§ 42-9-104 — Assessments

(a) Each private hospital shall pay a private hospital
assessment to the department in accordance with this section.
Hospitals owned or operated by the state or any city, town,
county, special district or other political subdivision of the
state or local government shall not be required to pay the
assessment required by this section.
(b) The assessment due under this section shall be imposed
each fiscal year in an amount calculated as a uniform percentage
of each hospital's net patient revenue. The assessment rate
shall be determined by the department on a prospective basis and
shall be based on the percentage of net hospital patient revenue
needed to generate an amount not to exceed the nonfederal
portion of the upper payment limit gap plus the fee authorized
by W.S. 42-9-103(d)(i). In no event shall the assessment rate:
(i) Exceed the indirect guarantee threshold amount
established by 42 C.F.R. 433.68(f)(3)(i) or other federal law;
(ii) Exceed two percent (2%) of a hospital's net
patient revenue for the first fiscal year in which the hospital
is assessed;
(iii) Increase by more than one percent (1%) of a
hospital's net patient revenue for each fiscal year following
the first fiscal year in which the hospital is assessed without
further approval by the legislature.
(c) Unless otherwise determined by the department, the
department shall collect and each private hospital shall pay the
assessment required by this section on a quarterly basis, each
payment constituting twenty-five percent (25%) of the annual
assessment determined by the department. The initial payment
shall be due not later than forty-five (45) days after the state
plan has been approved by the centers for medicare and medicaid
services unless a later date is set by the department.
Subsequent payments are due not later than forty-five (45) days
after the end of each calendar quarter unless a later date is
set by the department.
(d) If a private hospital ceases to operate as a hospital
or for any reason ceases to be subject to the assessment imposed
under this chapter, the assessment for the fiscal year in which
the cessation occurs shall be adjusted by multiplying the annual
assessment by a fraction, the numerator of which is the number
of days in the year during which the hospital is subject to the
assessment and the denominator of which is three hundred
sixty-five (365). Immediately upon ceasing to operate as a
hospital, or otherwise ceasing to be subject to this chapter,
the hospital shall pay the assessment for each quarter as
adjusted, to the extent not previously paid.