Outside Section 150
Data Current as of: 8/19/2015
(a) Notwithstanding any general or special law to the contrary, the executive office of health and human services shall submit an application to the federal Centers for Medicare and Medicaid Services for a waiver of 42 U.S.C. section 1396b(w)(3)(B) and 42 U.S.C. section 1396b(w)(3)(C) relative to the nursing home assessment established in section 63 of chapter 118E of the General Laws.
(b) The waiver application shall seek approval to amend the classes of nursing facilities subject to the assessment and the amount of assessment liability imposed on certain nursing facilities. A nursing facility shall be classified as 1 of the following 4 classes: (i) class I, nursing facilities that do not meet the criteria for class II, III or IV; (ii) class II, non-profit continuing care retirement communities and non-profit residential care facilities; (iii) class III, non-profit facilities with total Medicaid days in excess of a threshold level of days established in regulations promulgated by the executive office of health and human services; and (iv) class IV, facilities that have not more than 100 licensed beds, do not participate in the Medicare or Medicaid programs under Title XVIII and Title XIX of the federal Social Security Act and were established and licensed in the commonwealth prior to July 30, 1965. All facilities in class I shall pay an assessment at the rate established in regulations promulgated by the secretary of health and human services in conformity with the total annual assessment revenue amount established by an appropriation act and section 63 of chapter 118E of the General Laws. Nursing facilities in class II or class III shall pay an assessment at a rate equal to 10 per cent of the assessment rate imposed on nursing facilities in class I. Nursing facilities in class IV shall be exempt from liability for the assessment established in said section 63 of said chapter 118E and as modified pursuant to this section. The waiver application shall be structured in a manner that shall qualify it for automatic approval by the federal Centers for Medicare and Medicaid Services pursuant to 42 C.F.R. 433.68.