2013 Wisconsin Statutes & Annotations
146. Miscellaneous health provisions.
146.98 Ambulatory surgical center assessment.
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.
(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.
History: 2009 a. 28; 2011 a. 191.
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