Section 19-214 - [Effective Upon Contingency - See Note] Hospital uncompensated care** CONTINGENCY - NOT IN EFFECT - CHAPTERS 244 AND 245 OF 2008 **
(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.(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 .(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.(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.Amended by 2020 Md. Laws, Ch. 505, Sec. 1, eff. 7/1/2020.Amended by 2016 Md. Laws, Ch. 321, Sec. 3, eff. 7/1/2016.Amended by 2014 Md. Laws, Ch. 464, Sec. 3, eff. 10/1/2014.Amended by 2013 Md. Laws, Ch. 159, Sec. 2, eff. 7/1/2013.2008, ch. 244, §4: If the State's Medicare waiver under § 1814(b) of the federal Social Security Act terminates or the provisions of 42 C.F.R. 433.68 are changed to prohibit the assessment authorized under this Act, this Act shall be abrogated and of no further force and effect.This section is set out more than once due to postponed, multiple, or conflicting amendments.