(1) If the nursing
home is providing care to recipients of state medical assistance, the receiver
shall:
(a) Become the medicaid contractor for
the duration of the receivership period;
(b) Assume all reporting responsibilities for
new contractors;
(c) Assume all
other responsibilities for new contractors set forth in this chapter;
and
(d) Be responsible for the
refund of medicaid rate payments in excess of costs during the period of
receivership.
(2) In
establishing the prospective rate during receivership the department shall
consider:
(a) Compensation, if any, ordered
by the court for the receiver. Such compensation may already be available to
the receiver through the rate as follows:
(i)
Financing allowance and variable return component rate allocations,
or
(ii) The administrator's salary
in the case of facilities where the receiver is also the administrator.
If these existing sources of compensation are less than what
was ordered by the court, additional costs may be allowed in the rate up to the
compensation amount ordered by the court.
(b) Start up costs and costs of repairs,
replacements, and additional staff needed for patient health, security, and
welfare. To the extent such costs can be covered through the financing
allowance and the variable return component rate allocations, no additional
moneys will be added to the rate;
(c) Any other allowable costs as set forth in
this chapter.
(3)
(a) Upon order of the court, the department
shall provide emergency or transitional financial assistance to a receiver not
to exceed thirty thousand dollars.
(b) The department shall recover any
emergency or transitional expenditure made by the department on behalf of a
nursing home not certified to participate in the medicaid Title XIX program
from revenue generated by the facility which is not obligated to the operation
of the facility.
(c) In order to
help recover an emergency or transitional expenditure, regardless of whether
the facility is certified to participate in the medicaid Title XIX program or
not, the department may:
(i) File an action
against the former licensee or owner at the time the expenditure is made to
recover such expenditure; or
(ii)
File a lien on the facility or on the proceeds of the sale of the
facility.
(4)
If recommendations on receiver's compensation are solicited from the department
by the court, the department shall consider the following:
(a) The range of compensation for nursing
home managers;
(b) Experience and
training of the receiver;
(c) The
size, location, and current condition of the facility;
(d) Any additional factors deemed appropriate
by the department.
(5)
When the receivership terminates, the department may revise the nursing home's
medicaid reimbursement. The medicaid reimbursement rate for:
(a) The former owner or licensee shall be
what it was before receivership, unless the former owner or licensee requests
prospective rate revisions from the department as set forth in this chapter;
and
(b) Licensed replacement
operators shall be determined consistent with rules governing prospective
reimbursement rates for new contractors as set forth in this chapter.
