Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 204.00 - Rates of Payment to Resident Care Facilities
Section 204.09 - Certain COVID-19-related Costs Add-on Payment Provisions

Universal Citation: 101 MA Code of Regs 101.204

Current through Register 1518, March 29, 2024

(1) General Provision. Resident care facilities eligible under 101 CMR 204.09 will receive an add-on payment that must be used to reimburse for costs related to COVID-19 in accordance with St. 2022, c. 268. This add-on payment, which is to be made in accordance with St. 2022, c. 268, is intended to be made in calendar year 2024 and represents approximately half of the payments intended to be made to resident care facilities with rates established in 101 CMR 204.00.

(2) Calculation of Certain COVID-19 Related Costs Add-on Payment. EOHHS will calculate the add-on payment for each facility as follows.

(a) Determine the total number of resident care beds as of June 7, 2023 that are:
1. in resident care facilities licensed by DPH;

2. in resident care facilities that are not subject to licensure pursuant to M.G.L.c. 111, §73B, and had SSI/SSP or EAEDC days in calendar year 2021; or

3. in facilities that are licensed by DPH as nursing facilities, but where such facility has a majority of resident care beds over nursing beds, and where such facility has not otherwise received payments for either resident care or nursing beds pursuant to 101 CMR 206.00.

(b) Divide $14,334,990 by the total number of DPH-licensed beds identified pursuant to 101 CMR 204.09(2)(a).

(c) Multiply the quotient determined by the methodology described at 101 CMR 204.09(2)(b) by the number of DPH-licensed beds for the facility as of the date identified 101 CMR 204.09(2)(a).

(3) Permissible Uses of Certain COVID-19 Related Costs Add-on Payments. Facilities may use the add-on payments made in accordance with 101 CMR 204.09 only for COVID-19-related costs including, but not necessarily limited to, investments to support the direct care workforce; COVID-19 preparedness efforts or measures including, but not limited to, increasing uptake of the COVID-19 vaccine, infection control and quality improvement, and personal protective equipment; capital improvements to improve the health, safety, and care of residents; and other COVID-19 related costs.

(4) Further Guidance. EOHHS may, by administrative bulletin or other written issuance, clarify substantive provisions of 101 CMR 204.09, update permissible uses of certain COVID-19 related costs add-on payments, or establish additional reporting or record-keeping requirements with respect to COVID-19 related costs add-on payments.

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