This text of Nebraska § 68-1926 (Nursing Facility Quality Assurance
Fund; created; use; investment) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)The Nursing Facility Quality Assurance Fund is created.
Interest and income earned by the fund shall be credited to the fund. Any
money in the fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
(2)The department
shall use the Nursing Facility Quality Assurance Fund, including the matching
federal financial participation under Title XIX of the federal Social Security
Act, as amended, for the purpose of enhancing rates paid under the medical
assistance program to nursing facilities and skilled nursing facilities, exclusive
of the reimbursement paid under the medical assistance program, and, except
for the purpose of reimbursement for retroactive compensation as provid
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(1) The Nursing Facility Quality Assurance Fund is created.
Interest and income earned by the fund shall be credited to the fund. Any
money in the fund available for investment shall be invested by the state
investment officer pursuant to the Nebraska Capital Expansion Act and the
Nebraska State Funds Investment Act.
(2) The department
shall use the Nursing Facility Quality Assurance Fund, including the matching
federal financial participation under Title XIX of the federal Social Security
Act, as amended, for the purpose of enhancing rates paid under the medical
assistance program to nursing facilities and skilled nursing facilities, exclusive
of the reimbursement paid under the medical assistance program, and, except
for the purpose of reimbursement for retroactive compensation as provided
in subsection (2) of section 68-1927 or reimbursement for rate enhancements
in anticipation of receipt of quality assurance assessments or related matching
federal financial participation pursuant to the Nursing Facility Quality Assurance
Assessment Act, shall not use the fund to replace or offset existing state
funds paid to nursing facilities and skilled nursing facilities for providing
services under the medical assistance program.
(3) The Nursing Facility
Quality Assurance Fund shall also be used as follows:
(a) To pay the department a reasonable
administrative fee for enforcing and collecting the quality assurance assessment
out of the Nursing Facility Quality Assurance Fund in addition to any federal
medical assistance matching funds;
(b) To pay the share under the medical
assistance program of a quality assurance assessment as an add-on to the rate
under the medical assistance program for costs incurred by a nursing facility
or skilled nursing facility. This rate add-on shall account for the cost incurred
by a nursing facility or skilled nursing facility in paying the quality assurance
assessment but only with respect to the pro rata portion of the assessment
that correlates with the resident days in the nursing facility or skilled
nursing facility that are attributable to residents funded by the medical
assistance program;
(c) To rebase rates under the medical assistance program in accordance
with the medicaid state plan as defined in section 68-907 . In calculating
rates, the proceeds of the quality assurance assessments and federal match
not utilized under subdivisions (3)(a) and (b) of this section shall be used
to enhance rates by increasing the annual inflation factor to the extent allowed
by such proceeds and any funds appropriated by the Legislature; and
(d) To increase
quality assurance payments to fund covered services to recipients of benefits
from the medical assistance program within medicare upper payment limits as
determined by the department following consultation with nursing facilities
and skilled nursing facilities.