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§ 19-213. Assessment and collection of user fees

West's Annotated Code of MarylandHealth--GeneralEffective: June 1, 2017

West's Annotated Code of Maryland
Health--General
Title 19. Health Care Facilities (Refs & Annos)
Subtitle 2. Health Services Cost Review Commission (Refs & Annos)
Part II. Health Care Facility Rate Setting
Effective: June 1, 2017
MD Code, Health - General, § 19-213
§ 19-213. Assessment and collection of user fees
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Facilities” means hospitals and related institutions whose rates have been approved by the Commission.
In general
(b) The Commission shall assess and collect user fees on facilities as defined in this section.
User fee requirements
(c)(1) The total fees assessed by the Commission may not exceed $16,000,000.
(2) The total user fees assessed by the Commission may not exceed the Special Fund appropriation for the Commission by more than 20%.
(3) The user fees assessed by the Commission shall be used exclusively to cover the actual documented direct costs of fulfilling the statutory and regulatory duties of the Commission in accordance with the provisions of this subtitle and any administrative costs for services to the Commission provided by the Department.
(4) The Commission shall pay all funds collected from fees assessed in accordance with this section into the Health Services Cost Review Commission Fund.
(5) The user fees assessed by the Commission may be expended only for purposes authorized by the provisions of this subtitle.
(6) The amount specified in paragraph (1) of this subsection limits only the total user fees the Commission may assess in a fiscal year.
Health Services Cost Review Commission Fund
(d)(1) There is a Health Services Cost Review Commission Fund.
(2) The Fund is a special continuing, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.
(3) The Treasurer shall separately hold, and the Comptroller shall account for, the Fund.
(4) The Fund shall be invested and reinvested in the same manner as other State funds.
(5) Any investment earnings shall be retained to the credit of the Fund.
(6) The Fund shall be subject to an audit by the Office of Legislative Audits as provided for in § 2-1220 of the State Government Article.
(7) This section may not be construed to prohibit the Fund from receiving funds from any other source.
(8) The Fund shall be used only to provide funding for the Commission and for the purposes authorized under this subtitle. The costs of the Commission include the administrative costs incurred by the Department on behalf of the Commission.
Duties of Commission
(e) The Commission shall:
(1) Assess user fees for each facility equal to the sum of:
(i) The amount equal to one half of the total user fees times the ratio of admissions of the facility to total admissions of all facilities; and
(ii) The amount equal to one half of the total user fees times the ratio of gross operating revenue of each facility to total gross operating revenues of all facilities;
(2) Establish minimum and maximum assessments; and
(3) Assess each facility on or before June 30 of each year.
Payments to Commission
(f) On or before September 1 of each year, each facility assessed under this section shall make payment to the Commission. The Commission shall make provision for partial payments.
Late payments
(g) Any bill not paid within 30 days of an agreed payment date may be subject to an interest penalty to be determined by the Commission.
Termination of section
(h)(1) This section shall terminate and be of no effect on the first day of July following the cessation of a waiver by law or agreement for Medicare and Medicaid between the State of Maryland and the federal government.
(2) If notice of intent to terminate is made by the federal government to this State prior to the first day of an intervening session of the Maryland General Assembly, this section shall expire June 30 of the following calendar year. However, under no circumstances shall less than seven calendar months occur between notice of termination and expiration of this section.

Credits

Added as Health-General § 19-207.1 by Acts 1983, c. 132, § 1, eff. July 1, 1983. Amended by Acts 1986, c. 684, § 1, eff. July 1, 1986; Acts 1988, c. 391, § 1, eff. July 1, 1988; Acts 1991, c. 169, § 1, eff. July 1, 1991; Acts 1992, c. 18, § 1, eff. July 1, 1992; Acts 1993, c. 136, § 1, eff. July 1, 1993; Acts 1995, c. 319, § 1, eff. July 1, 1995; Acts 1997, c. 238, § 1, eff. Oct. 1, 1997; Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 1999, c. 613, § 1, eff. Oct. 1, 1999. Renumbered as Health-General § 19-213 and amended by Acts 1999, c. 702, § 2, eff. Oct. 1, 1999. Amended by Acts 2000, c. 375, § 1, eff. Oct. 1, 2000; Acts 2001, c. 498, § 1, eff. June 1, 2001; Acts 2004, c. 430, § 4, eff. July 1, 2004; Acts 2005, c. 444, § 1, eff. July 1, 2005; Acts 2006, c. 107, § 1, eff. July 1, 2006; Acts 2007, c. 628, § 1, eff. July 1, 2007; Acts 2008, c. 641, § 1, eff. Oct. 1, 2008; Acts 2011, c. 582, § 1, eff. July 1, 2011; Acts 2014, c. 263, § 1, eff. July 1, 2014; Acts 2017, c. 23, § 1, eff. June 1, 2017.

Editors' Notes

HISTORICAL AND STATUTORY NOTES
1995 Legislation
Acts 1995, c. 319, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 1995. It shall remain effective for a period of 3 years and, at the end of June 30, 1998, and with no further action required by the General Assembly, this Act shall be abrogated and of no further force and effect.”
1997 Legislation
Acts 1997, c. 238, § 1, amended Acts 1995, c. 319, § 2, to read:
“SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1, 1995. It shall remain effective for a period of 5 years and, at the end of June 30, 2000, and with no further action required by the General Assembly, this Act shall be abrogated and of no further force and effect.”
1999 Legislation
Acts 1999, c. 613, § 2, amended Acts 1995, c. 319, § 2, as amended by Acts 1997, c. 238, by deleting provision providing for abrogation of the Acts 1995, c. 319, on June 30, 2000.
2001 Legislation
Acts 2001, c. 498, § 2, provides:
“SECTION 2. AND BE IT FURTHER ENACTED, That, notwithstanding the provisions of Section 1 of this Act, the Health Services Cost Review Commission may not increase the amount of total user fees assessed in any fiscal year beyond $3,500,000 until the later of:
(1) July 1, 2001; or
(2) the Commission's completion of an assessment of the financial condition and future viability of Maryland's hospitals and submission of a report, in accordance with § 2-1246 of the State Government Article, on its findings and plan of corrective action to the Senate Finance Committee, the Senate Budget and Taxation Committee, the House Environmental Matters Committee, and the House Economic Matters Committee.”
2004 Legislation
Acts 2004, c. 430, § 27, provides:
“SECTION 27. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
2005 Legislation
Acts 2005, c. 444, § 1, in subsec. (c)(1)(i), substituted “each of fiscal years 2005 and 2006” for “fiscal year 2005”; in subsec. (c)(1)(ii), substituted “2007” for “2006”; and, in subsec. (d)(8), substituted “each of fiscal years 2005 and 2006” for “fiscal year 2005”.
Acts 2005, c. 444, § 36, provides:
“SECTION 36. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
2007 Legislation
Acts 2007, c. 628, §§ 3 and 4 provide:
“SECTION 3. AND BE IT FURTHER ENACTED, That the Health Services Cost Review Commission, in consultation with the Maryland Hospital Association, shall:
“(1) study alternatives to the annual update factor as restrictions on increases in the Commission's budget that would:
“(i) ensure that Commission user-fee increases are reasonable; and
“(ii) allow adequate budget growth for the Commission; and
“(2) report on recommended alternatives, on or before November 1, 2007, to the Senate Finance Committee, and the House Health and Government Operations Committee, in accordance with § 2-1246 of the State Government Article.
“SECTION 4. AND BE IT FURTHER ENACTED, That the Health Services Cost Review Commission shall report to the Senate Finance Committee, and the House Health and Government Operations Committee, on or before November 1, 2007, in accordance with § 2-1246 of the State Government Article, on the implementation of the plan of the Commission to spend down the balance in the Commission Fund to ten percent of total annual costs by the end of fiscal 2007.”
2017 Legislation
Acts 2017, c. 23, § 26, provides:
“SECTION 26. AND BE IT FURTHER ENACTED, That if any provision of this Act or the application thereof to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.”
MD Code, Health - General, § 19-213, MD HEALTH GEN § 19-213
Current through legislation effective July 1, 2020, from the 2020 Regular Session of the General Assembly.
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