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142.315 Tax on gross revenues of psychiatric residential treatment facility
services.
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A tax shall be imposed on psychiatric residential treatment facility services at a
uniform rate of up to five and one-half percent (5.5%) on gross revenues
received by each provider after July 1, 2005, for the provision of psychiatric
residential treatment facility services.
The Department for Medicaid Services shall promulgate administrative
regulations to ensure that a portion of the revenues generated from the
assessment levied under this section and federal matching funds shall be used
for rate increases for psychiatric residential treatment facility services to
recognize cost increases, including current wage and benefit levels in the
industry.
The remaining revenue generated from the assessment levied under this
section and federal matching funds shall be used to supplement the
medical-assistance-related general fund appropriations of the Department for
Medicaid Services.
On or before July 1, 2005, the Cabinet for Health and Family Services,
Department for Medicaid Services, shall submit an application to the Centers
for Medicare and Medicaid Services to request any necessary waiver pursuant
to 42 C.F.R. secs. 433.56 and 433.68.
If an application to the Centers for Medicare and Medicaid Services for a
waiver is denied, the Department for Medicaid Services may resubmit the
application with appropriate changes to receive an approved waiver.
The assessment imposed pursuant to this section shall begin on July 1, 2005,
but is not due and payable until rates are increased pursuant to this provision.
The provisions of this section shall be null and void if the waiver or plan
amendment to increase rates is not approved by the Centers for Medicare and
Medicaid Services.
If the assessment provided for in this section is disallowed by the Centers for
Medicare and Medicaid Services, all collections under this section shall cease.
Effective:June 20, 2005
History: Created 2005 Ky. Acts ch. 120, sec. 3, effective June 20, 2005.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85,
95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory
references to agencies and officers whose names have been changed in 2005
legislation confirming the reorganization of the executive branch. Such a
correction has been made in this section.
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