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1 | ARTICLE 18 | |
2 | RELATING TO LICENSING OF HOSPITAL FACILITIES | |
3 | SECTION 1. Section 23-17-38.1 of the General Laws in Chapter 23-17 entitled “Licensing | |
4 | of Health Care Facilities” is hereby amended to read as follows: | |
5 | 23-17-38.1. Hospitals – Licensing fee. (a) There is also imposed a hospital licensing fee | |
6 | at the rate of six percent (6%) upon the net patient-services revenue of every hospital for the | |
7 | hospital's first fiscal year ending on or after January 1, 2017, except that the license fee for all | |
8 | hospitals located in Washington County, Rhode Island shall be discounted by thirty-seven percent | |
9 | (37%). The discount for Washington County hospitals is subject to approval by the Secretary of the | |
10 | U.S. Department of Health and Human Services of a state plan amendment submitted by the | |
11 | executive office of health and human services for the purpose of pursuing a waiver of the uniformity | |
12 | requirement for the hospital license fee. This licensing fee shall be administered and collected by | |
13 | the tax administrator, division of taxation within the department of revenue, and all the | |
14 | administration, collection, and other provisions of chapter 51 of title 44 shall apply. Every hospital | |
15 | shall pay the licensing fee to the tax administrator on or before July 10, 2019, and payments shall | |
16 | be made by electronic transfer of monies to the general treasurer and deposited to the general fund. | |
17 | Every hospital shall, on or before June 14, 2019, make a return to the tax administrator containing | |
18 | the correct computation of net patient-services revenue for the hospital fiscal year ending | |
19 | September 30, 2017, and the licensing fee due upon that amount. All returns shall be signed by the | |
20 | hospital's authorized representative, subject to the pains and penalties of perjury. | |
21 | (b) (a) There is also imposed a hospital licensing fee at the rate of six percent (6%) upon | |
22 | the net patient-services revenue of every hospital for the hospital's first fiscal year ending on or | |
23 | after January 1, 2018, except that the license fee for all hospitals located in Washington County, | |
24 | Rhode Island shall be discounted by thirty-seven percent (37%). The discount for Washington | |
25 | County hospitals is subject to approval by the Secretary of the U.S. Department of Health and | |
26 | Human Services of a state plan amendment submitted by the executive office of health and human | |
27 | services for the purpose of pursuing a waiver of the uniformity requirement for the hospital license | |
28 | fee. This licensing fee shall be administered and collected by the tax administrator, division of | |
29 | taxation within the department of revenue, and all the administration, collection, and other | |
30 | provisions of Chapter 51 of Title 44 shall apply. Every hospital shall pay the licensing fee to the | |
31 | tax administrator on or before July 13, 2020, and payments shall be made by electronic transfer of | |
32 | monies to the general treasurer and deposited to the general fund. Every hospital shall, on or before | |
33 | June 15, 2020, make a return to the tax administrator containing the correct computation of net | |
34 | patient-services revenue for the hospital fiscal year ending September 30, 2018, and the licensing | |
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1 | fee due upon that amount. All returns shall be signed by the hospital's authorized representative, | |
2 | subject to the pains and penalties of perjury. | |
3 | (c) (b) There is also imposed a hospital licensing fee for state fiscal year 2021 against each | |
4 | hospital in the state. The hospital licensing fee is equal to five six percent (5.0%) (6.0%) of the net | |
5 | patient-services revenue of every hospital for the hospital's first fiscal year ending on or after | |
6 | January 1, 2018, except that the license fee for all hospitals located in Washington County, Rhode | |
7 | Island shall be discounted by thirty-seven percent (37%). The discount for Washington County | |
8 | hospitals is subject to approval by the Secretary of the U.S. Department of Health and Human | |
9 | Services of a state plan amendment submitted by the executive office of health and human services | |
10 | for the purpose of pursuing a waiver of the uniformity requirement for the hospital license fee. This | |
11 | licensing fee shall be administered and collected by the tax administrator, division of taxation | |
12 | within the department of revenue, and all the administration, collection, and other provisions of | |
13 | Chapter 51 of Title 44 shall apply. Every hospital shall pay the licensing fee to the tax administrator | |
14 | on or before July 13, 2021, and payments shall be made by electronic transfer of monies to the | |
15 | general treasurer and deposited to the general fund. Every hospital shall, on or before June 15, | |
16 | 2020, make a return to the tax administrator containing the correct computation of net patient- | |
17 | services revenue for the hospital fiscal year ending September 30, 2018, and the licensing fee due | |
18 | upon that amount. All returns shall be signed by the hospital's authorized representative, subject to | |
19 | the pains and penalties of perjury. | |
20 | (d) (c) For purposes of this section the following words and phrases have the following | |
21 | meanings: | |
22 | (1) "Hospital" means the actual facilities and buildings in existence in Rhode Island, | |
23 | licensed pursuant to § 23-17-1 et seq. on June 30, 2010, and thereafter any premises included on | |
24 | that license, regardless of changes in licensure status pursuant to Chapter 17.14 of Title 23 (hospital | |
25 | conversions) and § 23-17-6(b) (change in effective control), that provides short-term acute inpatient | |
26 | and/or outpatient care to persons who require definitive diagnosis and treatment for injury, illness, | |
27 | disabilities, or pregnancy. Notwithstanding the preceding language, the negotiated Medicaid | |
28 | managed care payment rates for a court-approved purchaser that acquires a hospital through | |
29 | receivership, special mastership, or other similar state insolvency proceedings (which court- | |
30 | approved purchaser is issued a hospital license after January 1, 2013) shall be based upon the newly | |
31 | negotiated rates between the court-approved purchaser and the health plan, and such rates shall be | |
32 | effective as of the date that the court-approved purchaser and the health plan execute the initial | |
33 | agreement containing the newly negotiated rate. The rate-setting methodology for inpatient hospital | |
34 | payments and outpatient hospital payments set forth in §§ 40-8-13.4(b) and 40-8-13.4(b)(2), | |
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1 | respectively, shall thereafter apply to negotiated increases for each annual twelve-month (12) | |
2 | period as of July 1 following the completion of the first full year of the court-approved purchaser's | |
3 | initial Medicaid managed care contract. | |
4 | (2) "Gross patient-services revenue" means the gross revenue related to patient care | |
5 | services. | |
6 | (3) "Net patient-services revenue" means the charges related to patient care services less | |
7 | (i) charges attributable to charity care; (ii) bad debt expenses; and (iii) contractual allowances. | |
8 | (e) (d) The tax administrator shall make and promulgate any rules, regulations, and | |
9 | procedures not inconsistent with state law and fiscal procedures that he or she deems necessary for | |
10 | the proper administration of this section and to carry out the provisions, policy, and purposes of | |
11 | this section. | |
12 | (f) (e) The licensing fee imposed by subsection (b) (a) shall apply to hospitals as defined | |
13 | herein that are duly licensed on July 1, 2019, and shall be in addition to the inspection fee imposed | |
14 | by § 23-17-38 and to any licensing fees previously imposed in accordance with this section. | |
15 | (g) (f) The licensing fee imposed by subsection (c) (b) shall apply to hospitals as defined | |
16 | herein that are duly licensed on July 1, 2020, and shall be in addition to the inspection fee imposed | |
17 | by § 23-17-38 and to any licensing fees previously imposed in accordance with this section. | |
18 | SECTION 2. This article shall take effect as of July 1, 2020. | |
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