Section 49-4-146.2. Requirements for voluntary termination of provider agreements by nursing facilities; adjustment of medical assistance rate; decertification

   (a) As used in this Code section, the term:

   (1) "Assist" means that the provider will, at a minimum, do the following:

      (A) Provide the resident, the resident's legal guardian, or the resident's representative with the names, addresses, phone numbers, and contact persons at other facilities appropriate to the needs of the resident;

      (B) Contact the identified facilities initially in the resident's behalf;

      (C) Develop a transfer plan for each resident that addresses the individual needs of the resident during the transfer;

      (D) Make arrangements for the safe and orderly transfer of the resident; and

      (E) Provide the resident, guardian, or representative with counseling regarding available community resources and informing the appropriate state or social service organizations, including, but not limited to, the community or state long-term care ombudsman and assisting in arranging for the transfer or discharge.

   (2) "Decertification" means and refers to termination of a facility's limited provider agreement, at such time as no Medicaid eligible residents reside in the facility.

   (3) "Limited provider agreement" means and refers to an agreement between a facility and the department whereby the facility agrees to provide nursing facility services to Medicaid eligible residents and the department agrees to pay medical assistance for services rendered to Medicaid eligible residents during the period of time from termination notice to decertification.

   (4) "Medicaid eligible residents" means and refers to persons:

      (A) Residing in the facility as of the effective date of termination; and

      (B) Who are certified as recipients of medical assistance prior to the effective date of termination.

   (5) "Termination" or "terminate" refers to voluntary termination by a nursing facility of its current provider agreement with the department. Upon termination, the facility must enter into a limited provider agreement.

(b) A nursing facility may voluntarily terminate upon 60 days' written notice to the department. Such notice shall include:

   (1) The reason or reasons for termination of its current provider agreement;

   (2) The names and Medicaid identification numbers of all Medicaid eligible residents;

   (3) The names of residents with applications pending for Medicaid eligibility and the names of any representatives authorized to act for such residents in accordance with paragraph (4) of Code Section 31-8-102;

   (4) Copies of notices which the facility intends to provide to residents and applicants pursuant to subsection (d) of this Code section; and

   (5) Any other information reasonably deemed by the department to be necessary to process the termination.

(c) Any facility which voluntarily terminates its participation must do so in such a manner as to minimize the harm to current residents and applicants. In meeting this requirement, the facility shall:

   (1) Enter into a limited provider agreement;

   (2) Meet the requirements for nursing facilities enrolled as providers of medical assistance, except as otherwise set forth in the limited provider agreement and this Code section;

   (3) Assist residents who desire to leave the facility in finding alternative placement; and

   (4) With regard to residents who are not Medicaid eligible residents at the time of termination, but who subsequently become Medicaid eligible residents, comply with the applicable provisions of Code Section 31-8-116 (with the exception of the second sentence of paragraph (3) of subsection (a) of said Code section).

(d) The terminating facility must meet the following notice requirements. All notices required under this subsection must be approved by the department:

   (1) The facility shall notify each Medicaid eligible resident that:

      (A) The facility has elected to terminate its current provider agreement;

      (B) The resident may continue to reside in the facility as long as he or she continues to be a recipient of medical assistance; and

      (C) Should the resident wish to transfer to another facility, the terminating facility will provide orientation and preparation for transfer and assist the resident and the department in locating alternative placement;

   (2) The facility shall notify all other residents:

      (A) That the facility has elected to terminate its current provider agreement;

      (B) That the resident will not be entitled to have medical assistance paid on his or her behalf if he or she becomes a Medicaid eligible resident on or after the effective date of termination; and

      (C) Of his or her rights pursuant to Code Section 31-8-116; and

   (3) The facility shall notify all applicants on the facility's waiting list that:

      (A) The facility has elected to terminate its current provider agreement;

      (B) No resident admitted to the facility after the effective date of termination shall be entitled to have his or her care at such facility covered by medical assistance;

      (C) The legal rights and protections that apply to all residents (regardless of source of payment) in nursing facilities enrolled as providers of medical assistance will not be available on or after the effective date of decertification;

      (D) The legal rights and protections under the Georgia Bill of Rights for Residents of Long-term Care Facilities and under other state laws will continue to be available after the effective date of decertification; and

      (E) If such applicant desires to apply to other facilities, the terminating facility will assist the applicant in finding alternative placement.

(e) The terminating facility shall receive medical assistance at the per diem rate in effect at the time the facility notified the department of its intention to terminate until such time as rate adjustments are made under the state plan. At that time, the facility's medical assistance rate shall be adjusted to the state-wide average medical assistance rate paid to the class of facilities under the state plan to which the terminating facility belongs.

(f) The terminating facility shall be decertified and its limited provider agreement terminated at such time as no Medicaid eligible residents reside in the facility.

(g) A facility shall file a cost report with the department for the fiscal period ending with the effective date of termination in the manner prescribed by the department.

Code 1981, § 49-4-146.2, enacted by Ga. L. 1992, p. 1048, § 1.