Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 172 (2015GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/31/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• imposes a uniform assessment on ambulance service providers;
• directs the Division of Health Care Financing to collect the assessment;
• gives the division the authority to impose a penalty on an ambulance service provider that declines to pay the assessment; and
• provides for the administration of the funds collected through the assessment.

Every vote on this bill

Bill text

EMERGENCY MEDICAL SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
Brad R. Wilson
LONG TITLE
General Description:
This bill enacts provisions related to an assessment on ambulance service providers.
Highlighted Provisions:
This bill:
▸ imposes a uniform assessment on ambulance service providers;
▸ directs the Division of Health Care Financing to collect the assessment;
▸ gives the division the authority to impose a penalty on an ambulance service
provider that declines to pay the assessment; and
▸ provides for the administration of the funds collected through the assessment.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
ENACTS:
26-37a-101
, Utah Code Annotated 1953
26-37a-102
, Utah Code Annotated 1953
26-37a-103
, Utah Code Annotated 1953
26-37a-104
, Utah Code Annotated 1953
26-37a-105
, Utah Code Annotated 1953
26-37a-106
, Utah Code Annotated 1953
26-37a-107
, Utah Code Annotated 1953
26-37a-108
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-37a-101
 is enacted to read:
CHAPTER 37a. AMBULANCE SERVICE PROVIDER ASSESSMENT
Part 1. General Provisions
 26-37a-101.
Title.
This chapter is known as "Ambulance Service Provider Assessment."
Section 2. Section 
26-37a-102
 is enacted to read:
 26-37a-102.
Definitions.
As used in this chapter:
(1) "Ambulance provider" means:
(a) an ambulance provider as defined in Section 
26-8a-102
; or
(b) a non-911 service provider as defined in Section 
26-8a-102
.
(2) "Assessment" means the Medicaid ambulance provider assessment established by
this chapter.
(3) "Division" means the Division of Health Care Financing within the department.
(4) "Non-federal portion" means the non-federal share the division needs to seed
amounts that will support fee-for-service ambulance provider rates, as described in Section
26-27a-105
.
(5) "Total transports" means the number of total ambulance transports applicable to a
given fiscal year, as determined under Subsection 
26-37a-104
(5).
Section 3. Section 
26-37a-103
 is enacted to read:
 26-37a-103.
Assessment, collection, and payment of ambulance service provider
assessment.
(1) An ambulance service provider shall pay an assessment to the division:
(a) in the amount designated in Section 
26-37a-104
;
(b) in accordance with this chapter;
(c) quarterly, on a day determined by the division by rule made under Subsection
(2)(b); and
(d) no more than 15 business days after the day on which the division issues the
ambulance service provider notice of the assessment.
(2) The division shall:
(a) collect the assessment described in Subsection (1);
(b) determine, by rule made in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, standards and procedures for implementing and enforcing the
provisions of this chapter; and
(c) transfer assessment proceeds to the state treasurer for deposit into the Ambulance
Service Provider Assessment Expendable Revenue Fund created in Section 
26-37a-107
.
Section 4. Section 
26-37a-104
 is enacted to read:
 26-37a-104.
Calculation of assessment.
(1) The division shall calculate a uniform assessment per transport as described in this
section.
(2) The assessment due from a given ambulance service provider equals the
non-federal portion divided by total transports, multiplied by the number of transports for the
ambulance service provider.
(3) The division shall apply any quarterly changes to the assessment rate, calculated as
described in Subsection (2), uniformly to all assessed ambulance service providers.
(4) The assessment may not generate more than the total of:
(a) an annual amount of $20,000 to offset Medicaid administration expenses; and
(b) the non-federal portion.
(5) (a) For each state fiscal year, the division shall calculate total transports using data
from the Emergency Medical System as follows:
(i) for state fiscal year 2016, the division shall use ambulance service provider
transports during the 2014 calendar year; and
(ii) for a fiscal year after 2016, the division shall use ambulance service provider
transports during the calendar year ending 18 months before the end of the fiscal year.
(b) If an ambulance service provider fails to submit transport information to the
Emergency Medical System, the division may audit the ambulance service provider to
determine the ambulance service provider's transports for a given fiscal year.
Section 5. Section 
26-37a-105
 is enacted to read:
 26-37a-105.
Medicaid ambulance service provider adjustment under
fee-for-service rates.
The division shall, if the assessment imposed by this chapter is approved by the Centers
for Medicare and Medicaid Services, for fee-for-service rates effective on or after July 1, 2015,
reimburse an ambulance service provider in an amount up to the Emergency Medical Services
Ambulance Rates adopted annually by the department.
Section 6. Section 
26-37a-106
 is enacted to read:
 26-37a-106.
Penalties.
The division shall require an ambulance service provider that fails to pay an assessment
due under this chapter to pay the division, in addition to the assessment, a penalty determined
by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
Section 7. Section 
26-37a-107
 is enacted to read:
 26-37a-107.
Ambulance Service Provider Assessment Expendable Revenue Fund.
(1) There is created an expendable special revenue fund known as the "Ambulance
Service Provider Assessment Expendable Revenue Fund."
(2) The fund shall consist of:
(a) the assessments collected by the division under this chapter;
(b) the penalties collected by the division under this chapter;
(c) donations to the fund; and
(d) appropriations by the Legislature.
(3) Money in the fund shall be used:
(a) to support fee-for-service rates; and
(b) to reimburse money to an ambulance service provider that is collected by the
division from the ambulance service provider through a mistake made under this chapter.
Section 8. Section 
26-37a-108
 is enacted to read:
 26-37a-108.
Repeal of assessment.
(1) This chapter is repealed when, as certified by the executive director of the
department, any of the following occurs:
(a) an action by Congress that disqualifies the assessment imposed by this chapter from
state Medicaid funds available to be used to determine the federal financial participation takes
legal effect; or
(b) an action, decision, enactment, or other determination by the Legislature or by any
court, officer, department, or agency of the state or federal government takes effect that:
(i) disqualifies the assessment from counting toward state Medicaid funds available to
be used to determine federal financial participation for Medicaid matching funds; or
(ii) creates for any reason a failure of the state to use the assessments for the Medicaid
program as described in this chapter.
(2) If this chapter is repealed under Subsection (1):
(a) money in the Ambulance Service Provider Assessment Expendable Revenue Fund
that was derived from assessments imposed by this chapter, deposited before the determination
made under Subsection (1), shall be disbursed under Section 
26-37a-107
 to the extent federal
matching is not reduced due to the impermissibility of the assessments; and
(b) any funds remaining in the special revenue fund shall be refunded to each
ambulance service provider in proportion to the amount paid by the ambulance service
provider.
Section 9. 
Effective date.
This bill takes effect on July 1, 2015.