(i) The net operating prices will be
established based on the following:
(A)
Audited nursing facility costs for the 3 most recent years available in the NIS
database adjusted for inflation. This database includes audited MA-11 cost
reports that are issued by the Department on or before March 31 of each July 1
price setting period.
(B) If a
nursing facility that has participated in the MA Program for 3 or more
consecutive years has fewer than three audited cost reports in the NIS database
that are issued by the Department on or before March 31 of each July 1 price
setting period, the Department will use reported costs, as adjusted to conform
to Department regulations, for those years not audited within 15 months of the
date of acceptance, until audits have been completed and are available in the
NIS database for price setting.
(C)
If a nursing facility, that has not participated in the MA Program for 3 or
more consecutive years, has fewer than three audited cost reports in the NIS
database that are issued by the Department on or before March 31 of each July 1
price setting period, the Department will use all available audited cost
reports in the NIS database.
(D)
For net operating prices effective on or after July 1, 2001, the Department
will revise the audited costs specified in clauses (A)-(C) by disregarding
audit adjustments disallowing or reclassifying to capital costs, the costs of
minor movable property (as defined in §
1187.2 (relating to definitions),
effective on July 1, 2001) or linens reported as net operating costs on cost
reports for fiscal periods beginning prior to January 1, 2001. The Department
will not adjust the audited statistics when revising the nursing facility
audited resident care, other resident care and administrative allowable costs
to disregard the adjustments relating to minor movable property and linen
costs. After revising the audited costs to disregard these adjustments, the
Department will recalculate the maximum allowable administrative cost, and will
disallow administrative costs in excess of the 12% limitation as specified in
§
1187.56(1)(i)
(relating to selected administrative cost policies).
(ii) Subparagraph (i)(B) does not apply if a
nursing facility is under investigation by the Office of Attorney General. In
this situation, the Department will use a maximum of the three most recent
available audited cost reports in the NIS database used for price
setting.
(iii) A cost report for a
period of less than 12 months will not be included in the NIS database used for
each price setting year.
(iv) Prior
to price setting, cost report information will be indexed forward to the 6th
month of the 12-month period for which the prices are set. The index used is
the 1st Quarter issue of the CMS Nursing Home Without Capital Market Basket
Index.
(v) Total facility and MA
CMI averages from the quarterly CMI reports will be used to determine case-mix
adjustments for each price-setting and rate-setting period as specified in
§
1187.96(a)(1)(i) and
(5) (relating to price- and rate-setting
computations).