Current through Register Vol. 35, No. 18, September 24, 2024
A.
Adequate cost data:
(1)
Providers receiving payment on the basis of reimbursable cost must provide
adequate cost data based on financial and statistical records which can be
verified by qualified auditors. The cost data must be based on an approved
method of cost finding and on the accrual basis of accounting. However, where
governmental institutions operate on a cash basis of accounting, cost data on
this basis will be acceptable, subject to appropriate treatment of capital
expenditures.
(2)
Cost
finding: The cost finding method to be used by NF providers will be the
step-down method. This method recognizes that services rendered by certain
non-revenue-producing departments or centers are utilized by certain other
non-revenue-producing centers. All costs of non-revenue-producing centers are
allocated to all centers which they serve, regardless of whether or not these
centers produce revenue. The cost of the non-revenue-producing center serving
the greatest number of other centers, while receiving benefits from the least
number of centers, is apportioned first. Following the apportionment of the
cost of the non-revenue-producing center, that center will be considered
"closed" and no further costs will be apportioned to it. This applies even
though it may have received some service from a center whose cost is
apportioned later. Generally when two centers render services to an equal
number, that center which has the greater amount of expense will be allocated
first.
B.
Reporting year: For the purpose of determining a prospective per
diem rate related to cost for NF services, the reporting year is the provider's
fiscal year. The provider will submit a cost report each year.
C.
Cost reporting: At the end of
each fiscal year the provider will provide to the state agency or its audit
agent an itemized list of allowable cost (financial and statistical report) on
the N.M. Title XIX cost reporting form. This itemized list must be submitted
within 150 days after the close of the provider's cost reporting year. Failure
to file a report within the 150-day limit will result in termination of Title
XIX payments. In the case of a change of ownership the previous provider must
file a final cost report as of the date of the change of ownership in
accordance with reporting requirements specified in this plan. The department
will withhold the last month's payment to the previous provider as security
against any outstanding obligations to the department. The provider must notify
the department 60 days prior to any change in ownership.
D.
Retention of records:
(1) Each NF provider shall maintain financial
and statistical records of the period covered by such cost report for a period
of 10 years following the date of submittal of the New Mexico Title XIX cost
report to the state agency. These records must be accurate and in sufficient
detail to substantiate the cost data reported. The provider shall make such
records available upon demand to representatives of the state agency, the state
audit agent, or the department of health and human services.
(2) The state agency or its audit agent will
retain all cost reports submitted by providers for a period of 10 years
following the date of final settlement of such reports.
E.
Audits: Audits will be
performed in accordance with
42 CFR
447.202.
(1)
Desk audit: Each cost report submitted will be subjected to a
comprehensive desk audit by the state audit agent. This desk audit is for the
purpose of analyzing the cost report. After each desk audit is performed, the
audit agent will submit a complete report of the desk review to the state
agency.
(2)
Field
audit: Field audits will be performed on all providers at least once
every three years. The purpose of the field audit of the provider's financial
and statistical records is to verify that the data submitted on the cost report
are in fact accurate, complete and reasonable. The field audits are conducted
in accordance with generally accepted auditing standards and of sufficient
scope to determine that only proper items of cost applicable to the service
furnished were included in the provider's calculation of its cost and to
determine whether the expenses attributable to such proper items of cost were
accurately determined and reasonable. After each field audit is performed, the
audit agent will submit a complete report of the audit to the state agency.
This report will meet generally accepted auditing standards and shall declare
the auditor's opinion as to whether, in all material respects, the costs
reported by the provider are allowable, accurate and reasonable in accordance
with the state plan. These audit reports will be retained by the state agency
for a period of not less than three years from the date of final settlement of
such reports.
F.
Overpayments: All overpayments found in audits will be accounted
for on the HCFA-64 report to health and human services (HHS) no later than the
second quarter following the quarter in which found.
G.
Allowable costs: The
following identifies costs that are allowable in the determination of a
provider's actual, allowable and reasonable costs. All costs are subject to all
other terms stated in HIM-15 that are not modified by these regulations.
(1)
Cost of meeting certification
standards: These will include all items of expense that the provider
must incur under:
(a)42 CFR 442;
(b) Sections 1861(j) and 1902(a)(28) of the
Social Security Act;
(c) standards
included in
42 CFR
431.610; and
(d) cost incurred to meet requirements for
licensing under state law which are necessary for providing NF
service.
(2)
Costs
of routine services: Allowable costs shall include all items of expense
that providers incur to provide routine services, known as operating costs.
Operating costs include such things as:
(a)
regular room;
(b) dietary and
nursing services;
(c) medical and
surgical supplies (including syringes, catheters; ileostomy, and colostomy
supplies);
(d) use of equipment and
facilities;
(e) general services,
including administration of oxygen and related medications, hand feeding,
incontinency care, tray service and enemas;
(f) items furnished routinely and relatively
uniform to all patients, such as patient gowns, water pitchers, basins and bed
pans;
(g) items stocked at nursing
stations or on the floor in gross supply and distributed or used individually
in small quantities, such as alcohol and body rubs, applicators, cotton balls,
bandaids, laxatives and fecal softeners, aspirin, antacids, over-the-counter
(OTC) ointments, and tongue depressors;
(h) items which are used by individual
patients but which are reusable and expected to be available, such as ice bags,
bed rails, canes, crutches, walkers, wheelchairs, traction equipment, and other
durable equipment;
(i) special
dietary supplements used for tube feeding or oral feeding even if prescribed by
a physician;
(j) laundry services
including basic personal laundry;
(k) the department will make payment directly
to the medical equipment provider in accordance with procedures outlined in
8.324.5 NMAC, Durable Medical Equipment and Medical Supplies,
and subject to the limitations on rental payments contained in that section;
and
(l) managerial, administrative,
professional, and other services related to the providers operation and
rendered in connection with patient care.
(3)
Facility costs, for purpose
of specific limitations included in this plan, include only depreciation, lease
costs, and long-term interest.
(a)
Depreciation is the systematic distribution of the cost or other basis of
tangible assets, less salvage value, over the estimated useful life of the
assets.
(i) The basis for depreciation is the
historical cost of purchased assets or the fair market value at the time of
donation for donated assets.
(ii)
Historical cost is the actual cost incurred in acquiring and preparing an asset
for use.
(iii) Fair market value is
the price for which an asset would have been purchased on the date of
acquisition in an arms-length transaction between an informed buyer and seller,
neither being under any compulsion to buy or sell. Fair market value shall be
determined by a qualified appraiser who is a registered member of the American
institute of real estate appraisers (MAI) and who is acceptable to the
department.
(iv) In determining the
historical cost of assets where an on-going facility is purchased, the
provisions of medicare provider reimbursement manual (HIM-15), Section 104.14
will apply.
(v) Depreciation will
be calculated using the straight-line method and estimated useful lives
approximating the guidelines published in American hospital association chart
of accounts for hospitals.
(b) Long-term interest is the cost incurred
for the use of borrowed funds for capital purposes, such as the acquisition of
facility, equipment, improvements, etc., where the original term of the loan is
more than one year.
(c) Lease term
will be considered a minimum of five years for purposes of determining
allowable lease costs.
(4)
Gains and losses on
disposition: Gains or losses on the disposition of depreciable assets
used in the program are calculated in accordance with Section 130 and 132 of
HIM-15. Disposition of a provider's depreciable assets which effectively
terminates its participation in the program shall include the sale, lease or
other disposition of a facility to another entity whether or not that entity
becomes a participant in the program. The amount of gain on the disposition of
depreciable assets will be subject to recapture as allowed by HIM-15.
(5) Depreciation, interest, lease costs, or
other costs are subject to the limitations stated in Section 2422 of HIM-15
regarding approval of capital expenditures in accordance with Section 1122 of
the Social Security Act.
(6)
Facility costs are subject to all other terms stated in HIM-15 that are not
modified by these regulations.
H.
Non-allowable costs:
(1) bad debts, charity, and courtesy
allowances: bad debts on non-Title XIX program patients and charity and
courtesy allowances shall not be included in allowable costs;
(2) purchases from related organizations:
cost applicable to services, facilities, and supplies furnished to a provider
by organizations related to the provider by common ownership or control shall
not exceed the lower of the cost to the related organization or the price of
comparable services, facilities or supplies purchased elsewhere; providers
shall identify such related organizations and costs in the state's cost
reports;
(3) return on equity
capital;
(4) other cost and expense
items identified as unallowable in HIM-15;
(5) interest paid on overpayments as per
8.302.2 NMAC, Billing for Medicaid Services; and
(6) any civil monetary penalties levied in
connection to intermediate sanctions, licensure, certification, or fraud
regulations.