Pennsylvania Code
Title 55 - HUMAN SERVICES
Part III - MEDICAL ASSISTANCE MANUAL
Chapter 1187 - NURSING FACILITY SERVICES
Subchapter E - ALLOWABLE PROGRAM COSTS AND POLICIES
Section 1187.56 - Selected administrative cost policies
Universal Citation: 55 PA Code ยง 1187.56
Current through Register Vol. 54, No. 44, November 2, 2024
Policies for selected administrative costs are as follows:
(1) Administrative allowance.
(i) The allowable
administrative costs incurred by a nursing facility to provide services are
subject to the following limitation: the allowable administrative costs will be
determined so that all other allowable costs, excluding capital costs, equal no
less than 88% of the allowable net operating costs.
(ii) Home office cost allocations and
management fees are subject to the following conditions and limitations:
(A) Home office cost allocations and
management fees between related parties shall be reported without markup by the
nursing facility.
(B) Costs which
are not allowable, such as those related to nonworking officers or officers'
life insurance, may not be included in home office allocations or management
fees.
(C) Documentation relating to
home office and management costs shall be provided to the Department's auditors
upon request.
(D) Home office
allocations, including administratively allowable depreciation and interest
costs shall be reported on the administrative line in the MA-11.
(iii) A nursing facility providing
nursing, residential and other services shall allocate the total administrative
cost to nursing, residential and other services on the basis of a percentage of
these costs to the total net operating costs.
(2) Other interest allowance.
(i) Other interest is an
allowable administrative cost if it is necessary and proper. To be considered
allowable, necessary and proper, the interest expense shall be incurred and
paid within 90 days of the close of the cost reporting period on a loan made to
satisfy a financial need of the nursing facility and for a purpose related to
resident care. Interest incurred to pay interest is nonallowable.
(ii) Other interest may not exceed that
amount which a prudent borrower would pay as described in the Medicare
Provider Reimbursement Manual (CMS Pub. 15-1).
(iii) Other interest is allowable if paid on
loans from the nursing facility's donor-restricted funds, the funded
depreciation account or the nursing facility's qualified pension
fund.
(iv) Moneys borrowed for the
purchase or redemption of capital stock will be considered a loan for
investment purposes. The interest paid on these borrowed funds is a
nonallowable cost. The use of funds by the nursing facility for the redemption
of capital stock will be considered as an investment of available
funds.
(3) Investment income.
(i)
Investment income is used to reduce allowable other interest unless the
investment income is from one of the following:
(A) Gifts or grants of which the corpus and
interest are restricted by the donor.
(B) Funded depreciation maintained in
accordance with Federal regulations.
(C) The nursing facility's qualified pension
fund, if the interest earned remains in the fund.
(D) Issuer specified designated capital bond
funds or debt service reserve funds.
(ii) Investment income on funds found to be
used for purposes other than their designated purpose or commingled with other
funds will be used to reduce allowable administrative interest
expense.
(4) General administration expenses.
(i) Salaries of the nursing facility's
administrator, comptroller, purchasing agent, personnel director, pharmacy
consultant and other persons performing general supervision or management
duties are allowable as general administrative costs.
(ii) The salary or compensation costs of
owners, operators or persons other than nursing facility employees shall be
included as allowable costs only to the extent of their documented time and
involvement in the required management of a nursing facility. These costs mean
actual payment made during the cost reporting period on a current basis of
salary or benefits for services rendered to the nursing facility.
(iii) If a person performs work customarily
performed by different or several types of employees, the cost of the salary
and other compensation allowable for the person shall be determined by the
prorated customary salary and other compensation paid to employees for
performing the same types of work. This cost is allowable only if adequate
documentation verifying the cost is supplied by the nursing facility.
(iv) The allowable cost for a person
performing necessary duties may not exceed the customary compensation and
fringe benefits that an employee would normally receive while performing that
work.
(5) Contracted management services.
(i) In lieu of home office allocations or
management fees, a nursing facility may contract with a nonrelated management
service. The cost of this contract shall be shown as an administrative cost and
may not be allocated among other cost centers.
(ii) Management services contracted with a
related party shall be treated as home office allocations.
This section cited in 55 Pa. Code § 1187.59 (relating to nonallowable costs); and 55 Pa. Code
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