WSR 15-08-055
PROPOSED RULES
HEALTH CARE AUTHORITY
(Washington Apple Health)
[Filed March 27, 2015, 9:58 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-04-040.
Title of Rule and Other Identifying Information: WAC 182-550-4650 "Full cost" public hospital certified public expenditure (CPE) payment program, 182-550-4670 CPE payment program"Hold harmless" provision, and 182-550-5400 Payment methodPublic hospital disproportionate share hospital (PHDSH).
Hearing Location(s): Health Care Authority (HCA), Cherry Street Plaza Building, Sue Crystal Conference Room, 106B, 626 8th Avenue, Olympia, WA 98504 (metered public parking is available street side around building. A map is available at http://www.hca.wa.gov/documents/directions_to_csp.pdf or directions can be obtained by calling (360) 725-1000), on May 5, 2015, at 10:00 a.m.
Date of Intended Adoption: Not sooner than May 6, 2015.
Submit Written Comments to: HCA Rules Coordinator, P.O. Box 45504, Olympia, WA 98504-5504, delivery 626 8th Avenue, Olympia, WA 98504, e-mail arc@hca.wa.gov, fax (360) 586-9727, by 5:00 p.m. on May 5, 2015.
Assistance for Persons with Disabilities: Contact Kelly Richters by April 27, 2015, TTY (800) 848-5429 or (360) 725-1307 or e-mail kelly.richters@hca.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revisions to these sections are necessary to align with recent changes to RCW 74.09.5225(3) and to allow certain public hospitals to opt-out of the agency's CPE payment program.
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: RCW 41.05.021, 41.05.160, 74.09.5225(3).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: HCA, governmental.
Name of Agency Personnel Responsible for Drafting: Wendy Barcus, P.O. 42716, Olympia, WA 98504-2716, (360) 725-1306; Implementation and Enforcement: Tracy Sayre, P.O. Box 45076, Olympia, WA 98504-5076, (360) 725-1835.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency has analyzed the proposed rules and concludes they do not impose more than minor costs for affected small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to HCA rules unless requested by the joint administrative rules review committee or applied voluntarily.
March 27, 2015
Jason R. P. Crabbe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 12-04-022, filed 1/25/12, effective 2/25/12)
WAC 182-550-4650 "Full cost" public hospital certified public expenditure (CPE) payment program.
(1) The medicaid agency's "full cost" public hospital certified public expenditure (CPE) inpatient payment program provides payments to participating government-operated hospitals based on the "full cost" of covered medically necessary services and requires the expenditure of local funds in lieu of state funds to qualify for federal matching funds. The agency's inpatient payments to participating hospitals equal the federal matching amount for allowable costs. The agency uses the ratio of costs-to-charges (RCC) method described in WAC 182-550-4500 to determine "full cost."
(2) ((Only the following facilities are reimbursed through)) To be eligible for the "full cost" public hospital CPE payment program, the hospital must be:
(a) ((Public hospitals located in the state of Washington that are:
(i))) Operated by a public hospital district((s; and
(ii))) in the state of Washington, not certified by the department of health (DOH) as a critical access hospital, and has not chosen to opt-out of the CPE payment program as allowed in subsection (6) of this section;
(b) Harborview Medical Center; ((and)) or
(c) University of Washington Medical Center.
(3) Payments made under the inpatient CPE payment program are limited to medically necessary services provided to medical assistance clients eligible for inpatient hospital services.
(4) Each hospital described in subsection (2) of this section is responsible to provide certified public expenditures as the required state match for claiming federal medicaid funds.
(5) The agency determines the ((actual)) initial payment for inpatient hospital services under the CPE payment program by:
(a) Multiplying the hospital's medicaid RCC by the covered charges (to determine allowable costs), then;
(b) Subtracting the client's responsibility and any third party liability (TPL) from the amount derived in (a) of this subsection, then;
(c) Multiplying the state's federal medical assistance percentage (FMAP) by the amount derived in (b) of this subsection.
(6) A hospital may opt-out of the inpatient CPE payment program if the hospital:
(a) Meets the criteria for the inpatient rate enhancement under WAC 182-550-3830(6); or
(b) Is not eligible for public hospital disproportionate share hospital (PHDSH) payments under WAC 182-550-5400.
(7) To opt-out of the inpatient CPE payment program, the hospital must submit a written request to opt-out to the agency's chief financial officer by July 1st in order to be effective for January 1st of the following year.
(8) Hospitals participating in the inpatient CPE payment program must complete the applicable CPE medicaid cost reports as described in WAC 182-550-5410 for the inpatient fee-for-service cost settlements.
AMENDATORY SECTION (Amending WSR 11-14-075, filed 6/30/11, effective 7/1/11)
WAC 182-550-4670 CPE payment program—"Hold harmless" provision.
To meet legislative requirements, the ((department)) medicaid agency includes a "hold harmless" provision for eligible hospitals ((providers eligible for the)) participating in certified public expenditure (CPE) payment programs under WAC 182-550-4650 and 182-550-5400. Under the provision and subject to legislative directives and appropriations, hospitals eligible for payments under ((the)) CPE payment programs will receive no less in combined state and federal payments than they would have received under the methodologies otherwise in effect as described in this section. All hospital submissions pertaining to ((the)) CPE payment programs, including but not limited to cost report schedules, are subject to audit at any time by the ((department)) agency or its designee.
(1) The ((department)) agency:
(a) Uses historical cost and payment data trended forward to calculate prospective hold harmless grant payment amounts for the current state fiscal year (SFY); and
(b) Reconciles these hold harmless grant payment amounts when the actual claims data are available for the current fiscal year.
(2) For SFYs 2006 through 2009, the ((department)) agency calculates what the hospital would have been paid under the methodologies otherwise in effect for the SFY as the sum of:
(a) The total payments for inpatient claims for patients admitted during the fiscal year, calculated by repricing the claims using:
(i) For SFYs 2006 and 2007, the inpatient payment method in effect during SFY 2005; or
(ii) For SFYs 2008 and 2009, the payment method that would otherwise be in effect during the CPE payment program year if the CPE payment program had not been enacted.
(b) The total net disproportionate share hospital and state grant payments paid for SFY 2005.
(3) For SFY 2010 and beyond, the ((department)) agency calculates what the hospital would have been paid under the methodologies otherwise in effect for the SFY as the sum of:
(a) The total of the inpatient claim payment amounts that would have been paid during the SFY had the hospital not been in the CPE payment program;
(b) One-half of the indigent assistance disproportionate share hospital payment amounts paid to and retained by each hospital during SFY 2005; and
(c) All of the other disproportionate share hospital payment amounts paid to and retained by each hospital during SFY 2005 to the extent the same disproportionate share hospital programs exist in the 2009-2011 biennium.
(4) For each SFY, the ((department)) agency determines total state and federal payments made under the programs, including:
(a) Inpatient claim payments;
(b) Disproportionate share hospital (DSH) payments; and
(c) Supplemental upper payment limit payments, as applicable.
(5) A hospital may receive a hold harmless grant, subject to legislative directives and appropriations, when the following calculation results in a positive number:
(a) For SFY 2006 through SFY 2009, the amount derived in subsection (4) of this section is subtracted from the amount derived in subsection (2) of this section; or
(b) For SFY 2010 and beyond, the amount derived in subsection (4) of this section is subtracted from the amount derived in subsection (3) of this section.
(6) The ((department)) agency calculates interim hold harmless and final hold harmless grant amounts as follows:
(a) An interim hold harmless grant amount is calculated approximately ten months after the end of the SFY to include the paid claims for the same SFY admissions. Claims are subject to utilization review prior to the interim hold harmless calculation. Prospective grant payments made under subsection (1) of this section are deducted from the calculated interim hold harmless grant amount to determine the net grant payment amount due to or due from the hospital.
(b) The final hold harmless grant amount is calculated at such time as the final allowable federal portions of program payments are determined. The procedure is the same as the interim grant calculation but it includes all additional claims that have been paid or adjusted since the interim hold harmless calculation. Claims are subject to utilization review and audit prior to the final calculation of the hold harmless amount. Interim grant payments determined under (a) of this subsection are deducted from this final calculation to determine the net final hold harmless amount due to or due from the hospital.
AMENDATORY SECTION (Amending WSR 12-04-022, filed 1/25/12, effective 2/25/12)
WAC 182-550-5400 Payment method—Public hospital disproportionate share hospital (PHDSH).
(1) The medicaid agency's public hospital disproportionate share hospital (PHDSH) program is a certified public expenditure program for government-operated hospitals. To be eligible for PHDSH, a hospital must qualify for disproportionate share hospital (DSH) payments under WAC 182-550-4900 and be:
(a) ((Public hospitals located in the state of Washington that are:
(i))) Operated by a public hospital district((; and
(ii) Not certified by the department of health (DOH) as a critical access hospital)) in the state of Washington and participating in the "full cost" public hospital certified public expenditure (CPE) payment program described in WAC 182-550-4650;
(b) Harborview Medical Center; ((and)) or
(c) University of Washington Medical Center.
(2) The PHDSH payments to a hospital eligible under this program may not exceed the hospital's disproportionate share hospital (DSH) cap calculated according to WAC 182-550-4900(10). The hospital receives only the federal medical assistance percentage of the total computable payment amount.
(3) Hospitals receiving payment under the PHDSH program must provide the local match for the federal funds through certified public expenditures (CPE). Payments are limited to costs incurred by the participating hospitals.
(4) A hospital receiving payment under the PHDSH program must submit to the agency federally required medicaid cost report schedules apportioning inpatient and outpatient costs, beginning with the services provided during state fiscal year 2006. See WAC 182-550-5410.
(5) PHDSH payments are subject to the availability of DSH funds under the statewide DSH cap. If the statewide DSH cap is exceeded, the agency will recoup PHDSH payments first, but only from hospitals that received total inpatient and DSH payments above the hold harmless level, and only to the extent of the excess amount above the hold harmless level. See WAC 182-550-4900 (13) and (14), and 182-550-4670.