Long-Term Care Providers Online Connection | Action
Equitable Cost-Sharing for Publicly-Owned Nursing Facilities Raising Questions
By Todd Bergstrom

Recently, members have inquired about the Equitable Cost-Sharing for Publicly-Owned Nursing Facilities (ECPN) program established by the 2010 legislature.  As reported in previous editions of Action, as well as in our Legislative Update Book, the ECPN Program was established as a mechanism to allow any nursing facility whose physical plant is owned by or whose license is held by a city, county or hospital district to participate in this program, and choose to contribute funds to the operation of that facility, to receive federal match for those contributions.  The 2007 rebasing statute will be used to determine the maximum rate increase available to a qualified nursing facility.

According to the Minnesota Department of Human Services (DHS), there are 45 facilities that meet the qualifications, and of that it is possible that 30 or so will apply.  To date, CMS has not given their approval, but DHS believes once the paperwork and estimates are provided, CMS will likely approve.

The “Nursing Facility Policy Changes in 2010 Legislation” bulletin (#10-62-02) provides a detailed overview of the ECPN program.  The bulletin may be downloaded from the DHS website at http://www.dhs.state.mn.us/dhs16_151044.pdf.  It is very important to note that the city/county government entity will sign an affidavit that makes it clear that the government entity and the nursing facility are utilizing the IGT on the straight and narrow.  While application to participate in this program is voluntary, participation, once established, may not be stopped by the owner.

DHS has sent letters regarding the program to qualified nursing facilities and has made data available to the qualifying facilities.  Importantly, a small percentage would not see a benefit due to the rebasing calculations.  This program, while similar to the Inter-Governmental Transfer (IGT) program that was repealed in 2009, differs in significant ways.  The key difference is that all of the benefits of the program go to the nursing facility rather than to the state’s general fund.

Because the ECPN program is similar to an intergovernmental transfer (IGT), the only way CMS would approve such a program is if it was limited to governmentally-owned buildings.  Hence the program will never be extended to proprietary or non-proprietary nursing facilities.

Please contact Todd Bergstrom at the Association office if you have any questions.

Todd Bergstrom
952.851.2486
tbergstrom@careproviders.org

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