N.J. Admin. Code § 8:85-3.12

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:85-3.12 - Adjustments and pass-throughs

(a) The provider tax pass-through per diem for the rate year shall equal the per diem tax paid by the nursing facility for the calendar year preceding the rate year divided by the total resident days, including all taxable and non-taxable days, as reported on the NHA-100s encompassing that calendar year.

(b) The Department shall approve an NF request for an interim adjustment to rates during a prospective rate period for financial hardship that is likely to reduce the ability of the facility to provide legally required resident care.

1. Interim adjustments, if approved by the Department, shall not apply retroactively unless, for reasons beyond the control of the NF, costs are affected retroactively.

2. Interim adjustments shall not be in effect for a period longer than 12 months.

N.J. Admin. Code § 8:85-3.12

Amended by R.1987 d.6, effective 1/5/1987.
See: 18 N.J.R. 257(a), 19 N.J.R. 126(a).
(d) added "re" to determined.
Recodified from 10:63-3.11 and amended by R.1994 d.624, effective 1/3/1995.
See: 26 N.J.R. 3614(a), 27 N.J.R. 156(a).
Amended by R.1995 d.174, effective 3/20/1995 (operative April 1, 1995).
See: 27 N.J.R. 281(a), 27 N.J.R. 1307(a).
Amended by R.2001 d.120, effective 4/2/2001.
See: 32 N.J.R. 3710(a), 33 N.J.R. 1108(a).
Rewrote (a)6; in (c), substituted "and" for "through"; in (d), substituted "NFs" for "LTCFs" and substituted references to residents for references to patients.
Recodified from N.J.A.C. 10:63-3.12 and amended by R.2005 d.389, effective 1/17/2006.
See: 36 N.J.R. 4700(a), 37 N.J.R. 1185(a), 38 N.J.R. 674(a).
Changed N.J.A.C. 10:63 reference to N.J.A.C. 8:85 throughout.
Repeal and New Rule, R.2011 d.121, effective 4/18/2011.
See: 42 N.J.R. 1793(a), 43 N.J.R. 961(c).
Section was "Land".