Section 124870 Of Chapter 6. Small And Rural Hospitals From California Health And Safety Code >> Division 106. >> Part 4. >> Chapter 6.
124870
. (a) The department shall adopt regulations that will
provide for an increase in reimbursement rates for outpatient
services rendered to Medi-Cal patients by small and rural hospitals,
as defined in Section 124840, over and above those reimbursement
rates specified in Section 51509 of the California Code of
Regulations. The amount of this increase shall be governed by the
funding allocated for this specific purpose in the Budget Act, or in
another specific appropriation measure.
(b) The rate adjustment authorized by subdivision (a) shall be
allocated to eligible hospitals as follows:
(1) A separate percentage increase shall be calculated for minimum
floor and nonminimum floor hospitals based on the ratio of each
small and rural hospitals' Medi-Cal outpatient payments to the total
of all small and rural hospitals' Medi-Cal outpatient payments during
the preceding calendar year, as determined by the department. The
percentage rate increase for minimum floor hospitals shall be 125
percent of the rate increase percentage calculated for nonminimum
floor hospitals. The combined rate increases for minimum floor and
nonminimum floor hospitals shall not exceed the funds appropriated
for this purpose.
(2) For purposes of this section, "minimum floor hospital" means a
hospital (A) where Medi-Cal payments for outpatient services during
the preceding calendar year were less than 1/2 percent of the total
of Medi-Cal payments for outpatient services rendered by all small
and rural hospitals during that period and (B) where the total gross
patient revenue from all sources during that period was less than ten
million dollars ($10,000,000).
(3) For purposes of this section, "nonminimum floor hospital"
means a hospital (A) where Medi-Cal payments for outpatient services
during the preceding calendar year equaled or exceeded 1/2 percent or
of the total of Medi-Cal payments for outpatient services rendered
by all small and rural hospitals during that period or (B) where the
total gross patient revenue from all sources during that period was
ten million dollars ($10,000,000) or more.
(c) For the purpose of calculating the percentage increase, if any
eligible hospital had less than a full year of operation upon which
to determine the ratio of Medi-Cal expenditures as defined in
paragraph (1) of subdivision (b), the department shall extrapolate
the Medi-Cal paid claims expenditures for that hospital to estimate a
full year's Medi-Cal claims expenditure.
(d) Payment under this section shall be contingent upon submission
of approved claims for Medi-Cal outpatient services rendered after
January 1, 1989.
(e) The Director of Health Services shall adopt emergency
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code to
implement the rate adjustments required under this section. The
adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
or safety. Notwithstanding any provision of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, emergency regulations adopted by the department to
implement the rate adjustments required under this section shall not
be subject to any review, approval, or disapproval by the Office of
Administrative Law at any stage of the rulemaking process. These
regulations shall become effective immediately upon their filing with
the Secretary of State.
(f) Notwithstanding any other provision of law, reimbursement
rates adopted pursuant to this section shall not exceed the hospital'
s usual and customary charges for services rendered.
(g) The department shall maximize federal financial participation
in implementing this section.
(h) This section shall become operative July 1, 1989.