§1248.8. Local hospital assessment payments; basis; calculation

            A. Except as provided in Subsection E of this Section, a parish that collects a local hospital assessment payment authorized by this Subpart may require an annual local hospital assessment payment to be assessed quarterly using any basis permitted by 42 U.S.C. 1396b(w)(3). The parish shall update the amount of the local hospital assessment payment on an annual basis.

            B. The assessment authorized by this Subpart shall be uniformly imposed on each paying hospital in the parish. In accordance with 42 U.S.C. 1396b(w), a local hospital assessment payment authorized by this Subpart shall not hold harmless any institutional provider.

            C. A parish that collects a local hospital assessment payment authorized by this Subpart shall set the amount of the local hospital assessment payment. The amount of the local hospital assessment payment required of paying hospitals may not exceed an amount that, when added to the amounts of any other assessment, local hospital assessment payment, or tax imposed by the state with a similar purpose, equals an amount of revenue that exceeds six percent of the aggregate net patient revenue of all hospitals in the state. The local hospital assessment shall also meet all other relevant Centers for Medicare and Medicaid Services tests. No later than the twentieth day before a hearing to set a rate pursuant to R.S. 40:1248.6, a parish shall inform the department of the amount of revenue to be collected under the proposed assessment. If the department determines that the proposed assessment will trigger federal compliance issues, including issues with respect to the six-percent limit, the department shall inform the parish, prior to the hearing, of any necessary reductions in the amount to be collected or changes necessary to comply with federal requirements. If the parish does not follow recommendations or requests from the department, the department may terminate, or refuse to enter into, any intergovernmental transfer agreements with the parish.

            D. Subject to the maximum payment amount prescribed in Subsection C of this Section, a parish that collects a local hospital assessment payment authorized by this Subpart shall set local hospital assessment payments in amounts that, in the aggregate, will generate sufficient revenue to cover the administrative expenses of the parish for activities provided for in this Subpart and to fund the nonfederal share of a Medicaid payment for the benefit of hospitals in the parish; except that the amount of revenue from local hospital assessment payments used for administrative expenses of the parish for activities provided for in this Subpart in a year may not exceed five percent of the total revenue generated from the local hospital assessment payment or twenty thousand dollars, whichever is lower.

            E. A paying hospital may not add a local hospital assessment payment required by this Section as a surcharge to a patient.

            Acts 2020, No. 330, §1; Acts 2024, No. 432, §1, eff. June 3, 2024.