15-60-102. (Temporary) Utilization fee for bed days in nursing facilities. (1) A nursing facility in the state shall pay to the department a utilization fee for each bed day in the facility in the following amounts:
     (a) in the amount of $2.80, which must be applied to maintain the price-based average payment rate to nursing facilities at the fiscal year 2003 base amount;
     (b) in fiscal year 2004, an additional amount of $1.70 to be used to increase the price-based average payment rate to nursing facilities above the fiscal year 2003 base as provided in 15-60-211; and
     (c) beginning July 1, 2004, an additional amount of $2.50 to be used to increase the price-based average payment rate to nursing facilities above the fiscal year 2003 base as provided in 15-60-211.
     (2) The fees collected must be deposited as follows:
     (a) the amounts collected as provided in subsection (1)(a), in the general fund; and
     (b) the amounts collected as provided in subsections (1)(b) and (1)(c), in the account in the state special revenue fund as provided in 15-60-211.
     (3) A nursing facility may not place a fee created in this section on a patient's bill. (Void on occurrence of contingency--sec. 18, Ch. 746, L. 1991--see chapter compiler's comment.)

     History: En. Sec. 2, Ch. 746, L. 1991; amd. Sec. 2, Ch. 558, L. 1993; amd. Sec. 8, Ch. 509, L. 1995; amd. Sec. 1, Ch. 541, L. 2003.