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§ 19-214. Recommendations regarding uncompensated care

West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2020 to September 30, 2024

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: July 1, 2020 to September 30, 2024
MD Code, Health - General, § 19-214
§ 19-214. Recommendations regarding uncompensated care
<Section effective until occurrence of contingency specified in Acts 2008, c. 244, § 4, and Acts 2008, c. 245, § 4. See, also, § 19-214 effective upon occurrence of contingency specified in Acts 2008, c. 244, § 4, and Acts 2008, c. 245, § 4.>
In general
(a) The Commission shall assess the underlying causes of hospital uncompensated care and make recommendations to the General Assembly on the most appropriate alternatives to:
(1) Reduce uncompensated care; and
(2) Assure the integrity of the payment system.
Regulations
(b) The Commission may adopt regulations establishing alternative methods for financing the reasonable total costs of hospital uncompensated care and the disproportionate share hospital payment provided that the alternative methods:
(1) Are in the public interest;
(2) Will equitably distribute the reasonable costs of uncompensated care and the disproportionate share hospital payment;
(3) Will fairly determine the cost of reasonable uncompensated care and the disproportionate share hospital payment included in hospital rates;
(4) Will continue incentives for hospitals to adopt fair, efficient, and effective credit and collection policies; and
(5) Will not result in significantly increasing costs to Medicare or termination of the all-payer model contract.
Use of funds
(c) Any funds generated through hospital rates under an alternative method adopted by the Commission in accordance with subsection (b) of this section may only be used to finance the delivery of hospital uncompensated care and the disproportionate share hospital payment.
Assessment of rates
(d)(1) On or after July 1, 2009, if the expansion of health care coverage under Chapter 7 of the Acts of the General Assembly of the 2007 Special Session reduces hospital uncompensated care, the Commission:
(i) Shall determine the savings realized in averted uncompensated care for each hospital individually; and
(ii) May assess an amount in each hospital's rates equal to a portion of the savings realized in averted uncompensated care for that hospital.
(2) The Commission shall ensure that any savings realized in averted uncompensated care not subject to the assessment under paragraph (1) of this subsection be shared among purchasers of hospital services in a manner that the Commission determines is most equitable.
(3) Each hospital shall remit any assessment under this subsection to the Health Care Coverage Fund established under § 15-701 of this article.

Credits

Added as Health-General § 19-207.3 by Acts 1992, c. 375, § 1, eff. June 1, 1992. Renumbered as Health-General § 19-214 and amended by Acts 1999, c. 702, § 2, eff. Oct. 1, 1999. Amended by Acts 2007, 1st Sp. Sess., c. 7, § 1, eff. Nov. 19, 2007; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2008, c. 244, § 1, eff. July 1, 2008; Acts 2008, c. 245, § 1, eff. July 1, 2008; Acts 2009, c. 310, § 1, eff. June 1, 2009; Acts 2009, c. 311, § 1, eff. June 1, 2009; Acts 2009, c. 487, § 1, eff. June 1, 2009; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 397, eff. June 1, 2011; Acts 2012, 1st Sp. Sess., c. 1, § 1, eff. June 1, 2012; Acts 2014, c. 263, § 1, eff. July 1, 2014; Acts 2014, c. 464, § 3, eff. Oct. 1, 2014; Acts 2016, c. 321, § 3, eff. July 1, 2016; Acts 2019, c. 6, § 1, eff. June 1, 2019; Acts 2020, c. 505, § 1, eff. July 1, 2020.
MD Code, Health - General, § 19-214, MD HEALTH GEN § 19-214
Current through all legislation from the 2020 Regular Session of the General Assembly.
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