| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY GODSHALL, CALTAGIRONE, CREIGHTON, DENLINGER, HARPER, KAUFFMAN, O'NEILL AND SWANGER, JANUARY 27, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON AGING AND OLDER ADULT SERVICES, JANUARY 27, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Exempting continuing care retirement communities from the |
2 | medical assistance bed approval process and allowing nursing |
3 | facilities operated by continuing care retirement communities |
4 | to obtain medical assistance certified beds under limited |
5 | terms and conditions. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Continuing |
10 | Care Retirement Community Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "CCRC." A continuing care retirement community licensed by |
16 | the Insurance Department. |
17 | "Department." The Department of Public Welfare of the |
18 | Commonwealth. |
19 | Section 3. Continuing care retirement community exemption. |
|
1 | A licensed nursing facility operated by a licensed CCRC shall |
2 | be exempt from the requirements under 55 Pa. Code §§ 1187.21(2) |
3 | (relating to nursing facility participation requirements) and |
4 | 1187.21a (relating to nursing facility participation review |
5 | process and guidelines - statement of policy) under the |
6 | following conditions: |
7 | (1) The CCRC has admitted residents under a continuing |
8 | care agreement. |
9 | (2) The nursing facility is part of the CCRC campus. |
10 | Section 4. Certified and noncertified nursing facilities on |
11 | CCRC campus. |
12 | If a licensed nursing facility is part of the continuum of |
13 | care of a CCRC, notwithstanding whether the nursing facility |
14 | currently has beds certified by the medical assistance program, |
15 | the nursing facility shall have a limited number of beds |
16 | certified by medical assistance through an application to the |
17 | department pursuant to the following requirements: |
18 | (1) One or more residents admitted under a continuing |
19 | care agreement spend down their resources, including any |
20 | funds which may be or may become available, as a full or |
21 | partial refund of any entrance fee payments, in order to |
22 | become eligible for medical assistance. |
23 | (2) The beds will be used to provide nursing care and to |
24 | maintain on the CCRC campus residents who have spent down |
25 | their resources in order to become eligible for medical |
26 | assistance. |
27 | (3) The number of beds certified by the medical |
28 | assistance program may not be greater than 15%, rounded to |
29 | the nearest whole number, of the current licensed number of |
30 | beds of the CCRC's nursing facility. |
|
1 | Section 5. Applications for nursing facility beds certified by |
2 | the medical assistance program. |
3 | (a) Required information.--The application for a bed |
4 | certified by the medical assistance program shall include |
5 | documentation that the person for whom the bed is requested was |
6 | initially admitted to the CCRC under the terms of a continuing |
7 | care agreement. |
8 | (b) Limitation.--All applications for beds certified by the |
9 | medical assistance program which satisfy subsection (a) shall be |
10 | granted by the department subject to the spend-down medical |
11 | assistance bed limitation as specified under section 4(3) and |
12 | the notice requirements specified under section 7. |
13 | (c) Agreement.--The nursing facility of the CCRC shall sign |
14 | a limited enrollment provider agreement. |
15 | Section 6. Nursing facility medical assistance reimbursement. |
16 | The nursing facility of the CCRC shall be eligible for and |
17 | shall receive reimbursement under the medical assistance program |
18 | as a participating provider effective on the date the medical |
19 | assistance eligible resident meets medical assistance |
20 | eligibility requirements. |
21 | Section 7. Department notification. |
22 | The nursing facility of the CCRC must notify the department |
23 | within 30 days of the death or permanent transfer or discharge |
24 | of the medical assistance eligible resident from the nursing |
25 | facility. Failure of the nursing facility to notify the |
26 | department of these events within 30 days may be used as a basis |
27 | to deny future applications for certified medical assistance |
28 | beds. |
29 | Section 20. Effective date. |
30 | This act shall take effect in 60 days. |
|