Bill Text: NH SB165 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to the Medicaid uncompensated care fund and the Medicaid enhancement tax.

Sponsorship: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2011-03-30 - Senate Sen. Morse Moved Laid on Table, Motion Adopted, Voice Vote; Senate Journal 11, Pg.226 [SB165 Detail]

Download: New_Hampshire-2011-SB165-Introduced.html

SB 165-FN – AS INTRODUCED

2011 SESSION

11-1045

01/03

SENATE BILL 165-FN

AN ACT relative to the Medicaid uncompensated care fund and the Medicaid enhancement tax.

SPONSORS: Sen. Odell, Dist 8; Sen. Morse, Dist 22; Sen. Larsen, Dist 15; Sen. Lambert, Dist�13; Sen. Bradley, Dist 3

COMMITTEE: Finance

ANALYSIS

This bill removes rehabilitation hospitals from the uncompensated care fund and clarifies the application of the Medicaid enhancement tax.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-1045

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the Medicaid uncompensated care fund and the Medicaid enhancement tax.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Purpose. The general court hereby finds that the health and well-being of the people of this state is dependent on the availability and accessibility of health care services and the viability of health institutions while maintaining and improving health care quality. The general court notes that federal Medicaid law recognizes that additional resources are necessary to support the financial stability of safety net providers for uninsured and Medicaid recipients. Therefore, the general court hereby creates a Medicaid disproportionate share plan and revenue methodology that are in compliance with federal regulations, that provides more resources for those hospitals that serve more uninsured and Medicaid patients, and that minimizes, to the greatest extent possible, the impact on individual hospitals.

2 Uncompensated Care Fund; Definitions. Amend RSA 167:63, IV to read as follows:

IV. “Hospital” means general hospitals [and special hospitals for rehabilitation] required to be licensed under RSA 151 and receiving Medicaid diagnosis related group (DRG) payments, but not including government facilities and specialty hospitals.

3 Uncompensated Care Fund; Rehabilitation Hospitals Deleted. Amend RSA 167:64, I(d) to read as follows:

(d) The commissioner may provide reimbursement for uncompensated care costs in accordance with the approved schedule of payments through either Medicaid fee for service rate adjustments or disproportionate share hospital payment adjustments, or a combination thereof. Funds available under this section shall be first allocated to ensure that critical access hospitals [and rehabilitation hospitals] receive reimbursement for reported uncompensated care costs at the rate of 100 percent of the individual hospital limit for disproportionate share payments as determined by the commissioner consistent with the provisions of 42 U.S.C. section 1396r-4(g). Non-critical access hospitals shall receive reimbursement at the highest uniform percentage of each hospital limit as the funds made available under this section permit. The commissioner may create additional categories of need and make further reasonable distinctions among hospitals when determining the methodology for payments under this section, as necessary, to ensure that no hospital is unduly burdened by the fiscal effect of uncompensated care costs.

4 Uncompensated Care Fund; Duties of Commissioner. Amend RSA 167:65, II to read as follows:

II. Seek input from the chairman of the senate health and human services committee, the chairman of the house health, human services and elderly affairs committee, the chairmen of the house and senate finance committees, the insurance department, and representatives of hospitals currently participating in the uncompensated care program in developing the uncompensated care payment system required under paragraph I, and present a report not later than June 1, 2011 and annually thereafter, detailing all the options and making recommendations to the oversight committee on health and human services, established under RSA 126-A:13[, not later than January 1, 2010].

5 Medicaid Enhancement Tax. Amend RSA 84-A:1, III-IV-a to read as follows:

III. “Hospital” means general hospitals [and special hospitals for rehabilitation] required to be licensed under RSA 151 and receiving medicaid diagnosis related group (DRG) payments, but not including government facilities and specialty hospitals.

IV. “Medicaid enhancement tax” means the tax imposed upon net patient services revenue pursuant to this chapter.

IV-a. “Net patient services revenue” means the gross charges of the hospital and shall be limited to the inpatient and outpatient hospital classes of health care services consistent with the requirements of 42 C.F.R. section 433.56, less any deducted amounts for [bad debts,] charity care[,] and payor discounts.

6 Repeal. RSA 84-A:3, I and II, relative to the Medicaid enhancement tax as it was applied in 1991-1992, is repealed.

7 Effective Date. This act shall take effect July 1, 2011.

LBAO

11-1045

02/10/11

SB 165-FN - FISCAL NOTE

AN ACT relative to the Medicaid uncompensated care fund and the Medicaid enhancement tax.

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Revenue Administration. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

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