39-971. Quality enhancement wage pass-through program; eligible employees; quarterly wage audits; limitations on use of pass-through moneys; "nursing facilities" defined. (a) Notwithstanding any provision of law to the contrary, and within the limits of appropriations therefor, the secretary of health and environment and the secretary for aging and disability services shall establish a quality enhancement wage pass-through program as part of the state medicaid plan to allow nursing facilities electing to participate in such program a payment option of not to exceed $4 per resident day designed to increase salaries or benefits, or both, for those employees providing direct care and support services to residents of nursing facilities. The categories of employees eligible to receive the wage pass-through are the following: Nurse aides, medication aides, restorative-rehabilitation aides, licensed mental health technicians, plant operating and maintenance personnel, nonsupervisory dietary personnel, laundry personnel, housekeeping personnel and nonsupervisory activity staff. The program shall establish a pass-through wage payment system designed to reimburse facilities during the reimbursement period in which the pass-through wage payment costs are incurred.
(b) Nursing facilities shall have the option to elect to participate in the quality enhancement wage pass-through program. The wage pass-through moneys are to be paid to nursing facilities outside of cost center limits or occupancy penalties as a pass-through labor cost reimbursement. The pass-through cost shall be included in the cost report base.
(c) The quality enhancement wage pass-through program shall require quarterly wage audits for all nursing facilities participating in the program. The quarterly wage audits will require facilities to submit cost information within 45 days of the end of each quarter reporting on the use of the wage pass-through payment under the quality enhancement wage pass-through program. This quarterly wage audit process shall be used to assure that the wage pass-through payment was used to increase salaries and benefits to direct care and other support staff as specified in this subsection or to hire additional staff that fall into the eligible personnel categories specified in this subsection.
(d) No wage pass-through moneys shall be expended to increase management compensation or facility profits. A nursing facility participating in the quality enhancement wage pass-through program which fails to file quarterly enhancement audit reports shall be terminated from the program and shall repay all amounts which the nursing facility has received under the quality enhancement wage pass-through program for that reporting period.
(e) All expenditures for the quality enhancement wage pass-through program shall be made only from moneys specifically appropriated therefor.
(f) As used in this section, "nursing facility" means a nursing facility as defined under K.S.A. 39-923, and amendments thereto, or an intermediate care facility for people with intellectual disability as defined under K.S.A. 39-923, and amendments thereto.
History: L. 1999, ch. 101, § 1; L. 2012, ch. 91, § 20; L. 2014, ch. 115, § 152; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-926 License required to operate home; compliance with regulations.
39-929 Provisional license, approval; terms; extension.
39-930 License fee; disposition.
39-931a Same; grounds; person defined.
39-932 Adoption and enforcement of rules, regulations and standards.
39-932a Adult care homes in less than an entire building.
39-933 Inspections and investigations; regulations for changes in facilities.
39-934 Certain information confidential.
39-937 Compliance with other laws and regulations.
39-938 Compliance with requirements and rules and regulations; exceptions.
39-941 Adult care homes; license and regulation; certain organizations exempt.
39-942 License in effect on effective date of act continued in effect; exceptions.
39-944 Injunctions and other process.
39-945 Correction orders; issuance; contents.
39-947 Appeals to secretary; hearing; disposition of civil penalties.
39-947a Informal dispute resolution; written request; procedure.
39-948 Appeals to district court; disposition of civil penalties.
39-951 Authority granted under act additional and not limiting.
39-952 Correction order not issued, when.
39-953b Annual report of violations resulting in issuance of correction orders and civil penalties.
39-955 Filing application for receivership; contents.
39-956 Service of copies of application for receivership; posting in adult care home.
39-957 Answer to application for receivership.
39-959 Powers and duties of receiver.
39-960 Expenditures from moneys appropriated for purposes of act; when authorized; repayment.
39-962 Supervision of district court; final accounting; removal.
39-964 Procedures for and review and enforcement of administrative actions.
39-965 Penalties for violations posing serious physical harm to resident.
39-967 Skilled nursing home or intermediate nursing care home means nursing facility.
39-969 Criminal history record information.
39-973 Operator registration act.
39-975 Same; registration of operators; rules and regulations.
39-976 Same; operator registration on adult care home administrator license required.
39-977 Same; waiver of registration requirements, when.
39-978 Same; registration renewal.
39-979 Same; fees; health occupations credentialing fee fund.