Section 146.98. Ambulatory surgical center assessment.

 

(1)  In this section, “ambulatory surgical center" has the meaning given in 42 CFR 416.2 .

(2)  The department of revenue may impose an assessment on ambulatory surgical centers in this state that satisfies the requirements under 42 CFR 433.68 for collecting an assessment without incurring a reduction in federal financial participation under the federal Medicaid program. The department shall allocate any assessment imposed under this section among ambulatory surgical centers in proportion to their gross patient revenue.

(3)  The department of revenue may do all of the following:

(a) Subject to sub. (2) , determine the amount of assessment under this section.

(b) Collect assessments imposed under this section from ambulatory surgical centers.

(c) Require ambulatory surgical centers to provide the department of revenue any data that is required by the department of revenue to determine assessment amounts under this section, including information regarding the medical specialty of the ambulatory surgical center.

(d) Establish deadlines by which ambulatory surgical centers shall pay assessments required under this section and provide data required under par. (c) .

(e) Impose penalties on ambulatory surgical centers that do not comply with requirements under this section or rules promulgated under sub. (5) .

(4)  The department of revenue shall transfer 99.5 percent of the moneys collected under this section to the Medical Assistance trust fund.

(5)  The department of revenue shall promulgate rules for the administration of the assessment under this section.

(6)  

(a) If the federal government does not provide federal financial participation under the federal Medicaid program for amounts collected under this section that are transferred under sub. (4) and used to make payments from the Medical Assistance trust fund, the department shall, from the fund from which the payment or expenditure was made, refund ambulatory surgical centers the amount for which the federal government does not provide federal financial participation.

(b) If the department makes a refund under par. (a) as result of failure to obtain federal financial participation under the federal Medicaid program for a payment from the Medical Assistance trust fund, the department shall recoup the part of the payment for which the federal government does not provide federal financial participation.

(c) Moneys recouped under par. (b) for payments made from the Medical Assistance trust fund shall be deposited in the Medical Assistance trust fund.

(7)  

(a) Annually, the department of health services shall submit a report to the joint committee on finance containing all of the following information for the immediately preceding fiscal year:

1. The total amount of revenue collected from eligible ambulatory surgical centers under the assessment under this section.

2. The amount each eligible ambulatory surgical center paid under the assessment under this section. The department of health services may withhold the name of the ambulatory surgical center paying the assessment but shall specify the specialty of the center paying the assessment.

3. The total amount of money received by each managed care organization, if money was received, in Medical Assistance payment increases made in connection with the implementation of the assessment under this section.

4. The total amount each managed care organization under subd. 3. paid to ambulatory surgical centers.

5. The total amount of Medical Assistance payment increases made in connection with the implementation of the assessment paid to eligible ambulatory surgical centers on a fee-for-service basis under the assessment under this section.

(b) Upon request of the department of health services, the department of revenue shall provide to the department of health services any information obtained by the department of revenue under sub. (3) (c) . The department of revenue is not required to provide under this paragraph tax information that is considered proprietary to an individual ambulatory surgical center.

2009 a. 28 ; 2011 a. 191 ; 2015 a. 314 .