PRINTER'S NO. 1049
No. 896 Session of 2007
INTRODUCED BY GREENLEAF, ERICKSON, WASHINGTON, WAUGH,
TARTAGLIONE AND FONTANA, MAY 22, 2007
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 22, 2007
AN ACT
1 Allowing nursing facilities to obtain medical assistance
2 certified beds under limited terms and conditions; and
3 providing for functions of the Department of Public Welfare.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Medical
8 Assistance Bed Transfer Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Certified bed." A facility bed which is certified by the
14 department to receive medical assistance reimbursements.
15 "Department." The Department of Public Welfare of the
16 Commonwealth.
17 "Facility." A nursing facility licensed by the Department of
18 Health.
1 "Medical assistance." The program under Article IV(f) of the
2 act of June 13, 1967 (P.L.31, No.21), known as the Public
3 Welfare Code.
4 "Program." The Medical Assistance Bed Transfer Program
5 established in section 4.
6 Section 3. Administration.
7 The department has the following powers and duties:
8 (1) To transfer certified beds from one facility to
9 another facility under section 4.
10 (2) To promulgate regulations governing the program.
11 Section 4. Medical Assistance Bed Transfer Program.
12 (a) Request.--A facility may request that the department
13 transfer a certified bed to it.
14 (b) Price determination.--If the department receives a
15 request under subsection (a), the department shall determine a
16 fair and reasonable price, not in excess of $10,000, for the
17 transfer of each certified bed.
18 (c) Advertisement and responses.--
19 (1) The department shall advertise to facilities in this
20 Commonwealth that the department is looking for unused or
21 unwanted certified beds for the requested transfer,
22 indicating the price that will be paid for surrendering those
23 certified beds to the department.
24 (2) The department shall catalog the responses to the
25 advertisement of the transfer request and shall make public
26 the number of certified beds which facilities are willing to
27 surrender to the department.
28 (d) Implementation.--
29 (1) The department shall offer to the requesting
30 facility a number of certified beds not to exceed the number
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1 requested by the facility under subsection (a) nor half of
2 the number of certified beds offered under subsection (c)(2).
3 If more certified beds are offered than needed, the
4 department shall decide which facilities will surrender
5 offered certified beds.
6 (2) The requesting facility shall pay the department for
7 the number of certified beds which are offered under
8 paragraph (1) at the price set under subsection (b).
9 (3) The department shall do all of the following:
10 (i) Pay the surrendering facility an amount equal to
11 the product of:
12 (A) the number of certified beds being
13 surrendered; and
14 (B) the price set in subsection (a).
15 (ii) Transfer to the requesting facility the number
16 of certified beds determined under paragraph (1).
17 Section 5. Facility reimbursement.
18 (a) Medical assistance utilization.--A facility which
19 receives a certified bed under the program may not be required
20 to place the certified bed in service for the exclusive use of
21 medical assistance-eligible residents.
22 (b) Medical assistance eligibility.--
23 (1) A facility which receives a certified bed under the
24 program shall be eligible under medical assistance as a
25 participating provider effective on the date the resident
26 utilizing the certified bed meets medical assistance
27 eligibility requirements.
28 (2) If a certified bed is not being utilized by an
29 eligible resident under paragraph (1), the facility shall
30 notify the department to ensure no reimbursements are issued
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1 for noneligible residents.
2 (3) Certified beds transferred under the program shall
3 be reimbursed in the same manner as they were prior to the
4 transfer.
5 Section 6. Effective date.
6 This act shall take effect in 60 days.
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