(a) In this section, retroactive vendor payment is payment DADS makes retroactively to a nursing facility for services the nursing facility provided to an individual who was eligible for, but had not yet applied for, Medicaid. A nursing facility is eligible for up to three months retroactive vendor payment for services it provided, if:      
        (1) the individual resided in a Medicaid-certified nursing facility, or a distinct part, during the time services were provided;       
        (2) the individual did not receive Supplemental Security Income cash benefits;       
        (3) the individual met Medicaid financial eligibility requirements;       
        (4) the state Medicaid claims administrator has a current MDS assessment  for the individual that the facility submitted in compliance with the federal MDS submission requirements; and       
        (5) the nursing facility met physician certification and plan of care requirements during the time services were provided.       
      (b) After receipt of an application for Medicaid, Texas Health and Human Services Commission (HHSC) Medicaid eligibility staff notify the applicant whether the applicant meets financial eligibility. The state Medicaid claims administrator uses the applicant's current MDS assessment to make the MN determination and determine the effective date of the MN determination. For the purpose of establishing three months prior eligibility, the effective date of the MN determination for a new recipient is the  first day of the month in which the recipient qualified for MN.     
      (c) If the requirements in subsection (a) of this section are met, DADS makes a retroactive vendor payment based on the recipient's calculated RUG rate for the period covered by the retroactive vendor payment.     
      (d) DADS or HHSC may verify that the recipient's record includes the required physician's certification, recertification, and plans of care, and that the plans were reviewed as required during the applicable periods.     
      (e) If a recipient paid the nursing facility for services for which the facility later receives retroactive vendor payment, the facility must reimburse the recipient the full amount the recipient paid, beginning with the effective date  of Medicaid eligibility, minus any applied income or co-payment as determined by HHSC Medicaid eligibility staff.     
     Source Note:        The provisions of this §554.2611 adopted to be September 3, 2008, 33 TexReg 7264; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871