act-2004-0-69•Pennsylvania Act 2004-69 — PUBLIC WELFARE CODE - MEDICAID MANAGED CARE ORGANIZATION ASSESSMENTS AND INTERMEDIATE CARE FACILITIES FOR MENTALLY RETARDED PERSONS ASSESSMENTS
Pennsylvania Act 2004-69 — PUBLIC WELFARE CODE - MEDICAID MANAGED CARE ORGANIZATION ASSESSMENTS AND INTERMEDIATE CARE FACILITIES FOR MENTALLY RETARDED PERSONS ASSESSMENTS
act-2004-0-692004 Pa. Act 69Law
Act text
PUBLIC WELFARE CODE - MEDICAID MANAGED CARE ORGANIZATION ASSESSMENTS AND
INTERMEDIATE CARE FACILITIES FOR MENTALLY RETARDED PERSONS ASSESSMENTS
Act of Jul. 4, 2004, P.L. 528, No. 69 Cl. 67
Session of 2004
No. 2004-69
HB 1039
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," providing for Medicaid
managed care organization assessments, for intermediate care
facilities for the mentally retarded persons assessments, for
administration of assessments by the Department of Public
Welfare, for enforcement and for a report on certain
pharmaceutical programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, is amended by adding articles to
read:
ARTICLE VIII-B
MEDICAID MANAGED CARE ORGANIZATION ASSESSMENTS
Section 801-B. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assessment percentage." The rate assessed pursuant to this
article on every Medicaid managed care organization.
"Assessment period." The time period identified in the
contract.
"Assessment proceeds." The State revenue collected from the
assessment provided for in this article, any Federal funds
received by the Commonwealth as a direct result of the
assessment and any penalties and interest received under section
810-B.
"Contract." The agreement between a Medicaid managed care
organization and the Department of Public Welfare.
"County Medicaid managed care organization." A county, or an
entity organized and controlled directly or indirectly by a
county or a city of the first class, that is a party to a
Medicaid managed care contract with the Department of Public
Welfare.
"Department." The Department of Public Welfare of the
Commonwealth.
"Medicaid." The program established under Title XIX of the
Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.).
"Medicaid managed care organization." A Medicaid managed
care organization as defined in section 1903(m)(1)(A) of the
Social Security Act (49 Stat. 620, 42 U.S.C. § 1396b(m)(1)(A))
that is a party to a Medicaid managed care contract with the
Department of Public Welfare. The term shall include a county
Medicaid managed care organization and a permitted assignee of a
Medicaid managed care contract but shall not include an assignor
of a Medicaid managed care contract.
"Secretary." The Secretary of Public Welfare of the
Commonwealth.
"Social Security Act." 49 Stat. 620, 42 U.S.C. § 301 et
seq.)
Section 802-B. Authorization.
The department shall implement an assessment on each Medicaid
managed care organization, subject to the conditions and
requirements specified in this article.
Section 803-B. Implementation.
The assessment shall be implemented on an annual basis,
through periodic submissions not to exceed five times per year
by Medicaid managed care organizations, as a health care-related
fee as defined in section 1903(w)(3)(B) of the Social Security
Act, or any amendments thereto, and may be imposed and is
required to be paid only to the extent that the revenues
generated from the assessment qualify as the State share of
program expenditures eligible for Federal financial
participation.
Section 804-B. Assessment percentage.
(a) Amount.--The assessment percentage shall be uniform for
all Medicaid managed care organizations, determined in
accordance with this section and implemented by the department
as approved by the Governor after notification to and in
consultation with the Medicaid managed care organizations. The
assessment percentage shall be subject to the maximum aggregate
amount that may be assessed pursuant to 42 CFR 433.68(f)(3)(i)
(relating to permissible health care-related taxes after the
transition period) or any subsequent maximum established by
Federal law.
(b) Notice.--Subject to the provisions of subsection (c),
the department shall notify each Medicaid managed care
organization of a proposed assessment percentage. Medicaid
managed care organizations shall have 30 days from the date of
the proposed assessment percentage notice to provide written
comments to the department regarding the proposed assessment.
Upon expiration of the 30-day comment period, the department,
after consideration of the comments, shall provide each Medicaid
managed care organization with a second notice announcing the
assessment percentage. Once effective, an assessment percentage
will remain in effect until the department notifies each
Medicaid managed care organization of a new assessment
percentage in accordance with the notice provisions contained in
this section.
(c) Initial assessment.--The initial assessment percentage
may be imposed retroactively to the beginning of an assessment
period beginning on or after July 1, 2004. Once effective, the
initial assessment percentage will remain in effect until the
department notifies each Medicaid managed care organization of a
new assessment percentage in accordance with the notice
provisions contained in this section.
Section 805-B. Calculation and payment.
Using the assessment percentage established under section
804-B, each Medicaid managed care organization shall calculate
the assessment amount for each assessment period on a report
form specified by the contract and shall submit the completed
report form and total amount owed to the department on a due
date specified by the contract. The Medicaid managed care
organization shall report net operating revenue for purposes of
the assessment calculation as specified in the contract.
Section 806-B. Use of assessment proceeds.
No Medicaid managed care organization shall be guaranteed a
repayment of its assessment in derogation of 42 CFR 433.68(f),
provided, however, in each fiscal year in which an assessment is
implemented, the department shall use the assessment proceeds to
maintain actuarially sound rates as defined in the contract for
the Medicaid managed care organizations to the extent
permissible under Federal and State law or regulation and
without creating a guarantee to hold harmless, as those terms
are used in 42 CFR 433.68(f) (relating to permissible health
care-related taxes after the transition period).
Section 807-B. Records.
Upon written request by the department, a Medicaid managed
care organization shall furnish to the department such records
as the department may specify in order to determine the amount
of assessment due from the Medicaid managed care organization or
to verify that the Medicaid managed care organization has
calculated and paid the correct amount due. The requested
records shall be provided to the department within 30 days from
the date of the Medicaid managed care organization's receipt of
the written request unless required at an earlier date for
purposes of the department's compliance with a request from a
Federal or another State agency.
Section 808-B. Payment of assessment.
In the event that the department determines that a Medicaid
managed care organization has failed to pay an assessment or
that it has underpaid an assessment, the department shall
provide written notification to the Medicaid managed care
organization within 180 days of the original due date of the
amount due, including interest, and the date on which the amount
due must be paid, which shall not be less than 30 days from the
date of the notice. In the event that the department determines
that a Medicaid managed care organization has overpaid an
assessment, the department shall notify the Medicaid managed
care organization in writing of the overpayment, and, within 30
days of the date of the notice of the overpayment, the Medicaid
managed care organization shall advise the department to either
authorize a refund of the amount of the overpayment or offset
the amount of the overpayment against any amount that may be
owed to the department by the Medicaid managed care
organization.
Section 809-B. Appeal rights.
A Medicaid managed care organization that is aggrieved by a
determination of the department relating to the assessment may
file a request for review of the decision of the department by
the Bureau of Hearings and Appeals within the department, which
shall have exclusive primary jurisdiction in such matters. The
procedures and requirements of 67 Pa.C.S. Ch. 11 (relating to
medical assistance hearings and appeals) shall apply to requests
for review filed pursuant to this section except that, in any
such request for review, a Medicaid managed care organization
may not challenge the assessment percentage determined by the
department pursuant to section 804-B.
Section 810-B. Enforcement.
In addition to any other remedy provided by law, the
department may enforce this article by imposing one or more of
the following remedies:
(1) When a Medicaid managed care organization fails to
pay an assessment or penalty in the amount or on the date
required by this article, the department may add interest at
the rate provided in section 806 of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, to the unpaid
amount of the assessment or penalty from the date prescribed
for its payment until the date it is paid.
(2) When a Medicaid managed care organization fails to
submit a report form concerning the calculation of the
assessment or to furnish records to the department as
required by this article, the department may impose a penalty
against the Medicaid managed care organization in the amount
of $1,000 per day for each day the report form or required
records are not submitted or furnished to the department. If
the $1,000 per day penalty is imposed, it shall commence on
the first day after the date for which a report form or
records are due.
(3) When a Medicaid managed care organization fails to
pay all or part of an assessment or penalty within 30 days of
the date that payment is due, the department may deduct the
unpaid assessment or penalty and any interest owed from any
capitation payments due to the Medicaid managed care
organization until the full amount is recovered. Any
deduction shall be made only after written notice to the
Medicaid managed care organization.
(4) Upon written request by a Medicaid managed care
organization to the secretary, the secretary may waive all or
part of the interest or penalties assessed against a Medicaid
managed care organization pursuant to this article for good
cause as shown by the Medicaid managed care organization.
Section 811-B. Time periods.
The assessment authorized in this article shall not be
imposed or paid prior to July 1, 2004, or in the absence of
Federal financial participation as described in section 803-B.
The assessment shall cease on June 30, 2008, or earlier if
required by law.
ARTICLE VIII-C
INTERMEDIATE CARE FACILITIES FOR MENTALLY RETARDED PERSONS
ASSESSMENTS
Section 801-C. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Assessment." The fee implemented pursuant to this article
on every intermediate care facility for mentally retarded
persons.
"Department." The Department of Public Welfare of the
Commonwealth.
"Intermediate care facility for mentally retarded persons" or
"ICF/MR." A public or private facility defined in section 1905
of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1905).
"Medicaid." The program established under Title XIX of the
Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.).
"Medical assistance program" or "program." The medical
assistance program as administered by the Department of Public
Welfare.
"Secretary." The Secretary of Public Welfare of the
Commonwealth.
"Social Security Act." 49 Stat. 620, 42 U.S.C. § 301 et seq.
Section 802-C. Authorization.
In order to generate additional revenues for medical
assistance program recipients to have access to medically
necessary mental retardation services, the department shall
implement a monetary assessment on each ICF/MR subject to the
conditions and requirements specified in this article.
Section 803-C. Implementation.
The ICF/MR assessments shall be implemented on an annual
basis as a health care-related tax as defined in section
1903(w)(3)(B) of the Social Security Act, or any amendments
thereto, and may be imposed and is required to be paid only to
the extent that the revenues generated from the assessment will
qualify as the State share of program expenditures eligible for
Federal financial participation.
Section 804-C. Amount.
The assessment rate shall be determined in accordance with
this article and implemented on an annual basis by the
department, as approved by the Governor, upon notification to
and in consultation with the ICFs/MR. In each year in which the
assessment is implemented, the assessment rate shall equal the
amount established by the department subject to the maximum
aggregate amount that may be assessed pursuant to the 6%
indirect guarantee threshold set forth in 42 CFR 433.68(f)(3)(i)
(relating to permissible health care-related taxes after the
transition period) or any other maximum aggregate amount
established by law.
Section 805-C. Administration.
(a) Notice of assessment.--The secretary, before
implementing an assessment in any fiscal year, shall publish a
notice in the Pennsylvania Bulletin that specifies the amount of
the assessment being proposed and an explanation of the
assessment methodology and amount determination that identifies
the aggregate impact on ICFs/MR subject to the assessment.
Interested parties shall have 30 days in which to submit
comments to the secretary. Upon expiration of the 30-day comment
period, the secretary, after consideration of the comments,
shall publish a second notice in the Pennsylvania Bulletin
announcing the rate of the assessment.
(b) Review of assessment.--Except as permitted under section
809-C, the secretary's determination of the aggregate amount and
the rate of the assessment pursuant to subsection (a) shall not
be subject to administrative or judicial review under 2 Pa.C.S.
Chs. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) and 7 Subch. A (relating to judicial
review of Commonwealth agency action) or any other provision of
law. No assessment implemented under this article nor forms or
reports required to be completed by ICFs/MR pursuant to this
article shall be subject to the act of July 31, 1968 (P.L.769,
No.240), referred to as the Commonwealth Documents Law, the act
of October 15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act, or the act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
Section 806-C. Calculation.
Using the assessment rate implemented by the secretary
pursuant to section 804-C, each ICF/MR shall calculate the
assessment amounts it owes for a calendar quarter on a form
specified by the department and shall submit the form and the
amount owed to the department no later than the last day of that
calendar quarter or 30 days from the date of the department's
second notice published pursuant to section 805-C(a), whichever
is later.
Section 807-C. Purposes and uses.
No ICF/MR shall be directly guaranteed a repayment of its
assessment in derogation of 42 CFR 433.68 (relating to
permissible health care-related taxes after the transition
period), provided, however, in each fiscal year in which an
assessment is implemented, the department shall use the State
revenue collected from the assessment and any Federal funds
received by the Commonwealth as a direct result of the
assessment to fund services for persons with mental retardation.
Section 808-C. Records.
Upon request by the department, an ICF/MR shall furnish to
the department such records as the department may specify in
order to determine the assessment rate for a fiscal year or the
amount of the assessment due from the ICF/MR or to verify that
the ICF/MR has paid the correct amount due. In the event that
the department determines that an ICF/MR has failed to pay an
assessment or that it has underpaid an assessment, the
department shall notify the ICF/MR in writing of the amount due,
including interest, and the date on which the amount due must be
paid, which shall not be less than 30 days from the date of the
notice. In the event that the department determines that an
ICF/MR has overpaid an assessment, the department shall notify
the ICF/MR in writing of the overpayment and, within 30 days of
the date of the notice of the overpayment, shall either
authorize a refund of the amount of the overpayment or offset
the amount of the overpayment against any amount that may be
owed to the department by the ICF/MR.
Section 809-C. Appeal rights.
An ICF/MR that is aggrieved by a determination of the
department as to the amount of the assessment due from the
ICF/MR or a remedy imposed pursuant to section 810-C may file a
request for review of the decision of the department by the
Bureau of Hearings and Appeals within the department, which
shall have exclusive jurisdiction in such matters. The
procedures and requirements of 67 Pa.C.S. Ch. 11 (relating to
medical assistance hearings and appeals) shall apply to requests
for review filed pursuant to this section except that, in any
such request for review, an ICF/MR may not challenge the
assessment rate determined by the secretary, but only whether
the department correctly determined the assessment amount due
from the ICF/MR using the assessment rate in effect for the
fiscal year.
Section 810-C. Enforcement.
In addition to any other remedy provided by law, the
department may enforce this article by imposing one or more of
the following remedies:
(1) When an ICF/MR fails to pay an assessment or penalty
in the amount or on the date required by this article, the
department may add interest at the rate provided in section
806 of the act of April 9, 1929 (P.L.343, No.176), known as
The Fiscal Code, to the unpaid amount of the assessment or
penalty from the date prescribed for its payment until the
date it is paid.
(2) When an ICF/MR fails to file a report or to furnish
records to the department as required by this article, the
department may impose a penalty against the ICF/MR in the
amount of $1,000 per day for each day the report or required
records are not filed or furnished to the department.
(3) When an ICF/MR fails to pay all or part of an
assessment or penalty within 60 days of the date that payment
is due, the department may terminate the ICF/MR from
participation in the medical assistance program and/or deduct
the unpaid assessment or penalty and any interest owed
thereon from any payments due to the ICF/MR until the full
amount is recovered. Any such termination or payment
deduction shall be made only after written notice to the
ICF/MR.
(4) The secretary may waive all or part of the interest
or penalties assessed against an ICF/MR pursuant to this
article for good cause as shown by the ICF/MR.
Section 811-C. Time periods.
The assessment authorized in this article shall not be
imposed prior to July 1, 2003, and shall cease on June 30, 2009,
or earlier if required by law.
Section 2. Within one year of the effective date of this
act, the Department of Public Welfare shall provide a report to
the Public Health and Welfare Committee of the Senate and the
Health and Human Services Committee of the House of
Representatives on pharmaceutical programs available within this
Commonwealth that benefit residents with significant
pharmaceutical costs, including those receiving medical
assistance. The report shall include recommendations as to how
the department and the Commonwealth may maximize the
effectiveness of such programs and how the department and the
Commonwealth may enhance the ability of Pennsylvanians to
participate in such programs. The report may include
recommendations on the following:
(1) Outreach to Pennsylvanians who may take advantage of
such programs.
(2) Eligibility requirements.
(3) Copayments.
(4) Notifications to affected groups and agencies.
Section 3. This act shall take effect immediately.
APPROVED--The 4th day of July, A. D. 2004.
EDWARD G. RENDELL
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