49.45(6m)(ap)4.a.a. Every 12 months following the delicensure of a bed under this paragraph, for which a nursing home has not resumed licensure under
subd. 5., the department shall reduce the licensed bed capacity of the nursing home by 10% of all of the nursing home's beds that remain delicensed under this paragraph or by 25% of one bed, whichever is greater. The department shall reduce the statewide maximum number of licensed nursing home beds under
s. 150.31 (1) (intro.) by the number or portion of a number of beds by which the nursing home's licensed bed capacity is reduced under this subdivision.
49.45(6m)(ap)4.b.
b. Subdivision 4. a. does not apply with respect to the delicensure of beds between October 14, 1997, and the date that is 60 days after October 14, 1997, during the period of any contract entered into by a nursing home prior to January 1, 1997, if the contract requires the nursing home to maintain its current licensed bed capacity.
49.45(6m)(ap)5.
5. A nursing home retains the right to resume licensure of a bed of the nursing home that was delicensed under this paragraph unless the licensed bed capacity of the nursing home has been reduced by that bed under
subd. 4. The nursing home may not resume licensure of a fraction of a bed. The nursing home may resume licensure 18 months after the nursing home notifies the department in writing that the nursing home intends to resume the licensure. If a nursing home resumes licensure of a bed under this subdivision,
subd. 2. does not apply with respect to that bed.
49.45(6m)(ap)6.
6. If
subd. 4. b. applies and the nursing home later resumes licensure of a bed that was delicensed between October 14, 1997, and the date that is 60 days after October 14, 1997, the department shall calculate the costs per patient day using the methodology specified in the state plan that is in place at the time that the delicensed beds are resumed.
49.45(6m)(ar)
(ar) In determining payments for a facility under
par. (ag), the department may establish minimum patient day occupancy standards for determining costs per patient day and shall apply the following methods to calculate amounts payable for the rate year for the cost centers described under
par. (am):
49.45(6m)(ar)1.a.
a. The department shall establish standards for payment of allowable direct care costs, for facilities that do not primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state. The standards shall be adjusted by the department for regional labor cost variations.
49.45(6m)(ar)1.b.
b. The department shall establish the direct care component of the facility rate for each facility by comparing actual allowable direct care cost information of that facility adjusted for inflation to the standards established under
subd. 1. a.
49.45(6m)(ar)1.c.
c. If a facility has an approved program for provision of service to mentally retarded residents, residents dependent upon ventilators, or residents requiring supplemental skilled care due to complex medical conditions, a supplement to the direct care component of the facility rate under
subd. 1. b. may be made to that facility according to a method developed by the department.
49.45(6m)(ar)1.cm.
cm. Funding distributed to facilities for the provision of active treatment to residents with a diagnosis of developmental disability shall be distributed in accordance with a method developed by the department which is consistent with a prudent buyer approach to payment for services.
49.45(6m)(ar)2.a.
a. The department shall establish one or more standards for the payment of support service costs that take into account support service costs for a sample of all facilities within the state.
49.45(6m)(ar)2.b.
b. The department shall establish the support service component of the facility rate for each facility by comparing actual allowable support service cost information of that facility, adjusted for inflation, to the applicable standard established under
subd. 2. a.
49.45(6m)(ar)2.d.
d. The department may provide an efficiency incentive payment to a facility whose allowable support service costs are less than the standards set forth under
subd. 2. a. and a cost share payment to a facility whose allowable support service costs are greater than the standards set forth under
subd. 2. a.
49.45(6m)(ar)3.a.
a. The department shall establish standards, adjusted for heating degree day variations in the state, for payment of fuel and utility costs that take into account heating fuel and utility costs for a sample of all facilities within the state.
49.45(6m)(ar)3.b.
b. The department shall establish the fuel and utility component of the facility rate for each facility by comparing actual allowable fuel and utility cost information of that facility, adjusted for inflation, to the standard established under
subd. 3. a.
49.45(6m)(ar)3.c.
c. The department may provide an efficiency incentive payment to a facility whose allowable heating fuel and utility costs are less than the standard set forth under
subd. 3. a. and a cost share payment to a facility whose allowable heating fuel and utility costs are greater than the standards set forth under
subd. 3. a.
49.45(6m)(ar)4.
4. For net property taxes or municipal services, payment shall be made for the amount of the previous calendar year's tax or the amount of municipal service costs for a period specified by the department, subject to a maximum limit as determined by the department.
49.45(6m)(ar)5.a.
a. The department shall establish one or more standards for the payment of administrative and general costs that take into account administrative and general costs for a sample of all facilities within the state.
49.45(6m)(ar)5.b.
b. The department shall establish the administrative and general component of the facility rate for each facility by comparing actual allowable administrative and general cost information of that facility, adjusted for inflation, to the applicable standard established under
subd. 5. a.
49.45(6m)(ar)5.c.
c. The department may provide an efficiency incentive payment to a facility whose allowable administrative and general costs are less than the standards set forth under
subd. 5. a.
49.45(6m)(ar)6.
6. Capital payment shall be based on a replacement value for a facility. The replacement value shall be determined by a commercial estimator contracted for by the department and paid for by the facility. The replacement value shall be subject to limitations determined by the department.
49.45(6m)(av)1.1. The department shall calculate a payment rate for a facility by applying the criteria set forth under
pars. (ag) 1. to
5. and
7.,
(am) 1. to
5. and
(ar) 1. to
5. to information from cost reports submitted by the facility.
49.45(6m)(av)2.
2. The department shall compile an average payment rate for each facility based on that facility's rates for cost centers described under
par. (am) 1. to
5. that were in effect on June 30, 1994. The department may develop a method for adjusting the facility's rate for the cost center under
par. (am) 1. in compiling the average payment rate under this subdivision.
49.45(6m)(av)3.
3. The department shall calculate the facility's projected cost per patient day, based on that facility's cost centers under
par. (am) 1. to
5., adjusted for inflation.
49.45(6m)(av)4.
4. If the facility's payment rate under
subd. 1. is a decrease from its average payment rate under
subd. 2., and if the figure calculated under
subd. 3. exceeds the payment rate for the facility under
subd. 1., the facility's average payment rate shall be the greater of its average payment rate under
subd. 2. or its rate under
subd. 1.
49.45(6m)(av)5.
5. If
subd. 4. does not apply, the facility's payment rate shall be the payment rate calculated under
subd. 1.
49.45(6m)(av)5m.
5m. The rate under
subd. 1.,
4. or
5. may be adjusted by the department to reflect payments for the provision of active treatment to facility residents with a diagnosis of developmental disability.
49.45(6m)(av)6.
6. The total payment rate for a facility as calculated under
subd. 1.,
4.,
5. or
5m. shall be the sum of the rate so calculated, plus capital payment calculated under
pars. (am) 6. and
(ar) 6. and payment for ancillary services and materials under
par. (b) and for nonprescription drugs under
par. (bc).
49.45(6m)(b)
(b) The charges for ancillary materials and services that would be incurred by a prudent buyer may be included as an adjustment to the rate determined by
par. (av) when so determined by the department. The department may not authorize any adjustments to the rate established under
par. (av) to pay for a cost overrun that the department fails to approve under
s. 150.11 (3). Ancillary materials and services for which payment may be made include, if provided, oxygen, medical transportation and laboratory and X-ray services. Payment for these services and materials shall not exceed medical assistance limitations for reimbursement of the services and materials. For services in a facility for which the department may make payment to a service provider other than a facility, the department may make payment to the facility but not in excess of the estimated amount of payment available if a separate service provider provided the service. The department may promulgate rules setting forth conditions of and limitations to this paragraph.
49.45(6m)(bc)
(bc) The department may include charges for nonprescription drugs approved by the department as an adjustment to the rate determined under
par. (av).
49.45(6m)(bg)
(bg) The department shall determine payment levels for the provision of skilled, intermediate, limited, personal or residential care or care for the mentally retarded in the state centers for the developmentally disabled, in the Wisconsin Veterans Home at King and in the nursing care facility operated by the department of veterans affairs under
s. 45.385 separately from the payment principles, applicable costs and methods established under this subsection.
49.45(6m)(bm)
(bm) Except as provided in
par. (bo), the department may establish payment methods for a facility for which any of the following apply:
49.45(6m)(bm)2.
2. The total of licensed beds for the facility has significantly increased or decreased prior to calculation of its rate under the payment system.
49.45(6m)(bm)3.
3. The facility has undergone a change in certification or licensure level.
49.45(6m)(bm)5.
5. The facility has received approval or disapproval for provision of service to residents requiring supplemental skilled care due to complex medical conditions.
49.45(6m)(bm)6.
6. The facility has received approval or been disapproved for provision of service to residents who have any of the following:
49.45(6m)(bm)6.c.
c. An HIV infection, as defined in
s. 252.01 (2), and illness or injury associated with the development of acquired immunodeficiency syndrome.
49.45(6m)(bo)
(bo) The department may establish payment methods for capital payment for a newly constructed facility that first provided services after June 30, 1984.
49.45(6m)(bp)
(bp) Notwithstanding
pars. (am) 6. and
(ar) 6., the department may establish payment methods based on actual costs for capital payment for a facility to which, after December 31, 1982, any of the following applies:
49.45(6m)(bp)3.
3. The facility incurred annual remodeling costs of more than $600,000.
49.45(6m)(bp)4.
4. The facility incurred remodeling costs necessary to meet physical plant requirements under
42 USC 1396a (a) (13) (A).
49.45(6m)(br)
(br) If the federal department of health and human services disallows use of the allocation of matching federal medical assistance funds under applicable federal acts or programs for the reduction of operation deficits under
sub. (6u), all of the following apply:
49.45(6m)(br)1.
1. Notwithstanding
s. 20.410 (3) (cd),
20.435 (4) (bt) or
(7) (b) or
20.445 (3) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under
s. 20.435 (4) (bt) or
(7) (b), or the department shall direct the department of workforce development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation account under
s. 20.445 (3) (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under
s. 20.410 (3) (cd), in accordance with
s. 16.544 to the extent applicable.
49.45(6m)(br)2.
2. If a city, village or town owns and operates a facility that has received funds to reduce an operating deficit, the city, village or town shall reimburse the county in which the city, village or town is located in the amount of funds so received.
49.45(6m)(c)
(c) As a condition of payment under this section a facility shall:
49.45(6m)(c)1.
1. Meet the staffing standard requirements for direct care costs including the supplement, if any, made under
par. (ar) 1. c. and maintain such records as prescribed by the department to document that such level of care was actually provided.
49.45(6m)(c)2.
2. Provide at the time of a patient's admission to a home, for the development and implementation of a rehabilitation plan including the development of an alternate care plan for the patient.
49.45(6m)(c)3.
3. Provide, upon request, cost information relating to the overall financial operation of the facility, including, but not limited to wages and hours worked, costs of food, housekeeping, maintenance and administration.
49.45(6m)(c)6.
6. Provide, upon request, such information as the department considers necessary to determine allowable interest expenses under
par. (am) 5m.
49.45(6m)(d)2.
2. Terminate payment to a facility for a patient, unless a utilization review team established pursuant to federal regulations upon review of the patient's needs and the implementation of a rehabilitation plan for that patient determines that the patient's need for care and services can only be provided in a facility and determines the appropriate level of care.
49.45(6m)(d)3.
3. Establish, maintain, and periodically update a patient needs evaluation system to be used in determining the need and level of care at a facility, which shall include the social and rehabilitative needs of the patient, provide levels of care to correspond to the actual staff time required to provide such care, and define the contents of the services to be provided.
49.45(6m)(d)4.
4. Periodically audit all nursing homes and intermediate care facilities receiving funds under this paragraph, and recover payments made where the home is not meeting the conditions under which the payment was made as specified in
par. (c) 1. and
2. Erroneous information provided under
par. (c) 3. shall constitute grounds for recovery.
49.45(6m)(d)5.
5. Beginning October 1, 1989, deny payment to a facility for a patient who is admitted to the facility after the department has provided newspaper notice and notice under
s. 50.03 (2m) (b) that the facility violates
42 USC 1396 to
1396s and before the date, if any, that the department determines that the facility is in substantial compliance with
42 USC 1396 to
1396s.
49.45(6m)(e)
(e) The department shall establish an appeals mechanism within the department to review petitions from facilities providing skilled, intermediate, limited, personal or residential care or providing care for the mentally retarded for modifications to any payment under this subsection. The department may, upon the presentation of facts, modify a payment if demonstrated substantial inequities exist for the period appealed. Upon review of the department's decision the secretary may grant the modifications, which may exceed maximum payment levels allowed under this subsection but may not exceed federal maximum reimbursement levels. The department shall develop specific criteria and standards for granting payment modifications, and shall take into account the following, without limitation because of enumeration, in reviewing petitions for modification:
49.45(6m)(e)1.
1. The efficiency and effectiveness of the facility if compared with facilities providing similar services and if valid cost variations are considered.
49.45(6m)(e)3.
3. The need for additional revenue to correct licensure and certification deficiencies.
49.45(6m)(e)4.
4. The relationship between total revenue and total costs for all patients.
49.45(6m)(e)5.
5. The existence and effectiveness of specialized programs for the chronically mentally ill or developmentally disabled.
49.45(6m)(e)7.
7. Demonstrated experience in providing high quality patient care.
49.45(6m)(g)
(g) Payment under this section to a facility may not include the cost of care reimbursable for persons eligible for medicare benefits under
42 USC 1395 to
1395zz. Medical assistance recipients are not liable for these costs. The department may require that a facility recover these costs from the appropriate agencies. The department may, by rule, require medicare certification under
42 USC 1395 to
1395zz, in whole or in part, of skilled nursing facilities. Any intermediate care facility or skilled nursing facility is subject to a fine of not less than $10 nor more than $100 for each day it refuses to recover costs or refuses to obtain the required certification.
49.45(6m)(h)
(h) The department may require by rule that all claims for payment of services provided facility residents under this subchapter be submitted or countersigned by the respective facility administrator. The department may specify those categories of services for which payment will be made only if the services are rendered or authorized in writing by a primary health care provider designated by the recipient for the particular category of services.
49.45(6m)(i)1.1. On or after October 1, 1981, medical assistance payment for inpatient nursing care may only be provided for persons receiving skilled, intermediate or limited levels of nursing care as these levels are defined under
s. HSS 132.13, Wis. adm. code.
49.45(6m)(i)2.
2. Payment for personal or residential care is available for a person in a facility certified under
42 USC 1396 to
1396p only if the person entered a facility before the date specified in
subd. 1. and has continuously resided in a facility since the date specified in
subd. 1. If the person has a primary diagnosis of developmental disabilities or chronic mental illness, payment for personal or residential care is available only if the person entered a facility on or before November 1, 1983.
49.45(6m)(j)
(j) The department may develop a separate rate of payment, under this subsection, for persons requiring intense skilled nursing care, as defined by the department.
49.45(6m)(k)
(k) Notwithstanding
pars. (ag) to
(b),
(bp) and
(br), the department may participate in a demonstration project on case mix nursing home reimbursement authorized under
42 USC 1315 (a) and may modify the payment system under this section, on an experimental basis, as necessary for participation in the demonstration project.
49.45(6m)(L)
(L) For purposes of
ss. 46.27 (11) (c) 7. and
46.277 (5) (e), the department shall, by July 1 annually, determine the statewide medical assistance daily cost of nursing home care and submit the determination to the department of administration for review. The department of administration shall approve the determination before payment may be made under
s. 46.27 (11) (c) 7. or
46.277 (5) (e).
49.45(6t)
(6t) County department and local health department operating deficit reduction. From the appropriation under
s. 20.435 (4) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a county department under
s. 46.215,
46.22,
46.23 or
51.42 or by a local health department, as defined in
s. 250.01 (4), for services provided under
s. 49.46 (2) (a) 4. d. and
(b) 6. f.,
j.,
k. and
L.,
9. and
15., for case management services under
s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under
42 USC 1396d (r) (5), the department shall allocate up to $4,500,000 in each fiscal year to these county departments, or local health departments as determined by the department, and shall perform all of the following:
49.45(6t)(a)
(a) For the reduction of operating deficits incurred by the county departments or local health departments, estimate the availability of federal medicaid funds that may be matched to county, city, town or village funds that are expended for costs in excess of reimbursement for services provided under
s. 49.46 (2) (a) 4. d. and
(b) 6. f.,
j.,
k. and
L.,
9. and
15., for case management services under
s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under
42 USC 1396d (r) (5).
49.45(6t)(b)
(b) Based on the amount estimated to be available under
par. (a), develop a method, which need not be promulgated as rules under
ch. 227, to distribute this allocation to the individual county departments under
s. 46.215,
46.22,
46.23 or
51.42 or to local health departments that have incurred operating deficits that shall include all of the following:
49.45(6t)(b)1.
1. Development of criteria for determining operating deficits.
49.45(6t)(b)2.
2. Agreement, by the county in which is located a county department that has an operating deficit, or by the county, city, town or village that has established a local health department that has an operating deficit, to provide funds to match federal medicaid funds.
49.45(6t)(b)3.
3. Consideration of the size of a county department's or local health department's operating deficit.
49.45(6t)(c)
(c) Except as provided in
par. (d), distribute the allocation under the distribution method that is developed.
49.45(6t)(d)
(d) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under
s. 20.435 (4) (o) that result in a lesser allocation amount than that allocated under this subsection or disallows use of the allocation of federal medicaid funds under
par. (c), reduce allocations under this subsection and distribute on a prorated basis, as determined by the department.
