50.378 History
History: 2015 a. 351.
50.38
50.38
Hospital assessment. 50.38(1)
(1) In this section “eligible hospital" means a hospital that is not any of the following:
50.38(1)(c)
(c) A general psychiatric hospital for which the department has issued a certificate of approval under
s. 50.35 that applies only to the psychiatric hospital, and that is not a satellite of an acute care hospital.
50.38(2)(a)(a) For the privilege of doing business in this state, there is imposed on each eligible hospital that is not a critical access hospital an assessment each state fiscal year that is equal to a uniform percentage, determined under
sub. (3), of the hospital's gross patient revenues, as reported under
s. 153.46 (5) and determined by the department. The assessments shall be deposited in the hospital assessment fund.
50.38(2)(b)
(b) For the privilege of doing business in this state, there is imposed on each critical access hospital an assessment each state fiscal year that is equal to a uniform percentage, determined under
sub. (3), of the critical access hospital's gross inpatient revenues, as reported under
s. 153.46 (5) and determined by the department. The assessments shall be deposited in the critical access hospital assessment fund.
50.38(3)
(3) The department shall establish the percentage that is applicable under
sub. (2) (a) and
(b) so that the total amount of assessments collected under
sub. (2) (a) in a state fiscal year is 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.
50.38(4)
(4) Except as provided in
sub. (5), each eligible hospital shall pay the applicable annual assessment under
sub. (2) in 4 equal amounts that are due by September 30, December 31, March 31, and June 30 of each year.
50.38(5)
(5) At the discretion of the department, a hospital that is unable timely to make a payment by a date specified under
sub. (4) may be allowed to make a delayed payment. A determination by the department that a hospital may not make a delayed payment under this subsection is final and is not subject to review under
ch. 227.
50.38(6)(a)1.1. If the federal government does not provide federal financial participation under the federal Medicaid program for amounts collected under
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
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.
50.38(6)(a)2.
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.
50.38(6)(a)3.
3. Moneys recouped under
subd. 2. for payments made from the hospital assessment fund shall be deposited in the hospital assessment fund.
50.38(6)(a)4.
4. Moneys recouped under
subd. 2. for payments made from the Medical Assistance trust fund shall be deposited in the Medical Assistance trust fund.
50.38(6)(b)
(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.
50.38(6)(c)
(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.
50.38(6m)(a)1.1. 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.
50.38(6m)(a)2.
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.
50.38(6m)(a)3.
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.
50.38(6m)(a)4.
4. Moneys recouped under
subd. 2. for payments made from the Medical Assistance trust fund shall be deposited in the Medical Assistance trust fund.
50.38(6m)(b)
(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.