2001 Legislation
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HOUSE BILL NO. 10 – Veteran home/state hosp south, pymt

HOUSE BILL NO. 10

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H0010........................................................by MR. SPEAKER
              Requested by: Department of Health and Welfare
VETERANS HOMES/STATE HOSPITAL SOUTH - Amends existing law to provide that
reimbursement of costs for the nursing facilities at Idaho State Veterans
Homes and State Hospital South shall be based upon medicare reasonable cost
provisions.
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
02/13    Rpt out - rec d/p - to 2nd rdg
02/14    2nd rdg - to 3rd rdg
02/16    3rd rdg - PASSED - 43-23-4
      AYES -- Barraclough, Bedke, Bell, Bieter, Bolz, Bradford, Bruneel,
      Campbell, Chase, Collins, Crow, Cuddy, Deal, Ellsworth, Eskridge,
      Field(13), Field(20), Gagner, Gould, Henbest, Jaquet, Jones, Kellogg,
      Kunz, Lake, Loertscher, Mader, Montgomery, Mortensen, Moss, Moyle,
      Pomeroy, Raybould, Robison, Sellman, Shepherd, Smith, Smylie,
      Stevenson, Stone, Swan, Trail, Mr. Speaker
      NAYS -- Barrett, Callister, Clark, Denney, Ellis, Hadley, Hammond,
      Harwood, Higgins, Hornbeck, Kendell, Langford, McKague, Meyer,
      Pearce, Pischner, Ridinger, Roberts, Sali, Schaefer, Tilman, Wood,
      Young
      Absent and excused -- Black, Boe, Marley, Wheeler
    Floor Sponsor -- Henbest
    Title apvd - to Senate
02/19    Senate intro - 1st rdg - to Health/Wel
02/22    Rpt out - rec d/p - to 2nd rdg
02/23    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      Williams,
      NAYS -- None
      Absent and excused -- Keough, Sims
    Floor Sponsor -- Ipsen
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
03/16    Pres signed
03/19    To Governor
03/20    Governor signed
         Session Law Chapter 68
         Effective: 07/01/01

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 10
                                                                        
                                       BY MR. SPEAKER
                       Requested by: Department of Health and Welfare
                                                                        
  1                                        AN ACT
  2    RELATING TO PAYMENTS FOR SKILLED CARE SERVICES; AMENDING SECTION 56-102, IDAHO
  3        CODE, TO PROVIDE AN EXCEPTION TO PAYMENT PRINCIPLES FOR  THE  IDAHO  STATE
  4        VETERANS HOMES AND STATE HOSPITAL SOUTH AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  56-102, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        56-102.  PRINCIPLES OF PROSPECTIVE RATES AND PAYMENT. The following  prin-
  9    ciples  shall  apply  to  the  reimbursement  of freestanding skilled care and
 10    hospital-based skilled care facilities, with  the  exception  of  the  nursing
 11    facilities at Idaho state veterans homes and state hospital south, which shall
 12    be reimbursed costs based on medicare reasonable cost provisions:
 13        (1)  Payments to facilities shall be through a prospective cost-based sys-
 14    tem  which  includes  facility-specific  case  mix adjustments. Details of the
 15    methodology shall be set forth in rules  based  on  negotiations  between  the
 16    department,  the  state  association(s) representing freestanding skilled care
 17    facilities, and the state associations(s) representing hospital-based  skilled
 18    care  facilities.  In  no event shall reimbursement to any facility exceed the
 19    usual and customary charges made to private pay patients; and
 20        (2)  Each skilled care facility's case mix index shall be calculated quar-
 21    terly and rates shall be adjusted based on the case  mix  of  that  facility's
 22    medicaid residents as of a certain date during the preceding quarter specified
 23    in rule; and
 24        (3)  In  state  fiscal  year  2000,  the total amount paid to skilled care
 25    facilities shall approximate the same amount in medicaid expenditures as would
 26    have been paid using the methodology in effect in state fiscal year 1999,  and
 27    the percentages of medicaid funds projected to be paid to freestanding skilled
 28    care  facilities  and hospital-based skilled care facilities shall be the same
 29    percentages that are projected to be paid using the methodology in effect dur-
 30    ing state fiscal year 1999; and
 31        (4)  The cost limits used for the direct care and indirect care  costs  of
 32    rural  hospital-based  skilled  care  facilities shall be higher than the cost
 33    limits used for the direct  care  and  indirect  care  costs  of  freestanding
 34    skilled care and urban hospital-based skilled care facilities; and
 35        (5)  In  computing  the direct care per diem rate neither medicaid-related
 36    ancillary services nor raw food shall be case-mix adjusted; and
 37        (6)  Property costs shall not be subject to a cost  limitation  or  incen-
 38    tive.  Property  costs  of freestanding skilled care facilities shall be reim-
 39    bursed as described in section 56-108, Idaho Code, and property costs of urban
 40    and rural hospital-based  skilled  care  facilities  shall  be  reimbursed  as
 41    described in section 56-120, Idaho Code; and
 42        (7)  Cost limits shall apply to direct care costs and indirect care costs.
 43    The cost limits shall be based on percentages above the bed-weighted median of
                                                                        
                                           2
                                                                        
  1    the  combined  costs  of  both  freestanding  skilled  care and hospital-based
  2    skilled care facilities; and
  3        (8)  Costs exempt from cost limits are property taxes, property insurance,
  4    utilities and costs related to new legal mandates as defined by rule; and
  5        (9)  An incentive payment shall be paid to those facilities with  indirect
  6    per  diem  costs  that are less than the established indirect care cost limit.
  7    The incentive payment is calculated by taking the difference between the  cost
  8    limits  and  the  provider's  per diem indirect  care cost times the incentive
  9    percentage. Freestanding skilled care and hospital-based skilled care  facili-
 10    ties  shall  receive  the same percentage incentive payments for indirect care
 11    costs but no incentive payment for direct care costs. The percentage at  which
 12    the  incentive  payment will be set shall be based on negotiations between the
 13    department, the state association(s) representing  freestanding  skilled  care
 14    facilities,  and  the state association(s) representing hospital-based skilled
 15    care facilities; and
 16        (10) A newly constructed facility shall be reimbursed at the  median  rate
 17    for  skilled care facilities of that type (freestanding or hospital-based) for
 18    the first three (3) full years of operation; and
 19        (11) A facility adding new beds will have its rates for the three (3) full
 20    years following the addition of the beds subjected to an additional reimburse-
 21    ment limitation. This limitation will apply beginning with the first rate set-
 22    ting period which uses a cost report that includes the date when the beds were
 23    added. The facility's rate will be limited to the bed-weighted average of  two
 24    (2)  rates:  the facility's rate in effect immediately prior to the rate first
 25    subject to the limitation and the median rate for skilled care  facilities  of
 26    that  type  (freestanding  or hospital-based) at the time the beds were added;
 27    and
 28        (12) A facility acquired prior to the end of that facility's  fiscal  year
 29    will be reimbursed at the rate then in effect for that facility until the next
 30    cost  report  can  be used for rate setting. If the department determines that
 31    the facility is operationally or  financially  unstable,  the  department  may
 32    negotiate a reimbursement rate different than the rate then in effect for that
 33    facility; and
 34        (13) If  the department determines that a facility is located in an under-
 35    served area, or addresses an underserved need, the department may negotiate  a
 36    reimbursement  rate  different than the rate then in effect for that facility;
 37    and
 38        (14) From July 1, 1999, through June 30, 2002, the nursing facility infla-
 39    tion rate plus one percent (1%) per year shall be added to the costs  reported
 40    in  a facility's cost report for purposes of setting that facility's rate. The
 41    inflation rate to be used effective July 1, 2002, and the period  of  its  use
 42    will be based on negotiations between the department, the state association(s)
 43    representing   freestanding   skilled   care   facilities,   and   the   state
 44    association(s) representing hospital-based skilled care facilities; and
 45        (15) To  control  the  growth in the cost limits, the increase in the cost
 46    limits shall not exceed the skilled nursing  facility  inflation  rate  estab-
 47    lished  by  data  resources, inc., or its successor, plus two percent (2%) per
 48    year for the period from July 1, 1999, through June 30, 2002. The maximum rate
 49    of growth in the cost limits to be used effective July 1, 2002, and the period
 50    of its use will be based on negotiations between  the  department,  the  state
 51    association(s)  representing  freestanding  skilled  care  facilities, and the
 52    state association(s) representing hospital-based skilled care facilities; and
 53        (16) To control declines in the cost  limits,  the  cost  limits  for  the
 54    period  from  July 1, 1999, through June 30, 2002, shall not be lower than the
 55    respective cost limits effective July 1, 1999. The minimum cost limits  to  be
                                                                        
                                           3
                                                                        
  1    used  effective July 1, 2002, and the period of its use will be based on nego-
  2    tiations  between  the  department,  the  state  association(s)   representing
  3    freestanding  skilled care facilities, and the state association(s) represent-
  4    ing hospital-based skilled care facilities; and
  5        (17) Rates shall be rebased re-based annually. Rate setting shall be  pro-
  6    spective  with  new  rates effective July 1 of each year, using the principles
  7    applying to skilled care facilities set forth in this chapter  and  the  rules
  8    promulgated  pursuant  to  this  chapter.  There will be no settlement between
  9    actual costs incurred during the rate year and the rate itself. Rates will  be
 10    established  using  the most recent audited cost report trended forward to the
 11    rate year. Rates for skilled care facilities with unaudited cost reports  will
 12    be  interim  rates  established  by  the department until a rate is calculated
 13    based on an audited cost report. The draft audit of a cost report submitted by
 14    a facility shall be issued by the department no later  than  five  (5)  months
 15    from  the  date  all information required for completion of the audit is filed
 16    with the department; and
 17        (18) Changes of more than fifty cents (50) per patient day  in  allowable
 18    costs  resulting from federal or state law or rule changes shall be treated as
 19    costs separate from the cost limitations until such time as they  become  part
 20    of  the data used for calculating the cost limits and in cost reports used for
 21    rate setting; and
 22        (19) If a review of the data submitted by a facility reveals  errors  that
 23    result in an incorrect case mix index, the department may retroactively adjust
 24    the  facility's rate and pay the facility any amount by which the facility was
 25    underpaid or recoup from the facility any amount by  which  the  facility  was
 26    overpaid; and
 27        (20) The  rates established under the principles set forth in this section
 28    shall be phased in using a combination of  the  reimbursement  methodology  in
 29    effect  as of state fiscal year 1999 and the principles set forth in this sec-
 30    tion and in rules based on negotiations  between  the  department,  the  state
 31    association(s)  representing  freestanding  skilled  care  facilities, and the
 32    state association(s)  representing  hospital-based  skilled  care  facilities.
 33    Effective  July  1, 2001, the phase-in provisions will no longer apply and the
 34    department shall pay rates solely based on the principles set  forth  in  this
 35    section and the applicable rules.

Statement of Purpose / Fiscal Impact


                          STATEMENT OF PURPOSE
                                    
RS 10538


During the 2000 session, the Legislature passed intent language for 
state fiscal year 2001 to make Idaho State Veterans Homes eligible to 
participate as providers in the Medicaid program with exemption from
the cost limits applicable to privately-operated nursing facilities. 
The proposed legislation continues the exemption for Idaho State 
Veterans Homes from the private facility cost limits and extends it  
to the nursing facility at the State Hospital South.  These state-
operated facilities will be subject to Medicare reasonable cost 
provisions.





                             FISCAL IMPACT

Increased Medicaid payments to the Veterans facilities of $1,800,000. 
70% federal 30% general funds  (Annual impact assuming 65% eligibles
without grandfathering existing patients.)






CONTACT
Name:         Kathleen Allyn
Agency:       Division of Medicaid
Phone:        (208) 334-5747           


STATEMENT OF PURPOSE/FISCAL NOTE            Bill No. H10