§ 447.294 Medicaid disproportionate share hospital (DSH) allotment reductions. ( a ) *Basis and purpose.* This section sets forth the DSH health reform methodology (DHRM) for calculating State-specific annual DSH allotment reductions as required under section 1923(f) of the Act.
( b ) *Definitions.* For purposes of this section— *Aggregate DSH allotment reductions* mean the amounts identified in section 1923(f)(7)(A)(ii) of the Act.
*Budget neutrality factor (BNF)* is a factor incorporated in the DHRM that takes into account the extent to which the DSH allotment for a State was included in the budget neutrality calculation for a coverage expansion approved under section 1115 as of July 31, 2009.
*DSH payment* means the amount reported in accordance with § 447.299(c)(17).
*Effective DSH allotment* means the amount of DSH allotment determined by subtracting the State-specific DSH allotment reduction from a State's unreduced DSH allotment.
*High level of uncompensated care factor (HUF)* is a factor incorporated in the DHRM that results in larger percentage DSH allotment reduction for States that do not target DSH payments on hospitals with high levels of uncompensated care.
*High Medicaid volume hospital* means a disproportionate share hospital that has an MIUR at least one standard deviation above the mean MIUR for hospitals receiving Medicaid payments in the State.
*High uncompensated care hospital* means a hospital that exceeds the mean ratio of uncompensated care costs to total Medicaid and uninsured inpatient and outpatient hospital service costs for all disproportionate share hospitals within a state.
*High volume of Medicaid inpatients factor (HMF)* is a factor incorporated in the DHRM that results in larger percentage DSH allotment reduction for States that do not target DSH payments on hospitals with high volumes of Medicaid inpatients.
*Hospital with high volumes of Medicaid inpatients* means a disproportionate share hospital that meets the requirements of section 1923(b)(1)(A) of the Act.
*Low DSH adjustment factor (LDF)* is a factor incorporated in the DHRM that results in a smaller percentage DSH allotment reduction on low DSH States.
*Low DSH State* means a State that meets the criterion described in section 1923(f)(5)(B) of the Act.
*Mean HUF reduction percentage* is determined by calculating the quotient of each state's HUF reduction amount divided by its unreduced DSH allotment, then calculating the mean for each state group, then converting the result to a percentage.
*Medicaid inpatient utilization rate (MIUR)* means the rate defined in section 1923(b)(2) of the Act.
*Non-high Medicaid volume hospital* means a disproportionate share hospitals that does not meet the requirements of section 1923(b)(1)(A) of the Act.
*State group* means similarly situated States that are collectively identified by DHRM as defined in § 447.294(e)(1).
*State-specific DSH allotment reduction* means the amount of annual DSH allotment reduction for a particular State as determined by the DHRM.
*Total hospital cost* has the meaning given the term in § 447.299(c)(20).
*Total Medicaid cost* means the amount for each hospital reported in accordance with § 447.299(c)(10).
*Total population* means the 1-year estimates data of the total non-institutionalized population identified by United States Census Bureau's American Community Survey.
*Total uninsured cost* means the amount reported for each DSH in accordance with § 447.299(c)(14).
*Uncompensated care cost* means the amount reported for each hospital in accordance with § 447.299(c)(16).
*Uncompensated care level* means a hospital's uncompensated care cost divided by the sum of its total Medicaid cost and its total uninsured cost.
*Unreduced DSH allotment* means the DSH allotment calculated under section 1923(f) of the Act prior to annual reductions under this section.
*Uninsured percentage factor (UPF)* is a factor incorporated in the DHRM that results in larger percentage DSH allotment reductions for States that have the lowest percentages of uninsured individuals.
*Uninsured population* means 1-year estimates data of the number of uninsured identified by United States Census Bureau's American Community Survey.
( c ) *Aggregate DSH allotment reduction amounts.* The aggregate DSH allotment reduction amounts are as provided in section 1923(f)(7)(A)(ii) of the Act.
( d ) *State data submission requirements.* States are required to submit the mean MIUR, determined in accordance with section 1923(b)(1)(A) of the Act, for all hospitals receiving Medicaid payments in the State and the value of one standard deviation above such mean. The State must provide this data to CMS by June 30 of each year. To determine which state plan rate year's data the state must submit, subtract 3 years from the calendar year in which the data is due.
( e ) *DHRM methodology.* Section 1923(f)(7) of the Act requires aggregate annual reduction amounts as specified in paragraph (f) of this section to be reduced through the DHRM. The DHRM is calculated on an annual basis based on the most recent data available to CMS at the time of the calculation. The DHRM is determined as follows: ( 1 ) *Establishing State groups.* For each FY, CMS will separate low-DSH States and non-low DSH states into distinct State groups.
( 2 ) *Aggregate DSH allotment reduction allocation.* CMS will allocate a portion of the aggregate DSH allotment reductions to each State group by the following: ( i ) Dividing the sum of each State group's preliminary unreduced DSH allotments by the sum of both State groups' preliminary unreduced DSH allotment amounts to determine a percentage.
( ii ) Multiplying the value of paragraph (e)(2)(i) of this section by the aggregate DSH allotment reduction amount under paragraph (c) of this section for the applicable fiscal year.
( iii ) Applying the low DSH adjustment factor under paragraph (e)(3) of this section.
( 3 ) *Low DSH adjustment factor (LDF) calculation.* CMS will calculate the LDF by the following: ( i ) Dividing each State's preliminary unreduced DSH allotment by their respective total estimated Medicaid service expenditures for the applicable fiscal year.
( ii ) Calculating for each State group the mean of all values determined in paragraph (e)(3)(i) of this section.
( iii ) Dividing the value of paragraph (e)(3)(ii) of this section for the low-DSH State group by the value of paragraph (e)(3)(ii) for the non-low DSH state group.
( 4 ) *LDF application.* CMS will determine the final aggregate DSH allotment reduction allocation for each State group through application of the LDF by the following: ( i ) Multiplying the LDF by the aggregate DSH allotment reduction for the low DSH State group.
( ii ) Utilizing the value of paragraph (e)(4)(i) of this section as the aggregate DSH allotment reduction allocated to the low DSH State group.
( iii ) Subtracting the value of paragraph (e)(4)(ii) of this section from the value of paragraph (e)(2)(ii) of this section for the low DSH State group; and
( iv ) Adding the value of paragraph (e)(4)(iii) of this section to the value of paragraph (e)(2)(ii) of this section for the non-low DSH State group.
( 5 ) *Reduction factor allocation.* CMS will allocate the aggregate DSH allotment reduction amount to three core factors by multiply the aggregate DSH allotment reduction amount for each State group by the following: ( i ) UPF—50 percent.
( ii ) HMF—25 percent.
( iii ) HUF—25 percent.
( 6 ) *Uninsured percentage factor (UPF) calculation.* CMS will calculate the UPF by the following: ( i ) Dividing the total State population by the uninsured in State for each State.
( ii ) Determining the uninsured reduction allocation component for each State as a percentage by dividing each State's value of paragraph (e)(6)(i) of this section by the sum of the values of paragraph (e)(6)(i) of this section for the respective State group (the sum of the values of all States in the State group should total 100 percent).
( iii ) Determine a weighting factor by dividing each State's unreduced DSH allotment by the sum of all preliminary unreduced DSH allotments for the respective State group.
( iv ) Multiply the weighting factor calculated in (e)(6)(iii) of this section by the value of each State's uninsured reduction allocation component from paragraph (e)(6)(ii) of this section.
( v ) Determine the UPF as a percentage by dividing the product of paragraph (e)(6)(iv) of this section for each State by the sum of the values of paragraph (e)(6)(iv) of this section for the respective State group (the sum of the values of all States in the State group should total 100 percent).
( 7 ) *UPF application and reduction amount.* CMS will determine the UPF portion of the final aggregate DSH allotment reduction allocation for each State by multiplying the State's UPF by the aggregate DSH allotment reduction allocated to the UPF factor under paragraph (e)(5) of this section for the respective State group.
( 8 ) *High volume of Medicaid inpatients factor (HMF) calculation.* CMS will calculate the HMF by determining a percentage for each State by dividing the State's total DSH payments made to non-high Medicaid volume hospitals by the total of such payments for the entire State group.
( 9 ) *HMF application and reduction amount.* CMS will determine the HMF portion of the final aggregate DSH allotment reduction allocation for each State by multiplying the State's HMF by the aggregate DSH allotment reduction allocated to the HMF factor under paragraph (e)(5) of this section for the respective State group.
( 10 ) *High level of uncompensated care factor (HUF) calculation.* CMS will calculate the HUF by determining a percentage for each State by dividing the State's total DSH payments made to non-High Uncompensated Care Level hospitals by the total of such payments for the entire State group.
( 11 ) *HUF application and reduction amount.* CMS will determine the HUF portion of the final aggregate DSH allotment reduction allocation by multiplying each State's HUF by the aggregate DSH allotment reduction allocated to the HUF factor under paragraph (e)(5) of this section for the respective State group.
( 12 ) *Section 1115 budget neutrality factor (BNF) calculation.* This factor is only calculated for States for which all or a portion of the DSH allotment was included in the calculation of budget neutrality under a section 1115 demonstration in accordance with an approval on or before July 31, 2009. CMS will calculate the BNF for qualifying States by the following: ( i ) For States in which the State's DSH allotment was included in the budget neutrality calculation for a coverage expansion that was approved under section 1115 as of July 31, 2009, determining the amount of the State's DSH allotment included in the budget neutrality calculation for coverage expansion. This amount is not subject to reductions under the HMF and HUF calculations. DSH allotment amounts included in the budget neutrality calculation for purposes other than coverage expansion for a demonstration project under section 1115 that was approved as of July 31, 2009, are subject to reduction as specified in paragraphs (e)(12)(ii) through (iv) of this section. For States whose DSH allotment was included in the budget neutrality calculation for a demonstration project that was approved under section 1115 after July 31, 2009, whether for coverage expansion or otherwise, the entire DSH allotment amount that was included in the budget neutrality calculation is subject to reduction as specified in paragraphs (e)(12)(ii) through (iv) of this section.
( ii ) Determining the amount of the State's DSH allotment included in the budget neutrality calculation subject to reduction. The amount to be assigned reductions under paragraphs (e)(12)(iii) and (iv) of this section is the total of each State's DSH allotment diverted under an approved 1115 demonstration during the period that aligns with the associated State plan rate year DSH audit utilized in the DSH allotment reductions.
( iii ) Multiplying each qualifying State's value of paragraph (e)(12)(ii) of this section by the mean HMF reduction percentage for the respective State group.
( iv ) Multiplying each qualifying State's value of paragraph (e)(12)(ii) of this section by the mean HUF reduction percentage for the respective State group.
( v ) For each State, calculating the sum of the value of paragraphs (e)(12)(iii) and of (e)(12)(iv) of this section.
( 13 ) *Section 1115 budget neutrality factor (BNF) application.* This factor will be applied in the State-specific DSH allotment reduction calculation.
( 14 ) *State-specific DSH allotment reduction calculation.* CMS will calculate the state-specific DSH reduction by the following: ( i ) Taking the sum of the value of paragraphs (e)(7), (e)(9), and (e)(11) of this section for each State.
( ii ) For States qualifying under paragraph (e)(12) of this section, adding the value of paragraph (e)(12)(v) of this section.
( iii ) Reducing the amount of paragraph (e)(14)(i) of this section for each State that does not qualify under paragraph (e)(12)(v) of this section based on the proportion of each State's preliminary unreduced DSH allotment compared to the national total of preliminary unreduced DSH allotments so that the sum of paragraph (e)(14)(iii) of this section equals the sum of paragraph (e)(12)(v) of this section.
( iv ) No state will receive a reduction as calculated in paragraph (e)(14) of this section in excess of 90 percent of its preliminary unreduced DSH allotment for the respective fiscal year. For any state assigned a reduction amount determined under paragraph (e)(14) of this section in excess of 90 percent of its unreduced DSH allotment, the reduction amount that exceeds 90 percent of that state's unreduced DSH allotment will be distributed among the remaining states in the state group that do not exceed the 90 percent reduction cap, based on the proportion of each of these remaining states' allotment reduction amount before any distribution is performed pursuant to this paragraph (e)(14)(iv) to the aggregate allotment reduction amount for the state group. This operation will be performed until all reduction amounts in excess of the 90 percent reduction cap for all states are allocated within each respective state group.
( f ) *Annual DSH allotment reduction application.* For each fiscal year identified in section 1923(f)(7)(A)(ii) of the Act, CMS will subtract the State-specific DSH allotment amount determined in paragraph (e)(14) of this section from that State's final unreduced DSH allotment. This amount is the State's final DSH allotment for the fiscal year.
[78 FR 57311, Sept. 18, 2013, as amended at 84 FR 50332, Sept. 25, 2019; 89 FR 13945, Feb. 23, 2024]