(30) days after the date of publication of the second notice
under section 805-A(a).
Section 810-A. Remedies.--In addition to any other remedy
provided by law, the department may enforce this article by
imposing one or more of the following remedies:
* * *
(3) When a nursing facility that is a medical assistance
provider or that is related through common ownership or control
as defined in 42 CFR 413.17(b) (relating to cost to related
organizations) to a medical assistance provider fails to pay all
or part of an assessment or penalty within sixty (60) days of
the date that payment is due, the department may deduct or
instruct a medical assistance managed care organization to
deduct the unpaid assessment or penalty and any interest owed
thereon from any medical assistance payments due to the nursing
facility or to any related medical assistance provider until the
full amount is recovered. Any such deduction shall be made only
after written notice to the medical assistance provider and may
be taken in amounts over a period of time taking into account
the financial condition of the medical assistance provider.
* * *
Section 813-A. Repayment.--No nursing facility shall be
directly guaranteed a repayment of its assessment in derogation
of 42 CFR 433.68(f) (relating to permissible health care-related
taxes after the transition period): Provided, however, That in
each fiscal year in which an assessment is implemented, the
department shall use the State revenue collected from the
assessment and any Federal funds received by the Commonwealth as
a direct result of the assessments to [maintain and increase
program payments] make program payments through fee-for-service
or managed care to medical assistance nursing facility providers
to the extent permissible under Federal and State law or
regulation and without creating an indirect guarantee to hold
harmless, as those terms are used in 42 CFR 433.68(f). If the
department implements an assessment on county nursing
facilities, the department shall allocate assessment revenues
available to [maintain and increase program payments] make
program payments through fee-for-service or managed care to both
county and non county nursing facilities in a manner that is
consistent with Federal law and without creating a direct or an
indirect guarantee to hold any nursing facility harmless. The
secretary shall submit any [State Medicaid plan] Title XIX State
Plan amendments to the United States Department of Health and
Human Services that are necessary to make the [payment
increases] payments.
Section 6. Section 815-A of the act, amended June 30, 2012
(P.L.668, No.80), amendment declared unconstitutional, 188 A.3d
1135 (Pa. 2018), and amended July 8, 2016 (P.L.480, No.76), is
reenacted and amended to read:
Amend Bill, page 2, line 24, by inserting a bracket before
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