Current through Vol. 42, No. 1, September 16, 2024
(a)
Definitions. The following words and terms, when used in this
Section, shall have the following meaning, unless the context clearly indicates
otherwise:
(1)
"Advanced life
support" means emergency medical care and services which are provided by
a licensed ground ambulance services provider in accordance with Oklahoma
Administrative Code (OAC) 310:641, to include, but not limited to, advanced
airway management, intravenous therapy, administration of drugs and other
medicinal preparations, and other invasive medical procedures and specified
techniques that are limited to the Intermediate, Advanced EMT, and Paramedic
scope of practice in accordance with OAC 310:641, Subchapter 5.
(2)
"Allowable costs" means an
expenditure that complies with the regulatory principles as listed in Title 2
of the Code of Federal Regulations (C.F.R.), Section 200.
(3)
"Basic life support" means
emergency medical care and services which are provided by a licensed ground
ambulance service in accordance with OAC 310:641 to include, but not limited
to, cardiopulmonary resuscitation procedures (CPR), hemorrhage control,
stabilization of actual or possible skeletal injuries, spinal immobilization,
extrication, transportation, and other non-invasive medical care.
(4)
"Contracts with a local
government" means contracts pursuant to a county plan for ambulance and
emergency medical services with a:
(A) City,
county, or an Indian tribe as defined in Section 4 of the Indian
Self-Determination and Education Assistance Act; or
(B) Local service district, including, but
not limited to, a rural fire protection district, or all administrative
subdivisions of such city, county, or local service district.
(5)
"Eligible GEMT
provider" means a GEMT provider that meets all eligibility requirements
in OAC 317:30-5-344 and the Oklahoma Medicaid State Plan (State Plan).
(6)
"Federal financial
participation (FFP)" means the portion of medical assistance
expenditures for emergency medical services that are paid or reimbursed by the
Centers for Medicare and Medicaid Services (CMS) in accordance with the State
Plan.
(7)
"GEMT
services" means the act of transporting an individual by ground from any
point of origin to the nearest medical facility capable of meeting the
emergency medical needs of the patient, as well as the advanced,
limited-advanced, and basic life support services provided to an individual by
eligible GEMT providers before or during the act of transportation.
(8)
"Governmental unit" means
the entire state, local, or federally-recognized Indian tribal government,
including any component thereof.
(9)
"Publically owned or
operated" means a unit of government that is a state, a city, a county,
a special purpose district, or other governmental unit in a state that has
taxing authority, has direct access to tax revenues, or is an Indian tribe as
defined in Section 4 of the Indian Self-Determination and Education Assistance
Act.
(b)
Purpose. In accordance with 63 Oklahoma Statutes (O.S.) §
3242, the GEMT Supplemental Payment Program is a voluntary program which makes
supplemental payments above the Medicaid fee schedule reimbursement rate to
eligible GEMT providers for specific allowable, certified, and uncompensated
costs incurred for providing GEMT Services to SoonerCare members.
(c)
Provider eligibility. To be
eligible for supplemental payments, a GEMT provider must meet all of the
following requirements:
(1) Be enrolled as an
Oklahoma SoonerCare provider for the time period claimed on its annual cost
report;
(2) Provide ground
ambulance transportation services to SoonerCare members;
(3) Be classified as a governmental unit
provider in accordance with 2 C.F.R. 200;
(4) Comply with all applicable state and
federal law;
(5) Be an
organization that:
(A) Is publicly owned or
operated; or
(B) Is under contract
with a local government unit. A copy of any such contract must be submitted to
the Oklahoma Health Care Authority (OHCA) simultaneous with the submission of
the GEMT provider's annual cost report; and
(6) Timely submit all relevant information
requested by the OHCA, in the format as prescribed by the OHCA, including, but
not limited to, a certification that conforms with
42
C.F.R. §
433.51 that certifies that the
claimed expenditures for GEMT Services are eligible for FFP.
(d)
Allowable costs.
(1) Supplemental payments provided by this
program are available only for the specific allowable costs per medical
transport of a SoonerCare member that are in excess of the reimbursement paid
by Medicaid and all other insurers and/or third-party resources.
(2) Total reimbursement from SoonerCare,
including the supplemental payment, when combined with all other sources of
reimbursement, must not exceed one-hundred percent (100%) of actual costs of
providing services to SoonerCare members.
(e)
Payments and recoupment.
(1) The OHCA will make annual supplemental
payments after the conclusion of each state fiscal year (SFY) and in accordance
with the methodology outlined in the State Plan. The payments will be made in
the form of an interim payment and a later reconciliation payment (i.e.,
settle-up payment). The payments are not an increase to current fee-for-service
(FFS) reimbursement rates.
(2) The
interim supplemental payment will be equal to seventy-five percent (75%) of the
total allowable costs as indicated on the annual approved cost report.
(3) The reconciliation payment
will be computed by the OHCA based on the difference between the interim
supplemental payment and total allowable costs from the approved cost report.
(4) Any excess payments determined
in the reconciliation process are recouped and the federal share is returned to
CMS.
(5) Cost reconciliation and
cost settlement processes will be completed within twelve (12) months of the
end of the cost reporting period.
(f)
Reporting requirements.
(1) Eligible GEMT providers will:
(A) Submit a CMS-approved cost report
annually, no later than ninety (90) days after the close of the SFY, on a form
approved by the OHCA, unless a provider has made a written request for an
extension and such request is granted by the OHCA;
(i) After the ninety (90) day deadline, an
extension of no more than fifteen (15) calendar days can be granted; and
(ii) Extensions of time shall be
requested by a letter addressed to the Finance Division. Any such request must
be received by October 1, and must explain the good faith reason for the
extension. OHCA shall provide a written notice of any denial of a request for
an extension, which shall become effective on the date it is mailed.
(B) Provide supporting
documentation simultaneous with the cost report, as required by the OHCA;
(C) Keep, maintain, and have
readily retrievable, such records as specified by the OHCA to fully disclose
reimbursement amounts to which the eligible governmental entity is entitled,
and any other records required by CMS; and
(D) Comply with the allowable cost
requirements provided in 42 C.F.R. Part 413, 2 C.F.R. Part 200, and federal
Medicaid non-institutional reimbursement policy.
(2) Penalties for false statements or
misrepresentations made by or on behalf of the provider are established by
42
U.S.C. Section 1320a-7b which states, in
part, "Whoever (2) at any time knowingly and willfully makes or causes to be
made any false statement or representation of a material fact for use in
determining rights to such benefit or payment shall (i) in the case of such a
statement, representation, concealment, failure, or conversion by any person in
connection with the furnishing (by that person) of items or services for which
payment is or may be under the program, be guilty of a felony and upon
conviction thereof fined not more than $100,000 or imprisoned for not more than
10 years or both, or (ii) in the case of such a statement, representation,
concealment, failure, conversion, or provision of counsel or assistance by any
other person, be guilty of a misdemeanor and upon conviction thereof fined not
more than $20,000 or imprisoned for not more than one (1) year, or both."
(g)
Agency
responsibilities. The OHCA will:
(1)
Submit claims to CMS based on total computable certified expenditures for GEMT
services provided, that are allowable and in compliance with federal laws and
regulations and Medicaid non-institutional reimbursement policy;
(2) Submit on an annual basis, any necessary
materials to the federal government to provide assurances that claims will
include only those expenditures that are allowable under federal law; and
(3) Complete the audit and final
reconciliation process of the interim cost settlement payments for the services
provided within twelve (12) months of the postmark date of the cost report and
conduct on-site audits as necessary.