2018 Tennessee Code
Title 71 - Welfare
Chapter 5 - Programs and Services for Poor Persons
Part 10 - Nursing Home Assessment Trust Fund
§ 71-5-1011. Alternative assessment if bureau has not received necessary approvals from Centers for Medicare and Medicaid Services prior to July 1, 2015.

(a) If the bureau of TennCare has not received the necessary approvals from the centers for medicare and medicaid services (CMS) to impose this annual assessment prior to July 1, 2015, or cannot administratively implement the provisions of §§ 71-5-1002 and 71-5-1003 prior to July 1, 2015, the assessment fee shall be set pursuant to subsection (b) until the necessary approvals are obtained.

(b) Upon the occurrence of the conditions described in subsection (a), the amount of the assessment fee shall be set at and uniformly applied to all beds licensed as nursing home beds by this state on July 1, 2015, for the fiscal year following that date at the rate of four and one-half percent (4.5%) of net patient service revenue divided pro rata among all facilities. Licensed facilities that are owned or operated by an agency of this state are not excluded from paying the assessment fee. There shall be no exclusions, deductions or adjustments applied to the assessment fee of any licensed facility different from any other such facility. Beds licensed after July 1, 2015, shall pay a prorated amount of the annual assessment fee for the fiscal year following such date; provided, that no such assessment fee shall be due to the extent that the beds licensed after July 1, 2015, were the result of the transfer of such beds from one (1) licensed facility to another licensed facility, where the transferor facility had already paid the full amount of the assessment fee on such beds, or where the transferor facility agrees to continue to pay the monthly installments due with respect to such beds. The installments are due on the fifteenth day of each following month beginning August 15, 2015, for the July 2015 installment and ending with a final payment on the fifteenth of the month following the commencement date.

(c) The penalties authorized under § 71-5-1006 shall apply to delinquencies arising under this section.

(d) This section shall have no effect after the commencement date set by § 71-5-1001.