LD 1839
pg. 9
Page 8 of 10 An Act to Maintain High-quality Services in Long-term Care in Maine Page 10 of 10
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LR 2533
Item 1

 
be paid by all facilities on a proportional basis. The debt
service is allocated to remaining nursing facility providers in
proportion to their number of licensed beds.

 
The bill provides for the allocation of the total net
outstanding debt among remaining facilities within a multi-
facility operator's system in proportion to the number of
licensed beds owned by each remaining nursing facility.

 
Under current law, hospitals, intermediate care facilities,
skilled nursing facilities and other facilities licensed under
chapter 405 may provide home health care services to clients
residing in those facilities, or at any one time, to 6 or fewer
clients residing in their homes under a department-approved care
plan. In either case, the licensed home health care agencies
serving the patient's area must either have indicated that they
are unable to provide those services or have agreed that the plan
of care is an acceptable plan. The bill eliminates the
requirement for obtaining approval of the care plan by the
department or by the home health care agency; eliminates the
condition that the home health care agencies in the area indicate
that they are unable to provide the services in question; and
adds the requirement that the facilities must notify the home
health agencies of the fact that the facilities will be providing
those services.

 
The bill revises the medical eligibility provisions applicable
to the Medicaid program to require the department to discontinue
its current practice of denying all reimbursement to a nursing
facility that inadvertently misses the established deadline for
asking the department to reassess a resident's eligibility.
Instead, the department would be allowed to apply 2 sanctions.
First, it could penalize the facility up to 10% of its regular
reimbursement rate for the days between the due date for the
assessment and the date the facility actually requested
reassessment. Second, the department could reduce the rate to
the much lower residential care rate, if the reassessment, when
performed, showed that the resident no longer required a nursing
facility level of care.

 
The bill requires the department to utilize 1997 data for
calculating the maximum allowable reimbursement for facilities'
routine costs. The bill also requires that the department
distinguish between facilities with 30 or more beds and those
with fewer than 30 beds in establishing the maximum amount of
reimbursable costs for the various cost categories established
for residential care.

 
The bill directs the department to resume its approval of
staffing requests by residential care facilities as had been the
department's practice prior to June of 1998.


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