Iowa Admin. Code r. 441-81.10 - [Effective 7/1/2025] Closing of facility
When a facility is planning on closing, the department and the department's contracted managed care organizations with which the facility is enrolled shall be notified at least 60 days in advance of the closing. Plans for the transfer of residents receiving medical assistance shall be approved by the resident's managed care organization or by the department for residents not enrolled with a managed care organization.
This rule is intended to implement Iowa Code sections 249A.2(6) and 249A.3(2) "a."
Notes
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(1) Method of payment. Except for Medicaid accountability measures payment established in paragraph 81.6(16)"g," facilities shall be reimbursed under a modified price-based vendor payment program. A per diem rate shall be established based on information submitted according to rule 441-81.6 (249A). Effective July 1, 2002, the per diem rate shall include an amount for Medicaid accountability measures.
(2) Authorization of payment. The department shall authorize payment for care in a facility . The authorization shall be obtained prior to admission of the resident, whenever possible. For a nursing facility to be eligible for Medicaid payment for a resident, the facility must, when applicable, exhaust all Medicare benefits.
(3) Rescinded IAB 8/9/89, effective 10/1/89.
(4) Periods authorized for payment.
a. Payment shall be made on a per diem basis for the portion of the month the resident is in the facility .
b. Payment will be authorized as long as the resident is certified as needing care in a nursing facility .
c. Payment will be approved for the day of admission but not the day of discharge or death.
d. Payment will be approved for periods the resident is absent overnight for purpose of visitation or vacation. The facility will be paid to hold the bed for a period not to exceed 18 days in any calendar year. Additional days shall be based upon a recommendation by the resident's physician in the plan of care that additional days would be rehabilitative.
e. Payment will be approved for a period not to exceed 10 days in any calendar month when the resident is absent due to hospitalization. Medicaid payment to the facility may not be initiated while a resident is on reserve bed days unless the person was residing in the facility as a private pay resident prior to the hospitalization and returns to the facility as a resident.
f. Payment for periods when residents are absent for a visit, vacation, or hospitalization shall be made at zero percent of the nursing facility 's rate, except for special population facilities and state-operated nursing facilities, which shall be paid for such periods at 42 percent of the facility 's rate.
g. Payment for residents determined by utilization review to require the residential level of care shall be made at the maximum state supplementary assistance rate. This rate is effective as of the date of final notice by utilization review that the lower level of care is required.
h. Ventilator patients.
(1) Definition. For purposes of this paragraph only, "ventilator patients" means Medicaid-eligible patients who, as determined by the quality improvement organization, require a ventilator at least six hours every day, are inappropriate for home care, and have medical needs that require skilled care.
(2) Reimbursement. In-state nursing facilities shall receive reimbursement for care of ventilator patients equal to the sum of the Medicare-certified hospital-based nursing facility rate plus the Medicare-certified hospital-based nursing facility non-direct care rate component as defined in subparagraph 81.6(16)"f"(3). Facilities may continue to receive this reimbursement at this rate for 30 days after a ventilator patient is weaned from a ventilator if, during the 30 days, the patient continues to reside in the facility and continues to meet skilled care criteria.
i. Payment for residents of a special population facility licensed by the department of inspections and appeals as an intermediate care facility for persons with mental illness will be made only when the resident is aged 65 or over. If a resident under the age of 65 is admitted with a payment source other than Medicaid, the facility shall notify the resident, or when applicable the resident's guardian or legal representative, that Iowa Medicaid may neither make payment to the facility nor make payment for any other services rendered by any provider while the person resides in the facility , until the resident attains the age of 65.
j. Nonpayment for provider-preventable conditions. Reimbursement will not be made for patient days attributable to preventable conditions identified pursuant to this rule that develop in a nursing facility . Any patient days attributable to a provider-preventable condition must be billed as noncovered days. A provider-preventable condition is one in which any of the following occur:
(1) The wrong surgical or other invasive procedure is performed on a resident; or
(2) A surgical or other invasive procedure is performed on the wrong body part; or
(3) A surgical or other invasive procedure is performed on the wrong resident.
(5) Supplementation. Only the amount of client participation may be billed to the resident for the cost of care, and the facility must accept the combination of client participation and payment made through the Iowa Medicaid program as payment in full for the care of a resident. No additional charges shall be made to residents or family members for any supplies or services required in the facility -developed plan of care for the resident.
Residents may choose to spend their personal funds on items of personal care such as professional beauty or barber services, but the
a. Supplies or services that the facility shall provide:
(1) Nursing services, social work services, activity programs, individual and group therapy, rehabilitation or habilitation programs provided by facility staff in order to carry out the plan of care for the resident.
(2) Services related to the nutrition, comfort, cleanliness and grooming of a resident as required under state licensure and Medicaid survey regulations.
(3) Medical equipment and supplies including wheelchairs except for customized wheelchairs for which separate payment may be made pursuant to 441-paragraph 78.10(2) "d," medical supplies except for those listed in 441-paragraph 78.10(4)"b," oxygen except under circumstances specified in 441-paragraph 78.10(2)"a," and other items required in the facility -developed plan of care.
(4) Nonprescription drugs ordered by the physician.
(5) Fees charged by medical professionals for services requested by the facility that do not meet criteria for direct Medicaid payment.
b. The facility shall arrange for nonemergency transportation for members to receive necessary medical services outside the facility .
(1) If a family member, friend, or volunteer is not available to provide the transportation at no charge, the facility shall arrange and pay for the medically necessary transportation within 30 miles of the facility (one way).
(2) For medically necessary transportation beyond 30 miles from the facility (one way), when no family member, friend, or volunteer is available to provide the transportation at no charge, the facility shall arrange for transportation through the broker designated by the department , with the cost to be paid by the broker pursuant to rule 441-78.13 (249A).
c. The Medicaid program will provide direct payment to relieve the facility of payment responsibility for certain medical equipment and services that meet the Medicare definition of medical necessity and are provided by providers enrolled in the Medicaid programs including:
(1) Physician services.
(2) Ambulance services.
(3) Hospital services.
(4) Hearing aids, braces and prosthetic devices.
(5) Customized wheelchairs for which separate payment may be made pursuant to 441-subparagraph 78.10(2)"a"(4).
d. Other supplies or services for which direct Medicaid payment may be available include:
(1) Drugs covered pursuant to 441-subrule 78.1(2).
(2) Dental services.
(3) Optician and optometrist services.
(4) Repair of medical equipment and appliances that belong to the resident.
(5) Transportation to receive medical services beyond 3 0 miles from the facility (one way), through the broker designated by the department pursuant to a contract between the department and the broker.
(6) Other medical services specified in 441-Chapter 78.
e. The following supplementation is permitted:
(1) The resident, the resident's family, or friends may pay to hold the resident's bed in cases where a resident who is not discharged from the facility is absent overnight. When the resident is discharged, the facility may handle the holding of the bed in the same manner as for a private paying resident.
(2) Payments made by the resident's family toward cost of care of the resident shall not be considered as supplementation so long as the payments are included in client participation and are not over and above the payment made by the state for care of the resident.
(3) If a physician does not order a nonprescription drug by brand name, the facility may offer a generic. If a resident or family member requests a brand name, the resident or family member may pay for the brand-name nonprescription drug.
(4) Supplementation for provision of a private room not otherwise covered under the medical assistance program, subject to the following conditions, requirements, and limitations:
1. Supplementation for provision of a private room is not permitted for any time period during which the private room is therapeutically required pursuant to 42 CFR ยง 483.10(c)(8)(ii).
2. Supplementation for provision of a private room is not permitted for a calendar month if no room other than the private room was available as of the first day of the month or as of the resident's subsequent initial occupation of the private room.
3. Supplementation for provision of a private room is not permitted for a calendar month if the facility 's occupancy rate was less than 50 percent as of the first day of the month or as of the resident's subsequent initial occupation of the private room.
4. Supplementation for provision of a private room is not permitted if the nursing facility only provides one type of room or all private rooms.
5. If a nursing facility provides for supplementation for provision of a private room, the facility may base the supplementation amount on the difference between the amount paid for a room covered under the medical assistance program and the private-pay rate for the private room identified for supplementation. However, the total payment for the private room from all sources for a calendar month shall not be greater than the aggregate average private room rate during that month for the type of rooms covered under the medical assistance program for which the resident would be eligible.
6. If a nursing facility provides for supplementation for provision of a private room, the facility shall inform all residents, prospective residents, and their legal representatives of the following:
* That if the resident desires a private room, the resident or resident's family may provide supplementation by directly paying the
* The nursing
* The private rooms for which supplementation is available, including a description and identification of such rooms; and
* The process for an individual to take legal responsibility for providing supplementation, including identification of the individual and the extent of the legal responsibility.
7. For a resident for whom the nursing facility receives supplementation, the nursing facility shall indicate in the resident's record all of the following:
* A description and identification of the private room for which the nursing
* The identity of the individual making the supplemental payments;
* The private-pay charge for the private room for which the nursing
* The total charge to the resident for the private room for which the nursing
8. Supplementation pursuant to this subparagraph shall not be required as a precondition of admission, expedited admission, or continued stay in a facility .
9. The nursing facility shall ensure that all appropriate care is provided to all residents notwithstanding the applicability or availability of supplementation.
10. A private room for which supplementation is required shall be retained for the resident consistent with bed-hold policies.
11. A nursing facility that utilizes the supplementation pursuant to this subparagraph during any calendar year shall report to the department annually by January 15 the following information for the preceding calendar year:
* The total number of nursing
* The average occupancy rate of the
* The total number of residents for whom supplementation was utilized.
* The average private pay charge for a private room in the nursing
* For each resident for whom supplementation was utilized, the total charge to the resident for the private room, the portion of the total charge reimbursed under the Medicaid program, and the total charge reimbursed through supplementation.
f. Any medical equipment, supplies, appliances, or devices, personal care items, drugs, or other items of personal property that are paid for directly by the Medicaid program or are paid for by the resident or the resident's family, on a nonrental basis, are the personal property of the resident.
g. The facility shall not charge a resident for days that are not covered under Medicaid due to a provider-preventable condition pursuant to paragraph 81.10(4)"j" and shall not discharge a resident due to nonpayment for such days.
(6) Payment for out-of-state care. Rescinded IAB 9/5/90, effective 11/1/90.
(7) Comparative charges between private pay and Medicaid residents. Rescinded IAB 2/6/02, effective 4/1/02.
This rule is intended to implement Iowa Code section 249A.4.