This text of North Dakota § 50-24.4-15 (Property-related costs) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.The department shall include in the ratesetting system for nursing homes a fair rental
value payment mechanism for the use of real and personal property.
2.The department shall establish a per bed property cost limitation considering single
and double occupancy construction. The double room limit effective July 1, 2015, is
one hundred fifty-six thousand seven hundred eighty-three dollars and the single room
limit is two hundred thirty-five thousand one hundred seventy-six dollars. The per bed
property cost limitation must apply to construction or renovation projects currently in
process or which have approved financing in place on or before December 31, 2021.
The nursing home must have agency approval of the project by December 31, 2022.
The nursing home shall notify the department wit
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1. The department shall include in the ratesetting system for nursing homes a fair rental
value payment mechanism for the use of real and personal property.
2. The department shall establish a per bed property cost limitation considering single
and double occupancy construction. The double room limit effective July 1, 2015, is
one hundred fifty-six thousand seven hundred eighty-three dollars and the single room
limit is two hundred thirty-five thousand one hundred seventy-six dollars. The per bed
property cost limitation must apply to construction or renovation projects currently in
process or which have approved financing in place on or before December 31, 2021.
The nursing home must have agency approval of the project by December 31, 2022.
The nursing home shall notify the department within thirty days of receiving financial
approval for any construction or renovation projects that financing is in place on or
before December 31, 2022.
3. The maximum allowable movable equipment replacement value per licensed bed must
be fifteen thousand dollars when calculating the fair rental value.
4. The maximum allowable square footage per licensed bed must be nine hundred fifty
square feet [88.26 square meters] when calculating the fair rental value.
5. The maximum allowable rental rate must be eight percent when calculating the fair
rental value rate.
6. Effective with the 2023 rate year, the property rate component of the payment rate,
exclusive of startup and passthrough costs, must be the greater of the rate calculated
using allowable property-related costs or the fair rental value rate. If the fair rental
value rate is greater than the rate calculated using allowable property-related costs,
the increase must be phased in over a four-year period.
7. Effective with the 2023 rate year, if the fair rental value rate is greater than the rate
calculated using allowable property-related costs, the increase must be reserved until
a major renovation or construction is placed in service.
8. Effective with the 2023 rate year and subsequent rate years, if the fair rental value rate
is less than the rate calculated using allowable property-related costs, the department
shall inform the nursing home of the property rate using allowable property-related
costs and the fair rental value. Before the start of each rate year, the nursing home
shall inform the department if the nursing home wants to accept the property rate
using allowable property-related costs as the established rate. The allowable property-
related costs must be calculated using only the allowable depreciation on capital
assets and interest on debt as of June 30, 2022, for all rate years. Once the fair rental
value rate is equal to or greater than the rate calculated using allowable property-
related costs, or the nursing home does not inform the department the nursing home
wants to accept the property rate using allowable property-related costs, the
department no longer need inform the nursing home of the property rate using
allowable property-related costs and the rate must be calculated using the fair rental
value methodology.