§ 51510. Nursing Facility Level a Services.

(a) Payment to nursing facilities, hospitals, or public institutions providing level A services in accordance with Section 51120 shall be as set forth in this section and Section 51535. As used in this section, the term “nursing facility level A services” is defined as a nursing facility services provided in accordance with Section 51120.

(b) Each provider of nursing facility level A services shall furnish all equipment, drugs, supplies, and services necessary to provide level A services except as provided in subsection (c). Such equipment, supplies, and services are, at a minimum, those which are required by law, including those required by federal Medicaid regulations and state licensing regulations.

(c) Not included in the payment rate and to be billed separately by the provider thereof, subject to the utilization controls and limitations of Medi-Cal regulations covering such services and supplies, are as follows:

1. Allied health services ordered by the attending physician.

2. Alternating pressure mattresses/pads with motor.

3. Atmospheric oxygen concentrators and enrichers and accessories.

4. Blood, plasma and substitutes.

5. Dental services.

6. Durable medical equipment as specified in Section 51321(g).

7. Insulin.

8. Intermittent positive pressure breathing equipment.

9. Intravenous trays, tubing and blood infusion sets.

10. Laboratory services.

11. Legend drugs.

12. Liquid oxygen system.

13. MacLaren or Pogon Buggy.

14. Medical supplies as specified in the list established by the Department.

15. Nasal cannula.

16. Osteogenesis stimulator device.

17. Oxygen (except emergency).

18. Parts and labor for repairs of durable medical equipment if originally separately payable or owned by the beneficiary.

19. Physician services.

20. Portable aspirator.

21. Portable gas oxygen system and accessories.

22. Precontoured structures (VASCO-PASS, cut out foam).

23. Prescribed prosthetic and orthotic devices for exclusive use of patient.

24. Reagent testing sets.

25. Therapeutic air/fluid support systems/beds.

26. Traction equipment and accessories.

27. Variable height beds.

28. X-rays.

(d) Not included in the payment rate nor in the Medi-Cal schedules of benefits are personal items such as cosmetics, tobacco products and accessories, dry cleaning, beauty shop services (other than shaves or shampoos performed by the facility staff as part of patient care and periodic hair trims) and television rental.

(e) Payment to nursing facilities or public institutions providing Level A services in accordance with Section 51120 shall be as follows:

(1) For facilities in the following counties the base rate is:

Effective		Alameda, Contra Costa,
Rate Year		Marin, Napa, San
		Francisco, San Mateo
	Los Angeles	Santa Clara & Sonoma	All Other
	County	Counties	Counties
2004-05	$80.62	$80.62	$67.94
2005-06	$87.18	$87.18	$67.94
2006-07	$99.38	$99.38	$67.94

(2) For facilities with licensed bed capacities of 100 beds or more, effective August 2, 2003, each facility shall receive a rate of $89.54 until the prospective county rate for their geographic location based on the categories listed above exceeds that amount. At that time, those facilities shall receive the rate for all facilities within that geographic location.

(3) For a leave of absence, the base rate shall be reduced pursuant to Section 51535.

(4) For bed holds, the base rate shall be reduced pursuant to Section 51535.1.

(f) Nothing in this section shall prohibit the Director from negotiating all-inclusive rates which provide for additional Medi-Cal covered services that are medically indicated provided that such negotiated rates are less than the cost of the covered services if billed separately.

(g) Each facility shall certify on the form provided by the Department that nurse assistants who receive certificates pursuant to Section 1439.3, Health and Safety Code, will receive a twenty cents per hour pay increase commencing with the next payroll period following certification.

(1) The Department shall inspect relevant payroll and personnel records of facilities which are reimbursed for care of Medi-Cal patients under this section to insure that the nurse assistants who have received certificates pursuant to Section 1439.3, Health and Safety Code, have received the twenty cents per hour pay increase.

(2) Any facility which the Department finds has not paid the required twenty cents per hour increase for certified nurse assistants shall be liable to the State for the amount of funds reimbursed to the facility as a result of the anticipated wage increase. Recovery shall be for the entire period during which wages did not meet the requirements of this regulation. In addition, the facility shall be subject to suspension from participation in the Medi-Cal program pursuant to the provisions of Section 14123, Welfare and Institutions Code. The facility shall also be subject to the provisions of Section 14107, Welfare and Institutions Code.

(h) Facilities shall be exempted, upon request, from the provisions of subsection (g) if each of the following apply:

(1) The facility has an ongoing nurse assistant training program which:

(A) Has been in effect continuously and prior to February 1, 1978.

(B) The Department finds to be in continuous and substantial compliance with the requirements of Section 72322.

(2) Effective October 31, 1977, the facility is currently paying nurse assistants an entry wage level of $3.50 per hour or higher.

(i) Each facility shall certify on the form provided by the Department that an additional $1.84 per patient day for the period of March 1, 1978 through June 30, 1978, was expended for increased nonadministrative employee wages and benefits. Facilities will be exempted from this certification requirement if the entry wage level of the lowest paid nonadministrative employee exceeded $3.97 an hour on March 1, 1978. Facilities exceeding the $3.97 hourly wage shall certify that the additional funds received were used to ensure the continued delivery of quality care in such facility.

(1) The Department shall inspect relevant payroll and personnel records of facilities which are reimbursed for care of Medi-Cal patients under this section to insure that the wage increases provided for in the March 1, 1978, rate increases have been implemented. Any facility which has not made the wage and benefit increases required by this subsection shall be liable to the State for the amount of funds paid to such facilities for these wage increases, but not distributed to employees, plus a penalty of ten percent of the funds not distributed. The facility shall also be subject to the provisions of Section 14107, Welfare and Institutions Code.

(2) For purposes of this section, the base from which employee wages and benefits shall be increased shall be the payroll for nonadministrative employees for the month of December, 1977 and shall include only nonovertime hours worked by covered employees. The amount of funds to be distributed per month for the period March 1, 1978 to and including June 30, 1978 for nonadministrative employee wages and benefits shall equal the total Medi-Cal patient days for the month of December, 1977 multiplied by $1.84 plus any amount expended pursuant to Section 1439.7 of the Health and Safety Code for purposes of wage increases during the March 1, 1978 through June 30, 1978 effective period.

(j) By July 1, 1978, and annually thereafter, each facility shall certify on the form provided by the Department that:

(1) All nonadministrative employees of the facility employed less than three months shall receive a minimum wage level equivalent to the federal minimum wage plus fifty percent of the facility's average hourly wage increase established for the period March through June 1978 pursuant to subsection (i).

(2) All nonadministrative employees of the facility employed for three months or more shall receive a minimum wage level equivalent to the federal minimum wage plus the facility's total average hourly wage increase established for the period March through June 1978 pursuant to subsection (i).

(3) Any employee who was employed by the facility for the period March through June 1978 shall not receive a lower wage than the wage received by that employee pursuant to subsection (i) for the March through June 1978 period.

(4) Any wage increase for certified nurse assistants required by subsection (g) shall be in addition to any of the average wages certified to in this subsection.

HISTORY

1. Amendment filed 8-7-89 as an emergency; operative 8-7-89 (Register 89, No. 32). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 12-5-89. For prior history, see Register 89, No. 1.

2. Certificate of Compliance transmitted to OAL 12-1-89 and filed 1-2-90 (Register 90, No. 1).

3. Amendment filed 12-10-90 as an emergency; operative 12-10-90 (Register 91, No. 6). A Certificate of Compliance must be transmitted to OAL by 4-9-91 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (a) and (e), heading and Note filed as an emergency 3-14-91; operative 3-14-91 (Register 91, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-12-91 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 12-10-90 order including amendment of subsection (b) transmitted to OAL 4-8-91 and filed 5-8-91 (Register 91, No. 24).

6. Certificate of Compliance as to 3-14-91 order, including amendment of subsections (a), (b), and (e), transmitted to OAL 7-11-91 and filed 8-9-91 (Register 91, No. 50).

7. Amendment of subsection (e) and Note filed 8-12-91 as an emergency; operative 8-12-91 (Register 92, No. 6). A Certificate of Compliance must be transmitted to OAL 12-10-91 or emergency language will be repealed by operation of law on the following day.

8. Certificate of Compliance as to 8-12-91 order transmitted to OAL 12-9-91 and filed 1-2-92 (Register 92, No. 18).

9. Amendment of subsection (e) and table in subsection (e)(1) and Note filed 12-3-92 as an emergency; operative 12-3-92 (Register 92, No. 49). A Certificate of Compliance must be transmitted to OAL 4-2-93 or emergency language will be repealed by operation of law on the following day.

10. Certificate of Compliance as to 12-3-92 order transmitted to OAL 4-2-93 and filed 5-14-93 (Register 93, No. 20).

11. Editorial correction of printing error restoring subsection (b) (Register 93, No. 20).

12. Amendment of subsection (e)(1) and Note filed 8-24-93 as an emergency; operative 8-24-93 (Register 93, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-22-93 or emergency language will be repealed by operation of law on the following day.

13. Amendment of subsection (e)(1) and Note refiled 12-20-93 as an emergency; operative 12-20-93 (Register 93, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-94 or emergency language will be repealed by operation of law on the following day.

14. Certificate of Compliance as to 12-20-93 order transmitted to OAL 3-22-94 and filed 4-28-94 (Register 94, No. 17).

15. Amendment of subsection (e)(1) and Note filed 8-31-94 as an emergency; operative 8-31-94 (Register 94, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-29-94 or emergency language will be repealed by operation of law on the following day.

16. Amendment of subsection (e)(1) and Note refiled 1-3-95 as an emergency; operative 1-3-95 (Register 95, No. 1). A Certificate of Compliance must be transmitted to OAL 5-3-95 or emergency language will be repealed by operation of law on the following day.

17. Editorial correction of History 6 (Register 95, No. 23).

18. Certificate of Compliance as to 1-3-95 order transmitted to OAL 4-27-95 and filed 6-9-95 (Register 95, No. 23).

19. Amendment of subsection (e)(1) and Note filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.

20. Certificate of Compliance as to 9-19-96 order transmitted to OAL 1-17-97 and filed 3-3-97 (Register 97, No. 10).

21. Amendment of subsection (e)(1) filed 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.

22. Certificate of Compliance as to 5-15-97 order transmitted to OAL 9-10-97 and filed 9-30-97 (Register 97, No. 40).

23. Amendment of subsection (e)(1) and Note filed 12-31-97 as an emergency; operative 12-31-97 (Register 98, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-98 or emergency language will be repealed by operation of law on the following day.

24. Editorial correction of History 23 (Register 98, No. 24).

25. Certificate of Compliance as to 12-31-97 order transmitted to OAL 4-27-98 and filed 6-9-98 (Register 98, No. 24).

26. Amendment of subsection (e)(1) and Note filed 10-29-98 as an emergency; operative 10-29-98 (Register 98, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-26-99 or emergency language will be repealed by operation of law on the following day.

27. Certificate of Compliance as to 10-29-98 order transmitted to OAL 2-26-99 and filed 4-8-99 (Register 99, No. 15).

28. Amendment of subsection (e)(1) and Note filed 11-3-99 as an emergency; operative 11-3-99 (Register 99, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2000 or emergency language will be repealed by operation of law on the following day.

29. Certificate of Compliance as to 11-3-99 order transmitted to OAL 3-1-2000 and filed 4-6-2000 (Register 2000, No. 14).

30. Amendment of subsection (e)(1) and Note filed 11-17-2000 as an emergency; operative 11-17-2000 (Register 2000, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-19-2001 or emergency language will be repealed by operation of law on the following day.

31. Certificate of Compliance as to 11-17-2000 order transmitted to OAL 3-8-2001 and filed 4-19-2001 (Register 2001, No. 16).

32. Amendment of subsection (e)(1) and amendment of Note filed 1-27-2003 as an emergency; operative 8-1-2001 pursuant to Statutes of 2002, Chapter 16, Items 4260-101-0001 and 4260-101-0890 (Register 2003, No. 5). A Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency language will be repealed by operation of law on the following day.

33. Amendment of subsection (e)(1) and amendment of Note refiled 5-22-2003 as an emergency; operative 5-22-2003 (Register 2003, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-19-2003 or emergency language will be repealed by operation of law on the following day.

34. Certificate of Compliance as to 5-22-2003 order transmitted to OAL 9-18-2003 and filed 10-16-2003 (Register 2003, No. 42).

35. Amendment of subsection (e)(1) and amendment of Note filed 8-24-2005 as a deemed emergency pursuant to Welfare and Institutions Code section 14105(a); operative 8-24-2005 for dates of service 8-1-2002 through 7-31-2003 pursuant to Statutes of 2002, Chapter 379, Items 4260-101-0001 and 4260-101-0890 (Register 2005, No. 34). A Certificate of Compliance must be transmitted to OAL by 12-23-2005 or emergency language will be repealed by operation of law on the following day.

36. Certificate of Compliance as to 8-24-2005 order transmitted to OAL 12-22-2005 and filed 1-23-2006 (Register 2006, No. 4).

37. Change without regulatory effect amending subsections (a), (b), (c)14., (g)-(g)(2), (h)(1)(B) and (i)(1)-(2) and amending Note filed 1-26-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).

38. Amendment of subsection (e)(1), repealer and new subsections (e)(2)-(3), new subsection (e)(4) and amendment of Note filed 6-24-2010 as an emergency; operative 6-24-2010 (Register 2010, No. 26). A Certificate of Compliance must be transmitted to OAL by 12-21-2010 or emergency language will be repealed by operation of law on the following day.

39. Certificate of Compliance as to 6-24-2010 order transmitted to OAL 11-29-2010 and filed 1-10-2011 (Register 2011, No. 2).

40. Amendment of subsection (e)(1) and Note filed 12-24-2013 as an emergency; operative 12-24-2013 (Register 2013, No. 52). A Certificate of Compliance must be transmitted to OAL by 6-23-2014 or emergency language will be repealed by operation of law on the following day.

41. Certificate of Compliance as to 12-24-2013 order transmitted to OAL 4-15-2014 and filed 5-22-2014 (Register 2014, No. 21).

Note

Note: Authority cited: Section 20, Health and Safety Code; and Sections 10725, 14105, 14108, 14108.1, 14110.6, 14110.7 and 14124.5, Welfare and Institutions Code. Reference: Sections 14108, 14108.1, 14108.2, 14109.5, 14110.1, 14110.4, 14110.6, 14110.7 and 14123, Welfare and Institutions Code; Statutes of 2004, Chapter 208, Items 4260-101-0001 and 4260-101-0890; Statutes of 2005, Chapter 38, Items 4260-101-0001 and 4260-101-0890; and Statutes of 2006, Chapter 48, Items 4260-101-0001 and 4260-101-0890.