Current through Register 1531, September 27, 2024
(1)
General. There is a surcharge on certain payments to
Acute Hospitals and Ambulatory Surgical Centers. The surcharge amount equals
the product of payments subject to surcharge as defined in
101
CMR 614.05(1)(b) and the
Surcharge Percentage as defined in
101
CMR 614.05(2).
(a)
Surcharge Payer.
1. A Surcharge Payer is an individual or
entity that makes payments for the purchase of health care Hospital Services
and Ambulatory Surgical Center Services, including a Managed Care Organization;
provided, however, that the term "surcharge payer" does not include Title XVIII
and Title XIX of the Social Security Act programs and their beneficiaries or
recipients, except Managed Care Organizations; other governmental programs of
public assistance and their beneficiaries or recipients; and the workers'
compensation program established pursuant to M.G.L. c. 152.
2. The same entity that pays that Acute
Hospital or Ambulatory Surgical Center for services must pay the surcharge. If
an entity such as a Third Party Administrator acts on behalf of a client plan
and uses the client plan's funds to pay for the services, or advances funds to
pay for the services for which it is reimbursed by the client plan, it must
also act on behalf of the client plan and use the client plan's funds to pay
the surcharge or advance funds to pay the surcharge for which it will be
reimbursed by the client plan.
(b)
Payments Subject to
Surcharge. Payments subject to surcharge include
1. direct and indirect payments made by
Surcharge Payers to Massachusetts Acute Hospitals for the purchase of Acute
Hospital Services and to Massachusetts Ambulatory Surgical Centers for the
purchase of Ambulatory Surgical Center Services, with the following exceptions:
a. except for Managed Care Organization
payments for MassHealth members and Commonwealth Care enrollees, the surcharge
applies to all payments made on or after January 1, 1998, regardless of the
date services were provided; and
b.
for Managed Care Organization payments for MassHealth members younger than 65
years old and for Commonwealth Care enrollees, the surcharge applies to all
payments made on or after December 1, 2010, regardless of the date services
were provided;
2..
payments made by national health insurance plans operated by foreign
governments and payments made by an embassy on behalf of a foreign national not
employed by the embassy;
3. direct
payments made under an employer health plan by a health care reimbursement
arrangement funded by the employer; and
4. payments made by Medicare supplemental
plans and other health insurance plans secondary to Medicare.
(c)
Payments Not
Subject to Surcharge. Payments not subject to surcharge include
1. payments, settlements, and judgments
arising out of third party liability claims for bodily injury that are paid
under the terms of property or casualty insurance policies;
2. payments made on behalf of MassHealth
members by MassHealth, Medicare beneficiaries by Medicare (including Medicare
Advantage plans) except as provided in
101
CMR 614.05(1)(b), persons
enrolled in the Premium Assistance Payment Program Operated by the Health
Connector, or persons enrolled in policies issued pursuant to M.G.L. c. 176K or
similar policies issued on a group basis, except that payments made by Managed
Care Organizations on behalf of MassHealth members younger than 65 years old
who are not enrolled in an integrated care organization and Commonwealth Care
enrollees are subject to surcharge;
3. payments made by an Acute Hospital to a
second Acute Hospital for services that the first Acute Hospital billed to a
Surcharge Payer;
4. payments made
by a group of Providers, including one or more Massachusetts Acute Hospitals or
Ambulatory Surgical Centers, to member Acute Hospitals or Ambulatory Surgical
Centers for services that the group billed to an entity licensed or approved
under M.G.L. chs. 175, 176A, 176B, 176G, or 176I;
5. payments made on behalf of an individual
covered under the Federal Employees Health Benefits Act at
5 U.S.C.
8901
et seq.;
6. payments made on behalf of an individual
covered under the workers' compensation program under M.G.L. c. 152;
and
7. payments made on behalf of
foreign embassy personnel who hold a Tax Exemption Card issued by the United
States Department of State.
(d) The surcharge is distinct from any other
amount paid by a Surcharge Payer for the services provided by an Acute Hospital
or Ambulatory Surgical Center. Surcharge amounts paid are deposited in the
Health Safety Net Trust Fund.
(e)
The Health Safety Net Office may issue additional guidance to clarify policies
and understanding of substantive provisions of
101
CMR 614.05(1).
(2)
Calculation of the
Surcharge Percentage. The Health Safety Net Office uses the
following methodology to calculate the percentage of the surcharge to be
assessed on certain payments to Acute Hospitals and Ambulatory Surgical
Centers, established in M.G.L. c. 118E, § 68. The Health Safety Net Office
establishes the Surcharge Percentage before September
1st of each year, as follows.
(a) The Health Safety Net Office determines
the total amount to be collected by adjusting the Total Surcharge Amount for
any over or under collections from Institutional Payers and individuals in
previous years, including audit adjustments, as well as any over or under
collections projected for October or November of the coming year.
(b) The Health Safety Net Office projects
annual aggregate payments subject to the surcharge based on historical data,
excluding projected annual aggregate payments made by Managed Care
Organizations on behalf of MassHealth members and Commonwealth Care enrollees,
with any adjustments the Health Safety Net Office deems necessary.
(c) The Health Safety Net Office divides the
amount determined in
101
CMR 614.05(2)(a) by the
amount determined in
101
CMR 614.05(2)(b).
(3)
Payer
Registration.
(a) Except for
non-United States national insurers that have made fewer than ten payments per
year in the prior three years to Massachusetts Acute Hospitals and/or
Ambulatory Surgical Centers, all Institutional Payers must register with the
Health Safety Net Office by completing and submitting the Surcharge Payer
Registration form. These payers must submit the registration form to the Health
Safety Net Office within 30 days after making a payment to any Massachusetts
Acute Hospital or Ambulatory Surgical Center.
(b) The Health Safety Net Office compiles
lists of registered Institutional Payers, and updates the lists quarterly. The
Health Safety Net Office distributes these lists to Acute Hospitals and
Ambulatory Surgical Centers upon request.
(c) Institutional Payers must register only
once, except that an Institutional Payer that is also a Managed Care
Organization must register separately as a Managed Care Organization. A
registered payer is automatically registered for the next Fiscal
Year.
(4)
Billing Process for Institutional Payers.
(a) Each Acute Hospital and Ambulatory
Surgical Center must send a bill for the Health Safety Net surcharge to
Surcharge Payers, as required by M.G.L. c. 118E, § 68. Acute Hospitals and
Ambulatory Surgical Centers must send this bill to Surcharge Payers from whom
they have received payment for services in the most recent four quarters for
which data is available. The bill must state the Surcharge Percentage. Acute
Hospitals and Ambulatory Surgical Centers must send this bill to payers before
September 1st of each Fiscal Year and before the
effective date of any Surcharge Percentage.
(b) Each Acute Hospital and Ambulatory
Surgical Center must also send a bill for the surcharge at the same time as the
bill for services provided to Institutional Payers who have not registered with
the Health Safety Net Office pursuant to
101
CMR 614.05(3)(a) and from
whom they have received payment. The bill must be sent within 30 days of
receiving the payment from the unregistered payer. The bill must state the
Surcharge Percentage, but not the dollar amount owed, and must include
notification of the surcharge payment process set forth below, as well as a
registration form specified by the Health Safety Net Office. Until the Acute
Hospital or Ambulatory Surgical Center receives the Registered Payer List, it
must send a bill for the surcharge at the same time as the bill for services
provided to Institutional Payers that it did not already bill pursuant to
101
CMR 614.05(4)(a).
(5)
Payment Process
for Institutional Payers.
(a)
Monthly Surcharge Liability. After the end of each
calendar month, each Institutional Payer must determine the surcharge amount it
owes to the Health Safety Net Trust Fund for that month. The amount owed is the
product of the amount of payments subject to surcharge, as defined in
101
CMR 614.05(1)(b), by the
Surcharge Percentage in effect during that month. The Institutional Payer may
adjust the surcharge amount owed for any surcharge over- or under-payments in a
previous period.
1. Institutional Payers that
pay a global fee or capitation for services that include Acute Hospital or
Ambulatory Surgical Center Services, as well as other services not subject to
the surcharge, must develop a reasonable method for allocating the portion of
the payment intended to be used for services provided by Acute Hospitals or
Ambulatory Surgical Centers. Such Institutional Payers must file this
allocation method by October 1st of each Fiscal
Year. If there is a significant change in the global fee or capitation payment
arrangement that necessitates a change in the allocation method, the
Institutional Payer must file the new method with the Health Safety Net Office
before the new payment arrangement takes effect. Institutional Payers may not
change the allocation method later in the year unless there is a significant
change in the payment arrangement.
a. The
Health Safety Net Office will review allocation plans within 90 days of
receipt. During this review period the Health Safety Net Office may require an
Institutional Payer to submit supporting documentation or to make changes in
this allocation method if it finds that the method does not reasonably allocate
the portion of the global payment or capitation intended to be used for
services provided by Acute Hospitals or Ambulatory Surgical Centers.
b. An Institutional Payer must include the
portion of the global payment or capitation intended to be used for services
provided by Acute Hospitals or Ambulatory Surgical Centers, as determined by
this allocation method, in its determination of payments subject to
surcharge.
2. An
Institutional Payer must include all payments made as a result of settlements,
judgments, or audits in its determination of payments subject to surcharge. An
Institutional Payer may include payments made by Massachusetts Acute Hospitals
or Ambulatory Surgical Centers to the Institutional Payer as a result of
settlements, judgments, or audits as a credit in its determination of payments
subject to surcharge.
(b)
Monthly Payments. Institutional Payers must make
payments to the Health Safety Net Trust Fund monthly. Each Institutional Payer
must remit the surcharge amount it owes to the Health Safety Net Trust Fund,
determined pursuant to
101
CMR 614.05(5)(a), to the
Health Safety Net Office for deposit in the Health Safety Net Trust Fund.
Institutional Payers must remit the surcharge payment by the first business day
of the second month following the month for which the surcharge amount was
determined. For example, surcharge payments based on payments made to Acute
Hospitals and Ambulatory Surgical Centers in January are due by March
1st.
(c)
Biannual Surcharge Payment Option.
1. An Ambulatory Surgical Center may request
a biannual surcharge payment option if
a. it
has remitted four or fewer payments during the previous Fiscal Year;
b. it has remitted all required surcharge
payments and submitted all monthly coupons;
c. it submitted a Surcharge Verification Form
for the previous Fiscal Year; and
d.
it has reported less than $10,000 in surcharge payments in the Surcharge
Verification Form.
2. The
Health Safety Net Office notifies payers eligible for the biannual option. The
Payer may elect to receive biannual surcharge notices or to continue to receive
monthly notices. Each biannual surcharge payment equals the product of the
appropriate surcharge percentage and all payments made by the payer to
Massachusetts Acute Hospitals and Ambulatory Surgical Centers for the prior six
months.
(d) All surcharge
payments must be payable in United States dollars and drawn on a United States
bank. The Health Safety Net Office assesses a $30.00 penalty on any Surcharge
Payer whose check is returned for insufficient funds.
(e) Any Institutional Payer, except Third
Party Administrators, that has a surcharge liability of less than $5.00 in any
month or biannual payment period may delay payment until its surcharge
liability is at least $5.00. For example, XYZ Company's surcharge liability for
July is $3.50 and its liability for August is $2.00. XYZ Company may delay
payment in July but must remit a check for $5.50 in August.
(6)
Payment Process
for Individual Payers (Self-pay). There is a surcharge on certain
payments made by Individual Payers to Acute Hospitals and Ambulatory Surgical
Centers.
(a)
Billing.
1. Acute Hospitals and Ambulatory Surgical
Centers must include the surcharge amount on all bills to Individual Payers
unless
a. the Patient's liability is less
than the individual payment threshold of $10,000;
b. the Patient is a non-Massachusetts
resident for whom the Acute Hospital or Ambulatory Surgical Center can verify
that the Patient's income would otherwise qualify the Patient as a Low Income
Patient under
101
CMR 613.04: Eligible Services to Low
Income Patients; or
c. the
Patient is approved for Medical Hardship in accordance with the requirements of
101
CMR 613.05: Medical
Hardship. The bill must direct Individual Payers to pay the surcharge
to the Acute Hospital or Ambulatory Surgical Center when making payment for
services.
2. The amount
of the surcharge billed is the product of the Patient's liability to the Acute
Hospital or Ambulatory Surgical Center, and the Surcharge Percentage in effect
on the billing date.
3. The amount
of the surcharge owed by an Individual Payer is the product of the total amount
paid by the individual to an Acute Hospital or Ambulatory Surgical Center and
the Surcharge Percentage in effect on the payment date. Payments greater than
or equal to the threshold received by Acute Hospitals and Ambulatory Surgical
Centers from Individual Surcharge Payers are subject to the
surcharge.
(b) Acute
Hospitals and Ambulatory Surgical Centers must remit to the Health Safety Net
Office the surcharge amount owed by Individual Payers for every payment greater
than or equal to the threshold made by Individual Payers. If an Individual
Payer makes separate payments over a 12-month period that are equal to or
greater than the threshold and relate to an outpatient visit or inpatient stay,
the surcharge amount due applies to the aggregate amount paid for the
outpatient visit or inpatient stay. The first surcharge payment is due to the
Health Safety Net Office when the total Individual Payer payment amount reaches
the threshold.
(c) Acute Hospitals
and Ambulatory Surgical Centers must remit such surcharge payments by the first
business day of the second month following the month during which the surcharge
was received. For example, surcharge payments received by Acute Hospitals and
Ambulatory Surgical Centers in January are due to the Health Safety Net Office
on March 1st. Acute Hospitals and Ambulatory
Surgical Centers may deduct collection agency fees for the collection of
surcharge payments from Individual Payers from the total amount of surcharge
payments forwarded to the Health Safety Net Office.
(d) All payments must be payable in United
States dollars and drawn on a United States bank. The Health Safety Net Office
assesses a $30.00 penalty on any Surcharge Payer whose check is returned for
insufficient funds.
(e) If an
embassy of a foreign government pays an Acute Hospital or Ambulatory Surgical
Center bill on behalf of an individual, the Provider may either bill the
embassy for the individual's surcharge according to the billing and payment
process for Individual Payers set forth in
101
CMR 614.05(6) or bill the
embassy according to the billing process for Institutional Payers as set forth
in 101 CMR
614.05(4). If the Provider
chooses to bill the embassy as an Institutional Payer and the embassy is not
listed on the Registered Payer List, the Provider must include the embassy on
the Unmatched Payer Report and send surcharge payer registration information to
the embassy.
(7)
Penalties. If an Acute Hospital, Ambulatory Surgical
Center, or Surcharge Payer fails to forward surcharge payments pursuant to
101
CMR 614.05, the Health Safety Net Office
imposes an additional 1.5% interest penalty on the outstanding balance. The
interest is calculated from the due date. For each month a payment remains
delinquent, an additional 1.5% penalty accrues against the outstanding balance,
including prior penalties.
(a) The Health
Safety Net Office credits partial payments first to the current outstanding
liability, and second to the amount of the penalties.
(b) The Health Safety Net Office may reduce
the penalty at the Health Safety Net Office's discretion. In determining a
waiver or reduction, the Health Safety Net Office's consideration includes, but
is not limited to, the entity's payment history, financial situation, and
relative share of the payments to the Health Safety Net Trust Fund.
(8)
Administrative
Review. The Health Safety Net Office may conduct an administrative
review of surcharge payments at any time.
(a)
The Health Safety Net Office reviews data submitted by Acute Hospitals,
Ambulatory Surgical Centers, and Institutional Payers pursuant to
101
CMR 614.08, the Surcharge Payer Registration
forms submitted by Institutional Payers pursuant to
101
CMR 614.05(3)(a), and any
other pertinent data. All information provided by, or required from, any
Surcharge Payer, pursuant to
101 CMR
614.00 is subject to audit by the Health Safety Net
Office. For surcharge payments based upon a global fee or capitation allocated
according to an allocation method accepted by the Health Safety Net Office
pursuant to
101
CMR 614.05(5)(a)1., the
Health Safety Net Office's review is limited to determining whether this method
was followed accurately and whether the amounts reported were
accurate.
(b) The Health Safety Net
Office may require the Surcharge Payer to submit additional documentation
reconciling the data it submitted with data received from Acute
Hospitals.
(c) If the Health Safety
Net Office determines through its review that a Surcharge Payer's payment to
the Health Safety Net Trust Fund was materially incorrect, the Health Safety
Net Office may require a payment adjustment. Payment adjustments are subject to
interest penalties and late fees, pursuant to
101
CMR 614.05(7), from the date
the original payment was owed to the Health Safety Net Trust Fund.
(d)
Processing of Payment
Adjustments.
1.
Notification. The Health Safety Net Office notifies a
Surcharge Payer of its proposed adjustments. The notification is in writing and
contains a complete listing of all proposed adjustments, as well as the Health
Safety Net Office's explanation for each adjustment.
2.
Objection
Process. If a Surcharge Payer wishes to object to a Health Safety
Net Office proposed adjustment contained in the notification letter, it must do
so in writing, within 15 business days of the mailing of the notification
letter. The Surcharge Payer may request an extension of this period for cause.
The written objection must, at a minimum, contain
a. each adjustment to which the Surcharge
Payer is objecting;
b. the Fiscal
Year for each disputed adjustment;
c. the specific reason for each objection;
and
d. all documentation that
supports the Surcharge Payer's position.
3. Upon review of the Surcharge Payer's
objections, the Health Safety Net Office notifies the Surcharge Payer of its
determination in writing. If the Health Safety Net Office disagrees with the
Surcharge Payer's objections, in whole or in part, the Health Safety Net Office
provides the Surcharge Payer with an explanation of its reasoning.
4. The Surcharge Payer may request a
conference on objections after receiving the Health Safety Net Office's
explanation of reasons. The Health Safety Net Office schedules such conference
on objections only when it believes that further articulation of the Surcharge
Payer's position is beneficial to the resolution of the disputed
adjustments.
(e)
Payment of Adjustment Amounts. Adjustment amounts and
any interest penalty and late fee amounts are due to the Health Safety Net
Trust Fund 30 calendar days following the mailing of the notification letter.
If the Surcharge Payer submitted a written objection, then adjustment amounts
and any interest penalty and late fee amounts are due to the Health Safety Net
Trust Fund 30 calendar days following the mailing of the Health Safety Net
Office's determination. The Health Safety Net Office may establish a payment
schedule for adjustment amounts.