LRBs0406/1
TJD:kjf&jld:rs
2011 - 2012 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 297
March 9, 2012 - Offered by Senator
Galloway.
SB297-SSA1,1,3
1An Act to repeal 20.566 (1) (gn), 25.77 (13) and 146.98; and
to create 146.98 (6)
2of the statutes;
relating to: refunds under ambulatory surgical center
3assessment and eliminating ambulatory surgical center assessment.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Revenue (DOR) may impose an
assessment on ambulatory surgical centers. The Department of Health Services
(DHS) allocates any assessment among the ambulatory surgical centers in
proportion to their gross patient revenue. The DOR, if it imposes an assessment,
must transfer 99.5 percent of the moneys collected to the Medical Assistance (MA)
trust fund, which pays some of the costs for the MA program. This substitute
amendment eliminates on July 1, 2013, the ability for DOR to impose this
assessment on ambulatory surgical centers.
In the time before the assessment is eliminated, if the federal government does
not pay the federal share under the MA program for any payment made with
ambulatory surgical center assessment revenue, the substitute amendment requires
DHS to refund to ambulatory surgical centers the amount of assessment revenue for
which the federal government does not pay its share. In addition, the substitute
amendment requires DHS to recoup any payments that are made with ambulatory
surgical center assessment revenue and for which the federal government does not
pay its share under the MA program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB297-SSA1, s. 3
3Section
3. 146.98 of the statutes, as affected by 2011 Wisconsin Act .... (this
4act), is repealed.
SB297-SSA1,2,116
146.98
(6) (a) If the federal government does not provide federal financial
7participation under the federal Medicaid program for amounts collected under this
8section that are transferred under sub. (4) and used to make payments from the
9Medical Assistance trust fund, the department shall, from the fund from which the
10payment or expenditure was made, refund ambulatory surgical centers the amount
11for which the federal government does not provide federal financial participation.
SB297-SSA1,2,1612
(b) If the department makes a refund under par. (a) as result of failure to obtain
13federal financial participation under the federal Medicaid program for a payment
14from the Medical Assistance trust fund, the department shall recoup the part of the
15payment for which the federal government does not provide federal financial
16participation.
SB297-SSA1,2,1817
(c) Moneys recouped under par. (b) for payments made from the Medical
18Assistance trust fund shall be deposited in the Medical Assistance trust fund.
SB297-SSA1, s. 5
19Section
5.
Effective dates. This act takes effect on the day after publication,
20except as follows:
SB297-SSA1,3,2
1(1
) The treatment of sections 20.566 (1) (gn) and 25.77 (13) of the statutes and
2the repeal of section 146.98 of the statutes take effect on July 1, 2013.
