Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-3 - MEDICAL ASSISTANCE › Subject 111-3-6 - INDIGENT CARE TRUST FUND › Rule 111-3-6-.02 - Contributions and Deposited and Transferred Revenues

Current through Rules and Regulations filed through June 27, 2024
(1) Contributions to the Trust Fund may be
				made by any person authorized to contribute to the Trust Fund pursuant to
				O.C.G.A. §
									31-8-153. Contributions to the
				Trust Fund shall be irrevocable and shall not include any limitation upon use
				of such contributions except as permitted in this article or by the Department.
				Contributions shall only be used for the purposes contained in O.C.G.A. §
									31-8-154.
(2) Contributions to the Trust Fund may be
				made within the time periods established by the Department during each calendar
				year. Such contributions may be deposited to the Trust Fund by means of
				electronic funds transfer, when pre-authorized by the Department.
(3) Hospital authorities, counties,
				municipalities, or other state or local public or governmental entities are
				authorized to deposit or transfer moneys to the Trust Fund. Transfer of these
				funds shall be a valid public purpose for which those funds may be expended.
				Such transfers shall be irrevocable and shall not include any limitation upon
				use of such transfer except as permitted in this article or by the Department.
				Transfers shall only be used for the purposes authorized by O.C.G.A. §
									31-8-154.
(4) Entities authorized to deposit or
				transfer moneys to the Trust Fund shall execute a contract, agreement or other
				instrument for the purpose of facilitating such deposit or transfer. Such
				contracts, agreements or other instruments shall be effective for a period of
				no more than twelve (12) months. Violation of the terms of a contract,
				agreement or other instrument executed pursuant to this Rule, or the failure of
				an entity to execute a contract, agreement, or other instrument, may result in
				the withholding or recoupment of Trust Fund payment adjustments to the subject
				disproportionate share hospital unless remedial action satisfactory to the
				Department is taken by such hospital within thirty (30) days of notice of
				deficiency by the Department.
(5)
				Contributions and revenues deposited and transferred to the Trust Fund may be
				made for expansions of Medicaid eligibility and services, for programs to
				support rural and other health care providers, primarily hospitals, who serve
				the medically indigent, for primary health care programs for medically indigent
				citizens and children of this state, or for any combination of purposes
				specified in this paragraph.
(6)
				Contributions and revenues deposited and transferred by or on behalf of a
				disproportionate share hospital later determined to be inappropriately so
				designated or which fails to meet the conditions of these Rules and the
				contracts, agreements, or other instruments executed pursuant to Rules
				111-3-6-.02(4) and
				111-3-6-.03(4)(e)14.,
				shall be returned to the contributor, depositor, or transferor with interest
				earned after collection of payments made to such hospital pursuant to the
				provisions of these rules.
(7)
				Contributions, revenues, or moneys deposited and transferred by or on behalf of
				a disproportionate share hospital which closes during the fiscal year in which
				the funds are received shall be returned with interest earned pro rata to such
				hospital, provided that the hospital has not received a disproportionate share
				hospital payment for that fiscal year. Such hospital shall not be eligible for
				further payments during that fiscal year.
(8) All contributions, revenues, or moneys
				transferred or deposited to the Trust Fund and any interest earned thereon
				which have not been appropriated by the end of the fiscal year or which have
				been appropriated but have been determined to be:
(a) Void because of having been appropriated
				in violation of O.C.G.A. §
										31-8-156;
(b) Ineligible for anticipated federal
				matching funds;
(c) Not
				contractually obligated at the end of the fiscal year for which they were
				appropriated;
(d) Subject to return
				pursuant to any rule of the Department; or
(e) Void because of violation by the
				Department of the terms of a contract, agreement, or other instrument executed
				pursuant to subsection (c) of O.C.G.A. §
										31-8-155; shall be returned to the
				Trust Fund and refunded pro rata to the entities responsible for the deposit,
				transfer or contribution. The refund shall be made by the director of the
				Fiscal Division of the Department of Administrative Services no less than
				thirty (30) days following the end of the fiscal year or such a determination
				by the Department, as applicable.