Nursing home services, amount paid, computation--restrictionswaived when, procedure.

208.167. Payment for nursing home services made pursuant to section208.152 to a provider of services shall not exceed the provider's per diem, asset by the department of social services, times eighty-five percent of theprovider's licensed bed capacity; or the provider's actual count of certifiedbed capacity, whichever is less, except that payments shall continue to bemade on behalf of any qualified recipient occupying a bed, on August 13, 1982. The department or its designated division shall waive this restriction forproviders in areas where the department determines that there is an inadequatenumber of Medicaid-certified beds available and shall waive the restriction ingeographic areas where eligible medical assistance benefits recipients aredisproportionately higher than those not eligible for medical assistancebenefits; may waive the restriction for public institutions; and may waive therestriction in other special circumstances approved by the director, uponreview of an appeal from an individual provider.

(L. 1982 H.B. 1086 § 4)