Sec. 17b-321. Determination of resident day user fee by Commissioner of Social Services. Redetermination of resident day user fee upon approval of waiver of
federal requirements. Refunds or credits to nursing homes exempted from resident
day user fee. (a) On or before July 1, 2005, and on or before July first annually or
biennially thereafter, the Commissioner of Social Services shall determine the amount
of the user fee and promptly notify the commissioner and nursing homes of such amount.
The user fee shall be (1) the sum of each nursing home's anticipated nursing home net
revenue, including, but not limited to, its estimated net revenue from any increases in
Medicaid payments, during the twelve-month period ending on June thirtieth of the
succeeding calendar year, (2) which sum shall be multiplied by a percentage as determined by the Secretary of the Office of Policy and Management, in consultation with
the Commissioner of Social Services, provided before January 1, 2008, such percentage
shall not exceed six per cent, on and after January 1, 2008, and prior to October 1, 2011,
such percentage shall not exceed five and one-half per cent, and on and after October
1, 2011, such percentage shall not exceed the maximum allowed under federal law, and
(3) which product shall be divided by the sum of each nursing home's anticipated resident
days during the twelve-month period ending on June thirtieth of the succeeding calendar
year. The Commissioner of Social Services, in anticipating nursing home net revenue
and resident days, shall use the most recently available nursing home net revenue and
resident day information. Notwithstanding the provisions of this section, the Commissioner of Social Services may adjust the user fee as necessary to prevent the state from
exceeding the maximum allowed under federal law.
(b) Upon approval of the waiver of federal requirements for uniform and broad-based user fees in accordance with 42 CFR 433.68 pursuant to section 17b-323, the
Commissioner of Social Services shall redetermine the amount of the user fee and
promptly notify the commissioner and nursing homes of such amount. The user fee shall
be (1) the sum of each nursing home's anticipated nursing home net revenue, including,
but not limited to, its estimated net revenue from any increases in Medicaid payments,
during the twelve-month period ending on June thirtieth of the succeeding calendar year
but not including any such anticipated net revenue of any nursing home exempted from
such user fee due to waiver of federal requirements pursuant to section 17b-323, (2)
which sum shall be multiplied by a percentage as determined by the Secretary of the
Office of Policy and Management, in consultation with the Commissioner of Social
Services, provided before January 1, 2008, such percentage shall not exceed six per
cent, on and after January 1, 2008, and prior to October 1, 2011, such percentage shall
not exceed five and one-half per cent, and on and after October 1, 2011, such percentage
shall not exceed the maximum allowed under federal law, and (3) which product shall
be divided by the sum of each nursing home's anticipated resident days, but not including
the anticipated resident days of any nursing home exempted from such user fee due
to waiver of federal requirements pursuant to section 17b-323. Notwithstanding the
provisions of this subsection, the amount of the user fee for each nursing home licensed
for more than two hundred thirty beds or owned by a municipality shall be equal to the
amount necessary to comply with federal provider tax uniformity waiver requirements
as determined by the Commissioner of Social Services. The Commissioner of Social
Services may increase retroactively the user fee for nursing homes not licensed for more
than two hundred thirty beds and not owned by a municipality to the effective date of
waiver of said federal requirements to offset user fee reductions necessary to meet the
federal waiver requirements. On or before July 1, 2005, and biennially thereafter, the
Commissioner of Social Services shall determine the amount of the user fee in accordance with this subsection. The Commissioner of Social Services, in anticipating nursing
home net revenue and resident days, shall use the most recently available nursing home
net revenue and resident day information.
(c) (1) Following a redetermination of the resident day user fee by the Commissioner of Social Services pursuant to subsection (b) of this section, the Commissioner
of Social Services shall notify the commissioner of the identity of (A) any nursing
home subsequently exempted from the resident day user fee due to the waiver of federal
requirements pursuant to section 17b-323 and the effective date of such waiver, (B) any
nursing home licensed for more than two hundred thirty beds or owned by a municipality
and the effective date of any change in its user fee, and (C) any nursing home for which
the user fee is retroactively increased pursuant to subsection (b) of this section and the
effective date of such increase. The Commissioner of Social Services shall provide
notice of any such retroactive user fee increase to each nursing home so affected.
(2) Upon being notified by the Commissioner of Social Services, the commissioner
shall refund or credit to any nursing home subsequently exempted from the resident day
user fee due to the waiver of federal requirements pursuant to section 17b-323 any
resident day user fee collected from such home. No interest shall be payable on the
amount of such refund or credit. Any such nursing home shall refund any fees paid by
or on behalf of any resident to the party making such payment.
(3) Upon being notified by the Commissioner of Social Services, the commissioner
shall refund or credit to any nursing home licensed for more than two hundred thirty
beds or owned by a municipality any resident day user fee collected from such home
in excess of the resident day user fee that would have been payable had the user fee, as
redetermined by the Commissioner of Social Services, been used in calculating the
nursing home's resident day user fee. No interest shall be payable on the amount of such
refund or credit.
(4) Upon being notified by the Commissioner of Social Services, the commissioner
shall notify any nursing home for which the user fee is retroactively increased pursuant
to subsection (b) of this section of the additional amount of resident day user fee due
and owing from such nursing home. Such a notice of additional amount due and owing
to the commissioner shall not be treated as a notice of deficiency assessment by the
commissioner nor shall the nursing home have, based on such notice of additional
amount due, any right of protest or appeal to the commissioner as in the case of such a
deficiency assessment. No interest shall be payable on such additional amount to the
extent such additional amount is paid on or before the last day of the month next succeeding the month during which the Commissioner of Social Services provided notice
of such retroactive user fee increase to such nursing home.
(P.A. 05-251, S. 79; 05-280, S. 48; P.A. 06-188, S. 6, 7; 06-196, S. 139; June Sp. Sess. P.A. 07-2, S. 1; P.A. 11-6, S.
150; 11-44, S. 161.)
History: P.A. 05-251 effective July 1, 2005; P.A. 05-280 made technical changes, effective July 1, 2005; P.A. 06-188
amended Subsecs. (a) and (b) by requiring Commissioner of Social Services to determine the user fee "biennially" rather
than annually and to report to the General Assembly on the detrimental effects, if any, of such biennial determination,
effective July 1, 2006; P.A. 06-196 made technical changes in Subsecs. (a) and (b), effective June 7, 2006; June Sp. Sess.
P.A. 07-2 amended Subsecs. (a)(2) and (b)(2) to provide that sum shall be multiplied by percentage determined by Secretary
of the Office of Policy and Management, in consultation with Commissioner of Social Services, provided before January
1, 2008, percentage shall not exceed 6% and shall not exceed 5.5% after that date, effective July 1, 2007; P.A. 11-6 amended
Subsecs. (a) and (b) to change maximum percentage on and after October 1, 2011, from not in excess of 5.5% to not in
excess of the maximum allowed under federal law in Subdiv. (2), and to remove provisions re report required on or before
July 1, 2007, effective July 1, 2001; P.A. 11-44 amended Subsec. (a) by allowing commissioner to determine user fee
annually or biennially and adding provision allowing commissioner to adjust user fee to prevent fee from exceeding the
maximum allowed under federal law, effective July 1, 2011.
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