(I) Five.
(II) The difference under subparagraph (i).
(B) Multiply the lowest numeral under clause (A) by one
hundredth (.01).
(C) Multiply the product under clause (B) by the county or
nonpublic nursing facility's fee-for-service per diem payment
rate as of June 30, 2022.
(D) Multiply the product under clause (C) by the total MA
resident days of care on the facility's MA-11.
(3) A penalty imposed under this section shall be
transmitted by the facility to the department for deposit in the
Nursing Facility Quality Improvement Fund, established under
subsection (c).
(4) The department shall enforce the penalty provisions
under this subsection against full twelve-month cost reports
with reporting periods that begin on or after January 1, 2023,
after making the first payment of the increased county and
nonpublic nursing facility rates, under both the fee-for-service
program and the Community HealthChoices program, beginning
January 1, 2023. If the first payment of the increased county
and nonpublic nursing facility rates, including payments under
both the fee-for-service program and the Community HealthChoices
program, is after June 30, 2023, the enforcement of the penalty
provisions of this subsection shall commence with the first full
twelve-month cost report after payment of the increased county
and nonpublic nursing facility rates.
(5) Paragraph (4) shall expire December 31, 2025.
(c) (1) The Nursing Facility Quality Improvement Fund is
established as a separate fund in the State Treasury and shall
be administered by the department.
(2) All interest earned from the investment or deposit of
moneys accumulated in the fund shall be deposited into the fund
for the same use.
(3) Moneys in the fund shall be expended by the department
for the following purposes:
(i) To administer and enforce this section.
(ii) To provide funding for nursing facility quality
improvement.
(d) The department may promulgate guidelines, as necessary,
to implement this section. The guidelines shall be transmitted
to the Legislative Reference Bureau for publication in the
Pennsylvania Bulletin. Prior to publication of the guidelines,
the department shall consult interested parties. The guidelines
under this section shall not be subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of July
31, 1968 (P.L.769, No.240), referred to as the Commonwealth
Documents Law.
(2) Sections 204(b) and 301(10) of the act of October 15,
1980 (P.L.950, No.164), known as the "Commonwealth Attorneys
Act."
(3) The act of June 25, 1982 (P.L.633, No.181), known as the
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