Current through Register Vol. 54, No. 24, June 15, 2024
Section 1187.113 - Capital component payment limitation(a)Conditions. The capital component payment for fixed property is subject to the following conditions: (1) The Department will make the capital component payment for fixed property on new or additional beds only if one of the following applies: (i) The nursing facility was issued either a Section 1122 approval or letter of nonreviewability under 28 Pa. Code Chapter 301 (relating to limitation on Federal participation for capital expenditures) or a Certificate of Need or letter of nonreviewability under 28 Pa. Code Chapter 401 (relating to Certificate of Need Program) for the project by the Department of Health by August 31, 1982.(ii) The nursing facility was issued a Certificate of Need or letter of nonreviewability under 28 Pa. Code Chapter 401 for the construction of a nursing facility and there was no nursing facility located within the county.(2) The Department will not make the capital component payment unless the nursing facility substantially implements the project under 28 Pa. Code Chapter 401 within the effective period of the original Section 1122 approval or the original Certificate of Need.(3) The capital component payment for replacement beds is allowed only if the nursing facility was issued a Certificate of Need or a letter of nonreviewability for the project by the Department of Health.(4) The Department will not make the capital component payment unless written approval was received from the Department prior to the construction of the new beds.(b)Capital cost reimbursement waivers. The Department may grant waivers of subsection (a) to permit capital cost reimbursement as the Department in its sole discretion determines necessary and appropriate. The Department will publish a statement of policy under § 9.12 (relating to statements of policy) specifying the criteria that it will apply to evaluate and approve applications for capital cost reimbursement waivers.The provisions of this § 1187.113 amended February 8, 2002, effective 7/1/2001, 32 Pa.B. 734. This section cited in 55 Pa. Code § 1187.2 (relating to definitions); 55 Pa. Code § 1187.21a (relating to nursing facility exception requests-statement of policy); 55 Pa. Code § 1187.108 (relating to gross adjustments to nursing facility payments); 55 Pa. Code § 1187.113a (relating to nursing facility replacement beds-statement of policy); and 55 Pa. Code § 1187.113b (relating to capital cost reimbursement waivers-statement of policy).