PURPOSE: This rule establishes a payment plan for long-term care required by the Code of Federal Regulations. The plan describes principles to be followed by Title XIX long-term care providers in making financial reports and presents the necessary procedures for setting rates, making adjustments and auditing the cost reports.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) Authority. This rule is established pursuant to the authorization granted to the Department of Social Services, Division of Medical Services to promulgate rules.
2. (2) Purpose. This rule establishes a methodology for determination of prospective per-diem rates for long-term care
3. (LTC) facilities.

4. (3) General Principles.

   1. (A) Provisions of this reimbursement plan shall apply only to facilities certified for participation in the Missouri Medical Assistance (Medicaid) program.
   2. (B) The per-diem rates determined by this rule shall apply only to services provided on and after July 1, 1990.
   3. (C) The effective date of this rule shall be July 1, 1990.
   4. (D) The Medicaid program shall provide reimbursement for LTC services based solely on the individual Medicaid-eligible recipient’s covered days of care (within benefit limitations) multiplied by the facility’s Medicaid per-diem rate. No payments may be collected or retained in addition to the Medicaid perdiem rate for covered services. Where third-party payment is involved, Medicaid will be the payor of last resort with the exception of state programs such as Vocational Rehabilitation and the Missouri Crippled Children’s Services.

   5. (E) The Medicaid per-diem rate shall be the lower of—

      1. 1. The Medicare (Title XVIII) per-diem rate, if applicable;
      2. 2. The per-diem rate as determined in accordance with

section (11); or

1. 3. The LTC ceiling (LTCC). The LTCC in effect on July 1, 1990,

shall be a per-diem rate of fifty-four dollars and ninety-five cents ($54.95). The LTCC will be increased by the amounts prescribed in paragraph (12)(A)1. effective for the dates of services and purposes specified in paragraph (12)(A)1.

1. (F) Medicaid reimbursements shall not be paid for services provided to Medicaid-eligible recipients during any time period in which the facility failed to have a Medicaid participation agreement in effect. A per-diem reimbursement rate may not be established for a facility if a Medicaid participation agreement is not in effect.
2. (G) Upon execution of a Medicaid participation agreement, a qualified facility not previously certified for participation in the Medicaid program shall be assigned a provider number by the Division of Medical Services. Facilities previously certified shall retain the same provider number regardless of any change in ownership.
3. (H) Regardless of changes in ownership for any facility certified for participation in the Medicaid program, the division will issue allowable reimbursements to the facility identified in the current Medicaid participation agreement and will recover from that entity liabilities, sanctions and penalties pertaining to the Medicaid program.
4. (I) A facility with certified and noncertified beds shall allocate allowable costs related to the provisions of LTC services in an equitable manner. The methods for allocation must be supported by adequate accounting, statistical data, or both, necessary to evaluate the allocation method and its application.
5. (J) Any facility which is terminated from participation in the Medicare program also shall be terminated from participation in the state’s Medicaid program on the same date as the Medicare determination.
6. (K) No restrictions nor limitations shall be placed on a recipient’s right to select providers of his/her own choice.
7. (L) The average Medicaid rate paid shall not exceed the average private pay rate for the same period covered by the facility’s Medicaid cost report. Any amount in excess will be subject to repayment, recoupment, or both.

1. (4) Definitions.

   1. (A) Allowable cost. Those costs which are allowable for allocation to the Medicaid program based upon the principles established in this rule. The allowability of costs not addressed specifically in this rule shall be determined by the Division of Medical Services. This determination may be based upon criteria such as the Medicare Provider Reimbursement Manual (HIM-15) and section (7) of this rule.
   2. (B) Average private pay rate. The usual and customary charge for non-Medicaid patients determined by dividing total non- Medicaid days of care into revenue net of contractual allowances from the same service that is included in the Medicaid perdiem rate, excluding negotiated payment methodologies with state or federal agencies such as the Veterans Administration and the Missouri Department of Mental Health.
   3. (C) The Building Cost Calculator (formerly known as the Dodge Construction Index). The cost per square foot as published in Calculator and Valuation Guide for a convalescent/nursing home of good quality, masonry wall construction as of midyear 1970 and adjusted by the general purpose Local Building Cost Multiplier as of the following date: 1) the date the original Certificate of Need (CON) or waiver was issued, 2) if a six (6)- month extension was granted, the date the first extension was granted, or 3) if the facility was constructed prior to October 1, 1980, the date will be October 1, 1980. The Local Building Cost Multipliers used to adjust costs shall be those established for Columbia, Kansas City and St. Louis. The multiplier to be used in determining a facility’s rate shall be the one established for the city geographically closest to the facility as determined by the straight line distance (not road miles) between the two (2) points, as determined from the latest Missouri official highway map furnished by the Missouri Highways and Transportation Department. Calculator and Valuation Guide is a publication of Calculator, Inc., 12251 Harbor Drive, Woodbridge, VA 22192.
   4. (D) Change of ownership. A change in ownership, control, operation or leasehold interest by any form for any facility certified for participation in the Medicaid program at any time.
   5. (E) Cost report. The Financial and Statistical Report for Nursing Facilities, required attachments as specified in subsection (10)(A) of this rule and all worksheets supplied by the division for this purpose. The cost report shall detail the cost of rendering both covered and noncovered services for the fiscal reporting period in accordance with the procedures prescribed by the division and on forms provided or prescribed, or both, by the division.
   6. (F) Department. The department, unless otherwise specified, refers to the Missouri Department of Social Services.
   7. (G) Desk review. The Division of Medical Services’ review of a provider’s cost report without on-site audit.
   8. (H) Director. The director, unless otherwise specified, refers to the director, Missouri Department of Social Services.
   9. (I) Division. Unless otherwise designated, division refers to the Division of Medical Services, the division of the Department of Social Services charged with administration of Missouri’s Medical Assistance (Medicaid) program.
   10. (J) Division of Aging. The division of the Department of Social Services responsible for survey, certification and licensure of LTC facilities.
   11. (K) Entity. Any natural person, all corporations, business, partnership or something that exists as a discrete unit.
   12. (L) Facility fiscal year. A facility’s twelve (12)-month fiscal reporting period covering the same twelve (12)-month period as its federal tax year.
   13. (M) Generally accepted accounting principles (GAAP). Accounting conventions, rules and procedures necessary to describe accepted accounting practice at a particular time promulgated by the authoritative body establishing those principles.
   14. (N) Intermediate care facility (ICF). Prior to October 1, 1990, a facility certified to provide intermediate care under the Title XIX program.
   15. (O) LTC facility. Prior to October 1, 1990, a facility certified to provide skilled nursing services under the Title XIX program (skilled nursing facility (SNF)), or a facility certified to provide intermediate care under the Title XIX program (ICF), or a facility certified to provide skilled nursing and intermediate care under the Title XIX program (SNF/ICF). On and after October 1, 1990, a nursing facility (NF).
   16. (P) New facility. A newly-built LTC facility for which an approved CON or applicable waiver was obtained and which was newly completed and operational on or after July 1, 1990.
   17. (Q) Nursing facility (NF). Effective October 1, 1990, SNFs, SNF/ICFs and ICFs participating in the Medicaid program all will be subject to state and federal laws or regulations for participation as an NF.
   18. (R) Occupancy. A facility’s total actual patient days divided by the total bed days for the same period.
   19. (S) Patient day. The period of service rendered to a patient between the census-taking hour on two (2) consecutive days. Census shall be taken in all facilities at midnight each day and a census log maintained in each facility for documentation purposes. Patient day includes the allowable temporary leaveof-absence days per subsection (5)(D). The day of discharge is not a patient day for reimbursement unless it is also the day of admission.
   20. (T) Provider or facility. An LTC facility with a valid Medicaid participation agreement in effect on or after July 1, 1990, with the Department of Social Services for the purpose of providing LTC services to Title XIX-eligible recipients.

   21. (U) Related parties. Parties are related when any one (1) of the following circumstances apply:

       1. 1. An entity in which, through its activities, one (1) entity’s

transactions are for the benefit of the other and the benefits exceed those which are usual and customary in those dealings;

1. 2. An entity has an ownership or controlling interest in

another entity and the entity, or one (1) or more relatives of the entity, has an ownership or controlling interest in the other entity. For the purposes of this paragraph, ownership or controlling interest does not include a bank, savings bank, trust company, building and loan association, savings and loan association, credit union, industrial loan and thrift company, investment banking firm or insurance company unless the entity, directly or through a subsidiary, operates a facility; or

1. 3. As used in this rule, the following terms mean:

   1. A. Indirect ownership/interest, an ownership/interest in

an entity that has an ownership/interest in another entity. This term includes an ownership/interest in any entity that has an indirect ownership/interest in an entity;

1. B. Ownership/interest, the possession of equity in the

capital, in the stock or in the profits of an entity;

1. C. Ownership or controlling interest, when an entity—

   1. (I) Has an ownership/interest totalling five percent

(5%) or more in an entity;

1. (II) Has an indirect ownership/ interest equal

to five percent (5%) or more in an entity. The amount of indirect ownership/interest is determined by multiplying the percentages of ownership in each entity;

1. (III) Has a combination of direct and indirect

ownership/interest equal to five percent (5%) or more in an entity;

1. (IV) Owns an interest of five percent (5%) or more in

any mortgage, deed of trust, note or other obligation secured by an entity if that interest equals at least five percent (5%) of the value of the property or assets of the entity. The percentage of ownership resulting from these obligations is determined by multiplying the percentage of interest owned in the obligation by the percentage of the entity’s assets used to secure the obligation;

1. (V) Is an officer or director of an entity; or
2. (VI) Is a partner in an entity that is organized as a

partnership; and

1. D. Relative, person related by blood, adoption or

marriage to the fourth degree of consanguinity.

1. (V) Restricted funds. Funds, cash or otherwise, including grants, gifts, taxes and income from endowments which must be used only for a specific purpose designated by the donor.
2. (W) Skilled nursing facility (SNF). Prior to October 1, 1990, a facility certified to provide skilled nursing services under the Title XIX program.
3. (X) SNF/ICF combination. Prior to October 1, 1990, a facility certified to provide skilled nursing and intermediate care under the Title XIX program.
4. (Y) Square footage. The square footage of a facility will be determined from the records of the county assessor of the county where the facility is located. For facilities that are exempt from property tax assessment, the square footage of the facility shall be determined from a certified statement from a licensed architect verifying the square footage of the facility in accordance with the American Institute of Architects Document D101.
5. (Z) Unrestricted funds. Funds, cash or otherwise, including grants, gifts, taxes and income from endowments which are given to a provider without restriction by the donor as to their use.

1. (5) Covered Supplies, Items and Services. All supplies, items and services covered in the per-diem rate must be provided to the resident as necessary. Supplies and services which would otherwise be covered in a per-diem rate but which also are billable to the Title XVIII Medicare program must be billed to that program for facilities participating in the Title XVIII Medicare program. Covered supplies, items and services include, but are not limited to, the following:

   1. (A) Services, items and supplies required by federal or state law or regulation which must be provided by LTC facilities participating in the Title XIX program;
   2. (B) Semiprivate room and board;
   3. (C) Private room and board when it is necessary to isolate a recipient due to a medical or social condition, examples of which may be contagious infection, loud irrational speech, and the like;
   4. (D) Temporary leave of absence days for Medicaid recipients, not to exceed twelve (12) days for the first six (6) calendar months and not to exceed twelve (12) days for the second six (6) calendar months. Temporary leave of absence days specifically must be provided for in the recipient’s plan of care and physician prescribed. Periods of time during which a recipient is away from the facility because s/he is visiting a friend or relative are considered temporary leaves of absence;
   5. (E) Provision of nursing services;
   6. (F) Provision of personal hygiene and routine care services furnished routinely and relatively uniformly to all residents;
   7. (G) All laundry services, including personal laundry;
   8. (H) All dietary services, including special dietary supplements used for tube feeding or oral feeding. Dietary supplements prescribed by a physician are also covered items;
   9. (I) All consultative services required by federal or state law or regulation;
   10. (J) All therapy services required by federal or state law or regulation;
   11. (K) All routine care items, including disposables and including, but not limited to, those items specified in Appendix A to this rule;
   12. (L) All nursing care services and supplies, including disposables and including, but not limited to, those items specified in Appendix A to this rule;
   13. (M) Any and all nonlegend antacids, nonlegend laxatives, nonlegend stool softeners and nonlegend vitamins. Providers may not elect which nonlegend drugs in any of the four (4) categories to supply; any and all must be provided to residents as needed and are included in a facility’s per-diem rate; and
   14. (N) Hospital leave days as defined in 13 CSR 70-10.070.

2. (6) Noncovered Supplies, Items and Services. All supplies, items and services which are not either covered in a facility’s perdiem rate, billable to another program in the Missouri Medical Assistance (Medicaid) program or billable to Medicare or other third-party payors. Noncovered supplies, items and services include, but are not limited to, the following:

   1. (A) Private room and board unless it is necessary to isolate a recipient due to a medical or social condition, examples of which may be contagious infection and loud irrational speech. Unless a private room is necessary due to a medical or social condition, a private room is a noncovered service and therefore a Medicaid recipient or responsible party may pay the difference between a facility’s semiprivate charge and its charge for a private room. Medicaid recipients may not be placed in private rooms and charged any additional amount above the facility’s Medicaid per diem unless the recipient or responsible party, in writing, specifically requests a private room prior to placement in one and acknowledges that an additional amount not payable by Medicaid will be charged for it;
   2. (B) Supplies, items and services for which payment is made under Missouri Medical Assistance (Medicaid) program directly to a provider(s) other than providers of the LTC services; and
   3. (C) Supplies, items and services provided nonroutinely to residents for personal comfort or convenience.

3. (7) Allowable cost areas are—

   1. (A) Compensation of owners.

      1. 1. Compensation of services of owners shall be an allowable

cost area, provided the services are actually performed, are necessary and are reasonable.

1. 2. Compensation shall mean the total benefit, within the

limitations set forth in this rule, received by the owner for the services s/he renders to the facility, including direct payments for managerial, administrative, professional and other services, amounts paid for the personal benefit of the owner, the cost of assets and services which the owner receives from the provider, and additional amounts determined to be the reasonable value of the services rendered by sole proprietors or partners and not paid by any method previously described in this rule. Compensation must be paid (whether in cash, negotiable instrument or in kind) within seventy-five (75) days after the close of the period in accordance with the guidelines published in the Medicare Provider Reimbursement Manual (PRM), Part 1, Section 906.4.

1. 3. Reasonableness of compensation shall be limited as

prescribed in subsection (8)(Q).

1. 4. Necessary services refers to those services that are

pertinent to the operation and sound conduct of the facility; had the owner not rendered these services, then employment of another entity to perform the service would be necessary;

1. (B) Covered services and supplies as defined in section (5) of this rule.

2. (C) Depreciation.

   1. 1. An appropriate allowance for depreciation on buildings,

furnishings and equipment which are part of the operation and sound conduct of the provider’s business is an allowable cost item. Finder’s fees are not an allowable cost item.

1. 2. The depreciation must be identifiable and recorded in

the provider’s accounting records, based on the basis of the asset and prorated over the estimated useful life of the asset using the straight-line method of depreciation from the date initially put into service.

1. 3. The basis of assets at the time placed in service shall be

the lower of—

1. A. The book value of the provider;
2. B. Fair market value at the time of acquisition;
3. C. The recognized Internal Revenue Service (IRS) tax

basis; and

1. D. In the case of change in ownership after July 18, 1984,

the cost basis of acquired assets of the owner of record as of July 18, 1984, as of the effective date of the change in ownership or, in the case of a facility which entered the program after July 18, 1984, the owner at the time of the initial entry into the Medicaid program.

1. 4. The basis of donated assets will be allowed to the extent

of recognition of income resulting from the donation of the asset. Should a dispute arise between a provider and the division as to the fair market value at the time of acquisition of a depreciable asset and an appraisal by a third party is required, the appraisal cost will be shared proportionately by the Medicaid program and the facility in ratio to Medicaid recipient reimbursable patient days to total patient days.

1. 5. Allowable methods of depreciation shall be limited to

the straight-line method. The depreciation method used for an asset under the Medicaid program need not correspond to the method used by a provider for non-Medicaid purposes; however, useful life shall be in accordance with the American Hospital Association’s Guidelines. Component part depreciation is optional and allowable under this rule.

1. 6. Historical cost is the cost incurred by the provider in

acquiring the asset and preparing it for use except as provided in this rule. Usually, historical cost includes costs that would be capitalized under GAAP. For example, in addition to the purchase price, historical cost would include architectural fees and related legal fees. When a provider has elected, for federal income tax purposes, to expense certain items, such as interest and taxes during construction, the historical cost basis for Medicaid depreciation purposes may include the amount of these expensed items. However, when a provider did not capitalize these costs and has written off the costs in the year they were incurred, the provider cannot retroactively capitalize any part of these costs under the program. For purposes of this rule, any asset costing less than one thousand dollars ($1000), or having a useful life of one (1) year or less, may be expensed and not capitalized at the option of the provider.

1. 7. When an asset is acquired by trading in an existing

asset, the cost basis of the new asset shall be the sum of undepreciated cost basis of the traded asset plus the cash paid.

1. 8. For the purpose of determining allowance for

depreciation, the cost basis of the asset shall be as described in paragraph (7)(C)3.

1. 9. Capital expenditures for building construction or for

renovation costs which are in excess of one hundred fifty thousand dollars ($150,000) and which cause an increase in a provider’s bed capacity shall not be allowed in the depreciation base if the capital expenditures fail to comply with any federal or state law or regulation, such as CON.

1. 10. Amortization of leasehold rights and related interest

and finance costs shall not be allowable costs under this rule;

1. (D) Interest and finance costs.

   1. 1. Necessary and proper interest on both current and

capital indebtedness shall be an allowable cost item excluding finder’s fees.

1. 2. Interest is the cost incurred for the use of borrowed

funds. Interest on current indebtedness is the cost incurred for funds borrowed for a relatively short term. This is usually for purposes such as working capital for normal operating expenses. Interest on capital indebtedness is the cost incurred for funds borrowed for capital purposes such as acquisition of facilities and capital improvements, and this indebtedness must be amortized over the life of the loan.

1. 3. Interest may be included in finance charges imposed

by some lending institutions, or it may be a prepaid cost or discount in transactions with those lenders who collect the full interest charges when funds are borrowed.

1. 4. Interest (including finance charges, prepaid costs

and discounts) must be supported by evidence of a written agreement that funds were borrowed and that payment of interest and repayment of the funds are required. The interest costs must be identifiable in the provider’s accounting records, must be related to the reporting period in which the costs are claimed and must be necessary and proper for the operation, maintenance or acquisition of the provider’s facility.

1. 5. Necessary means that the interest be incurred for a

loan made to satisfy a financial need of the provider and for a purpose related to recipient care. Loans which result in excess funds or investments are not considered necessary.

1. 6. Proper means that the interest be incurred at a rate not

in excess of what a prudent borrower would have had to pay in the market at the time the loan was made.

1. 7. Interest on loans to for-profit providers by proprietors,

partners and any stockholders shall not be an allowable cost item because the loans shall be treated as invested capital and included in the computation of an allowable return on owner’s net equity.

1. 8. If loans for capital indebtedness exceed the asset cost

basis as defined in subsection (7)(C), the interest associated with the portion of the loan(s) which exceeds the asset cost basis as defined in subsection (7)(C) shall not be allowable.

1. 9. Income from a provider’s qualified retirement fund shall

be excluded in consideration of the per-diem rate.

1. 10. A provider shall amortize finance charges, prepaid

interest and discounts over the period of the loan ratably or by means of the constant rate of interest method on the unpaid balance.

1. 11. Usual and customary costs excluding finder’s fees

incurred to obtain loans shall be treated as interest expense and shall be allowable costs over the period of the loan ratably or by means of the constant rate of interest method.

1. 12. Usual and customary costs shall be limited to the

lender’s title and recording fees, appraisal fees, legal fees, escrow fees and closing costs.

1. 13. Interest expense resultant from capital expenditures

for building construction or for renovation costs which are in excess of one hundred fifty thousand dollars ($150,000) and which cause an increase in a provider’s bed capacity shall not be an allowable cost item if the capital expenditures fail to comply with any federal or state law or regulation, such as CON;

1. (E) Rental and leases.

   1. 1. Rental and leases of land, buildings, furnishings and

equipment are allowable cost areas; provided, that the rented items are necessary and not, in essence, a purchase of those assets. Finder’s fees are not an allowable cost item.

1. 2. Necessary rental and lease items are those which are

pertinent to the economical operation of the provider.

1. 3. In the case of related parties, rental and lease amounts

cannot exceed the lesser of those which are actually paid or the costs to the related party.

1. 4. Determination of reasonable and adequate

reimbursement for rental and amounts, except in the case of related parties which is subject to other provisions of this rule, may require affidavits of competent, impartial experts who are familiar with the current rentals and leases.

1. 5. The test of necessary costs shall take into account the

agreement between the owner and the tenant regarding the payment of related property costs.

1. 6. Leases subject to CON approval must have that approval

before a rate is determined.

1. 7. If rent or lease costs increase solely as a result of

change in ownership after July 18, 1984, the resulting increase which exceeds the allowable capital cost of the owner of record as of July 18, 1984, or, in the case of a facility which entered the program after July 18, 1984, the owner at the time of the initial entry into the Medicaid program, shall be a nonallowable cost;

1. (F) Real estate and personal property taxes levied on or incurred by a facility.
2. (G) Issuance of revenue bond and tax levies by district and county facilities. For those nursing home districts and county facilities whose funding is through the issuance of revenue bonds, that interest which is paid per the revenue bond will be granted as an allowable cost item. Depreciation on the plant and equipment of these facilities also shall be an allowable cost item. Any tax levies which are collected by nursing home districts or county homes that are supported in whole or in part by these levies will not be recognized as a revenue offset except to the extent that the funds are used for the actual operation of the facility.

3. (H) Value of services of employees.

   1. 1. Except as provided for in this rule, the value of services

performed by employees in the facility shall be included as an allowable cost area to the extent actually compensated, either to the employee or to the supplying organization.

1. 2. Services rendered by volunteers such as those affiliated

with the American Red Cross, hospital guilds, auxiliaries, private individuals and similar organizations shall not be an allowable cost, as the services have traditionally been rendered on a purely volunteer basis without expectation of any form of reimbursement by the organization through which the service is rendered or by the person rendering the service.

1. 3. Services by priests, ministers, rabbis and similar type

professionals shall be an allowable cost; provided, that the services are not of a religious nature. Building costs on space set aside primarily for professionals providing any religious function shall not be allowable. Costs for wardrobe and similar items likewise are considered nonallowable;

1. (I) Fringe benefits.

   1. 1. Retirement plans.

      1. A. Contributions to qualified retirement plans for the

benefit of employees, excluding stockholders, partners and proprietors of the provider shall be an allowable cost. Interest income from funded pension or qualified retirement plans shall be excluded from revenue offsets.

1. B. Amounts funded to pension and qualified retirement

plans, together with associated income, shall be recaptured, if not actually paid when due, as an offset to expenses on the cost report.

1. 2. Deferred compensation plans.

   1. A. Contributions for the benefit of employees, excluding

stockholders, partners and proprietors, under deferred compensation plans shall be allowable costs when, and to the extent that, these costs are actually paid by the provider. Deferred compensation plans must be funded. Provider payments under unfunded deferred compensation plans will be considered an allowable cost only when paid to the participating employee and only to the extent considered reasonable.

1. B. Amounts paid by tax-exempt organizations to

purchase tax-sheltered annuities for employees shall be treated as deferred compensation actually paid by the provider.

1. C. Amounts funded to deferred compensation plans

together with associated income shall be recaptured, if not actually paid when due, as an offset to expenses on the cost report.

1. 3. Types of insurance which are considered an allowable

cost area.

1. A. Where credit life insurance is required as part of a

mortgage loan agreement. An example would be insurance on loans granted under certain federal programs.

1. B. Where the relative(s) or estate of the employee,

excluding stockholders, partners and proprietors, is the beneficiary. This type of insurance is considered to be a fringe benefit and is an allowable cost area to the extent that the amount of coverage is reasonable;

1. (J) Education and training expenses.

   1. 1. Except for costs associated with nurse aide training, and

competency evaluation programs after October 1, 1990, the cost of on-the-job training which directly benefits the quality of health care or administration at the facility shall be allowable. Off-the-job training involving extended periods exceeding five (5) continuous days is an allowable cost only when specifically authorized in advance in writing by the division.

1. 2. Costs of education and training shall include incidental

travel costs but will not include leaves of absence or sabbaticals;

1. (K) Organizational costs.

   1. 1. Organizational costs may be included as an allowable

cost, if properly amortized.

1. 2. Organizational cost items include the following: legal fees

incurred in establishing the corporation or other organizations, necessary accounting fees, expenses of temporary directors and organizational meetings of directors and stockholders, and fees paid to states for incorporation.

1. 3. Organizational costs shall be amortized ratably over

a period of sixty (60) months beginning with the date of organization. When the provider enters the program more than sixty (60) months after the date of organization, no organizational costs shall be recognized.

1. 4. When a provider did not capitalize organizational costs

and has written off those costs in the year they were incurred, the provider cannot retroactively capitalize any part of these costs under the program.

1. 5. Where a provider is organized within a five (5)-year

period prior to entry into the program and has properly capitalized organizational costs using a sixty (60)-month amortization period, no change in the rate of amortization is required. In this instance the unamortized portion of organizational costs is an allowable cost area under the program and shall be amortized over the remaining part of the sixty (60)-month period.

1. 6. For change in ownership after July 18, 1984, allowable

amortization will be limited to the prior owner’s allowable unamortized portion of organizational cost;

1. (L) Advertising costs. Advertising costs which are reasonable and appropriate. The costs must be a common and accepted occurrence for providing LTC services.
2. (M) Cost of supplies and services involving related parties. Costs of goods and services furnished by related parties shall not exceed the lower of the cost to the supplier or the prices of comparable goods or services obtained elsewhere. In the uniform cost report, a provider shall identify related party suppliers and the type, the quantity and costs to the related party for goods and services obtained from each supplier.
3. (N) Utilization review. Costs incurred for the performance of required utilization review.
4. (O) Minimum utilization. In the event the occupancy rate of a facility is below ninety percent (90%), the following cost centers will be adjusted as though the provider experienced ninety percent (90%) occupancy: laundry, housekeeping, plant operation and general and administrative. In no case may costs disallowed under this provision be carried forward to succeeding periods. Cost centers are expenses grouped in accordance with the headings as identified in the cost report.

5. (P) Return on equity.

   1. 1. A return on a provider’s net equity shall be an allowable

cost area.

1. 2. The amount of return on a provider’s net equity shall not

exceed twelve percent (12%) per year.

1. 3. An owner’s net equity is comprised of investment

capital and working capital. Investment capital includes the investment in building, property and equipment (cost of land, mortgage payments toward principal and equipment purchase less the accumulative depreciation). Working capital represents the amount of capital which is required to insure proper operation of the facility.

1. 4. The return on owner’s net equity shall be payable only

to proprietary providers.

1. 5. A provider’s return on owner’s net equity shall be

apportioned to the Medicaid program on the basis of the provider’s Medicaid program reimbursable recipient resident days of care to total resident days of care during the costreporting period. For the purpose of this calculation, total resident days of care shall be the greater of ninety percent (90%) of the provider’s certified bed capacity or actual occupancy during the cost report year;

1. (Q) Capital.

   1. 1. Capital reimbursement will be determined as follows:

      1. A. For facilities entering the program after July 1, 1990,

allowable capital is as described in paragraph (7)(Q)2. except the movable equipment rate described in item (7)(Q)2.A.(I)(a)IV. shall be sixty-five cents (65¢) per bed day which equates to two hundred twenty dollars ($220) per bed;

1. B. For facilities which entered the program after March

18, 1983, and which were not in operation for two (2) years prior to entering the program, allowable capital is as described in paragraph (7)(Q)2.;

1. C. For facilities which were in operation for two (2) years

prior to entering the program and which entered the program between March 18, 1983 and prior to July 1, 1990, allowable capital shall be depreciation; rent or leases, or both; interest and finance costs; organizational costs; and return on equity as described in the provisions of this rule; and

1. D. For facilities which entered the program prior to

March 18, 1983, allowable capital shall be depreciation; rent or leases, or both; interest and finance costs; organizational costs; and return on equity as described in the provisions of this rule.

1. 2. In lieu of depreciation; rent or leases, or both; interest

and finance costs; organizational costs; and return on equity as described in the provisions of this rule, allowable capital for facilities described in subparagraphs (7)(Q)1.A. and B. shall be the sum of the building and equipment rate, land rate and working capital rate determined in accordance with the following procedures:

1. A. The building and equipment rate will be computed

in the following way:

1. (I) Determine the lower of—

   1. (a) Dodge allowable for building and equipment,

which is computed as—

1. I. Reasonable construction or acquisition

cost computed by applying the Building Cost Calculator as defined in this rule for the facility geographically closest to St. Louis, Kansas City or Columbia, multiplied by one hundred eight percent (108%) as an allowance for fees authorized as architectural or legal not included in the Building Cost Calculator, multiplied by the square footage of the facility not to exceed three hundred twenty-five (325) square feet per bed;

1. II. Multiply by a return rate of twelve percent

(12%);

1. III. Divide by ninety-three percent (93%) of the

facility’s total available beds multiplied by three hundred sixtyfive (365) days; and

1. IV. Add fifty-three cents (53¢) per bed day to cover

the movable equipment, which equates to one hundred eighty dollars ($180) per bed divided by the product of ninety-three percent (93%) multiplied by three hundred sixty-five (365) days; or

1. (b) Actual acquisition cost, which is computed as—

   1. I. Actual acquisition cost, which is the original

cost to construct or acquire the building, including fixed and movable equipment, and excluding land costs not to exceed the limitations on reimbursement as set forth in 13 CSR 70- 10.100, if applicable;

1. II. Multiply by a return rate of twelve percent

(12%);

1. III. Divide by ninety-three percent (93%) of the

facility’s total available beds multiplied by three hundred sixtyfive (365) days;

1. B. The land rate.

   1. (I) The maximum allowable land area is defined as

five (5) acres for a facility with one hundred (100) or fewer beds and one (1) additional acre for each additional one hundred (100) beds or fraction of beds for a facility with one hundred one (101) or more beds.

1. (II) Calculation.

   1. (a) For facilities with land areas at or below the

maximum allowable land area, multiply the acquisition cost of the land not to exceed the limitations on reimbursement as set forth in 13 CSR 70-10.100, if applicable, by the return rate of twelve percent (12%), divide by ninety-three percent (93%) of the facility’s total available beds multiplied by three hundred sixty-five (365) days.

1. (b) For facilities with land areas greater than the

maximum allowable land area, divide the acquisition cost of the land not to exceed the limitations on reimbursement as set forth in 13 CSR 70-10.100, if applicable, by the total acres, multiply by the maximum allowable land area, multiply by the return rate of twelve percent (12%), divide by ninety-three percent (93%) of the facility’s total available beds, multiplied by three hundred sixty-five (365) days;

1. C. The working capital rate will be twenty cents (20¢)

per day. This amount was determined to be the average daily balance due to a facility for services provided to the state with a return rate of twelve percent (12%), divided by ninety-three percent (93%); and

1. D. If a provider does not provide the actual acquisition

cost to determine the building and equipment rate and the land rate, the building and equipment rate will be computed using subpart (7)(Q)2.A.(I)(b), and the land rate will be zero cents (0¢); and

1. (R) Central office, pooled costs, management company costs. The allowability of the individual cost items contained within central office, pooled costs or management company costs will be determined in accordance with all other provisions of this rule. The total of central office, pooled costs and management company costs, or a combination of these, are limited to seven percent (7%) of revenues.

1. (8) Nonallowable Costs. Cost not reasonably related to LTC facility services shall not be included in a provider’s costs. Contractual allowances, courtesy discounts, charity allowances and similar adjustments or allowances are offsets to revenue and not included in allowable costs. Nonallowable cost areas include, but are not limited to, the following:

   1. (A) Amortization on intangible assets, such as goodwill, leasehold rights, covenants, purchased CON, but excluding organizational costs;
   2. (B) Attorney fees related to litigation involving state, local or federal governmental entities and attorneys’ fees which are not related to the provision of LTC services, such as litigation related to disputes between or among owners, operators or administrators;
   3. (C) Bad debts;
   4. (D) Capital cost increases due solely to changes in ownership;
   5. (E) Central office or pooled costs not attributable to the efficient and economical operation of the facility;
   6. (F) Charitable contributions;
   7. (G) Compensation paid to a relative or an owner through a related party to the extent it exceeds the limitations established under subsection (7)(A) of this rule;
   8. (H) Costs such as legal fees, accounting and administration costs, travel costs and the costs of feasibility studies which are attributable to the negotiation or settlement of the sale or purchase of any capital asset by acquisition or merger for which any payment has been previously made under the program;
   9. (I) Directors’ fees included on the cost report in excess of two hundred dollars ($200) per month per individual;
   10. (J) Federal, state or local income and excess profit taxes, including any interest and penalties paid on them;
   11. (K) Late charges and penalties;
   12. (L) Finder’s fees;
   13. (M) Fund-raising expenses;
   14. (N) Interest expense on intangible assets;
   15. (O) Life insurance premiums for officers and owners and related parties except the amount relating to a bona fide nondiscriminatory employee benefits plan;
   16. (P) Noncovered supplies, services and items as defined in section (6);

   17. (Q) Owner’s compensation in excess of the applicable range of the most recent survey of administrative salaries paid to individuals other than owners for proprietary and nonproprietary providers as published in the updated Medicare PRM Part 1, Section 905.2 and based upon the total number of working hours.

       1. 1. The applicable range will be determined as follows:

          1. A. Number of licensed beds owned or managed; and
          2. B. Owners/administrators will be adjusted on the basis

of the high range; owners included in home office costs or management company costs will be adjusted on the high range provided the owner works a minimum of forty (40) hours a week in the home office, management company or owned nursing homes. All others will be calculated on the median range.

1. 2. The salary identified in subparagraph (8)(Q)1.B. will be

apportioned on the basis of hours worked in the facility(ies), home office or management company as applicable to total hours reported for all business interests. A forty (40)-hour minimum will be applied if total hours for all business interests are less than forty (40) hours;

1. (R) Prescription drugs;
2. (S) Religious items or supplies or services of a primarily religious nature performed by priests, rabbis, ministers or other similar types of professionals. Costs associated with portions of the physical plant used primarily for religious functions are also nonallowable;
3. (T) Research costs;
4. (U) Resident personal purchases;
5. (V) Salaries, wages or fees paid to nonworking officers, employees or consultants;
6. (W) Stockholder relations or stock proxy expenses;
7. (X) Taxes or assessments for which exemptions are available;
8. (Y) Value of services (imputed or actual) rendered by nonpaid workers or volunteers; and
9. (Z) All costs associated with nurse aide training and competency evaluation programs after October 1, 1990.

1. (9) Revenue Offsets.

   1. (A) Other revenues must be identified separately in the cost report if included in gross revenues. These revenues include, but are not limited to, the following:

      1. 1. Income from telephone services;
      2. 2. Sale of employee and guest meals;
      3. 3. Sale of medical abstracts;
      4. 4. Sale of scrap and waste food or materials;
      5. 5. Rental income;
      6. 6. Cash, trade, quantity, time and other discounts;
      7. 7. Purchase rebates and refunds;
      8. 8. Recovery on insured loss;
      9. 9. Parking lot revenues;
      10. 10. Vending machine commissions or profits;
      11. 11. Sales from drugs to individuals other than Medicaid

recipients;

1. 12. Interest income to the extent of interest expense;
2. 13. Noninterest income from investments;
3. 14. Room reservation charges other than covered

therapeutic home leave days;

1. 15. Barber and beauty shop revenue;
2. 16. Private room differential;
3. 17. Medicare Part B revenues;
4. 18. Personal services;
5. 19. Activity income; and
6. 20. Revenue recorded for donated services and

commodities.

1. (B) Interest income received from a funded depreciation account will not be deducted from allowable operating costs if that interest is applied to the asset being depreciated.
2. (C) Restricted funds designated by the donor prior to the donation for payment of operating costs will be offset from the associated cost.
3. (D) Restricted funds designated by the donor for future capital expenditures will not be offset from allowable expenses at any time.
4. (E) Unrestricted funds not designated by the provider for future capital expenditures will be offset from allowable cost.
5. (F) As applicable, restricted and unrestricted funds will be offset in each cost center, excluding capital costs, in an amount equal to cost center’s proportionate share of allowable expense.
6. (G) Any tax levies which are collected by nursing home districts or county homes that are supported in whole or in part by these levies will not be recognized as a revenue offset except to the extent that the funds are used for the actual operation of the facility.

1. (10) Provider Reporting and Recordkeeping Requirements.

   1. (A) Annual Cost Report.

      1. 1. Each provider shall adopt the same twelve (12)-month

fiscal period for completing its cost report as is used for federal income tax reporting.

1. 2. Each provider is required to complete and submit

to the Division of Medical Services an Annual Cost Report, Financial and Statistical Report for Nursing Facilities, including all worksheets, attachments, schedules and requests for additional information from the division. The cost report shall be submitted on forms provided by the division for that purpose.

1. 3. All cost reports shall be completed in accordance with

the requirements of this rule and the cost report instructions. Financial reporting shall adhere to GAAP except as otherwise specifically indicated in this rule.

1. 4. The cost report submitted must be based on the accrual

basis of accounting. Governmental institutions operating on a cash or modified cash basis of accounting may continue to report on that basis, provided appropriate treatment under GAAP of capital expenditures is made.

1. 5. Cost reports shall be submitted by the first day of the

fourth month following the close of the fiscal period.

1. 6. If requested in writing, one (1) thirty (30)-day extension

of the filing date may be granted.

1. 7. If a cost report is more than ten (10) days past due,

payment will be withheld from the facility until the cost report is submitted. Upon receipt of a cost report prepared in accordance with this rule, the payments that were withheld will be released to the provider. For cost reports which are more than ninety (90) days past due, the department may terminate the provider’s Medicaid participation and retain all payments which have been withheld pursuant to this provision.

1. 8. Authenticated copies of agreements and other significant

documents related to the provider’s operation and provision of care to Medicaid recipients must be attached to the cost report at the time of filing unless current and accurate copies have already been filed with the division. Material which must be submitted includes, but is not limited to, the following:

1. A. Audit, review or compilation statement prepared by

an independent accountant, including disclosure statements and management letter or SEC Form 10-K;

1. B. Contracts or agreements involving the purchase

of facilities or equipment during the last seven (7) years if requested by the division, the department or its agents;

1. C. Contracts or agreements with owners or related

parties;

1. D. Contracts with consultants;
2. E. Documentation of expenditures, by line item, made

under all restricted and unrestricted grants;

1. F. Federal and state income tax returns for the fiscal year,

within fifteen (15) days of filing the returns;

1. G. Leases, rental agreements, or both, related to the

activities of the provider;

1. H. Management contracts;
2. I. Medicare cost report, if applicable;
3. J. Statement verifying the restrictions as specified by the

donor, prior to donation, for all restricted grants; and

1. K. Working trial balance actually used to prepare

cost report with line number tracing notations or similar identifications.

1. 9. Cost reports must be fully, clearly and accurately

completed and all required attachments must be submitted before a cost report is considered complete. If any additional information, documentation or clarification requested by the division or its authorized agent is not provided within fourteen (14) days of the provider’s receipt of the request, payments may be withheld from the facility until the information is submitted.

1. 10. Under no circumstances will the division accept

amended cost reports for rate determination or rate adjustment after the date of the division’s notification of the final determination of the rate.

1. (B) Certification of Cost Reports.

   1. 1. The accuracy and validity of the cost report must

be certified by the provider. Certification must be made by a person authorized by one (1) of the following: for an incorporated entity, an officer of the corporation; for a partnership, a partner; for a sole proprietorship or sole owner, the owner or licensed operator; or for a public facility, the chief administrative officer of the facility. Proof of authorization shall be furnished upon request.

1. 2. Cost reports must be notarized by a licensed notary

public.

1. 3. The following statement must be signed on each cost

report to certify its accuracy and validity:

Certification Statement: Misrepresentation or falsification

of any information contained in this cost report may be punishable by fine, imprisonment, or both, under state or federal law. I hereby certify that I have read the above statement and that I have examined the accompanying cost report and supporting schedules prepared by

________________________________________________________ (Provider name(s) and number(s)) for the cost report period beginning ______________, 19_____ and ending _______________, 19______ , and that to the best of my knowledge and belief, it is a true, correct and complete statement prepared from the books and records of the provider in accordance with applicable instructions, except as noted.

__________________________________ _____________ ________ (Signature) (Title) (Date)

1. (C) Adequate Records and Documentation.

   1. 1. A provider must keep records in accordance with GAAP

and maintain sufficient internal control and documentation to satisfy audit requirements and other requirements of this rule, including reasonable requests by the division or its authorized agent for additional information.

1. 2. Each of a provider’s funded accounts must be maintained

separately with all account activity clearly identified.

1. 3. Adequate documentation for all line items on the cost

report shall be maintained by a provider. Upon request, all original documentation and records must be made available for review by the division or its authorized agent at the same site at which the services were provided. Copies of documentation and records shall be submitted to the division or its authorized agent upon request.

1. 4. Each facility shall retain all financial information, data

and records relating to the operation and reimbursement of the facility for a period of not less than seven (7) years.

1. (D) Audits.

   1. 1. Any cost report submitted may be subject to field audit

by the division or its authorized agent.

1. 2. A provider shall have available at the field audit location

one (1) or more knowledgeable persons authorized by the provider and capable of explaining the provider’s accounting and control system and cost report preparation, including all attachments and allocations.

1. 3. If a provider maintains any records or documentation at

a location which is not the same as the site where services were provided, the provider shall transfer the records to the same facility at which the Medicaid services were provided, or the provider must reimburse the division or its authorized agent for reasonable travel costs necessary to perform any part of the field audit in any off-site location, if the location is acceptable to the division.

1. 4. Those providers initially entering the program shall be

required to have an annual audit of the financial records used to prepare annual cost reports covering, at a minimum the first two (2) full twelve (12)-month fiscal years of their participation in the Medicaid program. For example: A provider begins business in March, they choose a fiscal year of October 1 to September 30, their first cost report will cover March through September. That cost report may be audited at the option of the provider. The October 1 to September 30 cost report (the first full fiscal year cost report) shall be audited and the next October 1 to September 30 cost report shall be audited. The audits shall be done by an independent certified public accountant. The auditor may issue a qualified audit report stating that confirmation of accounts receivable and accounts payable are not required by the plan.

1. (E) Change in Provider Status.

   1. 1. Upon termination of participation in the Medicaid

program or change of ownership, the provider is required to submit a cost report for the period ending with the date of termination or change, regardless of its tax period. The fully completed cost report with all required attachments and documentation is due within forty-five (45) days after the date of termination or change.

1. 2. The next payment due the provider after the division

has received the notification of the termination or change may be held by the division until the cost report is filed. Upon receipt of a cost report prepared in accordance with this rule, the payments that were withheld will be released.

1. (F) Joint Use of Resources.

   1. 1. If a provider has business enterprises in addition to the

LTC facility, the revenues, expenses, statistical and financial records of each separate enterprise shall be clearly identifiable.

1. 2. When the facility is owned, controlled or managed

by an entity(ies) that owns, controls or manages one (1) or more other facilities, records of central office and other costs incurred outside the facility shall be maintained so as to separately identify revenues and expenses of, and allocations to, individual facilities. Allocation of central office or pooled costs to individual facilities shall be consistent from year-toyear. If a desk review or field audit established that records are not maintained so as to clearly identify information required by this rule, those commingled costs shall not be recognized as allowable cost in determining the facility’s Medicaid perdiem rate. Allowability of these costs shall be determined in accordance with the provisions of this rule.

1. (11) Rate Determination. Subject to limitations prescribed elsewhere in these rules, a facility’s per-diem rate shall be determined by the division as described in this section.

   1. (A) A facility with a valid Medicaid participation agreement in effect on June 30, 1990, and with a cost report on file with the division as of December 31, 1989, with a period ending in calendar year 1988 shall be granted a prospective per-diem rate effective for service dates on and after July 1, 1990. This rate will be the greater of the amount determined in the following paragraphs:

      1. 1. The allowable cost per patient day as determined by the

division from the desk-reviewed or field-audited cost report, or both, with a period ending in calendar year 1988 will be multiplied by one hundred eleven and one-tenth percent (111.1%). One dollar and six cents ($1.06) will be added to this adjusted cost per patient day amount to allow for the April 1, 1990 change in the minimum wage and the total will be subject to and limited by the ceiling amount of fifty-four dollars and ninety-five cents ($54.95). The division will use a cost report which has an ending date in calendar year 1988 which is on file with the division as of December 31, 1989, and no amended information will be accepted after that date. If a facility has more than one (1) cost report with periods ending in calendar year 1988, the report covering a full twelve (12)-month period ending in calendar year 1988 will be used. If none of the reports covers twelve (12) months, the report with the latest period ending in calendar year 1988 will be used; or

1. 2. The per-diem rate in effect for services rendered on June

30, 1990.

1. (B) A facility with a valid Medicaid participation agreement in effect on June 30, 1990, which does not have a cost report with a period ending in calendar year 1988 shall be granted an interim per-diem rate effective for service dates on and after July 1, 1990, equal to the per-diem rate in effect for services rendered on June 30, 1990. A prospective per-diem rate shall be determined on the basis of the allowable cost per patient day as determined by the division from the desk-reviewed, field-audited, or both, facility fiscal year cost report which covers either the first twelve (12) months of operation under rules applicable at the time the facility entered the Medicaid program or the second twelve (12)-month fiscal year following the initial date of Medicaid certification. The facility must elect the option in writing and it must be received by the Division of Medical Services no later than October 1, 1990. A facility failing to notify the Division of Medical Services of its intent shall have its prospective per-diem rate established on the basis of the second twelve (12)-month facility fiscal year following the initial date of Medicaid certification. This prospective per-diem rate shall be retroactively effective for services beginning on the first day of the facility’s option year but not earlier than July 1, 1990, and shall replace the interim per-diem rate on and after that date. Rate adjustment per paragraph (12)(A)1. which may have been granted for service dates on and after the effective date of the prospective per-diem rate will be applied when effective.
2. (C) Except as provided in subsection (11)(D), a facility entering the Medicaid program after June 30, 1990, shall receive an interim per-diem rate equal to ninety-five percent (95%) of the LTCC in effect on the initial date of Medicaid certification to be effective for services rendered on and after the initial date of Medicaid certification. A prospective per-diem rate will be determined on the basis of the division’s determination of the allowable cost per patient day as determined by the division from the desk-reviewed, field-audited, or both, facility fiscal year cost report which covers the second twelve (12)-month fiscal year following the facility’s initial date of Medicaid certification for new facilities, and the first twelve (12)-month fiscal year cost report for facilities entering the Medicaid program after June 30, 1990, which are not new facilities. This prospective per-diem rate shall be effective retroactively for services beginning on the first day of the new facility’s second twelve (12)-month fiscal year and the first day of the facility’s first twelve (12)-month fiscal year for facilities entering the Medicaid program after June 30, 1990, which are not new facilities and shall replace the interim per-diem rate on and after that date. Rate adjustment per paragraph (12)(A)1. which may have been granted for service dates on and after the effective date of the prospective per-diem rate will be applied when effective.
3. (D) A facility with a valid Medicaid participation agreement in effect on or after July 1, 1990, which either voluntarily or involuntarily terminates its participation in the Medicaid program and which reenters the Medicaid program shall have its prospective per-diem rate established as the rate in effect on the day prior to the date of termination from participation in the program plus rate adjustments which may have been granted with effective dates subsequent to the termination date but prior to reentry into the program as described in paragraph (12)(A)1. This prospective per-diem rate shall be effective for service dates on and after the effective date of the reentry following a voluntary or involuntary termination.

1. (12) Adjustments to the Per-Diem Rate. Subject to the limitations prescribed elsewhere in these rules, a facility’s per-diem rate may be adjusted as described in this section.

   1. (A) Adjustments determined by the division without the advice of the rate advisory committee.

      1. 1. Global per-diem rate adjustments. Global per-diem rate

adjustments shall be added to the LTCC. All facilities with valid Medicaid participation agreements in effect on the effective date of the adjustments shall be eligible for the global perdiem rate adjustments. A facility with either an interim rate or a prospective per-diem rate may qualify for the global per-diem rate adjustments as follows:

1. A. Laundry. All facilities with either an interim per-diem

rate or a prospective per-diem rate in effect on July 1, 1990, per subsections (11)(A) and (B) shall be granted an increase to their per-diem rate effective July 1, 1990, of fifty cents (50¢) per patient day related to personal laundry;

1. B. Negotiated trend factor. All facilities with either an

interim per-diem rate or a prospective per-diem rate in effect on July 1, 1990, per subsections (11)(A) and (B) shall be granted an increase to their per-diem rate effective July 1, 1990, of forty-seven cents (47¢) per patient day for the negotiated trend factor. This amount is one percent (1%) of the average per-diem rate paid to all facilities on April 30, 1990;

1. C. Minimum wage adjustment. All facilities with either

an interim per-diem rate or a prospective per-diem rate in effect on April 1, 1991, per subsections (11)(A) (C) shall be granted an increase to their per diem of one dollar and six cents ($1.06) effective April 1, 1991, to allow for the April 1, 1991 change in minimum wage. This amount is two and one-tenth percent (2.1%) of the weighted average per-diem rate paid to all facilities on February 28, 1991;

1. D. FY-92 trend factor and Workers’ Compensation. All

facilities with either an interim rate or a prospective per-diem rate in effect on July 1, 1992, shall be granted an increase to their per-diem rate effective July 1, 1992, of three dollars and ninetysix cents ($3.96) per patient day related to the continuation of the FY-92 trend factor and the Workers’ Compensation adjustment. This adjustment is equal to seven and one-half percent (7.5%) of the weighted average per-diem rate of fiftytwo dollars and eighty-two cents ($52.82) for January 1992;

1. E. FY-93 negotiated trend factor. All facilities with either

an interim rate or prospective per-diem rate in effect on July 1, 1992, shall be granted an increase to their per-diem rates effective July 1, 1992, of seventy-four cents (74¢) per patient day for the negotiated trend factor. This adjustment is equal to one and four-tenths percent (1.4%) of the weighted average per-diem rate of fifty-two dollars and eighty-two cents ($52.82) for January 1992; and

1. F. Workers’ Compensation. All facilities with either an

interim per-diem rate or a prospective per-diem rate in effect on January 1, 1994, shall be granted an increase to their perdiem rate effective January 1, 1994, of thirty-eight cents (38¢) per patient day related to Workers’ Compensation.

1. 2. Special per-diem rate adjustments. Special per-diem

rate adjustments shall not be added to the LTCC. Only those facilities qualifying for special per-diem rate adjustments are eligible for the special per-diem rate adjustments as follows:

1. A. Nursing home reform.

   1. (I) ICFs. A facility certified for participation as an ICF

as of June 30, 1990, or a facility certified after January 1, 1990, as an SNF which did not apply for a change-in-level-of-care adjustment as of June 30, 1990, may be granted the consultant adjustment described in subpart (12)(A)2.A.(I)(a) effective for service dates on and after July 1, 1990. A facility qualifying for the consultant adjustment must apply between July 1, 1990, and December 31, 1990, in order to be considered for or receive the registered nurse (RN) or the licensed practical nurse (LPN) adjustment, or both, described in subparts (12)(A)2.A.(I)(b) and (c), which will be effective beginning on the application date but no earlier than July 1, 1990, subject to applicable waivers. A facility must demonstrate by September 1, 1992, that they have hired the RNs and LPNs for which they have received an adjustment by submitting a consecutive two (2)-week staffing pattern between the effective date of the adjustment and May 1, 1992; and, to the extent that a facility does not demonstrate by that staffing pattern that it hired the RNs, LPNs, or both, for which it received an adjustment under subparts (12) (A)2.A.(I)(b) and (c), that facility’s rate will be reduced by the undemonstrated portion of the adjustment, both retroactive to the effective date of the adjustment and prospectively, and the overpayment will be recouped. These are one (1)-time adjustments.

1. (a) Consultant adjustment. One dollar ($1) will

be added to the per-diem rate in effect on July 1, 1990, for qualifying facilities to allow for consultant requirements. This amount was derived from the 1988 SNF consultant costs converted to a weighted mean cost per patient day and then increased by twenty percent (20%).

1. (b) RN adjustment. An RN is required for eight (8)

consecutive hours, seven (7) days a week. The RN requirement will be compared to a facility’s RN staffing as documented on the 1988 staffing reports (DOA 184) on file as of December 31, 1989, with the Division of Aging. If a facility does not have 1988 staffing reports, the latest report on file as of June 30, 1990, will be used. The difference between the daily RN requirement and the average daily RN staffing per the DOA 184s will be determined and multiplied by a per-hour rate of sixteen dollars and eighty-one cents ($16.81) to arrive at total daily cost. The per-hour rate was derived from 1988 RN rates for ICFs, including fringe benefits at fifteen percent (15%) and then increased by twenty percent (20%). If the total daily cost is positive, it will be divided by average daily licensed occupied beds or ninety percent (90%) of licensed beds, whichever is greater to obtain the RN adjustment to the per-diem rate in effect on July 1, 1990. Occupancy data will be obtained from the fourth quarter 1989 occupancy statistics of the Division of Aging or the most recent data if fourth quarter 1989 occupancy statistics are not available for the facility.

1. (c) LPN adjustments. For a facility with average

daily occupancy of sixty (60) or fewer residents, eight (8) hours of LPN coverage is required for each of two (2) eight (8)-hour shifts seven (7) days a week, except in cases when the RN requirement is waived. If the RN requirement is waived and the facility has average daily occupancy of sixty (60) or fewer residents, eight (8) hours of LPN coverage is required for each of three (3) eight (8)-hour shifts seven (7) days a week. For a facility with occupancy in excess of sixty (60) residents, eight (8) hours of LPN coverage is required for each of three (3) eight (8)-hour shifts seven (7) days a week. The LPN requirement will be compared to the facility’s LPN staffing as documented on the 1988 staffing reports (DOA 184) on file as of December 31, 1989, with the Division of Aging. If a facility does not have 1988 staffing reports, the latest report on file as of June 30, 1990, will be used. The difference between the daily LPN requirement and the average daily LPN staffing per the DOA 184s will be determined and multiplied by a per-hour rate of ten dollars and eighty-three cents ($10.83) to arrive at total daily cost. The per-hour rate was derived from 1988 LPN rates for ICFs, including fringe benefits at fifteen percent (15%) and then increased by twenty percent (20%). If the total daily cost is positive, it will be divided by average daily licensed occupied beds or ninety percent (90%) of licensed beds, whichever is greater to obtain the LPN adjustment to the per-diem rate in effect on July 1, 1990. Occupancy data will be obtained from this fourth quarter 1989 occupancy statistics of the Division of Aging or the most recent data if fourth quarter 1989 occupancy statistics are not available for the facility; and

1. B. High volume provider. A facility must qualify each

July 1 for the high volume adjustment. For a facility which has a high volume adjustment on June 30, 1994, and does not qualify July 1, 1994, that facility’s prospective rate will be reduced by the amount of the high volume adjustment included in the facility’s prospective per-diem rate in effect June 30, 1994. The adjustment will be effective for services rendered between July 1, 1994 through June 30, 1995. Effective with the state’s Fiscal Year 1996, the division may reconstruct and redefine the qualifying criteria and payment methodology for the high volume adjustment.

1. (I) A facility must meet all four (4) of the following

qualifications:

1. (a) A full twelve (12)-month cost report ending

in calendar year 1992. For a nonprofit facility that changed ownership or operator, or both, and filed a partial year cost report, the latest period cost report will be considered as a full twelve (12)-month cost report;

1. (b) One hundred six and two-tenths percent (106.2%)

of the allowable cost per patient day as determined by the division from the cost report identified in subpart (12)(A)2.B.(I) (a) exceeds the LTCC in effect June 30, 1994, as identified in paragraph (3)(E)3.;

1. (c) Total occupied beds as determined from the cost

report identified in subpart (12)(A)2.B.(I)(a) exceeds eighty-five percent (85%) of licensed beds or facilities that had a high volume adjustment on June 30, 1994, and had total occupied beds as determined from the cost report identified in subpart (12)(A)2.B.(I)(a) exceeding eighty-three percent (83%) of licensed beds. If the facility did not include all licensed beds on the cost report, this qualifier will be determined from the Division of Aging quarterly report of licensed occupancy for the 1992 quarter which ends on an ending date closest to the ending date of the cost report; and

1. (d) Medicaid-occupied beds as determined from

the cost report identified in subpart (12)(A)2.B.(I)(a) exceeds eighty percent (80%) of the total licensed occupied beds identified in subpart (12)(A)2.B.(I)(c) or provide at minimum sixty-five thousand (65,000) Missouri Medicaid patient days as determined from the cost report identified in subpart (12) (A)2.B.(I)(a).

1. (II) The adjustment will be equal to ten percent (10%)

of the LTCC which was in effect June 30, 1994. This amount was six dollars and twenty-one cents ($6.21).

1. (III) If a facility qualifies for the high volume

adjustment, their LTCC adjustment will be six dollars and twenty-one cents ($6.21) above the LTCC in effect for services rendered between July 1, 1994 through June 30, 1995;

1. C. 1967 Life Safety Code (LSC). Currently certified LTC

facilities that must comply with a recent interpretation of paragraph 10-133 of the 1967 LSC which requires corridor walls to extend to the roof deck or achieve equivalency under the Fire Safety Evaluation System (FSES) will be reimbursed the reasonable and necessary cost to meet those standards required for compliance through their Medicaid per-diem rate. The reimbursement shall not be effective until the Division of Aging has confirmed that the corrective action to comply with the 1967 LSC or FSES is operational. Fire sprinkler systems shall be reimbursed over a depreciation life of twenty-five (25) years and other alternative corrective action will be reimbursed over a depreciable life of fifteen (15) years. The nursing home’s rate plus this adjustment will be limited to the Medicaid LTCC per subpart (12)(A)2.B.(I)(a). The division will use a cost report with the latest period ending in calendar year 1992 which is on file with the division as of July 1, 1993. This adjustment will be computed as follows based on the cost documented and submitted to the Division of Medical Services:

1. (I) Depreciation. The asset value for the actual cost

incurred for the approved corrective action to continue in compliance divided by the depreciable useful life;

1. (II) Interest. The interest cost incurred to finance this

project shall be documented by a statement from the lending institution detailing the total interest cost of the loan period. The total interest cost will be divided by the loan period; and

1. (III) The total of the result of depreciation and interest

will be divided by twelve (12) and then multiplied by the number of months covered by the 1991 cost report. This amount will be divided by the greater of actual patient days from the 1991 cost report or ninety percent (90%) of the available bed days from the 1991 cost report;

1. D. Effective March 1, 1993, any nursing facility licensed

under Chapter 198, RSMo and operated by a district or county which receives local tax revenues and certifies these revenues to the Department of Social Services shall receive an adjustment to their per-diem rate. The adjustment shall not exceed ninety percent (90%) of the Medicaid portion of the local tax revenues in aggregate divided by the total projected Medicaid payments for FY-93 for those qualifying facilities. The adjustment will be limited by the class ceiling. Any unused certified local tax revenues will not carry forward into the next state fiscal year’s calculation.

1. (I) The Medicaid portion is determined by multiplying

the total local tax revenues certified to the Department of Social Services for each facility by each facility’s Medicaid occupancy rate as reported on their 1990 cost report.

1. (II) The projected Medicaid payments for FY-93 are

computed by multiplying the per-diem rate on record with Division of Medical Services for September 1992 times the projected FY-93 Medicaid days for each qualifying facility allocated based on its February 1992 Medicaid census annualized; and

1. E. Effective July 1, 1993, and each July 1 after that,

any nursing facility licensed under Chapter 198, RSMo and operated by a district or county which receives local tax revenues and certifies these revenues to the Department of Social Services shall receive an adjustment to its per-diem rate. The adjustment shall not exceed ninety percent (90%) of the Medicaid portion of the local tax revenue in aggregate divided by the total projected Medicaid payments for those qualifying facilities. The adjustment will be limited by the class ceiling. Any unused certified local tax revenue will not carry forward into the next state fiscal year’s calculation.

1. (I) The Medicaid portion is determined by multiplying

the total local tax revenues certified to the Department of Social Services for each facility by each facility’s Medicaid occupancy rate as reported on its most recent desk-reviewed cost report.

1. (II) The projected Medicaid payments are computed

by multiplying the per-diem rate on record with DMS on June 1 each year times the June 1 of each year projected Medicaid days for the following state fiscal year for each qualifying facility allocated based on its reported Medicaid days on the most current cost report on file with DMS.

1. 3. Prospective payment adjustment (PPA). A FY-92 PPA will

be provided prior to the end of the state fiscal year for nursing homes with a current provider agreement on file with the DMS as of October 1, 1991, except those facilities that are owned or operated, or both, by the federal government.

1. A. For nursing homes which qualify, the PPA shall be the

lesser of—

1. (I) The nursing home’s facility peer group factor

(FPGF) times the projected patient days (PPD) covered by the adjustment year times the prospective payment adjustment factor (PPAF) times the LTCC on October 1, 1991, (FPGF × PPD × PPAF × LTCC). For example: A nursing home having two thousand seven (2007) paid days for the period May 1991 to July 1991 out of a total paid days for this same period of two million one hundred seventy-five thousand two hundred fifty-seven (2,175,257) represents an FPGF of nine-hundredths percent (.09%). So using the FPGF of .09% × 9,750,000 × 32.5% × $56.98=$167,578; or

1. (II) The nursing home’s FPGF times one hundred

forty-five percent (145%) of the amount credited to the nursing facility revenue collection center (NFRCC) of the State Title XIX Fund (STF) for the period October 1, 1991 through December 31, 1991.

1. B. FPGF is determined by using each nursing home’s

paid days for the service dates in May 1991 through July 1991 as of August 20, 1991, divided by the sum of the paid days for the same service dates for all nursing homes qualifying as of the determination date of September 12, 1991.

1. C. LTCC is fifty-six dollars and ninety-eight cents ($56.98)

on October 1, 1991.

1. D. PPAF is equal to thirty-two and five-tenths percent

(32.5%) for Fiscal Year 1992 which includes an adjustment for economic trends, Workers’ Compensation and heavy care/ access incentive.

1. E. PPD is the projection of nine million seven hundred

fifty thousand (9,750,000) patient days made on October 1, 1991, for the adjustment year.

1. 4. Other conditions for per-diem rate adjustments. The

division may adjust a facility’s per-diem rate both retrospectively and prospectively under the following conditions:

1. A. Fraud, misrepresentation, errors, audit adjustment.

When information contained in a facility’s cost report is found to be fraudulent, misrepresented or inaccurate, the facility’s reimbursement rate may be reduced, both retroactively and prospectively, if the fraudulent, misrepresented or inaccurate information as originally reported resulted in establishment of a higher reimbursement rate than the facility would have received in the absence of that information. No decision by the Medicaid agency to impose a rate adjustment in the case of fraudulent, misrepresented or inaccurate information in any way shall affect the Medicaid agency’s ability to impose any sanctions authorized by statute or regulation. The fact that fraudulent, misrepresented or inaccurate information reported did not result in establishment of a higher reimbursement rate than the facility would have received in the absence of this information also does not affect the Medicaid agency’s ability to impose any sanctions authorized by statute or regulation;

1. B. Decisions of the Administrative Hearing Commission

or settlement agreements approved by the Administrative Hearing Commission;

1. C. Court order; and
2. D. Disallowance of federal financial participation.

3. (B) Adjustments Determined by the Division With the Advice of the Rate Advisory Committee.

   1. 1. Advisory committee. The director, Department of Social

Services, shall appoint an advisory committee to review and make recommendations pursuant to requests for rate reconsideration which are in accordance with the provisions of paragraph (12)(B)2. The director may accept, reject or modify the advisory committee’s recommendations.

1. A. Membership. The advisory committee shall be

composed of four (4) members representative of the nursing home industry in Missouri, three (3) members from the Department of Social Services and two (2) members who may include, but are not limited to, a consumer representative, an accountant or economist or a representative of the legal profession. Members shall be appointed for terms of twelve (12) months. The director shall select a chairman from the membership who shall serve at the director’s discretion.

1. B. Procedures.

   1. (I) The committee may hold meetings when five (5) or

more members are present and may make recommendations to the department in instances where a simple majority of those present and voting concurs.

1. (II) The committee shall meet no less than one (1) time

each quarter and members shall be reimbursed for expenses.

1. (III) The Division of Medical Services will summarize

each case and make recommendations. The advisory committee may request additional documentation. Failure to submit requested documentation shall be abandonment of the request.

1. (IV) The committee, at its discretion, may issue its

recommendation based on written documentation or may request further justification from the provider sending the request.

1. (V) The advisory committee shall have ninety (90) days

from the receipt of each complete request, or the receipt of any additional documentation, to submit its recommendations in writing to the director. If the committee is unable to make a recommendation within the specified time limit, the director or his/her designee, if the committee establishes good cause, may grant a reasonable extension.

1. (VI) Final determination on rate adjustment. The

director or his/her designee’s final decision on each request shall be issued in writing to the provider within fifteen (15) working days from receipt of the committee’s recommendation.

1. (VII) If the director or his/her designee’s final

determination allows a rate adjustment, it shall become effective on the first day of the month in which the request was made providing that it was made prior to the tenth of the month. If the request is not filed by the tenth of the month, adjustments shall be effective the first day of the following month.

1. 2. Requests for rate adjustments. A participating facility

which has a prospective per-diem rate may request adjustment to its prospective per-diem rate only under the conditions described in subparagraph (12)(B)2.A., B. or C. The request must be submitted in writing to the division within one year of the occurrence of the extraordinary circumstance. The request must clearly and specifically identify under which of the conditions the rate adjustment is sought. The total dollar amount of the requested rate adjustment must be supported by complete, accurate and documented records satisfactory to the division. If the division makes a written request for additional information and the facility does not comply within ninety (90) days of the request for additional information, the division shall consider the request withdrawn. Requests for rate adjustments that have been withdrawn by the facility or are considered withdrawn because of failure to supply requested information may be resubmitted once for the requested adjustment. In the case of a rate adjustment request that has been withdrawn and then resubmitted, the effective date shall be the first day of the month in which the resubmitted request was made providing that it was made prior to the tenth day of the month. If the resubmitted request is not filed by the tenth of the month, adjustments shall be effective the first day of the following month. Conditions for rate adjustment are—

1. A. Extraordinary circumstances.

   1. (I) When the provider can show that it incurred

higher costs due to circumstances beyond its control; the circumstances were not experienced by the nursing home industry in general; and the costs have a substantial effect.

1. (II) Extraordinary circumstances include:

   1. (a) Natural disasters; such as fire, earthquakes and

flood; 1) that are not covered by insurance; and 2) that occur in a federally-declared disaster area; and

1. (b) Vandalism, civil disorder or both.
2. (III) The per-diem rate increase will be calculated as

follows:

1. (a) To determine what portion of the incurred costs

will be paid by the Division of Medical Services, the division will use the quarterly occupancy survey from the Division of Aging for the time period preceding when the extraordinary circumstance occurred;

1. (b) For one (1)-time costs (costs which will not be

incurred in future fiscal years): The costs directly associated with the extraordinary circumstance will be divided by the paid days for the month the rate adjustment becomes effective per part (12)(B)1.B.(VII). This calculation will equal the amount to be added to the per-diem rate for only one (1) month, which will be the month the rate adjustment becomes effective. For this one month only, the LTCC will be waived; and

1. (c) For on-going or capitalized costs (costs that will

be incurred in future fiscal years): Ongoing annual costs (that is, depreciation, interest, etc.) will be divided by the greater of: annualized (calculated for a twelve (12)-month period) total patient days from the latest cost report on file or ninety percent (90%) of annualized total bed days. This calculation will equal the amount to be added to the per-diem rate, not to exceed the LTCC in effect on the date of the increase. This rate adjustment will be added to the per-diem rate;

1. B. Professional service hours. A rate adjustment may

be granted if a facility has experienced an increase in total RN and LPN hours. This increase divided by patient days from the latter period must be at least twenty percent (20%) of the average total RN and LPN hours per patient day for the appropriate period. For adjustments requested in state FY-92, this average will be derived from total RN and LPN hours as identified from cost reports for facilities licensed as SNFs with ending dates after July 1, 1990, and prior to January 1, 1991. For each succeeding state fiscal year, this average will be derived from total RN and LPN hours as identified from cost reports with ending dates in the second calendar year prior to the ending date of the state fiscal year. For example, adjustments requested in state FY-93, the data from cost reports with ending dates in calendar year 1991 will be used. This adjustment is available no more frequently than every two (2) years, with the first adjustment available under this plan to be based upon the twelve (12)-month facility fiscal year required cost report with a period ending after the effective date of this rule. This cost report will be compared to the required cost report for the succeeding twelve (12)-month facility fiscal year. For example, a facility with a twelve (12)-month cost report ending September 30, 1990, shall compare total RN and LPN hours corresponding to RN and LPN salaries reported on lines forty-nine (49) and fifty (50) of the cost report plus contracted RN and LPN hours corresponding to the contracted costs identified on the cost report, to similar data from the cost report for the twelve (12)- month period ending September 30, 1991. The next available adjustment would be for the twelve (12)-month facility fiscal year required cost report with a period ending September 30, 1993, as compared to the required cost report for the twelve (12)-month period ending September 30, 1991. The adjustment amount will be determined by obtaining the difference in costs per patient day reported for RN and LPN services (salaries, fringe benefits and RN and LPN contract costs) between the two (2) applicable cost reporting periods using the greater of ninety percent (90%) of bed days or actual reported occupancy. The facility must submit copies of the actual payroll records which support the cost report data as well as billings showing RN and LPN contract hours which support the cost report. These records must show job title (RN, LPN), actual hours worked, the per-hour rate and the total amount paid for each employee. Any salaried RN or LPN employee will be assumed to be working a forty (40)-hour week for all weeks worked; and

1. C. Additional beds. The division may recommend a rate

adjustment for a participating facility which has a prospective per-diem rate in effect, and which increases its bed capacity after July 1, 1990, in accordance with an approved CON or applicable waiver. The recommended rate adjustment will be calculated as the difference between the weighted average allowable capital costs per day as defined in part (12)(B)2.C.(I) and the allowable capital cost per day as determined in subsection (7)(Q).

1. (I) The weighted average allowable capital cost per

day is calculated as the sum of subparts (12)(B)2.C.(I)(a) and (b) divided by the total number of certified beds.

1. (a) The allowable capital cost per day as determined

in subsection (7)(Q) multiplied by the number of existing certified beds.

1. (b) The allowable capital cost per day for new beds

as described in paragraph (7)(Q)2. multiplied by the number of new certified beds, except the movable equipment rate described in subparagraph (7)(Q)2.B. shall be sixty-five cents (65¢) per bed day which equates to two hundred twenty dollars ($220) per bed.

1. (13) Exceptions.

   1. (A) For those Medicaid-eligible recipient patients who have concurrent Medicare Part A SNF benefits available, Missouri Medical Assistance Program reimbursement for covered days of stay in a qualified facility will be based on this coinsurance as may be imposed under Title XVIII.

   2. (B) The Title XIX reimbursement rate for out-of-state providers shall be set by one (1) of the following methods:

      1. 1. For providers which provided services of fewer

than one thousand (1000) patient days for Missouri Title XIX recipients, the reimbursement rate shall be the rate paid for comparable services and level-of-care by the state in which the provider is located; and

1. 2. For providers which provided services of one thousand

(1000) or more patient days for Missouri Title XIX recipients, the reimbursement rate shall be the lower of—

1. A. The rate paid for comparable services and level-of-

care by the state in which the provider is located; or

1. B. The rate as calculated in section (11).

1. (14) Sanctions and Overpayments.

   1. (A) In addition to the sanctions and penalties set forth in this rule, the division also may impose sanctions against a provider in accordance with 13 CSR 70-3.030 Sanctions for False or Fraudulent Claims for Title XIX Services or any other sanction authorized by state or federal law or regulation.
   2. (B) Overpayments due the Medicaid program from a provider shall be recovered by the division in accordance with 13 CSR 70-3.030 Sanctions for False or Fraudulent Claims for Title XIX Services.
2. (15) Appeals. In accordance with sections 208.156 and 621.055, RSMo, providers may seek a hearing before the Administrative Hearing Commission of final decisions of the director, Department of Social Services or the Division of Medical Services.
3. (16) Payment in Full. Participation in the program shall be limited to providers who accept as payment in full, for covered services rendered to Medicaid recipients, the amount paid in accordance with these rules and applicable copayments.
4. (17) Provider Participation. Payments made in accordance with the standards and methods described in this rule are designed to enlist participation of a sufficient number of providers in the program so that eligible persons can receive the medical care and services included in the state plan at least to the extent these services are available to the general public.

5. (18) Transition. Cost reports used for rate determination shall be adjusted by the division in accordance with the applicable cost principles provided in this rule.

   APPENDIX A

   Covered Supplies & Services

Personal Care— Baby Powder Bedside Tissues Bids (all types) Deodorants Disposable Underpads (all types) Gowns, Hospital Hair Care, Basic (including washing, cuts, sets, brushes, combs, nonlegend shampoo) Lotion, Soap and Oil Nail Clipping and Cleaning Routine Oral Hygiene (including denture care, cups, cleaner, mouthwashes, toothbrushes and paste) Shaves, Shaving Cream and Blades Equipment— Arm Slings Basins Bathing Equipment Bed Frame Equipment (including trapeze bars and bedrails) Bed Pans (all types) Beds, Manual, Electric Canes (all types) Stool Softeners, Nonlegend Crutches (all types) Vitamins, Nonlegend Foot Cradles (all types) Glucometers Other Services and Supplies as Otherwise Determined Heat Cradles Heating Pads Hot Pack Machines Hypothermia Blanket Mattresses (all types) Patient Lifts (all types) Respiratory Equipment (compressors, vaporizers, Humidifers, Intermittent Positive Pressure Breathing Machines (IPPB), nebulizers, suction equipment and related supplies and the like) Restraints Sand Bags Specimen Container (cup or bottle) Urinals (male and female) Walkers (all types) Water Pitchers Wheelchairs (standard, geriatric and rollabout)

Nursing Care/Patient Care Supplies— Catheter (indwelling and nonlegend supplies) Decubitus Ulcer Care (pads, dressings, air mattresses, aquamatic K-pads (water-heated pads), alternating pressure pads, flotation pads, or turning frames, or any combination of these, heel protectors, donuts and sheepskins) Diabetic Blood and Urine Testing Supplies Douche Bags Drainage Sets, Bags, Tubes and the like Dressing Trays (dressings of all types) Enema Supplies Gloves (nonsterile and sterile) Ice Bags Incontinency Care (including pads, diapers and pants) Irrigation Trays and Nonlegend Supplies Medicine Cups Medicine Droppers Needles (including, but not limited to, hypodermic, scalp, vein) Nursing Services (regardless of level, administration of oxygen, restorative nursing care, nursing supplies, assistance with eating and massages provided by facility personnel) Nursing Supplies: Lubricating Jelly,, Betadine,Benzoin, Peroxide, A & D Ointment, Tapes, Alcohol, Alcohol Sponges, Applicators, Dressings and Bandages (of all types), Cottonballs, Merthiolate Aerosol and Tongue Depressors Ostomy Supplies (adhesive, appliance, belts, face plates, flanges, gaskets, irrigation sets, night drains, protective dressings, skin barriers, tail closures and bags) Suture Care (including trays and removal kits) Syringes, all sizes and types (including Ascepto) Tape (for laboratory tests) Urinary Drainage Tube and Bottle

Therapeutic Agents and Supplies— Antacids, Nonlegend Drugs, Stock (excluding Insulin) Enteral Feedings (including by tube, and all related supplies) I.V. Therapy Supplies (arm boards, needles, tubing and other related supplies) Laxatives, Nonlegend Oxygen (portable or stationary), Oxygen Delivery Systems, Concentrators and Supplies Special Diets AUTHORITY: sections 208.153, 208.159 and 208.201, RSMo 1994.* This rule was previously filed as 13 CSR 40-81.081. Emergency rule filed Sept. 18, 1981, effective Oct. 1, 1981, expired Jan. 13, 1982. Original rule filed Sept. 18, 1981, effective Jan. 14, 1982. Emergency amendment filed Sept. 28, 1981, effective Oct. 7, 1981, expired Jan. 13, 1982. Amended: Filed Oct. 13, 1981, effective Jan. 14, 1982. Emergency amendment filed June 21, 1982, effective July 1, 1982, expired Oct. 10, 1982. Amended: Filed June 21, 1982, effective Oct. 11, 1982. Emergency amendment filed Oct. 8, 1982, effective Oct. 18, 1982, expired Jan. 12, 1983. Amended: Filed Oct. 8, 1982, effective Jan. 13, 1983. Amended: Filed March 14, 1985, effective July 11, 1985. Emergency amendment filed June 20, 1985, effective July 1, 1985, expired Sept. 30, 1985. Amended: Filed June 20, 1985, effective Oct. 1, 1985. Amended: Filed Aug. 2, 1985, effective Nov. 1, 1985. Amended: Filed Dec. 16, 1985, effective April 25, 1986. Amended: Filed April 16, 1986, effective July 1, 1986. Amended: Filed June 17, 1986, effective Sept. 1, 1986. Emergency amendment filed June 30, 1986, effective July 10, 1986, expired Nov. 7, 1986. Amended: Filed July 3, 1986, effective Oct. 11, 1986. Amended: Filed July 3, 1986, effective Nov. 1, 1986. Amended: Filed Aug. 1, 1986, effective Nov. 13, 1986. Amended: Filed Dec. 16, 1986, effective April 26, 1987. Emergency amendment filed June 19, 1987, effective July 1, 1987, expired Oct. 29, 1987. Emergency amendment filed Aug. 18, 1987, effective Aug. 28, 1987, expired Dec. 25, 1987. Amended: Filed Aug. 18, 1987, effective Dec. 12, 1987. Amended: Filed Aug. 18, 1987, effective Oct. 25, 1987. Emergency amendment filed July 28, 1988, effective Aug. 6, 1988, expired Dec. 3, 1988. Emergency amendment filed Oct. 4, 1988, effective Oct. 14, 1988, expired Dec. 4, 1988. Amended: Filed Dec. 5, 1988, effective Feb. 24, 1989. Emergency amendment filed Dec. 16, 1988, effective Jan. 1, 1989, expired May 1, 1989. Amended: Filed Dec. 16, 1988, effective March 11, 1989. Amended: Filed March 3, 1989, effective May 15, 1989. Amended: Filed Aug. 16, 1989, effective Nov. 11, 1989. Amended: Filed March 5, 1990, effective June 11, 1990. Emergency rescission and rule filed June 1, 1990, effective July 1, 1990, expired Oct. 28, 1990. Rescinded and readopted: Filed June 1, 1990, effective Sept. 28, 1990. Emergency amendment filed March 4, 1991, effective April 1, 1991, expired July 29, 1991. Amended: Filed March 4, 1991, effective July 8, 1991. Amended: Filed March 18, 1991, effective July 8, 1991. Amended: Filed May 2, 1991, effective Sept. 30, 1991. Emergency amendment filed June 20, 1991, effective July 1, 1991, expired Oct. 28, 1991. Amended: Filed June 26, 1991, effective Dec. 9, 1991. Amended: Filed Sept. 4, 1991, effective Jan. 13, 1992. Emergency amendment filed Oct. 9, 1991, effective Oct. 29, 1991, expired Feb. 25, 1992. Emergency amendment filed Nov. 15, 1991, effective Dec. 3, 1991, expired April 1, 1992. Amended: Filed Nov. 15, 1991, effective April 9, 1992. Emergency amendment filed March 13, 1992, effective April 2, 1992, expired July 30, 1992. Amended: Filed Feb. 3, 1992, effective June 25, 1992. Amended: Filed March 30, 1992, effective Sept. 6, 1992. Amended: Filed May 5, 1992, effective Jan. 15, 1993. Amended: Filed May 15, 1992, effective Jan. 15, 1993. Emergency amendment filed June 16, 1992, effective July 1, 1992, expired Oct. 28, 1992. Emergency amendment filed June 16, 1992, effective July 1, 1992, expired Oct. 28, 1992. Emergency amendment filed June 26, 1992, effective July 5, 1992, expired Oct. 28, 1992. Emergency amendment filed July 23, 1992, effective Aug. 2, 1992, expired Nov. 29, 1992. Emergency amendment filed July 23, 1992, effective Aug. 2, 1992, expired Nov. 29, 1992. Emergency amendment filed Sept. 25, 1992, effective Oct. 29, 1992, expired Feb. 25, 1993. Emergency amendment filed Sept. 25, 1992, effective Nov. 1, 1992, expired Feb. 27, 1993. Emergency amendment filed Nov. 16, 1992, effective Nov. 30, 1992, expired March 29, 1993. Emergency amendment filed Nov. 16, 1992, effective Nov. 30, 1992, expired March 29, 1993. Amended: Filed June 16, 1992, effective Feb. 26, 1993. Amended: Filed Sept. 25, 1992, effective May 6, 1993. Amended: Filed Oct. 15, 1992, effective May 6, 1993. Emergency amendment filed Feb. 18, 1993, effective March 1, 1993, expired June 28, 1993. Amended: Filed Feb. 5, 1993, effective July 8, 1993. Emergency amendment filed Feb. 16, 1993, effective Feb. 26, 1993, expired June 25, 1993. Emergency amendment filed Feb. 16, 1993, effective Feb. 28, 1993, expired June 27, 1993. Amended: Filed Feb. 18, 1993, effective Sept. 9, 1993. Emergency amendment filed June 15, 1993, effective July 1, 1993, expired Oct. 28, 1993. Emergency amendment filed May 20, 1993, effective June 1, 1993, expired Sept. 28, 1993. Emergency amendment filed June 15, 1993, effective June 30, 1993, expired Oct. 27, 1993. Emergency amendment filed Aug. 17, 1993, effective Sept. 1, 1993, expired Dec. 29, 1993. Amended: Filed June 3, 1993, effective Dec. 9, 1993. Amended: Filed June 15, 1993, effective Dec. 9, 1993. Emergency amendment filed Aug. 17, 1993, effective Sept. 1, 1993, expired Dec. 29, 1993. Emergency amendment filed Oct. 15, 1993, effective Oct. 29, 1993, expired Feb. 25, 1994. Amended: Filed Aug. 17, 1993, effective March 10, 1994. Amended: Filed Nov. 2, 1993, effective June 6, 1994. Emergency amendment filed Dec. 17, 1993, effective Jan. 1, 1994, expired April 30, 1994. Emergency amendment filed Dec. 17, 1993, effective Jan. 1, 1994, expired April 28, 1994. Amended: Filed Dec. 2, 1993, effective July 30, 1994. Emergency amendment filed April 19, 1994, effective May 1, 1994, expired Aug. 28, 1994. Amended: Filed Feb. 16, 1994, effective Aug. 28, 1994. Emergency amendment filed June 15, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency amendment filed Sept. 20, 1994, effective Oct. 1, 1994, expired Jan. 28, 1995. Emergency amendment filed Oct. 7, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Amended: Filed June 15, 1994, effective Jan. 29, 1995. Emergency amendment filed Sept. 20, 1994, effective Oct. 1, 1994, expired Jan. 28, 1995. Emergency amendment filed Oct. 7, 1994, effective Oct. 29, 1994, expired Feb. 25, 1995. Amended: Filed Sept. 20, 1994, effective May 28, 1995. *Original authority: 208.153, RSMo 1967, amended 1973, 1989, 1990, 1991; 208.159, RSMo 1979; and 208.201, RSMo 1987.