Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.40 - SENIOR AND LONG TERM CARE SERVICES › Subchapter 37.40.3 - Reimbursement for Skilled Nursing and Intermediate Care Services › Rule 37.40.361 - DIRECT CARE AND ANCILLARY SERVICES WORKERS' WAGE REPORTING/ADDITIONAL PAYMENTS INCLUDING LUMP SUM PAYMENTS FOR DIRECT CARE AND ANCILLARY SERVICES WORKERS' WAGE AND BENEFIT INCREASES

Current through Register Vol. 13, July 5, 2024
(1)
				Effective for each state fiscal year and for the six months thereafter, nursing
				facilities must report to the department actual hourly wage and benefit rates
				paid for all direct care and ancillary services workers or the lump sum payment
				amounts for all direct care and ancillary services workers that will receive
				the benefit of the funds. The reported data will be used by the department for
				the purpose of comparing types and rates of payment for comparable services and
				tracking distribution of direct care wage funds to designated
				workers.
(2) The department will
				pay Medicaid certified nursing facilities located in Montana that submit an
				approved request to the department a lump sum payment in addition to the amount
				paid as provided in ARM
				37.40.307
				and
				37.40.311
				to their computed Medicaid payment rate to be used only for wage and benefit
				increases or lump sum payments for direct care or ancillary services workers in
				nursing facilities.
(a) The department will
				determine the lump sum payments, twice a year commencing July 1 of the state
				fiscal year, and again in six months from that date as a pro rata share of
				appropriated funds allocated for increases in direct care and ancillary
				services workers' wages and benefits or lump sum payments to direct care and
				ancillary services workers.
(b) To
				receive the direct care and/or ancillary services workers' lump sum payment, a
				nursing facility must submit for approval a request form to the department
				stating how the direct care and ancillary services workers' lump sum payment
				will be spent in the facility to comply with all statutory requirements. The
				facility must submit all of the information required on a form to be developed
				by the department in order to continue to receive subsequent lump sum payment
				amounts for the entire rate year. The form for wage and benefit increases will
				request information including, but not limited to:
(i) the number by category of each direct
				care and ancillary services workers that will receive the benefit of the funds,
				if these funds will be distributed in the form of a wage increase;
(ii) the actual per hour rate of pay before
				benefits and before the direct care wage increase has been implemented for each
				worker that will receive the benefit of the funds;
(iii) the projected per hour rate of pay with
				benefits after the direct wage increase has been implemented;
(iv) the number of staff receiving a wage or
				benefit increase by category of worker, effective date of implementation of the
				increase in wage and benefit; and
(v) the number of projected hours to be
				worked in the budget period.
(c) If these funds will be used for the
				purpose of providing lump sum payments (i.e., bonus, stipend, or other payment
				types) to direct care and ancillary services workers in nursing care facilities
				the form will request information including, but not limited to:
(i) the number by category of each direct
				care and ancillary services worker that will receive the benefit of the
				funds;
(ii) the type and actual
				amount of lump sum payment to be provided for each worker that will receive the
				benefit of the lump sum funding;
(iii) the breakdown of the lump sum payment
				by the amount that represents benefits and the direct payment to workers by
				category of worker; and
(iv) the
				effective date of implementation of the lump sum benefit.
(d) A facility that does not submit a
				qualifying request for use of the funds distributed under (2), that includes
				all of the information requested by the department, within the time established
				by the department, or a facility that does not wish to participate in this
				additional funding amount will not be entitled to their share of the funds
				available for wage and benefit increases or lump sum payments for direct care
				and ancillary services workers.