SB553, s. 43 22Section 43. 50.38 (3) of the statutes, as created by 2009 Wisconsin Act 2, is
23amended to read:
SB553,17,224 50.38 (3) The department shall establish the percentage that is applicable
25under sub. (2) (a) and (b) so that the total amount of assessments collected under this

1section
sub. (2) (a) in a state fiscal year is equal to the amount in the schedule under
2s. 20.005 (3) for the appropriation under s. 20.435 (4) (xc) for that fiscal year.
SB553, s. 44 3Section 44. 50.38 (4) of the statutes, as created by 2009 Wisconsin Act 2, is
4amended to read:
SB553,17,75 50.38 (4) Except as provided in sub. (5), each eligible hospital shall pay the
6applicable annual assessment under sub. (2) in 4 equal amounts that are due by
7September 30, December 31, March 31, and June 30 of each year.
SB553, s. 45 8Section 45. 50.38 (6) (a) 1. of the statutes, as created by 2009 Wisconsin Act
92
, is amended to read:
SB553,17,1810 50.38 (6) (a) 1. If the federal government does not provide federal financial
11participation under the federal Medicaid program for amounts collected under this
12section
sub. (2) (a) that are used to make payments required under s. 49.45 (3) (e) 11.
13or (5r), that are transferred under sub. (8) and used to make payments from the
14Medical Assistance trust fund, or that are transferred under sub. (9) and expended
15under under s. 20.435 (4) (jw), the department shall, from the fund from which the
16payment or expenditure was made, refund eligible hospitals, other than critical
17access hospitals,
the amount for which the federal government does not provide
18federal financial participation.
SB553, s. 46 19Section 46. 50.38 (6) (a) 2. of the statutes, as created by 2009 Wisconsin Act
202
, is amended to read:
SB553,17,2521 50.38 (6) (a) 2. If the department makes a refund under subd. 1. as result of
22failure to obtain federal financial participation under the federal Medicaid program
23for a payment required under s. 49.45 (3) (e) 11. or (5r) or a payment from the Medical
24Assistance trust fund, the department shall recoup the part of the payment for which
25the federal government does not provide federal financial participation.
SB553, s. 47
1Section 47. 50.38 (6) (b) of the statutes, as created by 2009 Wisconsin Act 2,
2is amended to read:
SB553,18,73 50.38 (6) (b) On June 30 of each state fiscal year, the department shall, from
4the appropriation account under s. 20.435 (4) (xc), refund to eligible hospitals, other
5than critical access hospitals,
the difference between the amount in the schedule
6under s. 20.005 (3) for that appropriation and the amount expended or encumbered
7from that appropriation in the fiscal year.
SB553, s. 48 8Section 48. 50.38 (6) (c) of the statutes, as created by 2009 Wisconsin Act 2,
9is amended to read:
SB553,18,1310 50.38 (6) (c) The department shall allocate any refund under this subsection
11to eligible hospitals, other than critical access hospitals, in proportion to the
12percentage of the total assessments collected under sub. (2) (a) that each hospital
13paid.
SB553, s. 49 14Section 49. 50.38 (6m) of the statutes is created to read:
SB553,18,2115 50.38 (6m) (a) 1. If the federal government does not provide federal financial
16participation under the federal Medicaid program for amounts collected under sub.
17(2) (b) that are used to make payments required under s. 49.45 (3) (e) 12. or that are
18transferred under sub. (10) and used to make payments from the Medical Assistance
19trust fund, the department shall, from the fund from which the payment or
20expenditure was made, refund critical access hospitals the amount for which the
21federal government does not provide federal financial participation.
SB553,19,222 2. If the department makes a refund under subd. 1. as result of failure to obtain
23federal financial participation under the federal Medicaid program for a payment
24required under s. 49.45 (3) (e) 12. or a payment from the Medical Assistance trust

1fund, the department shall recoup the part of the payment for which the federal
2government does not provide federal financial participation.
SB553,19,53 3. Moneys recouped under subd. 2. for payments made from the critical access
4hospital assessment fund shall be deposited in the critical access hospital
5assessment fund.
SB553,19,76 4. Moneys recouped under subd. 2. for payments made from the Medical
7Assistance trust fund shall be deposited in the Medical Assistance trust fund.
SB553,19,108 (b) On June 30 of each state fiscal year, the department shall, from the
9appropriation account under s. 20.435 (4) (xe), refund to critical access hospitals any
10unencumbered moneys in the critical access hospital assessment fund.
SB553,19,1311 (c) The department shall allocate any refund under this subsection to critical
12access hospitals in proportion to the percentage of the total assessments collected
13under sub. (2) (b) that each critical access hospital paid.
SB553, s. 50 14Section 50. 50.38 (7) (d) of the statutes, as created by 2009 Wisconsin Act 2,
15is amended to read:
SB553,19,1916 50.38 (7) (d) The total amount of payment increases the department made, in
17connection with implementation of the hospital assessment assessments under sub.
18(2), for inpatient and outpatient hospital services that are reimbursed on a
19fee-for-service basis.
SB553, s. 51 20Section 51. 50.38 (8) of the statutes is amended to read:
SB553,20,221 50.38 (8) In each state fiscal year, the secretary of administration shall transfer
22from the hospital assessment fund to the Medical Assistance trust fund an amount
23equal to the amount in the schedule under s. 20.005 (3) for the appropriation under
24s. 20.435 (4) (xc) for that fiscal year minus the state share of payments to hospitals

1required under s. 49.45 (3) (e) 11., and minus any refunds paid to hospitals from the
2hospital assessment fund under sub. (6) (a) in that fiscal year.
SB553, s. 52 3Section 52. 50.38 (10) of the statutes is created to read:
SB553,20,104 50.38 (10) In each state fiscal year, the secretary of administration shall
5transfer from the critical access hospital assessment fund to the Medical Assistance
6trust fund an amount equal to the amount collected under sub. (2) (b) minus the state
7share of the amount required to be expended under s. 49.45 (3) (e) 12., minus the
8amounts appropriated under s. 20.285 (1) (qe) and (qj), and minus any refunds paid
9to critical access hospitals from the critical access hospital assessment fund under
10sub. (6m) (a) in that fiscal year.
SB553, s. 53 11Section 53. Nonstatutory provisions.
SB553,20,2212 (1) State plan amendment. The department of health services shall submit a
13state medicaid plan amendment to the secretary of the federal department of health
14and human services that provides for the critical access hospital assessment under
15section 50.38 (2) (b) of the statutes, as created by this act, and expenditure of revenue
16from the critical access hospital assessment as provided in this act. If the secretary
17of the federal department of health and human services disapproves the state
18medicaid plan amendment, the department of health services shall refund to critical
19access hospitals all of the moneys collected from the critical access hospital
20assessment in the fiscal biennium in which this subsection takes effect and,
21notwithstanding section 50.38 (2) (b) of the statutes, as created by this act, stop
22collecting moneys under the critical access hospital assessment.
SB553,21,223 (2) Budgeting practices. This act does not affect any requirements under
24section 16.46 of the statutes. The departments of administration and health services
25shall review, reestimate, and request general purpose revenue for payments to

1critical access hospitals under the Medical Assistance Program under subchapter IV
2of chapter 49 of the statutes as needed.
SB553, s. 54 3Section 54. Fiscal changes.
SB553,21,84 (1) Medical assistance trust fund. In the schedule under section 20.005 (3)
5of the statutes for the appropriation to the department of health services under
6section 20.435 (4) (w) of the statutes, as affected by the acts of 2009, the dollar amount
7is increased by $3,680,500 for the second fiscal year of the fiscal biennium in which
8this subsection takes effect for the purposes for which the appropriation is made.
SB553, s. 55 9Section 55. Initial applicability.
SB553,21,1110 (1) The treatment of section 49.45 (3) (e) 12. of the statutes first applies to
11services provided by critical access hospitals on July 1, 2010.
SB553, s. 56 12Section 56. Effective date.
SB553,21,1313 (1) This act takes effect on July 1, 2010.
SB553,21,1414 (End)
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