Current Status Introducing Body:
HouseBill Number: 3333Ratification Number: 43Act Number: 175Primary Sponsor: P. HarrisType of Legislation: JRSubject: Medicaid nursing home feesCompanion Bill Number: 551Date Bill Passed both Bodies: Mar 27, 1991Computer Document Number: BR1/1153.ACGovernor's Action: SDate of Governor's Action: Apr 09, 1991Introduced Date: Jan 24, 1991Date of Last Amendment: Feb 12, 1991Last History Body: ------Last History Date: Apr 09, 1991Last History Type: Act No. 175Scope of Legislation: StatewideAll Sponsors: P. Harris White Short Rama Felder HouckType of Legislation: Joint Resolution
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3333 ------ Apr 09, 1991 Act No. 175 3333 ------ Apr 09, 1991 Signed by Governor 3333 ------ Apr 03, 1991 Ratified R 43 3333 Senate Mar 27, 1991 Read third time, enrolled for ratification 3333 Senate Mar 26, 1991 Read second time, notice of general amendments 3333 Senate Mar 20, 1991 Committee Report: Favorable 06 3333 Senate Feb 14, 1991 Introduced, read first time, 06 referred to Committee 3333 House Feb 13, 1991 Read third time, sent to Senate 3333 House Feb 12, 1991 Amended, read second time 3333 House Feb 06, 1991 Committee Report: Favorable 30 3333 House Jan 24, 1991 Introduced, read first time, 30 referred to CommitteeView additional legislative information at the LPITS web site.
A JOINT RESOLUTION TO APPROPRIATE EXCESS MEDICAID NURSING HOME FEES TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR MEDICAID NURSING HOME CARE, TO USE INCREASED FEDERAL MEDICAID MATCHING FUNDS FOR UNANTICIPATED MEDICAID EXPENDITURES, AND TO REQUIRE THAT FUNDS GENERATED MUST BE USED FOR MEDICAID SERVICES.
Whereas, the number of persons enrolled in the state's Medicaid program has increased from two hundred fifty-three thousand, thirteen to two hundred seventy-one thousand, one hundred seventy between July, 1990, and January, 1991. While forty percent of this increase is due to more persons qualifying for Aid to Families with Dependent Children (AFDC), thirty-six percent is due to the increased coverage of pregnant women and children receiving no financial assistance, and another nineteen percent is due to increased coverage of aged or disabled persons receiving no financial assistance; and
Whereas, the number of nursing home patients enrolled in the state's Medicaid program has increased from eight thousand, seven hundred ninety-six to nine thousand, nineteen between July, 1990, and December, 1990. A substantial portion of this increase is due to the repeal of the federal Medicare catastrophic law and federal changes in the Medicaid program and could not be anticipated in the state's fiscal year 1991 budget; and
Whereas, these changes also caused nursing homes to unintentionally underestimate the amount of Medicaid care they would deliver during fiscal year 1991. As a result, many are at risk of failing to comply with the requirements of the Medicaid nursing home permit law; and
Whereas, the unanticipated increase in Medicaid nursing home patients will result in higher than expected Medicaid expenditures but also will generate higher revenues from the Medicaid nursing home permit program; and
Whereas, the intent of this resolution is to:
(1) provide that the revenues generated from Medicaid nursing home permit programs in excess of the $6.3 million anticipated in the fiscal year 1991 appropriations act will be used to help fund the increase in Medicaid nursing home expenditures;
(2) grant the State Health and Human Services Finance Commission greater flexibility to work with other state agencies to identify means of increasing federal matching funds which could then be used to fund the increase in Medicaid expenditures; and
(3) allow the State Health and Human Services Finance Commission to assure the Department of Health and Environmental Control that sufficient funds are available to cover the increase in Medicaid nursing home patients, thereby granting the department greater flexibility in assisting nursing homes at risk of providing more care than authorized in their fiscal year 1991 nursing home permit. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Health and Human Services Finance Commission
authorized to use certain excess funds Medicaid nursing home care
SECTION 1. (A) Medicaid nursing home permit fees collected pursuant to Section 44-7-84(D) of the 1976 Code by the Department of Health and Environmental Control in excess of $6.3 million are appropriated to the Health and Human Services Finance Commission to help fund the cost of Medicaid nursing home care.
(B) If the Health and Human Services Finance Commission can increase federal matching funds through changes in reimbursement formulas for other state agencies, the commission, with the permission of those state agencies, may use the increase to cover unanticipated increases in Medicaid expenditures.
(C) All of the funds generated for the Health and Human Services Finance Commission by this resolution must be used to cover the costs of Medicaid services. None of these funds may be used to cover administrative costs.
(D) The Health and Human Services Finance Commission may withhold the next three hundred thousand dollars collected under paragraph 38A.20, Part I, of Act 612 of 1990, the General Appropriations Act of 1990-91, that normally would be remitted to the general fund to be used for purposes of this joint resolution. The funds generated by this resolution available in the first quarter of fiscal year 1991-92 must replenish the general fund account under paragraph 38A.20.
Certain Medicaid nursing home permit violations waived
SECTION 2. Penalties assessed against nursing homes for violations of their Medicaid nursing home permits as specified in Section 44-7-90 are waived for fiscal year 1990-91. Penalties as specified in Section 44-7-90(B) must be applied to those nursing home facilities that exceed their permitted days, their census as of January 1, 1991, or their average January census, whichever is greater.
Resolution effective through June 30, 1991
SECTION 3. This resolution is effective through June 30, 1991.
SECTION 4. This joint resolution takes effect upon approval by the Governor.
In the Senate House April 3, 1991.
Nick A. Theodore,
President of the Senate
Robert J. Sheheen,
Speaker of the House of
Approved the 9th day of April, 1991.
Carroll A. Campbell, Jr.,
Printer's Date -- December 10, 1997 -- S.