LRB-4251/3
DAK:kjf&jld:jf
2003 - 2004 LEGISLATURE
March 5, 2004 - Introduced by Senator Schultz. Referred to Committee on Health,
Children, Families, Aging and Long Term Care.
SB530,1,2 1An Act to amend 49.45 (3) (e) 1. and 49.45 (3) (e) 4. of the statutes; relating to:
2hospital payment or reimbursement under Medical Assistance.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS) is
authorized to develop, implement, and periodically update methods for reimbursing
or paying hospitals for allowable services or commodities that are provided to
Medical Assistance (MA) recipients. The methods may include standards and
criteria that limit reimbursement or payment to that which would be provided to an
economically and efficiently operated facility. If DHFS reimburses hospitals
retrospectively under these methods, total reimbursement for allowable services,
care, or commodities may not exceed the lower of the hospital's charges or the actual
and reasonable allowable costs to the hospital of providing the services, plus any
federal disproportionate share funding that the hospital is qualified to receive.
This bill requires, rather than authorizes, DHFS to develop, implement, and
update the methods for reimbursing or paying hospitals for MA services or
commodities. The bill changes the methods standard that is related to an
economically and efficiently operated facility to one under which the reimbursement
or payment rate for each hospital must be reasonable and adequate to meet costs that
must be incurred by efficiently and economically operated facilities in order to
provide care and services in conformity with state and federal law. The bill also
specifies that hospitals may receive federally or state authorized supplemental
payments in addition to the reimbursement or payment under the methods. The
methods do not apply to hospitals that are reimbursed based on costs. If DHFS

reimburses hospitals retrospectively under the methods, total reimbursement may
not exceed the hospital's charges for the services, plus any federal disproportionate
share funding.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB530, s. 1 1Section 1. 49.45 (3) (e) 1. of the statutes is amended to read:
SB530,2,152 49.45 (3) (e) 1. The department may shall develop, implement and periodically
3update methods for reimbursing or paying hospitals for allowable services or
4commodities provided a recipient. The methods may include standards and criteria
5for limiting any given hospital's total reimbursement or payment to that which
6would be provided to an economically and efficiently operated facility
shall provide
7a reimbursement or payment rate for each hospital that is reasonable and adequate
8to meet the costs that must be incurred by efficiently and economically operated
9facilities in order to provide care and services in conformity with applicable state
10statutes and rules and federal statutes and regulations, and quality and safety
11standards, except that these methods do not apply to hospitals, including critical
12access hospitals, that are reimbursed based on costs. In addition to the
13reimbursement rate specified under this subdivision, hospitals may receive
14supplemental payments as provided by state statutes or rules or federal statutes or
15regulations
.
SB530, s. 2 16Section 2. 49.45 (3) (e) 4. of the statutes is amended to read:
SB530,3,417 49.45 (3) (e) 4. If the department maintains a retrospective reimbursement
18system under subd. 1. for specific provided services or commodities, total
19reimbursement determined under subd. 1. for allowable services, care, or

1commodities provided recipients during the hospital's fiscal year may not exceed the
2lower of the hospital's charges for the services or the actual and reasonable allowable
3costs to the hospital of providing the services
, plus any disproportionate share
4funding that the hospital is qualified to receive under 42 USC 1396r-4.
SB530,3,55 (End)
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