(a) A facility provides, under the terms of the contract,
for the total medical, nursing, and psychosocial needs of each recipient.
(b) The daily rate is compatible with reasonable charges
consistent with efficiency, economy, and quality of total care. The
facility must ensure that care meets the health needs and promotes
the maximum well-being of recipients. The following items and services
are included in the payment rate made to the facility by the Department
of Aging and Disability Services (DADS) and, therefore, the facility
must provide:
(1) nursing care;
(2) social services;
(3) regular, special, and supplemental diets, including
tube feedings;
(4) nonlegend drugs, with the exception of insulin,
and alcoholic beverages unless prescribed for medicinal purposes.
Alcoholic beverages:
(A) prescribed for medicinal purposes must include
the dosage and frequency of the alcohol; and
(B) not prescribed for medicinal purposes are at the
expense of the recipient or family;
(5) for a recipient who is not eligible for Medicare
Part D benefits, legend drugs that are not covered by the Medicaid
Vendor Drug Program;
(6) for a recipient who is eligible for Medicare Part
D benefits, legend drugs in a category that is not covered by Medicare
Part D and that are not covered by the Medicaid Vendor Drug Program;
(7) regular laundry services, except dry cleaning;
(8) medical accessories, such as canulas, tubes, masks,
catheters, ostomy bags and supplies, IV fluids, IV equipment, and
equipment that can be used by more than one person, such as wheelchairs,
adjustable chairs, crutches, canes, mattresses, hospital-type beds,
enteral pumps, trapeze bars, walkers, and oxygen equipment, such as
tanks, concentrators, tubing, masks, valves, and regulators.
(A) Facilities are required to maintain, in good repair,
equipment necessary to meet the needs of the recipient.
(B) If a recipient desires equipment for exclusive
use, its purchase is the responsibility of the recipient:
(i) Only the recipient can use the equipment, and it
must be identified as the personal property of the recipient.
(ii) Upon discharge from the facility, the recipient
retains the equipment he purchased. If the recipient dies, the purchased
equipment must be transferred to the estate. If it is donated or sold
to the facility by the recipient or the estate, the transaction must
be documented. (See §19.416 of this title (relating to Personal
Property)).
(C) If a recipient owns a piece of equipment that is
medically necessary, the facility must maintain and repair the equipment.
(D) When Part B Medicare benefits are accessed to pay
for equipment and accessories, the recipient or family may not be
charged by the facility or supply company for any portion of these
items;
(9) medical supplies, including, but not limited to
tongue depressors, swabs, bandaids, cotton balls, and alcohol; and
(10) basic personal hygiene items and services to meet
the needs of the residents (See §19.405(h) of this title (relating
to Additional Requirements for Trust Funds in Medicaid-Certified Facilities)
for a list of such items and services). The specific type or brand
of personal hygiene items used by the facility must be disclosed to
the recipient; then, if a recipient prefers to use a specific type
or brand of a personal hygiene item(s) rather than the item(s) furnished
by the facility, he may use his personal funds to purchase the item(s).
(A) Before purchasing or charging for the preferred
item(s), the facility must secure written authorization from the recipient
or family indicating his desired preference, the date, and signature
of the person requesting the preferred item(s). The signature may
not be that of an employee of the facility.
(B) If the recipient's personal funds are used to purchase
an item(s), the item(s) is for his sole use.
(C) When the facility purchases personal hygiene item(s)
with the recipient's personal funds, the facility must ensure that
the item(s) is in an individual container or package that is labeled
with the recipient's name. The facility is not held responsible for
labeling personal hygiene items brought into the facility and not
reported to the management.
(c) Facilities are not required to provide any particular
brand of non-legend drug, medical accessory, equipment, or supply,
but only those items necessary to ensure appropriate recipient care.
(1) Unless the physician orders a specific type or
brand, the facility may choose the type or brand.
(2) If the recipient or family prefers a specific type
or brand of item rather than the one furnished by the facility, the
recipient, responsible party, or family may be billed for the item,
or the recipient's personal funds may be used to purchase the item,
or both.
(3) Before purchasing or charging for the preferred
item, the facility must secure written authorization from the recipient
or family indicating his desired preference, the date, and signature
of the person requesting the preferred item. The signature may not
be that of an employee of the facility.
(d) If a resident has requested and freely chosen to
participate in an activity, or to have an item or service provided
that is not included, or is different than that provided, in the daily
vendor rate, then the resident may be charged for the activity, item,
or service.
(1) When documentation is present that supports the
above criteria, and that is required by §19.405(d)(5) of this
title, the amount may be paid from the resident's trust fund.
(2) When the facility acts as a collection agent for
any item, service, or activity not included in the daily rate, the
facility must be able to provide documentation that clearly indicates
that any charges made to the recipient or his trust fund are pass-through
costs only. The facility may not charge any fees, including handling
fees, for these types of transactions.
(e) Except as described in paragraphs (1) and (2) of
this subsection, DADS makes vendor payments to Nursing Facilities
for the day a recipient enters a nursing facility, but not for the
day a recipient leaves a facility. The two exceptions are as follows.
(1) If entrance and departure are on the same day,
and the recipient does not enter another Title XIX facility on that
day, DADS pays for the entire day.
(2) If departure is because of the recipient's death
and the deceased recipient is not sent to another Title XIX facility
for legal procedures necessary upon the death of the recipient, DADS
pays for the entire day.
(f) Vendor payments are made to Medicaid Nursing Facilities
that comply with the PASARR requirements.
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