Pub. L. 116-260, div. CC, tit. II, sec. 202 (as amended)
SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.
SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.
Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended by adding at the end the following new subsection:
“(bb) Supplemental Payment Reporting Requirements.—
“(1) Collection and availability of supplemental payment data.—
“(A) In general.—Not later than October 1, 2021, the Secretary shall establish a system for each State to submit reports, as determined appropriate by the Secretary, on supplemental payments data, as a requirement for a State plan or State plan amendment that would provide for a supplemental payment.
“(B) Requirements.—Each report submitted by a State in accordance with the requirement established under subparagraph (A) shall include the following:
“(i) An explanation of how supplemental payments made under the State plan or a State plan amendment will result in payments that are consistent with section 1902(a)(30)(A), including standards with respect to efficiency, economy, quality of care, and access, along with the stated purpose and intended effects of the supplemental payment.
“(ii) The criteria used to determine which providers are eligible to receive the supplemental payment.
“(iii) A comprehensive description of the methodology used to calculate the amount of, and distribute, the supplemental payment to each eligible provider, including—
“(I) data on the amount of the supplemental payment made to each eligible provider, if known, or, if the total amount is distributed using a formula based on data from 1 or more fiscal years, data on the total amount of the supplemental payments for the fiscal year or years available to all providers eligible to receive a supplemental payment;
“(II) if applicable, the specific criteria with respect to Medicaid service, utilization, or cost data to be used as the basis for calculations regarding the amount or distribution of the supplemental payment; and
“(III) the timing of the supplemental payment made to each eligible provider.
“(iv) An assurance that the total Medicaid payments made to an inpatient hospital provider, including the supplemental payment, will not exceed upper payment limits.
“(v) If not already submitted, an upper payment limit demonstration under section 447.272 of title 42, Code of Federal Regulations (as such section is in effect as of the date of enactment of this subsection).
“(C) Public availability.—The Secretary shall make all reports and related data submitted under this paragraph publicly available on the website of the Centers for Medicare & Medicaid Services on a timely basis.
“(2) Supplemental payment defined.—
“(A) In general.—Subject to subparagraph (B), in this subsection, the term ‘supplemental payment’ means a payment to a provider that is in addition to any base payment made to the provider under the State plan under this title or under demonstration authority.
“(B) DSH payments excluded.—Such term does not include a disproportionate share hospital payment made under section 1923.”
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