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H.B. 331 Enrolled

    

HOSPITAL TAX AMENDMENTS

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: John L. Valentine

    AN ACT RELATING TO HEALTH AND REVENUE AND TAXATION; EXTENDING AND
    REDUCING THE MEDICAID HOSPITAL PROVIDER TEMPORARY ASSESSMENT
    FOR A ONE-YEAR PERIOD; MODIFYING THE MANNER IN WHICH THE RATE
    OF ASSESSMENT MAY BE CALCULATED; MAKING TECHNICAL CHANGES;
    AND PROVIDING AN EFFECTIVE DATE.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         26-36-105, as last amended by Chapter 209, Laws of Utah 1995
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 26-36-105 is amended to read:
         26-36-105. Assessment, collection, and payment of Medicaid Hospital Provider
     Temporary Assessment.
        (1) Beginning on May 1, or the effective date of this act, whichever is later, a uniform,
    broad based, temporary assessment is imposed on each hospital, hospital-based ambulatory
    surgical facility, and freestanding ambulatory surgical facility as follows:
        (a) for hospitals, a quarterly rate of assessment times:
        (i) the number of adjusted inpatient days for the hospital; or
        (ii) another factor adopted by rule by the executive director; and
        (b) for freestanding ambulatory surgical facilities, and hospital-based ambulatory surgical
    facilities, a quarterly rate of assessment times:
        (i) the number of patient encounters for the facility; or
        (ii) another factor adopted by rule by the executive director.
        (c) The rate of assessment imposed under [this subsection] Subsection (1)(b) shall not
    exceed the equivalent of $1 per patient encounter.
        (2) The quarterly rate of assessment imposed by Subsection (1) shall be determined as


    follows:
        (a) The executive director shall on a quarterly basis set an assessment rate that will generate
    revenues for fiscal years 1995-96 [and], 1996-97, and 1997-98 in an amount not to exceed
    [$9,000,000] $6,500,000 in each fiscal year.
        (b) When setting the rate of assessment, the executive director shall consult with
    representatives of health care providers, including hospitals and other informed persons. The
    quarterly adjustment shall be such that within the restrictions of Subsection (2)(a), the total state
    funding for the Medicaid program shall remain substantially constant after adjustments for inflation,
    and increases in eligibility rolls or changes in benefits or services, as provided by law. For purposes
    of this section, the funding from the General Fund and from any restricted accounts created by this
    act or by Title 26, Chapter 35, Nursing Facility Assessment Act or any other appropriations from
    state funds for Medicaid services shall not be less than the amount funded by the state for Medicaid
    services for fiscal year ending June 30, 1993.
        (3) (a) The assessment imposed by this act is due and payable on a quarterly basis on or
    before the last day of the month next succeeding each quarterly period. The first quarterly period for
    this act shall end on June 30, 1993.
        (b) The collecting agent for the assessment shall be the department which is vested with the
    administration and enforcement of this act, including the right to audit records of a hospital or
    ambulatory surgical facility related to inpatient days and patient encounters as specified in Section
    26-36-106.
        (c) The department shall forward proceeds from the assessment imposed by this act to the
    state treasurer for deposit into a restricted account of the General Fund known as the "Medicaid
    Hospital Provider Temporary Assessment Account" created in Section 26-36-107.
        Section 2. Effective date.
        This act takes effect on July 1, 1997.

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