| period from the day after the date recognized by HHSC or its designee
as the ownership-change effective date to the end of the rate year.
(B) Participating facilities whose contracts are terminated
either voluntarily or involuntarily must submit a Staffing and Compensation
Report covering the period from the beginning of the rate year to
the date recognized by HHSC or its designee as the contract termination
date. This report will be used as the basis for determining any recoupment
amounts as described in subsections (n) and (o) of this section.
(C) Participating facilities who voluntarily withdraw
from participation as per subsection (r) of this section must submit
a Staffing and Compensation Report within 60 days of the date of withdrawal
as determined by HHSC, covering the period from the beginning of the
rate year to the date of withdrawal as determined by HHSC. This report
will be used as the basis for determining any recoupment amounts as
described in subsections (n) and (o) of this section.
(D) Participating facilities whose cost report year
coincides with the state of Texas fiscal year as per §355.105(b)(5)
of this title (relating to General Reporting and Documentation Requirements,
Methods, and Procedures) are exempt from the requirement to submit
a separate Annual Staffing and Compensation Report. For these facilities,
their cost report will be considered their Annual Staffing and Compensation
Report.
(2) For services delivered on September 1, 2009, and
thereafter, cost reports as described in §355.105(b) of this
title will replace the Staffing and Compensation Report with the following
exceptions:
(A) For services delivered from September 1, 2009,
to August 31, 2010, participating facilities may be required to submit
Transition Staffing and Compensation Reports in addition to required
cost reports. The Transition Staffing and Compensation Report reporting
period will include those days in calendar years 2009 and 2010 not
included in either the 2009 Staffing and Compensation report or the
facility's 2010 cost report.
(B) When a participating facility changes ownership,
the prior owner must submit a Staffing and Compensation Report covering
the period from the beginning of the facility's cost reporting period
to the date recognized by HHSC or its designee as the ownership-change
effective date. This report will be used as the basis for determining
any recoupment amounts as described in subsections (n) and (o) of
this section. The new owner will be required to submit a cost report
covering the period from the day after the date recognized by HHSC
or its designee as the ownership-change effective date to the end
of the facility's fiscal year.
(C) Participating facilities whose contracts are terminated
either voluntarily or involuntarily must submit a Staffing and Compensation
Report covering the period from the beginning of the facility's cost
reporting period to the date recognized by HHSC or its designee as
the contract termination date. This report will be used as the basis
for determining any recoupment amounts as described in subsections
(n) and (o) of this section.
(D) Participating facilities who voluntarily withdraw
from participation as per subsection (r) of this section must submit
a Staffing and Compensation Report within 60 days of the date of withdrawal
as determined by HHSC, covering the period from the beginning of the
facility's cost reporting period to the date of withdrawal as determined
by HHSC. This report will be used as the basis for determining any
recoupment amounts as described in subsections (n) and (o) of this
section. These facilities must still submit a cost report covering
the entire cost reporting period. The cost report will not be used
for determining any recoupment amounts.
(E) For new facilities as defined in subsection (e)
of this section, the cost reporting period will begin with the effective
date of participation in enhancement.
(F) Existing facilities which become participants in
the enhancement as a result of the open enrollment process described
in subsection (c) of this section on any day other than the first
day of their fiscal year are required to submit a Staffing and Compensation
Report with a reporting period that begins on their first day of participation
in the enhancement and ends on the last day of the facility's fiscal
year. This report will be used as the basis for determining any recoupment
amounts as described in subsections (n) and (o) of this section. These
facilities must still submit a cost report covering the entire cost
reporting period. The cost report will not be used for determining
any recoupment amounts.
(G) A participating provider that is required to submit
a cost report or Attendant Compensation Report under this paragraph
will be excused from the requirement to submit a report if the provider
did not provide any billable services to DADS recipients during the
reporting period.
(3) Other reports. HHSC may require other Staffing
and Compensation Reports from all facilities as needed.
(4) Vendor hold. HHSC or its designee will place on
hold the vendor payments for any participating facility that does
not submit a timely report as described in paragraph (1) of this subsection,
or for services delivered on or after September 1, 2009, a timely
report as described in paragraph (2) of this subsection completed
in accordance with all applicable rules and instructions. This vendor
hold will remain in effect until HHSC receives an acceptable report.
(A) Participating facilities that do not submit an
acceptable report completed in accordance with all applicable rules
and instructions within 60 days of the due dates described in this
subsection or, for cost reports, the due dates described in §355.105(b)
of this title, will become nonparticipants retroactive to the first
day of the reporting period in question and will be subject to an
immediate recoupment of funds related to participation paid to the
facility for services provided during the reporting period in question.
These facilities will remain nonparticipants and recouped funds will
not be restored until they submit an acceptable report and repay to
HHSC, or its designee, funds identified for recoupment from subsections
(n) and/or (o) of this section. If an acceptable report is not received
within 365 days of the due date, the recoupment will become permanent
and, if all funds associated with participation during the reporting
period in question have been recouped by HHSC or its designee, the
vendor hold associated with the report will be released.
(B) Participating facilities with an ownership change
or contract termination that do not submit an acceptable report completed
in accordance with all applicable rules and instructions within 60
days of the change in ownership or contract termination will become
nonparticipants retroactive to the first day of the reporting period
in question and will be subject to an immediate recoupment of funds
related to participation paid to the facility for services provided
during the reporting period in question. These facilities will remain
nonparticipants and recouped funds will not be restored until they
submit an acceptable report and repay to HHSC or its designee funds
identified for recoupment from subsections (n) and/or (o) of this
section. If an acceptable report is not received within 365 days of
the change of ownership or contract termination date, the recoupment
will become permanent and if all funds associated with participation
during the reporting period in question have been recouped by HHSC
or its designee, the vendor hold associated with the report will be
released.
(5) Provider-initiated amended accountability reports
and cost reports functioning as Staffing and Compensation Reports.
Reports must be received prior to the date the provider is notified
of compliance with spending and/or staffing requirements for the report
in question as per subsections (n) and/or (o) of this section.
(g) Report contents. Annual Staffing and Compensation
Reports and cost reports functioning as Staffing and Compensation
Reports will include any information required by HHSC to implement
this enhanced direct care staff rate.
(h) Completion of Reports. All Staffing and Compensation
Reports and cost reports functioning as Staffing and Compensation
Reports must be completed in accordance with the provisions of §§355.102
- 355.105 of this title (relating to General Principles of Allowable
and Unallowable Costs; Specifications for Allowable and Unallowable
Costs; Revenues; and General Reporting and Documentation Requirements,
Methods, and Procedures) and may be reviewed or audited in accordance
with §355.106 of this title (relating to Basic Objectives and
Criteria for Audit and Desk Review of Cost Reports). Beginning with
the state fiscal year 2002 report, all Staffing and Compensation Reports
and cost reports functioning as Staffing and Compensation Reports
must be completed by preparers who have attended the required nursing
facility cost report training as per §355.102(d) of this title.
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