Bill Text: PA SB342 | 2009-2010 | Regular Session | Introduced

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Bill Title: Allowing nursing facilities to obtain medical assistance certified beds under limited terms and conditions; and providing for functions of the Department of Public Welfare.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-20 - Referred to PUBLIC HEALTH AND WELFARE [SB342 Detail]

Download: Pennsylvania-2009-SB342-Introduced.html

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PRINTER'S NO. 340
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 342 Session of2009
INTRODUCED BY GREENLEAF, WASHINGTON, TARTAGLIONE, O'PAKE AND ERICKSON, FEBRUARY 20, 2009
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 20, 2009
AN ACT
Allowing nursing facilities to obtain medical assistance
certified beds under limited terms and conditions; and
providing for functions of the Department of Public Welfare.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Medical
Assistance Bed Transfer Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified bed." A facility bed which is certified by the
department to receive medical assistance reimbursements.
"Department." The Department of Public Welfare of the
Commonwealth.
"Facility." A nursing facility licensed by the Department of
Health.
"Medical assistance." The program under Subarticle (f) of
Article IV of the act of June 13, 1967 (P.L.31, No.21), known as
the Public Welfare Code.
"Program." The Medical Assistance Bed Transfer Program
established in section 4.
Section 3. Administration.
The department has the following powers and duties:
(1) To transfer certified beds from one facility to
another facility under section 4.
(2) To promulgate regulations governing the program.
Section 4. Medical Assistance Bed Transfer Program.
(a) Request.--A facility may request that the department
transfer a certified bed to it.
(b) Price determination.--If the department receives a
request under subsection (a), the department shall determine a
fair and reasonable price, not in excess of $10,000, for the
transfer of each certified bed.
(c) Advertisement and responses.--
(1) The department shall advertise to facilities in this
Commonwealth that the department is looking for unused or
unwanted certified beds for the requested transfer,
indicating the price that will be paid for surrendering those
certified beds to the department.
(2) The department shall catalog the responses to the
advertisement of the transfer request and shall make public
the number of certified beds which facilities are willing to
surrender to the department.
(d) Implementation.--
(1) The department shall offer to the requesting
facility a number of certified beds not to exceed the number
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requested by the facility under subsection (a) nor half of
the number of certified beds offered under subsection (c)(2).
If more certified beds are offered than needed, the
department shall decide which facilities will surrender
offered certified beds.
(2) The requesting facility shall pay the department for
the number of certified beds which are offered under
paragraph (1) at the price set under subsection (b).
(3) The department shall do all of the following:
(i) Pay the surrendering facility an amount equal to
the product of:
(A) the number of certified beds being
surrendered; and
(B) the price set in subsection (a).
(ii) Transfer to the requesting facility the number
of certified beds determined under paragraph (1).
Section 5. Facility reimbursement.
(a) Medical assistance utilization.--A facility which
receives a certified bed under the program may not be required
to place the certified bed in service for the exclusive use of
medical assistance-eligible residents.
(b) Medical assistance eligibility.--
(1) A facility which receives a certified bed under the
program shall be eligible under medical assistance as a
participating provider effective on the date the resident
utilizing the certified bed meets medical assistance
eligibility requirements.
(2) If a certified bed is not being utilized by an
eligible resident under paragraph (1), the facility shall
notify the department to ensure no reimbursements are issued
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for noneligible residents.
(3) Certified beds transferred under the program shall
be reimbursed in the same manner as they were prior to the
transfer.
Section 6. Effective date.
This act shall take effect in 60 days.
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