Section 1181.221. Determining the interim per diem rate

(a) An interim per diem rate will be established based on the facility’s most recently filed cost report as adjusted for nonallowable costs by desk review. The cost report shall cover at least a 180 day period in order to qualify as a basis for interim per diem rate setting.

(b) Interim per diem rates will remain in effect for no less than 6 months.

(c) Interim per diem rates will be established under § 1181.68 (relating to upper limits of payment).

The provisions of this § 1181.221 adopted August 5, 1983, effective July 1, 1983, 13 Pa.B. 2402.

Notation

Notes of Decisions

The ‘‘grandfather clause’’ providing that ‘‘in no case will the per diem payment . . . be less than the interim rates that were in effect prior to July 1, 1978 . . .,’’ 55 Pa. Code section 9424.713. See 8 Pa.B. 2826-38 (1978), applied only to interim payments and not to final audited per diem payments. Westmoreland Manor v. Department of Public Welfare, 496 A.2d 1282 (Pa. Cmwlth. 1985).

Cross References

This section cited in 55 Pa. Code § 1181.101 (relating to facility’s right to a hearing).