Complete Story
04/07/2022
You asked... We Answered
You Asked:
I received our relief payment through MITS last week, and remember that there were restrictions requiring nursing facilities to spend the funds on direct care. Can you remind me what the rules were around how nursing homes could spend the relief funds through Medicaid?
We Answered:
In the emergency rule, Medicaid allows nursing facilities to spend funds on any positions that are not otherwise prohibited in section 220.60 (B) of HB 169. The following is an excerpt from HB 169, with the emphasis added to the sections addressing how payments can be used, as well as the positions that were prohibited from receiving relief funds.
SECTION 220.60. NURSING FACILITY WORKFORCE INCENTIVE PAYMENTS Notwithstanding section 5164.48 of the Revised Code, the Medicaid Director may make payments to nursing facilities, as defined in section 5165.01 of the Revised Code, that are in good standing, in the manner and for the purposes described in this section. Nursing facilities shall use the payments received pursuant to this section exclusively for direct care staff compensation, which may include staff retention bonus payments, overtime pay and shift differential payments, staff recruitment costs, and new hire incentive payments. (A) All funds distributed under this section shall be in addition to the nursing facility Medicaid day payment rate set forth in Chapter 5165. of the Revised Code or any Medicaid payment rates determined under Chapter 5164. of the Revised Code. (B) No funds under this section shall be paid to any of the following: (1) Contract workers; (2) Staff supplied through or by staffing agencies; (3) Facility administrators; (4) Facility executive staff; (5) Facility owners. (C) The Medicaid Director may recover any funds that are used for any purpose other than as specified in this section. (D) Any nursing facility that receives funds under this section that sells any of its business or bed licenses on or before June 30, 2023, shall reimburse the state, from the proceeds of the sale, the funds distributed under this section. (E) The Medicaid Director may adopt rules under section 5160.02 of the Revised Code as necessary to define terms and adopt procedures and other provisions necessary to implement this section.