Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 324.00 - Nonpublic Ambulance Service Reimbursement Trust Fund Assessment and Funding › Section 324.04 - Nonpublic Ambulance Provider's Liability and Payment to the Nonpublic Ambulance Service Reimbursement Trust Fund

Current through Register 1525, July 5, 2024
(1)
Uniform Assessment
. EOHHS will annually set the
			 uniform assessment at a percentage not less than 0.25% lower than the maximum
			 limit for a provider assessment pursuant to
			 42 CFR
			 433.68(f), inclusive of an
			 annual amount of $500,000; provided, that the annual amount of $500,000 will be
			 for administrative costs of EOHHS as described in
			 101
			 CMR 324.03(3). This
			 percentage will be listed before October 1st of each
			 year and will be set as a percentage of the nonpublic emergency ambulance
			 assessed charges of each such nonpublic ambulance provider for its most
			 recently completed fiscal year (unless EOHHS determines that the most recent
			 fiscal year does not accurately represent typical total operating revenue for
			 the nonpublic ambulance provider because of exceptional circumstances, in which
			 case EOHHS may use nonpublic emergency ambulance assessed charges from an
			 earlier completed fiscal year). Such uniform assessment will not be implemented
			 unless and until EOHHS receives notice of approval from the Centers for
			 Medicare & Medicaid Services of federal financial participation for
			 expenditures related to the assessment. Upon receiving such approval, EOHHS may
			 implement the assessment for the quarter beginning July 1, 2021, and later as
			 described in
			 101
			 CMR 324.04(4)(c), and
			 require payment within 45 days (or such additional period designated by EOHHS
			 by administrative bulletin or other written guidance) of such approval or the
			 end of the relevant quarter, whichever comes later.
(2)
Applicability of
			 Assessment
. All nonpublic ambulance providers, regardless of
			 payment model, are subject to the uniform assessment including, but not limited
			 to, those nonpublic ambulance providers in fee-for-service and managed care
			 arrangements. A nonpublic ambulance provider's liability to the fund will, in
			 the case of a transfer of ownership or other change in control, be assumed by
			 the successor in interest to the nonpublic ambulance provider or any provider
			 under common interest.
(3)
Reporting of Nonpublic Emergency Ambulance Assessed
			 Charges
.
(a) Each nonpublic
			 ambulance provider is required to report its nonpublic emergency ambulance
			 assessed charges each year. Such reporting will be completed through the filing
			 of the Ambulance Cost Report with the Center, subject to all requirements under
			 957 CMR
			 6.00:
Cost Reporting Requirements
and
			 using the total operating revenue for basic life and advanced life service of
			 Schedule E of the Ambulance Cost Reports, or through an alternative reporting
			 method designated by EOHHS
via
administrative bulletin or
			 other written issuance.
(b) If a
			 nonpublic ambulance provider fails to report nonpublic emergency ambulance
			 assessed charges, or, if in the determination of EOHHS, the nonpublic ambulance
			 provider has improperly reported its nonpublic emergency ambulance assessed
			 charges or the assessed charges do not accurately represent typical total
			 operating revenue for the nonpublic ambulance provider because of exceptional
			 circumstances, EOHHS may calculate such amounts based on data within its
			 possession or audit the nonpublic ambulance provider. If EOHHS determines
			 through its review that a nonpublic ambulance assessed charges were materially
			 different than reported, EOHHS may require a payment adjustment. Payment
			 adjustments are subject to interest penalties and late fees, pursuant to
			 101
			 CMR 324.06(1), from the date
			 the original payment was owed to the Trust Fund.