Chapter 514 - Nursing Facility Services - DHHR - State of West ...

If a partnership purchases a dissociated partner’s interest in the partnership and the partnershipis not winding up business, under WV Code 47B-7-1(d), the partnership “shall indemnify adissociated partner whose interest is being purchased against all partnership liabilities, whetherincurred before or after the dissociation, except liabilities incurred by an act of the dissociatedpartner under section two 47B-7-2, article seven of this chapter.” Whenever a partnershippurchases a dissociated partner’s interest in the partnership, it shall send to the Office ofAccountability and Management Reporting (OAMR) a copy of the indemnification agreement.When there is a change of ownership, the provider shall supply the Office of Accountability andManagement Reporting (OAMR) a copy of the executed contract or other agreement effectingthe transfer between the buyer and seller, and shall also include with the transmittal a separatestatement, signed by authorized representatives of both the buyer and seller, stating whetherthe prior owner or new owner retains the liability for any over/under payment related to costreporting periods that have not been audited by the Department at the time of the transfer.A provider may request a final audit, in writing prior to the change in ownership, resulting froman asset purchase. Requests should be submitted to the following address: WVDHHR Office ofAccountability and Management Reporting; Attention: Division of Audit; 1 Davis Square, Suite304, Charleston, WV 25301.514.2.7 Bed ConfigurationBED TRANSFER:A licensed nursing facility or hospital based distinct part may not add any beds to its licensewithout first obtaining certificate of need approval (CON) from the West Virginia Health CareAuthority. If the transfer is authorized by the Health Care Authority, the governing body ordesignee of a licensed nursing home or hospital distinct part must submit a written request forMedicaid reimbursement on transferred beds to the Commissioner of the Bureau for MedicalServices. The request that is to be submitted to the Commissioner must detail need for theadditional transferred beds by indicating the overall census, using the past two most recent costreporting periods, of the transferring from facility and transferring to facility. The overall censusof the transferring to facility must be at 95% or greater on average for each cost reporting periodand the Medicaid census must be at 85% or higher for each cost reporting period.DUAL CERTIFICATION:When the request is to gain dual certification on beds that are currently licensed however do nothave Medicaid certification; the CON process is not needed. The facility asking for dualcertification must submit a written request to the Commissioner of the Bureau for MedicalServices and the request must show the need for the Medicaid certification on the currentlicensed beds in the facility. The need must be proven by indicating the overall census, usingthe most recent two cost reporting periods. The overall census must be at least 95% or greateron average for each cost reporting period and the Medicaid census must be at 85% or higher foreach cost reporting period.Department of Health and Human Resources Chapter 514: Nursing Facility Services Page 15January 1, 2013DISCLAIMER: This manual does not address all the complexities of Medicaid policies and procedures,and must be supplemented with all State and Federal Laws and Regulations.