Definitions--assessment imposed, formula--rates of payment--fundcreated, use of moneys--record-keepingrequirements--report--appeal process--rulemaking authority.
633.401. 1. For purposes of this section, the following terms mean:
(1) "Engaging in the business of providing health benefit services",accepting payment for health benefit services;
(2) "Intermediate care facility for the mentally retarded", a privateor department of mental health facility which admits persons who arementally retarded or developmentally disabled for residential habilitationand other services pursuant to chapter 630, RSMo. Such term shall includehabilitation centers and private or public intermediate care facilities forthe mentally retarded that have been certified to meet the conditions ofparticipation under 42 CFR, Section 483, Subpart 1;
(3) "Net operating revenues from providing services of intermediatecare facilities for the mentally retarded" shall include, withoutlimitation, all moneys received on account of such services pursuant torates of reimbursement established and paid by the department of socialservices, but shall not include charitable contributions, grants,donations, bequests and income from nonservice related fund-raisingactivities and government deficit financing, contractual allowance,discounts or bad debt;
(4) "Services of intermediate care facilities for the mentallyretarded" has the same meaning as the term used in Title 42 United StatesCode, Section 1396b(w)(7)(A)(iv), as amended, and as such qualifies as aclass of health care services recognized in federal Public Law 102-234, theMedicaid Voluntary Contribution and Provider Specific Tax Amendment of1991.
2. Beginning July 1, 2008, each provider of services of intermediatecare facilities for the mentally retarded shall, in addition to all otherfees and taxes now required or paid, pay assessments on their net operatingrevenues for the privilege of engaging in the business of providingservices of the intermediate care facilities for the mentally retarded ordevelopmentally disabled in this state.
3. Each facility's assessment shall be based on a formula set forthin rules and regulations promulgated by the department of mental health.
4. For purposes of determining rates of payment under the medicalassistance program for providers of services of intermediate carefacilities for the mentally retarded, the assessment imposed pursuant tothis section on net operating revenues shall be a reimbursable cost to bereflected as timely as practicable in rates of payment applicable withinthe assessment period, contingent, for payments by governmental agencies,on all federal approvals necessary by federal law and regulation forfederal financial participation in payments made for beneficiaries eligiblefor medical assistance under Title XIX of the federal Social Security Act.
5. Assessments shall be submitted by or on behalf of each provider ofservices of intermediate care facilities for the mentally retarded on amonthly basis to the director of the department of mental health or his orher designee and shall be made payable to the director of the department ofrevenue.
6. In the alternative, a provider may direct that the director of thedepartment of social services offset, from the amount of any payment to bemade by the state to the provider, the amount of the assessment paymentowed for any month.
7. Assessment payments shall be deposited in the state treasury tothe credit of the "Intermediate Care Facility Mentally RetardedReimbursement Allowance Fund", which is hereby created in the statetreasury. All investment earnings of this fund shall be credited to thefund. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, any unexpended balance in the intermediate care facility mentallyretarded reimbursement allowance fund at the end of the biennium shall notrevert to the general revenue fund but shall accumulate from year to year.The state treasurer shall maintain records that show the amount of money inthe fund at any time and the amount of any investment earnings on thatamount.
8. Each provider of services of intermediate care facilities for thementally retarded shall keep such records as may be necessary to determinethe amount of the assessment for which it is liable under this section. Onor before the forty-fifth day after the end of each month commencing July1, 2008, each provider of services of intermediate care facilities for thementally retarded shall submit to the department of social services areport on a cash basis that reflects such information as is necessary todetermine the amount of the assessment payable for that month.
9. Every provider of services of intermediate care facilities for thementally retarded shall submit a certified annual report of net operatingrevenues from the furnishing of services of intermediate care facilitiesfor the mentally retarded. The reports shall be in such form as may beprescribed by rule by the director of the department of mental health.Final payments of the assessment for each year shall be due for allproviders of services of intermediate care facilities for the mentallyretarded upon the due date for submission of the certified annual report.
10. The director of the department of mental health shall prescribeby rule the form and content of any document required to be filed pursuantto the provisions of this section.
11. Upon receipt of notification from the director of the departmentof mental health of a provider's delinquency in paying assessments requiredunder this section, the director of the department of social services shallwithhold, and shall remit to the director of the department of revenue, anassessment amount estimated by the director of the department of mentalhealth from any payment to be made by the state to the provider.
12. In the event a provider objects to the estimate described insubsection 11 of this section, or any other decision of the department ofmental health related to this section, the provider of services may requesta hearing. If a hearing is requested, the director of the department ofmental health shall provide the provider of services an opportunity to beheard and to present evidence bearing on the amount due for an assessmentor other issue related to this section within thirty days after collectionof an amount due or receipt of a request for a hearing, whichever is later.The director shall issue a final decision within forty-five days of thecompletion of the hearing. After reconsideration of the assessmentdetermination and a final decision by the director of the department ofmental health, an intermediate care facility for the mentally retardedprovider's appeal of the director's final decision shall be to theadministrative hearing commission in accordance with sections 208.156 and621.055, RSMo.
13. Notwithstanding any other provision of law to the contrary,appeals regarding this assessment shall be to the circuit court of ColeCounty or the circuit court in the county in which the facility is located.The circuit court shall hear the matter as the court of originaljurisdiction.
14. Nothing in this section shall be deemed to affect or in any waylimit the tax-exempt or nonprofit status of any intermediate care facilityfor the mentally retarded granted by state law.
15. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
16. The provisions of this section shall expire on September 30,2011.
Definitions--assessment imposed, formula--rates of payment--fundcreated, use of moneys--record-keepingrequirements--report--appeal process--rulemaking authority.
633.401. 1. For purposes of this section, the following terms mean:
(1) "Engaging in the business of providing health benefit services",accepting payment for health benefit services;
(2) "Intermediate care facility for the mentally retarded", a privateor department of mental health facility which admits persons who arementally retarded or developmentally disabled for residential habilitationand other services pursuant to chapter 630, RSMo. Such term shall includehabilitation centers and private or public intermediate care facilities forthe mentally retarded that have been certified to meet the conditions ofparticipation under 42 CFR, Section 483, Subpart 1;
(3) "Net operating revenues from providing services of intermediatecare facilities for the mentally retarded" shall include, withoutlimitation, all moneys received on account of such services pursuant torates of reimbursement established and paid by the department of socialservices, but shall not include charitable contributions, grants,donations, bequests and income from nonservice related fund-raisingactivities and government deficit financing, contractual allowance,discounts or bad debt;
(4) "Services of intermediate care facilities for the mentallyretarded" has the same meaning as the term used in Title 42 United StatesCode, Section 1396b(w)(7)(A)(iv), as amended, and as such qualifies as aclass of health care services recognized in federal Public Law 102-234, theMedicaid Voluntary Contribution and Provider Specific Tax Amendment of1991.
2. Beginning July 1, 2008, each provider of services of intermediatecare facilities for the mentally retarded shall, in addition to all otherfees and taxes now required or paid, pay assessments on their net operatingrevenues for the privilege of engaging in the business of providingservices of the intermediate care facilities for the mentally retarded ordevelopmentally disabled in this state.
3. Each facility's assessment shall be based on a formula set forthin rules and regulations promulgated by the department of mental health.
4. For purposes of determining rates of payment under the medicalassistance program for providers of services of intermediate carefacilities for the mentally retarded, the assessment imposed pursuant tothis section on net operating revenues shall be a reimbursable cost to bereflected as timely as practicable in rates of payment applicable withinthe assessment period, contingent, for payments by governmental agencies,on all federal approvals necessary by federal law and regulation forfederal financial participation in payments made for beneficiaries eligiblefor medical assistance under Title XIX of the federal Social Security Act.
5. Assessments shall be submitted by or on behalf of each provider ofservices of intermediate care facilities for the mentally retarded on amonthly basis to the director of the department of mental health or his orher designee and shall be made payable to the director of the department ofrevenue.
6. In the alternative, a provider may direct that the director of thedepartment of social services offset, from the amount of any payment to bemade by the state to the provider, the amount of the assessment paymentowed for any month.
7. Assessment payments shall be deposited in the state treasury tothe credit of the "Intermediate Care Facility Mentally RetardedReimbursement Allowance Fund", which is hereby created in the statetreasury. All investment earnings of this fund shall be credited to thefund. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, any unexpended balance in the intermediate care facility mentallyretarded reimbursement allowance fund at the end of the biennium shall notrevert to the general revenue fund but shall accumulate from year to year.The state treasurer shall maintain records that show the amount of money inthe fund at any time and the amount of any investment earnings on thatamount.
8. Each provider of services of intermediate care facilities for thementally retarded shall keep such records as may be necessary to determinethe amount of the assessment for which it is liable under this section. Onor before the forty-fifth day after the end of each month commencing July1, 2008, each provider of services of intermediate care facilities for thementally retarded shall submit to the department of social services areport on a cash basis that reflects such information as is necessary todetermine the amount of the assessment payable for that month.
9. Every provider of services of intermediate care facilities for thementally retarded shall submit a certified annual report of net operatingrevenues from the furnishing of services of intermediate care facilitiesfor the mentally retarded. The reports shall be in such form as may beprescribed by rule by the director of the department of mental health.Final payments of the assessment for each year shall be due for allproviders of services of intermediate care facilities for the mentallyretarded upon the due date for submission of the certified annual report.
10. The director of the department of mental health shall prescribeby rule the form and content of any document required to be filed pursuantto the provisions of this section.
11. Upon receipt of notification from the director of the departmentof mental health of a provider's delinquency in paying assessments requiredunder this section, the director of the department of social services shallwithhold, and shall remit to the director of the department of revenue, anassessment amount estimated by the director of the department of mentalhealth from any payment to be made by the state to the provider.
12. In the event a provider objects to the estimate described insubsection 11 of this section, or any other decision of the department ofmental health related to this section, the provider of services may requesta hearing. If a hearing is requested, the director of the department ofmental health shall provide the provider of services an opportunity to beheard and to present evidence bearing on the amount due for an assessmentor other issue related to this section within thirty days after collectionof an amount due or receipt of a request for a hearing, whichever is later.The director shall issue a final decision within forty-five days of thecompletion of the hearing. After reconsideration of the assessmentdetermination and a final decision by the director of the department ofmental health, an intermediate care facility for the mentally retardedprovider's appeal of the director's final decision shall be to theadministrative hearing commission in accordance with sections 208.156 and621.055, RSMo.
13. Notwithstanding any other provision of law to the contrary,appeals regarding this assessment shall be to the circuit court of ColeCounty or the circuit court in the county in which the facility is located.The circuit court shall hear the matter as the court of originaljurisdiction.
14. Nothing in this section shall be deemed to affect or in any waylimit the tax-exempt or nonprofit status of any intermediate care facilityfor the mentally retarded granted by state law.
15. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
16. The provisions of this section shall expire on September 30,2011.
Definitions--assessment imposed, formula--rates of payment--fundcreated, use of moneys--record-keepingrequirements--report--appeal process--rulemaking authority.
633.401. 1. For purposes of this section, the following terms mean:
(1) "Engaging in the business of providing health benefit services",accepting payment for health benefit services;
(2) "Intermediate care facility for the mentally retarded", a privateor department of mental health facility which admits persons who arementally retarded or developmentally disabled for residential habilitationand other services pursuant to chapter 630, RSMo. Such term shall includehabilitation centers and private or public intermediate care facilities forthe mentally retarded that have been certified to meet the conditions ofparticipation under 42 CFR, Section 483, Subpart 1;
(3) "Net operating revenues from providing services of intermediatecare facilities for the mentally retarded" shall include, withoutlimitation, all moneys received on account of such services pursuant torates of reimbursement established and paid by the department of socialservices, but shall not include charitable contributions, grants,donations, bequests and income from nonservice related fund-raisingactivities and government deficit financing, contractual allowance,discounts or bad debt;
(4) "Services of intermediate care facilities for the mentallyretarded" has the same meaning as the term used in Title 42 United StatesCode, Section 1396b(w)(7)(A)(iv), as amended, and as such qualifies as aclass of health care services recognized in federal Public Law 102-234, theMedicaid Voluntary Contribution and Provider Specific Tax Amendment of1991.
2. Beginning July 1, 2008, each provider of services of intermediatecare facilities for the mentally retarded shall, in addition to all otherfees and taxes now required or paid, pay assessments on their net operatingrevenues for the privilege of engaging in the business of providingservices of the intermediate care facilities for the mentally retarded ordevelopmentally disabled in this state.
3. Each facility's assessment shall be based on a formula set forthin rules and regulations promulgated by the department of mental health.
4. For purposes of determining rates of payment under the medicalassistance program for providers of services of intermediate carefacilities for the mentally retarded, the assessment imposed pursuant tothis section on net operating revenues shall be a reimbursable cost to bereflected as timely as practicable in rates of payment applicable withinthe assessment period, contingent, for payments by governmental agencies,on all federal approvals necessary by federal law and regulation forfederal financial participation in payments made for beneficiaries eligiblefor medical assistance under Title XIX of the federal Social Security Act.
5. Assessments shall be submitted by or on behalf of each provider ofservices of intermediate care facilities for the mentally retarded on amonthly basis to the director of the department of mental health or his orher designee and shall be made payable to the director of the department ofrevenue.
6. In the alternative, a provider may direct that the director of thedepartment of social services offset, from the amount of any payment to bemade by the state to the provider, the amount of the assessment paymentowed for any month.
7. Assessment payments shall be deposited in the state treasury tothe credit of the "Intermediate Care Facility Mentally RetardedReimbursement Allowance Fund", which is hereby created in the statetreasury. All investment earnings of this fund shall be credited to thefund. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, any unexpended balance in the intermediate care facility mentallyretarded reimbursement allowance fund at the end of the biennium shall notrevert to the general revenue fund but shall accumulate from year to year.The state treasurer shall maintain records that show the amount of money inthe fund at any time and the amount of any investment earnings on thatamount.
8. Each provider of services of intermediate care facilities for thementally retarded shall keep such records as may be necessary to determinethe amount of the assessment for which it is liable under this section. Onor before the forty-fifth day after the end of each month commencing July1, 2008, each provider of services of intermediate care facilities for thementally retarded shall submit to the department of social services areport on a cash basis that reflects such information as is necessary todetermine the amount of the assessment payable for that month.
9. Every provider of services of intermediate care facilities for thementally retarded shall submit a certified annual report of net operatingrevenues from the furnishing of services of intermediate care facilitiesfor the mentally retarded. The reports shall be in such form as may beprescribed by rule by the director of the department of mental health.Final payments of the assessment for each year shall be due for allproviders of services of intermediate care facilities for the mentallyretarded upon the due date for submission of the certified annual report.
10. The director of the department of mental health shall prescribeby rule the form and content of any document required to be filed pursuantto the provisions of this section.
11. Upon receipt of notification from the director of the departmentof mental health of a provider's delinquency in paying assessments requiredunder this section, the director of the department of social services shallwithhold, and shall remit to the director of the department of revenue, anassessment amount estimated by the director of the department of mentalhealth from any payment to be made by the state to the provider.
12. In the event a provider objects to the estimate described insubsection 11 of this section, or any other decision of the department ofmental health related to this section, the provider of services may requesta hearing. If a hearing is requested, the director of the department ofmental health shall provide the provider of services an opportunity to beheard and to present evidence bearing on the amount due for an assessmentor other issue related to this section within thirty days after collectionof an amount due or receipt of a request for a hearing, whichever is later.The director shall issue a final decision within forty-five days of thecompletion of the hearing. After reconsideration of the assessmentdetermination and a final decision by the director of the department ofmental health, an intermediate care facility for the mentally retardedprovider's appeal of the director's final decision shall be to theadministrative hearing commission in accordance with sections 208.156 and621.055, RSMo.
13. Notwithstanding any other provision of law to the contrary,appeals regarding this assessment shall be to the circuit court of ColeCounty or the circuit court in the county in which the facility is located.The circuit court shall hear the matter as the court of originaljurisdiction.
14. Nothing in this section shall be deemed to affect or in any waylimit the tax-exempt or nonprofit status of any intermediate care facilityfor the mentally retarded granted by state law.
15. The director of the department of mental health shall promulgaterules and regulations to implement this section. Any rule or portion of arule, as that term is defined in section 536.010, RSMo, that is createdunder the authority delegated in this section shall become effective onlyif it complies with and is subject to all of the provisions of chapter 536,RSMo, and, if applicable, section 536.028, RSMo. This section and chapter536, RSMo, are nonseverable and if any of the powers vested with thegeneral assembly pursuant to chapter 536, RSMo, to review, to delay theeffective date, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.
16. The provisions of this section shall expire on September 30,2011.
