(a)
Types of Administrative Adjustments. A provider may
file a petition with the Center for an administrative adjustment during the
rate year for the following reasons.
1.
Substantial Capital Expenditures. A provider may
petition for an administrative adjustment for a substantial capital expenditure
of at least $10,000 for improvements and limited life assets and $5,000 for
equipment if it has either made, or expects to make, a substantial capital
expenditure that meets the criteria set forth in
101
CMR 204.08(2)(a)1.a. through
f.
a.
Qualifying
Expenses. The provider may petition for recognition of increased
depreciation and interest expense as a result of the expenditure. The provider
may not petition for mortgage acquisition costs or increased operating costs as
a result of the expenditure.
b.
Expenditures Not Subject to Determination of Need. For
improvements, the expenditure amount must be at least 1.5 times the allowable
annual base year depreciation expense of building, improvements, and limited
life assets. For equipment, the expenditure amount must be at least 1.5 times
the allowable base year depreciation on equipment.
c.
Expenditures Subject to
Determination of Need. If the expenditure is subject to
determination of need approval, the provider may petition for an adjustment
after the Department has determined that need exists for the project and after
the time for making an appeal to the Health Facilities Appeals Board has
expired or all administrative and judicial reviews of the Department's
determination have been concluded. The provider may petition for an adjustment
before the Department has made a determination on the project if the
Commissioner of Public Health requests that EOHHS determine the appropriate
amount of an adjustment before a determination of need is made with respect to
the provider's proposed expenditure.
d.
Limitation on
Capital. The maximum amount allowed for fixed costs for a facility
is described in
101
CMR 204.08(2)(a)1.d. If the
provider has not yet incurred the expenses, it must submit satisfactory
evidence of its commitment to incur the expenditure.
Effective
Date |
Payment
Amount |
Prior to July 1, 2004 |
$17.29 |
July 1, 2004 to December 31, 2006 |
$22.56 |
January 1, 2007 to December 31, 2007 |
$25.82 |
January 1, 2008 to December 31, 2012 |
$27.30 |
January 1, 2013 to November 30, 2018 |
$28.06 |
December 1, 2018 Forward |
$37.60 |
e. EOHHS
will certify a temporary administrative adjustment of up to $37.60 upon receipt
of the notification of the petition request for the substantial capital
expenditure, rate adjustment request, and required supporting
documentation.
f. Whenever a
capital petition is granted, the provider's allowable basis will be adjusted by
increasing the accumulated depreciation by the amounts included in the rates
from the effective date of the petition.
2.
New Governmental
Requirements. A provider may petition for an administrative
adjustment if it has incurred, or presents satisfactory evidence of a
commitment to incur, substantially different costs necessary to satisfy new
requirements of a governmental unit of the Commonwealth or the federal
government. Such requirements must be related to provision of resident care. An
increase in existing government requirements is not considered a new government
requirement. EOHHS will not approve a petition for costs incurred to correct
Department of Public Health resident care deficiencies.
3.
Certain Increases in Operating
Costs. A provider may petition for an adjustment if it has
experienced unusual or unforeseen increases in operating costs that are not
reflected in the rate. Unusual and unforeseen circumstances are events of a
catastrophic nature (for example, fire, flood, or earthquake). The cost
increases must gravely threaten the financial stability of the provider. In
measuring the financial stability of the provider, EOHHS will consider all of
the provider's expenditures and revenues.
4.
Receiver Fees. A
receiver appointed under M.G.L. c. 111, § 72N may petition for a rate
adjustment to reimburse reasonable receiver compensation and payment of his or
her bond.
a. The receiver must submit detailed
invoices that document the hours expended, a brief description of each
activity, and the hourly rate. EOHHS will limit the reimbursement to the
reasonable and necessary cost to safeguard the health, safety, and continuity
of care to residents and to protect them from adverse health effects of
unsuitable transfer.
b. EOHHS will
limit reasonable receiver compensation to the lower of actual receiver fees or
$10,000 for the first 30 days, $7,500 for the second 30 days, $2,500 for the
third 30 days, and $1,500 for each 30-day period thereafter. EOHHS may include
additional receiver compensation if both the Department of Public Health and
the Department of Transitional Assistance approve additional compensation to
the receiver due to unique circumstances. EOHHS, the Department, and the
Department of Transitional Assistance will evaluate such requests for
additional compensation for reasonableness.
5.
Transfer of a
Facility. If a facility is transferred during the first six months
of the year subsequent to the base year, the buyer may file a petition
requesting that EOHHS use the buyer's cost report to determine its rate. The
buyer must demonstrate that use of the seller's base year cost report is not
appropriate to project rate year costs. The Center will determine whether use
of the buyer's cost report is appropriate to reflect reasonable and necessary
patient care costs. EOHHS will make the appropriate adjustments to reflect the
use of a non-base year cost report.
(b)
General. A
petition for an administrative adjustment must contain the following.
1. A petition must include the provider's
name, address, a detailed explanation, under oath, of the basis of the petition
and documentation supporting the amount requested including, but not limited
to, invoices, canceled checks, loan documents, any construction contracts, and
the project beginning and ending dates.
2. The provider must submit any other
information that EOHHS requires within 30 days of the request. EOHHS will not
allow the petition if the provider fails to timely submit the requested
information.
3. EOHHS will suspend
review of any petition if the provider has failed to submit reports or other
information required by 101 CMR 204.00 in a timely manner. If the provider
fails to file the required information within 60 days after notification by
EOHHS, EOHHS will dismiss the petition for administrative adjustment.
4. EOHHS will suspend review of any petition
if the Department notifies the provider that it has identified a quality of
care problem.
5. The Center may
require that the provider demonstrate that the changes in costs have actually
occurred and that the year-end cost report substantiates the financial
condition stated in the petition. If the provider fails to provide evidence of
such costs within 45 days of the Center request, EOHHS may retroactively
reverse the adjustment.
(d)
Standard of Review.
1. In reviewing the petition, EOHHS will
consider the following:
a. whether the
adjustment would result in a significant difference in the rate;
b. the costs of other providers offering the
same or comparable level of care; and
c. the ability of the Department of
Transitional Assistance to collect any overpayments that may result from the
petition. EOHHS will notify the Department of Transitional Assistance of the
petition.
2. EOHHS will
review petitions in accordance with the criteria set forth in 101 CMR 204.00 in
effect in the year in which they are received by EOHHS, notwithstanding the
effective date.