K. Exceptions for areas with high occupancy
rates may be considered in the following situations.
1. A Medicaid enrolled NF that maintains 98
percent average annual occupancy of its enrolled beds for the four most recent
quarters (as reported in the LTC-2) may apply for approval of additional beds
to be enrolled in the Medicaid program.
a. In
order for an application to be considered, all approved beds in the facility
shall be enrolled in Title XIX.
b.
In order for a facility to reapply for additional beds, all approved beds shall
be enrolled in Title XIX for the four most recent quarters, as reported in the
LTC-2.
c. The number of beds that
application may be made shall not exceed 10 beds.
d. In determining occupancy rates for
purposes of this exception, only an adjustment of one additional day after the
date of death for the removal of personal belongings, shall be allowed if used
for that purpose.
i. This adjustment shall
not be allowed if nursing services available or provided to another individual
are paid for through formal or informal agreement in the same bed for that time
period.
e. In determining
occupancy rates, more than one NF bed enrolled in Title XIX shall not be
considered occupied by the same resident, regardless of payment for nursing
services available or provided.
f.
For a Medicaid enrolled NF with high occupancy to apply for additional bed
approval, documentation of availability of health manpower for the proposed
expansion shall be required.
g. For
a Medicaid enrolled NF with high occupancy to apply for additional bed
approval, for the most recent 36 months preceding the date of application,
compliance history and quality of care performance of the applicant facility
shall be void of any of the following sanctions:
i. appointment of a temporary
manager;
ii. termination,
non-renewal or cancellation, or initiation of termination or non-renewal of
provider agreement; or
iii. license
revocation or non-renewal.
2. When average annual occupancy for the four
most recent quarters (as reported in the LTC-2) exceeds 95 percent in a parish,
the department will determine whether additional beds are needed, and if
indicated, may issue a Request for Proposals (RFP) or Request for Applications
(RFA) to develop the needed beds.
a. Upon
issuance of the utilization report, the department will identify the parishes
with average annual occupancy in excess of 95 percent. The LTC-2 is issued by
the department in the fourth month following the end of each calendar
quarter.
b. In order to determine
if additional beds are needed for each parish that average annual occupancy is
in excess of 95 percent, the department may review the census data, utilization
trends, and other factors such as:
i. special
needs in an area;
ii. information
received from other healthcare providers and other knowledgeable sources in the
area;
iii. waiting lists in
existing nursing facilities;
iv.
requests from the community;
v.
patient origin studies;
vi.
appropriateness of placements in an area;
vii. remoteness of an area;
viii. occupancy rates in adjoining and/or
adjacent parishes;
ix. availability
of alternatives;
x. reasonableness
of distance to nursing facilities;
xi. distribution of beds within a geographic
service area; and
xii. such other
factors as the department may deem relevant.
c. The number of beds that can be added shall
not exceed 15 percent of the existing approved beds in the parish, or 120 beds,
whichever is less. The department will strive to assure that occupancy in
existing NF in the area will not decline below 85 percent as a result of the
additional beds.
3. If
the department determines that there is, in fact, a need for beds in a parish
with average annual occupancy in excess of 95 percent, a RFP or RFA will be
issued. No applications will be accepted under these provisions unless the
department declares a need and issues a RFP or RFA. Applications will be
accepted for expansions of existing facilities and/or for the development of
new nursing facilities.
a. The RFP will be
issued and will specify the dates that the department will accept applications.
Also, NF in the geographic service area and adjoining parishes will be notified
of the issuance of the RFP.
b. The
RFP will indicate the parish and/or geographic service area in need of beds,
the number of beds needed, the date that the beds are needed to be available to
the target population enrolled in Medicaid, and the factors that the department
considers relevant in determining need for the additional beds. The RFP will
specify the LTC-2 that the determination of need is based.
c. Applications will be accepted for a 30-day
period, to be specified in the RFP. Once submitted, an application cannot be
changed and additional information will not be accepted.
d. The RFP or RFA shall specify the
following:
i. application submission
requirements;
ii. a due date for
applications;
iii. process of
review by the FNR committee of any applications timely received, including any
supplemental review process;
iv.
notice of selection;
v. information
on appeals processes for applicants that are not granted FNR approval;
and
vi. other information or
requirements for the RFP or its process, as determined by the
department.
e. The FNR
committee will review the proposals and independently evaluate and assign
points (out of a possible 120) to the applications as follows:
i. 0-20 points: availability of beds to the
Title XIX population;
ii. 0-20
points: appropriateness of location or proposed location.
iii. 0-20 points: responsiveness to groups
with special needs (e.g., Acquired Immunodeficiency Syndrome patients,
ventilator assisted patients, technology dependent patients);
iv. 0-20 points: experience and availability
of key personnel (e.g., director of nursing, administrator, medical
director);
v. 0-20 points:
distribution of beds/facilities within the geographic service area. Geographic
distribution of existing beds and population density will be taken into
account.
f. A score of
0-20 will be given to the applicant's response to each item using the following
guideline:
i. 0 = inadequate response;
ii. 5 = marginal response;
iii. 10 = satisfactory response;
iv. 15 = above average response;
and
v. 20 = outstanding
response.
g. If there is
a tie for the highest score for a specific facility or beds, the FNR committee
will conduct a comparative review of the top scoring proposals that will
include prior compliance history, if applicable. The FNR committee may request
and review data from OAAS and HSS on prior compliance history. Subject to K.3.h
of this Section, the FNR committee will make a decision to approve one of the
top scoring applications based on comparative review of the
proposals.
h. If no proposals are
received that adequately respond to the need, the department may opt not to
approve an application.
i. At the
end of the review period, each applicant will be notified of the department's
decision to approve or disapprove the application. However, the evaluation
period may be extended, if provided for in the RFP or RFA. Applicants will be
given 30 days from the date of receipt of the department's notification in
which to file an appeal.
j. The
issuance of the approval of the application with the highest number of points
shall be suspended during the 30-day period for filing appeals and during the
pendency of any administrative appeal. All administrative appeals shall be
consolidated for purposes of the hearing.
4. Proposals submitted under these provisions
are bound to the description in the application with regard to the type of beds
and/or services proposed as well as to the site/location as defined in the
request issued by the department.
a. Approval
for licensing and Medicaid certification shall be revoked if these aspects of
the proposal are altered.
