Bill Text: OH HB497 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: Are repealed on that date.

Spectrum: Partisan Bill (Republican 20-0)

Status: (Introduced - Dead) 2010-04-19 - To Finance & Appropriations [HB497 Detail]

Download: Ohio-2009-HB497-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 497

Representatives Boose, Balderson 

Cosponsors: Representatives Burke, Sears, Evans, Wagner, Stebelton, Adams, J., Martin, Mecklenborg, Grossman, Combs, Huffman, Bacon, Derickson, Wachtmann, Gardner, McClain, Jordan, Hottinger 

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A BILL

To amend sections 5112.40, 5112.41, and 5112.46 of

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the Revised Code to revise the law governing

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hospital assessments and to provide that the

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provisions of this act terminate on October 1,

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2011, when sections 5112.40, 5112.41, and 5112.46

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of the Revised Code are repealed on that date.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 5112.40, 5112.41, and 5112.46 of	7
the Revised Code be amended to read as follows:	8

Sec. 5112.40.  As used in sections 5112.40 to 5112.48 of the	9
Revised Code:	10

(A) "Assessment program year" means the twelve-month period	11
beginning the first day of October of a calendar year and ending	12
the last day of September of the following calendar year.	13

(B) "Cost reporting period" means the period of time used by	14
a hospital in reporting costs for purposes of the medicare	15
program.	16

(C) "Federal fiscal year" means the twelve-month period	17
beginning the first day of October of a calendar year and ending	18
the last day of September of the following calendar year.	19

(D)(1) Except as provided in division (D)(2) of this section,	20
"hospital" means a hospital to which any of the following applies:	21

(a) The hospital is registered under section 3701.07 of the	22
Revised Code as a general medical and surgical hospital or a	23
pediatric general hospital and provides inpatient hospital	24
services, as defined in 42 C.F.R. 440.10.	25

(b) The hospital is recognized under the medicare program as	26
a cancer hospital and is exempt from the medicare prospective	27
payment system.	28

(c) The hospital is a psychiatric hospital licensed under	29
section 5119.20 of the Revised Code.	30

(2) "Hospital" does not include either of the following:

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(a) A federal hospital;

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(b) A hospital that does not charge any of its patients for	33
its services.	34

(E) "Hospital care assurance program" means the program	35
established under sections 5112.01 to 5112.21 of the Revised Code.	36

(F) "Medicaid" has the same meaning as in section 5111.01 of	37
the Revised Code.	38

(G) "Medicare" means the program established under Title	39
XVIII of the Social Security Act.	40

(H) "State fiscal year" means the twelve-month period	41
beginning the first day of July of a calendar year and ending the	42
last day of June of the following calendar year.	43

(I)(1) Except as provided in divisions (I)(2) and (3) of this	44
section, "total facility costs" means the total costs to a	45
hospital for all care provided to all patients, including the	46
direct, indirect, and overhead costs to the hospital of all	47
services, supplies, equipment, and capital related to the care of	48
patients, regardless of whether patients are enrolled in a health	49
insuring corporation.	50

(2) "Total facility costs" excludes all of the following of a	51
hospital's costs as shown on the cost-reporting data used for	52
purposes of determining the hospital's assessment under section	53
5112.41 of the Revised Code:	54

(a) Skilled nursing services provided in distinct-part	55
nursing facility units;	56

(b) Home health services;

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(c) Hospice services;

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(d) Ambulance services;

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(e) Renting durable medical equipment;

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(f) Selling durable medical equipment;

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(g) Uncompensated care, as defined in section 5112.01 of the	62
Revised Code, provided to uninsured patients;	63

(h) Services provided to medicare beneficiaries.

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(3) "Total facility costs" excludes any costs excluded from a	65
hospital's total facility costs pursuant to rules, if any, adopted	66
under division (B) of section 5112.46 of the Revised Code.	67

Sec. 5112.41.  (A) For the purposes specified in section	68
5112.45 of the Revised Code and subject to section 5112.48 of the	69
Revised Code, there is hereby imposed an assessment on all	70
hospitals each assessment program year. The amount of a hospital's	71
assessment for an assessment program year shall equal, except as	72
provided in division (D) of this section, the percentage specified	73
inestablished under division (B)(C) of this section of the	74
hospital's total facility costs for the period of time specified	75
in division (C)(B) of this section. The amount of a hospital's	76
total facility costs shall be derived from cost-reporting data for	77
the hospital submitted to the department of job and family	78
services for purposes of the hospital care assurance program. The	79
cost-reporting data used to determine a hospital's assessment is	80
subject to the same type of adjustments made to the data under the	81
hospital care assurance program.	82

(B) The percentage specified in this division is the	83
following:	84

(1) For the first assessment program year beginning after the	85
effective date of this section, one and fifty-two hundredths per	86
cent;	87

(2) Subject to division (D) of this section, for the second	88
assessment program year after the effective date of this section	89
and each successive assessment program year, one and sixty-one	90
hundredths per cent.	91

(C) The period of time specified in this division is the	92
hospital's cost reporting period that ends in the state fiscal	93
year that ends in the federal fiscal year that precedes the	94
federal fiscal year that precedes the assessment program year for	95
which the assessment is imposed.	96

(D)(C) The department of job and family services shall apply	97
to the United States secretary of health and human services for a	98
waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second	99
assessment program year after the effective date of this section	100
and each successive assessment program year, a tiered percentages	101
to be used under this section for the assessment on hospitals'	102
total facility costs instead of applying the percentage specified	103
in division (B)(2) of this section. The highest percentage shall	104
not exceed one and one-half per cent. If the United States	105
secretary denies the waiver, the department shall apply the	106
establish a uniform percentage specified in division (B)(2) of	107
this section for the second assessment program year after the	108
effective date of this section and each successiveto be used for	109
the assessment program year. The percentage shall not exceed one	110
and one-half per cent.	111

(E)(D) The assessment imposed by this section on a hospital	112
is in addition to the assessment imposed by section 5112.06 of the	113
Revised Code.	114

Sec. 5112.46.  (A) The director of job and family services	115
may adopt, amend, and rescind rules in accordance with Chapter	116
119. of the Revised Code as necessary to implement sections	117
5112.40 to 5112.48 of the Revised Code.	118

(B) The rules adopted under this section may provide that a	119
hospital's total facility costs for the purpose of the assessment	120
under section 5112.41 of the Revised Code exclude any of the	121
following:	122

(1) A hospital's costs associated with providing care to	123
recipients of any of the following:	124

(a) The medicaid program;

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(b) The medicare program;

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(c) The disability financial assistance program established	127
under Chapter 5115. of the Revised Code;	128

(d)(c) The program for medically handicapped children	129
established under section 3701.023 of the Revised Code;	130

(e)(d) Services provided under the maternal and child health	131
services block grant established under Title V of the Social	132
Security Act.	133

(2) Any other category of hospital costs the director deems	134
appropriate under federal law and regulations governing the	135
medicaid program.	136

Section 2.  That existing sections 5112.40, 5112.41, and	137
5112.46 of the Revised Code are hereby repealed.	138

Section 3.  The amendment of sections 5112.40, 5112.41, and	139
5112.46 of the Revised Code is not intended to supersede the	140
earlier repeal, with delayed effective date, of those sections.	141

Section 4.  Sections 5112.40, 5112.41, and 5112.46 of the	142
Revised Code, as amended by this act, shall take effect October 1,	143
2010.	144