TITLE 31 HEALTH

Section 8. Care and Protection of Indigent and Elderly Patients, 31-8-1 through 31-8-306.

ARTICLE 6C HOSPITAL MEDICAID FINANCING PROGRAM

31-8-179.2. (Repealed effective June 30, 2020) Department of Community Health authorized to assess one or more provider payments on hospitals for the purpose of obtaining federal financial participation for Medicaid.

1. The board shall be authorized to establish and assess, by board rule, one or more provider payments on hospitals, or a subclass of hospitals, as defined by the board; provided, however, that if any such provider payment is established and assessed, the provider payment shall comply with the requirements of 42 C.F.R. 433.68. Any provider payment assessed pursuant to this article shall not exceed the amount necessary to obtain federal financial participation allowable under Title XIX of the federal Social Security Act. The aggregate amount of any fees established and assessed pursuant to this subsection shall not exceed those percentages of net patient revenues set forth in the General Appropriations Act. The board shall be authorized to discontinue any provider payment assessed pursuant to this article. The board shall cease to impose any such provider payment if:
   1. The provider payments are not eligible for federal matching funds under Title XIX of the federal Social Security Act; or
   2. The department reduces Medicaid payment rates to hospitals as are in effect on June 30, 2012, or reduces the provider payment rate adjustment factors utilized in developing the state Fiscal Year 2013 capitated rates for Medicaid managed care organizations.
2. The board shall be authorized to establish rules and regulations to assess and collect any such provider payments, including, but not limited to, payment frequency and schedules, required information to be submitted, record retention, and whether any such provider payment shall be credited toward any indigent or charity care requirements or considered a community benefit.

(a.1)The General Assembly shall have the authority to override any provider payment assessed by the board pursuant to this Code section in accordance with the procedures contained in subsection (f) of Code Section 50-13-4.

(Code 1981, §31-8-179.2, enacted by Ga. L. 2013, p. 1, § 1/SB 24; Ga. L. 2013, p. 1037, § 2/SB 62; Ga. L. 2014, p. 866, § 31/SB 340.)

The 2013 amendment, effective May 7, 2013, in paragraph (a)(2), substituted "2012 or reduces" for "2012; reduces", and deleted "; or alters any payment methodology, administrative rule, or payment policy as are in effect on June 30, 2012, or creates any new methodology, rule, or policy that has the effect of reducing Medicaid payments to hospitals" following "organizations" at the end.

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, substituted "42 C.F.R. 433.68" for "42 CFR 433.68" in the introductory language of subsection (a) and revised punctuation in paragraph (a)(2).