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available to a small facility; and

(2) small facility use of the administrative appeal provisions of 7 AAC 150.220 is limited to appeal of an action or decision of the department that relates to

(A) the small facility’s eligibility to elect rate setting under this section;

(B) the violation of a term of the rate agreement made under (d) of this section; or

(C) denial of an increase in the prospective payment rate based on a determination made under (g)(4) of this section. (l) A small facility general acute care hospital may elect a new four-year rate agreement under (d) of this section if the facility becomes a combined general acute care hospital-nursing facility. The combined facility may choose this option no more than 30 days after the combination of the two facilities. The payment rate changes become effective the date the facilities combine and will be calculated as follows:

(1) the small facility acute care per-day rate and the nursing facility per-day rate will be calculated at the statewide weighted average of the payment rates in effect for small facilities qualified under (a) of this section as of the date the facilities combine;

(2) the outpatient acute care percentage rate will be calculated as the statewide average of the outpatient payment rates in effect for all qualified general acute care hospital small facilities as of the date the facilities combine. (m) A rate agreement made under (d) of this section may be renewed if the small facility still qualifies under this section. The department will perform a re-basing in accordance with 7 AAC 150.160 for rates for renewed rate agreements established under this section. (Eff. 2/1/2010, Register 193; am 10/1/2017, Register 223; am 7/1/2019, Register 231; am 1/1/2024, Register 248) Statutory Authority: Authority: AS 47.05.010 AS 47.07.071

AS 47.07.070 AS 47.07.073 Editor’s note: The address for filing notifications under 7 AAC 150.190 is Department of Health, Office of Rate Review, 3601 C Street, Suite 978, Anchorage, Alaska 99503.