§ 44–665.03. Inpatient hospital directed payment provider fee.

(a) The District may charge each hospital a fee based on its inpatient net patient revenue. The fee shall be charged at a uniform rate among all hospitals. The rate of the fee shall be established by the Department and generate an amount equal to:

(1) The non-federal share of the quarterly inpatient hospital directed payment, consistent with the applicable State directed payment preprint approved by the Centers for Medicare and Medicaid Services; and

(2) The District retention.

(b) If the Department calculates the fee under subsection (a) based in part on the inpatient net patient revenue of a new hospital that has not yet filed its first Hospital and Hospital Health Care Complex Cost Report ("Form CMS-2552-10"), the Department shall, after the hospital files its first Form CMS-2552-10:

(1) Adjust the fee retroactively based on the inpatient net patient revenue of the new hospital using the calculation provided by § 44-665.01(7)(A);

(2) Bill the new hospital for any difference in amount owed, if any; and

(3) Retroactively adjust the fees charged to all other hospitals to account for the change in the new hospital's fee obligations.

(c)(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;

(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.