§ 68-1928 — Department; discontinue collection of quality assurance assessments; when; return of money

(1) The department
shall discontinue collection of the quality assurance assessments:
(a) If the
waiver requested pursuant to section 68-1927 or the medicaid state plan amendment
reflecting the payment rates in section 68-1926 is given final disapproval
by the Centers for Medicare and Medicaid Services of the United States Department
of Health and Human Services;
(b) If, in any fiscal year, the state appropriates
funds for nursing facility or skilled nursing facility rates at an amount
that reimburses nursing facilities or skilled nursing facilities at a lesser
percentage than the median percentage appropriated to other classes of providers
of covered services under the medical assistance program;
(c) If money
in the Nursing Facility Quality Assurance Fund is appropriated, transferred,
or otherwise expended for any use other than uses permitted pursuant to the
Nursing Facility Quality Assurance Assessment Act; or
(d) If federal financial
participation to match the quality assurance assessments made under the act
becomes unavailable under federal law. In such case, the department shall
terminate the collection of the quality assurance assessments beginning on
the date the federal statutory, regulatory, or interpretive change takes effect.
(2) If collection
of the quality assurance assessment is discontinued as provided in this section,
the money in the Nursing Facility Quality Assurance Fund shall be returned
to the nursing facilities or skilled nursing facilities from which the quality
assurance assessments were collected on the same basis as the assessments
were assessed.

Legislative History

Source: Laws 2011, LB600, § 28.