§ 68-1927 — Application for amendment to medicaid state plan; approval; effect; resubmission of waiver application

(1) On or
before September 30, 2011, or after that date if allowable by the Centers
for Medicare and Medicaid Services of the United States Department of Health
and Human Services, the Nebraska Department of Health and Human Services shall
submit an application to the Centers for Medicare and Medicaid Services amending
the medicaid state plan as defined in section 68-907 by requesting a waiver
of the uniformity requirement pursuant to 42 C.F.R. 433.68(e) to exempt certain
facilities from the quality assurance assessment and to permit other facilities
to pay the quality assurance assessment at lower rates.
(2) The quality
assurance assessment is not due and payable until an amendment to the medicaid
state plan which increases the rates paid to nursing facilities and skilled
nursing facilities is approved by the Centers for Medicare and Medicaid Services
and the nursing facilities and skilled nursing facilities have been compensated
retroactively for the increased rate for services pursuant to section 68-1926 .
(3) If the
waiver requested under this section is not approved by the Centers for Medicare
and Medicaid Services, the department may resubmit the waiver application
to address any changes required by the Centers for Medicare and Medicaid Services
in the rejection of such application, including the classes of facilities
exempt and the rates or amounts for quality assurance assessments, if such
changes do not exceed the authority and purposes of the Nursing Facility Quality
Assurance Assessment Act.

Legislative History

Source: Laws 2011, LB600, § 27.