Amendment SSA2-SB297

LRBs0410/1

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2011 - 2012 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 2011 SENATE BILL 297

March 9, 2012 - Offered by Senator Galloway.

SB297-SSA2,1,2 An Act to create 146.98 (6) of the statutes; relating to: refunds under ambulatory surgical center assessment.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Revenue (DOR) may impose an assessment on ambulatory surgical centers. The Department of Health Services (DHS) allocates any assessment among the ambulatory surgical centers in proportion to their gross patient revenue. The DOR, if it imposes an assessment, must transfer 99.5 percent of the moneys collected to the Medical Assistance (MA) trust fund, which pays some of the costs for the MA program.

Under this substitute amendment, if the federal government does not pay the federal share under the MA program for any payment made with ambulatory surgical center assessment revenue, DHS is required to refund to ambulatory surgical centers the amount of assessment revenue for which the federal government does not pay its share. In addition, the substitute amendment requires DHS to recoup any payments that are made with ambulatory surgical center assessment revenue and for which the federal government does not pay its share under the MA program.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB297-SSA2, s. 1 Section 1. 146.98 (6) of the statutes is created to read:

SB297-SSA2,2,7 146.98 (6) (a) If the federal government does not provide federal financial participation under the federal Medicaid program for amounts collected under this section that are transferred under sub. (4) 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 ambulatory surgical centers the amount for which the federal government does not provide federal financial participation.

SB297-SSA2,2,12 (b) If the department makes a refund under par. (a) as result of failure to obtain federal financial participation under the federal Medicaid program for 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.

SB297-SSA2,2,14 (c) Moneys recouped under par. (b) for payments made from the Medical Assistance trust fund shall be deposited in the Medical Assistance trust fund.

SB297-SSA2,2,15 (End)