NDAC 75-02-06-02
Financial reporting requirements
Cite as N.D. Admin. Code ยง 75-02-06-02
1.
Records.
a.
The facility shall maintain on the premises the required census records and financial
information in a manner sufficient to provide for a proper audit or review. For any cost
being claimed on the cost report, sufficient data must be available as of the audit date to
fully support the report item.
b.
When several facilities are associated with a group and their accounting and reports are
centrally prepared, added information must be submitted, for those items known to be
lacking support at the reporting facility, with the cost report or must be provided to the
local facility prior to the audit or review of the facility. Accounting or financial information
regarding related organizations must be readily available to substantiate cost. Home
office cost reporting and cost allocation must be in conformance with this chapter and
HCFA-15 paragraphs 2150 and 2153.
c.
Each provider shall maintain, for a period of not less than five years following the date of
submission of the cost report to the department, accurate financial and statistical records
of the period covered by such cost report in sufficient detail to substantiate the cost data
reported. Each provider shall make such records available upon reasonable demand to
representatives of the department or to the secretary of health and human services or
representatives of the secretary.
d.
Except for motor vehicles used exclusively for resident-related activities, the provider
shall maintain a mileage log for all motor vehicles which identifies mileage and purpose
of each trip. Vehicle mileage for nonresident-related activities must be documented.
2.
Accounting and reporting requirements.
a.
The accrual basis of accounting, in accordance with generally accepted accounting
principles, must be used for cost reporting purposes. A facility may maintain its
accounting records on a cash basis during the year, but adjustments must be made to
reflect proper accrual accounting procedures at yearend and when subsequently
reported. Ratesetting procedures must prevail if conflicts occur between ratesetting
procedures and generally accepted accounting principles.
b.
To properly facilitate auditing, the accounting system must be maintained in a manner
that allows cost accounts to be grouped by cost center and readily traceable to the cost
report.
c.
No later than October first of each year, each facility shall provide to the department:
(1)
A cost report for the report year ended June thirtieth, on forms prescribed by the
department.
(2)
Except for state-owned facilities, a copy of an audited report of the facility's financial
records from an independent certified public accountant which must include an
audited statement of the rates charged to private-pay residents. The examination
must be conducted in accordance with generally accepted auditing standards. For
provider organizations that operate more than one nursing facility, a consolidated
audit report may be provided. The information must be reconciled to each facility's
cost report.
(3)
A complete statement of fees and charges for private-pay residents for the report
year.
(4)
A statement of ownership for the facility, including the name, address, and
proportion of ownership of each owner.
(a)
If a privately held or closely held corporation or partnership has an ownership
interest in the facility, the facility shall report the name, address, and proportion
of ownership of all owners of the corporation or partnership who have an
ownership interest of five percent or more, except that any owner whose
compensation or portion of compensation is claimed in the facility's cost report
must be identified regardless of the proportion of ownership interest.
(b)
If a publicly held corporation has an ownership interest of fifteen percent or
more in the facility, the facility shall report the name, address, and proportion of
ownership of all owners of the publicly held corporation who have an
ownership interest of ten percent or more.
(5)
Copies of leases, purchase agreements, appraisals, financing arrangements, and
other documents related to the lease or purchase of the facility or a certification that
the content of the document remains unchanged since the most recent statement
given pursuant to this subsection.
(6)
Supplemental information reconciling the costs on the financial statements with
costs on the cost report.
(7)
The following information upon request by the department:
(a)
Access to certified public accountant's audit workpapers that support the
audited financial statements.
(b)
Copies of leases, purchase agreements, and other documents related to the
acquisition of equipment, goods, and services claimed as allowable costs.
(c)
Audited financial statements for any organization, excluding individual nursing
facilities of a chain organization owned in whole or in part by an individual or
entity that has an ownership interest in the facility, together with supplemental
information that reconciles costs on the financial statements to costs for the
report year.
(d)
Audited financial statements for every organization with which the facility
conducts business and is owned in whole or in part by an individual or entity
that has an ownership interest in the facility, together with supplemental
information that reconciles costs on the financial statements to costs for the
report year.
d.
In the event a facility fails to file the required cost report on or before the due date, the
department may reduce the current payment rate to eighty percent of the rate in effect on
October first. Reinstatement of the rate must occur on the first of the month beginning
after receipt of the required information, but is not retroactive.
e.
The facility shall make all adjustments, allocations, and projections necessary to arrive at
allowable costs. The department may reject any cost report when the information filed is
incomplete or inaccurate. If a cost report is rejected, the department may reduce the
current payment rate to eighty percent of its most recently established rate until the
information is completely and accurately filed.
f.
Costs reported must include total costs and be adjusted to allowable costs. Adjustments
required by the provider audit unit, to attain allowable cost, though not meeting the
Medicaid state agency or the state Medicaid investigative group criteria of fraud or abuse
on their initial identification, may, if repeated on future cost filings, be considered as
possible fraud or abuse. The provider audit unit may forward all such items identified to
the appropriate Medicaid investigative group.
g.
The department may grant an extension of the reporting deadline to a facility for good
cause.
3.
The department may perform an audit of the latest available report year of each facility at least
once every six years and retain for at least three years all audit-related documents, including
cost reports, working papers, and internal reports on rate calculations used and generated by
audit staff in performance of audits and in the establishment of rates. Audits must meet
generally accepted governmental auditing standards.
4.
Penalties for false reports.
a.
A false report is one where a facility knowingly supplies inaccurate or false information in
a required report that results in an overpayment. If a false report is received, the
department may:
(1)
Immediately adjust the facility's payment rate to recover the entire overpayment
within the rate year;
(2)
Terminate the department's agreement with the provider;
(3)
Prosecute under applicable state or federal law; or
(4)
Use any combination of the foregoing actions.
b.
The department may determine a report is a false report if a facility claims previously
adjusted costs as allowable costs. Previously adjusted costs being appealed must be
identified as nonallowable costs. The provider may indicate that the costs are under
appeal and not claimed under protest to perfect a claim if the appeal is successful.