2021 Session

Budget Amendments - SB1100 (Member Request)

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Chief Patron: McPike
Nursing Facility Limitations for COVID-19 Assistance (language only)

Item 313 #35s

Item 313 #35s

Health and Human Resources
Department of Medical Assistance Services


Page 382, after line 17, insert:

"AAAAAA.  Notwithstanding any other provision of law, any nursing facility that increases rates or adds special charges for residents, regardless of payer and including private pay, since the beginning of the Public Health Emergency as declared by the U.S. Secretary of Health and Human Services and during such emergency, that are significantly higher than typical inflationary increase in charges is hereby ineligible for the additional per diem rates authorized in Item 380 Paragraph LLLLL in this Act and for financial assistance provided in Item 479.10 in this Act from federal Coronavirus Relief Funds.  Upon a complaint by a resident or family member that a nursing facility has imposed higher rates or special charges that are atypical, the Department of Medical Assistance Services shall verify such action.  If the department determines the nursing facility has increased rates or imposed new charges that are atypical since the beginning of the Public Health Emergency, the department shall no longer make additional payments pursuant to the previously mentioned provisions of this act.  Furthermore, the department shall adjust future payments to such nursing facility to recapture prior payments made under those same provisions."


(This amendment provides that any nursing facility in the Commonwealth that has increased their rates or added additional charges during the public health emergency for COVD-19, that are higher than normal are not eligible for the $20 per day per diem or any financial assistance from the Coronavirus Relief Fund as authorized in the current budget. These additional funding streams were provided by the Commonwealth to assist nursing facilities during the public health emergency to help offset losses of revenue or higher costs related to the pandemic. This amendment ensures that nursing facilities that dramatically increase their charges or add special fees to recover costs during the public health emergency are not eligible for the additional state assistance and would also be required to repay any prior payments from that assistance.)