Section 1820.110 - Rate Setting for Psychiatric Inpatient Hospital Services for Negotiated Rate, Fee-for-Service/Medi-Cal Hospitals(a) Except as approved by the Department pursuant to Section 1810.438, reimbursement for acute psychiatric inpatient hospital services for each Fee-for-Service/Medi-Cal hospital with a contract with any MHP, shall be based on a per diem rate established through negotiations between the hospital and the MHP in the county in which the hospital is located except when: (1) The MHP from the county in which the hospital is located delegates the rate negotiation responsibilities to an MHP in another county with the agreement of that MHP.(2) The MHP from the county in which the hospital is located declines to contract with the hospital or is otherwise exempt from contracting under this Subchapter and another MHP wants to negotiate rates. The MHP shall request approval from the Department to be designated as the negotiator. The Department shall approve the request unless approval has already been given to another MHP.(3) The hospital is located in a border community and an MHP wants to negotiate rates. The MHP shall request approval from the Department to be designated as the negotiator.(4) A hospital is owned or operated by the same organizational entity as the MHP. The per diem rate must be submitted by the MHP and approved by the Department. The Department shall approve a per diem rate submitted by the MHP if it is not greater than the highest per diem rate within the State, negotiated by a different MHP for a different hospital.(b) Except as approved by the Department pursuant to Section 1810.438, the per diem rate shall include routine hospital services and all hospital-based ancillary services.(c) Except as approved by the Department pursuant to Section 1810.438, only one rate for each allowable psychiatric accommodation code for each negotiated rate Fee-for-Service/Medi-Cal hospital may be established and shall be used by all MHPs with that hospital. The negotiated rate shall not be subject to retrospective adjustment to cost.(d) Except as approved by the Department pursuant to Section 1810.438, reimbursement for administrative day services shall be the rate established in accordance with Title 22, Section 51542 except for facility-specific reimbursements determined by the Department in accordance with Title 22, Section 51511(a)(2)(B) plus an allowance for hospital-based ancillary services equal to 25 percent of the maximum rate established under Title 22, Section 51542(a)(3).(e) For both acute psychiatric inpatient hospital services and administrative day services, reimbursement to the hospital shall be based on the per diem rate, less third party liability and patient share of cost.(f) Except as approved by the Department pursuant to Section 1810.438, the hospital shall submit reimbursement claims for Medi-Cal psychiatric inpatient hospital services to the fiscal intermediary based on its usual and customary charges.(g) Except as approved by the Department pursuant to Section 1810.438, at the end of each fiscal year, the Department shall compare, in aggregate, usual and customary charges to per diem rate for each hospital. Future claims shall be offset by the amount that the per diem rate exceeds the usual and customary charges for that fiscal year.(h) Except as approved by the Department pursuant to Section 1810.438, the per diem rate included in the contract less third party liability and patient share of costs shall be considered to be payment in full for acute psychiatric inpatient hospital services to a beneficiary. The per diem rate established pursuant to Subsection (d) less third party liability and patient share of costs shall be considered to be payment in full for administrative day services to a beneficiary.(i) The MHP shall not be responsible to reimburse Fee-for-Service/Medi-Cal hospitals that deliver Medicare covered services to a beneficiary for any Medicare coinsurance and deductible payments due to the provider from the Medi-Cal program pursuant to Title 42, United States Code, Section 1396 a(a)(n).Cal. Code Regs. Tit. 9, § 1820.110
1. New section filed 10-31-97 as an emergency; operative 11-1-97 (Register 97, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-2-98 as an emergency; operative 3-2-98 (Register 98, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-17-98 as an emergency; operative 6-30-98 (Register 98, No. 25). Pursuant to Chapter 324 (Statutes of 1998) Item 4440-103-0001(4), a Certificate of Compliance must be transmitted to OAL by 7-1-99 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of HISTORY 3 (Register 98, No. 39).
5. Editorial correction extending Certificate of Compliance date to 7-1-2001 pursuant to Chapter 50 (Statutes of 1999) Item 4440-103-0001(4) (Register 99, No. 33). Notwithstanding any other provision of law, emergency regulations adopted pursuant to Welfare and Institutions Code section 14680 to implement the second phase of mental health managed care as provided in this part shall remain in effect until permanent regulations are adopted, or June 30, 2006, whichever occurs first.
6. Editorial correction of HISTORY 5 (Register 2000, No. 42).
7. Editorial correction of HISTORY 5 and repealer and new section filed 5-19-2006; operative 6-18-2006 (Register 2006, No. 20).
8. Change without regulatory effect amending subsection (d) and NOTE filed 8-24-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 35). Note: Authority cited: Sections 10725, 14680 and 14700, Welfare and Institutions Code. Reference: Sections 14684, 14714 and 14718, Welfare and Institutions Code; and Title 42, United States Code, Section 1396 a(a)(n).
1. New section filed 10-31-97 as an emergency; operative 11-1-97 (Register 97, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-2-98 as an emergency; operative 3-2-98 (Register 98, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-98 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 6-17-98 as an emergency; operative 6-30-98 (Register 98, No. 25). Pursuant to Chapter 324 (Statutes of 1998) Item 4440-103-0001(4), a Certificate of Compliance must be transmitted to OAL by 7-1-99 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction ofHistory3 (Register 98, No. 39).
5. Editorial correction extending Certificate of Compliance date to 7-1-2001 pursuant to Chapter 50 (Statutes of 1999) Item 4440-103-0001(4) (Register 99, No. 33). Notwithstanding any other provision of law, emergency regulations adopted pursuant to Welfare and Institutions Code section 14680 to implement the second phase of mental health managed care as provided in this part shall remain in effect until permanent regulations are adopted, or June 30, 2006, whichever occurs first.
6. Editorial correction ofHistory5 (Register 2000, No. 42).
7. Editorial correction ofHistory5 and repealer and new section filed 5-19-2006; operative 6-18-2006 (Register 2006, No. 20).
8. Change without regulatory effect amending subsection (d) and Note filed 8-24-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 35).