1. Basis of assessment. The Department of Human Services shall determine the amount of each nursing home's net operating revenue for nursing facility services based on information filed with cost reports required to be filed for calendar year 2001 and yearly thereafter. Any nursing home that does not file a cost report with the Department of Human Services is required to submit a statement that accurately reflects gross revenue and all other information as may be necessary to implement this Part.

2. Notice. The Maine Revenue Services shall notify in writing each nursing home of its total annual assessment as determined by the Department of Human Services as soon as practicable after the beginning of each state fiscal year.

3. Monthly payment. A nursing home shall pay its annual assessment in monthly installments to the Intermediate Care Services Other Special Revenue Fund account in the Department of Human Services.

4. Allowable cost. The Department of Human Services shall adopt rules recognizing the nursing home assessment as an allowable and reimbursable cost. The department will determine the portion of the assessment to be reimbursed based on MaineCare's share of total days of service.

5. Billing statements. The assessment imposed by this Part may not be billed by the nursing home as a separately stated charge on the billing statement to its patients.

Sec. EE-3. Failure to make timely payment of assessment.

1. Collection. If any nursing home fails to make timely payment of any portion of an assessment, action is authorized to be taken to collect any outstanding assessments consistent with the laws of the State.

2. Collection by Department of Human Services. If any portion of a nursing home's assessment is more than 30 days past due, upon 10 days' written notice to the nursing home, the Department of Human Services may:

A. Withhold the outstanding amount and any penalties or fines from the nursing home's Medicaid payments; or

B. Suspend or withdraw the nursing home's Medicaid registration.