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The Florida Statutes

The 2009 Florida Statutes

Title XXX
Chapter 409
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Section 409.9083, Florida Statutes 2009

409.9083  Quality assessment on privately operated intermediate care facilities for the developmentally disabled; exemptions; purpose; federal approval required; remedies.--

(1)  As used in this section, the term:

(a)  "Intermediate care facility for the developmentally disabled" or "ICF/DD" means a privately operated intermediate care facility for the developmentally disabled licensed under part VIII of chapter 400.

(b)  "Net patient service revenue" means gross revenues from services provided to ICF/DD facility residents, less reductions from gross revenue resulting from an inability to collect payment of charges. Net patient service revenue excludes nonresident care revenues such as gain or loss on asset disposal, prior year revenue, donations, and physician billings, and all outpatient revenues. Reductions from gross revenue include bad debts; contractual adjustments; uncompensated care; administrative, courtesy, and policy discounts and adjustments; and other such revenue deductions.

(c)  "Resident day" means a calendar day of care provided to an ICF/DD facility resident, including the day of admission and excluding the day of discharge, except that, when admission and discharge occur on the same day, 1 day of care exists.

(2)  Effective October 1, 2009, there is imposed upon each intermediate care facility for the developmentally disabled a quality assessment. The aggregated amount of assessments for all ICF/DDs in a given year shall be an amount not exceeding the maximum percentage allowed under federal law of the total aggregate net patient service revenue of assessed facilities. The agency shall calculate the quality assessment rate annually on a per-resident-day basis as reported by the facilities. The per-resident-day assessment rate shall be uniform. Each facility shall report monthly to the agency its total number of resident days and shall remit an amount equal to the assessment rate times the reported number of days. The agency shall collect, and each facility shall pay, the quality assessment each month. The agency shall collect the assessment from facility providers no later than the 15th of the next succeeding calendar month. The agency shall notify providers of the quality assessment rate and provide a standardized form to complete and submit with payments. The collection of the quality assessment shall commence no sooner than 15 days after the agency's initial payment to the facilities that implement the increased Medicaid rates containing the elements prescribed in subsection (3) and monthly thereafter. Intermediate care facilities for the developmentally disabled may increase their rates to incorporate the assessment but may not create a separate line-item charge for the purpose of passing through the assessment to residents.

(3)  The purpose of the facility quality assessment is to ensure continued quality of care. Collected assessment funds shall be used to obtain federal financial participation through the Medicaid program to make Medicaid payments for ICF/DD services up to the amount of the Medicaid rates for such facilities as calculated in accordance with the approved state Medicaid plan in effect on April 1, 2008. The quality assessment and federal matching funds shall be used exclusively for the following purposes and in the following order of priority to:

(a)  Reimburse the Medicaid share of the quality assessment as a pass-through, Medicaid-allowable cost.

(b)  Increase each privately operated ICF/DD Medicaid rate, as needed, by an amount that restores the rate reductions implemented on October 1, 2008.

(c)  Increase each ICF/DD Medicaid rate, as needed, by an amount that restores any rate reductions for the 2008-2009 fiscal year and the 2009-2010 fiscal year.

(d)  Increase payments to such facilities to fund covered services to Medicaid beneficiaries.

(4)  The agency shall seek necessary federal approval in the form of state plan amendments in order to implement the provisions of this section.

(5)(a)  The quality assessment shall terminate and the agency shall discontinue the imposition, assessment, and collection of the quality assessment if the agency does not obtain necessary federal approval for the facility quality assessment or the payment rates required by subsection (3).

(b)  Upon termination of the quality assessment, all collected assessment revenues, less any amounts expended by the agency, shall be returned on a pro rata basis to the facilities that paid such assessments.

(6)  The agency may seek any of the following remedies for failure of any ICF/DD provider to timely pay its assessment:

(a)  Withholding any medical assistance reimbursement payments until the assessment amount is recovered.

(b)  Suspending or revoking the facility's license.

(c)  Imposing a fine of up to $1,000 per day for each delinquent payment, not to exceed the amount of the assessment.

(7)  The agency shall adopt rules necessary to administer this section.

(8)  This section is repealed October 1, 2011.

History.--s. 8, ch. 2009-55.

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