62 Pa. Stat. § 802-E

Current through P.A. Acts 2023-32
Section 802-E - Authorization
(a) General rule.--In order to generate additional revenues for the purpose of assuring that medical assistance recipients have access to hospital and other health care services , and subject to the conditions and requirements specified under this article, a municipality may, by ordinance, impose an assessment on the following:
(1) Each general acute care hospital.
(2) Each high volume medicaid hospital.
(a.1)Assessment imposed by ordinance.--A municipality shall, by ordinance, establish the assessment imposed under subsection (a)(1) and (2) as a percentage of each hospital's net patient revenue reduced by all revenues received from medicare for the year as the municipality shall specify, and may establish different assessment percentages under subsection (a) (1) or (2).
(a.2) Adjustments to assessment percentage.--
(1) For state fiscal years beginning after June 30, 2013, and subject to the advance written approval of the secretary as prescribed by the department, the municipality may make a uniform adjustment to an assessment percentage established by ordinance under subsection (a).
(2) After receiving written approval under paragraph (1) and before implementing an adjustment, the municipality shall provide advance public notice. The notice shall specify the proposed adjusted assessment percentage and identify the aggregate impact on hospitals subject to an assessment. An interested party shall have 30 days in which to submit comments to the municipality. Upon expiration of the 30-day comment period, the municipality, after consideration of the comments, shall publish a subsequent notice announcing the adjusted assessment percentage.
(b) Administrative provisions.--The ordinances adopted pursuant to subsections (a), (a.1) and (a.2) may include appropriate administrative provisions including, without limitation, provisions for the collection of interest and penalties and provisions for the calculation and imposition of the assessment on a hospital subject to an assessment which, during a fiscal year in which an assessment is imposed under this article, changes ownership or control, begins operations, closes or experiences any other change that affects its status as a general acute care hospital or high volume medicaid hospital.
(c) Maximum assessment.--In each year in which the assessment is implemented, the assessment shall be subject to the maximum aggregate amount that may be assessed under 42 CFR 433.68(f)(3)(i) (relating to permissible health care-related taxes) or any other maximum established under Federal law.

62 P.S. § 802-E

Amended by P.L. TBD 2019 No. 12, § 6, eff. 7/1/2019.
Amended by P.L. 369 2013 No. 55, § 8, eff. 7/9/2013.
1967, June 13, P.L. 31, No. 21, art. 8-E, § 802-E, added 2008, July 4, P.L. 557, No. 44, § 7, imd. effective. Amended 2009, Dec. 17, P.L. 598, No. 54, § 6, imd. effective. Reenacted 2010, Oct. 22, P.L. 829, No. 84, § 3, imd. effective.