Cal. Code Regs. tit. 22 § 52101

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 52101 - Payment of the Quality Assurance Fee

(a) Each FS/NF-B and FSSA/NF-B shall remit payment of the amount due to the Department on a monthly basis on or before the last day of the month following the month in which the QAF is imposed, with a completed Freestanding Nursing Facility, Level-B (FS/NF-B) and Freestanding Subacute Nursing Facility, Level-B (FSSA/NF-B) Quality Assurance Fee Payment Invoice form DHCS 9116 (Rev. 03-10), herein incorporated by reference in its entirety.

(b) If a FS/NF-B or FSSA/NF-B fails to pay all or part of the amount due within 60 calendar days of the date the payment is due, as specified in subsection (a), the Department shall issue a delinquency notice to the FS/NF-B or FSSA/NF-B demanding payment within 15 calendar days of the date of the delinquency notice.

(c) Each FS/NF-B and FSSA/NF-B shall be liable for payment of interest at the rate of seven percent per annum on any unpaid amount due, beginning on the 61st calendar day from the date the payment is due, until the unpaid amount due, plus any interest, is paid in full.

(d) If a FS/NF-B or FSSA/NF-B fails to pay all or part of the outstanding amount due, the Department shall recover the unpaid amount due, plus interest, by one or more of the following methods, until paid in full:

(1) Offset any Medi-Cal reimbursement payments due to the FS/NF-B or FSSA/NF-B;

(2) Execute a repayment agreement between the FS/NF-B or FSSA/NF-B and the Department;

(3) Assess a penalty up to 50 percent of the unpaid amount due;

(4) Recommend to the California Department of Public Health that license renewal be delayed until the Department has recovered the full amount due.

(e) After July 31, 2012, FS/NF-Bs and FSSA/NF-Bs shall remain liable for payment of any QAFs assessed prior to July 31, 2012, but not yet collected prior to that date, until the amount due, plus interest and penalties, is paid in full.

Cal. Code Regs. Tit. 22, § 52101

1. New section filed 7-22-2010 as an emergency; operative 7-22-2010 (Register 2010, No. 30). A Certificate of Compliance must be transmitted to OAL by 1-18-2011 or emergency language will be repealed by operation of law on the following day. Any rules issued by provider bulletin by the Department of Health Care Services that are covered by or inconsistent with these emergency regulations are superseded as of the effective date of these emergency regulations.
2. New section refiled 1-10-2011 as an emergency, including amendment of subsections (d)(3) and (e); operative 1-18-2011 (Register 2011, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-18-2011 or emergency language will be repealed by operation of law on the following day. Any rules issued by provider bulletin by the Department of Health Care Services that are covered by or inconsistent with these emergency regulations are superseded as of the effective date of these emergency regulations.
3. Certificate of Compliance as to 1-10-2011 order transmitted to OAL 4-5-2011 and filed 5-17-2011 (Register 2011, No. 20).

Note: Authority cited: Sections 20, 1324.20, 1324.21 and 1324.23, Health and Safety Code; and Sections 10725, 14105 and 14124.5, Welfare and Institutions Code. Reference: Sections 14105 and 14110.6, Welfare and Institutions Code.