Delaware Code § 16-1182

Use of Nursing Facility Quality Assessment Fund; payments
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(a) Funds deposited into the Nursing Facility Quality Assessment Fund must be used by the Department exclusively to secure federal
matching funds available through the state Medicaid plan and any applicable waivers, and together with the Federal funds must be used
exclusively by the Department including any managed care companies under contract to the Medicaid agency to do all of the following:
(1) Provide for per diem rate adjustments in accordance with § 1183 of this title to Medicaid enrolled nursing facilities.
(2) Reimburse the Medicaid share of the quality assessment in accordance with § 1183 of this title.
(3) Reimburse any funds advanced from the Department Medicaid budget appropriation that were used to make the payments referred
to under paragraphs (a)(1) and (2) of this section.
(b) If the quality assessment imposed by § 6502 of Title 30 and the payments referred to by paragraphs (a)(1) and (2) of this section
are repealed, any funds remaining in the Nursing Facility Quality Assessment Fund must:
(1) First reimburse the Department if the total of all quality assessment payments received from nursing facilities are equal to or less
than the state share of all of the payments referred to by paragraphs (a)(1) and (2) of this section made by the Department including
managed care companies under contract to the Medicaid agency to nursing facilities.
(2) If the total of all quality assessments received is greater than the state share of the payments issued referred to by paragraphs (a)
(1) and (2) of this section, the remaining funds must be distributed back to the nursing facilities generally and proportionately on the
same basis as the assessments were collected in the last calendar quarter.

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