§ 42-8-104 — Assessments

(a) Each nursing care facility shall pay the nursing care
facility assessment to the account in accordance with this
article.
(b) The aggregated amount of assessments for all nursing
facilities during a fiscal year shall be the lesser of the
amount necessary to fund the provisions of this article or the
maximum amount that may be assessed pursuant to the indirect
guarantee threshold as established pursuant to 42 C.F.R.
433.68(f)(3)(i). The department shall determine the assessment
rate prospectively for the applicable fiscal year on a per-
resident-day basis, exclusive of Medicare resident days. The
per-resident-day assessment rate shall be uniform. The
department shall promulgate rules for facility reporting of non-
Medicare resident days and for payment of the assessment.
(c) The department shall collect, and each nursing care
facility shall pay, the assessment under this section on a
quarterly basis. The initial payment shall be due not later
than forty-five (45) days after the state plan has been approved
by the federal centers for Medicare and Medicaid services unless
a later date is set by the department. Subsequent payments are
due not later than forty-five (45) days after the end of each
calendar quarter.
(d) Nursing care facility operators may increase their
charges to incorporate the cost of paying the assessment under
this section, but shall not create a separate line-item charge
on the bill reflecting the assessment.