Luverne Geriatric Center v. Baggiano

480 So. 2d 558, 1984 Ala. Civ. App. LEXIS 1369
CourtCourt of Civil Appeals of Alabama
DecidedJune 13, 1984
DocketCiv. 4274
StatusPublished

This text of 480 So. 2d 558 (Luverne Geriatric Center v. Baggiano) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Luverne Geriatric Center v. Baggiano, 480 So. 2d 558, 1984 Ala. Civ. App. LEXIS 1369 (Ala. Ct. App. 1984).

Opinion

BRADLEY, Judge.

Plaintiffs sought to recover certain funds allegedly owed them by defendant under the Medicaid Program. The trial court denied them relief and they appeal.

Each of the three plaintiffs is a nursing home provider and an Alabama corporation. They are also part of a larger corporate entity, Max-I-Care Centers, Inc., which owns at least eight nursing homes in Alabama. Each plaintiff is what is known as a “provider” of nursing home services to Medicaid patients. A “provider,” in Medicaid terminology, is an entity, such as a nursing home or hospital, or an individual, such as a doctor, who provides services under contract with the State Medicaid Agency (Alamed), for which the provider is reimbursed. For each of the four years now in dispute, 1978, 1979, 1980, and 1981, the plaintiffs entered into provider contracts with Alamed. The plaintiffs had no other relationship with Alamed than their contractual relationship.

Under the Medicaid Program, payments are made to the provider by Alamed for services rendered to Medicaid patients and the money for such payments comes from state and federal sources. Such payments are to be made as provided in a plan which conforms to the Federal Social Security Act and which has been approved by the Secretary of the United States Department of Health and Human Services. 42 U.S.C. section 1396a(a)(13)(E), requires that such plans provide for reimbursement to the providers “on a reasonable .cost related basis, as determined in accordance with methods and standards which shall be developed by the State on the basis of cost finding methods approved and verified by the Secretary.”

Such a plan was adopted by Alamed and approved by the Secretary. The plan provided for reimbursement to the nursing homes by the following method:

“(1) All nursing home providers were grouped into categories;
“(2) ALAMED then took the projected cost per day (derived from the June fiscal year cost reports from each nursing home);
“(3) ALAMED then placed each home in a class from the lowest projected cost home to the highest;
“(4) ALAMED then multiplied the number of providers in the particular class by 60%. For example, if there were 200 homes in a class, ALAMED would multiply 200 X .60. As a result, the nursing home in the 120th position (200 X .60) would have its projected rate selected as the maximum ceiling' which would be paid to all nursing homes in that class the following year. Thus, the following year, a nursing home would be paid its actual projected cost per day or the ceiling, whichever was less;
[560]*560“(5) If the nursing home’s actual rate exceeded its previous year’s projected rate there was a ‘positive variance.’ Thus, the nursing home’s overage would be added to next year’s projected rate. Likewise, if the nursing home’s actual rate was less than the previous year's projected rate such overages paid by ALAMED would be subtracted from the home’s projected rate for the following year.”

Plaintiffs contend that the sixtieth percentile method operated to limit their ability in the following year to recover those amounts which they were underpaid in the prior year. As a result, Luverne Geriatric Center claims it delivered services to patients under the Medicaid program in 1978 at a reasonable cost of $105,964 in excess of the projected rate. Lakeview Manor, Inc. likewise contends it delivered such services in 1978 at a reasonable cost of $24,-393 in excess of the projected rate. Valley Brook Park, Inc. claims it delivered such services in 1979 at a reasonable cost of $3,546 in excess of the projected rate, and that it did likewise in 1980 at a reasonable cost of $3,403 in excess of the projected rate.

Plaintiffs further contend that the refusal by defendant to pay them the full reasonable costs of rendering services to Medicaid patients violated 42 U.S.C. section 1396a (a)(13)(E) and 42 C.F.R. section 447.-302, which provides:

“(a) Methods and standards for determining payment rates must reasonably take into account actual costs of the allowable items set forth in §§ 447.
“(b) Payment rates must not be set lower than rates that the agency reasonably finds to be adequate to reimburse in full the actual allowable costs of a facility that is economically and efficiently operated.” (Emphasis added.)

In order to comply with federal laws and regulations, Alamed must pay providers “according to the methods and standards set forth in the plan [the State Plan] under § 447.301,” which sets out three criteria the state’s reimbursement methodology must meet in order to establish “reasonable cost-related payment rates”:

“(1) The plan must set forth the methods and the standards used by the agency to set reasonable cost-related rates;
“(2) The methods and standards must be developed by the agency on the basis of cost-finding methods approved under § 447.276.
“(3) The agency must set payment rates on the basis of the methods and standards. The payment rates must be effective no later than January 1, 1978.”

As revealed by the evidence, Alamed met all three of the above requirements, as well as those requirements set out in section 447.276:

“(1) The plan must specify the cost finding method or methods to be used by providers;
“(2) There must be a uniform method for all S.N.F.s and a uniform method for all I.C.Fs.
“(3) The cost-finding method must be approved by the Regional Medicaid Director.”

The trial court found that “in order for ALAMED’s reimbursement methodology to be declared valid ALAMED need only show the Secretary of Health and Human Services approved and verified its plan.” Additionally, the trial court stated that “the Secretary did approve and verify ALAMED’s plan.” We agree. Furthermore, the United States District Court for the Middle District of Alabama, in Alabama Nursing Home Ass’n v. Schweiker, No. 77-52-N (M.D.Ala. Feb. 19, 1982), held that Alamed’s reimbursement methodology was not illegal. Hence, all three nursing homes received sufficient reimbursement in accordance with the federal requirements.

Moreover, the parties stipulated at trial that their relationship was purely contractual. The pertinent parts of their contracts are as follows:

“3. Provider agrees to furnish medically necessary skilled or intermediate care services to eligible beneficiaries in the Medicaid Program in accordance with [561]*561the provisions of the State Plan for Medical Assistance (hereinafter referred to as the ‘State Plan’) for the State of Alabama, as approved by the Secretary, Department of Health, Education and Welfare, and as the said State Plan may bé amended from time to time.
“4. The Medicaid rate will be established on the basis of a per diem based on an audit report of operating expenses submitted to MSA.

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Bluebook (online)
480 So. 2d 558, 1984 Ala. Civ. App. LEXIS 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luverne-geriatric-center-v-baggiano-alacivapp-1984.