Section 37 Liability of acute hospitals to Health Safety Net Trust Fund; calculation; enforcement
Section 37. (a) An acute hospital’s liability to the fund shall equal the product of (1) the ratio of its private sector charges to all acute hospitals’ private sector charges; and (2) $160,000,000. Annually, before October 1, the office, in consultation with the office of Medicaid, shall establish each acute hospital’s liability to the fund using the best data available, as determined by the division, and shall update each acute hospital’s liability to the fund as updated information becomes available. The office shall specify by regulation an appropriate mechanism for interim determination and payment of an acute hospital’s liability to the fund. An acute hospital’s liability to the fund shall in the case of a transfer of ownership be assumed by the successor in interest to the acute hospital.
(b) The office shall establish by regulation an appropriate mechanism for enforcing an acute hospital’s liability to the fund in the event that an acute hospital does not make a scheduled payment to the fund. These enforcement mechanisms may include (1) notification to the office of Medicaid requiring an offset of payments on the Title XIX claims of any such acute hospital or any health care provider under common ownership with the acute care hospital or any successor in interest to the acute hospital, and (2) the withholding by the office of Medicaid of the amount of payment owed to the fund, including any interest and late fees, and the transfer of the withheld funds into the fund. If the office of Medicaid offsets claims payments as ordered by the office, it shall not be considered to be in breach of contract or any other obligation for the payment of non-contracted services, and providers whose payment is offset under an order of the division shall serve all Title XIX recipients under the contract then in effect with the office of Medicaid, or, in the case of a non-contracting or disproportionate share hospital, under its obligation for providing services to Title XIX recipients under this chapter. In no event shall the office direct the office of Medicaid to offset claims unless an acute hospital has maintained an outstanding obligation to the fund for a period longer than 45 days and has received proper notice that the division intends to initiate enforcement actions under regulations promulgated by the office.