§ 44–664.03. Hospital provider fee.

(a) Beginning October 1, 2019, and subject to § 44-664.04, the District may charge each hospital a fee based on its outpatient gross patient revenue. The fee shall be charged at a uniform rate necessary to generate the following:

(1) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for private hospitals applicable to District Fiscal Year 2020, consistent with requirements and approvals from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; plus

(2) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for District operated hospitals applicable to District Fiscal Year 2020, consistent with the federal approval of the authorizing Medicaid State Plan amendment or associated templates and other authorities; plus

(3) An amount equal to the Department's administrative expenses as described in § 44-664.02(c)(2).

(b)(1) Except as provided in paragraph (2) of this subsection, the following hospitals shall be exempt from the fee imposed under subsection (a) of this subsection:

(A) A psychiatric hospital that is an agency or a unit of the District government; and

(B) Howard University Hospital.

(2) If an exemption provided to a hospital by paragraph (1) of this subsection is not approved for a provider tax waiver from the Centers for Medicare and Medicaid Services (if such waiver is determined to be necessary), the hospital shall be subject to the fee imposed under subsection (a) of this section.