(a) Effective July 1, 2012, or, if later, the effective date of any necessary federal approvals, the department shall charge and collect provider fees, to be known as the hospital sustainability fee, on inpatient and outpatient care services provided by private hospitals.

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 346G-5

  • Department: means the department of human services. See Hawaii Revised Statutes 346G-3
  • Hospital: means any facility licensed pursuant to chapter 11-93, Hawaii Administrative Rules. See Hawaii Revised Statutes 346G-3
  • Inpatient care: means the care of patients whose conditions require admission to a hospital. See Hawaii Revised Statutes 346G-3
  • Net patient service revenue: means gross revenue from inpatient and outpatient care provided to hospital patients converted to net patient service revenue utilizing data from Worksheets G-2 and G-3 of each hospital's medicare cost report for the fiscal year ending three years prior to the state fiscal year for which net patient service revenue is being calculated. See Hawaii Revised Statutes 346G-3
  • Outpatient care: means all services furnished by hospitals to patients who are registered as hospital outpatients. See Hawaii Revised Statutes 346G-3
(b) The hospital sustainability fee shall be based on the net patient service revenue for inpatient services and outpatient services, respectively, of all hospitals that are subject to the hospital sustainability fee.
(c) The hospital sustainability fee for inpatient care services may differ from the fee for outpatient care services but the fees charged to the hospital shall not in the aggregate exceed six per cent of the hospital’s net patient service revenue. The inpatient hospital sustainability fee shall not exceed six per cent of net inpatient hospital service revenue. The outpatient hospital sustainability fee shall not exceed six per cent of net outpatient hospital service revenue. Each fee shall be the same percentage for all affected hospitals, subject to subsection (d).
(d) The department shall exempt federal hospitals and public hospitals from the hospital sustainability fees on inpatient services and outpatient care services.

Children’s hospitals, psychiatric hospitals, and rehabilitation hospitals may be assessed hospital sustainability fees on inpatient and outpatient services at a different rate than other private hospitals. The department , upon good faith consultation and negotiations with the hospital trade association located in the State, may modify, add to, or exclude facilities included in the assessment if necessary to obtain or maintain approval of the waiver by the Centers for Medicare and Medicaid Services, if the modification, addition, or exclusion is consistent with the purposes of this chapter.

(e) The department, with agreement by the hospital trade association located in Hawaii, may modify the structure of the hospital sustainability program if such modification is necessary to obtain federal waiver approval consistent with the requirements of 42 C.F.R. § 433.68(e)(2).
(f) Notwithstanding section Hospital sustainability fee assessments” class=”unlinked-ref” datatype=”S” sessionyear=”2023″ statecd=”HI”>346G-6, nothing shall require the department to exempt a facility from the hospital sustainability fee if it is not approved by the United States Department of Health and Human Services Centers for Medicare and Medicaid Services.