THE SENATE

S.B. NO.

1237

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to long-term care facilities.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Act 156, Session Laws of Hawaii 2012, section 2, is amended as follows:

     1.  By amending subsection (c) of section    -4, Hawaii Revised Statutes, to read:

     "(c)  Revenue from the nursing facility sustainability fee shall be used exclusively as follows:

     (1)  No less than eighty-eight per cent of the revenue from the nursing facility sustainability fee shall be used to match federal medicaid funds, with the combined total to be used to enhance capitated rates to the QUEST expanded access plans for the purpose of increasing medicaid payments to private nursing facilities;

     (2)  Twelve per cent of the revenue from the nursing facility sustainability fee shall be used by the department to restore funding for the three per cent reduction in reimbursements to nursing facilities effective 2012, and to the extent remaining after restoring the three per cent reduction for other purposes; and

     (3)  All moneys remaining in the special fund on December 30, [2013,] 2014, shall be distributed to nursing facilities within thirty days in the same proportions as received from the nursing facilities."

     2.  By amending subsection (e) of section    -4, Hawaii Revised Statutes, to read:

     "(e)  The nursing facility sustainability program special fund ceiling appropriation shall be $12,000,000 for fiscal year 2012-2013 and $10,000,000 in federal funds for HMS 401 for fiscal year 2012-2013.

     The nursing facility sustainability program special fund ceiling appropriation shall be $        for fiscal year 2013-2014 and $          in federal funds for HMS 401 for fiscal year 2013-2014."

     3.  By amending subsection (c) of section    -5, Hawaii Revised Statutes, to read:

     "(c)  The nursing facility sustainability fee shall not exceed [four] twelve per cent of net patient service revenue and shall be calculated and paid on a per resident day basis.  The per resident daily fee shall be the same amount for each affected facility, except as prescribed in subsection (d)(2)."

     4.  By amending section    -10, Hawaii Revised Statutes, to read:

     "§   -10  Enhanced rates to QUEST expanded access plans.  In accordance with title 42 Code of Federal Regulations section 438, the department shall use revenues from the nursing facility sustainability fee and federal matching funds to enhance the capitated rates paid to the QUEST expanded access plans for [the] state fiscal [year] years beginning with the 2012-2013 fiscal year, consistent with the following objectives:

     (1)  The rate enhancement shall be used exclusively for increasing reimbursements to private nursing facilities to support the availability of services and to ensure access to care to QUEST expanded access enrollees;

     (2)  The rate enhancement shall be made part of the monthly capitated rates by the department to the QUEST expanded access plans, which shall provide documentation to the department and the nursing facility trade associations located in Hawaii certifying that the revenues received under paragraph (1) are used in accordance with this section;

     (3)  The rate enhancement shall be actuarially sound and approved by the federal government for federal fund participation; and

     (4)  The department shall modify the fee-for-service reimbursement rates of the nursing facilities to recognize the medicaid portion of the nursing facility sustainability fee as an additional cost of serving medicaid patients, and to provide a uniform percentage increase in pre-existing facility-specific rates."

     SECTION 2.  Act 156, Session Laws of Hawaii 2012, is amended by amending section 5 to read as follows:

     "SECTION 5.  This Act shall take effect on July, 1, 2012, and shall be repealed on June 30, [2013;] 2014; provided that section    -4(c), Hawaii Revised Statutes, established by section 2 of this Act, shall be repealed on December 31, [2013.] 2014."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.


     SECTION 4.  This Act shall take effect on June 29, 2013.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Long-term Care Facilities; Nursing Sustainability Fee; Nursing Facility Sustainability Program Special Fund

 

Description:

Extends the sunset date of Act 156, SLH 2012, relating to the nursing facility sustainability fee program, to 6/30/2014 and makes conforming amendments.  Increases the cap for the nursing facility sustainability fee to twelve per cent of net patient service revenue.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.