OAR 411-070-0335
Related Party Transactions
(1)
Costs applicable to services and supplies furnished to a provider by organizations related to the provider by common ownership or control are allowable at the lower of cost excluding profits and markups to the related party or charge to the facility. Such costs are allowable to the extent that they relate to resident care, are reasonable, ordinary, and necessary, and are not in excess of those costs incurred by a prudent cost-conscious buyer. Documentation of costs to related parties (including those identified in OAR 411-070-0330 (Owner Compensation)(10) must be made available at time of audit. If documentation is not available, such payments to or for the benefit of the related organization will be non-allowable costs.(2)
An exception is provided to the general rule in section (1) of this rule applicable to related organizations. The exception applies if the provider demonstrates by convincing evidence to the satisfaction of the Department:(a)
That the supplying organization is a separate legal entity; and(b)
That a substantial part of the supplying organization’s business activity, of the type carried on with the provider, is transacted with other organizations not related to the provider and the supplier by common ownership or control and there is an open, competitive market. Prices paid by the provider may not be in excess of what would be paid by a prudent cost conscious buyer.(3)
If the provider takes the position that an exception as stated in section (2) of this rule applies, then the provider must:(a)
Make available the books and records of the related organization to SPD auditors; and(b)
Maintain a receiving report signed by personnel of the nursing facility for services or supplies furnished by the related organization.(4)
Rental expense paid to related organizations for facilities may be allowable to the extent the rental does not exceed the related organization’s costs of owning (e.g., depreciation, interest on a mortgage) or leasing the assets, computed in accordance with the provisions of these rules. The exception listed in section (2) of this rule does not apply to rental expense paid for facilities.
Source:
Rule 411-070-0335 — Related Party Transactions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-070-0335.