411-070-0300 Filing of Financial Statement (1) The provider must file annually with the Department, Financial Audit Unit, the Nursing Facility Financial Statement (NFFS) covering actual costs based on the facility's fiscal reporting period for the period ending June 30. A NFFS must be filed for other than a year only when necessitated by termination of a provider agreement with the Department, or by a change in ownership, or when directed by the Department. Financial reports containing up to 15 months of financial data are accepted for the reasons above or with the Department's permission prior to filing. (2) A NFFS is due on or before October 31 or within three months of a change of ownership or withdrawal from the program. (a) A NFFS must be postmarked on or before the due date to be considered timely. An extension may not be obtained. (b) A penalty is assessed and collected when a NFFS is not postmarked within the due date. The amount of the penalty is $5 per licensed nursing facility bed per day for each State of Oregon business day the NFFS is late. The total penalty may not exceed $50,000 per fiscal reporting period. For purposes of this section, the number of licensed nursing facility beds is the number of beds licensed on the last day of the fiscal reporting period that the facility failed to submit a NFFS. (c) The Department may assess interim penalties and deduct the amount of the interim penalties from the next Medicaid payment payable to the facility. Each interim penalty is the amount of the penalty that has accrued under subsection (2)(b) of this section to the date of assessment, and has not already been assessed as an interim penalty. (d) A facility may request an informal conference or contested case hearing pursuant to ORS 183.413 through 183.470 within 30 days of receiving a letter from the Department informing the facility of assessment of an interim penalty or a penalty under this rule. OAR 411-070-0435 applies to such requests and sets forth the procedures to be followed. If no request for an informal conference or contested case hearing is made within 30 days of receiving such a letter, the interim penalty or penalty becomes final in all respects, including liability for payment of and the amount of the interim penalty or penalty. (3) An improperly completed or incomplete NFFS is returned to the facility for proper completion. (4) FORMS. (a) Form SPD 35 is a uniform cost report to be used by all nursing facility providers, except those that are hospital based. (b) Form SPD 35A is a uniform cost report to be used by all nursing facility providers that are hospital based. (c) Forms SPD 35 and SPD 35A must be completed in accordance with the Medicaid Nursing Facility Services Provider Guide and Audit Manual. (5) If a provider knowingly or with reason to know files a NFFS containing false information, such action constitutes cause for termination of its agreement with the Department. Providers filing false reports may be referred for prosecution under applicable statutes. (6) Each required NFFS must be signed by a company or corporate officer or a person designated by the corporate officers to sign. If a NFFS is prepared by someone other than an employee of the provider, the individual preparing the NFFS must also sign and indicate his or her status with the provider. (7) Facilities with fewer than 1000 Medicaid resident days during a twelve-month reporting period or fewer than 2.74 Medicaid resident days per calendar day, for facilities with reporting periods of less than a year, are not required to submit a SPD 35 or SPD 35A but must submit a letter to the Department indicating the nursing facility is not submitting a NFFS. This letter is due the same day a NFFS would have been due. (8) A NFFS must be filed annually by each facility for the fiscal reporting period that ends June 30. The NFFS filed for the period that ends June 30 is required to cover actual costs during the previous state fiscal year from July 1 through June 30. [ED. NOTE: Forms referenced are available from the agency.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 414.070 Statutes/Other Implemented: ORS 410.070 & 2013 OL Ch. 608 History: APD 2-2014, f. 3-13-14, cert. ef. 4-1-14 SPD 37-2013(Temp), f. 10-4-13, cert. ef. 10-7-13 thru 4-5-14 SPD 15-2009, f. 11-30-09, cert. ef. 12-1-09 SPD 9-2006, f. 1-26-06, cert. ef. 2-1-06 SSD 1-1997, f. 6-30-97, cert. ef. 7-1-97 SSD 8-1994, f. & cert. ef. 12-1-94 SSD 6-1993, f. 6-30-93, cert. ef. 7-1-93 SSD 18-1991, f. 9-27-91, cert. ef. 10-1-91 SSD 14-1991(Temp), f. 6-28-91, cert. ef. 7-1-91 SSD 8-1991, f. & cert. ef. 4-1-91 SSD 8-1988, f. & cert. ef. 7-1-88 SSD 10-1986, f. & cert. ef. 7-1-86 SSD 6-1985, f. 5-31-85, cert. ef. 6-1-85 Renumbered from 461-017-0300 by Ch. 784, OL 1981 & AFS 69-1981, f. 9-30-81, cert. ef. 10-1-81 AFS 19-1978, f. & cert. ef. 5-1-78 PWC 866(Temp), f. 12-30-77, cert. ef. 1-1-78