporting period on a loan made to satisfy a financial need of the nursing facility and for a purpose related to resident care. Interest incurred to pay interest is nonallowable.
(ii) Other interest may not exceed that amount which a prudent borrower would pay as described in the Medicare Provider Reimbursement Manual (CMS Pub. 15-1).
(iii) Other interest is allowable if paid on loans from the nursing facility’s donor-restricted funds, the funded depreciation account or the nursing facility’s qualified pension fund.
(iv) Moneys borrowed for the purchase or redemption of capital stock will be considered a loan for investment purposes. The interest paid on these borrowed funds is a nonallowable cost. The use of funds by the nursing facility for the redemption of capital stock will be considered as an investment of available funds.
(3) Investment income.
(i) Investment income is used to reduce allowable other interest unless the investment income is from one of the following:
(A) Gifts or grants of which the corpus and interest are restricted by the donor.
(B) Funded depreciation maintained in accordance with Federal regulations.
(C) The nursing facility’s qualified pension fund, if the interest earned remains in the fund.
(D) Issuer specified designated capital bond funds or debt service reserve funds.
(ii) Investment income on funds found to be used for purposes other than their designated purpose or commingled with other funds will be used to reduce allowable administrative interest expense.
(4) General administration expenses.
(i) Salaries of the nursing facility’s administrator, comptroller, purchasing agent, personnel director, pharmacy consultant and other persons performing general supervision or management duties are allowable as general administrative costs.
(ii) The salary or compensation costs of owners, operators or persons other than nursing facility employees shall be included as allowable costs only to the extent of their documented time and involvement in the required management of a nursing facility. These costs mean actual payment made during the cost reporting period on a current basis of salary or benefits for services rendered to the nursing facility.
(iii) If a person performs work customarily performed by different or several types of employees, the cost of the salary and other compensation allowable for the person shall be determined by the prorated customary salary and other compensation paid to employees for performing the same types of work. This cost is allowable only if adequate documentation verifying the cost is supplied by the nursing facility.
(iv) The allowable cost for a person performing necessary duties may not exceed the customary compensation and fringe benefits that an employee would normally receive while performing that work.
(5) Contracted management services.
(i) In lieu of home office allocations or management fees, a nursing facility may contract with a nonrelated management service. The cost of this contract shall be shown as an administrative cost and may not be allocated among other cost centers.
(ii) Management services contracted with a related party shall be treated as home office allocations.
Source The provisions of this § 1187.56 amended February 8, 2002, effective July 1, 2001, 32 Pa.B. 734. Immediately preceding text appears at serial pages (201543) to (201546).
Cross References This section cited in 55 Pa. Code § 1187.59 (relating to nonallowable costs); and 55 Pa. Code
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