Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R414. Health, Health Care Financing, Coverage and Reimbursement Policy.

Rule R414-401. Nursing Care Facility Assessment.

As in effect on August 1, 2019

Table of Contents

R414-401-1. Introduction and Authority.

(1) This rule implements the assessment imposed on certain nursing care facilities by Title 26, Chapter 35a.

(2) This rule implements reporting requirements, which allow the Department to have the required occupancy information needed to evaluate requests under Title 26, Chapter 18, Part 5.

(3) The rule is authorized by Section 26-1-30, Title 26, Chapter 35a, and Title 26, Chapter 18, Part 5.

R414-401-2. Definitions.

(1) The definitions in Section 26-35a-103 apply to this rule.

(2) The definitions in Rule R414-1 apply to this rule.

(3) The definitions in Section 26-18-501 apply to the reporting and auditing requirements found in Section R414-401-4.

R414-401-3. Assessment.

(1) The collection agent for the nursing care facility assessment shall be the Department, which is vested with the administration and enforcement of the assessment.

(2) The uniform rate of assessment for every facility is $24.61 per non-Medicare patient day provided by the facility, except that intermediate care facilities for people with intellectual disabilities shall be assessed at the uniform rate of $8.28 per patient day. Swing bed facilities shall be assessed the uniform rate for nursing facilities.

(3) Each nursing care facility must pay its assessment monthly on or before the last day of the succeeding month, and shall not combine payments of assessments with other nursing care facilities owned or controlled by a single entity.

R414-401-4. Reporting and Auditing Requirements.

Facilities subject to the assessment in Title 26, Chapter 35a, shall submit one report for each facility. The reporting and auditing requirements are as follows:

(1) Each nursing care facility, shall file with the Department a report for the month on or before the end of the succeeding month.

(2) Each report shall be on the Department-approved form, and shall disclose the total number of patient days in the facility, by designated category, during the period covered by the report.

(3) Each nursing care facility shall supply the data required in the report and certify the information is accurate.

(4) Each nursing care facility shall maintain complete and accurate records. The Department may inspect the records and the records of the facility's owners to verify compliance.

(5) Separate nursing care facilities owned or controlled by a single entity shall not combine reports.

(6) Providers may update previously submitted patient day assessment reports for 90 days following the original submission date.

(7) Penalties for failure to submit the report are described in Section R432-150-8.

R414-401-5. Penalties and Interest.

(1) The penalties for failure to file a report, to pay the assessment due within the time prescribed, to pay within 30 days of a notice of deficiency of the assessment are provided in Section 26-35a-105. The Department shall suspend all Medicaid payments to a nursing facility until the facility pays the assessment due in full or until the facility and the Department reach a negotiated settlement.

(2) The Department shall charge a nursing facility a negligence penalty as prescribed in Subsection 26-35a-105(3)(a) if the facility does not pay in full within 45 days of a notice of deficiency of the assessment.

(3) The Department shall charge a nursing facility an intentional disregard penalty as prescribed in Subsection 26-35-105(3)(b) if the facility does not pay in full within 45 days of a notice of deficiency of the assessment two times within a 12-month period, or if the facility does not pay in full within 60 days of a notice of deficiency of the assessment.

(4) The Department shall charge a nursing facility an intent to evade penalty as prescribed in Subsection 26-35a-105(4) if the facility does not pay in full within 45 days of a notice of deficiency of the assessment three times with a 12-month period, or if the facility does not pay in full within 75 days of a notice of deficiency of the assessment.

KEY

Medicaid, nursing facility

Date of Enactment or Last Substantive Amendment

July 1, 2019

Notice of Continuation

November 15, 2018

Authorizing, Implemented, or Interpreted Law

26-1-30; 26-35a; 26-18-3


Additional Information

Contact

For questions regarding the content or application of rules under Title R414, please contact the promulgating agency (Health, Health Care Financing, Coverage and Reimbursement Policy). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.