2021 Montana Legislature
_____________ bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT exempting certain critical access hospitals from hospital utilization fees; AMENDING SECTIONS 15-66-102 AND 15-66-201, MCA; and PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 15-66-102, MCA, is amended to read:
"15-66-102. (Temporary) Utilization fees -- inpatient bed days -- hospital outpatient revenue -- exemption. (1) Each Except as provided in subsection (4), each hospital in the state shall pay to the department a utilization fee in the amount of $70 for each inpatient bed day.
(2) Each Except as provided in subsection (4), each hospital shall pay to the department a utilization fee in the amount of 0.90% of hospital outpatient revenue.
(3) (a) Except as provided in subsection (3)(b), all proceeds from the collection of utilization fees, including penalties and interest, must, in accordance with the provisions of 17-2-124, be deposited to the credit of the department of public health and human services in the state special revenue account provided for in 53-6-149.
(b) The department shall deposit 54% of the amount paid in accordance with subsection (2) in the Montana HELP Act special revenue account provided for in 53-6-1315.
(4) A critical access hospital, as defined in 50-5-101, is exempt from the utilization fees provided for in subsections (1) and (2) if the critical access hospital has not entered into an affiliation agreement with another hospital giving the other hospital final decisionmaking and governing authority. (Void on occurrence of contingency--sec. 18, Ch. 390, L. 2003--see chapter compiler's comment; terminates June 30, 2025, on occurrence of contingency--sec. 48, Ch. 415, L. 2019.)
15-66-102. (Temporary -- effective on occurrence of contingency) Utilization fee for inpatient bed days -- exemption. (1) (a) Each Except as provided in subsection (1)(b), each hospital in the state shall pay to the department a utilization fee in the amount of $50 for each inpatient bed day.
(b) A critical access hospital, as defined in 50-5-101, is exempt from the utilization fee provided for in subsection (1)(a) if the critical access hospital has not entered into an affiliation agreement with another hospital giving the other hospital final decisionmaking and governing authority.
(2) All proceeds from the collection of utilization fees, including penalties and interest, must, in accordance with the provisions of 17-2-124, be deposited to the credit of the department of public health and human services in a state special revenue account as provided in 53-6-149. (Void on occurrence of contingency--sec. 18, Ch. 390, L. 2003--see chapter compiler's comment.)"
Section 2. Section 15-66-201, MCA, is amended to read:
"15-66-201. (Temporary) Reporting and collection of fees. (1) On or before March 31 of each year, a hospital shall file with the department an annual report of the number of inpatient bed days and of hospital outpatient revenue during the preceding year beginning January 1 and ending December 31. The report must be in the form prescribed by the department. The report must be accompanied by a payment in an amount equal to the fees required to be paid under 15-66-102.
(2) On or before January 31 of each year, the department of public health and human services shall provide the department with a list of hospitals licensed and operating in the state and subject to the provisions of 15-66-102 during the preceding year beginning January 1 and ending December 31. The list must identify critical access hospitals exempt from the fees pursuant to 15-66-102(4). (Void on occurrence of contingency--sec. 18, Ch. 390, L. 2003--see chapter compiler's comment; terminates June 30, 2025, on occurrence of contingency--sec. 48, Ch. 415, L. 2019.)
15-66-201. (Temporary -- effective on occurrence of contingency) Reporting and collection of fee. (1) On or before January 31 of each year, a hospital shall file with the department an annual report of the number of inpatient bed days during the preceding year beginning January 1 and ending December 31. The report must be in the form prescribed by the department. The report must be accompanied by a payment in an amount equal to the fee required to be paid under 15-66-102.
(2) On or before January 31 of each year, the department of public health and human services shall provide the department with a list of hospitals licensed and operating in the state during the preceding year beginning January 1 and ending December 31. The list must identify critical access hospitals exempt from the fee pursuant to 15-66-102(1)(b). (Void on occurrence of contingency--sec. 18, Ch. 390, L. 2003--see chapter compiler's comment.)"
NEW SECTION. Section 3. Applicability. [This act] applies to hospital utilization fees due on or after January 31, 2022.