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Nursing Home/Long Term Care
1. ADHC - What are the Department’s criteria for selecting ADHC facilities for audit?
2. Are low beds & winged mattresses restraints?
3. Can an individual receive the necessary care at home or in the community?
4. Can an individual receive the necessary care at home or in the community?
5. Can I apply for somene who cannot complete the process on their own?
6. How do I apply for Medicaid?
7. How do I begin the application process?
8. How do I get Medicaid?
9. How does the Medically Needy Spend-Down Program work?
10. How is resource eligibility determined?
11. How is resource eligibility determined?
12. How long does an eligibility decision take?
13. How long does an eligibility decision take?
14. Hurricane Katrina - Can receiving nursing home obtain MDS data for evacuees?
15. Hurricane Katrina - MDS Assessments for Receiving Nursing Home Facilities
16. I would like to open an adult day care center. What do I do?
17. If a person qualifies, may they give some of his or her income to a spouse and/or children?
18. If my parent is not able to complete the application process on their own, can I act as their representative?
19. LTC - Where can I get a copy of the most recent Standards for Payment (SFP) for nursing homes, and adult day health care (ADHC) facilities? What is the last date of revision for each SFP?
20. May a person who qualifies give some of his or her income to a spouse and/or children?
21. MDS - What is the definition of a MDS Medicaid delinquent assessment in Louisiana?
22. NH - Can my fiscal year for Medicaid cost reporting purposes be different from my fiscal year for Medicare cost reporting purposes?
23. NH - How many copies of the Nursing Home Cost Report and supportive documentation need to be submitted to Rate & Audit Review to comply with the cost reporting requirements.
24. NH - I’m a provider that is not certified for Medicare. Do I still have to file the Medicare cost report for Medicaid purposes? If I have a home office, do I complete and file the Medicare Home office cost report form for Medicaid purposes only?
25. NH - My home office cost report has a different year-end than the nursing facility. Do I have to complete a home office cost report that corresponds to the facility’s year-end? If not, how do I allocate home office costs to the nursing facility?
26. NH - My year-end does not correspond with the state fiscal year. Do I have to file a cost report for the period ending June 30th or do I file a cost report that corresponds with my usual fiscal year-end?
27. NH - The nursing facility was certified for Medicare during the middle of the nursing facility’s fiscal year. Do I file the partial year Medicare cost report to DHH or do I have to complete the Medicare cost report for the entire Medicaid fiscal period?
28. NH - What are the Department’s criteria for selecting Nursing facilities for audit?
29. NH - What is the most recent salary limit for administrators and/or assistant administrators? Does this limit apply to employees at my home/central office?
30. NH - When preparing the nursing facility or home office cost reports, do I make Medicaid required adjustments to the Medicare cost report?
31. NH - Where can I get a copy of Medicare’s Provider Reimbursement Manual?
32. NH - Where can I get cost report instructions?
33. What are the income limits?
34. What are the income limits?
35. What happens when a long-term care recipient dies?
36. What happens when a long-term care recipient dies?
37. What if I think a decision you make is unfair, incorrect, or made too late?
38. What if I think a decision you make is unfair, incorrect, or made too late?
39. What if there are changes?
40. What if there are changes?
41. What is a waiver service?
42. What is countable income?
43. What is countable income?
44. What is the purpose of the Long Term / Personal Care Services Program?
45. Where can I find information on nursing home inspections?
46. Where can I get a copy of state regulations used to survey nursing homes?
47. Where can I get a copy of the federal regulations used to survey nursing homes?
48. Where can I get a copy of the MDS (Minimum Data Set) manual?
49. Where can I get an application form?
50. Who can get Long Term Care through Louisiana Medicaid?
51. Who qualifies for Louisiana Medicaid Long Term Care?
52. Whose income is counted?
53. Whose income is counted?
Nursing Home/Long Term Care
 ADHC - What are the Department’s criteria for selecting ADHC facilities for audit? Back to Top

ADHC’s:

 

a.       Any new facility that has been in operation for at least a year.

b.      The facilities that have been operating the longest without an audit.

 

 Are low beds & winged mattresses restraints? Back to Top

"CMS nursing home requirements are resident-centered and outcome-oriented. Your compliance is determined by the appropriateness with which you comprehensively assess, plan, implement, evaluate, and communicate resident care and services."

"We can give you CMS' definition of a restraint, but only you can tell  whether something is a restraint for a resident. That determination is based on your comprehensive assessment of each resident and your evaluation of each resident's outcome." - D.McElroy, CMS (4/22/04)

 Can an individual receive the necessary care at home or in the community? Back to Top

Individuals who need the type of medical care usually available in facilities but who can be treated successfully and cost-effectively in other settings may be allowed to receive the necessary care at home or in the community.  The Medicaid Program provides this coverage for a limited number of persons who are otherwise eligible for and would require facility placement.  Current Home and Community-Based (Waiver) Services include:

Requirements for these programs are the same as for nursing facility care with some additional requirements added.  Space for new participants is limited.  Interested persons should contact the Bureau of Community Supports and Services at 1-800-660-0488 for specific program information and requirements.

Individuals who are Medicaid eligible can now receive Personal Care Services in their homes even without being in one of the waiver service programs.

 Can an individual receive the necessary care at home or in the community? Back to Top
 Can I apply for somene who cannot complete the process on their own? Back to Top
 How do I apply for Medicaid? Back to Top
 How do I begin the application process? Back to Top
To begin the application process for long-term facility care OR for information about Home and Community-Based Services, call us toll free at 1-877-456-1146 (TDD 1-877-456-1172) Monday through Friday between 7AM and 7PM Central Time.
 How do I get Medicaid? Back to Top
To get Medicaid, you must answer all of the questions on the
application form and give needed proof so we can see if the person who needs long-term care is eligible.  When we get the application, we will see if the income and resource limits and other non-financial requirements are met.  We must also decide if long-term care is medically necessary and if the provider chosen can supply the care that is needed.  This decision is based on medical information given by his or her doctor(s).
 How does the Medically Needy Spend-Down Program work? Back to Top

Medically Needy provides Medicaid eligibility to qualified individuals and families who may have too much income to qualify for regular Medicaid programs.  Individuals and families who meet all Medicaid program requirements, except that their income is above those program limits, can spend-down or reduce their income to Medicaid eligibility levels using incurred medical expenses.

 How is resource eligibility determined? Back to Top

Countable resources cannot be worth more than $2,000 for an individual or $3,000 for a couple who needs long-term care.  Under Spousal Impoverishment rules, a couple can have up to $104,400 in countable resources, as long as there is a spouse at home who does not get long-term care.  Resources owned separately, by either spouse, and all resources owned jointly by the couple are used to determine countable couple assets.  Resources owned jointly by the couple, and those in excess of the $2,000 allowed for the long-term care spouse must be transferred to the at-home spouse before the first review of eligibility.  The Spousal Impoverishment resource limit increases each year BUT the limit that applies is the one that was in effect at the time of the most recent admission.

Resources include money plus certain items that are owned by the person who needs long-term care, the legal spouse, or those that are jointly owned.  Resources include cash, financial assets, stocks, savings bonds, land, life insurance, vehicles, and anything else which could be changed to cash.

Financial assets include checking, savings, and credit union accounts; stocks, bonds, certificates of deposit, money market accounts, promissory notes, and safety deposit boxes.  We look at account ownership to determine who has access to the money.  We use the balance as of the first moment of the first day of a month as the value of the asset and to determine asset eligibility for the entire month.  Income that is deposited on or for the first day of the month is not counted as part of the account value for that month.  Funds to cover outstanding checks that have not cleared the bank by close of business on the last day of a month are considered "available" and are used to determine resource eligibility.

Some things usually do not count toward the resource limit, no matter how much they are worth.  Examples of such things are a home and the land it is on, one car, life insurance policies with a combined face value of $1,500 or less, burial plots or spaces, and irrecoverable burial arrangements.

A burial fund is an asset set aside to pay for burial expenses.  In some cases, up to $1,500 of this money will not count as a resource.  Some or all of the money in a burial fund may count toward the resource limit if the person owns life insurance policies or has other burial arrangements.

We must look at any transfer of resources which occurred within the 36 months (60 months for trust situations) before or at any time after application.  Transfers for less than fair market value are presumed to have been done to qualify for Medicaid, unless the applicant provides convincing evidence that the transfer was done exclusively for another purpose.  If we determine that resources were transferred to qualify for Medicaid, the person who needs long-term care will not be eligible for facility payment for a specified period.  We use the uncompensated value of the transferred item to determine how long the person will be ineligible.

 How is resource eligibility determined? Back to Top
 How long does an eligibility decision take? Back to Top
In most cases, we will make an eligibility decision and notify you of our finds within 45 days.  If we must make a disability decision, it may take up to 90 days.  Coverage can start as early as three months before the month of application if all eligibility factors for Medicaid were met.
 How long does an eligibility decision take? Back to Top
 Hurricane Katrina - Can receiving nursing home obtain MDS data for evacuees? Back to Top

Q.     Many Hurricane victims in nursing homes were evacuated to other nursing homes without their medical history.  The national Minimum Data Set (MDS) is the only source of medical record information for many of these residents.

         What can nursing homes that have accepted residents do to obtain information available on the residents' MDS record to assure appropriate care of those residents?  In some cases, the States affected by the hurricane are unable to provide this information on an "as requested" basis.

 

A.     CMS has compiled a list of all nursing homes that were evacuated, and has compiled a file of critical clinical information from the MDS records of the residents in those nursing homes in an Excel spreadsheet.  Any nursing home that has received evacuees may request access to this file(s).

To receive this information, the receiving nursing home should contact the IFMC Help Desk at 1-888-477-7876.  When the request is received, IFMC will place the file in the receiving nursing home's shared MDS folder.  The report will stay in the receiving nursing home's file for about 30 days.  As the report will not be limited to specific residents in the facility, nursing homes that receive this information will be cautioned regarding the requirements of the Privacy Act.

 

 Hurricane Katrina - MDS Assessments for Receiving Nursing Home Facilities Back to Top

Q. Are receiving nursing homes required to complete an MDS Admission Assessment for residents received from evacuated nursing homes?

 

A. For "short-term stays under emergency conditions", Centers for Medicare & Medicaid Services (CMS) would not require that receiving facilities conduct initial MDS or OASIS assessments.  In most of these cases, the stay would be temporary, not usually exceeding 2-3 days.  Within 15 days, however, the majority of the facilities impacted by the storm would know whether or not their residents would be returning shortly.  As soon as the "receiving" LTC facility knew these residents would not be returning to the "sending" facility, arrangements need to be made to conduct the initial MDS assessment.  In no case, would a "short-term stay under emergency conditions" exist for more than 30 days.  By the 30th day the "receiving" facility would be required to have completed a new MDS assessment.

 I would like to open an adult day care center. What do I do? Back to Top

Licensing and regulations can be found at:

http://www.dhh.louisiana.gov/offices/publications.asp?ID=112

 If a person qualifies, may they give some of his or her income to a spouse and/or children? Back to Top
 If my parent is not able to complete the application process on their own, can I act as their representative? Back to Top
Yes, with the appropriate documentation that gives you permission to act on behalf of your parent.
 LTC - Where can I get a copy of the most recent Standards for Payment (SFP) for nursing homes, and adult day health care (ADHC) facilities? What is the last date of revision for each SFP? Back to Top

To order:

 

An order form for the Standards for Payment for Nursing Facilities and the Standards for Payment for ICFs/MR can be obtained from the Medicaid Health Standards Section by calling (225) 342-0138 or by linking to http://www.dhh.louisiana.gov/offices/publications.asp?ID=112&Detail=1501.  A request for a copy of the Standards for Payment for Adult Day Health Care may be requested from:  Department of Health and Hospitals, Bureau of Community Supports and Services,.446 North 12th Street, Baton Rouge, Louisiana 70802-4613, ATTN: Licensing Section.

 

To get online:

 

Nursing homes:  Not available online.

(Last date of revision for SFP:  January 20, 1996.)

 

ICF/MR:         

www.state.la.us/osr/reg/9904/9904rul.pdf

Pages 675-706

(Last date of revision for SFP:  April 20, 1999.)

 

Adult day health care facilities:   

http://www.state.la.us/osr/produ

Specify the Louisiana Register for September 1997, pages 1149-1166.  The cost is $.25/page.(Last date of revision for SFP: September 20, 1997.)

To find the revisions to Sections 10909 and 10939 of the ADHC SFP: http://www.state.la.us/osr/reg/0211/0211RUL.pd

Pages 2356-2362

(Last date of revision for these 2 sections of the SFP: November 20, 2002.)

 May a person who qualifies give some of his or her income to a spouse and/or children? Back to Top
Under Spousal Impoverishment rules, a person who qualifies for Medicaid for facility care may give some of his or her income to a legal spouse who lives at home and/or to any children under age 18.  There are limits for how much can be given to these dependents.  To decide how much can be contributed, we need income information about the spouse and/or children.
 MDS - What is the definition of a MDS Medicaid delinquent assessment in Louisiana? Back to Top

       According to the Louisiana MDS Rule, a Delinquent MDS resident assessment is defined as "an MDS assessment that is more than 121 days old, as measured by the R2b date field on the MDS".

 

       Remember that this definition is applied to the Case Mix system and does not replace the federal obligation to complete a standard (comprehensive or quarterly) assessment every 92 days.

 NH - Can my fiscal year for Medicaid cost reporting purposes be different from my fiscal year for Medicare cost reporting purposes? Back to Top
 

Yes your fiscal year for Medicaid cost reporting purposes may be different from your fiscal year for Medicare cost reporting purposes. However in doing this you will be completing two separate cost reports using the CMS Form 2540-96.

 NH - How many copies of the Nursing Home Cost Report and supportive documentation need to be submitted to Rate & Audit Review to comply with the cost reporting requirements. Back to Top

“The following should be submitted for each facility: Two (2) paper copies and three (3) electronic copies on either diskette or CD are required in each case for the Medicare cost report (CMS Form 2540-96) including the Compliance Questionnaire (CMS Form 339), the Louisiana Medicaid Supplemental Cost Report, and the Medicare home office cost report (CMS Form 287-92) if applicable.”  Rate and Audit Review also needs paper copies of all the attachments submitted with the cost report packet.

 NH - I’m a provider that is not certified for Medicare. Do I still have to file the Medicare cost report for Medicaid purposes? If I have a home office, do I complete and file the Medicare Home office cost report form for Medicaid purposes only? Back to Top

 

Yes you must file the Medicare cost report for Medicaid purposes.  Louisiana’s Medicaid program has adopted the Medicare skilled nursing cost report, CMS Form 2540-96 and the Medicare Home Office Cost Statement, CMS Form 287-92 for Medicaid cost reporting purposes. See LAC 50:VII.1303.  Nursing facilities participating in the Louisiana Medicaid program must complete the skilled nursing facility cost report adopted by the Medicare program (CMS Form 2540-96) in order to satisfy cost reporting requirements. For nursing facilities under the ownership of a hospital, the cost reporting document is the Health Care Financing Administration (HCFA) 2552.

 

 NH - My home office cost report has a different year-end than the nursing facility. Do I have to complete a home office cost report that corresponds to the facility’s year-end? If not, how do I allocate home office costs to the nursing facility?  Back to Top

 

The home office is not required to have the same year-end as the facility.  The home office should file its cost report based on the home office’s year-end.  When the home office accounting period differs from the cost reporting period of the related facilities, the allowable home office costs of the provider for the period covered by the home office cost statement should be included in the provider’s cost report.  An amount of allowable home office costs for the provider for the portion of its reporting year not covered by the home office statement will be tentatively projected at a rate not in excess of the previous year’s home office costs as set forth in the applicable home office cost statement.

 

Example:  The home office has an accounting year ending August 31, 2002.  For that year, home office costs of $120,000 were allocated to Provider A and $84,000 to Provider B.  Provider A’s reporting year ends on December 31; Provider B’s reporting year ends on March 31.

 

Of the $120,000 costs allocated to Provider A, $40,000 applies to its reporting year ended 12/31/01, covering the period from 9/1/01 to 12/31/01; and $80,000 applies to its reporting year ending 12/31/02, covering the period from 1/1/02 to 8/31/02.  Therefore, in its cost report for the year ending 12/31/02, Provider A may include home office costs of $40,000 projected for the period 9/1/02 to 12/31/02, which is not covered by the home office cost statement ($10,000 per month x 4 months).

 

Of the $84,000 allocated to Provider B, $49,000 applies to its reporting year ending 3/31/02, covering the period from 9/1/01 to 3/31/02; and $35,000 applies to its reporting year ending 3/31/03, covering the period from 4/1/02 to 8/31/02.  Therefore, in its cost report for the year ending 3/31/03, Provider B may include home office costs of $49,000 projected for the period 9/1/02 to 3/31/03, which is not covered by the home office cost statement ($7,000 per month x 7 months).

 

Then, the following year, when actual costs are determined, the projected amounts will be adjusted to agree with the actual amounts, and appropriate adjustments made.

 

Source:  Provider Reimbursement Manual Part I, Section 2150.3

 

 

 NH - My year-end does not correspond with the state fiscal year. Do I have to file a cost report for the period ending June 30th or do I file a cost report that corresponds with my usual fiscal year-end? Back to Top

Facilities are required to file the Medicare cost report based on their fiscal year end. The cost reporting period begin date shall be the later of the first day of the facility’s fiscal period or the facility’s Medicaid certification date. The cost reporting end date shall be the last day of the facility’s fiscal period.

 NH - The nursing facility was certified for Medicare during the middle of the nursing facility’s fiscal year. Do I file the partial year Medicare cost report to DHH or do I have to complete the Medicare cost report for the entire Medicaid fiscal period? Back to Top

 

The facility must file the Medicare cost report for the entire year to meet Louisiana’s Medicaid cost reporting requirements. The cost reporting period begin date shall be the later of the first day of the facility’s fiscal period or the facility’s Medicaid certification date. The cost reporting end date shall be the last day of the facility’s fiscal period.

 

 NH - What are the Department’s criteria for selecting Nursing facilities for audit? Back to Top

NURSING HOMES:

 

a.       The facility was a Skilled Nursing – Infectious Disease (SN-ID) and/or a Skilled Nursing – Technology Dependent Care (SN/TDC) provider the previous year.

b.      The facility did not submit a cost report for the previous year.

c.       The facility had a disclaimer on the previous year’s audit.

d.      The facility had problems with provider fees..

e.       The facility had not been audited in the previous two years.

 

 NH - What is the most recent salary limit for administrators and/or assistant administrators? Does this limit apply to employees at my home/central office? Back to Top

Please see the salary limit letters posted to this website at the following address: http://www.dhh.state.la.us/offices/reports.asp?ID=111&Detail=32 .Yes, salary limits apply to home office personnel also.

 NH - When preparing the nursing facility or home office cost reports, do I make Medicaid required adjustments to the Medicare cost report? Back to Top

 

No, you should complete the Medicare cost report as required by the Medicare Provider Reimbursement Manual. All Medicaid required adjustments should be made only on the LA Supplemental Cost Report schedules.

 

 NH - Where can I get a copy of Medicare’s Provider Reimbursement Manual? Back to Top

A subscription service manual is available for purchase on the Internet at http://bookstore.gpo.gov/regulatory/health.html. You can also call the U.S. Government Online Bookstore toll free at 1-866-512-1800. The stock number is 917-007-00000-4. This comprehensive sourcebook can keep you informed of the latest changes in Medicare policies and procedures and help you determine the reimbursement for Medicare services you provide. This manual is formerly known as HCFA Publication 15-1. The price is $327.00.  You can also download a copy of the manual at www.cms.gov/manuals/cmstoc.asp.  Also, CCH offers the Medicare and Medicaid Guide. The Guide is a comprehensive resource containing manuals, court decisions, cost report forms, detailed instructions, Medicaid information, and latest developments. This Guide can be located on the web at http://onlinestore.cch.com. You can telephone 1-800-449-9525 for more information

 NH - Where can I get cost report instructions? Back to Top

The cost report instructions for ICF/MR and Adult Day Health Care facilities are included in the DHH Residential Care Rate Setting Manual.  A copy of this manual can be obtained from Rate and Audit Review.  Also, instructions related to the cost report software are integrated into the Cost Report help files on the Medimax web site.

 

 What are the income limits? Back to Top
The income limits are $2,022 for an individual and $4,044 for a couple who need long-term care.  The limits increase every year in January.  Persons with income above these limits may qualify for facility care payments through the
Medically Needy Spend-Down Program.
 What are the income limits? Back to Top
 What happens when a long-term care recipient dies? Back to Top

When a long-term care recipient dies, Estate Recovery provisions require that we take steps to recover the cost of certain Medicaid payments from his or her estate.  These costs include the total amount of payments for facility services, hospital care, and prescription drugs the person received at age 55 or older.

 What happens when a long-term care recipient dies? Back to Top
 What if I think a decision you make is unfair, incorrect, or made too late? Back to Top
 What if I think a decision you make is unfair, incorrect, or made too late? Back to Top
You or the person who needs long-term care has the right to ask for a Fair Hearing.  You can do this by calling or writing to the
local Medicaid office.  You may also write directly to Louisiana Department of Health and Hospitals, Bureau of Appeals at P.O. Box 4183, Baton Rouge, LA 70821-4183.
 What if there are changes? Back to Top
 What if there are changes? Back to Top

Changes must be reported to us within 10 days if the person who gets Medicaid or his/her legal spouse:

  • has a change in income or resources, including inheritances;
  • has a change in health insurance coverage or premiums; or
  • has a change in residence or mailing address.
 What is a waiver service? Back to Top
 What is countable income? Back to Top
 What is countable income? Back to Top

Countable income consists of:

  • unearned income, which includes money received from SSA, pensions, retirement, Veteran's benefits, interest income, cash from friends and relatives, and
  • earned income, which is money received from working.
 What is the purpose of the Long Term / Personal Care Services Program?  Back to Top

The purpose of the personal care services is to enable an individual whose needs would otherwise require placement in an acute or long term care facility to remain safely in that individual’s own home.

 

The purpose of this program is to provide help to qualified recipients (when possible & medically sound) and help them remain at home in their community rather than put them in a nursing home. 

 Where can I find information on nursing home inspections? Back to Top

The Official U.S. Government Site for People with Medicare has information available that show the results of nursing home inspections. Click Here to go to their site.

 Where can I get a copy of state regulations used to survey nursing homes? Back to Top
Please click on
Publications link from Health Standards Section's home page. Scroll down to "Licensing/Regulations", locate Minimum Licensing Standards. The Medicaid Standards for Payment are currently under revision.
 Where can I get a copy of the federal regulations used to survey nursing homes? Back to Top
Federal regulations used for surveying nursing homes that participate in Medicare & Medicaid programs are available from 
Code of Federal Regulations, see Title 42 Part 483, Subpart B or from the Centers for Medicare & Medicaid Services (CMS) website  State Operations Manual  select Appenix P.
 Where can I get a copy of the MDS (Minimum Data Set) manual? Back to Top
The
Long-Term Care Resident Assessment Instrument User's Manual is available on the Centers for Medicare & Medicaid (CMS) MDS website.
 Where can I get an application form? Back to Top
 Who can get Long Term Care through Louisiana Medicaid? Back to Top

To qualify for coverage, an individual must:

 Who qualifies for Louisiana Medicaid Long Term Care? Back to Top

To qualify for coverage, an individual must:

 Whose income is counted? Back to Top
We use only the income of the person who needs long-term care to decide if he or she is eligible.  We determine how much a person who is eligible for facility care must pay toward the cost of this care.  We must use GROSS monthly income and deduct $38.00 for personal needs, the amount paid for some medical services that are not covered by Medicaid, and certain contributions made to a spouse or dependents.  Any remaining income must be paid toward the cost of facility care.
 Whose income is counted? Back to Top

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