2009 Wisconsin Act 190

50.38 (6) (a) 1. If the federal government does not provide federal financial participation under the federal Medicaid program for amounts collected under this section sub. (2) (a) that are used to make payments required under s. 49.45 (3) (e) 11. or (5r), that are transferred under sub. (8) and used to make payments from the Medical Assistance trust fund, or that are transferred under sub. (9) and expended under under s. 20.435 (4) (jw), the department shall, from the fund from which the payment or expenditure was made, refund eligible hospitals , other than critical access hospitals, the amount for which the federal government does not provide federal financial participation.

190,46 Section 46. 50.38 (6) (a) 2. of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

50.38 (6) (a) 2. If the department makes a refund under subd. 1. as result of failure to obtain federal financial participation under the federal Medicaid program for a payment required under s. 49.45 (3) (e) 11. or (5r) or a payment from the Medical Assistance trust fund, the department shall recoup the part of the payment for which the federal government does not provide federal financial participation.

190,47 Section 47. 50.38 (6) (b) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

50.38 (6) (b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xc), refund to eligible hospitals, other than critical access hospitals, the difference between the amount in the schedule under s. 20.005 (3) for that appropriation and the amount expended or encumbered from that appropriation in the fiscal year.

190,48 Section 48. 50.38 (6) (c) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

50.38 (6) (c) The department shall allocate any refund under this subsection to eligible hospitals , other than critical access hospitals, in proportion to the percentage of the total assessments collected under sub. (2) (a) that each hospital paid.

190,49 Section 49. 50.38 (6m) of the statutes is created to read:

50.38 (6m) (a) 1. If the federal government does not provide federal financial participation under the federal Medicaid program for amounts collected under sub. (2) (b) that are used to make payments required under s. 49.45 (3) (e) 12. or that are transferred under sub. (10) and used to make payments from the Medical Assistance trust fund, the department shall, from the fund from which the payment or expenditure was made, refund critical access hospitals the amount for which the federal government does not provide federal financial participation.

2. If the department makes a refund under subd. 1. as result of failure to obtain federal financial participation under the federal Medicaid program for a payment required under s. 49.45 (3) (e) 12. or a payment from the Medical Assistance trust fund, the department shall recoup the part of the payment for which the federal government does not provide federal financial participation.

3. Moneys recouped under subd. 2. for payments made from the critical access hospital assessment fund shall be deposited in the critical access hospital assessment fund.

4. Moneys recouped under subd. 2. for payments made from the Medical Assistance trust fund shall be deposited in the Medical Assistance trust fund.

(b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xe), refund to critical access hospitals any unencumbered moneys in the critical access hospital assessment fund.

(c) The department shall allocate any refund under this subsection to critical access hospitals in proportion to the percentage of the total assessments collected under sub. (2) (b) that each critical access hospital paid.

190,50 Section 50. 50.38 (7) (d) of the statutes, as created by 2009 Wisconsin Act 2, is amended to read:

50.38 (7) (d) The total amount of payment increases the department made, in connection with implementation of the hospital assessment assessments under sub. (2), for inpatient and outpatient hospital services that are reimbursed on a fee-for-service basis.

190,51 Section 51. 50.38 (8) of the statutes is amended to read:

50.38 (8) In each state fiscal year, the secretary of administration shall transfer from the hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount in the schedule under s. 20.005 (3) for the appropriation under s. 20.435 (4) (xc) for that fiscal year minus the state share of payments to hospitals required under s. 49.45 (3) (e) 11., and minus any refunds paid to hospitals from the hospital assessment fund under sub. (6) (a) in that fiscal year.

190,52 Section 52. 50.38 (10) of the statutes is created to read:

50.38 (10) In each state fiscal year, the secretary of administration shall transfer from the critical access hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount collected under sub. (2) (b) minus the state share of the amount required to be expended under s. 49.45 (3) (e) 12., minus the amounts appropriated under s. 20.285 (1) (qe) and (qj), and minus any refunds paid to critical access hospitals from the critical access hospital assessment fund under sub. (6m) (a) in that fiscal year.

190,53 Section 53. Nonstatutory provisions.

(1) State plan amendment. The department of health services shall submit a state medicaid plan amendment to the secretary of the federal department of health and human services that provides for the critical access hospital assessment under section 50.38 (2) (b) of the statutes, as created by this act, and expenditure of revenue from the critical access hospital assessment as provided in this act. If the secretary of the federal department of health and human services disapproves the state medicaid plan amendment, the department of health services shall refund to critical access hospitals all of the moneys collected from the critical access hospital assessment in the fiscal biennium in which this subsection takes effect and, notwithstanding section 50.38 (2) (b) of the statutes, as created by this act, stop collecting moneys under the critical access hospital assessment.

(2) Budgeting practices. This act does not affect any requirements under section 16.46 of the statutes. The departments of administration and health services shall review, reestimate, and request general purpose revenue for payments to critical access hospitals under the Medical Assistance Program under subchapter IV of chapter 49 of the statutes as needed.

190,54 Section 54. Fiscal changes.

(1) Medical assistance trust fund. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $3,680,500 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purposes for which the appropriation is made.

190,55 Section 55. Initial applicability.

(1) The treatment of section 49.45 (3) (e) 12. of the statutes first applies to services provided by critical access hospitals on July 1, 2010.

190,56 Section 56. Effective date.

(1) This act takes effect on July 1, 2010.