user fee payment liability will vary by facility group. The two groups of
facilities for purposes of
are defined in
CMR 512.03(1)(a) and (b)
Group I: All
facilities that do not meet the criteria for group II, and;
nursing facility meeting one or more of the following criteria:
1. a non-profit continuing care retirement
community or non-profit residential care facility;
2. a non-profit facility that provides at
least 39,000 annual Medicaid bed days, as determined by EOHHS; or
3. a facility with a Medicaid utilization
rate of 87% or higher, as determined by EOHHS.
New facilities that come into operation
subsequent to the effective date of EOHHS's approved waiver under
, or facilities
otherwise not included in the approved waiver application, will be considered
Group I facilities until EOHHS determines the facility's group eligibility.
Facilities that undergo a change in status that alters their group eligibility
subsequent to January 1, 2023, will remain in their original group until EOHHS
determines eligibility. If the determination of eligibility for a new facility
or a facility's change in status would result in noncompliance with EOHHS's
approved federal waiver, the facility will remain in its current group until
such time as EOHHS is able to amend its approved waiver.
Register Issue 1329, eff.
Register Issue 1487, eff.
Register Issue 1491, eff.