Section 1324.22 Of Article 7.6. Skilled Nursing Facility Quality Assurance Fee From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 7.6.
1324.22
. (a) The quality assurance fee, as calculated pursuant to
Section 1324.21, shall be paid by the provider to the department for
deposit in the State Treasury on a monthly basis on or before the
last day of the month following the month for which the fee is
imposed, except as provided in subdivision (e) of Section 1324.21.
(b) On or before the last day of each calendar quarter, each
skilled nursing facility shall file a report with the department, in
a prescribed form, showing the facility's total resident days for the
preceding quarter and payments made. If it is determined that a
lesser amount was paid to the department, the facility shall pay the
amount owed in the preceding quarter to the department with the
report. Any amount determined to have been paid in excess to the
department during the previous quarter shall be credited to the
amount owed in the following quarter.
(c) On or before August 31 of each year, each skilled nursing
facility subject to an assessment pursuant to Section 1324.21 shall
report to the department, in a prescribed form, the facility's total
resident days and total payments made for the preceding state fiscal
year. If it is determined that a lesser amount was paid to the
department during the previous year, the facility shall pay the
amount owed to the department with the report.
(d) (1) A newly licensed skilled nursing facility shall complete
all requirements of subdivision (a) for any portion of the year in
which it commences operations and of subdivision (b) for any portion
of the quarter in which it commences operations.
(2) For purposes of this subdivision, "newly licensed skilled
nursing facility" means a location that has not been previously
licensed as a skilled nursing facility.
(e) (1) When a skilled nursing facility fails to pay all or part
of the quality assurance fee within 60 days of the date that payment
is due, the department may deduct the unpaid assessment and interest
owed from any Medi-Cal reimbursement payments to the facility until
the full amount is recovered. Any deduction shall be made only after
written notice to the facility and may be taken over a period of time
taking into account the financial condition of the facility.
(2) In addition to the provisions of paragraph (1), any unpaid
quality assurance fee assessed by this article shall constitute a
debt due to the state and may be collected pursuant to Section
12419.5 of the Government Code.
(f) Notwithstanding any other provision of law, the department
shall continue to assess and collect the quality assurance fee,
including any previously unpaid quality assurance fee, from each
skilled nursing facility, irrespective of any changes in ownership or
ownership interest or control or the transfer of any portion of the
assets of the facility to another owner.
(g) During the time period in which a temporary manager is
appointed to a facility pursuant to Section 1325.5 or during which a
receiver is appointed by a court pursuant to Section 1327, the State
Department of Public Health shall not be responsible for any unpaid
quality assurance fee assessed prior to the time period of the
temporary manager or receiver. Nothing in this subdivision shall
affect the responsibility of the facility to make all payments of
unpaid or current quality assurance fees, as required by this section
and Section 1324.21.
(h) If all or any part of the quality assurance fee remains
unpaid, the department may take either or both of the following
actions:
(1) Assess a penalty equal to 50 percent of the unpaid fee amount
for unpaid fees assessed during the 2004-05 to 2009-10, inclusive,
rate years, and up to 50 percent of the unpaid fee amount for unpaid
fees assessed during the 2010-11 rate year and any subsequent rate
year.
(2) (A) Delay license renewal.
(B) Beginning with the 2010-11 rate year, the department may
recommend to the State Department of Public Health that license
renewal be delayed until the full amount of the quality assurance
fee, penalties, and interest is recovered.
(i) In accordance with the provisions of the Medicaid State Plan,
the payment of the quality assurance fee shall be considered as an
allowable cost for Medi-Cal reimbursement purposes.
(j) The assessment process pursuant to this section shall become
operative not later than 60 days from receipt of federal approval of
the quality assurance fee, unless extended by the department. The
department may assess fees and collect payment in accordance with
subdivision (e) of Section 1324.21 in order to provide retroactive
payments for any rate increase authorized under this article.
(k) The amendments made to subdivision (d) and the addition of
subdivision (f) by the act that added this subdivision shall not be
construed as substantive changes, but are merely clarifying existing
law.
(l) (1) Notwithstanding any other provision of law, for the
2011-12 rate year, the department may waive the actions provided
under subdivision (h), or may allow a freestanding pediatric subacute
care facility to delay payments for up to six months, to ensure the
facility has the financial stability required to pay the fee.
(2) For the purposes of this article, "freestanding pediatric
subacute care facility" has the same meaning as defined in Section
51215.8 of Title 22 of the California Code of Regulations.