1. (A) Based on reports from the State Department of Health and Human Services, the department shall determine each nursing home's compliance with its Medicaid nursing home permit. Violations of this article include:

   1. (1) a nursing home exceeding by more than ten percent the number of Medicaid patient days stated in its permit;
   2. (2) a nursing home failing to provide at least ten percent fewer days than the number stated in its permit;
   3. (3) the provisions of any Medicaid patient days by a home without a Medicaid nursing home permit.
2. (B) Each Medicaid patient day above or below the allowable range is considered a separate violation. Fines for nursing homes out of compliance with their Medicaid Nursing Home Permit for years before July 1, 1995 are waived. After June 30, 1995, a nursing home that exceeds by more than ten percent the number of Medicaid patient days stated in its permit must be fined based on the number of Medicaid patient days exceeding the permit days times their daily Medicaid per diem times thirty percent. A nursing home that fails to provide at least ten percent fewer days than the number stated in its permit must be fined based on the number of Medicaid patient days under the permit days times their daily Medicaid per diem times thirty percent. A fine assessed against a nursing home must be deducted from the nursing home's Medicaid reimbursement. Appeals from this action must comply with the appropriate provisions of Chapter 23 of Title 1.

HISTORY: 1987 Act No. 184 Section 1; 1995 Act No. 145, Part II, Section 73B.