§ 36-2999-53

36-2999.53. Nursing facility assessment fund (Rpld. 10/1/31) A. The nursing facility assessment fund is established consisting of the following: 1. Monies received by the administration from nursing facility assessments pursuant to this article. 2. Federal monies and federal matching monies received by the administration as a result of expenditures made by the administration that are attributable to monies deposited in the fund. 3. Interest or penalties collected pursuant to this article. 4. Legislative appropriations. 5. Private grants, gifts, contributions and devises from any source received to assist in carrying out the purposes of this article. B. The administration shall administer the fund. Monies in the fund are continuously appropriated. C. The administration shall use fund monies only for the following: 1. To qualify for federal matching funds for supplemental payments for nursing facility services within medicare upper payment limit program requirements. 2. To pay administrative expenses incurred by the administration or its agents in performing the activities authorized by this chapter, provided that these expenses may not exceed one per cent of the aggregate

administrative expenses incurred by the administration or its agents in performing the activities authorized by this chapter, provided that these expenses may not exceed one per cent of the aggregate assessment funds collected for the fiscal year. 3. To reimburse the medicaid sharer of the quality assessment. 4. To provide medicaid supplemental payments to fund covered services to nursing facility medicaid beneficiaries within medicare upper payment limits. D. On notice from the administration, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.