Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities

Federal RegisterMay 12, 1998

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SUMMARY: This interim final rule implements provisions in section 4432

of the Balanced Budget Act of 1997 related to Medicare payment for

skilled nursing facility services. These include the implementation of

a Medicare prospective payment system for skilled nursing facilities,

consolidated billing, and a number of related changes. The prospective

payment system described in this rule replaces the retrospective

reasonable cost-based system currently utilized by Medicare for payment

of skilled nursing facility services under Part A of the program.

DATES: These regulations are effective July 1, 1998.

Comments will be considered if we receive them at the appropriate

address, as provided below, no later than 5 p.m. on July 13, 1998.

ADDRESSES: Mail an original and 3 copies of written comments to the

following address:

Health Care Financing Administration, Department of Health and Human

Services, Attention: HCFA-1913-IFC, P.O. Box 26688, Baltimore, MD

21207-0488

If you prefer, you may deliver an original and 3 copies of your

written comments to one of the following addresses:

Room 309-G, Hubert H. Humphrey Building, 200 Independence Avenue, SW.,

Washington, D.C. 20201,

or

Room C5-09-26, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.

Because of staffing and resource limitations, we cannot accept

comments by facsimile (FAX) transmission. In commenting, please refer

to file code HCFA-1913-IFC. Comments received timely will be available

for public inspection as they are received, generally beginning

approximately 3 weeks after publication of a document, in Room 309-G of

the Department's offices at 200 Independence Avenue, SW., Washington,

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FOR FURTHER INFORMATION CONTACT:

Laurence Wilson, (410) 786-4603 (for general information). John Davis,

(410) 786-0008 (for information related to the Federal rates).

Dana Burley, (410) 786-4547 (for information related to the case-mix

classification methodology).

Steve Raitzyk, (410) 786-4599 (for information related to the facility-

specific transition payment rates).

Bill Ullman, (410) 786-5667 (for information related to consolidated

billing and related provisions).

SUPPLEMENTARY INFORMATION: To assist readers in referencing sections

contained in this document, we are providing the following table of

contents.

Table of Contents

I. Background

A. Current System for Payment of Skilled Nursing Facility Services

Under Part A of the Medicare Program

B. Requirement of the Balanced Budget Act of 1997 for a Prospective

Payment System for Skilled Nursing Facilities

C. Summary of the Development of the Medicare Prospective Payment

System for Skilled Nursing Facilities

D. Skilled Nursing Facility Prospective Payment System--General

Overview

1. Payment Provisions--Federal Rate

2. Payment Provisions--Transition Period

3. Payment Provisions--Facility-Specific Rate

4. Implementation of the Prospective Payment System (PPS)

E. Consolidated Billing for Skilled Nursing Facilities

II. Prospective Payment System for Skilled Nursing Facilities

A. Federal Payment Rates

1. Cost and Services Covered by the Federal Rates

2. Data Sources Utilized for the Development of the Federal

Rates

a. Cost Report Data

b. Estimate of Part B Payments

c. Hospital Wage Index

d. Case-Mix Indices

e. MEDPAR Case-Mix Analog

(1) Rehabilitation Category

(2) Non-Rehabilitation Categories

(3) Case-Mix Using the Analog

f. Skilled Nursing Facility Market Basket Index

3. Methodology Used for the Calculation of the Federal Rates

a. Per Diem Costs

b. Updating the Data

c. Standardization of Cost Data

d. Computation of National Standardized Payment Rates

B. Design and Methodology for Case-Mix Adjustment of Federal Rates

1. Background on the Resource Utilization Groups (RUGs) Patient

Classification System

2. The RUG-III Classification System

3. Use of RUG-III ``Grouper'' Software

4. Determining the Case-Mix Indices

5. Application of the RUG-III System

6. Use of the Resident Assessment Instrument--Minimum Data Set

(MDS 2.0)

7. Required Schedule for Completing the MDS

8. The Relationship Between Payment and the MDS

9. Assessments and the Transition to the Prospective Payment

System

a. Medicare Beneficiaries Receiving Part A Benefits Admitted

Within the Past 30 Days

b. Medicare Beneficiaries Receiving Part A Benefits Admitted

Over 30 Days Prior

c. Medicare Part A Beneficiaries With Less Than 14 Days of

Medicare Eligibility Remaining

10. Late Assessments

11. The Default Rate

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12. Case-Mix Adjusted Federal Payment Rates

C. Wage Index Adjustment to Federal Rates

D. Updates to the Federal Rates

E. Relationship of RUG-III Classification System to Existing Skilled

Nursing Facility Level of Care Criteria

III. Three-Year Transition Period

A. Determination of Facility-Specific Per Diem Rates

1. Part A Cost Determination

a. Freestanding Skilled Nursing Facilities

(1) Skilled Nursing Facilities Without an Exception for Medical

and Paramedical Education (Sec. 413.30(f)(4)) or a New Provider

Exemption in the Base Year

(2) Skilled Nursing Facilities With an Exception for Medical and

Paramedical Education in the Base Year

(3) Skilled Nursing Facilities With New Provider Exemptions From

the Cost Limits in the Base Year

b. Hospital-Based Skilled Nursing Facilities

(1) Skilled Nursing Facilities Without an Exception for Medical

and Paramedical Education or a New Provider Exemption

(2) Skilled Nursing Facilities With an Exception for Medical and

Paramedical Education in the Base Year

(3) Skilled Nursing Facilities With Exemptions From the Cost

Limits in the Base Year

c. Medicare Low Volume Skilled Nursing Facilities Electing

Prospectively Determined Payment Rate (Fewer Than 1500 Medicare

Days)

(1) Providers Filing HCFA-2540-S-87

(2) Providers Filing HCFA-2540 or HCFA-2552

d. Providers Participating in the Multistate Nursing Home Case-

Mix and Quality Demonstration--Calculation of the Prospective

Payment System Rate

e. Base Period Cost Reports That Are Adjusted for Exception

Amounts or Other Post Settlement Adjustments

B. Determination of the Part B Estimate

C. Calculation of the Facility-Specific Per Diem Rate

D. Computation of the Skilled Nursing Facility Prospective Payment

System Rate During the Transition

IV. The Skilled Nursing Facility Market Basket Index

A. Rebasing and Revising of the Skilled Nursing Facility Market

Basket

1. Background

2. Rebasing and Revising of the Skilled Nursing Facility Market

Basket

B. Use of the Skilled Nursing Facility Market Basket Percentage

1. Facility-Specific Rate Update Factor

a. Short Period in Base Year

b. Short Period in Initial Period

c. Short Period Between Base Year and Initial Period

2. Federal Rate Update Factor

V. Consolidated Billing

A. Background of the Skilled Nursing Facility Consolidated Billing

Provision

B. Skilled Nursing Facility Consolidated Billing Legislation

1. Specific Provisions of the Legislation

2. Types of Services That Are Subject to the Provision

3. Facilities That Are Subject to the Provision

4. Skilled Nursing Facility ``Resident'' Status for Purposes of

This Provision

5. Effects of This Provision

C. Effective Date for Consolidated Billing

VI. Changes in the Regulations

VII. Response to Comments

VIII. Waiver of Proposed Rulemaking

IX. Regulatory Impact Statement

A. Background

B. Impact of This Interim Final Rule

1. Budgetary Impact

2. Impact on Providers and Suppliers

C. Rural Hospital Impact Statement

X. Collection of Information Requirements

Regulations Text

Appendix A--Technical Features of the 1992 Skilled Nursing Facility

Total Cost Market Basket Index

I. Synopsis of Structural Changes Adopted in the Revised and Rebased

1992 Skilled Nursing Facility Total Cost Market Basket

II. Methodology for Developing the Cost Category Weights

III. Price Proxies Used To Measure Cost Category Growth

In addition, because of the many terms to which we refer by

acronym in this rule, we are listing these acronyms and their

corresponding terms in alphabetical order below:

ADLs Activities of daily living

AHEs Average Hourly Earnings

BBA 1997 Balanced Budget Act of 1997

BEA [U.S.] Bureau of Economic Analysis

BLS [U.S.] Bureau of Labor Statistics

CAH Critical access hospital

CFR Code of Federal Regulations

CPI Consumer Price Index

CPI-U Consumer Price Index for All Urban Consumers

CPT [Physicians'] Current Procedural Terminology

ECI Employment Cost Index

FI Fiscal intermediary

HCFA Health Care Financing Administration

HCPCS HCFA Common Procedure Coding System

ICD-9-CM International Classification of Diseases, Ninth Edition,

Clinical Modification

MDS Minimum Data Set

MEDPAR Medicare provider analysis and review file

MSA Metropolitan Statistical Area

NECMA New England County Metropolitan Area

PCE Personal Care Expenditures

PPI Producer Price Index

PPS Prospective payment system

RAI Resident Assessment Instrument

RAPs Resident Assessment Protocol Guidelines

RUG Resource Utilization Group

SNF Skilled nursing facility

STM Staff time measure

I. Background

A. Current System for Payment of Skilled Nursing Facility Services

Under Part A of the Medicare Program

Under the present payment system, Medicare skilled nursing facility

(SNF) services are paid according to a retrospective, reasonable cost-

based system. Under Medicare payment principles set forth in section

1861 of the Social Security Act (the Act) and part 413 of the Code of

Federal Regulations (CFR), SNFs receive payment for three major

categories of costs: routine costs, ancillary costs, and capital-

related costs.

In general, routine costs are the costs of those services included

by the provider in a daily service charge. Routine service costs

include regular room, dietary, nursing services, minor medical

supplies, medical social services, psychiatric social services, and the

use of certain facilities and equipment for which a separate charge is

not made. Ancillary costs are costs for specialized services, such as

therapy, drugs, and laboratory services, that are directly identifiable

to individual patients. Capital-related costs include the costs of

land, building, equipment, and the interest incurred in financing the

acquisition of such items.

Under Medicare rules, the reasonable costs of ancillary services

and capital-related expenses are paid in full. Routine operating costs

are also paid on a reasonable cost basis, subject to per diem limits.

Sections 1861(v)(1) and 1888 of the Act authorize the Secretary to set

limits on the allowable routine costs incurred by an SNF.

In addition, section 1888(d) of the Act gives low Medicare volume

SNFs the option of receiving a single prospectively determined payment

rate for routine operating and capital-related costs in lieu of the

normal reasonable cost reimbursement method. A SNF may elect this

payment method only if it had fewer than 1,500 Medicare covered

inpatient days in its immediately preceding cost reporting period. An

SNF's prospective payment rate under section 1888(d) of the Act,

excluding capital-related costs, cannot exceed its routine service cost

limits. Under this payment method, ancillary costs are still a pass-

through cost.

B. Requirement of the Balanced Budget Act of 1997 for a Prospective

Payment System for Skilled Nursing Facilities

Section 4432(a) of the Balanced Budget Act of 1997 (BBA 1997)

(Public Law 105-33), enacted on August 5, 1997, amended section 1888 of

the Act by adding subsection (e). This

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subsection requires implementation of a Medicare SNF prospective

payment system (PPS) for all SNFs for cost reporting periods beginning

on or after July 1, 1998. Under the PPS, SNFs will be paid under a PPS

applicable to all covered SNF services. These payment rates will

encompass all costs of furnishing covered skilled nursing services

(that is, routine, ancillary, and capital-related costs) other than

costs associated with operating approved educational activities.

Covered SNF services include posthospital SNF services for which

benefits are provided under Part A (the hospital insurance program) and

all items and services (other than services excluded by statute) for

which, prior to July 1, 1998, payment may be made under Part B (the

supplementary medical insurance program) and which are furnished to SNF

residents during a Part A covered stay.

Section 1888(e)(4) of the Act provides the basis for the

establishment of the per diem Federal payment rates applied under the

PPS. It sets forth the formula for establishing the rates as well as

the data on which they are based. In addition, this section requires

adjustments to such rates based on geographic variation and case-mix

and prescribes the methodology for updating the rates in future years.

Section 1888(e)(2) sets forth a requirement applicable to most

providers for a transition phase covering the first three cost

reporting periods under the PPS. During this transition phase, SNFs

will receive a payment rate comprised of a blend between the Federal

rate and a facility-specific rate based on historical costs. Section

1888(e)(3) prescribes the methodology for computing the facility-

specific rates.

In addition to the payment methodology, section 4432(a) of the BBA

1997 added several other provisions to the Act related to the

implementation and administration of the PPS.

Section 1888(e)(8) prohibits judicial or administrative review on

matters relating to the establishment of the Federal rates. This

includes the methodology used in the computation of the Federal rates,

the case-mix methodology, and the development and application of the

wage index. This limitation on judicial and administrative review also

extends to the establishment of the facility-specific rates, except the

determinations of reasonable cost in the fiscal year 1995 cost

reporting period used as the basis for these rates.

In addition, section 1888(e)(7) requires the application of the PPS

to extended care services furnished in hospital swing bed units.

However, this requirement is to be implemented no earlier than cost

reporting periods beginning on July 1, 1999 and no later than for cost

reporting periods beginning in the 12-month period starting on July 1,

2001. Accordingly, we are not revising the payment regulations for

swing-bed hospitals (42 CFR 413.114) at this time, but will do so at a

later date.

Finally, section 4432(c) of the BBA 1997 requires the Secretary to

establish a medical review process to examine the impact of the PPS,

consolidated billing, and other related changes set forth in this rule

on the quality of SNF services provided to Medicare beneficiaries. This

medical review process will place a particular emphasis on the quality

of non-routine covered ancillary and physician services.

C. Summary of the Development of the Medicare Prospective Payment

System for Skilled Nursing Facilities

The prospective payment system described in the following sections

is the culmination of substantial research efforts beginning as early

as the 1970s, focusing on the areas of nursing home payment and

quality. In addition, it is based on a foundation of knowledge and work

by a number of States that have developed and implemented similar

payment methodologies for their Medicaid nursing home payment systems.

Over the last 20 years, approximately 25 nursing home case-mix payment

systems have been implemented by such States as New York, Ohio, West

Virginia, and Texas.

Building on earlier research, the Health Care Financing

Administration (HCFA) funded the development of the Multistate Nursing

Home Case-Mix and Quality Demonstration in 1989. The purpose of this

project was to design, implement, and evaluate a Medicare nursing home

prospective payment and quality monitoring system across several

States. These States were Kansas, Maine, Mississippi, New York, South

Dakota, and Texas. The 3-year demonstration was implemented in 1995.

The current focus in the development of State and Federal payment

systems for nursing home care rests on explicit recognition of the

differences among residents, particularly in the utilization of

resources. Recognition of these differences ensures that payment levels

are adequate to support quality and access to care, especially for more

costly resource intensive patients. In a case-mix adjusted payment

system, the amount of payment given to the nursing home for care of a

resident is tied to the intensity of resource use (for example, hours

of nursing or therapy time needed per day) and/or other relevant

factors (for example, requirement for a ventilator). The focus of the

demonstration was on the development and testing of such a case-mix

PPS.

A case-mix system measures the intensity of care and services

required for each resident and then translates it into a payment level.

As discussed above, a number of States do have case-mix prospective

payment systems for their Medicaid nursing home benefits. However, most

of these payment systems were not readily transferrable to Medicare due

to the relative differences in the resident populations served by each

program. While naturally there is overlap, Medicare generally serves a

more postacute resident population while Medicaid generally serves a

longer-term custodial care population.

As a result of these differences, the development phase of the

Multistate demonstration was devoted to developing a case-mix

classification system appropriate for the Medicare population. The

demonstration, like the national PPS set forth in this rule, utilized

information from the Minimum Data Set (MDS) resident assessment

instrument to classify residents into resource utilization groups

(RUGs), which account for the relative resource use of different

patient types. This classification system and its relationship to the

MDS and the PPS are described in detail elsewhere in this rule.

D. Skilled Nursing Facility Prospective Payment--General Overview

As described above, the BBA 1997 requires implementation of a

Medicare SNF PPS for cost reporting periods beginning on or after July

1, 1998. Under the PPS, SNFs are no longer paid in accordance with the

present reasonable cost-based system but rather through per diem

prospective case-mix adjusted payment rates applicable to all covered

SNF services. These payment rates cover all the costs of furnishing

covered skilled nursing services (that is, routine, ancillary, and

capital-related costs) other than costs associated with operating

approved educational activities. Covered SNF services include

posthospital SNF services for which benefits are provided under Part A

and all items and services for which, prior to July 1, 1998, payment

had been made under Part B (other than physician and certain other

services specifically excluded under the BBA 1997) but furnished to SNF

residents during a Part A covered stay.

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1. Payment Provisions--Federal Rate

The PPS utilizes per diem Federal payment rates based on mean SNF

costs in a base year updated for inflation to the first effective

period of the system. We develop the Federal payment rates using

allowable costs from hospital-based and freestanding SNF cost reports

for reporting periods beginning in fiscal year 1995. The data used in

developing the Federal rates also incorporate an estimate of the

amounts payable under Part B for covered SNF services furnished during

fiscal year 1995 to individuals who were residents of a facility and

receiving Part A covered services. In developing the rates, we update

costs to the first effective year of the PPS (15-month period beginning

July 1, 1998) using a SNF market basket index, and standardize for

facility differences in case-mix and for geographic variations in

wages. Providers that received ``new provider'' exemptions from the

routine cost limits are excluded from the data base used to compute the

Federal payment rates. In addition, costs related to payments for

exceptions to the routine cost limits are excluded from the data base

used to compute the Federal payment rates. In accordance with the

formula prescribed in the BBA 1997, we set the Federal rates at a level

equal to a weighted mean of freestanding costs plus 50 percent of the

difference between the freestanding mean and a weighted mean of all SNF

costs (hospital-based and freestanding) combined. We compute and apply

separately payment rates for facilities located in urban and rural

areas.

The Federal rate also incorporates adjustments to account for

facility case-mix using a resident classification system that accounts

for the relative resource utilization of different patient types. This

classification system, Version III of the Resource Utilization Groups

(RUGs-III), utilizes resident assessment data (from the Minimum Data

Set or MDS) completed by SNFs to assign residents into one of 44

groups. SNFs complete these assessments according to an assessment

schedule specifically designed for Medicare payment (that is, on the

5th, 14th, 30th, 60th, and 90th days after admission to the SNF). For

Medicare billing purposes, there are revenue codes associated with each

of the 44 RUG-III groups, and each assessment applies to specific days

within a resident's SNF stay. SNFs that fail to perform assessments

timely are paid a default payment for the days of a patient's care for

which they are not in compliance with this schedule. In addition, we

adjust the portion of the Federal rate attributable to wage-related

costs by a wage index.

For the initial period of the PPS, beginning on July 1, 1998 and

ending on September 30, 1999, the payment rates are contained in this

interim final rule. For each succeeding fiscal year, we will publish

the rates in the Federal Register before August 1 of the year preceding

the affected Federal fiscal year. For fiscal years 2000 through 2002,

we will increase the rates by a factor equal to the SNF market basket

index amount minus 1 percentage point. For subsequent fiscal years, we

will increase the rates by the applicable SNF market basket index

amount.

2. Payment Provisions--Transition Period

Beginning with a provider's first cost reporting period beginning

on or after July 1, 1998, there is a transition period covering three

cost reporting periods. During this transition phase, SNFs receive a

payment rate comprised of a blend between the Federal rate and a

facility-specific rate based on each facility's fiscal year 1995 cost

report. We exclude SNFs that received their first payment from Medicare

on or after October 1, 1995, from the transition period, and we make

payment according to the Federal rates only.

For SNFs that qualify for the transition, the composition of the

blended rate varies depending on the year of the transition. For the

first cost reporting period beginning on or after July 1, 1998, we make

payment based on 75 percent of the facility-specific rate and 25

percent of the Federal rate. In the next cost reporting period, the

rate consists of 50 percent of the facility-specific rate and 50

percent of the Federal rate. In the following cost reporting period,

the rate consists of 25 percent of the facility-specific rate and 75

percent of the Federal rate. For all subsequent cost reporting periods,

we base payment entirely on the Federal rate.

3. Payment Provisions--Facility-Specific Rate

We compute the facility-specific payment rate utilized for the

transition using the allowable costs of SNF services for cost reporting

periods beginning in fiscal year 1995 (cost reporting periods beginning

on or after October 1, 1994 and before October 1, 1995). Included in

the facility-specific per diem rate is an estimate of the amount

payable under Part B for covered SNF services furnished during fiscal

year 1995 to individuals who were residents of the facility and

receiving Part A covered services. In contrast to the Federal rates,

the facility-specific rate includes amounts paid to SNFs for exceptions

to the routine cost limits. In addition, we also take into account

``new provider'' exemptions from the routine cost limits but only to

the extent that routine costs do not exceed 150 percent of the routine

cost limit.

We update the facility-specific rate for each cost reporting period

after fiscal year 1995 to the first cost reporting period beginning on

or after July 1, 1998 (the initial period of the PPS) by a factor equal

to the SNF market basket percentage increase minus 1 percentage point.

For the fiscal years 1998 and 1999, we update this rate by a factor

equal to the SNF market basket index amount minus 1 percentage point,

and, for each subsequent year, we update it by the applicable SNF

market basket index amount.

4. Implementation of the Prospective Payment System (PPS)

As discussed above, the PPS is effective for cost reporting periods

beginning on or after July 1, 1998. This is in contrast to the

consolidated billing provision, which is effective for items and

services furnished on or after July 1, 1998. Accordingly, we will

require a number of SNFs to implement consolidated billing prior to

migrating to the PPS.

E. Consolidated Billing for Skilled Nursing Facilities

Section 4432(b) of the BBA 1997 sets forth a consolidated billing

requirement applicable to all SNFs providing Medicare services. SNF

Consolidated Billing is a comprehensive billing requirement (similar to

the one that has been in effect for inpatient hospital services for

well over a decade), under which the SNF itself is responsible for

billing Medicare for virtually all of the services that its residents

receive. As with hospital bundling, the SNF consolidated billing

requirement does not apply to the services of physicians and certain

other types of medical practitioners. In a related provision, section

4432(b)(3) of the BBA 1997 requires the use of fee schedules and

uniform coding specified by the Secretary for SNF Part B bills. These

provisions are effective for services furnished on or after July 1,

1998.

II. Prospective Payment System for Skilled Nursing Facilities

A. Federal Payment Rates

This interim final rule with comment period sets forth a schedule

of Federal prospective payment rates applicable to Medicare Part A SNF

services for cost

[[Page 26256]]

reporting periods beginning on or after July 1, 1998. This schedule

incorporates per diem Federal rates designed to provide payment for all

the costs of services furnished to a Medicare resident of an SNF. This

section describes the components of the Federal rates and the

methodology and data used to compute them.

1. Cost and Services Covered by the Federal Rates

The Federal rates apply to all costs (that is, routine, ancillary,

and capital-related costs) of covered skilled nursing services other

than costs associated with operating approved educational activities as

defined in 42 CFR 413.85. Under section 1888(e)(2) of the Act, covered

SNF services include posthospital SNF services for which benefits are

provided under Part A (the hospital insurance program) and all items

and services (other than services excluded by statute) for which, prior

to July 1, 1998, payment may be made under Part B (the supplementary

medical insurance program) and which are furnished to SNF residents

during a Part A covered stay. (These excluded service categories are

discussed in greater detail in section V.B.2., in the context of the

SNF Consolidated Billing provision.)

2. Data Sources Utilized for the Development of the Federal Rates

The methodology utilized by HCFA in developing the Federal rates

combines a number of data sources. These sources include cost report

data, claims data, case-mix indices, a wage index, and a market basket

inflation index. This section describes each of these data sources

while the following section describes the methodology that combines

them to produce the Federal rates.

a. Cost report data. In accordance with sections 1888(e)(3)(A)(i)

and (e)(4) of the Act, the primary data source for developing the cost

basis of the Federal rates was the cost reports for hospital-based and

freestanding SNFs for reporting periods beginning in fiscal year 1995

(that is, beginning on or after October 1, 1994 through September 30,

1995). Only those cost reports for periods of at least 10 months but

not more than 13 months were included in the data base. We excluded

shorter and longer periods on the basis that such data may not be

reflective of a normal cost reporting period and, therefore, may

distort the rate computation.

In accordance with section 1888(e)(4)(A) of the Act, providers that

were exempted from the limits in the base year under Sec. 413.30(e)(2)

were excluded from the data base to compute the Federal rates; in

addition, allowable costs related to exceptions payments were excluded.

Finally, costs related to approved educational activities were excluded

from the data base.

In calculating the Federal rates, we utilized fiscal year 1995 cost

report data, including both settled and as-submitted cost reports. In

accordance with section 1888(e)(4)(A) of the Act, adjustment factors

were applied separately to routine and ancillary costs from as-

submitted cost reports to make the data reflect the average adjustments

that would result from the cost report settlement process. Routine

costs were adjusted downward by 1.31 percent, and ancillary costs were

adjusted downward by 3.26 percent.

These adjustment factors were developed through comparisons of cost

data from as-submitted and settled cost reports for providers contained

in the data base from 1995. The factors represent the percent change of

cost elements used in the PPS rate setting methodology between

submission and settlement of the cost reports. These factors were

validated by examining the relationship between as-submitted and

settled cost reports for SNF cost reports beginning in the three

preceding Federal fiscal years (that is, 1992, 1993, and 1994) as well.

This comparison showed an overall consistency in the relationship

between as-submitted and settled cost reports for the SNF cost elements

utilized in the PPS rate development methodology.

b. Estimate of Part B payments. Section 1888(e)(4)(A)(ii) of the

Act, as added by the BBA 1997, requires that in developing the Federal

rates, the Secretary estimate the amounts that would be payable under

Part B for covered SNF services furnished to SNF residents.

Accordingly, it was necessary to examine the Part B allowable charges

(including coinsurance) associated with the SNFs contained in the cost

report data base. To estimate the Part B allowable charges, we matched

100 percent of the Medicare Part B SNF claims associated with Part A

covered SNF stays to the SNF cost reports described above. The matched

Part B allowable charges were incorporated at a facility level by the

appropriate cost report cost center (for example, laboratory services,

medical supplies) with the cost report data.

c. Hospital wage index. Section 1888(e)(4) requires that we both

standardize the Federal rates and provide for appropriate adjustments

to account for area wage differences ``using an appropriate wage index

as determined by the Secretary.'' We cannot use a wage index based on

SNF wage data because the industry-specific data necessary to compute a

wage index for SNFs are not yet available. However, under section 106

of the Social Security Act Amendments of 1994 (Public Law 103-432),

HCFA was required to begin collecting data no later than October 31,

1995, on employee compensation and paid hours of employment in SNFs for

the purpose of constructing an SNF wage index adjustment. Until this

data collection effort is completed and the data are analyzed, we

believe that the hospital wage data provide the best available measure

of comparable wages that would also be paid by SNFs. We believe that

the use of the hospital wage data results in an appropriate adjustment

to the labor portion of the costs based on an appropriate wage index as

required under section 1888(e) of the Act.

For the rates effective with this rule, we are using wage index

values that are based on hospital wage data from cost reporting periods

beginning in fiscal year 1994--the most recent hospital wage data in

effect before the effective date of this rule (see Table 2.I).

Accordingly, the wage index values used in this rule are based on the

same wage data as used to compute the FY 1998 wage index values for the

hospital PPS.

d. Case-mix indices. As discussed in section I, section 1888(e)(4)

of the Act requires us to make adjustments to the Federal rates to

account for the relative resource use of different patient types (that

is, case-mix). In addition, the law requires us to standardize the cost

data used in developing the Federal rates for case-mix.

The goal of a case-mix payment system is to measure the intensity

of care and services required for each patient and translate it into an

appropriate payment level. Accordingly, in making this adjustment, the

Federal rates will incorporate a patient classification system based on

intensity of resource use with corresponding payment weights.

As discussed previously, the patient classification system utilized

under this PPS is RUG-III. RUG-III, a 44-group patient classification

system, provides the basis for the case-mix payment indices used both

for standardization of the Federal rates and subsequently to establish

the case-mix adjustments to the rates for patients with different

service use. These indices reflect the weight or value of each of the

44 RUG-III groups relative to all the groups. A full discussion of the

design and structure of RUG-III is presented later in this section.

These payment indices are

[[Page 26257]]

based on staff time measure (STM) studies conducted in 1995 and 1997

that measured the nursing and therapy staff time required to care for

groups of residents. The STM is based on a 24-hour period for nursing

and therapy services. Accordingly, there are separate case-mix payment

indices for nursing and related services and for therapy services.

The STM studies were conducted in 12 States across 154 SNFs and

2,900 residents. These States were Kansas, Maine, Mississippi, South

Dakota, Texas, California, Colorado, Maryland, Florida, Ohio,

Washington, and New York. The study utilized a stratified sample of

SNFs, including both freestanding and hospital-based SNFs and those

with different care delivery models. The resulting indices were

adjusted to account for the relative salary differences between

different types of nursing staff (registered nurses, licensed practical

nurses, and aides) and the different therapy disciplines (occupational

therapy, physical therapy, and speech pathology). The adjustment to the

nursing index for relative salary differences in nursing staff was

based on data from the American Health Care Association's 1995 study of

national nursing home salaries. The adjustment to the therapy index for

relative salary differences among disciplines was based on data from

several different sources. These sources were surveys from the American

Health Care Association, the National Association for the Support of

Long-Term Care, the Bureau of Labor Statistics, the American

Rehabilitation Association, the University of Texas, Mutual of Omaha,

and the Maryland Health Cost Review Commission. They were used in

HCFA's ``best estimate'' approach in the development of rehabilitation

therapy salary equivalency guidelines. The schedule detailing the

national case-mix payment indices is presented later in this section

(see Tables 2.E and 2.F).

e. MEDPAR case-mix analog. Section 1888(e)(4)(C) requires that the

data used in developing the Federal payment rates be standardized to

remove the effects of geographic variation in case-mix. Standardization

ensures that the aggregate impact of the case-mix adjustments on the

Federal rates does not alter the aggregate payments that would occur in

the absence of such an adjustment. In order to fulfill this

requirement, it is necessary to have data on the average case-mix of

each SNF in our data base for its cost reporting period beginning in

fiscal year 1995. Because a national source of MDS derived case-mix

data does not exist for this period, it was necessary to utilize

existing data sources. Accordingly, to provide national case-mix data

on SNFs in our data base, we constructed a crosswalk between the RUG-

III categories and the data from all Medicare claims in our Medicare

Provider Analysis and Review file (MEDPAR).

The MEDPAR file is an analytical file created from Part A Medicare

hospital and SNF claims and maintained by HCFA. These claims are the

basis of the interim payments made by fiscal intermediaries and contain

information on SNF stays paid for by Medicare Part A nationwide.

Although Medicare claims information does not include all the data

elements necessary to classify SNF patients exactly as they are in RUG-

III, it does contain sufficient information to assign Medicare SNF

patients to RUG-III categories at a general level. Classification into

a RUG-III category is based on detailed clinical information from the

patient assessment performed in the SNF. The claims in the MEDPAR file

do not have the level of clinical detail required for classification

into the RUG-III categories but do have basic clinical information that

has been required on the claim for payment in the cost-based Medicare

payment system. By using the clinical information in the MEDPAR file to

crosswalk to the RUG-III grouping specifications, we were able to model

how the national Medicare SNF population will classify into RUG-III

categories. The model is referred to as the ``MEDPAR analog.'' The

value of the MEDPAR analog is that it provides a means to use available

data to examine the case-mix of Medicare SNF patients nationally.

In order to examine case-mix based on the MEDPAR file data, it was

necessary to recognize certain limitations of this file, identify where

crosswalks could be made between the data contained in the MEDPAR file

and that needed to assign an SNF patient to a RUG-III group, and

establish proxy criteria where feasible to make more case

classifications possible.

One limitation of the analog results from the Medicare coverage

rules for physical, occupational, and speech rehabilitation therapy

services. Rehabilitation therapy provided in the SNF is covered under

Part A (and thereby will have claims data in MEDPAR), unless the

services are provided by an independent agency, in which case they may

be billed under Part B (although our analysis of Part B supplier bills

indicated relatively few rehabilitation therapy services being billed

in this way). In addition, a small number of facilities do not detail

rehabilitation therapy charges in their claims. For these reasons, the

MEDPAR proxy may not be a complete record of all the services a patient

in the SNF may receive during the course of a beneficiary's stay.

In spite of these limitations, MEDPAR is a reasonable tool to use

in approximating the RUG-III categories related to Medicare SNF claims

and appropriate for use in rate standardization. The file contains ICD-

9-CM (International Classification of Diseases, Ninth Edition, Clinical

Modification) diagnosis and procedure codes that provide a partial

clinical profile of the patient supplemented by lengths of stay,

revenue codes that represent types of services provided during each

nursing home stay, and limited admission and discharge information. In

addition, some of the facilities report rehabilitation charge

information, making it possible for us to approximate frequency and

duration of rehabilitation therapies, as well as to directly reproduce

which discipline provided services.

The analog was first created in 1993, using the 1990 MEDPAR SNF

file and an earlier version of the Minimum Data Set (MDS), the MDS+. We

updated that work for the national implementation analyses, using

instead the 1997 MEDPAR SNF file and the MDS 2.0. As stated above, the

MDS 2.0 collects extensive patient information that includes

demographic information, diagnoses, medication use, nursing

rehabilitation services, activities of daily living (ADL) capabilities,

and minutes per day of rehabilitative services provided. This

information is the basis for assignment to a particular RUG-III group.

Thus, in the creation of the MEDPAR analog, MDS+ (and now, MDS 2.0)

definitions formed the key against which MEDPAR diagnosis and revenue

service codes were matched.

The RUG-III classification system is a hierarchy of major patient

types, organized into seven major categories. The categories are

Rehabilitation, Extensive Services, Special Care, Clinically Complex,

Impaired Cognition, Behavior Problems, and Reduced Physical Function.

Each of these categories is further differentiated to yield the 44

specific patient groups used for payment.

The categories and groups within them are based on the research

findings of staff time measurement studies performed in 1990, 1995, and

1997, described in detail below. Through analyses of the patient

characteristics recorded on the MDS and the staff time associated with

caring for patients in nursing homes, clinical criteria were identified

that were predictive of resource use, and categories were

[[Page 26258]]

formed that would group patients according to resource use. The

criteria for each category were derived from the actual staff time

measurement study data.

The information contained in the MEDPAR file is not adequate to

enable differentiation to the 44 groups, however. Therefore, the analog

classifies patients only to the category level.

There are seven RUG-III categories: Rehabilitation, Extensive

Services, Special Services, Clinically Complex, Impaired Cognition,

Behavior, and Physical. The Rehabilitation category has five sub-

categories, based on the number of minutes therapy is provided and the

number of disciplines providing service. The sub-categories are: Ultra

High, Very High, High, Medium, and Low. Using the crosswalk model, we

were able to classify the claims in the MEDPAR file into the five

rehabilitation therapy sub-categories and four of the remaining six

categories: Extensive Services, Special Services, Clinically Complex,

and Impaired Cognition. There were no available data elements in the

MEDPAR to crosswalk for classification into the Behavior or Physical

categories.

(1) Rehabilitation category. This is the most complex RUG-III

category to crosswalk using the MEDPAR data base. A patient classifies

into the Rehabilitation category based on the minutes per week of

rehabilitation therapy services received. We also considered whether

more than one of the rehabilitation disciplines provided services.

MEDPAR data do not include minutes of service, but do reflect types of

service provided. We, therefore, used charges as a proxy for minutes in

approximating the amounts of service each beneficiary received. Since

service patterns had to be approximated using ranges of rehabilitation

therapy charges, great attention was paid to developing decision rules

that would yield the most accurate description possible using Medicare

claims. In addition, there are five levels of intensity within the

Rehabilitation category. Using research study findings (Marsteller,

Jill A. and Korbin Liu, ``High End Therapy Patients: How Many and How

Much?'' Washington, DC, The Urban Institute, May 1994) and consultation

with rehabilitation professionals, upper and lower charge limits were

set to create groupings like each of the five RUG-III Rehabilitation

categories.

As previously mentioned, nursing home case-mix is not a direct

function of diagnosis. Diagnosis obviously has a role in determining

what services a patient receives, but it is the services themselves,

with the staff time required to provide them, that determine case-mix

in nursing homes. Thus, for the Rehabilitation categories, the RUG-III

system uses measures of staff time and service frequency, variety, and

duration to classify patients. The criteria are in the form of minimum

numbers of minutes of therapy per day or per week, minimum frequencies

of therapy sessions over a week, and minimum numbers of therapy

disciplines used per patient. While the MEDPAR analog can directly

reproduce the variety of therapy given, frequency and duration can only

be approximated using Part A covered charges for skilled therapy

thought to be commensurate with certain patterns of service.

The five Rehabilitation sub-categories for the MEDPAR analog were

determined using ranges of covered charges per day to approximate the

RUG-III criteria. The ranges of covered charges used to classify the

MEDPAR cases were based on an average charge of $300 per day for

rehabilitation services. This amount is based on the covered charges

for rehabilitation therapy in the MEDPAR file. To group cases using the

MEDPAR file, the following ranges of covered charges were used: the Low

Rehabilitation sub-category ranges from $150 per day and below in any

combination of types of skilled therapy; the Medium Rehabilitation sub-

category ranges from $150 to $199 per day in any combination of

therapies; the High Rehabilitation sub-category ranges from $200 to

$299 per day in any combination of therapies; the Very High

Rehabilitation sub-category ranges from $300 to $399 per day in any

combination of therapies (or $400 per day and above if only one

therapy); and the Ultra High Rehabilitation sub-category range

encompasses any case with covered charges higher than $400 per day in

at least two of the three therapies. Refer to Table 2.C for comparison

of these charge ranges to the number of minutes per day and per week

required by the RUG-III system.

We set a threshold at $1,000 of covered charges for rehabilitation

therapy services as a minimum for classification into any of the

rehabilitation sub-categories. We based this on our finding, based on

claims in the National Claims History file, that $400 is a common

charge for an initial evaluation and $250 is a common charge for

treatment by licensed therapists. Thus, we determined this threshold

amount as representative of patients who received an evaluation by a

professional rehabilitative therapist but no substantial course of

rehabilitative therapy. That is, claims for patients with total therapy

charges less than $1,000 were identified as having received an initial

evaluation to determine the need for therapy but generally received no

more than 1 week of rehabilitative therapy services.

Using the MEDPAR file, there was no way to approximate the nursing

rehabilitation component of the RUG-III Low Rehabilitation sub-

category. It was possible, however, to model rehabilitative therapy (of

less than 5 days per week) using therapy charges that parallel such a

pattern of treatment.

The Ultra High Rehabilitation sub-category is intended to apply

only to the most complex cases requiring rehabilitative therapy well

above the average amount of service time. This translates into higher

charges for therapy services, both because treatment is more frequent

and complex, and because length of stay is longer than for other

skilled rehabilitation groups. In line with the intended complexity of

this classification group, the lowest charge that the Ultra High sub-

category includes is $400 per day in at least two of the three

therapies.

The RUG-III criteria for Ultra High Rehabilitation are:

Two of the three rehabilitation therapy disciplines are

represented.

At least 720 minutes of treatment per week across the

three disciplines.

One discipline providing services at least 5 days per

week.

The remaining three sub-categories, Very High, High, and Medium

Rehabilitation are not driven by a specific number of disciplines

represented. All three require at least 5 days per week of skilled

rehabilitative therapy, but they are split according to weekly

treatment time. The Very High cases must be receiving 500 minutes per

week and must be receiving at least one of the disciplines all 5 days;

any additional disciplines will count toward the total time, but no

other disciplines are required for assignment to this sub-category.

Similarly, those in the High sub-category must be receiving a minimum

of 325 minutes per week and this time must include one of the

rehabilitation disciplines being provided daily (at least 5 days per

week). Cases in the Medium sub-category must be receiving at least 150

minutes of skilled rehabilitation in any combination of disciplines

over the minimum 5 days (or five 30-minute sessions).

(2) Non-rehabilitation categories. As stated above, MEDPAR contains

ICD-9-CM codes as the variables describing patient diagnoses and

procedures. This numerical coding system is used by hospitals to report

patient information,

[[Page 26259]]

and nursing homes use these codes on a more limited basis for

reporting. The MDS 2.0 has many of the most prevalent diagnoses found

in this patient population listed for check-off by the nurse performing

the assessment, with a section elsewhere on the form available to write

in any relevant additional ICD-9-CM codes. The analog for the non-

rehabilitation categories was created by matching the ICD-9-CM codes in

the MEDPAR file to as much of the specific clinical criteria on the MDS

2.0 used to classify residents into the Extensive Services, Special

Care, Clinically Complex, and Impaired Cognition categories.

Certain RUG-III criteria could not be satisfactorily coded by an

ICD-9-CM code. Although we could capture the clinical characteristics

of the patients, many of the items used to assign patients to specific

RUG-III groups are not included in the ICD-9-CM coding scheme. In the

Clinically Complex category, for example, the number of physician

visits or order changes is a qualifying factor that cannot be captured

by an ICD-9-CM code, and will not be reported in the MEDPAR file.

Similarly, we could not capture the patient's ADL capabilities.

For the lower categories, Impaired Cognition, Behavior Only, and

Physical Function Reduced, our ability to match the MDS 2.0 items to

those likely to be reported on the MEDPAR was greatly diminished. We

were able to identify a few codes with which to group some of the cases

that would fall into the Cognitively Impaired category, but there were

no ICD-9-CM codes that describe the patients who meet the criteria for

the remaining two categories. Therefore, the analog only groups

patients into the top five categories, leaving all other cases as

unclassified.

(3) Case-mix using the analog. As explained above, in the RUG-III

system, the case-mix index is a function of the distribution of

residents in each of the categories, further detailed across the ADL

index, and then by service counts, depression, or nursing

rehabilitation services. ADLs, nursing rehabilitation, depression, and

service counts could not be modeled using MEDPAR. For the analog, the

nursing and nursing/therapy weights could not be applied to the second

and third levels of the RUG-III system. In the Rehabilitation category,

weights for the five sub-categories were combined.

f. Skilled Nursing Facility market basket index. Section 1888(e)(4)

of the Act requires the Secretary to establish an SNF market basket

index that reflects changes over time in the prices of an appropriate

mix of goods and services included in covered SNF services. The SNF

market basket index is used to develop the Federal rates and also to

update the Federal rates on an annual basis beginning in fiscal year

2000. We have developed an SNF market basket index that consists of the

most commonly used cost categories for SNF routine services, ancillary

services, and capital-related expenses. A complete discussion

concerning the design and application of the SNF market basket index

and the factors used in developing the payment rates is presented in

section IV of this rule.

3. Methodology Used for the Calculation of the Federal Rates

The methodology used to compute the per diem standardized Federal

rates was a multi-step process combining each of the data sources

described above. This section details each of these steps. The schedule

of Federal rates (Tables 2.G and 2.H) that results from this

methodology is presented later in this section.

a. Per diem costs. In developing the per diem costs of SNFs, the

cost data (including the estimate of Part B costs) for each facility

are separated in components based on their relationship to the case-mix

indices described above. This facilitates both the standardization of

costs for case-mix and, similarly, the application of appropriate case-

mix adjustment to the Federal rates. Costs related to nursing

(excluding nurse management) and social services salaries (including

benefits) and total costs (after allocation) of non-therapy ancillary

services are grouped in the component related to the nursing index. Our

analysis of patient level charges for these non-therapy ancillary

services indicates a correlation between the RUG-III classification

system and these services.

Occupational, physical, and speech therapy costs (after allocation)

are grouped in the component related to the therapy index. The majority

of SNF therapy costs are included in this therapy component of the per

diem rate. As can be seen in the schedule of rates presented in Tables

2.E and 2.F, the therapy component of the per diem rates is only

applicable to the 14 RUG-III therapy groups. However, through our

analysis of Medicare claims and other data, we observed a low level of

therapy services being utilized by patients that would not be

classified into a RUG-III therapy group. These therapy services would

include evaluations for rehabilitation in one or more of the therapy

disciplines. Therefore, in order to provide more appropriate payment

levels in the non-therapy RUG-III groups, we estimated therapy costs in

our data base associated with non-therapy RUG-III groups. These costs

were grouped into the non-case-mix component of costs but, as can be

seen in the rate schedule, are only applicable to the non-therapy RUG

III groups.

This estimate was determined using the percentage of therapy

charges by discipline for each facility in our data base associated

with the non-therapy RUG-III RUG categories as determined by the MEDPAR

Analog. This percentage was applied by discipline to the therapy costs

in each facility's cost report data. The results of this calculation

are presented in Tables 2.A and 2.B. All other costs are grouped in the

non-case-mix related component.

For each facility in the data base, components are converted to a

per diem by dividing the costs by Medicare days. For the therapy

component, costs are divided by the number of Medicare days related to

patients receiving therapy. For the remaining components, costs are

divided by total Medicare days. For each component of cost, an outlier

elimination process is performed to eliminate aberrant values.

Facilities with per diem amounts greater than three standard deviations

from the geometric mean are determined to be outliers and are

eliminated from the calculation of the per diem cost for that

component.

As required by section 1888(e)(4)(E)(i) of the Act, all costs are

updated from the base year to the initial period of the PPS (that is,

the 15-month period beginning July 1, 1998 and ending September 30,

1999) using the SNF market basket index described in section IV of this

rule (see Tables 4.D. and 4.E). As required by the statute, this update

is determined using the annual SNF market basket percentage minus 1

percentage point.

b. Updating the data. The SNF market basket index is used to adjust

each per diem amount forward to reflect cost increases occurring

between the midpoint of the cost reporting period represented in the

data and the midpoint of the initial period (beginning July 1, 1998 and

ending September 30, 1999) to which the payment rates apply. In

accordance with section 1888(e)(4)(B) of the Act, the cost data are

updated for each year between the cost reporting period and the initial

period by a factor equivalent to the annual market basket index

percentage minus 1 percentage point.

c. Standardization of cost data. Section 1888(e)(4)(C) of the Act

requires that the Secretary standardize the updated cost data for each

facility for the effects of case-mix and geographic

[[Page 26260]]

differences in wage levels. In order to standardize for wage

differences, the proportion of labor related and non-labor related

components of SNF costs must be identified. These proportions are based

on the relative importance of the different components of the SNF

market basket index (see Table 4.C). Accordingly, the labor-related

portion of costs is 75.888 percent of costs while the non-labor portion

is 24.112 percent. Costs are standardized for geographic differences in

wage levels using the hospital wage index (described earlier in this

section).

To standardize the cost data for the effects of case-mix, we used

the MEDPAR Analog on claims data applicable to the fiscal year 1995

cost reporting periods in the data base. This allowed us to classify

each SNF's residents into one of 10 RUG-III categories produced by the

analog. By applying the case mix indices applicable to the RUG-III

categories assigned by the analog, we were able to develop average

case-mix index values (nursing and therapy) for each facility. As

described below, these index values were used in standardizing SNF

costs for case-mix.

As discussed earlier in this rule, a MEDPAR Analog is used to

standardize for case-mix because actual MDS data are not available on a

national level. However, in order to correct for systematic differences

between the case-mix estimates produced by the analog method and the

method that will be used under this PPS (that is, based on MDS data), a

sensitivity analysis of the analog was performed. This analysis

involved a comparison of case-mix values (based on the application of

the case-mix indices) generated by the analog and corresponding values

generated from actual MDS resident assessments for a sample of SNFs and

patients. While the availability of such comparative data is limited,

we were able to draw a sample from the States participating in the

Multistate Nursing Home Demonstration that included patients from

approximately 100 SNFs in five States. The sample contained 13,354

Medicare claims covering 139,766 days of care. On average, case-mix

values based on MDS data are 3 percent higher than analog-based values

for the nursing index and 28 percent higher for the therapy index. This

variance produced by the analog in the assignment of case-mix values is

factored into the standardization methodology to ensure the rates are

set at the appropriate level.

Each urban and rural component of per diem cost is standardized for

differences in wage levels and case-mix by dividing total

unstandardized cost by a standardization factor that reflects each

facility's wage level and case-mix. This factor is based in part on

each facility's wage adjustment (.7588 times its wage index plus .2412)

multiplied by the appropriate case-mix value and number of days of

care. These facility values are summed to obtain the standardization

factor. The standardized cost is divided by the appropriate total days

to obtain the standardized per diem cost.

This process equates per diem standardized cost (per diem cost

adjusted for individual facility wage and case-mix differences) to per

diem unstandardized cost. In this manner, standardization accounts for

the application of individual facility wage index and case-mix

adjustments to the per diem payment rates without altering the

aggregates of the per diem cost data used to construct the per diem

payment rates.

d. Computation of national standardized payment rates. Section

1888(e)(4)(D)(iii) of the Act authorizes the Secretary to compute

separate payment rates for SNFs in urban and rural areas as defined in

section 1886(d)(2)(D). Under the statute, urban areas are those defined

by the Office of Management and Budget as metropolitan statistical

areas (MSAs) or New England County Metropolitan Areas (NECMAs). All

other areas are considered rural areas. Table 2.I showing the wage

index indicates all areas considered urban for purposes of establishing

these rates.

Using the data described above and the formula prescribed in

section 1888(e)(4)(E) of the Act, we calculated the national average

per diem standardized payment rates separately for urban and rural SNFs

using the following steps. The unadjusted Federal rates resulting from

this calculation are presented in Tables 2.A and 2.B below.

(1) As required by section 1888(e)(4)(D)(ii) of the Act, for each

of the four components of cost, we computed the mean based on data from

freestanding SNFs only. This mean was weighted by the total number of

Medicare days of the facility.

(2) As required by section 1888(e)(4)(D)(i) of the Act, for each of

the four components of cost, we computed the mean based on data from

both hospital-based and freestanding SNFs. Again, this mean was

weighted by the total number of Medicare days of the facility.

(3) As required by section 1888(e)(4)(E)(i) of the Act, for each of

the four components of cost, we calculated arithmetic mean of the

amounts determined under steps (1) and (2) above.

(4) The unadjusted Federal rate for the initial period is

calculated differently depending on the RUG-III case-mix grouping. For

the 14 RUG-III therapy groups, the unadjusted Federal rate is the sum

of the nursing case-mix, non-case-mix and therapy case-mix components.

For other RUG-III groups, the unadjusted Federal rate is the sum of the

nursing case-mix, non-case-mix and therapy non-case-mix components.

Table 2.A.--Unadjusted Federal Rate Per Diem

[Urban]

----------------------------------------------------------------------------------------------------------------

Nursing-- Therapy-- Therapy--

Rate component case mix case mix non-case mix Non-case mix

----------------------------------------------------------------------------------------------------------------

Per Diem Amount......................................... $109.48 $82.67 $10.91 $55.88

----------------------------------------------------------------------------------------------------------------

Table 2.B.--Unadjusted Federal Rate Per Diem

[Rural]

----------------------------------------------------------------------------------------------------------------

Nursing-- Therapy-- Therapy--

Rate Component case mix case mix non-case mix Non-case mix

----------------------------------------------------------------------------------------------------------------

Per Diem Amount......................................... $104.88 $95.51 $11.66 $56.95

----------------------------------------------------------------------------------------------------------------

[[Page 26261]]

B. Design and Methodology for Case-Mix Adjustment of Federal Rates

As indicated earlier, section 1888(e)(4)(G) of the Act requires

that the Federal rates be adjusted for case-mix (the relative resource

utilization of patients). The RUG-III classification is a patient

classification system that accounts for the relative resource

utilization of different patient types. To adjust for case-mix, care

provided directly to, or for, a patient is represented by an index

score (case-mix index) that is based on the amount of staff time,

weighted by salary levels, associated with each group. That is, each

RUG-III group is assigned an index score that represents the amount of

nursing time and rehabilitation treatment time associated with caring

for the patients who qualify for the group. The nursing weight includes

both patient-specific time spent daily on behalf of each patient type

by registered nurses, licensed practical nurses, and aides, as well as

patient non-specific time spent by these staff members on other

necessary functions such as staff education, administrative duties, and

other tasks associated with maintenance of the care giving environment.

The case-mix indices are applied to the unadjusted rates presented

above resulting in 44 separate rates, each corresponding with one of

the 44 RUG-III classification groups. To determine the appropriate

payment rate, SNFs are required to classify patients into a RUG-III

group based on assessment data from the MDS 2.0. The design and

structure of RUG-III and the methodology and Federal policy associated

with the classification of patients into RUG-III groups, including the

completion of assessments (MDS 2.0) for Medicare patients, under this

PPS, are described in the following pages.

1. Background on the Resource Utilization Groups (RUGs) Patient

Classification System

As part of the Nursing Home Case-Mix and Quality demonstration

project, Version III of the Resource Utilization Groups (RUG-III) case-

mix classification system was developed to capture resource use of

nursing home patients and to provide an improved method of tracking the

quality of their care.

RUG-III is a 44-group model for classifying nursing home patients

into homogeneous groups according to the amount and type of resources

they use. The RUG-III groups are the basis for the payment indices used

to establish equitable prospective payment levels for patients with

different service use. Care provided directly to, or for, a patient is

represented by an index score that is based on the amount of staff

time, weighted by salary levels, associated with each group. That is,

each RUG-III group is assigned an index score that represents the

amount of nursing time and rehabilitation treatment time associated

with caring for the patients who qualify for the group. The nursing

weight includes both patient-specific time spent daily on behalf of

each patient type by registered nurses, licensed practical nurses, and

aides, as well as patient non-specific time spent by these staff

members on other necessary functions such as staff education,

administrative duties, and other tasks associated with maintenance of

the care giving environment.

The principal goal of case-mix measurement is to identify patient

characteristics associated with measured resource use. In nursing

homes, no adequate models have been found for using length of stay or

episode cost to explain resource use. Thus, the RUG-III nursing home

case-mix system explains patient resource use on a daily basis.

The classification system was designed using resident

characteristic information and measures of wage-weighted staff time.

Information regarding a patient's characteristics and care needs is

derived from the MDS, a set of core screening and assessment items and

item definitions. The MDS is part of a standardized, comprehensive

patient assessment instrument (the Resident Assessment Instrument or

RAI) that all long term care facilities that are certified to

participate in Medicare or Medicaid are required to use to develop

individualized plans of care for each individual in the facility. The

staff time measure (STM) study captured the amount of nursing staff

time required to care for groups of residents over a 24-hour period and

over the span of a week for therapy services.

Patient assessment and staff time data used to develop the initial

version of the RUG-III classification system were collected from March

to December 1990 for 7,648 patients in 202 nursing facilities in

Kansas, Maine, Mississippi, South Dakota, Nebraska, Texas, and New

York. Since then, two more staff time data collections have been

performed on 154 Medicare certified units of hospital and freestanding

facilities in 12 States (California, Colorado, Florida, Kansas, Maine,

Maryland, Mississippi, New York, Ohio, South Dakota, Texas, and

Washington). Only units that were judged to be providing adequate care

were considered for participation in the study. Of these, States were

asked to select facilities that included 35 percent Medicare certified

units, 25 percent hospital units, and two Alzheimer's units. ``Unit''

was defined as a nursing center such as a corridor or a floor,

controlled from one nursing station. The remainder of the sample was

selected by the State's demonstration project staff to represent the

characteristics of the State's nursing homes.

The sample was purposefully targeted toward residents needing

complex care and/or with cognitive impairments. This assured that

sufficient numbers of patients with rare types of complex care needs

were included in the sample. Facilities with special care units (for

example, Alzheimer's or Rehabilitation units) that participated in the

study were also asked to provide data from a non-specialized unit.

During the data collection, personnel on the study units

electronically recorded all of the time in their work days: time

providing services directly to patients; in activities related to

specific patients, such as charting or consultation with family members

or other members of the patient care team; as well as time that is not

attributable to any particular patient, like that spent in meetings, in

training, on breaks, etc. The time was allocated according to whether

or not it was directly related to a particular patient, and was

categorized as either patient specific time or non-patient specific

time.

Those data have been used to modify the classification system to

create the current RUG-III and establish updated average staff times to

be salary-weighted. Analyses of the staff time data in conjunction with

the patient MDS information identified three main predictors of a

patient's resource utilization: (1) clinical characteristics; (2)

limitations in the activities of daily living (ADLs); and (3) skilled

services received. The RUG-III classification system uses these three

types of variables to describe SNF patients for the purposes of

determining the relative cost of caring for different types of patients

(case-mix).

Analysis of the data indicated that patients with serious clinical

conditions such as dehydration and respiratory infections, as well as

patients who were very dependent in ADLs, require more nursing time

than patients without complicating conditions. The RUG-III

classification system resulting from the analyses is hierarchical. The

clinical characteristics of patients, as identified by the MDS, that

were associated with the greatest utilization of nursing time and

rehabilitative therapy time, were used to categorize patients into the

highest case-mix classification groups.

[[Page 26262]]

Similarly, the clinical characteristics associated with the lowest

utilization of nursing time were used to categorize patients into the

lowest case-mix classification group. Not all clinical characteristics

are recognized separately by the classification system. Only those

characteristics that were predictive of resource use and that would not

introduce incentives that are considered to be negative, or not

compatible with high quality patient care, are used to classify

patients into RUG-III groups.

Table 2.C shows the mutually exclusive, layered categories of the

RUG-III classification system. The table describes which patient

clinical characteristics, levels of assistance used in performing ADLs,

and services are used to assign the patient to a RUGs group. Clinical

characteristics include the patient diagnoses, conditions, and

comorbidities. ADLs include bed mobility, toilet use, transfer from bed

to chair, and eating. Patients receive a single RUG-III ADL score that

measures the patient's ability to perform these activities (scores

range from 4-18; higher scores represent greater functional dependence

and a need for more assistance). Finally, treatments and services

include respiratory therapy, amount of rehabilitation received, and

treatments such as suctioning and intravenous medication

administration.

Table 2.C.--Crosswalk of MDS 2.0 Items and RUG III Groups

----------------------------------------------------------------------------------------------------------------

Category ADL index End splits MDS RUG III codes

----------------------------------------------------------------------------------------------------------------

REHABILITATION

----------------------------------------------------------------------------------------------------------------

ULTRA HIGH............................ 16-18 Not Used................ RUC

Rx 720 minutes/week minimum........... 9-15 Not Used................ RUB

At least 2 disciplines, one at least 5 4-8 Not Used................ RUA

days/week.

VERY HIGH............................. 16-18 Not Used................ RVC

Rx 500 mins. a wk. minimum............ 9-15 Not Used................ RVB

At least 1 discipline--5 days......... 4-8 Not Used................ RVA

HIGH.................................. 13-18 Not Used................ RHC

Rx 325 mins. a wk. minimum............ 8-12 Not Used................ RHB

1 discipline 5 days a week............ 4-7 Not Used................ RHA

MEDIUM................................ 15-18 Not Used................ RMC

Rx 150 mins. a wk. minimum............ 8-14 Not Used................ RMB

5 days across 3 disciplines........... 4-7 Not Used................ RMA

LOW--Rx 45 minutes/week over at least 14-18 Not Used................ RLB

3 days.

Nursing rehabilitation 6 days/week, 2 4-13 Not Used................ RLA

activities.

EXTENSIVE SERVICES--(Adlsum =10, 17-18 Not Used................ SSC

Resp. Ther.=7 days.

Tube fed and aphasic; Radiation 15-16 Not Used................ SSB

tx; Rec'g tx for surgical wnds/

lesions or ulcers (2=sites, any

stg; 1 site stg 3 or 4).

Fever with Dehy., Pneu., Vomit., 7-14 Not Used................ SSA

Weight Loss, or Tube Fed. (Extensive =10, 12-16D Signs of depression..... CB2

Chemotherapy, Dialysis.

No. of Days in last 14--Phys. Visits/ 12-16 ........................ CB1

makes order changes:.

visits>=1 and chng.>=4; or 4-11D Signs of depression..... CA2

visits>=2 and chng.>=2.

Diabetes with injection 7 days/wk and 4-11 (Special =2 days.

IMPAIRED COGNITION:

Score on MDS2.0 Cognitive......... 6-10 Nursing rehabilitation IB2

not receiving.

Performance Scale >=3............. 6-10 ........................ IB1

(Score of ``6'' will be Clin. 4-5 Nursing rehabilitation IA2

Comp. or PE2-PD1). not receiving. IA1

BEHAVIOR ONLY:

Code on MDS 2.0 items............. 6-10 Nursing rehabilitation BB2

not receiving.

4+ days a week.................... 6-10 ........................ BB1

wandering, physical or verbal 4-5 ........................ BB2

abuse.

inappropriate behavior or resists 4-5 ........................ BA1

care.

or hallucinations, or delusions... 4-5 ........................ BA1

PHYSICAL FUNCTION REDUCED:

No clinical variables used........ 16-18 Nursing rehabilitation PE2

16-18 not receiving. PE1

11-15

Nursing Rehab. Activities >=2, at 11-15 Nursing rehabilitation PD2

least 6 days a wk. not receiving. PD1

Passive or Active ROM, amputation 9-10 Nursing rehabilitation.. PC2

care, splint care.

Training in dressing or grooming, 9-10 not receiving........... PC1

eating or swallowing.

transfer, bed mobility or walking, 6-8 Nursing rehabilitation PB2

communication, scheduled 6-8 not receiving. PB1

toileting program or bladder 4-5 Nursing rehabilitation PA2

retraining. 4-5 not receiving. PA1

[[Page 26263]]

Default

----------------------------------------------------------------------------------------------------------------

Source: Analysis of the 1995 Medicare Units Staff Time.

Study: Update of RUG III Classification MDS.

2. The RUG-III Classification System

In the RUG-III classification system, patient characteristic and

health status information from the MDS, such as ``diagnoses,''

``ability to perform ADLs,'' and ``treatments received,'' will be used

to assign the patient to a resource group for payment. The RUG-III

system is a hierarchy of major patient types. RUG-III consists of seven

major categories that are the first level of patient classification.

The major categories, in hierarchical order, are Rehabilitation,

Extensive Services, Special Care, Clinically Complex, Impaired

Cognition, Behavior Problems, and Reduced Physical Function. These

major categories are further differentiated into 44 more specific

patient groupings. Except for Rehabilitation and Extensive Services,

these categories are first subdivided into groups based on the

patient's ADL score. The next level of subdivision is based on nursing

rehabilitation services and signs of depression.

The initial subdivision of the Rehabilitation category is based on

minutes per week of rehabilitative therapy services. The second level

of subdivision uses ADL score. The Extensive Services category does not

use ADL limitations except as a threshold for assignment into the

category. Rather, services that require more technical clinical

knowledge and skill are the variables used for assignment of patients

into this category. Examples of these services are intravenous feeding

or medications and tracheostomy care.

For example, the Special Care category includes patients with

quadriplegia, multiple sclerosis, surgical wound(s), open lesions,

fever with vomiting, dehydration, pneumonia, tube feedings, or weight

loss, those who are aphasic and need to be tube fed, those receiving

treatment for 2 or more skin ulcers, and patients who are receiving

radiation therapy. Any patient with one or more of these conditions,

who is not receiving rehabilitation services, will be assigned to this

category. The patient's assignment to one of the three groups within

this category is dependent on the patient's ADL score.

The Rehabilitation category is organized differently than the

clinical categories that follow in the hierarchy. Within this category,

there are five sub-categories (Ultra High, Very High, High, Medium, and

Low) that are then further split into the individual groups for

payment. The sub-categories are defined by minutes per week of

rehabilitation received by the patient, number of rehabilitation

disciplines providing service, and the number of days per week on which

rehabilitation services were provided. Assignment into a specific

payment group is based on the patient's ability to perform certain of

the activities of daily living as represented by his ADL score. As

stated elsewhere, the patient is assessed on his ability to perform

independently all of the activities of daily living and is assigned an

ADL sum score that represents performance of the four ``late loss''

ADLs. The ``late loss'' ADLs used in the MDS ADL sum score are: eating;

toileting; bed mobility; and transferring.

A brief description of the respective RUG-III categories follows.

Rehabilitation: This category includes patients who, if they were

not receiving rehabilitation therapy, would qualify for one of the

other RUG-III skilled care categories. This category is divided into

subcategories based on the number of minutes of rehabilitative services

received in a week, combinations of rehabilitation disciplines

providing services, receipt of nursing rehabilitative services, and the

patient ADL scores. The range of rehabilitation therapy minutes per day

represented in the Rehabilitation category varies from a low of 45

minutes per week to a high of more than 720 minutes per week. Patients

who qualify for assignment to the Ultra High Rehabilitation sub-

category receive at least 720 minutes per week of rehabilitation

therapies. At least two disciplines must be providing services: one of

the disciplines must provide services 5 days each week, and the other

must provide services at least 3 days each week. In contrast, patients

assigned to the lowest rehabilitation sub-category, Low Rehabilitation,

must receive at least 45 minutes of rehabilitative therapy services

across at least 3 days each week, in addition to 6 days per week of

nursing rehabilitation in two activities.

Extensive Services: To qualify for this category, patients must

have, in the past 14 days, received intravenous medications,

tracheostomy care, required a ventilator/respirator, required

suctioning, or must have, in the past 7 days, received intravenous

feeding. In addition, the patients assigned to this category will have

an ADL score that is at least 7.

Each patient in the extensive services category is assigned a score

of 0-5 based on five criteria. The score is used to classify the

patient to one of the three RUG-III groups in this category--0 or 1

will classify into the SE1 group, those with scores of 2 or 3 will go

to SE2, and those with 4 or 5 will group to SE3.

For the following five criteria, the patient receives one point for

each criterion that applies to him or her. The first three criteria are

presence of a clinical condition that qualifies the patient for

classification to the Special Care category, Clinically Complex

category, or the Cognitively Impaired category. The fourth and fifth

criteria are whether the patient is receiving intravenous feeding or

whether the patient is receiving intravenous medication.

For example, a person who qualifies for both the Cognitively

Impaired and Special Care categories will be assigned a score of 2 and

will be classified into the SE2 group. Similarly, a patient who is

ventilator dependent and requires suctioning will be assigned a score

of 0 and will be classified into SE1.

Special Care: Patients who are assigned to this category have at

least one of the following: multiple sclerosis, cerebral palsy,

quadriplegia with an ADL score of 10 or more, or receive respiratory

therapy 7 days per week; have, and receive treatment for, pressure or

stasis ulcers on 2 or more body sites; have a surgical wound(s) or open

lesions; be tube fed with at least 26 percent of daily calorie

requirements and at least 501 ml of fluid through the tube per day, and

aphasic; receive radiation therapy; or have a fever in combination with

dehydration, pneumonia, vomiting, weight loss, or tube feedings.

Clinically Complex: Patients qualify for this category if they are

comatose, have burns, septicemia, pneumonia, internal bleeding,

dehydration, dialysis, hemiplegia in combination with an ADL

[[Page 26264]]

score of 10 or more, receive chemotherapy, tube feedings that comprise

at least 26 percent of daily calorie requirements and at least 501 ml

of fluid through the tube per day, treatments for foot wounds, or

transfusions. Also included in this category are diabetics who receive

injections 7 days per week and who have two or more physician order

changes in the past 14 days as well as patients who have received

oxygen therapy in the past 14 days. In order to assure inclusion of

patients with unstable conditions, we also use a combination of

physician visits and order changes as qualifying criteria for this

category. This is a proxy measure for the amounts of skilled nursing

observation, care planning, and monitoring usually required by this

type of patient. The qualifying combinations of physician visit/order

changes that must occur within the 14-day observation period to qualify

for this category are: one or more visits with at least four order

changes, or two or more visits with two or more order changes.

Impaired Cognition: Patients in this category and the following two

categories frequently will not qualify for Medicare coverage although

some may, due to specific circumstances. The patients in this category

will have scores on the MDS 2.0 Cognition Performance Scale of 3, 4, or

5, and for two of the groups in this category will be receiving nursing

rehabilitation services 6 days per week. Some patients with Alzheimer's

disease or other types of dementia who have been acutely ill will

classify to this category for Medicare. Under the SNF coverage

guidelines, these patients could qualify based on the need for skilled

nursing rehabilitation.

Behavior Only: These are patients who, in 4 of the last 7 days,

exhibited behaviors that include resisting care, being combative, being

physically and/or verbally abusive, wandering, and who have

hallucinations or delusions.

Physical Function Reduced: The patients in this category are those

who do not have any of the conditions or characteristics identified

above. However, some have been documented as receiving ``skilled

nursing'' and have been covered by Medicare in the past. With proper

documentation and justification regarding the need for skilled care,

Medicare may continue to cover SNF services.

3. Use of RUG-III ``Grouper'' Software

As discussed at the beginning of this section, all data necessary

to classify a patient to one of the RUG-III categories is contained on

the MDS 2.0. Under this PPS, SNFs are required to use the MDS 2.0 as

the data source for classification of patients for case-mix. The

software programs that use the MDS 2.0 to assign patients to the

appropriate groups, called groupers, are available from many software

vendors. The version we use is available at no cost from our web site

at: http://www.hcfa.gov/medicare/ hsqb/mds20.

The logic used in the groupers is based on the hierarchical nature

of the RUG-III system. This means that the patient is first assigned to

the highest category for which the patient qualifies, and then, using

relevant additional criteria, as explained above (ADL score, nursing

rehabilitation, etc.), the patient is assigned to one of the groups

within that category.

The grouper assigns patients to the highest-weighted group rather

than to the highest group in the hierarchy. This is important because

there may be rare instances in which a case would qualify for a group

that, although higher in the hierarchy, has a lower payment index than

a group that is lower in the hierarchy.

4. Determining the Case-Mix Indices

Care provided directly to, or for, a patient is represented by an

index score that is based on the amount of staff time, weighted by

salary levels, associated with each group. That is, each RUG-III group

is assigned an index score that represents the amount of nursing time

and rehabilitation treatment time associated with caring for the

patients who qualify for the group. The nursing weight includes both

patient-specific time spent daily on behalf of each patient type by

registered nurses, licensed practical nurses, and aides, as well as

patient non-specific time spent by these staff members on other

necessary functions such as staff education, administrative duties, and

other tasks associated with maintenance of the care giving environment.

As explained above (in section II.B.1), measures of the staff time

required to care for nursing home patients were collected and used to

identify specific clinical characteristics that are predictive of

patient resource use. In order to do this, characteristics of the

patients in the STM study and the time it took to care for them were

combined and analyzed. In addition, the ratio of salaries for nursing

staff and rehabilitative therapy staff were computed in order to

calculate nursing and therapy weights for each RUG-III category. These

analyses were then used to identify the patient characteristics that

best explain weighted patient specific time. From this, the 44 groups

and an index for each was calculated. The basic calculation performed

for each group was to take the minutes spent providing patient care and

multiply them by the weight that represents the staff person's salary.

Thus, the registered nurse's minutes were multiplied by 1.41, whereas

those of the aide were multiplied by 0.59. The therapy weights include

physical therapist (1.32), occupational therapist (1.23), and speech

pathologist (1.16) time plus licensed physical therapy assistant

(0.87), licensed occupational therapy assistant (0.81), and therapy

aide (0.61) time, on a weekly basis. The nursing and therapy weights

are multiplied by the number of patients in each group to yield an

array of 44 nursing case-mix index scores and 5 therapy case-mix index

scores. These indices are shown later in this section (see Tables 2.E

and 2.F).

5. Application of the RUG-III System

Following are some illustrative case studies to illustrate how the

RUG-III classification system would compare patients with similar

descriptions but disparate classifications.

Example 1. Ms. A was recently hospitalized with a stroke. She has

several comorbidities that include cardiac dysrhythmia, hypertension,

and diabetes mellitus, and experienced a urinary tract infection within

the last 30 days. In addition, she has lost voluntary movement in her

left arm and leg, and has an unsteady gait, pain almost daily, and some

localized edema, but is continent when toileted at regular intervals.

She can see, hear, understand, and make herself understood. She tires

easily and carries out ADLs slowly. Her mood is frequently tearful, and

she expresses sadness about the loss of past life roles. She is

concerned about her health and views herself, and is viewed by staff,

as having potential for rehabilitation.

Her memory is good, although she does have some difficulty making

decisions in new situations. She is involved in the daily life of the

nursing home, interacts well with others, and is able to set her own

goals. She spends some time in her own room in self-initiated

activities.

Ms. A requires the assistance of one person to accomplish her

personal hygiene, dressing, toileting (RUG-III ADL index score=4), bed

mobility and transferring (ADL scores=4 each), and locomotion and

eating (ADL score=2). She uses pressure-relieving chair and bed pads

and receives special attention for her skin. She undergoes physical

therapy and occupational therapy for 1 hour each, 5 days per week. Ms.

A

[[Page 26265]]

receives daily restorative/rehabilitative follow-up nursing care and

skill training for eating, active and passive range of motion,

transferring, dressing, grooming, and locomotion, and participates in a

bowel and bladder retraining program. Discharge from the facility is

planned within the next 3 months.

As a stroke patient receiving two therapies five times a week, Ms.

A is classified in the Very High Rehabilitation category. She has an

ADL index score of 14 (4+4+4+2) and will therefore be classified into

the RVB group. In case-mix calculations, her case receives a nursing

weight of 1.04 and a therapy weight of 1.41.

Example 2, a non-rehabilitation patient. Ms. B has multiple

sclerosis. At the present time she is recovering from a bout of

pneumonia. She also had a urinary tract infection within the last 30

days. She has lost some voluntary movement in her extremities and

cannot balance herself well in a standing position. She is not bedfast,

however, and is in a wheelchair during the day. She has a history of

pressure sores, but none are present at this time. There is stiffness

in her hips, hands, feet, and shoulders. She complains of constipation

and is sometimes incontinent of the bladder. She is able to see, hear,

fully understand what is said, and is understood.

Her memory is good, and she is independent in her decision making.

Her mood, however, is tearful, and she expresses distress. She grieves

for her past life as a professional musician, and she is often

withdrawn and has been verbally abusive to her roommate during the past

week.

Ms. B uses extensive assistance with transferring (RUG-III ADL

index score=4), locomotion, and toileting (ADL score=4), and limited

assistance with bed mobility (ADL score=3), personal hygiene, and

dressing. As she has had a history of pressure sores, she uses bed and

chair pressure prevention pads and receives special skin care,

positioning, and turning regularly over the day. Her intake and output

are monitored, and the nursing staff provides passive and active range

of motion and skill training for transferring with a trapeze while

encouraging active range of motion where possible. She also began a

bowel and bladder retraining program last week. Any discharge plan for

Ms. B is uncertain at this time.

With multiple sclerosis and a high level of ADL dependency, Ms. B

is classified into the Special Care category. Her ADL score is at least

12 (4+3+4+1). Service counts and mental state are not used in the

Special Care category, so her depressed mood does not factor into her

assignment into a RUG group, although it influences her plan of care.

She will be classified to the SSA group in the Special Care category.

In RUG-III case-mix calculations, Ms. B is assigned a nursing weight of

1.01 and a therapy weight of 0 since she did not receive occupational,

physical, or speech therapy in the last 7 days. Note that these weights

are lower than those assigned to Ms. A in example 1, despite the

similarities in their clinical descriptions.

6. Use of the Resident Assessment Instrument--Minimum Data Set (MDS

2.0)

The requirements for patient assessment found at Sec. 483.20 apply

to all patients in a Medicare or Medicaid certified long term care

facility, regardless of the patient's age, diagnoses, length of stay,

or payer source. Certified facilities are required to use the RAI

specified by the State to assess patients. Each State's RAI consists of

HCFA's MDS at a minimum. The RUG-III classification system and,

subsequently, the Medicare SNF prospective payment, are based on the

Minimum Data Set (MDS). The MDS contains a core set of screening,

clinical, and functional status elements, including common definitions

and coding categories, that form the basis of a comprehensive

assessment.

In order to receive Medicare payment under PPS, in addition to

completion of the uniform MDS as set forth at Sec. 483.20, the facility

will be required to complete two additional sections of the MDS:

Sections T and U. Section U is currently an optional section of the MDS

used to collect information on medication. However, completion of this

section is required for States participating in HCFA's Nursing Home

Case-Mix and Quality (NHCMQ) demonstration and several other States as

well. Although collection of medication information on Section U will

be required for Medicare patients under this PPS, we will not require

completion and transmission of this information until October 1, 1999.

In the interim, we will examine the potential for refining Section U in

a way that would streamline data collection, reduce opportunities for

error, and thereby maximize the accuracy and usefulness of the data.

Section T provides information on special treatments and therapies

not reported elsewhere in the patient assessment. In section T, the

facility must record the rehabilitative therapy services (physical

therapy, occupational therapy, and speech therapy) that have been

ordered and are scheduled to occur during the early days of the

patient's SNF stay. As rehabilitation services often are not initiated

until after the first MDS assessment's observation period ends, we

believe that allowing the patient time for transition is appropriate.

Section T provides an overall picture of the amount of rehabilitation

that a patient will likely receive through the 15th day from admission.

This information on the MDS will make possible an accurate

classification of the patient for whom rehabilitation is planned into

the appropriate RUG-III group. SNFs must complete this section for

services furnished on or after July 1, 1998.

Section T also provides information needed to evaluate a patient's

response to therapy. For example, by assessing a patient's ability to

walk at his most self-sufficient level, small increments of improvement

can be measured. This level of detail is not contained in other areas

of the MDS in contrast with the information recorded elsewhere in the

MDS, regarding the patient's walking ability most of the time.

Assessment of the patient's ``most self sufficient'' can be used to

evaluate the effectiveness of physical therapy and nursing

rehabilitation, the continued need for therapy and nursing

rehabilitation, and maintenance of walking ability immediately after

therapy is discontinued.

7. Required Schedule for Completing the MDS

Under section 1888(e)(6) of the Act, SNFs must ``provide the

Secretary, in a manner and within the timeframes prescribed by the

Secretary, the resident assessment data necessary to develop and

implement the rates under this subsection.'' We are requiring that SNFs

perform patient assessments by the 5th day (although there is a grace

period that allows performance by the 8th day) of the SNF stay, again

by the 14th day, by the 30th day, and every 30 days thereafter as long

as the patient is in a Medicare Part A stay. A full MDS must be

submitted by facilities at each of these timeframes during a patient's

Medicare Part A stay. Each Medicare patient is classified in a RUG-III

group for each assessment period for which he is in a Part A SNF stay.

The group to which the patient classifies is based on the information

about his clinical resource needs as recorded on the MDS assessment.

Facilities will send each patient's MDS assessments to the State

and claims for Medicare payment to the fiscal intermediary on a 30-day

cycle.

[[Page 26266]]

Payment will be made according to the RUG-III group(s) recorded on the

claim sent to the fiscal intermediary. For the first 30 days in an SNF,

a Medicare patient will be assessed three times (at 5 days, 14 days,

and 30 days) and perhaps more often, if the patient's needs change

requiring additional MDS assessments and care plan modifications. Any

of the assessments performed may result in a RUG-III classification

change.

Each patient is to be assessed using full or comprehensive

assessments according to the stated schedule. The State's RAI

constitutes a ``comprehensive'' assessment, which is required at

various timeframes according to Federal regulations found at

Sec. 483.20. In the following schedule, ``full'' assessment refers to

completion of the entire MDS, and ``comprehensive'' refers to

completion of the Resident Assessment Protocols (RAPs) in addition to

the entire MDS. The SNF provider should adhere to the following

assessment schedule for newly admitted and readmitted beneficiaries

whose stays are expected to be covered by Medicare during the first 30

days of admission/readmission to the SNF.

Day 0 Represents the period prior to admission

Day 1 Patient admission day and notification of ``Non-coverage''

Day 5 Last day for Assessment Reference Date for the Medicare 5 Day

Assessment

Day 14 Last day for Assessment Reference Date for the Medicare 14

day Assessment (In accordance with Federal requirements at

Sec. 483.20, RAPS must be completed with the 5 day or the 14 day

assessment)

Day 29 Last day for Assessment Reference Date for the Medicare 30

day assessment (RAPs not required for Medicare unless a Significant

Change in Status has occurred)

Day 59 Last day for Assessment Reference Date for the Medicare 60

day assessment (RAPs not required for Medicare unless a Significant

Change in Status has occurred)

Day 89 Last day for Assessment Reference Date for Medicare 90 day

assessment (RAPs not required for Medicare unless a Significant

Change in Status has occurred)

Day 100 Last possible day of Medicare coverage. Staff should return

to the State-required MDS assessment schedule.

This schedule applies to Medicare beneficiaries during Part A Medicare

nursing home stays.

Note that historically, instructions for completing the RAI, as in

the Long Term Care Resident Assessment Instrument User's Manual, state

that ``when calculating when the Resident Assessment Instrument (RAI)

is due, the day of admission is counted as day zero.'' Counting the day

of admission as day zero has allowed the maximum flexibility in terms

of time to complete the RAI. For case-mix reimbursement purposes,

however, States that participated in HCFA's Nursing Home Case-Mix and

Quality Demonstration (NHCMQ) project have required that the day of

admission be counted as day one. The use of the day of admission as day

one is continued under the PPS rules for reimbursement scheduling. In

support of this scheduling, in the future, HCFA will provide

instructions for RAI completion counting the day of admission as day

one.

In order to be in compliance with the requirements of Medicare and

Medicaid certification, facilities must complete an Initial Admission

assessment, including RAPs, within 14 days of a patient's admission to

the facility. Within approximately the same time, the requirements for

PPS specify that facilities must complete two assessments for each

patient in a Medicare-covered Part A stay. These include a Medicare 5-

day and a Medicare 14-day assessment. According to the rules for PPS,

the RAPs must be completed with either the 5-day or the 14-day

assessment, and the facility may choose with which of these assessments

to complete the RAPs.

In order to minimize burden on facility staff, in some instances,

the same assessment that is completed and electronically submitted to

the State to meet the clinical requirements at Sec. 483.20 may also be

used to meet the PPS requirements. For example, the facility may use

either the Medicare 5-day or the Medicare 14-day assessment (whichever

one included the RAPs) to meet both the requirements for PPS, as well

as the clinical requirements for completing and transmitting an Initial

Admission assessment. In this case, the ``Reason for Assessment'' item

on the MDS would be coded both as an Initial Admission assessment and

as a Medicare 5-day or 14-day assessment. There is no grace period for

the Initial Admission assessment to correspond with the grace period

that the PPS rules allow for the Medicare 14-day assessment. Therefore,

if a facility is using the Medicare 14-day assessment to also meet the

requirement for the Initial Admission assessment, the assessment must

be completed by day 14, and the grace period does not apply.

In order to be in compliance with the requirements for Medicare and

Medicaid certification, facilities must perform the HCFA Standard

Quarterly Review assessment for each resident in the facility at least

every 92 days. The requirements for PPS specify that a Medicare 90-day

assessment be completed for each patient whose stay is still covered

under Medicare. To minimize burden on facility staff, the Medicare 90-

day assessment that is completed to meet PPS requirements may also be

used to meet the clinical requirements at Sec. 483.20 for completion of

a Quarterly Review assessment. In this case, the ``Reason for

Assessment'' item on the assessment would be coded both as a

``Quarterly Review'' assessment, and as a Medicare 90-day assessment.

Although the PPS rules allow a 5-day grace period in completing the

Medicare 90-day assessment, the Quarterly Review assessment must be

completed within 92 days of completion of the last assessment.

Therefore, if a facility is using the Medicare 90-day assessment to

also meet the requirement for the Quarterly Review assessment, the

assessment must be completed within 92 days of completion of the prior

assessment, and only 2 days of the 5-day grace period could apply.

Facilities must also adhere to Federal regulations that require a

comprehensive reassessment if the patient experiences a significant

change in status. A significant change is a major change in a patient's

status that is not self-limiting, affects more than one area of his

health status, and requires interdisciplinary review. Accordingly, a

patient must be reassessed whenever significant improvement or decline

is consistently noted by facility staff. The current guidelines for

determining a significant change in the patient's status are listed in

the Long Term Care Resident Assessment Instrument User's Manual. These

include, for example, a change in the patient's decision-making

abilities from 0 or 1 to 2 or 3 on item B4 of the MDS 2.0. As a

complement to these standard guidelines, we are requiring under PPS,

that a comprehensive assessment be performed when a patient's

rehabilitation service is discontinued unless the patient is physically

discharged from the facility. For those rare instances in which a

Significant Change in Status assessment is not clinically warranted,

but rehabilitative services are discontinued, we are requiring a

comprehensive assessment to be coded as ``Other Medicare Required

Assessment.''

The assessment reference date for this assessment may be no earlier

than 8 days after the conclusion of all rehabilitative therapies and no

later than 10 days after the conclusion of such services. If the

patient expires or is discharged from the facility, no

[[Page 26267]]

assessment is required. This assessment will result in a new case-mix

classification for the patient and a new rate of payment. The new

classification and payment rate will be effective as of the assessment

reference date of this comprehensive assessment. If the resulting new

classification is below those groups deemed covered by Medicare in the

RUG-III hierarchy and the patient would not be covered by the existing

administrative criteria for making SNF level of care determinations, a

``continued stay'' denial notice should be issued.

A Significant Change in Status assessment or Other Medicare

Required Assessment that falls during the assessment window of a

Medicare mandated assessment may take the place of one of the regularly

scheduled assessments. If the assessment reference date of an Other

Medicare Required Assessment or a Significant Change in Status

assessment coincides with the range of days allowable for use as the

assessment reference date for a regularly scheduled Medicare

assessment, a single assessment may be coded as both a Significant

Change in Status or Other Medicare Required Assessment and as a

regularly scheduled Medicare assessment. For example, a Significant

Change in Status assessment completed on day 28 of the patient's

nursing home stay would replace the 30-day scheduled assessment.

However, a significant change that occurs on day 40 would not replace

any scheduled assessment. Table 2.D below presents the schedule for MDS

completion related to days covered and payment.

Table 2.D.--Medicare Assessment Schedule

----------------------------------------------------------------------------------------------------------------

Number of days

Reason for Assessment reference authorized for Applicable medicare

Medicare MDS assessment type assessment date coverage and payment days

(AA8b code) payment

----------------------------------------------------------------------------------------------------------------

5 day.......................... 1 Days 1-8*.............. 14 1 through 14.

14 day......................... 7 Days 11-14**........... 16 15 through 30.

30 day......................... 2 Days 21-29............. 30 31 through 60.

60 day......................... 3 Days 50-59............. 30 61 through 90.

90 day......................... 4 Days 80-89............. 10 91 through 100.

----------------------------------------------------------------------------------------------------------------

* If a patient expires or transfers to another facility before day 8, the facility will still need to prepare an

MDS as completely as possible for the RUG-III classification and Medicare payment purposes. Otherwise the days

will be paid at the default rate.

**-RAPs follow Federal rules; RAPs must be performed with either the 5-day or 14-day assessment.

SNFs must submit the RAPs with either the 5-day or 14-day

assessment. As noted above, RAPs must be completed as part of any

Significant Change in Status assessments and Other Medicare Required

Assessments that are appropriate. SNFs should consult the current

version of the Long Term Care Resident Assessment Instrument User's

Manual for more specific information regarding the RAPs.

The first MDS assessment for Medicare eligible beneficiaries should

be completed by day 5 of the patient's SNF stay. The admission day

counts as day 1. The Assessment Reference Date for the 5-day assessment

may be any day between days 1 and 5 (although there is a 3-day grace

period to day 8).

As stated in the note following Table 2.D, if a patient expires or

transfers to another facility before day 8, the facility will still

need to prepare an MDS as completely as possible for RUG-III

classification and Medicare payment purposes. Otherwise, the days will

be paid at the default group rate.

Subsequent to the 5-day assessment, the SNF must complete

assessments for each coverage period in accordance with the Medicare

assessment schedule. The staff must use the time periods as specified

in the current Long Term Care Resident Assessment Instrument User's

Manual and must include the assessment reference date/last day of the

observation period to judge the patient's condition except for the

change items found at the end of particular MDS sections. The change

items in Sections B, C, E, G, and H are assessed by referring back to

the reference day of the last MDS completed.

The nurse coordinating the care of a Medicare Part A covered

patient has considerable leeway in determining the reference date for

all assessments after the initial MDS. This should be helpful in making

the assessment schedule required for Medicare coincide with Significant

Change in Status, and Other Medicare Required Assessments that may be

necessary, or in avoiding scheduling or service delivery problems

during holiday periods. The following is an example: Ms. Smith was

admitted on March 21, 1997. The assessment reference date for Ms.

Smith's 14-day assessment was April 2, 1997. The nurse coordinator has

selected April 16, 1997 as the assessment reference date for her 30-day

assessment. In this case, the instructions for the change items should

be interpreted as the period between the assessment reference date of

April 2, 1997 (the 14-day assessment) and the assessment reference date

of April 16, 1997 (the 30-day assessment).

8. The Relationship Between Payment and the MDS

As explained above, each Medicare patient is classified in a RUG-

III group for each assessment period for which he is in a Part A SNF

stay. The group to which the patient classifies is based on the

information about his clinical resource needs as recorded on the MDS

assessment.

Facilities will send each patient's MDS assessments to the State

and claims for Medicare payment to the fiscal intermediary on a 30-day

cycle. Payment will be made according to the RUG-III group(s) recorded

on the claim sent to the fiscal intermediary. For the first 30 days in

an SNF, a Medicare patient will be assessed three times (at 5 days, 14

days, and 30 days) and perhaps more often, if the patient's needs

change requiring additional MDS assessments and care plan

modifications. Any of the assessments performed may result in a RUG-III

classification change.

For example, a facility may have a patient whose first (5-day) MDS

results in assignment to a Special Care group, but whose second

assessment (14-day) indicates an assignment to a High Rehabilitation

group. The facility must record these groups on its claim and will

receive payment at the Special Care group rate for 14 days and then at

the High Rehabilitation group rate for the

[[Page 26268]]

15th through 30th days. If a third MDS is performed during that 30 days

indicating a change in the patient's condition that results in

assignment to yet a third RUG-III group, the facility must record three

groups on its claim to the fiscal intermediary and will receive payment

accordingly for the days in the third RUG-III group. Table 2.D shows

the relationship of the billing cycle to the MDS submissions.

9. Assessments and the Transition to the Prospective Payment System

For Medicare patients already in the nursing home during the

facility's transition into the PPS, we are providing several

alternative assessment schedule options from which to choose.

a. Medicare beneficiaries receiving Part A benefits admitted within

the past 30 days. For a Medicare patient in a Part A covered stay,

admitted in the 30 days before the SNF became subject to PPS, who has

had an MDS completed during those 30 days, facility staff may choose to

use the most recent full MDS assessment completed (within the past 30

days) for RUG-III classification. This classification would be

effective on the first day the SNF joins PPS and determines the payment

the SNF receives for the patient for the first 14 days the facility is

in the new system. The next assessment must be completed by the 14th

calendar day of the month the facility entered the PPS.

Another option is for the facility staff to choose to treat the

beneficiary as a ``new'' admission on the first day of the facility's

billing period. In this instance, a Medicare 5-day assessment must be

performed as if the day the facility enters the PPS is day 1 of the

patient's Part A nursing home stay, and then the assessment schedule

followed as it would be for a new admission, as detailed above. There

is no change in the patient's Medicare eligibility or coverage.

Further, no additional days are added to Medicare's 100-day limit.

b. Medicare beneficiaries receiving Part A benefits admitted over

30 days prior. If a Medicare beneficiary was receiving Medicare Part A

benefits for the past 30 days and has not had a full MDS assessment

completed within the past 30 days, the beneficiary is considered a new

admission to the PPS and follows the assessment schedule presented

above (paragraph (a)). The new admission status is only for Medicare

MDS assessment scheduling. There is no change in the patient's Medicare

eligibility or coverage. Further, no additional days are added to

Medicare's 100-day limit.

c. Medicare Part A beneficiaries with less than 14 days of Medicare

eligibility remaining. If the patient has less than 14 days of Medicare

eligibility remaining when the SNF becomes subject to PPS, the facility

has the option of completing an Other Medicare Required assessment or

using the most recent assessment to classify the resident.

These guidelines are intended to maximize the beneficiary's

opportunity to receive Medicare Part A benefits during the facility's

transition from one payment system to another, provided that the

Medicare Part A eligibility rules and coverage guidelines are met.

Facility staff are able to utilize the RUG-III clinical categories to

determine coverage for this group of beneficiaries.

10. Late Assessments

We recognize that the effect on revenue for missing an assessment

can be great. To allow facilities flexibility and to minimize their

revenue loss, we will permit an assessment to be completed as quickly

as possible. Once a late assessment is conducted, the facility should

return to the regular Medicare assessment schedule.

Frequent late assessments may result in an on-site review of

assessment scheduling practices for the facility. Also, facilities need

to be aware that assessments not completed within Federal timeframes

established at Sec. 483.20 may be cited as evidence of regulatory

noncompliance.

Late 5-day assessments. As discussed above, the assessment

reference date for a 5-day assessment may be set as early as day 1 or

as late as day 5 of the patient's stay. However, in the event of a late

5-day assessment, a facility will be allowed to use up to and including

day 8 as the assessment reference date with no financial penalty. This

means that the facility may set an assessment reference date that is up

to 3 days beyond the regular schedule and still receive the RUG-III

rate calculated from the late assessment for the entire 14-day period

of service covered by the 5-day assessment.

A 5-day assessment with an assessment reference date of day 9 or

later will be paid at the RUG-III default rate for all 8 or more days

of service provided before the assessment reference date of the late or

missed assessment. The RUG-III rate calculated from the late assessment

will be paid starting on the assessment reference date entered on the

late assessment through day 14.

Late 14-day assessments. In order for an SNF to be in compliance

with the requirements for Medicare or Medicaid certification, a

comprehensive assessment must be performed for each patient in the

facility by day 14. Therefore, unless the 5-day assessment included the

RAPs, the 14-day assessment must include RAPs and must be completed by

day 14. If the RAPs were completed with the 5-day assessment, then this

assessment counts as the admission assessment and should be coded as

both a Medicare 5-day assessment and as the admission assessment. When

the 5-day assessment is the admission assessment (that is, it includes

the RAPs), then no RAPs are required with the 14-day assessment, and

the 14-day assessment may have an assessment reference date through day

19, and a 5-day grace period like that allowed for the 30- and 60-day

assessments.

Late 30-day, 60-day, or 90-day assessments. A 5-day grace period is

permitted for late 30- or 60-day assessments with no financial penalty.

This means that the facility may set an assessment reference date that

is up to 5 days beyond the regular schedule and still receive the RUG-

III rate calculated from the late assessment for the entire period of

service covered by the assessment.

To be in compliance with the requirements for Medicare and Medicaid

certification, facilities must perform assessments quarterly. For this

reason, the 90-day assessment grace period is only 2 days, in agreement

with that allowed by the certification requirement. The latest that the

first quarterly assessment may be completed is on day 92. The 90-day

assessment should be coded both as a Medicare 90-day assessment and a

quarterly review assessment.

Assessments that have an assessment reference date that is 6 or

more days beyond the regular schedule will result in a payment at the

RUG-III default rate for those 5 or more days of service without a

current assessment. The RUG-III rate calculated from the late

assessment will be paid starting on the day of the assessment reference

date entered on the late assessment.

In the case of an error on an MDS that has been locked (in

accordance with the requirements set forth at Sec. 483.20(f)), the

facility must follow the normal MDS correction procedures. These

procedures may require that the facility perform a Significant Change

in Status assessment or a ``significant correction'' assessment. If

appropriate, the facility must perform a new assessment with a new

assessment reference period and then submit this new assessment.

Payment will be based on the new assessment reference date if

appropriate.

[[Page 26269]]

11. The Default Rate

As described above, assessments are completed by SNFs according to

an assessment schedule specifically designed for Medicare payment, and

each assessment applies to specific days within a resident's SNF stay

for purposes of making that payment. Compliance with this assessment

schedule is critical to ensure that the appropriate level of payment is

made by Medicare and the quality of Medicare SNF services is maintained

under the PPS. Accordingly, SNFs that fail to perform assessments

timely are to be paid a RUG-III default rate for the days of a

patient's care for which they are not in compliance with this schedule

(assuming that they submit sufficient documentation in lieu of a

completed assessment to enable the fiscal intermediary to establish

coverage under the existing administrative criteria used for this

purpose, as discussed in section II.D of this rule). The RUG-III

default rate takes the place of the otherwise applicable Federal rate

(it does not supersede the facility-specific portion of the blended

rate used for the transition period--see section III of this rule).

The RUG-III default rate may be lower than the Federal rate that

would have been paid for a patient had an SNF submitted an assessment

in accordance with the prescribed assessment schedule. For the initial

period of the PPS, the RUG-III default rate is $117.15 per day for

urban SNFs and $116.85 per day for rural SNFs. This rate equals the

lowest Federal rate category (PA1) listed in Tables 2.G and 2.H. and is

subject to the wage index adjustment.

12. Case-Mix Adjusted Federal Payment Rates

Application of the case-mix indices to the per diem Federal rates

presented in Tables 2.A and 2.B result in 44 separate case-mix adjusted

payment rates corresponding to the 44 separate RUG-III classification

groups described above (see Tables 2.E and 2.F). The case-mix adjusted

payment rates are listed separately for urban and rural SNFs (44 each)

in Tables 2.E and 2.F below along with the corresponding case-mix index

values. The rates are listed in total and by component. The application

of the wage index, described later in this section, is the final

adjustment applied to the Federal rates.

BILLING CODE 4120-01-P

[[Page 26270]]

[GRAPHIC] [TIFF OMITTED] TR12MY98.000

[[Page 26271]]

[GRAPHIC] [TIFF OMITTED] TR12MY98.001

[[Page 26272]]

[GRAPHIC] [TIFF OMITTED] TR12MY98.002

[[Page 26273]]

[GRAPHIC] [TIFF OMITTED] TR12MY98.003

BILLING CODE 4120-01-C

[[Page 26274]]

C. Wage Index Adjustment to Federal Rates

Section 1888(e)(4)(G)(ii) of the Act requires that we provide for

adjustments to the Federal rates to account for differences in area

wage levels using ``an appropriate wage index as determined by the

Secretary.'' As discussed elsewhere in this rule, for the rates

effective with this rule, we are using wage index values that are based

on hospital wage data from cost reporting periods beginning in fiscal

year 1994--the most recent hospital wage data in effect before the

effective date of this rule. Accordingly, the wage values used in this

rule are based on the same wage data as used to compute the wage index

values for the hospital prospective payment system for discharges

occurring in fiscal year 1998. To compute the SNF wage index values,

HCFA groups wage data from all hospitals by urban (MSA) and rural area.

Total wages and hours are summed for all hospitals in each area. An

average hourly wage is computed for each area by dividing the total

wages by the total hours. Wage index values are computed for each area

by comparing the area specific average hourly wage to the national

average hourly wage (computed in a similar manner). (A detailed

description of the methodology used to compute the hospital prospective

payment wage index is set forth in the final rule published in the

Federal Register on August 29, 1997 (62 FR 45966).)

The SNF wage index values are based on the Metropolitan Statistical

Area (MSA) designations in effect prior to publication of this rule.

For purposes of computing SNF wage index values, we are not taking into

account changes in geographic classification for certain rural

hospitals required under section 1886(d)(8)(B) of the Act or geographic

reclassifications based on decisions of the Medicare Geographic

Classification Review Board or the Secretary under section 1886(d)(10)

of the Act. For SNF routine cost limits established under section

1888(a) of the Act and in effect for cost reporting periods beginning

prior to July 1, 1998, HCFA has always applied a hospital wage index

that does not reflect geographic reclassifications. Changing the basis

of the wage index now would likely have a distributional impact on

payments. In consideration of this and the fact that HCFA may be

changing to a SNF wage index in the near future (which could also have

distributional effects), we find it appropriate to employ a hospital

wage index that does not reflect these reclassifications. Accordingly,

we continue to believe that the MSA (or non-MSA) designation provides

the best method for determining the wage index values used for SNF

payments and the physical location of hospitals is the appropriate

basis upon which to construct the wage index.

Table 2.I at the end of this section presents the wage indices

applicable to urban and rural areas for use in making geographic

adjustments to the Federal rates. Similar to the methodology described

earlier relating to the standardization of the cost data for geographic

differences in wage levels, the wage index adjustment is applied to the

labor-related portion of the Federal rate, which is 75.888 percent of

the total rate. The schedule of Federal rates below shows the Federal

rates by labor-related and non-labor related components. Instructions

and an example related to the application of the wage index to the

case-mix adjusted rates are provided following the table.

In addition, section 1888(e)(4)(G) of the Act requires that the

wage index adjustment to the Federal rates be made in a manner that

does not result in aggregate payments that are greater or less than

those that would otherwise be made if the rates were not adjusted by

the wage index. In the initial year of the PPS, this requirement is

addressed through the standardization methodology, described earlier,

which ensures that the application of the wage index has no effect on

the level of aggregate payments (that is, any effects are purely

distributional). In future years, HCFA must make wage index budget

neutrality adjustment in updating the payment rates.

Table 2.G.--Case Mix Adjusted Federal Rates for Urban SNFs by Labor and Non-Labor Component

----------------------------------------------------------------------------------------------------------------

Total

RUGs III category Labor- Non-labor Federal

related related rate

----------------------------------------------------------------------------------------------------------------

RUC...................................................................... $291.57 $92.64 $384.21

RUB...................................................................... 262.50 83.40 345.90

RUA...................................................................... 248.37 78.91 327.28

RVC...................................................................... 224.74 71.41 296.15

RVB...................................................................... 217.27 69.03 286.30

RVA...................................................................... 198.16 62.96 261.12

RHC...................................................................... 206.06 65.47 271.53

RHB...................................................................... 189.45 60.19 249.64

RHA...................................................................... 173.66 55.18 228.84

RMC...................................................................... 202.88 64.46 267.34

RMB...................................................................... 181.27 57.60 238.87

RMA...................................................................... 170.47 54.17 224.64

RLB...................................................................... 161.60 51.35 212.95

RLA...................................................................... 135.85 43.16 179.01

SE3...................................................................... 191.93 60.98 252.91

SE2...................................................................... 166.17 52.80 218.97

SE1...................................................................... 147.89 46.99 194.88

SSC...................................................................... 144.57 45.93 190.50

SSB...................................................................... 137.92 43.82 181.74

SSA...................................................................... 134.59 42.77 177.36

CC2...................................................................... 143.74 45.67 189.41

CC1...................................................................... 132.94 42.24 175.18

CB2...................................................................... 126.29 40.13 166.42

CB1...................................................................... 120.47 38.28 158.75

CA2...................................................................... 119.65 38.01 157.66

CA1...................................................................... 113.00 35.90 148.90

IB2...................................................................... 108.01 34.32 142.33

[[Page 26275]]

IB1...................................................................... 106.35 33.79 140.14

IA2...................................................................... 98.04 31.15 129.19

IA1...................................................................... 94.72 30.09 124.81

BB2...................................................................... 107.18 34.06 141.24

BB1...................................................................... 104.69 33.26 137.95

BA2...................................................................... 97.21 30.89 128.10

BA1...................................................................... 90.56 28.78 119.34

PE2...................................................................... 116.32 36.96 153.28

PE1...................................................................... 114.66 36.43 151.09

PD2...................................................................... 110.51 35.11 145.62

PD1...................................................................... 108.85 34.58 143.43

PC2...................................................................... 104.69 33.26 137.95

PC1...................................................................... 103.86 33.00 136.86

PB2...................................................................... 93.05 29.57 122.62

PB1...................................................................... 92.23 29.30 121.53

PA2...................................................................... 91.40 29.04 120.44

PA1...................................................................... 88.90 28.25 117.15

----------------------------------------------------------------------------------------------------------------

Table 2.H.--Case Mix Adjusted Federal Rates for Rural SNFs by Labor and Non-Labor Component

----------------------------------------------------------------------------------------------------------------

Total

RUGs III category Labor- Non-labor Federal

related related rate

----------------------------------------------------------------------------------------------------------------

RUC...................................................................... $309.77 $98.42 $408.19

RUB...................................................................... 281.92 89.57 371.49

RUA...................................................................... 268.39 85.27 353.66

RVC...................................................................... 235.35 74.78 310.13

RVB...................................................................... 228.20 72.50 300.70

RVA...................................................................... 209.88 66.69 276.57

RHC...................................................................... 211.64 67.24 278.88

RHB...................................................................... 195.72 62.18 257.90

RHA...................................................................... 180.60 57.38 237.98

RMC...................................................................... 206.48 65.60 272.08

RMB...................................................................... 186.78 59.03 244.81

RMA...................................................................... 175.43 55.74 231.17

RLB...................................................................... 162.73 51.71 214.44

RLA...................................................................... 138.06 43.86 181.92

SE3...................................................................... 187.38 59.53 246.91

SE2...................................................................... 162.70 51.69 214.39

SE1...................................................................... 145.19 46.13 191.32

SSC...................................................................... 142.00 45.12 187.12

SSB...................................................................... 135.63 43.10 178.73

SSA...................................................................... 132.45 42.09 174.54

CC2...................................................................... 141.21 44.87 186.08

CC1...................................................................... 130.86 41.58 172.44

CB2...................................................................... 124.49 39.56 164.05

CB1...................................................................... 118.92 37.79 156.71

CA2...................................................................... 118.13 37.53 155.66

CA1...................................................................... 111.76 35.51 147.27

IB2...................................................................... 106.99 33.99 140.98

IB1...................................................................... 105.39 33.49 138.88

IA2...................................................................... 97.43 30.96 128.39

IA1...................................................................... 94.25 29.95 124.20

BB2...................................................................... 106.19 33.74 139.93

BB1...................................................................... 103.80 32.98 136.78

BA2...................................................................... 96.64 30.70 127.34

BA1...................................................................... 90.27 28.68 118.95

PE2...................................................................... 114.95 36.52 151.47

PE1...................................................................... 113.35 36.02 149.37

PD2...................................................................... 109.37 34.75 144.12

PD1...................................................................... 107.78 34.25 142.03

PC2...................................................................... 103.80 32.98 136.78

PC1...................................................................... 103.00 32.73 135.73

PB2...................................................................... 92.66 29.44 122.10

PB1...................................................................... 91.86 29.19 121.05

PA2...................................................................... 91.07 28.93 120.00

PA1...................................................................... 88.68 28.17 116.85

----------------------------------------------------------------------------------------------------------------

[[Page 26276]]

For any RUG-III group, to compute a wage adjusted Federal payment

rate applicable to the initial period of the PPS, the labor related

portion of the payment rate is multiplied by the SNF's appropriate wage

index factor listed in Table 2.I. The product of that calculation is

added to the corresponding non-labor related component. The resulting

amount is the Federal rate applicable to a patient in that RUG-III

group for that SNF. See the example below.

ABC SNF is located in State College, Pennsylvania. The per diem

Federal rate applicable to an Ultra High Rehabilitation `A' patient

(RUA) is calculated using the rates listed in Table 2.G and the wage

index factor found in Table 2.I. Accordingly, the computation of the

adjusted per diem rate is made as follows:

(248.37 x .9635)+78.91=$318.21 per diem.

This Federal rate will be applicable to all patients in the RUA

category for Happy Valley SNF for the initial period of the PPS (July

1, 1998 through September 30, 1999).

D. Updates to the Federal Rates

For the initial period of the PPS beginning on July 1, 1998 and

ending on September 30, 1999, the payment rates are those contained in

this interim final rule. In accordance with section 1888(e)(4)(H) of

the Act, for each succeeding fiscal year, we will publish the rates in

the Federal Register before August 1 of the year preceding the affected

Federal fiscal year.

For fiscal years 2000 through 2002, section 1888(e)(4)(E)(ii) of

the Act requires that the rates be increased by a factor equal to the

SNF market basket index change minus 1 percentage point. In addition,

for subsequent fiscal years, this section requires the rates to be

increased by the applicable SNF market basket index change.

Section 1888(e)(4)(F) of the Act provides that the Secretary

``may'' adjust the unadjusted Federal per diem rates if the Secretary

``determines that the adjustments under subparagraph (G)(i) for a

previous fiscal year (or estimates that such adjustments for a future

fiscal year) did (or are likely to) result in a change in aggregate

payments'' during the fiscal year because of changes in the aggregate

case-mix of the Medicare patient population that are not related to

actual patient condition (that is, ``case-mix creep''). HCFA is

currently developing a methodology to implement this adjustment.

In addition, since enactment of the BBA 1997, various suggestions

have been made relating to adjustments to the rates promulgated in this

interim final regulation. Some have suggested that the rates should be

increased to reflect such factors as additional nursing care, the

future growth of subacute care practices, specific services, and other

items that may not be accurately reflected in the rates, etc. Other

suggestions have related to downward adjustments to the rates to

reflect the presence of inappropriate care or payments in the 1995 cost

data used to establish the rates promulgated in this rule. For example,

concerns have been raised regarding whether these data are inflated,

reflecting medically unnecessary care and/or improper payments related

to therapies and other ancillary services and that the inclusion of

such costs results in inappropriately high payments to SNFs under the

PPS. Studies by the Office of the Inspector General (OIG) and HCFA

program integrity activities have found that incorrect payments have

been made to SNFs in the past. One way to remove such costs from the

data is the application of adjustments to the 1995 data base and

recomputing the payment rates. However, the magnitude of these

incorrect payments is not definitively known at this time. Therefore,

the OIG, in conjunction with HCFA, is proposing to examine the extent

to which the base period costs reflect costs that were inappropriately

allowed. If this examination reveals excessive inappropriate costs, we

would address this issue in a future proposed rule, or perhaps seek

legislation to adjust future payment rates downward.

Table 2.I.--Wage Index for Urban Areas

------------------------------------------------------------------------

Wage

Urban Area (Constituent counties or county equivalents) index

------------------------------------------------------------------------

0040 Abilene, TX............................................. 0.8287

Taylor, TX

0060 Aguadilla, PR........................................... 0.4188

Aguada, PR

Aguadilla, PR

Moca, PR

0080 Akron, OH............................................... 0.9772

Portage, OH

Summit, OH

0120 Albany, GA.............................................. 0.7914

Dougherty, GA

Lee, GA

0160 Albany-Schenectady-Troy, NY............................. 0.8480

Albany, NY

Montgomery, NY

Rensselaer, NY

Saratoga, NY

Schenectady, NY

Schoharie, NY

0200 Albuquerque, NM......................................... 0.9309

Bernalillo, NM

Sandoval, NM

Valencia, NM

0220 Alexandria, LA.......................................... 0.8162

Rapides, LA

0240 Allentown-Bethlehem-Easton, PA.......................... 1.0086

Carbon, PA

Lehigh, PA

Northampton, PA

0280 Altoona, PA............................................. 0.9137

Blair, PA

0320 Amarillo, TX............................................ 0.9425

Potter, TX

Randall, TX

0380 Anchorage, AK........................................... 1.2842

Anchorage, AK

0440 Ann Arbor, MI........................................... 1.1785

Lenawee, MI

Livingston, MI

Washtenaw, MI

0450 Anniston, AL............................................ 0.8266

Calhoun, AL

0460 Appleton-Oshkosh-Neenah, WI............................. 0.8996

Calumet, WI

Outagamie, WI

Winnebago, WI

0470 Arecibo, PR............................................. 0.4218

Arecibo, PR

Camuy, PR

Hatillo, PR

0480 Asheville, NC........................................... 0.9072

Buncombe, NC

Madison, NC

0500 Athens, GA.............................................. 0.9087

Clarke, GA

Madison, GA

Oconee, GA

0520 Atlanta, GA............................................. 0.9823

Barrow, GA

Bartow, GA

Carroll, GA

Cherokee, GA

Clayton, GA

Cobb, GA

Coweta, GA

De Kalb, GA

Douglas, GA

Fayette, GA

Forsyth, GA

Fulton, GA

Gwinnett, GA

Henry, GA

Newton, GA

Paulding, GA

Pickens, GA

Rockdale, GA

Spalding, GA

Walton, GA

0560 Atlantic City-Cape May, NJ.............................. 1.1155

Atlantic City, NJ

Cape May, NJ

0600 Augusta-Aiken, GA-SC.................................... 0.9333

Columbia, GA

McDuffie, GA

Richmond, GA

Aiken, SC

Edgefield, SC

0640 Austin-San Marcos, TX................................... 0.9133

[[Page 26277]]

Bastrop, TX

Caldwell, TX

Hays, TX

Travis, TX

Williamson, TX

0680 Bakersfield, CA......................................... 1.0014

Kern, CA

0720 Baltimore, MD........................................... 0.9689

Anne Arundel, MD

Baltimore, MD

Baltimore City, MD

Carroll, MD

Harford, MD

Howard, MD

Queen Annes, MD

0733 Bangor, ME.............................................. 0.9478

Penobscot, ME

0743 Barnstable-Yarmouth, MA................................. 1.4291

Barnstable, MA

0760 Baton Rouge, LA......................................... 0.8382

Ascension, LA

East Baton Rouge, LA

Livingston, LA

West Baton Rouge, LA

0840 Beaumont-Port Arthur, TX................................ 0.8593

Hardin, TX

Jefferson, TX

Orange, TX

0860 Bellingham, WA.......................................... 1.1221

Whatcom, WA

0870 Benton Harbor, MI....................................... 0.8634

Berrien, MI

0875 Bergen-Passaic, NJ...................................... 1.2156

Bergen, NJ

Passaic, NJ

0880 Billings, MT............................................ 0.9783

Yellowstone, MT

0920 Biloxi-Gulfport-Pascagoula, MS.......................... 0.8415

Hancock, MS

Harrison, MS

Jackson, MS

0960 Binghamton, NY.......................................... 0.8914

Broome, NY

Tioga, NY

1000 Birmingham, AL.......................................... 0.9005

Blount, AL

Jefferson, AL

St Clair, AL

Shelby, AL

1010 Bismarck, ND............................................ 0.7695

Burleigh, ND

Morton, ND

1020 Bloomington, IN......................................... 0.9128

Monroe, IN

1040 Bloomington-Normal, IL.................................. 0.8733

McLean, IL

1080 Boise City, ID.......................................... 0.8856

Ada, ID

Canyon, ID

1123 Boston-Worcester-Lawrence-Lowell-Brockton, MA-NH........ 1.1506

Bristol, MA

Essex, MA

Middlesex, MA

Norfolk, MA

Plymouth, MA

Suffolk, MA

Worcester, MA

Hillsborough, NH

Merrimack, NH

Rockingham, NH

Strafford, NH

1125 Boulder-Longmont, CO.................................... 1.0015

Boulder, CO

1145 Brazoria, TX............................................ 0.9341

Brazoria, TX

1150 Bremerton, WA........................................... 1.0999

Kitsap, WA

1240 Brownsville-Harlingen-San Benito, TX.................... 0.8740

Cameron, TX

1260 Bryan-College Station, TX............................... 0.8571

Brazos, TX

1280 Buffalo-Niagara Falls, NY............................... 0.9272

Erie, NY

Niagara, NY

1303 Burlington, VT.......................................... 1.0142

Chittenden, VT

Franklin, VT

Grand Isle, VT

1310 Caguas, PR.............................................. 0.4459

Caguas, PR

Cayey, PR

Cidra, PR

Gurabo, PR

San Lorenzo, PR

1320 Canton-Massillon, OH.................................... 0.8961

Carroll, OH

Stark, OH

1350 Casper, WY.............................................. 0.9013

Natrona, WY

1360 Cedar Rapids, IA........................................ 0.8529

Linn, IA

1400 Champaign-Urbana, IL.................................... 0.8824

Champaign, IL

1440 Charleston-North Charleston, SC......................... 0.8807

Berkeley, SC

Charleston, SC

Dorchester, SC

1480 Charleston, WV.......................................... 0.9142

Kanawha, WV

Putnam, WV

1520 Charlotte-Gastonia-Rock Hill, NC-SC..................... 0.9710

Cabarrus, NC

Gaston, NC

Lincoln, NC

Mecklenburg, NC

Rowan, NC

Stanly, NC

Union, NC

York, SC

1540 Charlottesville, VA..................................... 0.9051

Albemarle, VA

Charlottesville City, VA

Fluvanna, VA

Greene, VA

1560 Chattanooga, TN-GA...................................... 0.8658

Catoosa, GA

Dade, GA

Walker, GA

Hamilton, TN

Marion, TN

1580 Cheyenne, WY............................................ 0.7555

Laramie, WY

1600 Chicago, IL............................................. 1.0860

Cook, IL

De Kalb, IL

Du Page, IL

Grundy, IL

Kane, IL

Kendall, IL

Lake, IL

McHenry, IL

Will, IL

1620 Chico-Paradise, CA...................................... 1.0429

Butte, CA

1640 Cincinnati, OH-KY-IN.................................... 0.9474

Dearborn, IN

Ohio, IN

Boone, KY

Campbell, KY

Gallatin, KY

Grant, KY

Kenton, KY

Pendleton, KY

Brown, OH

Clermont, OH

Hamilton, OH

Warren, OH

1660 Clarksville-Hopkinsville, TN-KY......................... 0.7852

Christian, KY

Montgomery, TN

1680 Cleveland-Lorain-Elyria, OH............................. 0.9804

Ashtabula, OH

Cuyahoga, OH

Geauga, OH

Lake, OH

Lorain, OH

Medina, OH

1720 Colorado Springs, CO.................................... 0.9316

El Paso, CO

1740 Columbia, MO............................................ 0.9001

Boone, MO

1760 Columbia, SC............................................ 0.9192

Lexington, SC

Richland, SC

1800 Columbus, GA-AL......................................... 0.8288

Russell, AL

Chattanoochee, GA

Harris, GA

Muscogee, GA

1840 Columbus, OH............................................ 0.9793

Delaware, OH

Fairfield, OH

Franklin, OH

Licking, OH

Madison, OH

Pickaway, OH

1880 Corpus Christi, TX...................................... 0.8945

Nueces, TX

San Patricio, TX

1900 Cumberland, MD-WV....................................... 0.8822

Allegany, MD

Mineral, WV

1920 Dallas, TX.............................................. 0.9703

Collin, TX

Dallas, TX

Denton, TX

Ellis, TX

Henderson, TX

Hunt, TX

Kaufman, TX

Rockwall, TX

[[Page 26278]]

1950 Danville, VA............................................ 0.8146

Danville City, VA

Pittsylvania, VA

1960 Davenport-Moline-Rock Island, IA-IL..................... 0.8405

Scott, IA

Henry, IL

Rock Island, IL

2000 Dayton-Springfield, OH.................................. 0.9584

Clark, OH

Greene, OH

Miami, OH

Montgomery, OH

2020 Daytona Beach, FL....................................... 0.8375

Flagler, FL

Volusia, FL

2030 Decatur, AL............................................. 0.8286

Lawrence, AL

Morgan, AL

2040 Decatur, IL............................................. 0.7915

Macon, IL

2080 Denver, CO.............................................. 1.0386

Adams, CO

Arapahoe, CO

Denver, CO

Douglas, CO

Jefferson, CO

2120 Des Moines, IA.......................................... 0.8837

Dallas, IA

Polk, IA

Warren, IA

2160 Detroit, MI............................................. 1.0825

Lapeer, MI

Macomb, MI

Monroe, MI

Oakland, MI

St Clair, MI

Wayne, MI

2180 Dothan, AL.............................................. 0.8070

Dale, AL

Houston, AL

2190 Dover, DE............................................... 0.9303

Kent, DE

2200 Dubuque, IA............................................. 0.8088

Dubuque, IA

2240 Duluth-Superior, MN-WI.................................. 0.9779

St Louis, MN

Douglas, WI

2281 Dutchess County, NY..................................... 1.0632

Dutchess, NY

2290 Eau Claire, WI.......................................... 0.8764

Chippewa, WI

Eau Claire, WI

2320 El Paso, TX............................................. 1.0123

El Paso, TX

2330 Elkhart-Goshen, IN...................................... 0.9081

Elkhart, IN

2335 Elmira, NY.............................................. 0.8247

Chemung, NY

2340 Enid, OK................................................ 0.7962

Garfield, OK

2360 Erie, PA................................................ 0.8862

Erie, PA

2400 Eugene-Springfield, OR.................................. 1.1435

Lane, OR

2440 Evansville-Henderson, IN-KY............................. 0.8641

Posey, IN

Vanderburgh, IN

Warrick, IN

Henderson, KY

2520 Fargo-Moorhead, ND-MN................................... 0.8837

Clay, MN

Cass, ND

2560 Fayetteville, NC........................................ 0.8734

Cumberland, NC

2580 Fayetteville-Springdale-Rogers, AR...................... 0.7461

Benton, AR

Washington, AR

2620 Flagstaff, AZ-UT........................................ 0.9115

Coconino, AZ

Kane, UT

2640 Flint, MI............................................... 1.1171

Genesee, MI

2650 Florence, AL............................................ 0.7551

Colbert, AL

Lauderdale, AL

2655 Florence, SC............................................ 0.8711

Florence, SC

2670 Fort Collins-Loveland, CO............................... 1.0248

Larimer, CO

2680 Ft Lauderdale, FL....................................... 1.0448

Broward, FL

2700 Fort Myers-Cape Coral, FL............................... 0.8788

Lee, FL

2710 Fort Pierce-Port St. Lucie, FL.......................... 1.0257

Martin, FL

St. Lucie, FL

2720 Fort Smith, AR-OK....................................... 0.7769

Crawford, AR

Sebastian, AR

Sequoyah, OK

2750 Fort Walton Beach, FL................................... 0.8765

Okaloosa, FL

2760 Fort Wayne, IN.......................................... 0.8901

Adams, IN

Allen, IN

De Kalb, IN

Huntington, IN

Wells, IN

Whitley, IN

2800 Forth Worth-Arlington, TX............................... 0.9979

Hood, TX

Johnson, TX

Parker, TX

Tarrant, TX

2840 Fresno, CA.............................................. 1.0607

Fresno, CA

Madera, CA

2880 Gadsden, AL............................................. 0.8815

Etowah, AL

2900 Gainesville, FL......................................... 0.9616

Alachua, FL

2920 Galveston-Texas City, TX................................ 1.0564

Galveston, TX

2960 Gary, IN................................................ 0.9633

Lake, IN

Porter, IN

2975 Glens Falls, NY......................................... 0.8386

Warren, NY

Washington, NY

2980 Goldsboro, NC........................................... 0.8443

Wayne, NC

2985 Grand Forks, ND-MN...................................... 0.8745

Polk, MN

Grand Forks, ND

2995 Grand Junction, CO....................................... 0.9090

Mesa, CO

3000 Grand Rapids-Muskegon-Holland, MI....................... 1.0147

Allegan, MI

Kent, MI

Muskegon, MI

Ottawa, MI

3040 Great Falls, MT......................................... 0.8803

Cascade, MT

3060 Greeley, CO............................................. 1.0097

Weld, CO

3080 Green Bay, WI........................................... 0.9097

Brown, WI

3120 Greensboro-Winston-Salem-High Point, NC................. 0.9351

Alamance, NC

Davidson, NC

Davie, NC

Forsyth, NC

Guilford, NC

Randolph, NC

Stokes, NC

Yadkin, NC

3150 Greenville, NC.......................................... 0.9064

Pitt, NC

3160 Greenville-Spartanburg-Anderson, SC..................... 0.9059

Anderson, SC

Cherokee, SC

Greenville, SC

Pickens, SC

Spartanburg, SC

3180 Hagerstown, MD.......................................... 0.9681

Washington, MD

3200 Hamilton-Middletown, OH................................. 0.8767

Butler, OH

3240 Harrisburg-Lebanon-Carlisle, PA......................... 1.0187

Cumberland, PA

Dauphin, PA

Lebanon, PA

Perry, PA

3283 Hartford, CT............................................ 1.2562

Hartford, CT

Litchfield, CT

This text is long and has been trimmed here. Open the source document for the complete record.

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