reglab/housing_qa huggingface dataset:
UT Code § 26-36b-103 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 1 - General Provisions|Section 103 - Definitions.

 Affected by 63I-1-226 on 7/1/2024  Effective 2/11/2019  26-36b-103. Definitions.  As used in this chapter:  (1) "Assessment" means the inpatient hospital assessment established by this chapter.     (2) "CMS" means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services.     (3) "Discharges" means the number of total hospital discharges reported on:   (a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or     (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available.       (4) "Division" means the Division of Health Care Financing within the department.     (5) "Enhancement waiver program" means the program established by the Primary Care Network enhancement waiver program described in Section 26-18-416.     (6) "Health coverage improvement program" means the health coverage improvement program described in Section 26-18-411.     (7) "Hospital share" means the hospital share described in Section 26-36b-203.     (8) "Medicaid accountable care organization" means a managed care organization, as defined in 42 C.F.R. Sec. 438, that contracts with the department under the provisions of Section 26-18-405.     (9) "Medicaid waiver expansion" means a Medicaid expansion in accordance with Section 26-18-3.9 or 26-18-415.     (10) "Medicare cost report" means CMS-2552-10, the cost report for electronic filing of hospitals.     (11)   (a) "Non-state government hospital" means a hospital owned by a non-state government entity.     (b) "Non-state government hospital" does not include:   (i) the Utah State Hospital; or     (ii) a hospital owned by the federal government, including the Veterans Administration Hospital.         (12)   (a) "Private hospital" means:   (i) a general acute hospital, as defined in Section 26-21-2, that is privately owned and operating in the state; and     (ii) a privately owned specialty hospital operating in the state, including a privately owned hospital whose inpatient admissions are predominantly for:   (A) rehabilitation;     (B) psychiatric care;     (C) chemical dependency services; or     (D) long-term acute care services.         (b) "Private hospital" does not include a facility for residential treatment as defined in Section 62A-2-101.       (13) "State teaching hospital" means a state owned teaching hospital that is part of an institution of higher education.     (14) "Upper payment limit gap" means the difference between the private hospital outpatient upper payment limit and the private hospital Medicaid outpatient payments, as determined in accordance with 42 C.F.R. Sec. 447.321.    Amended by Chapter 1, 2019 General Session
UT Code § 26-36b-201 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 201 - Assessment.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-201. Assessment.    (1) An assessment is imposed on each private hospital:   (a) beginning upon the later of CMS approval of:   (i) the health coverage improvement program waiver under Section 26-18-411; and     (ii) the assessment under this chapter;       (b) in the amount designated in Sections 26-36b-204 and 26-36b-205; and     (c) in accordance with Section 26-36b-202.       (2) Subject to Section 26-36b-203, the assessment imposed by this chapter is due and payable on a quarterly basis, after payment of the outpatient upper payment limit supplemental payments under Section 26-36b-210 have been paid.     (3) The first quarterly payment is not due until at least three months after the earlier of the effective dates of the coverage provided through:   (a) the health coverage improvement program;     (b) the enhancement waiver program; or     (c) the Medicaid waiver expansion.      Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36b-202 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 202 - Collection of assessment -- Deposit of revenue -- Rulemaking.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/14/2019  26-36b-202. Collection of assessment -- Deposit of revenue -- Rulemaking.    (1) The collecting agent for the assessment imposed under Section 26-36b-201 is the department.     (2) The department is vested with the administration and enforcement of this chapter, and may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to:   (a) collect the assessment, intergovernmental transfers, and penalties imposed under this chapter;     (b) audit records of a facility that:   (i) is subject to the assessment imposed by this chapter; and     (ii) does not file a Medicare cost report; and       (c) select a report similar to the Medicare cost report if Medicare no longer uses a Medicare cost report.       (3) The department shall:   (a) administer the assessment in this chapter separately from the assessment in Chapter 36d, Hospital Provider Assessment Act; and     (b) deposit assessments collected under this chapter into the Medicaid Expansion Fund created by Section 26-36b-208.      Amended by Chapter 393, 2019 General Session
UT Code § 26-36b-203 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 203 - Quarterly notice.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-203. Quarterly notice.    (1) Quarterly assessments imposed by this chapter shall be paid to the division within 15 business days after the original invoice date that appears on the invoice issued by the division.     (2) The department may, by rule, extend the time for paying the assessment.    Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36b-206 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 206 - State teaching hospital and non-state government hospital mandatory intergovernmental transfer.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-206. State teaching hospital and non-state government hospital mandatory intergovernmental transfer.    (1) The state teaching hospital and a non-state government hospital shall make an intergovernmental transfer to the Medicaid Expansion Fund created in Section 26-36b-208, in accordance with this section.     (2) The hospitals described in Subsection (1) shall pay the intergovernmental transfer beginning on the later of CMS approval of:   (a) the health improvement program waiver under Section 26-18-411; or     (b) the assessment for private hospitals in this chapter.       (3) The intergovernmental transfer is apportioned as follows:   (a) the state teaching hospital is responsible for:   (i) 30% of the portion of the hospital share specified in Subsections 26-36b-204(1)(a) through (c); and     (ii) 0% of the hospital share specified in Subsection 26-36b-204(1)(d); and       (b) non-state government hospitals are responsible for:   (i) 1% of the portion of the hospital share specified in Subsections 26-36b-204(1)(a) through (c); and     (ii) 0% of the hospital share specified in Subsection 26-36b-204(1)(d).         (4) The department shall, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, designate:   (a) the method of calculating the amounts designated in Subsection (3); and     (b) the schedule for the intergovernmental transfers.      Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36b-207 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 207 - Penalties and interest.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-207. Penalties and interest.    (1) A hospital that fails to pay a quarterly assessment, make the mandated intergovernmental transfer, or file a return as required under this chapter, within the time required by this chapter, shall pay penalties described in this section, in addition to the assessment or intergovernmental transfer.     (2) If a hospital fails to timely pay the full amount of a quarterly assessment or the mandated intergovernmental transfer, the department shall add to the assessment or intergovernmental transfer:   (a) a penalty equal to 5% of the quarterly amount not paid on or before the due date; and     (b) on the last day of each quarter after the due date until the assessed amount and the penalty imposed under Subsection (2)(a) are paid in full, an additional 5% penalty on:   (i) any unpaid quarterly assessment or intergovernmental transfer; and     (ii) any unpaid penalty assessment.         (3) Upon making a record of the division's actions, and upon reasonable cause shown, the division may waive, reduce, or compromise any of the penalties imposed under this chapter.    Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36b-208 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 208 - Medicaid Expansion Fund.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/5/2021  26-36b-208. Medicaid Expansion Fund.    (1) There is created an expendable special revenue fund known as the Medicaid Expansion Fund.     (2) The fund consists of:   (a) assessments collected under this chapter;     (b) intergovernmental transfers under Section 26-36b-206;     (c) savings attributable to the health coverage improvement program as determined by the department;     (d) savings attributable to the enhancement waiver program as determined by the department;     (e) savings attributable to the Medicaid waiver expansion as determined by the department;     (f) savings attributable to the inclusion of psychotropic drugs on the preferred drug list under Subsection 26-18-2.4(3) as determined by the department;     (g) revenues collected from the sales tax described in Subsection 59-12-103(12);     (h) gifts, grants, donations, or any other conveyance of money that may be made to the fund from private sources;     (i) interest earned on money in the fund; and     (j) additional amounts as appropriated by the Legislature.       (3)   (a) The fund shall earn interest.     (b) All interest earned on fund money shall be deposited into the fund.       (4)   (a) A state agency administering the provisions of this chapter may use money from the fund to pay the costs, not otherwise paid for with federal funds or other revenue sources, of:   (i) the health coverage improvement program;     (ii) the enhancement waiver program;     (iii) a Medicaid waiver expansion; and     (iv) the outpatient upper payment limit supplemental payments under Section 26-36b-210.       (b) A state agency administering the provisions of this chapter may not use:   (i) funds described in Subsection (2)(b) to pay the cost of private outpatient upper payment limit supplemental payments; or     (ii) money in the fund for any purpose not described in Subsection (4)(a).        Amended by Chapter 367, 2021 General Session
UT Code § 26-36b-209 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 209 - Hospital reimbursement.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-209. Hospital reimbursement.    (1) If the health coverage improvement program, the enhancement waiver program, or the Medicaid waiver expansion is implemented by contracting with a Medicaid accountable care organization, the department shall, to the extent allowed by law, include, in a contract to provide benefits under the health coverage improvement program, the enhancement waiver program, or the Medicaid waiver expansion, a requirement that the Medicaid accountable care organization reimburse hospitals in the accountable care organization's provider network at no less than the Medicaid fee-for-service rate.     (2) If the health coverage improvement program, the enhancement waiver program, or the Medicaid waiver expansion is implemented by the department as a fee-for-service program, the department shall reimburse hospitals at no less than the Medicaid fee-for-service rate.     (3) Nothing in this section prohibits a Medicaid accountable care organization from paying a rate that exceeds the Medicaid fee-for-service rate.    Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36b-210 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 210 - Outpatient upper payment limit supplemental payments.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-210. Outpatient upper payment limit supplemental payments.    (1) Beginning on the effective date of the assessment imposed under this chapter, and for each subsequent fiscal year, the department shall implement an outpatient upper payment limit program for private hospitals that shall supplement the reimbursement to private hospitals in accordance with Subsection (2).     (2) The division shall ensure that supplemental payment to Utah private hospitals under Subsection (1):   (a) does not exceed the positive upper payment limit gap; and     (b) is allocated based on the Medicaid state plan.       (3) The department shall use the same outpatient data to allocate the payments under Subsection (2) and to calculate the upper payment limit gap.     (4) The supplemental payments to private hospitals under Subsection (1) are payable for outpatient hospital services provided on or after the later of:   (a) July 1, 2016;     (b) the effective date of the Medicaid state plan amendment necessary to implement the payments under this section; or     (c) the effective date of the coverage provided through the health coverage improvement program waiver.      Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36b-211 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36b - Inpatient Hospital Assessment Act|Part 2 - Assessment and Collection|Section 211 - Repeal of assessment.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36b-211. Repeal of assessment.    (1) The assessment imposed by this chapter shall be repealed when:   (a) the executive director certifies that:   (i) action by Congress is in effect that disqualifies the assessment imposed by this chapter from counting toward state Medicaid funds available to be used to determine the amount of federal financial participation;     (ii) a decision, enactment, or other determination by the Legislature or by any court, officer, department, or agency of the state, or of the federal government, is in effect that:   (A) disqualifies the assessment from counting toward state Medicaid funds available to be used to determine federal financial participation for Medicaid matching funds; or     (B) creates for any reason a failure of the state to use the assessments for at least one of the Medicaid programs described in this chapter; or       (iii) a change is in effect that reduces the aggregate hospital inpatient and outpatient payment rate below the aggregate hospital inpatient and outpatient payment rate for July 1, 2015; or       (b) this chapter is repealed in accordance with Section 63I-1-226.       (2) If the assessment is repealed under Subsection (1):   (a) the division may not collect any assessment or intergovernmental transfer under this chapter;     (b) the department shall disburse money in the special Medicaid Expansion Fund in accordance with the requirements in Subsection 26-36b-208(4), to the extent federal matching is not reduced by CMS due to the repeal of the assessment;     (c) any money remaining in the Medicaid Expansion Fund after the disbursement described in Subsection (2)(b) that was derived from assessments imposed by this chapter shall be refunded to the hospitals in proportion to the amount paid by each hospital for the last three fiscal years; and     (d) any money remaining in the Medicaid Expansion Fund after the disbursements described in Subsections (2)(b) and (c) shall be deposited into the General Fund by the end of the fiscal year that the assessment is suspended.      Amended by Chapter 384, 2018 General SessionAmended by Chapter 468, 2018 General Session
UT Code § 26-36c-101 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36c - Medicaid Expansion Hospital Assessment Act|Part 1 - General Provisions|Section 101 - Title.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36c-101. Title.  This chapter is known as the "Medicaid Expansion Hospital Assessment Act." Enacted by Chapter 468, 2018 General Session
UT Code § 26-36c-102 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36c - Medicaid Expansion Hospital Assessment Act|Part 1 - General Provisions|Section 102 - Definitions.

 Affected by 63I-1-226 on 7/1/2024  Effective 2/11/2019  26-36c-102. Definitions.  As used in this chapter:  (1) "Assessment" means the Medicaid expansion hospital assessment established by this chapter.     (2) "CMS" means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services.     (3) "Discharges" means the number of total hospital discharges reported on:   (a) Worksheet S-3 Part I, column 15, lines 14, 16, and 17 of the 2552-10 Medicare cost report for the applicable assessment year; or     (b) a similar report adopted by the department by administrative rule, if the report under Subsection (3)(a) is no longer available.       (4) "Division" means the Division of Health Care Financing within the department.     (5) "Hospital share" means the hospital share described in Section 26-36c-203.     (6) "Medicaid accountable care organization" means a managed care organization, as defined in 42 C.F.R. Sec. 438, that contracts with the department under the provisions of Section 26-18-405.     (7) "Medicaid Expansion Fund" means the Medicaid Expansion Fund created in Section 26-36b-208.     (8) "Medicaid waiver expansion" means the same as that term is defined in Section 26-18-415.     (9) "Medicare cost report" means CMS-2552-10, the cost report for electronic filing of hospitals.     (10)   (a) "Non-state government hospital" means a hospital owned by a non-state government entity.     (b) "Non-state government hospital" does not include:   (i) the Utah State Hospital; or     (ii) a hospital owned by the federal government, including the Veterans Administration Hospital.         (11)   (a) "Private hospital" means:   (i) a privately owned general acute hospital operating in the state as defined in Section 26-21-2; or     (ii) a privately owned specialty hospital operating in the state, including a privately owned hospital for which inpatient admissions are predominantly:   (A) rehabilitation;     (B) psychiatric;     (C) chemical dependency; or     (D) long-term acute care services.         (b) "Private hospital" does not include a facility for residential treatment as defined in Section 62A-2-101.       (12) "Qualified Medicaid expansion" means an expansion of the Medicaid program in accordance with Subsection 26-18-3.9(5).     (13) "State teaching hospital" means a state owned teaching hospital that is part of an institution of higher education.    Amended by Chapter 1, 2019 General Session
UT Code § 26-36c-103 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36c - Medicaid Expansion Hospital Assessment Act|Part 1 - General Provisions|Section 103 - Application.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/8/2018  26-36c-103. Application.    (1) Other than for the imposition of the assessment described in this chapter, nothing in this chapter shall affect the nonprofit or tax exempt status of any nonprofit charitable, religious, or educational health care provider under any:   (a) state law;     (b) ad valorem property tax requirement;     (c) sales or use tax requirement; or     (d) other requirements imposed by taxes, fees, or assessments, whether imposed or sought to be imposed, by the state or any political subdivision of the state.       (2) A hospital paying an assessment under this chapter may include the assessment as an allowable cost of a hospital for purposes of any applicable Medicaid reimbursement formula.     (3) This chapter does not authorize a political subdivision of the state to:   (a) license a hospital for revenue;     (b) impose a tax or assessment upon a hospital; or     (c) impose a tax or assessment measured by the income or earnings of a hospital.      Enacted by Chapter 468, 2018 General Session
UT Code § 26-36c-201 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36c - Medicaid Expansion Hospital Assessment Act|Part 2 - Assessment and Collection|Section 201 - Assessment.

 Affected by 63I-1-226 on 7/1/2024  Effective 2/11/2019  26-36c-201. Assessment.    (1) An assessment is imposed on each private hospital:   (a) beginning upon the later of:   (i) April 1, 2019; and     (ii) CMS approval of the assessment under this chapter;       (b) in the amount designated in Sections 26-36c-204 and 26-36c-205; and     (c) in accordance with Section 26-36c-202.       (2) The assessment imposed by this chapter is due and payable in accordance with Subsection 26-36c-202(4).    Amended by Chapter 1, 2019 General Session
UT Code § 26-36c-202 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 36c - Medicaid Expansion Hospital Assessment Act|Part 2 - Assessment and Collection|Section 202 - Collection of assessment -- Deposit of revenue -- Rulemaking.

 Affected by 63I-1-226 on 7/1/2024  Effective 5/14/2019  26-36c-202. Collection of assessment -- Deposit of revenue -- Rulemaking.    (1) The department shall act as the collecting agent for the assessment imposed under Section 26-36c-201.     (2) The department shall administer and enforce the provisions of this chapter, and may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to:   (a) collect the assessment, intergovernmental transfers, and penalties imposed under this chapter;     (b) audit records of a facility that:   (i) is subject to the assessment imposed under this chapter; and     (ii) does not file a Medicare cost report; and       (c) select a report similar to the Medicare cost report if Medicare no longer uses a Medicare cost report.       (3) The department shall:   (a) administer the assessment in this part separately from the assessments in Chapter 36d, Hospital Provider Assessment Act, and Chapter 36b, Inpatient Hospital Assessment Act; and     (b) deposit assessments collected under this chapter into the Medicaid Expansion Fund.       (4)   (a) Hospitals shall pay the quarterly assessments imposed by this chapter to the division within 15 business days after the original invoice date that appears on the invoice issued by the division.     (b) The department may make rules creating requirements to allow the time for paying the assessment to be extended.      Amended by Chapter 393, 2019 General Session