Cal. Code Regs. Tit. 22, § 52101 - Payment of the Quality Assurance Fee
(a) Each FS/NF-B and FSSA/NF-B shall remit
payment of the amount due to the Department on a monthly basis on or before the
last day of the month following the month in which the QAF is imposed, with a
completed Freestanding Nursing Facility, Level-B (FS/NF-B) and Freestanding
Subacute Nursing Facility, Level-B (FSSA/NF-B) Quality Assurance Fee Payment
Invoice form DHCS 9116 (Rev. 03-10), herein incorporated by reference in its
entirety.
(b) If a FS/NF-B or
FSSA/NF-B fails to pay all or part of the amount due within 60 calendar days of
the date the payment is due, as specified in subsection (a), the Department
shall issue a delinquency notice to the FS/NF-B or FSSA/NF-B demanding payment
within 15 calendar days of the date of the delinquency notice.
(c) Each FS/NF-B and FSSA/NF-B shall be
liable for payment of interest at the rate of seven percent per annum on any
unpaid amount due, beginning on the 61st calendar day from the date the payment
is due, until the unpaid amount due, plus any interest, is paid in
full.
(d) If a FS/NF-B or FSSA/NF-B
fails to pay all or part of the outstanding amount due, the Department shall
recover the unpaid amount due, plus interest, by one or more of the following
methods, until paid in full:
(1) Offset any
Medi-Cal reimbursement payments due to the FS/NF-B or FSSA/NF-B;
(2) Execute a repayment agreement between the
FS/NF-B or FSSA/NF-B and the Department;
(3) Assess a penalty up to 50 percent of the
unpaid amount due;
(4) Recommend to
the California Department of Public Health that license renewal be delayed
until the Department has recovered the full amount due.
(e) After July 31, 2012, FS/NF-Bs and
FSSA/NF-Bs shall remain liable for payment of any QAFs assessed prior to July
31, 2012, but not yet collected prior to that date, until the amount due, plus
interest and penalties, is paid in full.
Notes
2. New section refiled 1-10-2011 as an emergency, including amendment of subsections (d)(3) and (e); operative 1-18-2011 (Register 2011, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day. Any rules issued by provider bulletin by the Department of Health Care Services that are covered by or inconsistent with these emergency regulations are superseded as of the effective date of these emergency regulations.
3. Certificate of Compliance as to 1-10-2011 order transmitted to OAL 4-5-2011 and filed 5-17-2011 (Register 2011, No. 20).
Note: Authority cited: Sections 20, 1324.20, 1324.21 and 1324.23, Health and Safety Code; and Sections 10725, 14105 and 14124.5, Welfare and Institutions Code. Reference: Sections 14105 and 14110.6, Welfare and Institutions Code.
2. New section refiled 1-10-2011 as an emergency, including amendment of subsections (d)(3) and (e); operative 1-18-2011 (Register 2011, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day. Any rules issued by provider bulletin by the Department of Health Care Services that are covered by or inconsistent with these emergency regulations are superseded as of the effective date of these emergency regulations.
3. Certificate of Compliance as to 1-10-2011 order transmitted to OAL 4-5-2011 and filed 5-17-2011 (Register 2011, No. 20).
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