ARTICLE 12 AS AMENDED

RELATING TO HOSPITAL UNCOMPENSATED CARE

 

     SECTION 1. Sections 40-8.3-2 and 40-8.3-3 of the General Laws in Chapter 40-8.3

entitled "Uncompensated Care" are hereby amended to read as follows:

 

     40-8.3-2. Definitions. -- As used in this chapter:

     (1) "Base year" means for the purpose of calculating a disproportionate share payment for

any fiscal year ending after September 30, 2011 2012, the period from October 1, 2009 2010

through September 30, 2010 2011, and for any fiscal year ending after September 30, 2012 2013,

the period from October 1, 2010 2011 through September 30, 20112012.

     (2) "Medical assistance inpatient utilization rate for a hospital" means a fraction

(expressed as a percentage) the numerator of which is the hospital's number of inpatient days

during the base year attributable to patients who were eligible for medical assistance during the

base year and the denominator of which is the total number of the hospital's inpatient days in the

base year.

     (3) "Participating hospital" means any nongovernment and nonpsychiatric hospital that:

(i) was licensed as a hospital in accordance with chapter 17 of title 23 during the base year; (ii)

achieved a medical assistance inpatient utilization rate of at least one percent (1%) during the

base year; and (iii) continues to be licensed as a hospital in accordance with chapter 17 of title 23

during the payment year.

     (4) "Uncompensated care costs" means, as to any hospital, the sum of: (i) the cost

incurred by such hospital during the base year for inpatient or outpatient services attributable to

charity care (free care and bad debts) for which the patient has no health insurance or other third-

party coverage less payments, if any, received directly from such patients; and (ii) the cost

incurred by such hospital during the base year for inpatient or out-patient services attributable to

Medicaid beneficiaries less any Medicaid reimbursement received therefor; multiplied by the

uncompensated care index.

     (5) "Uncompensated care index" means the annual percentage increase for hospitals

established pursuant to § 27-19-14 for each year after the base year, up to and including the

payment year, provided, however, that the uncompensated care index for the payment year ending

September 30, 2007 shall be deemed to be five and thirty-eight hundredths percent (5.38%), and

that the uncompensated care index for the payment year ending September 30, 2008 shall be

deemed to be five and forty-seven hundredths percent (5.47%), and that the uncompensated care

index for the payment year ending September 30, 2009 shall be deemed to be five and thirty-eight

hundredths percent (5.38%), and that the uncompensated care index for the payment years ending

September 30, 2010, September 30, 2011, September 30, 2012 and, September 30, 2013 and

September 30, 2014 shall be deemed to be five and thirty hundredths percent (5.30%).

 

     40-8.3-3. Implementation. -- (a) For the fiscal year commencing on October 1, 2010 and

ending September 30, 2011, the department of human services shall submit to the Secretary of the

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:

     (1) That the disproportionate share hospital payments to all participating hospitals not to

exceed an aggregate limit of $125.4 million, to be allocated by the department to the Pool A, Pool

C and Pool D components of the DSH Plan;

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

direct proportion to the individual participating hospital's uncompensated care costs for the base

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

year inflated by uncompensated care index for all participating hospitals. The disproportionate

share payments shall be made on or before July 18, 2011 and are expressly conditioned upon

approval on or before July 11, 2011 by the Secretary of the U.S. Department of Health and

Human Services, or his or her authorized representative, of all Medicaid state plan amendments

necessary to secure for the state the benefit of federal financial participation in federal fiscal year

2011 for the disproportionate share payments.

     (b)(a) For the fiscal year commencing on October 1, 2011 and ending September 30,

2012, the executive office of health and human services shall submit to the Secretary of the U.S.

Department of Health and Human Services a state plan amendment to the Rhode Island Medicaid

state plan for disproportionate share hospital payments (DSH Plan) to provide:

     (1) That the disproportionate share hospital payments to all participating hospitals, not to

exceed an aggregate limit of $126.2 million, shall be allocated by the executive office of health

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

direct proportion to the individual participating hospital's uncompensated care costs for the base

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

year inflated by uncompensated care index for all participating hospitals. The disproportionate

share payments shall be made on or before July 16, 2012 and are expressly conditioned upon

approval on or before July 9, 2012 by the Secretary of the U.S. Department of Health and Human

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

to secure for the state the benefit of federal financial participation in federal fiscal year 2012 for

the disproportionate share payments.

     (c)(b) For federal fiscal year 2013, commencing on October 1, 2012 and ending

September 30, 2013, the executive office of health and human services shall submit to the

Secretary of the U.S. Department of Health and Human Services a state plan amendment to the

Rhode Island Medicaid state plan for disproportionate share hospital payments (DSH Plan) to

provide:

     (1) That the disproportionate share hospital payments to all participating hospitals, not to

exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

direct proportion to the individual participating hospital's uncompensated care costs for the base

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

year inflated by uncompensated care index for all participating hospitals. The disproportionate

share payments shall be made on or before July 15, 2013 and are expressly conditioned upon

approval on or before July 8, 2013 by the Secretary of the U.S. Department of Health and Human

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

to secure for the state the benefit of federal financial participation in federal fiscal year 2013 for

the disproportionate share payments.

     (c) For federal fiscal year 2014, commencing on October 1, 2013 and ending September

30, 2014, the executive office of health and human services shall submit to the Secretary of the

U.S. Department of Health and Human Services a state plan amendment to the Rhode Island

Medicaid state plan for disproportionate share hospital payments (DSH Plan) to provide:

     (1) That the disproportionate share hospital payments to all participating hospitals, not to

exceed an aggregate limit of $128.3 million, shall be allocated by the executive office of health

and human services to the Pool A, Pool C and Pool D components of the DSH Plan; and,

     (2) That the Pool D allotment shall be distributed among the participating hospitals in

direct proportion to the individual participating hospital's uncompensated care costs for the base

year, inflated by the uncompensated care index to the total uncompensated care costs for the base

year inflated by uncompensated care index for all participating hospitals. The disproportionate

share payments shall be made on or before July 14, 2014 and are expressly conditioned upon

approval on or before July 7, 2014 by the Secretary of the U.S. Department of Health and Human

Services, or his or her authorized representative, of all Medicaid state plan amendments necessary

to secure for the state the benefit of federal financial participation in federal fiscal year 2014 for

the disproportionate share payments.

     (d) No provision is made pursuant to this chapter for disproportionate share hospital

payments to participating hospitals for uncompensated care costs related to graduate medical

education programs.

 

     SECTION 2. This article shall take effect upon passage.