North Carolina § 108A-120 - (See note for repeal) Short title and purpose.

§ 108A-120. (See note for repeal) Short title and purpose.

This Article shall be known as the "Hospital Provider Assessment Act." The assessments imposed by this Article are to provide revenue to improve funding for payments for hospital services provided to Medicaid and uninsured patients. All assessment proceeds and corresponding matching federal funds must be used to make the payments required under G.S. 108A-124 . This Article does not authorize a political subdivision of the State to license a hospital for revenue or impose a tax or assessment on a hospital. History (2011-11, s. 1.) Article has a Delayed Repeal Date. - Session Laws 2020-88, s. 15.1(a), provides: "Effective July 1, 2021, Article 7 of Chapter 108A of the General Statutes is repealed." Editor's Notes. - Session Laws 2011-11, s. 3, made this article effective March 25, 2011. Session Laws 2011-11, s. 2, provides: "The Department of Health and Human Services must file with the Centers for Medicare and Medicaid Services a State Plan amendment as required under Article 7 of Chapter 108A of the General Statutes, as enacted by this act, by March 31, 2011." Session Laws 2018-49, s. 9(a), (b), provides: "(a) Consistent with Section 9 of S.L. 2015-245, as amended by Section 2(e) of S.L. 2016-121, it is the intent of the General Assembly to enact legislation during the 2019 Regular Session that will replace the Hospital Provider Assessment Act in Article 7 of Chapter 108A of the General Statutes with a similar hospital provider assessment that will preserve existing levels of funding generated by the current assessment and will result in similar overall payment levels to hospitals. "(b) By October 1, 2018, the Department of Health and Human Services shall submit a report to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice containing proposed legislative changes necessary to accomplish the intent set forth in subsection (a) of this section. The report shall include the following: "(1) A description of the new assessment calculation methodology compared to the existing methodology and an estimate of the change in proceeds or revenue from the assessment compared to historical proceeds or revenue from the assessment. "(2) A detailed description of the proposed uses for the proceeds of the tax or assessment. "(3) Assurances that the proposed legislative changes do not violate federal Medicaid laws or regulations and are consistent with federal Medicaid managed care regulations." Session Laws 2020-88, s. 15.1(a1), (a2), provides: "(a1) Notwithstanding any provision of Article 7 of Chapter 108A of the General Statutes to the contrary, the equity assessment, UPL assessment, equity payments, and UPL payments required under that Article for the partial year beginning October 1, 2020, and ending June 30, 2021, shall be carried out in accordance with this subsection. For the annual period beginning October 1, 2020, the equity payment amount and the UPL payment amount required by G.S. 108A-124 shall be calculated to exclude services rendered after June 30, 2021. In order to account for these partial-year payment amounts, the Secretary of the Department of Health and Human Services may adjust the quarterly equity payments and UPL payments required by G.S. 108A-124 . In order to account for any partial-year adjustments to the equity payments or UPL payments, the Secretary of the Department of Health and Human Services may make any necessary adjustments to the equity assessment percentage rate, the UPL assessment percentage rate, any quarterly equity assessment, and any UPL assessment required under G.S. 108A-122 and G.S. 108A-123 . "(a2) Subsection (a) of this section does not affect the rights or liabilities of the State, a hospital subject to the equity assessment or the UPL assessment, or another person arising under a statute repealed by subsection (a) of this section or arising under subsection (a1) of this section before the effective date of its repeal."