SB 263 – AS AMENDED BY THE SENATE
04/12/07 1168s
2007 SESSION
05/01
SENATE BILL 263
AN ACT establishing a committee to study Medicaid payments for hospital-based physicians and outpatient services and establishing a moratorium on certain reimbursement policy changes pending the study’s recommendations.
COMMITTEE: Health and Human Services
This bill establishes a committee to study Medicaid payments for hospital-based physicians and outpatient services and establishes a moratorium on reimbursement policy changes for hospital-based and outpatient services pending the study’s recommendations.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/12/07 1168s
07-1335
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT establishing a committee to study Medicaid payments for hospital-based physicians and outpatient services and establishing a moratorium on certain reimbursement policy changes pending the study’s recommendations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study Medicaid payments for hospital-based physician and outpatient services.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Four members of the house of representatives, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study current Medicaid reimbursement policies for hospital-based physician and outpatient services, including differences in billing instructions from the New Hampshire Medicaid program and the Centers from Medicare and Medicaid Services (CMS) for comparable services covered by Medicare.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 15, 2007.
6 Reimbursement Policy and Rates. Notwithstanding any other provision of law, the reimbursement policies, rates, and related billing instructions, for hospital-based physicians and outpatient services in effect as of January 1, 2007 shall be the policies, rates, and billing instructions used by the department of health and human services. The general court shall consider the findings and recommendations of the study committee established in section 1 of this act prior to repealing or amending this section, or otherwise authorizing any change to such reimbursement policies, rates, and related billing instructions. The department of health and human services shall submit to the Centers for Medicare and Medicaid Services (CMS), no later than June 30, 2007, a state plan amendment to specify the use of the state's current methodology for provider-based reimbursement. This section shall not apply to selective contracting if enacted or otherwise adopted by the department.
7 Effective Date. This act shall take effect upon its passage.
LBAO
07-1335
Amended 05/04/07
SB 263 FISCAL NOTE
AN ACT establishing a committee to study Medicaid payments for hospital-based physicians and outpatient services and establishing a moratorium on certain reimbursement policy changes pending the study’s recommendations.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the Senate (Amendment #2007-1168s), may have an indeterminable fiscal impact on state restricted revenue, and state expenditures in FY 2008 and each year thereafter. This bill will have no fiscal impact on county and local revenue or expenditure.
METHODOLOGY:
The Department of Health and Human Services states this bill establishes a committee to study Medicaid payments for hospital-based physician and outpatient services. The bill requires the committee to report its findings on or before November 15, 2007. This bill also states that the reimbursement policies, rates, and related billing instructions, for hospital-based physicians and outpatient services in effect as of January 1, 2007 shall be the policies, rates, and billing instructions used by the Department. The Department is also required to submit to the Centers for Medicare and Medicaid Services (CMS), no later than June 30, 2007, a state plan amendment to specify the use of the state’s current methodology for provider-based reimbursement. The Department states as the State Plan does not distinguish between Medicaid payments to hospital based physician and independent physicians, this bill will apply to all physician and outpatient services. The Department states this bill will prevent them from making changes to reimbursement policy affecting reimbursements to all physicians and for outpatient services, even if required by the Centers for Medicare and Medicaid Services (CMS) or by other federal laws or administrative regulations. This bill would have an indeterminable impact on state general fund expenditures and could risk federal matching funds should the Department not be permitted to make adjustments to billing practices as required by the federal government.