LRB-2351/1
TJD&KP:amn
2021 - 2022 LEGISLATURE
2021 Assembly BILL 148
March 5, 2021 - Introduced by Representatives VanderMeer, Loudenbeck,
Sortwell and Kurtz. Referred to Committee on Health.
AB148,1,4 1An Act to create 49.45 (3) (e) 9m., 49.45 (4r), 50.33 (2d), 50.36 (5m), 50.49 (6m)
2(d) and 440.094 of the statutes; relating to: state response to COVID-19
3related to health services and practice of health care providers licensed outside
4of this state.
Analysis by the Legislative Reference Bureau
Medical Assistance payment for hospitals for nursing facility care
This bill requires the Department of Health Services to provide reimbursement
or a supplemental payment to hospitals under the Medical Assistance program for
providing nursing-facility-level custodial care. To receive reimbursement or a
supplemental payment, the hospital must notify DHS that it is participating as a
swing bed hospital under the Medical Assistance program and providing custodial
care for which federal financial participation is approved to an individual who is
eligible for discharge after receiving inpatient care in the hospital, who needs
nursing-facility-level care, and for whom the hospital is unable to locate a nursing
facility that accepts the individual for admission. If providing reimbursement
instead of a supplemental payment, DHS must pay the hospital the statewide
average per-diem rate paid to nursing facilities. DHS must use the same standards
and eligibility criteria as the federal Medicare program uses to determine
reimbursement for swing beds or, for hospitals that are not critical access hospitals,
the terms of a federal waiver issued during the federally declared national
emergency related to the 2019 novel coronavirus. This requirement to reimburse

hospitals for providing nursing facility care applies until January 1, 2022, or until
the termination of any public health emergency declared by the secretary of the
federal Department of Health and Human Services related to the 2019 novel
coronavirus, whichever is earlier.
Payment for outpatient services provided by hospitals
The bill requires DHS to provide reimbursement or a supplemental payment
through the Medical Assistance program to a hospital for services provided on an
outpatient basis that are usually reimbursed when provided at the hospital's
inpatient facility but are provided at the hospital's outpatient facility due to the 2019
novel coronavirus pandemic. To receive reimbursement or supplemental payment
under the bill, the outpatient services must be approved for federal financial
participation and must be provided in a facility that is operated by the hospital and
is certified for outpatient services under the federal Medicare program, including
under the terms of a federal waiver issued during the federally declared national
emergency related to the 2019 novel coronavirus. DHS must seek any federal
approval necessary to provide the reimbursement or supplemental payment. The
payment requirement applies until the conclusion of a public health emergency
declared by the secretary of the federal Department of Health and Human Services
in response to the 2019 novel coronavirus or until January 1, 2022, whichever is
earlier.