Calculation of User Fee

(1) EOHHS or its designee calculates the per diem user fee annually. The user fee is calculated as follows. (a) Determine the amount of revenue to be collected in a fiscal year in accordance with M.G.L. c. 118E, s. 63. (b) Determine the expected number of non-Medicare patient days in Group I facilities. (c) Determine the expected number of non-Medicare patient days in Group II facilities. (d) Determine the standard rate such that the product of estimated non-Medicare patient days in Group I facilities and the Group I facility user fee rate and the product of estimated non- Medicare patient days in Group II facilities and the Group II facility user fee rate equal the amount of revenue to be collected in a fiscal year in accordance with M.G.L. c. 118E, s. 63. (2) Group I will pay the standard rate per non-Medicare patient day. (3) Group II will pay 30% of the standard rate. (4) The total collections for each fiscal year shall equal 6% of the revenues received by the taxpayer class for such fiscal year. (5) (Reserved) (6) For each fiscal year, the Group I and Group II per diem user fee rates shall be established in accordance with 101 CMR 512.04(1) through (4), and shall be published, via Administrative Bulletin, by October 1 each year. Further, if, during the course of a fiscal year, EOHHS determines that the total amount of user fee revenue will be significantly different than previously estimated, it may recalculate the user fee and may change the user fee prospectively by administrative bulletin to reflect such changes based on the methodology described in 101 CMR 512.04(1) through (4).