Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 512.00 - Nursing Facility User Fees
Section 512.04 - Calculation of User Fee

Universal Citation: 101 MA Code of Regs 101.512

Current through Register 1531, September 27, 2024

(1) EOHHS or its designee calculates the per diem user fee annually. The user fee is calculated as follows.

(a) Determine the amount of revenue to be collected in a fiscal year in accordance with M.G.L. c. 118E, § 63.

(b) Determine the expected number of non-Medicare patient days in Group I facilities.

(c) Determine the expected number of non-Medicare patient days in Group II facilities.

(d) Determine the standard rate such that the product of estimated non-Medicare patient days in Group I facilities and the Group I facility user fee rate and the product of estimated non-Medicare patient days in Group II facilities and the Group II facility user fee rate equal the amount of revenue to be collected in a fiscal year in accordance with M.G.L. c. 118E, § 63.

(2) Group I will pay the standard rate per non-Medicare patient day.

(3) Group II will pay 30% of the standard rate.

(4) The total collections are prohibited from exceeding 6% of the revenues received by the taxpayer class.

(5) Effective January 1, 2023, the user fee will be applied as follows.

Facility Group

Per Diem User Fee

Relative Rate %

Group I

$24.16

100%

Group II

$7.25

30%

(6) If, during the course of the fiscal year, EOHHS determines that the total amount of user fee revenue will be significantly different than previously estimated, it may recalculate the user fee and may change the user fee prospectively by administrative bulletin to reflect such changes based on the methodology described in 101 CMR 512.04(1).

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