(a) To implement
the provisions of 42 U.S.C.
1396 b regarding federal financial
participation under Medicaid, and subject to legislative appropriations for
that purpose, the department will make a private hospital proportionate share
payment to, and will require under (2) - (4) of this subsection that specific
services be performed by, a hospital that qualifies under (1) of this
subsection in order to ensure continued access to hospital services, and in
order to secure for the state in accordance with
AS
47.07.040 the optimum federal participation
for inpatient hospital services in the state's medical assistance program. The
following procedures and requirements apply to a proportionate share payment
under this subsection:
(1) to qualify to
receive a private hospital proportionate share payment under this subsection, a
hospital must
(A) be enrolled as a Medicaid
provider of inpatient hospital services;
(B) be located within the state;
(C) be a privately owned facility;
and
(D) submit to the department
the Medicaid reporting forms for the qualifying year from the
Medicaid
Hospital and Long-Term Care Facility Reporting Manual, adopted by
reference in
7
AAC 160.900;
(2) a qualifying hospital may receive
proportionate share payments allocated to one or more of the following private
hospital proportionate share classifications, if that hospital meets any
additional criteria applicable to that classification, and subject to the
limitations set out in (5) - (6) of this subsection:
(A) each qualifying hospital may receive
payments for rural hospital assistance (RHA), if the qualifying hospital enters
into an agreement with the department to provide support services in accordance
with (4) of this subsection through a rural hospital and complies with the
requirements of that agreement;
(B)
each qualifying hospital may receive payments for rural hospital clinic
assistance (RHCA), if the qualifying hospital enters into an agreement with the
department to provide support services in accordance with (4) of this
subsection through a rural clinic and complies with the requirements of that
agreement;
(C) each qualifying
hospital may receive payments for mental health clinic assistance (MHCA), if
the qualifying hospital enters into an agreement with the department to provide
mental health services through a mental health clinic and complies with the
requirements of that agreement;
(D)
each qualifying hospital may receive payments for single-point-of-entry
psychiatric assistance (SPEP), if the qualifying hospital enters into an
agreement with the department to provide single-point-of-entry psychiatric
services and complies with the requirements of that agreement;
(E) each qualifying hospital may receive
payments for designated evaluation and treatment assistance (DET), if the
qualifying hospital
(i) is designated as an
evaluation and treatment facility as required by 7 AAC 72; and
(ii) enters into an agreement with the
department to provide designated evaluation and treatment services and complies
with the requirements of that agreement;
(F) each qualifying hospital may receive
payments for children's medical care assistance (CMC), if the qualifying
hospital enters into an agreement with the department for health and hospital
care expenses for children and complies with the requirements of that
agreement;
(G) each qualifying
hospital may receive payments for institutional community health care
assistance (ICHC), if the qualifying hospital enters into an agreement with the
department for health and hospital care expenses for individuals in
institutions who are not Medicaid-eligible, and complies with the requirements
of that agreement;
(H) each
qualifying hospital may receive payments for substance abuse treatment provider
assistance (SATP), if the qualifying hospital enters into an agreement with the
department to provide substance abuse treatment through a substance abuse
treatment provider and complies with the requirements of that
agreement;
(3) in an
agreement under (2) of this subsection, the department may authorize the
qualifying hospital to provide the required services directly, through the
purchase of services, or through a person, clinic, or hospital designated by
the department; a payment made under this section is not an allowable cost
under the facility rate setting methodology set out in
7
AAC 150.010 -
7
AAC 150.040 and
7
AAC 150.130 -
7
AAC 150.210;
(4) for purposes of an agreement under (2)(A)
or (B) of this subsection, the support services that a qualifying hospital
provides must include one or more of the following:
(A) health services at the rural hospital
site or rural clinic site; the qualifying hospital may include, as services,
the services of a primary care provider, nurse midwife services, obstetrical
services, and pediatrician's services;
(B) assistance in arranging safe transport
for those who require emergency transport and services;
(C) other health services agreed to by the
qualifying hospital and the department;
(5) the total amount available for
distribution as private hospital proportionate share payments under this
subsection will be established by the department each year, based on the
department's projection of hospital expenditures and within the payment limits
of 42 C.F.R.
447.271 -
447.272; subject to legislative
appropriation, payment of the amount the department determines to be available
for private hospital proportionate share payments will be apportioned among
qualifying hospitals;
(6) beginning
August 11, 2004, the department will allocate the following percentage of the
private hospital proportionate share payments for each payment year by
proportionate share classification:
(A) to
the rural hospital assistance (RHA) private hospital classification, one
percent;
(B) to the rural health
clinic assistance (RHCA) private hospital classification, 54 percent;
(C) to the mental health clinic assistance
(MHCA) private hospital classification, 23 percent;
(D) to the single-point-of-entry psychiatric
(SPEP) private hospital classification, six percent;
(E) to the designated evaluation and
treatment (DET) private hospital classification, one percent;
(F) to the children's medical care (CMC)
private hospital classification, eight percent;
(G) to the institutional community health
care (ICHC) private hospital classification, one percent;
(H) to the substance abuse treatment provider
(SATP) private hospital classification, six percent;
(7) each payment for the private hospital
proportionate share classifications will be calculated within each
classification based on the number of encounters to be performed by the
qualifying hospital for that classification, as specified in the agreement
required under (2) of this subsection for that classification, divided by the
total number of encounters to be performed by all qualifying hospitals within
that classification, as specified in the agreements required for that
classification; the resulting percentage will be multiplied by the allocation
amount applicable to that classification, as calculated in (5) - (6) of this
subsection;
(8) on or before the
qualification date, the department will send to each privately owned hospital a
list of the qualifying hospitals and the amount of the payments for the
upcoming payment year; the total amount available for distribution as private
hospital proportionate share payments under this subsection will be established
by the department each year, based on the department's projection of hospital
expenditures and within the payment limits of
42 C.F.R.
447.271 -
447.272; the department's
determination under this paragraph is the department's final administrative
action regarding
(A) whether a hospital is a
qualifying hospital, unless a request for reconsideration is filed under (10)
of this subsection; and
(B) the
amount of a qualifying hospital's proportionate share payment under this
subsection, unless a request for reconsideration is filed under (11) of this
subsection;
(9) to
optimize, consistent with AS 47.07 and this chapter, the use of federal money
allotted to private hospital proportionate share payments, the department may
enter into other agreements under (2)(A) - (H) of this subsection, if
(A) the amount of the federal allotment is
greater than the sum of payments listed under (8) of this subsection;
(B) the part of the federal allotment
allocated under (6) of this subsection to a particular classification is not
fully used within that classification; or
(C) after issuance of the list under (8) of
this subsection, part of the federal allotment becomes available for
distribution because an agreement or other criterion required under (2) of this
subsection was not reached or satisfied;
(10) a hospital aggrieved by the department's
decision under (8) of this subsection, regarding whether a hospital is a
qualifying hospital, may request reconsideration of the decision by filing a
request with the department, and sending a copy of the request to each
qualifying hospital, no more than 10 days after the date of the department's
list under (8) of this subsection; a request for reconsideration under this
paragraph must state the facts in the record that support a reversal of the
initial decision; a qualifying hospital to which a request for reconsideration
was sent may file with the department, no more than 10 days after the date the
request was sent, a response to the request for reconsideration; the response
must be based on facts in the record; the department's decision on
reconsideration under this paragraph is the department's final administrative
action on a reconsideration request under this paragraph; if the department
does not issue a decision on reconsideration 30 days or less after the deadline
for filing a response to the request for reconsideration, and does not waive
the 30-day deadline, the request is considered denied by the department; the
denial is the department's final administrative action on a reconsideration
request under this paragraph;
(11)
a hospital aggrieved by the department's decision under (8) of this subsection,
regarding the amount of a qualifying hospital's proportionate share payment
under this subsection, may request reconsideration of the decision by filing a
request with the department, and sending a copy of the request to each of the
other qualifying hospitals, no more than 10 days after the date of the
department's list under (8) of this subsection; if the department has made the
private hospital proportionate share payment under this subsection to the
qualifying hospital, the department will accept and consider a request for
reconsideration under this paragraph only after return of any unearned portion
of the payment is made; a request for reconsideration under this paragraph must
state the facts in the record that support a change in the payment amount; a
qualifying hospital to which a request for reconsideration was sent may file
with the department, no more than 10 days after the date the request was sent,
a response to the request for reconsideration; the response must be based on
facts in the record; the department's decision on reconsideration under this
paragraph is the department's final administrative action on a reconsideration
request under this paragraph; if the department does not issue a decision on
reconsideration 30 days or less after the deadline for filing a response to the
request for reconsideration, and does not waive the 30-day deadline, the
request is considered denied by the department; the denial is the department's
final administrative action on a reconsideration request under this
paragraph;
(12) the administrative
appeal process provided by
7
AAC 150.220 and the exceptional relief process set out
in 7 AAC 150.240 are not available to
a hospital disputing an item on the department's list under (8) of this
subsection of qualifying hospitals and amounts;
(13) unless the department considers it
impractical, the department will recalculate and reallocate the proportionate
share eligibility and payments for all hospitals and will recoup payments from
all hospitals on a prorated basis if the
(A)
proportionate share eligibility and payment for any private hospital will be
recalculated as a result of a decision under (10) or (11) of this subsection or
of a court decision; or
(B) outcome
of a decision under (10) or (11) of this subsection or of a court decision
would cause the total private hospital proportionate share payments to exceed
the federal allotment for the federal fiscal year in which the payment rate was
in effect.
(b) In this section, unless the context
requires otherwise,
(1) "encounter" means a
unit of service, visit, or face-to-face contact that is a covered service under
an agreement with the department as required under this section;
(2) "payment year" means the state fiscal
year;
(3) "qualification date"
means July 1 of each year;
(4)
"qualifying hospital" means a hospital that qualifies under (a)(1) of this
subsection for a private hospital proportionate share payment;
(5) "qualifying year" means the hospital's
most recent fiscal year that the department determines complete.