Delaware Code Title 16 Sec. 1182 – Use of Nursing Facility Quality Assessment Fund; payments
(a) Funds deposited into the Nursing Facility Quality Assessment Fund must be used by the Department exclusively to secure federal matching funds available through the state Medicaid plan and any applicable waivers, and together with the Federal funds must be used exclusively by the Department including any managed care companies under contract to the Medicaid agency to do all of the following:
(1) Provide for per diem rate adjustments in accordance with § 1183 of this title to Medicaid enrolled nursing facilities.
(2) Reimburse the Medicaid share of the quality assessment in accordance with § 1183 of this title.
(3) Reimburse any funds advanced from the Department Medicaid budget appropriation that were used to make the payments referred to under paragraphs (a)(1) and (2) of this section.
Terms Used In Delaware Code Title 16 Sec. 1182
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
- Medicaid: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
- Medicaid share of the quality assessment: means for each nursing facility, the assessment cost applicable to Medicaid residents. See Delaware Code Title 16 Sec. 1180
- Nursing facility: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) If the quality assessment imposed by § 6502 of Title 30 and the payments referred to by paragraphs (a)(1) and (2) of this section are repealed, any funds remaining in the Nursing Facility Quality Assessment Fund must:
(1) First reimburse the Department if the total of all quality assessment payments received from nursing facilities are equal to or less than the state share of all of the payments referred to by paragraphs (a)(1) and (2) of this section made by the Department including managed care companies under contract to the Medicaid agency to nursing facilities.
(2) If the total of all quality assessments received is greater than the state share of the payments issued referred to by paragraphs (a)(1) and (2) of this section, the remaining funds must be distributed back to the nursing facilities generally and proportionately on the same basis as the assessments were collected in the last calendar quarter.