Section 1324.27 Of Article 7.6. Skilled Nursing Facility Quality Assurance Fee From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 7.6.
1324.27
. (a) (1) The department shall request approval from the
federal Centers for Medicare and Medicaid Services for the
implementation of this article. In making this request, the
department shall seek specific approval from the federal Centers for
Medicare and Medicaid Services to exempt facilities identified in
subdivision (c) of Section 1324.20, including the submission of a
request for waiver of broad-based requirement, waiver of uniform fee
requirement, or both, pursuant to paragraphs (1) and (2) of
subdivision (e) of Section 433.68 of Title 42 of the Code of Federal
Regulations.
(2) The director may alter the methodology specified in this
article, to the extent necessary to meet the requirements of federal
law or regulations or to obtain federal approval. The Director of
Health Care Services may also add new categories of exempt facilities
or apply a nonuniform fee to the skilled nursing facilities subject
to the fee in order to meet requirements of federal law or
regulations. The Director of Health Care Services may apply a zero
fee to one or more exempt categories of facilities, if necessary to
obtain federal approval.
(3) If after seeking federal approval, federal approval is not
obtained, this article shall not be implemented.
(b) The department shall make retrospective adjustments, as
necessary, to the amounts calculated pursuant to Section 1324.21 in
order to assure that the aggregate quality assurance fee for any
particular state fiscal year does not exceed 6 percent of the
aggregate annual net revenue of facilities subject to the fee.