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1 | ARTICLE 14 | |
2 | RELATING TO MEDICAL ASSISTANCE | |
3 | SECTION 1. Section 40-8-4 of the General Laws in Chapter 40-8 entitled “Medical | |
4 | Assistance” is hereby amended to read as follows: | |
5 | 40-8-4. Direct vendor payment plan. Medicaid vendor payment and beneficiary | |
6 | copayment. | |
7 | (a) The department executive office of health and human services (“executive office”) | |
8 | shall furnish medical care benefits to eligible beneficiaries through a direct vendor payment plan | |
9 | and/or other methodologies and plans authorized in this chapter. The plan shall include, but need | |
10 | not be limited to, any or all of the following benefits, which benefits shall be contracted for by the | |
11 | director Such plans and methodologies shall cover the services and supports approved as eligible | |
12 | for federal financial participation identified in the Medicaid state plan and any active waivers.: | |
13 | (1) Inpatient hospital services, other than services in a hospital, institution, or facility for | |
14 | tuberculosis or mental diseases; | |
15 | (2) Nursing services for such period of time as the director shall authorize; | |
16 | (3) Visiting nurse service; | |
17 | (4) Drugs for consumption either by inpatients or by other persons for whom they are | |
18 | prescribed by a licensed physician; | |
19 | (5) Dental services; and | |
20 | (6) Hospice care up to a maximum of two hundred and ten (210) days as a lifetime benefit. | |
21 | (b) For purposes of this chapter, the payment of federal Medicare premiums or other health | |
22 | insurance premiums by the department on behalf of eligible beneficiaries in accordance with the | |
23 | provisions of Title XIX of the federal Social Security Act, 42 U.S.C. § 1396 et seq., shall be deemed | |
24 | to be a direct vendor payment. | |
25 | (c) (b) With respect to medical care benefits furnished to eligible individuals under this | |
26 | chapter, or Title XIX, or Title XXI of the federal Social Security Act, the department executive | |
27 | office is authorized and directed to impose: | |
28 | (i) Nominal co-payments or similar charges upon eligible individuals for non-emergency | |
29 | services provided in a hospital emergency room; and adults over the age of nineteen (19) who are | |
30 | not living with a disability or receiving care and treatment in a facility or eligible for Medicaid | |
31 | pursuant to § 40-8.5-1, or pregnant women, the total of which is not to exceed five (5) percent of | |
32 | annual countable income in a year eligibility period, as follows: | |
33 | (1) Co-payments in the amount of three dollars ($3.00) for each inpatient hospitalization; | |
34 | and | |
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1 | (ii) (2) Co-payments for prescription drugs in the amount of one dollar ($1.00) for generic | |
2 | selected drug prescriptions for the treatment of diabetes, high blood pressure, and high cholesterol | |
3 | and three dollars and sixty-five cents ($3.0065) for brand name all other drug prescriptions in | |
4 | accordance with the provisions of 42 U.S.C. § 1396, et seq. Family planning prescription drugs are | |
5 | exempt from co-payment requirements. | |
6 | (d) (c) The department executive office is authorized and directed to promulgate rules and | |
7 | regulations to impose such co-payments or charges and to provide that, with respect to subdivisions | |
8 | (ii) (i) above, those regulations shall be effective upon filing. | |
9 | (e) (d) No state agency shall pay a vendor for medical benefits provided to a recipient of | |
10 | assistance beneficiary under this chapter until and unless the vendor has submitted a claim for | |
11 | payment to a commercial insurance plan, Medicare, and/or a Medicaid managed care plan, if | |
12 | applicable for that recipient beneficiary, in that order. This includes payments for skilled nursing | |
13 | and therapy services specifically outlined in Chapter 7, 8 and 15 of the Medicare Benefit Policy | |
14 | Manual. | |
15 | (e) Medicaid covered services will not be withheld due to the beneficiary’s inability to pay | |
16 | a co-payment. | |
17 | SECTION 2. Sections 40-8-13.4 and 40-8-19 of the General Laws in Chapter 40-8 entitled | |
18 | “Medical Assistance” are hereby amended to read as follows: | |
19 | 40-8-13.4. Rate methodology for payment for in state and out of state hospital | |
20 | services. | |
21 | (a) The executive office of health and human services ("executive office") shall implement | |
22 | a new methodology for payment for in-state and out-of-state hospital services in order to ensure | |
23 | access to, and the provision of, high-quality and cost-effective hospital care to its eligible recipients. | |
24 | (b) In order to improve efficiency and cost effectiveness, the executive office shall: | |
25 | (1)(i) With respect to inpatient services for persons in fee-for-service Medicaid, which is | |
26 | non-managed care, implement a new payment methodology for inpatient services utilizing the | |
27 | Diagnosis Related Groups (DRG) method of payment, which is, a patient-classification method | |
28 | that provides a means of relating payment to the hospitals to the type of patients cared for by the | |
29 | hospitals. It is understood that a payment method based on DRG may include cost outlier payments | |
30 | and other specific exceptions. The executive office will review the DRG-payment method and the | |
31 | DRG base price annually, making adjustments as appropriate in consideration of such elements as | |
32 | trends in hospital input costs; patterns in hospital coding; beneficiary access to care; and the Centers | |
33 | for Medicare and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital | |
34 | Input Price index. For the twelve-month (12) period beginning July 1, 2015, the DRG base rate for | |
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1 | Medicaid fee-for-service inpatient hospital services shall not exceed ninety-seven and one-half | |
2 | percent (97.5%) of the payment rates in effect as of July 1, 2014. Beginning July 1, 2019, the DRG | |
3 | base rate for Medicaid fee-for-service inpatient hospital services shall be 107.2% of the payment | |
4 | rates in effect as of July 1, 2018. For the twelve (12) month period beginning July 1, 2020, there | |
5 | shall be no increase in the DRG base rate for Medicaid fee-for-service inpatient hospital services. | |
6 | Increases in the Medicaid fee-for-service DRG hospital payments for the twelve-month (12) period | |
7 | beginning July 1, 2020 July 1, 2021 shall be based on the payment rates in effect as of July 1 of the | |
8 | preceding fiscal year and shall be inflated by the Centers for Medicare and Medicaid Services | |
9 | national Prospective Payment System (IPPS) Hospital Input Price Index. | |
10 | (ii) With respect to inpatient services, (A) It is required as of January 1, 2011, until | |
11 | December 31, 2011, that the Medicaid managed care payment rates between each hospital and | |
12 | health plan shall not exceed ninety and one tenth percent (90.1%) of the rate in effect as of June 30, | |
13 | 2010. Increases in inpatient hospital payments for each annual twelve-month (12) period beginning | |
14 | January 1, 2012, may not exceed the Centers for Medicare and Medicaid Services national CMS | |
15 | Prospective Payment System (IPPS) Hospital Input Price index for the applicable period; (B) | |
16 | Provided, however, for the twenty-four-month (24) period beginning July 1, 2013, the Medicaid | |
17 | managed care payment rates between each hospital and health plan shall not exceed the payment | |
18 | rates in effect as of January 1, 2013, and for the twelve-month (12) period beginning July 1, 2015, | |
19 | the Medicaid managed care payment inpatient rates between each hospital and health plan shall not | |
20 | exceed ninety-seven and one-half percent (97.5%) of the payment rates in effect as of January 1, | |
21 | 2013; (C) Increases in inpatient hospital payments for each annual twelve-month (12) period | |
22 | beginning July 1, 2017, shall be the Centers for Medicare and Medicaid Services national CMS | |
23 | Prospective Payment System (IPPS) Hospital Input Price Index, less Productivity Adjustment, for | |
24 | the applicable period and shall be paid to each hospital retroactively to July 1; (D) Beginning July | |
25 | 1, 2019, the Medicaid managed care payment inpatient rates between each hospital and health plan | |
26 | shall be 107.2% of the payment rates in effect as of January 1, 2019 and shall be paid to each | |
27 | hospital retroactively to July 1; (E) For the twelve (12) month period beginning July 1, 2020, the | |
28 | Medicaid managed care payment rates between each hospital and health plan shall not exceed the | |
29 | payment rates in effect as of January 1, 2020. (F) Increases in inpatient hospital payments for each | |
30 | annual twelve-month (12) period beginning July 1, 2020July 1, 2021, shall be based on the payment | |
31 | rates in effect as of January 1 of the preceding fiscal year, and shall be the Centers for Medicare | |
32 | and Medicaid Services national CMS Prospective Payment System (IPPS) Hospital Input Price | |
33 | Index, less Productivity Adjustment, for the applicable period and shall be paid to each hospital | |
34 | retroactively to July 1. The executive office will develop an audit methodology and process to | |
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1 | assure that savings associated with the payment reductions will accrue directly to the Rhode Island | |
2 | Medicaid program through reduced managed care plan payments and shall not be retained by the | |
3 | managed care plans; (FG) All hospitals licensed in Rhode Island shall accept such payment rates | |
4 | as payment in full; and (GH) For all such hospitals, compliance with the provisions of this section | |
5 | shall be a condition of participation in the Rhode Island Medicaid program. | |
6 | (2) With respect to outpatient services and notwithstanding any provisions of the law to the | |
7 | contrary, for persons enrolled in fee-for-service Medicaid, the executive office will reimburse | |
8 | hospitals for outpatient services using a rate methodology determined by the executive office and | |
9 | in accordance with federal regulations. Fee-for-service outpatient rates shall align with Medicare | |
10 | payments for similar services. Notwithstanding the above, there shall be no increase in the | |
11 | Medicaid fee-for-service outpatient rates effective on July 1, 2013, July 1, 2014, or July 1, 2015. | |
12 | For the twelve-month (12) period beginning July 1, 2015, Medicaid fee-for-service outpatient rates | |
13 | shall not exceed ninety-seven and one-half percent (97.5%) of the rates in effect as of July 1, 2014. | |
14 | Increases in the outpatient hospital payments for the twelve-month (12) period beginning July 1, | |
15 | 2016, may not exceed the CMS national Outpatient Prospective Payment System (OPPS) Hospital | |
16 | Input Price Index. Beginning July 1, 2019, the Medicaid fee-for-service outpatient rates shall be | |
17 | 107.2% of the payment rates in effect as of July 1, 2018. For the twelve-month (12) period | |
18 | beginning July 1, 2020, Medicaid fee-for-service outpatient rates shall not exceed the rates in effect | |
19 | as of July 1, 2019. Increases in the outpatient hospital payments for the twelve-month (12) period | |
20 | beginning July 1, 2020 July 1, 2021 shall be based on the payment rates in effect as of July 1 of | |
21 | the preceding fiscal year, and shall be the CMS national Outpatient Prospective Payment System | |
22 | (OPPS) Hospital Input Price Index. With respect to the outpatient rate, (i) It is required as of January | |
23 | 1, 2011, until December 31, 2011, that the Medicaid managed-care payment rates between each | |
24 | hospital and health plan shall not exceed one hundred percent (100%) of the rate in effect as of June | |
25 | 30, 2010; (ii) Increases in hospital outpatient payments for each annual twelve-month (12) period | |
26 | beginning January 1, 2012, until July 1, 2017, may not exceed the Centers for Medicare and | |
27 | Medicaid Services national CMS Outpatient Prospective Payment System OPPS hospital price | |
28 | index for the applicable period; (iii) Provided, however, for the twenty-four-month (24) period | |
29 | beginning July 1, 2013, the Medicaid managed care outpatient payment rates between each hospital | |
30 | and health plan shall not exceed the payment rates in effect as of January 1, 2013, and for the | |
31 | twelve-month (12) period beginning July 1, 2015, the Medicaid managed care outpatient payment | |
32 | rates between each hospital and health plan shall not exceed ninety-seven and one-half percent | |
33 | (97.5%) of the payment rates in effect as of January 1, 2013; (iv) Increases in outpatient hospital | |
34 | payments for each annual twelve-month (12) period beginning July 1, 2017, shall be the Centers | |
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1 | for Medicare and Medicaid Services national CMS OPPS Hospital Input Price Index, less | |
2 | Productivity Adjustment, for the applicable period and shall be paid to each hospital retroactively | |
3 | to July 1. Beginning July 1, 2019, the Medicaid managed care outpatient payment rates between | |
4 | each hospital and health plan shall be one hundred seven and two-tenths percent (107.2%) of the | |
5 | payment rates in effect as of January 1, 2019 and shall be paid to each hospital retroactively to July | |
6 | 1;. For the twelve (12) month period beginning July 1, 2020, the Medicaid managed-care outpatient | |
7 | payment rates between each hospital and health plan shall not exceed the payment rates in effect | |
8 | as of January 1, 2020. (vi) Increases in outpatient hospital payments for each annual twelve-month | |
9 | (12) period beginning July 1, 2020July 1, 2021, shall be based on the payment rates in effect as of | |
10 | January 1 of the preceding fiscal year, and shall be the Centers for Medicare and Medicaid Services | |
11 | national CMS OPPS Hospital Input Price Index, less Productivity Adjustment, for the applicable | |
12 | period and shall be paid to each hospital retroactively to July 1. | |
13 | (3) "Hospital", as used in this section, shall mean the actual facilities and buildings in | |
14 | existence in Rhode Island, licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter | |
15 | any premises included on that license, regardless of changes in licensure status pursuant to chapter | |
16 | 17.14 of title 23 (hospital conversions) and § 23-17-6(b) (change in effective control), that provides | |
17 | short-term, acute inpatient and/or outpatient care to persons who require definitive diagnosis and | |
18 | treatment for injury, illness, disabilities, or pregnancy. Notwithstanding the preceding language, | |
19 | the Medicaid managed care payment rates for a court-approved purchaser that acquires a hospital | |
20 | through receivership, special mastership or other similar state insolvency proceedings (which court- | |
21 | approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the new | |
22 | rates between the court-approved purchaser and the health plan, and such rates shall be effective as | |
23 | of the date that the court-approved purchaser and the health plan execute the initial agreement | |
24 | containing the new rates. The rate-setting methodology for inpatient-hospital payments and | |
25 | outpatient-hospital payments set forth in subdivisions (b)(1)(ii)(C) and (b)(2), respectively, shall | |
26 | thereafter apply to increases for each annual twelve-month (12) period as of July 1 following the | |
27 | completion of the first full year of the court-approved purchaser's initial Medicaid managed care | |
28 | contract. | |
29 | (c) It is intended that payment utilizing the DRG method shall reward hospitals for | |
30 | providing the most efficient care, and provide the executive office the opportunity to conduct value- | |
31 | based purchasing of inpatient care. | |
32 | (d) The secretary of the executive office is hereby authorized to promulgate such rules and | |
33 | regulations consistent with this chapter, and to establish fiscal procedures he or she deems | |
34 | necessary, for the proper implementation and administration of this chapter in order to provide | |
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1 | payment to hospitals using the DRG-payment methodology. Furthermore, amendment of the Rhode | |
2 | Island state plan for Medicaid, pursuant to Title XIX of the federal Social Security Act, is hereby | |
3 | authorized to provide for payment to hospitals for services provided to eligible recipients in | |
4 | accordance with this chapter. | |
5 | (e) The executive office shall comply with all public notice requirements necessary to | |
6 | implement these rate changes. | |
7 | (f) As a condition of participation in the DRG methodology for payment of hospital | |
8 | services, every hospital shall submit year-end settlement reports to the executive office within one | |
9 | year from the close of a hospital's fiscal year. Should a participating hospital fail to timely submit | |
10 | a year-end settlement report as required by this section, the executive office shall withhold | |
11 | financial-cycle payments due by any state agency with respect to this hospital by not more than ten | |
12 | percent (10%) until said report is submitted. For hospital fiscal year 2010 and all subsequent fiscal | |
13 | years, hospitals will not be required to submit year-end settlement reports on payments for | |
14 | outpatient services. For hospital fiscal year 2011 and all subsequent fiscal years, hospitals will not | |
15 | be required to submit year-end settlement reports on claims for hospital inpatient services. Further, | |
16 | for hospital fiscal year 2010, hospital inpatient claims subject to settlement shall include only those | |
17 | claims received between October 1, 2009, and June 30, 2010. | |
18 | (g) The provisions of this section shall be effective upon implementation of the new | |
19 | payment methodology set forth in this section and § 40-8-13.3, which shall in any event be no later | |
20 | than March 30, 2010, at which time the provisions of §§ 40-8-13.2, 27-19-14, 27-19-15, and 27- | |
21 | 19-16 shall be repealed in their entirety. | |
22 | SECTION 3. Section 40-8-19 of the General Laws in Chapter 40-8 entitled “Medical | |
23 | Assistance” is hereby amended to read as follows: | |
24 | 40-8-19. Rates of payment to nursing facilities. | |
25 | (a) Rate reform. | |
26 | (1) The rates to be paid by the state to nursing facilities licensed pursuant to chapter 17 of | |
27 | title 23, and certified to participate in Title XIX of the Social Security Act for services rendered to | |
28 | Medicaid-eligible residents, shall be reasonable and adequate to meet the costs that must be | |
29 | incurred by efficiently and economically operated facilities in accordance with 42 U.S.C. § | |
30 | 1396a(a)(13). The executive office of health and human services ("executive office") shall | |
31 | promulgate or modify the principles of reimbursement for nursing facilities in effect as of July 1, | |
32 | 2011, to be consistent with the provisions of this section and Title XIX, 42 U.S.C. § 1396 et seq., | |
33 | of the Social Security Act. | |
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1 | (2) The executive office shall review the current methodology for providing Medicaid | |
2 | payments to nursing facilities, including other long-term-care services providers, and is authorized | |
3 | to modify the principles of reimbursement to replace the current cost-based methodology rates with | |
4 | rates based on a price-based methodology to be paid to all facilities with recognition of the acuity | |
5 | of patients and the relative Medicaid occupancy, and to include the following elements to be | |
6 | developed by the executive office: | |
7 | (i) A direct-care rate adjusted for resident acuity; | |
8 | (ii) An indirect-care rate comprised of a base per diem for all facilities; | |
9 | (iii) A rearray of costs for all facilities every three (3) years beginning October, 2015, that | |
10 | may or may not result in automatic per diem revisions; | |
11 | (iv) Application of a fair-rental value system; | |
12 | (v) Application of a pass-through system; and | |
13 | (vi) Adjustment of rates by the change in a recognized national nursing home inflation | |
14 | index to be applied on October 1 of each year, beginning October 1, 2012. This adjustment will not | |
15 | occur on October 1, 2013, October 1, 2014, or October 1, 2015, but will occur on April 1, 2015. | |
16 | The adjustment of rates will also not occur on October 1, 2017, October 1, 2018, and October 1, | |
17 | 2019, and October 1, 2020. Effective July 1, 2018, rates paid to nursing facilities from the rates | |
18 | approved by the Centers for Medicare and Medicaid Services and in effect on October 1, 2017, | |
19 | both fee-for-service and managed care, will be increased by one and one-half percent (1.5%) and | |
20 | further increased by one percent (1%) on October 1, 2018, and further increased by one percent | |
21 | (1%) on October 1, 2019. Effective October 1, 2020, Medicaid payment rates for nursing facilities | |
22 | established pursuant to this section shall be increased by one percent (1%). Consistent with the | |
23 | other provisions of this chapter, nothing in this provision shall require the executive office to restore | |
24 | the rates to those in effect on October 1, 2019, at the end of this twelve-month (12) period. | |
25 | Additionally, the full value of the rate increase effective October 1, 2020 will be directed to the | |
26 | Direct Nursing Care component of the rate and nursing facilities must use this additional funding | |
27 | to increase wages paid to direct care staff. The inflation index shall be applied without regard for | |
28 | the transition factors in subsections (b)(1) and (b)(2). For purposes of October 1, 2016, adjustment | |
29 | only, any rate increase that results from application of the inflation index to subsections (a)(2)(i) | |
30 | and (a)(2)(ii) shall be dedicated to increase compensation for direct-care workers in the following | |
31 | manner: Not less than 85% of this aggregate amount shall be expended to fund an increase in wages, | |
32 | benefits, or related employer costs of direct-care staff of nursing homes. For purposes of this | |
33 | section, direct-care staff shall include registered nurses (RNs), licensed practical nurses (LPNs), | |
34 | certified nursing assistants (CNAs), certified medical technicians, housekeeping staff, laundry staff, | |
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1 | dietary staff, or other similar employees providing direct-care services; provided, however, that this | |
2 | definition of direct-care staff shall not include: (i) RNs and LPNs who are classified as "exempt | |
3 | employees" under the Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.); or (ii) CNAs, | |
4 | certified medical technicians, RNs, or LPNs who are contracted, or subcontracted, through a third- | |
5 | party vendor or staffing agency. By July 31, 2017, nursing facilities shall submit to the secretary, | |
6 | or designee, a certification that they have complied with the provisions of this subsection (a)(2)(vi) | |
7 | with respect to the inflation index applied on October 1, 2016. Any facility that does not comply | |
8 | with terms of such certification shall be subjected to a clawback, paid by the nursing facility to the | |
9 | state, in the amount of increased reimbursement subject to this provision that was not expended in | |
10 | compliance with that certification. | |
11 | (b) Transition to full implementation of rate reform. For no less than four (4) years after | |
12 | the initial application of the price-based methodology described in subsection (a)(2) to payment | |
13 | rates, the executive office of health and human services shall implement a transition plan to | |
14 | moderate the impact of the rate reform on individual nursing facilities. Said transition shall include | |
15 | the following components: | |
16 | (1) No nursing facility shall receive reimbursement for direct-care costs that is less than | |
17 | the rate of reimbursement for direct-care costs received under the methodology in effect at the time | |
18 | of passage of this act; for the year beginning October 1, 2017, the reimbursement for direct-care | |
19 | costs under this provision will be phased out in twenty-five-percent (25%) increments each year | |
20 | until October 1, 2021, when the reimbursement will no longer be in effect; and | |
21 | (2) No facility shall lose or gain more than five dollars ($5.00) in its total, per diem rate the | |
22 | first year of the transition. An adjustment to the per diem loss or gain may be phased out by twenty- | |
23 | five percent (25%) each year; except, however, for the years beginning October 1, 2015, there shall | |
24 | be no adjustment to the per diem gain or loss, but the phase out shall resume thereafter; and | |
25 | (3) The transition plan and/or period may be modified upon full implementation of facility | |
26 | per diem rate increases for quality of care-related measures. Said modifications shall be submitted | |
27 | in a report to the general assembly at least six (6) months prior to implementation. | |
28 | (4) Notwithstanding any law to the contrary, for the twelve-month (12) period beginning | |
29 | July 1, 2015, Medicaid payment rates for nursing facilities established pursuant to this section shall | |
30 | not exceed ninety-eight percent (98%) of the rates in effect on April 1, 2015. Consistent with the | |
31 | other provisions of this chapter, nothing in this provision shall require the executive office to restore | |
32 | the rates to those in effect on April 1, 2015, at the end of this twelve-month (12) period. | |
33 | SECTION 4. Section 40-8.3-10 of the General Laws in Chapter 40-8.3 entitled | |
34 | "Uncompensated Care" is hereby repealed. | |
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1 | 40-8.3-10. Hospital adjustment payments. | |
2 | Effective July 1, 2012 and for each subsequent year, the executive office of health and | |
3 | human services is hereby authorized and directed to amend its regulations for reimbursement to | |
4 | hospitals for outpatient services as follows: | |
5 | (a) Each hospital in the state of Rhode Island, as defined in subdivision 23-17-38.1(c)(1), | |
6 | shall receive a quarterly outpatient adjustment payment each state fiscal year of an amount | |
7 | determined as follows: | |
8 | (1) Determine the percent of the state's total Medicaid outpatient and emergency | |
9 | department services (exclusive of physician services) provided by each hospital during each | |
10 | hospital's prior fiscal year; | |
11 | (2) Determine the sum of all Medicaid payments to hospitals made for outpatient and | |
12 | emergency department services (exclusive of physician services) provided during each hospital's | |
13 | prior fiscal year; | |
14 | (3) Multiply the sum of all Medicaid payments as determined in subdivision (2) by a | |
15 | percentage defined as the total identified upper payment limit for all hospitals divided by the sum | |
16 | of all Medicaid payments as determined in subdivision (2); and then multiply that result by each | |
17 | hospital's percentage of the state's total Medicaid outpatient and emergency department services as | |
18 | determined in subsection (a) (1) to obtain the total outpatient adjustment for each hospital to be | |
19 | paid each year; | |
20 | (4) Pay each hospital on or before July 20, October 20, January 20, and April 20 one quarter | |
21 | (1/4) of its total outpatient adjustment as determined in subsection (a) (3). | |
22 | (b) The amounts determined in subsections (a) are in addition to Medicaid inpatient and | |
23 | outpatient payments and emergency services payments (exclusive of physician services) paid to | |
24 | hospitals in accordance with current state regulation and the Rhode Island Plan for Medicaid | |
25 | Assistance pursuant to Title XIX of the Social Security Act and are not subject to recoupment or | |
26 | settlement. | |
27 | SECTION 5. Rhode Island Medicaid Reform Act of 2008 Resolution. | |
28 | WHEREAS, the General Assembly enacted Chapter 12.4 of Title 42 entitled “The Rhode | |
29 | Island Medicaid Reform Act of 2008”; and | |
30 | WHEREAS, a legislative enactment is required pursuant to Rhode Island General Laws | |
31 | 42-12.4-1, et seq.; and | |
32 | WHEREAS, Rhode Island General Law 42-7.2-5(3)(a) provides that the Secretary of | |
33 | Health and Human Services (“Secretary”), of the Executive Office of Health and Human Services | |
34 | (“Executive Office”), is responsible for the review and coordination of any Medicaid section 1115 | |
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1 | demonstration waiver requests and renewals as well as any initiatives and proposals requiring | |
2 | amendments to the Medicaid state plan or changes as described in the demonstration, “with | |
3 | potential to affect the scope, amount, or duration of publicly-funded health care services, provider | |
4 | payments or reimbursements, or access to or the availability of benefits and services provided by | |
5 | Rhode Island general and public laws”; and | |
6 | WHEREAS, in pursuit of a more cost-effective consumer choice system of care that is fiscally | |
7 | sound and sustainable, the Secretary requests legislative approval of the following proposals to | |
8 | amend the demonstration: | |
9 | Provider rates – Adjustments. The Executive Office proposes to: | |
10 | (i) eliminate the risk share arrangements with the health plans and increase the capitation | |
11 | rates in accordance with actuarial soundness requirements; | |
12 | (ii) increase non-emergency medical transportation rates to ensure access to vital advanced | |
13 | life-support ambulance transport services; | |
14 | (iii) maintain hospital inpatient and outpatient rates that are delivered through managed | |
15 | care and fee-for-service at the fiscal year 2020 levels; | |
16 | (iv) increase rates to be paid to nursing facilities by one percent (1%) on October 1, 2020; | |
17 | Perinatal Doula Services. The Executive Office proposes to provide medical assistance health | |
18 | care for expectant mothers. The Executive Office would establish medical assistance coverage | |
19 | and reimbursement rates for perinatal doula services. | |
20 | Implement co-payments for specific populations and services. The Executive Office proposes | |
21 | to institute co-payments for adults (except those in institutions and those who are disabled) on | |
22 | prescription drugs and inpatient hospital stays in managed care and fee-for-service. | |
23 | Implement requirements for RIte Share program. The Executive Office proposes to require | |
24 | for-profit employers with fifty (50) or more employees to submit certain information to the | |
25 | State in order to maximize RIte Share enrollment. Implementation of adjustments may require | |
26 | amendments to the Rhode Island’s Medicaid state plan and/or section 1115 waiver under the | |
27 | terms and conditions of the demonstration. Further, adoption of new or amended rules, | |
28 | regulations and procedures may also be required. | |
29 | Increase in the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals | |
30 | (“BHDDH”) Direct Care Service Worker Wages. To further the long-term care system | |
31 | rebalancing goal of improving access to high quality services in the least restrictive setting, the | |
32 | Executive Office proposes to establish a targeted wage increase for certain community-based | |
33 | BHDDH developmental disability private providers and self-directed consumer direct care service | |
34 | workers to be effective January 1, 2021. Implementation of this initiative may require amendments | |
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1 | to the Medicaid State Plan and/or Section 1115 demonstration waiver due to changes in payment | |
2 | methodologies. | |
3 | Federal Financing Opportunities. The Executive Office proposes to review Medicaid | |
4 | requirements and opportunities under the U.S. Patient Protection and Affordable Care Act of | |
5 | 2010 (PPACA) and various other recently enacted federal laws and pursue any changes in the | |
6 | Rhode Island Medicaid program that promote service quality, access and cost-effectiveness | |
7 | that may warrant a Medicaid state plan amendment or amendment under the terms and | |
8 | conditions of Rhode Island’s section 1115 waiver, its successor, or any extension thereof. Any | |
9 | such actions by the Executive Office shall not have an adverse impact on beneficiaries or cause | |
10 | there to be an increase in expenditures beyond the amount appropriated for state fiscal year | |
11 | 2020. | |
12 | Now, therefore, be it | |
13 | RESOLVED, the General Assembly hereby approves the proposals stated in (a) through | |
14 | (f) above; and be it further; | |
15 | RESOLVED, the Secretary of the Executive Office is authorized to pursue and implement | |
16 | any 1115 demonstration waiver amendments, Medicaid state plan amendments, and/or changes to | |
17 | the applicable department’s rules, regulations and procedures approved herein and as authorized | |
18 | by Chapter 42-12.4; and be it further; | |
19 | RESOLVED, that this Joint Resolution shall take effect upon passage. | |
20 | SECTION 6. This article shall take effect upon passage. | |
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