101 CMR 512.05 - Payment of User Fee
(1)
Quarterly Assessment. Each facility must pay a
quarterly assessment to EOHHS. Each facility must determine the amount of the
assessment owed for each quarter by multiplying (1) its total non-Medicare
patient days by (2) the per diem user fee established by
EOHHS.
(2)
User Fee
Form. Each facility must submit its quarterly assessment on a form
prepared by EOHHS. Each facility must report its total patient days by payer
and its non-Medicare patient days on the user fee form. A facility is still
obligated to pay the user fee even if they have not received or accessed the
form.
(3)
Due
Date.
(a) Assessment payments and
the user fee form are due according to the following schedule:
Assessment Period |
Payment and Form Due Date |
July 1st - September 30th |
November 1st |
October 1st - December 31st |
February 1st |
January 1st - March 31st |
May 1st |
April 1st - June 30th |
August 1st |
(b) If
a facility closes, it must pay any outstanding user fee obligations within 30
days of the date of closure.
(c)
Mergers, Acquisitions, and CHOW. The assessment
obligation of any nursing facility is applied to an obligation of any successor
in interest or assignee of such nursing facility, as determined by EOHHS. A
successor in interest may include, but is not limited to, any purchaser of the
assets or stock, any new operator or licensee of an existing nursing facility,
any surviving entity resulting from merger or liquidation, or any receiver or
any trustee of the original nursing facility.
(4)
Administration.
EOHHS will inform facilities by administrative bulletin of the procedures for
the payment and collection of the user fee. EOHHS may update these procedures
by administrative bulletin.
(5)
Interest and Late Fees. EOHHS may assess interest and
late fees on unpaid liabilities. If a facility fails to remit an assessment by
the due date, EOHHS will assess interest at up to 1.5% per month on the
outstanding balance and calculate the interest from the due date. EOHHS may
also impose a late fee of up to 5% per month of the outstanding
balance.
(6)
Assessment
Revenue. The total amount of assessments collected, any federal
financial participation generated from the payments to facilities based on the
collected assessments, penalties, and any interest earned will be credited to
the general fund of the Commonwealth of Massachusetts.
(7)
Enforcement
Provisions. In addition to interest and late fees imposed pursuant
to 101 CMR
512.05(5), EOHHS may take
enforcement actions including, but not limited to, the following:
(a) recoupment of a nursing facility's claims
not to exceed an amount established by administrative bulletin or other
appropriate written issuance;
(b)
creation, after demand for payment, of a lien in favor of the Commonwealth;
and
(c) notifying DPH if a facility
fails to pay a required assessment. Under M.G.L. 118E, ยง 63(f), DPH will
impose a limitation on new admissions or revoke licensure of a facility that
fails to pay a delinquent assessment.
Notes
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