Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 614.00 - Health Safety Net Payments and Funding
Section 614.03 - Sources and Uses of Funds
Universal Citation: 101 MA Code of Regs 101.614
Current through Register 1531, September 27, 2024
(1) Available Revenue.
(a) Except as provided in 101 CMR
614.03(1)(b), revenue available to fund Provider payments from the Health
Safety Net Trust Fund consists of
1. revenue
produced by Acute Hospital and Non-acute Hospital assessments and the surcharge
on Hospital Services and Ambulatory Surgical Center Services payments, less
a. 50% of the estimated cost, as determined
by the Secretary of Administration and Finance, of administering the Health
Safety Net and related assessments in accordance with M.G.L. c. 118E,
§§ 65 through 69;
b. any
amount designated to be transferred to the MassHealth Delivery System Reform
Trust Fund pursuant to M.G.L. c. 118E, § 66 or otherwise required by law;
and
c. any amount designated to be
transferred to the Non-acute Care Hospital Reimbursement Trust Fund established
in M.G.L. c. 29, § 2WWWW pursuant to M.G.L. c. 118E, § 66 or
otherwise required by law;
2. funds authorized to be transferred from
the Commonwealth Care Trust Fund;
3. amounts previously transferred from the
Uncompensated Care Trust Fund;
4.
any interest on monies in the Health Safety Net Trust Fund; and
5. any additional funding made available
through appropriation or otherwise.
(b) Any amounts collected from Surcharge
Payers in any Fiscal Year in excess of the Total Surcharge Amount, adjusted to
reflect applicable surcharge credits based on prior year collections, are
transferred to the General Fund to support a portion of the costs of the
MassHealth program.
(2) Payments from the Health Safety Net Trust Fund.
(a)
Payment
Adjustments. Acute Hospital payments established under
101
CMR 614.06 may be adjusted to reflect
additional funding made available during the Fiscal Year or to reflect the
shortfall allocation in accordance with
101
CMR 614.03(2). The Health
Safety Net may reserve up to 10% of available funding to ensure that funding is
available for the entire Fiscal Year. The Health Safety Net may reserve an
additional amount of available funding to ensure that funds are available to
pay for claims that were denied or held during the Fiscal Year, but are later
remediated in a subsequent Fiscal Year.
(b)
Shortfall
Allocation. The Health Safety Net Office, using the best data
available, estimates the projected total Reimbursable Health Services provided
by Acute Hospitals and Community Health Centers; total Medical Hardship
services; total Bad Debt for Emergency and Urgent Care Services; and total
Health Safety Net administrative expenses. If the Health Safety Net Office
determines that, after adjusting for projected Community Health Center payments
and administrative expenses, Health Safety Net payments to Acute Hospitals will
exceed available funding, the Health Safety Net Office allocates the funding in
a manner that reflects each Acute Hospital's proportional Financial
Requirements for Health Safety Net payments through a graduated payment system.
The Health Safety Net Office allocates the shortfall to Disproportionate Share
Hospitals and other Acute Hospitals as follows.
1.
Disproportionate Share
Hospital. The Health Safety Net Office determines Disproportionate
Share Hospital status using data reported on the Hospital Cost Report for the
Source Year.
2..
Allocation Method. The Health Safety Net Office
allocates the shortfall as follows.
a.
Determine the ratio of each Acute Hospital's total Patient care costs to the
sum of all Acute Hospitals' total Patient care costs.
b. Multiply this ratio by the total Shortfall
Amount.
c. If calculated amount is
greater than an Acute Hospital's allowable Health Safety Net payments, then the
shortfall allocation is limited to the Acute Hospital's allowable Health Safety
Net payments. If an Acute Hospital's allowable Health Safety Net payment is a
negative amount, then the shortfall allocation is limited to zero.
d. The Health Safety Net's gross liability to
each Acute Hospital is limited by the Acute Hospital's allowable Health Safety
Net payments less the Shortfall Amount calculated in
101
CMR 614.03(2)(b)2.a. through
c.
e. Each Disproportionate Share
Hospital is paid the greater of
i. 85% of its
allowable Health Safety Net payments; or
ii. the revised payment calculated according
to the shortfall methodology in
101
CMR 614.03(2)(b)2.a. through
e.
(c)
Final
Settlement. The Health Safety Net Office may implement a final
settlement between the Health Safety Net and an Acute Hospital for the Fiscal
Year. The final settlement is calculated based on the Health Safety Net's gross
liability to the Acute Hospital calculated pursuant to
101
CMR 614.06, and the payments made to the
Acute Hospital during the Fiscal Year. The final settlement may occur when the
Health Safety Net Office determines that it has sufficiently completed relevant
claims adjudication and audit activity. For the purposes of the final
settlement, the Health Safety Net Office may cease paying for claims that
exceed the billing deadlines or other billing rules established at
101 CMR
613.00: Health Safety Net Eligible
Services.
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