Temporary Occupancy Penalty Waiver for Nursing Facility Providers

Nov 15, 2022

The Office of MaineCare Services is temporarily waiving the minimum occupancy penalty for nursing facilities, found in Chapter III, Section 67, principle 18.9, through the end of the federal Public Health Emergency (PHE). The waiver applies to facilities with at least one month of service delivery under the PHE, starting with fiscal year ending June 30, 2020. 

Additionally, the Department is temporarily waiving the minimum occupancy penalty for Residential Care Facilities, Private Non-Medical Institution Appendix C facilities, found in DHHS Rule Chapter 115, Principles of Reimbursement for Residential Care Facilities - Room and Board Costs, principle 34.3, through the end of the federal PHE. The waiver applies to facilities with at least one month of service delivery under the PHE, starting with fiscal year ending June 30, 2020. The Chapter 115 rules are not part of the MaineCare Program, and these costs are not reimbursed by Medicaid; however, we are including this information in this message for clarity. 

The Division of Audit will apply this temporary waiver at time of annual audit for the period which includes the federal PHE. Nursing facility providers do not need to submit revised cost reports for reports already filed. For questions, please contact Trisha White at DHHS.Audit@maine.gov with “Temporary Occupancy Penalty Waiver for NF Providers” in the subject line.