Section 1324.28 Of Article 7.6. Skilled Nursing Facility Quality Assurance Fee From California Health And Safety Code >> Division 2. >> Chapter 2. >> Article 7.6.
1324.28
. (a) This article shall be implemented as long as both of
the following conditions are met:
(1) The state receives federal approval of the quality assurance
fee from the federal Centers for Medicare and Medicaid Services.
(2) Legislation is enacted in the 2004 legislative session making
an appropriation from the General Fund and from the Federal Trust
Fund to fund a rate increase for skilled nursing facilities, as
defined under subdivision (c) of Section 1250, for the 2004-05 rate
year in an amount consistent with the Medi-Cal rates that specific
facilities would have received under the rate methodology in effect
as of July 31, 2004, plus the proportional costs as projected by
Medi-Cal for new state or federal mandates.
(b) This article shall remain operative only as long as all of the
following conditions are met:
(1) The federal Centers for Medicare and Medicaid Services
continues to allow the use of the provider assessment provided in
this article.
(2) The Medi-Cal Long-Term Care Reimbursement Act, Article 3.8
(commencing with Section 14126) of Chapter 7 of Part 3 of Division 9
of the Welfare and Institutions Code, as added during the 2003-04
Regular Session by the act adding this section, is enacted and
implemented on or before July 31, 2005, or as extended as provided in
that article, and remains in effect thereafter.
(3) The state has continued its maintenance of effort for the
level of state funding of nursing facility reimbursement for the
2005-06 rate year, and for every subsequent rate year continuing
through the 2011-12 rate year, in an amount not less than the amount
that specific facilities would have received under the rate
methodology in effect on July 31, 2004, plus Medi-Cal's projected
proportional costs for new state or federal mandates, not including
the quality assurance fee.
(4) The full amount of the quality assurance fee assessed and
collected pursuant to this article remains available for the purposes
specified in Section 1324.25 and for related purposes.
(c) If all of the conditions in subdivision (a) are met, this
article is implemented, and subsequently, any one of the conditions
in subdivision (b) is not met, on and after the date that the
department makes that determination, this article shall not be
implemented, notwithstanding that the condition or conditions
subsequently may be met.
(d) Notwithstanding subdivisions (a), (b), and (c), in the event
of a final judicial determination made by any state or federal court
that is not appealed, or by a court of appellate jurisdiction that is
not further appealed, in any action by any party, or a final
determination by the administrator of the federal Centers for
Medicare and Medicaid Services, that federal financial participation
is not available with respect to any payment made under the
methodology implemented pursuant to this article because the
methodology is invalid, unlawful, or contrary to any provision of
federal law or regulations, or of state law, this section shall
become inoperative.