68-1804 ICF/MR Reimbursement Protection Fund; created; allocation; investment.
68-1804. ICF/MR Reimbursement Protection Fund;created; allocation; investment.(1) The ICF/MR ReimbursementProtection Fund is created. Any money in the fund available for investmentshall be invested by the state investment officer pursuant to the NebraskaCapital Expansion Act and the Nebraska State Funds Investment Act. Interestand income earned by the fund shall be credited to the fund.(2) For fiscal year 2004-05, proceeds from the tax imposed under section 68-1803 shall be allocated as follows:(a) First, fifty-five thousand dollars to the department for administrationof the fund;(b) Second, payment to intermediate care facilities for the mentallyretarded for the cost of the tax;(c) Third, three hundred thousand dollars, in addition to any federalmedicaid matching funds, for increases in payments to non-state-operated intermediatecare facilities for the mentally retarded which shall be such facilities'only increase in payments for such fiscal year;(d) Fourth, three hundred twelve thousand dollars, in addition to anyfederal medicaid matching funds, for payment to providers of community-basedservices for the purpose of reducing the waiting list of persons with developmentaldisabilities; and(e) Fifth, any money remaining in the fund after the allocations requiredby subdivisions (2)(a) through (d) of this section have been made shall betransferred to the General Fund.(3) For FY2005-06 throughFY2010-11, proceeds from the tax imposed pursuant to section 68-1803shall be remitted to the State Treasurer for credit as follows:(a) To the ICF/MR Reimbursement Protection Fund for allocation as describedin this subdivision: (i) Fifty-five thousand dollars for administration ofthe fund; (ii) the amount needed to reimburse intermediate care facilitiesfor the mentally retarded for the cost of the tax; (iii) three hundred thousanddollars for payment of rates to non-state-operated intermediate care facilities;and (iv) three hundred twelve thousand dollars for community-based servicesfor persons with developmental disabilities; and(b) To the General Fund: The remainder of the proceeds.(4) For FY2011-12 andeach fiscal year thereafter, proceeds from the tax imposed pursuant to section 68-1803 shall be remitted to the State Treasurer for credit to the ICF/MRReimbursement Protection Fund for allocation as follows:(a) First, fifty-fivethousand dollars for administration of the fund;(b) Second, the amount needed toreimburse intermediate care facilities for the mentally retarded for the costof the tax;(c)Third, three hundred twelve thousand dollars for community-based servicesfor persons with developmental disabilities;(d) Fourth, six hundred thousanddollars or such lesser amount as may be available in the fund for non-state-operatedintermediate care facilities for the mentally retarded, in addition to anycontinuation appropriations percentage increase provided by the Legislatureto nongovernmental intermediate care facilities for the mentally retardedunder the medical assistance program, subject to approval by the federal Centersfor Medicare and Medicaid Services of the department's annual applicationamending the medicaid state plan reimbursement methodology for intermediatecare facilities for the mentally retarded; and(e) Fifth, the remainder of theproceeds to the General Fund. SourceLaws 2004, LB 841, § 5; Laws 2010, LB701, § 1.Effective Date: April 14, 2010 Cross ReferencesNebraska Capital Expansion Act, see section 72-1269.Nebraska State Funds Investment Act, see section 72-1260.