State: Indiana
Attachment 4.19D
Page 36
and hours incurred to perform the function for which the provider was certified. Both total
compensation and total hours worked shall be reported for all employees.
(c) Payroll records shall be maintained by the provider to substantiate the staffing costs reported to the
office. The records shall indicate each employee's classification, hours worked, rate of pay, and the
department Or functional area to which the employee was assigned and actually worked. If an
employee performs duties in more than one (1) department or functional area, the payroll records
shall indicate the time allocations to the various assignments.
(d) When an owner or related party work assignment is at or below a department head level, the hours
and compensation shall be included in the staffing hours reported using the forms prescribed by the
office. Such hours and compensation must be reported separately and so identified. Compensation
paid to owners or related parties for performing such duties shall be allowed if the compensation paid
to owner/related parties does not exceed the price paid in the open market to obtain such services by
nonowners or nonrelated parties. Such compensation to owner/related parties is not subject to the
limitation found in section 18 of this rule.
405 lAC 1-14.6-18 Allowable costs; calculation of allowable owner or related party compensation; wages;
salaries; fees
Autbority: IC 12-8-6-5;
TN 99-006
Supersedes:
TN 98-014
rc
12-15-1-10; IC 12-15-21-2
Approved
9/2 l/17
Effective
L//;j'1 '/
Attachment 4.19D
State: Indiana
Page 37
'\
Sec. 18. (a) Compensation for:
( 1) an owner, a related party, management, general line personnel, and consultants who perform
management functions; or
(2) any individual or entity rendering services above the department head level;
shall be subject to the annual limitations described in this section. All compensation received by the
parties as described in this subsection shall be reported and separately identified on the financial report
form even though such payment may exceed the limitations. This compensation is allowed to cover
costs for all administrative, policymaking, decision making, and other management functions above the
department head level. Beginning effective July 1, 2003, through June 30, 2017, compensation subject
to this limitation includes wages, salaries, and fees for the owner, management, contractors, and
consultants who actually perform management functions as well as any other individual or entity
performing such tasks. Beginning effective July 1, 2017, and thereafter, wages, salaries, and fees paid
for the owner, administrator, assistant administrator, management, contractors, and consultants who
actually perform management functions as well as any other individual or entity performing such tasks
are subject to this limitation.
(b) Beginning effective October 1, 2011, through June 30, 2017, the maximum allowable
amount for owner, related party, and management compensation shall be the average allowable cost of
the median patient day for owner, related party, and management compensation subject to this
limitation as defined in subjection (a). The average allowable cost of the median patient day shall be
updated four (4) times per year effective January I, April 1, July 1, and October 1.
(c) Beginning effective July 1, 2017, the maximum amount ofowner, related party, and
management compensation for the parties identified in subsection (a) shall be the lesser of the amount:
(1) under subsection (d), as updated by the office on July 1 of each year based on the average
rate ofchange of the most recent twelve (12) quarters of the Gross National Product Implicit
Price Deflater; or
(2) of patient-related wages, salaries, or fees actually paid or withdrawn that were properly
reported to the federal Internal Revenue Service as wages, salaries, fringe benefits, or fees.
If liabilities are established, they shall be paid within seventy-five (75) days after the end of the
accounting period or the costs shall be disallowed.
TN: 14-004
Supersedes
TN: 12-011
JAN 3() Z01!J
Approval Date:_ _ _ _ _ _ __
Effective Date: July 1, 2014
Attachment 4.19D
Page 38
State: Indiana
(c) The owner, related party, and management compensation limitation per operation effective July
1, 1995, shall be as follows:
Owner and Management Compensation
Beds
Allowance
10
$21,542
20
$28,741
30
$35,915
40
$43,081
50
$50,281
60
$54,590
70
$58,904
80
$63,211
90
$67,507
100
$71,818
110
$77,594
120
$83,330
130
$89,103
140
$94,822
150
$100,578
"',-"
TN 98-014
Supersedes:
TN9S-Q06
Approved ;) /;:;/2'7 Effective /0
if ,I7 f{
State: Indiana
Attachment 4.19D
Page 39
160
$106,311
170
$112,068
180
$117,807
190
$123,562
200
$129,298
200 and over $129,298 +
$262/bed over 200
This subsection applies to each provider of a Medicaid-certified operation. The unused
portions of the allowance for one (1) operation shall not be carried over to other operations.
TN:#03-030
Supersedes:
TN: #99-006
Approval Date: April 12, 2005
Effective Date: July 1, 2003
State: Indiana
Attachment 4.19D
Page 39A
405 IAC 1-14.6-19 Medical or nonmedical supplies and equipment
Sec. 19. The approved per diem rate in nursing facilities includes the cost of both medical and
nonmedical supply items, and the provider shall not bill the Medicaid program for such items
in addition to the established rate. Under no circumstances shall medical or nonmedical
supplies and equipment for nursing facility residents be billed through a pharmacy or other
provider. Medical and nonmedical supply items for nursing facility residents that are
reimbursed by other payer sources shall not be reimbursed by Medicaid.
TN: #03-030
Supersedes:
TN: New
Approved Date: April 12, 2005
Effective Date: July 1, 2003
State: Indiana
Attachment 4.190
Page 40
405 lAC 1- J 4.20 Nursing facilities reimbursement for therapy services
Sec. 20. (a) Therapy services provided to Medicaid recipients by nursing facilities
are included in the established rate. Under no circumstances shall therapies for nursing
facility residents be billed to Medicaid through any provider. Therapy services for
nursing facility residents that are reimbursed by other payor sources shall not be
reimbursed by Medicaid.
(b) For purposes of determining allowable therapy costs, the office or its
contractor shall adjust each provider's cost of therapy services reported on the Nursing
Facility Financial Report, including any employee benefits prorated based on total
salaries and wages, to account for non-Medicaid payers, including Medicare, of therapy
services provided to nursing facility residents. Such adjustment shall be applied to each
cost report in order to remove reported costs attributable to therapy services reimbursed
by other payers. The adjustment shall be calculated based on an allocation of reported
therapy revenues and shall be subject to field audit verification.
TN /iO 1-0 [()
S 1I pcrscdc';
TN !tl)C)-OO(l
Attachment 4. t 9D
Page 41
State of Indiana
405 lAC I - I 4.6-2 I Allocation of expenses
Sec.21.(a) Except as provided in subsection (b), the detailed basis for allocation of expenses between
nursing facility services and other services in a facility shall remain a prerogative of the provider as long as
the basis is reasonable and consistent between accoullting periods.
(b) The following relationships shall be followed:
(I) Reported expenses and patient census information must be for the same reporting period.
(2) Nursing salary allocations must be on the basis of nursing hours worked and must be for
the reporting period except when specific identification is used based on the actual salaries
paid for the reporting period.
(3) NothiRg iR this .ule is iRteRded to alter the appl'8priate elassifieatioo of eosts aD the
aRRual fioaDeial report ",aIR the appropriate elassifieatioo of eosts UDder 40S lAC 1
14.1 {4(}S lAC 1 14.1 ,lItIS repealedflled AIRy J9, 1997, 4:~S 1M...' J(} lR J7'J4.j. No
allocation of costs between annual financial report line items shall be permitted.
(4) Any changes in the allocation or classification of costs must be approved by the office
prior to the changes being implemented. Proposed changes in allocation or classification
methods must be submitted to the office for approval at least ninety (90) days prior to the
provider's reporting year end.
i.
[
i
I
TN: 09-006
MAY 2 5 2010
Supersedes
TN: 98-014
Approval Date:
Effective Date: January I, 2010
Attachment 4.19D
Page 42
State: Indiana
405 lAC 1-14.6-22 Administrative reconsideration; appeal
Sec. 26. (a) The Medicaid rate-setting contractor shall notify each provider of the
provider's rate after they have been computed. If the provider disagrees with the rate the provider
may request an administrative reconsideration from the Medicaid rate-setting contractor. Such
reconsideration requests shall be in writing and shall contain specific issues to be reconsidered
and the rationale for the provider's position. The provider must request administrative
reconsideration before filing an appeal. Only issues raised by the provider during the
administrative reconsideration may be subsequently raised in an appeal. The request shall be
signed by the provider or the authorized representative of the provider and must be received by
the contractor not later than forty-five (45) days after release of the rate as computed by the
Medicaid rate-setting contractor. Upon receipt of the request for reconsideration, the Medicaid
rate-setting contractor shall evaluate the data. After review, the Medicaid rate-setting contractor
may amend the rate, amend the challenged procedure or affinn the original decision. The
Medicaid rate-setting contractor shall thereafter notify the provider of its final decision in
writing, not later than forty-five (45) days from the Medicaid rate-setting contractor's receipt of
the request for reconsideration. In the event that a timely response is not made by the rate-setting
contractor to the provider's reconsideration request, the request shall be deemed denied and the
provider may pursue its administrative remedies as set out in subsection (d).
TN: 12-011
Supersedes
TN: 11-020
~t:o 26 lOl3 Ef"lectlVe
. Date: .TnIy 1, 2012
ApprovaI Date:~_~~~~~~_.
Attachment 4.l9D
Page 43
State: Indiana
(h) If a provider disagrees with the preliminary recalculated Medicaid rate resulting from
a financial audit adjustment or reportable condition, the provider may request administrative
reconsideration from the Medicaid audit contractor. Such reconsideration requests shall be in
writing and shall contain specific issues to be considered and the rationale for the provider's
position. The provider must request administrative reconsideration before filing an appeal. Only
issues raised by the provider during the administrative reconsideration may be subsequently
raised in an appeal. The request shall be signed by the provider or the authorized representative
of the provider and must be received by the Medicaid audit contractor not later than forty-five
(45) days after release of the preliminary recalculated Medicaid rate computed by the Medicaid
rate-setting contractor. Upon receipt of the request for reconsideration, the Medicaid audit
contractor shall evaluate the data. After review, the Medicaid audit contractor may amend the
audit adjustment or reportable condition or affirm the original adjustment or reportable
condition. The Medicaid audit contractor shall thereafter notify the provider of its final decision
in writing not later than forty-five (45) days from the Medicaid audit contractor's receipt of the
request for reconsideration. In the event that a timely response is not made by the audit
contractor to the provider's reconsideration request, the request shall be deemed denied and the
provider may pursue its administrative remedies under subsection (d).
TN: 12-011
Supersedes
TN: 11-020
Approval Date:
Gte 25 Z0\3
Effective Date: July 1. 2012
State: Indiana
AttacInnent 4.19D
Page 44
(0) Uthe provider disagrees with a rate redetermination resulting from a recalculation of
its eM! due to an MDS audit affecting the established Medicaid rate, the provider may request
an administrative reconsideration from the Medicaid rate-setting contractor. Such reconsideration
requests shall be in writing and shall contain specifio issues to be considered and the rationale for
the provider's position. The provider must request administrative reoonsideration before filing an
appeal. Only issues raised by the provider during the administrative reconsideration may be
subsequently raised in an appeal. The request shall be signed by the provider or authorized
representative of the provider and must be received by the Medicaid rate-setting contractor not
later than forty-five (45) days after release of the rate computed by the Medicaid rate-setting
contractor. Upon receipt of the request for reconsideration, the Medicaid rate-setting contractor
shall forward the administrative reconsideration to the MDS audit contractor who shall evaluate
the data. After review, the MDS audit contractor may amend the audit adjustment or affirm the
original adjustment. The MDS audit contractor shall thereafter notify the provider of its final
decision in writing not later than forty-five (45) days from the MDS audit contractor's receipt of
the request for reconsideration. In the event that a timely response is not made by the Medicaid
rate-setting contractor to the provider's reconsideration request, the request shall be deemed
denied and the provider may pursue its administrative remedies under subsection (d).
(d) After completion of the reconsideration procedure under subsection (a), (b), or (c), the
provider may initiate an appeal under Ie 4c21.5-3. The request for an appeal must be signed by
the nursing facility provider.
(e) The office may take action to implement Medicaid rates without awaiting the outcome
of the administrative process, in accordance with section I (d) of this rule.
TN: 12-011
Supersedes
TN: 11-020
Approval Date:
ifB 25 ZOl3
Effective Date: July 1, 2012
., ..
· •• !
State: Indiana
Attachment 4. l 9D
Page44Cont
405 IAC l-14.6-26Ratereduction
Notwithstanding all other provisions of this rule, reimbursement rates shall be reduced by three
percent (3%) per resident per day through June 30, 2017 for nursing facility services that have
been Calculated under this rule except for the following:
(1) The difference between:
(i) the nursing facility quality rate add-on, as described in subsection
7(rri) of Legislative Services Agency (LSA) Document #12-279, posted as a
final rule in tbe Indiana Register at:
·
http://www.in.gov/Jegislative/iac/20 l 30626-IR-4051202 79FRA.xml.pdf
effective July 1, 2013
(ii) the nursing home report card score rate add-on calculated using
.each fucility's current nursing home report card score, and the nursing home
report card score rate add-on parameters contained in section 7(k) ofLSA
Document #10-183, posted as a final rule in the Indiana Register at;
http://www.in.gov/legislative/iac/2010120 !-IR-405100183FRA.xml.pdf
effective December 1, 2010; and
(2) The difference between:
(i) the quality assessment rate add-on calculated using the assessment
rates in section 57ofLSA12-396(E), posted as an emergency rule in the
fudiana Register at:
h!m:l/www,in.gov/legislative/iac/20 l 207 l l-JRc405 l20396ERA.xml.pdf
effective July 1, 2012; and
(ii) the quality assessment rate add-on calculated using the assessment
rates in section 24(a) ofLSA Document #10-65, posted as a final rule the
Indiana Register at :
http:/fwww.in.gov/legislative/iac/2010120 I -JR-405100065FRA.xml.pdf
effective December 1, 2010.
.I
m
!
TN: 15-012
Supersedes
TN: 14-004
Approval Date:
0EC 2. 3 Z015
Effective Date: July I. 2015
State: Indiana
Attachment 4.19D
Page 44A
405 IAC 1-14.6-23 Nursing Facility Quality Assessment
Sec. 23 (a) For nursing facilities certified for participation in the Medicaid program
under Title XIX of the federal Social Security Act (42 U.S.C. 1396 et seq.), the quality
assessment shall be an allowable cost for cost reporting and auditing purposes. The quality
assessment shall be included in Medicaid reimbursement as an add-on to the Medicaid rate. The
add-on is determined by dividing the product of the assessment rate times total non-Medicare
patient days by total patient days from the most recently completed desk reviewed annual
financial report.
TN: #03-030
Supersedes:
TN: New
Approved Date: April 12, 2005
Effective Date: July 1, 2003
Attachment 4.19D
Page44B
This page intentionally left blank.
TN: 11-020
Supersedes
TN: 11-001
NAY 221QU
Approval Date.:_ _ _ _ _ _ _ _Effective Date: October 1, 2011
State: Indiana
Attachment 4.19D
Page44C
Nursing facilities that were paid a Medicaid per diem rate between July 1, 2011, and September
30, 2011 will be eligible for a supplemental add-on amount to be applied to their per diem rate
effective for the period of October 1, 2011 through December 31, 2011. This supplemental add-on
amount is calculated as the difference between a. and b. described below:
a. A July 1, 2011, Medicaid rate calculated in accordance with methods and pararpeters of
the State Plan in effect on June 30, 2011, with the exception that the five percent (5%)
per resident day rate reduction under the approved State Plan Amendment TN# 11-001
shall not be applied.
b. A July 1, 2011, Medicaid rate calculated in accordance with methods and parameters of
the State Plan in effect on July 1, 2011, with the exception that the five percent (5%)
per resident day rate reduction under the approved State Plan Amendment TN# 11-001
shall not be applied.
The supplemental add-on amount calculated above and added to the Medicaid per diem rate shall
be subject to the five percent (5%) per resident day rate reduction.
TN: 11-020
Supersedes
TN: New
MAY 222,0\2
Approval Date:._ _ _ _ _ _ _~Effective Date: October I, 2011
State of Indiana
Attachment 4.19-D
Page 44D
Reimbursement for Religious Non-Medical Health Care Institutions
(a) Care for residents in a Religious Non-Medical Health Care Institution approved by the
office may be reimbursed pursuant to the case mix reimbursement methodology found at 405
IAC 1-14.6.23
(b) Religious Non-Medical Health Care Institutions are not required to electronically transmit
MDS resident assessment information.
(c) Initial interim rates will be set at the sum of the average allowable cost of the median
patient day for the direct care, therapy, indirect care, administrative, and eighty percent (80%)
of the capital component. Prior to the provider’s first annual rate review, the direct care
component of the Medicaid initial interim rate will be adjusted to reflect a case mix level of
Reduced Physical Function PD1. Initial interim rates shall be effective on the certification
date or the date that a service is established, whichever is later. In determining the initial rate,
limitations and restrictions otherwise outlined in this rule shall apply.
(d) Normalized allowable cost shall be the facility’s total allowable direct patient care costs
divided by a case mix level of Reduced Physical Function PD1.
(e) The case mix index for Medicaid residents used to adjust the direct care component that
becomes effective on the second calendar quarter following the facility’s fiscal year end shall
be a case mix level of Reduced Physical Function PD1. No adjustment to the direct care
component to reflect changes in the facility’s Medicaid case mix for the three calendar
quarters following the effective date of the annual rate review shall be performed.
(f) Except as noted in this section all other sections of 405 IAC 1-14.6 shall apply.
TN: 04-007
Supersedes:
N/A
Approved: April 12, 2005
Effective: July 1, 2004
Attachment 4.19D
Page 45
Nursing Facilities; Electronic Traosmission of Minimum Data Set (MDS)
405 lAC 1-15-1 Scope
Sec. 1. This section requires nursing facilities certified to provide nursing facility care to Medicaid
recipients to electronically transmit minimum data set (MDS) information for all residents, including
residents in a noncertified bed, to the office of Medicaid policy and planning for use in establishing and
maintaining a case mix reimbursement system for Medicaid payments to nursing facilities and other
Medicaid program management purposes.
Sec. 2. (a) The definitions in this section apply throughout this rule.
(b) "Case mix reimbursement" means a system of paying nursing facilities according to the mix of
residents in each facility as measured by resident cba.racte:ristics and service needs. Its function is to
provide payment for resources needed to serve different types of residents.
(c) "Minimum data set" means a core set of screening and assessment elements, including common
definitions and coding categories, that forms the foundation of the comprehensive assessment for all
residents oflong term care facilities certified to participate in the Medicaid program. The items in the
MDS standardize communication about resident problems, strengths, and conditions within the facilities,
between facilities, and between facilities and outside agencies. Version 2.0 (912000) is the most current
form to the minimUm data set (MDS 2.0). The Indiana system will employ the MDS 2.0 or subsequent
revisions as approved by the Centers for Medicare and Medicaid Services (CMS).
(d) "Office" means the office of Medicaid policy and planning.
TN: 10-006
Super8Cdes
TN: 01-016
AUG - 5 2010
Approval Date:,_ _ _ _ __
Effective Date: October 1. 2010