Current through Register Vol. 18, September 20, 2024
(1)
Effective for each state fiscal year and for the six months thereafter, nursing
facilities must report to the department actual hourly wage and benefit rates
paid for all direct care and ancillary services workers or the lump sum payment
amounts for all direct care and ancillary services workers that will receive
the benefit of the funds. The reported data will be used by the department for
the purpose of comparing types and rates of payment for comparable services and
tracking distribution of direct care wage funds to designated
workers.
(2) The department will
pay Medicaid certified nursing facilities located in Montana that submit an
approved request to the department a lump sum payment in addition to the amount
paid as provided in ARM
37.40.307
and
37.40.311
to their computed Medicaid payment rate to be used only for wage and benefit
increases or lump sum payments for direct care or ancillary services workers in
nursing facilities.
(a) The department will
determine the lump sum payments, twice a year commencing July 1 of the state
fiscal year, and again in six months from that date as a pro rata share of
appropriated funds allocated for increases in direct care and ancillary
services workers' wages and benefits or lump sum payments to direct care and
ancillary services workers.
(b) To
receive the direct care and/or ancillary services workers' lump sum payment, a
nursing facility must submit for approval a request form to the department
stating how the direct care and ancillary services workers' lump sum payment
will be spent in the facility to comply with all statutory requirements. The
facility must submit all of the information required on a form to be developed
by the department in order to continue to receive subsequent lump sum payment
amounts for the entire rate year. The form for wage and benefit increases will
request information including, but not limited to:
(i) the number by category of each direct
care and ancillary services workers that will receive the benefit of the funds,
if these funds will be distributed in the form of a wage increase;
(ii) the actual per hour rate of pay before
benefits and before the direct care wage increase has been implemented for each
worker that will receive the benefit of the funds;
(iii) the projected per hour rate of pay with
benefits after the direct wage increase has been implemented;
(iv) the number of staff receiving a wage or
benefit increase by category of worker, effective date of implementation of the
increase in wage and benefit; and
(v) the number of projected hours to be
worked in the budget period.
(c) If these funds will be used for the
purpose of providing lump sum payments (i.e., bonus, stipend, or other payment
types) to direct care and ancillary services workers in nursing care facilities
the form will request information including, but not limited to:
(i) the number by category of each direct
care and ancillary services worker that will receive the benefit of the
funds;
(ii) the type and actual
amount of lump sum payment to be provided for each worker that will receive the
benefit of the lump sum funding;
(iii) the breakdown of the lump sum payment
by the amount that represents benefits and the direct payment to workers by
category of worker; and
(iv) the
effective date of implementation of the lump sum benefit.
(d) A facility that does not submit a
qualifying request for use of the funds distributed under (2), that includes
all of the information requested by the department, within the time established
by the department, or a facility that does not wish to participate in this
additional funding amount will not be entitled to their share of the funds
available for wage and benefit increases or lump sum payments for direct care
and ancillary services workers.
(3) A facility that receives funds under this
rule must maintain appropriate records documenting the expenditure of the
funds. This documentation must be maintained and made available to authorized
governmental entities and their agents to the same extent as other required
records and documentation under applicable Medicaid record requirements,
including, but not limited to, the provisions of ARM
37.40.345,
37.40.346,
and
37.85.414.
AUTH:
53-2-201,
53-6-113,
MCA ; IMP:
53-2-201,
53-6-101,
53-6-111,
53-6-113,
MCA
