Oklahoma Code § 56-1011.5

Title 56. Poor Persons: Nursing facility incentive reimbursement rate plan
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A.  1.  The Oklahoma Health Care Authority shall develop an
incentive reimbursement rate plan for nursing facilities focused on
improving resident outcomes and resident quality of life.
2.  Under the current rate methodology, the Authority shall
reserve Five Dollars ($5.00) per patient day designated for the
quality assurance component that nursing facilities can earn for
improvement or performance achievement of resident-centered outcomes
metrics.  To fund the quality assurance component, Two Dollars
($2.00) shall be deducted from each nursing facility's per diem
rate, and matched with Three Dollars ($3.00) per day funded by the
Authority.  Payments to nursing facilities that achieve specific
metrics shall be treated as an "add back" to their net reimbursement
per diem.  Dollar values assigned to each metric shall be determined
so that an average of the five-dollar-quality incentive is made to
qualifying nursing facilities.
3.  Pay-for-performance payments may be earned quarterly and
based on facility-specific performance achievement of four equally-
weighted, Long-Stay Quality Measures as defined by the Centers for
Medicare and Medicaid Services (CMS).
4.  Contracted Medicaid long-term care providers may earn
payment by achieving either five percent (5%) relative improvement
each quarter from baseline or by achieving the National Average
Benchmark or better for each individual quality metric.
5.  Pursuant to federal Medicaid approval, any funds that remain
as a result of providers failing to meet the quality assurance
metrics shall be pooled and redistributed to those who achieve the
quality assurance metrics each quarter.  If federal approval is not
received, any remaining funds shall be deposited in the Nursing
Facility Quality of Care Fund authorized in Section 2002 of this
title.
6.  The Authority shall establish an advisory group with
consumer, provider and state agency representation to recommend
quality measures to be included in the pay-for-performance program
and to provide feedback on program performance and recommendations
for improvement.  The quality measures shall be reviewed annually

and shall be subject to change every three (3) years through the
agency's promulgation of rules.  The Authority shall insure
adherence to the following criteria in determining the quality
measures:
a. provides direct benefit to resident care outcomes,
b. applies to long-stay residents, and
c. addresses a need for quality improvement using the
Centers for Medicare and Medicaid Services (CMS)
ranking for Oklahoma.
7.  The Authority shall begin the pay-for-performance program
focusing on improving the following CMS nursing home quality
measures:
a. percentage of long-stay, high-risk residents with
pressure ulcers,
b. percentage of long-stay residents who lose too much
weight,
c. percentage of long-stay residents with a urinary tract
infection, and
d. percentage of long-stay residents who got an
antipsychotic medication.
B.  The Oklahoma Health Care Authority shall negotiate with the
Centers for Medicare and Medicaid Services to include the authority
to base provider reimbursement rates for nursing facilities on the
criteria specified in subsection A of this section.
C.  The Oklahoma Health Care Authority shall audit the program
to ensure transparency and integrity.
D.  The Oklahoma Health Care Authority shall provide an annual
report of the incentive reimbursement rate plan to the Governor, the
Speaker of the House of Representatives, and the President Pro
Tempore of the Senate by December 31 of each year.  The report shall
include, but not be limited to, an analysis of the previous fiscal
year including incentive payments, ratings, and notable trends.
Added by Laws 2006, c. 315, § 5, emerg. eff. June 9, 2006.  Amended
by Laws 2010, c. 310, § 1, eff. Nov. 1, 2010; Laws 2019, c. 489, §
1, eff. Oct. 1, 2019.

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