State Operations Manual (Pub. 100-07), Ch. 7 § 7213.8
State Budget and Payment for Expenses
7213.8 - State Budget and Payment for Expenses
(Rev. 118, Issued: 06-12-14, Effective: 01-01-12, Implementation: 01-01-12)
Costs incurred by the State survey agency for conducting Independent IDRs are eligible
for federal funding using standard cost allocation principles. If the State has a State law
or regulation that obliges the State to offer an Independent IDR, or specifies the manner
in which an Independent IDR is to be provided, or who must provide the Independent
IDR, then the State must use the existing cost allocation methodology and proportions in
place for the State’s surveys of Skilled Nursing Facilities (SNF)/Nursing Facilities (NF),
with costs allocated between Medicare, Medicaid, and State-only sources, as appropriate.
In all other cases, the costs should be allocated between Medicare and Medicaid using the
existing cost allocation methodology and proportions in place for the State’s surveys of
Skilled Nursing Facilities (SNF)/Nursing Facilities (NF), but adjusted for the absence of
a State-only share (that is, there would not need to be State-only funds beyond the
requirement for State match for the Medicaid portion).
States may not charge facilities for the Independent IDR process required under 42
C.F.R. §488.431. For deficiencies that are the basis for a CMP which is not collected and
placed in escrow under §488.431(b), or for deficiencies that lead to the imposition of
another remedy that is not a CMP, a State is not required to provide Independent IDR. In
situations where the Independent IDR process is not required but is provided by the State
directly at its option, the State may choose to charge a facility a user fee for those
processes.