[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-10417] [[Page Unknown]] [Federal Register: May 2, 1994] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Care Financing Administration [MB-088-N] RIN: 0938-AG Medicaid Program; Limitations on Aggregate Payments to Disproportionate Share Hospitals: Federal Fiscal Year 1994 AGENCY: Health Care Financing Administration (HCFA), HHS. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces the final Federal fiscal year (FFY) 1994 national target and individual State allotments for Medicaid payment adjustments made to hospitals that serve a disproportionate number of Medicaid recipients and low-income patients with special needs. We are publishing this notice in accordance with the provisions of section 1923(f)(1)(C) of the Social Security Act (the Act) and implementing regulations at 42 CFR 447.297 through 447.299. EFFECTIVE DATE: The final DSH payment adjustment expenditure limits included in this notice apply to Medicaid DSH payment adjustments that are applicable to FFY 1994. FOR FURTHER INFORMATION CONTACT: Richard Strauss, (410) 966-2019 SUPPLEMENTARY INFORMATION: I. Background Section 1923(f) of the Social Security Act and implementing Medicaid regulations at 42 CFR 447.297 through 447.299 require us to estimate and publish in the Federal Register the national target and each State's allotment for disproportionate hospital share (DSH) payments for each Federal fiscal year (FFY). DSH payments are payment adjustments made to Medicaid-participating hospitals that serve a large number of Medicaid recipients and other low-income individuals with special needs. Our regulations provide for publication of preliminary amounts by October l of each FFY and final amounts by April l of each FFY. The implementing regulations provide that the national aggregate DSH limit for a FFY specified in the Act is a target rather than an absolute cap when determining the amount that can be allocated for DSH payments. The national DSH target is 12 percent of the total amount of medical assistance expenditures (excluding total administrative costs) that are projected to be made under approved Medicaid State plans during the FFY. (Note: Whenever the phrases ``total medical assistance expenditures'' or ``total administrative costs'' are used in this notice, they mean both the State and Federal share of expenditures or costs.) In addition to the national DSH target, there is a specific State DSH limit for each State for each FFY. The State DSH limit is a specified amount of DSH payment adjustments applicable to a FFY above which Federal financial participation will not be available. This is called the ``State DSH allotment''. Each State's DSH allotment for FFY 1994 is calculated by first determining whether the State is a ``high-DSH State,'' or a ``low-DSH State.'' This is determined by using the State's ``base allotment.'' A State's base allotment is the greater of: (1) the total amount of the State's actual and projected DSH payment adjustments made under the State's approved State plan applicable to FFY 1992, as adjusted by HCFA; or (2) $1,000,000. A State whose base allotment exceeds 12 percent of the State's total medical assistance expenditures (excluding administrative costs) projected to be made in FFY 1994 is referred to as a ``high-DSH State.'' The FFY 1994 State DSH allotment for a high-DSH State is limited to the State's base allotment. A State whose base allotment is equal to or less than 12 percent of the State's total medical assistance expenditures (excluding administrative costs) projected to be made in FFY 1994 is referred to as a ``low-DSH State.'' The FFY 1994 State DSH allotment for a low-DSH State is equal to the State's DSH allotment for FFY 1993 increased by growth amounts and supplemental amounts, if any. However, the FFY 1994 DSH allotment for a low-DSH State cannot exceed 12 percent of the State's total medical assistance expenditures for FFY 1994 (excluding administrative costs). The growth amount for FFY 1994 is equal to the projected percentage increase (the growth factor) in a low-DSH State's total Medicaid program expenditures between FFY 1993 and FFY 1994 multiplied by the State's final DSH allotment for 1993. Because the national DSH limit is considered a target, low-DSH States whose programs grow from one year to the next can receive growth that would not be permitted if the national limit was viewed as an absolute cap. There is no growth factor and no growth amount for any low-DSH State whose Medicaid program does not grow (that is, stayed the same or declined) between fiscal years FFY 1993 and FFY 1994. This is the case for Oklahoma, Rhode Island, and West Virginia. Furthermore, because a low-DSH State's FFY 1994 DSH allotment cannot exceed 12 percent of the State's total medical assistance expenditures, it is possible for its FFY 1994 DSH allotment to be lower than its FFY 1993 DSH allotment. This situation occurs when the State experiences a decrease in its program expenditures between years and its prior FFY DSH allotment is greater than 12 percent of the total projected medical assistance expenditures for the current FFY. This is the case for Rhode Island. The DSH allotments for Oklahoma and West Virginia remained unchanged from FFY 1993 since each State's prior year DSH allotment is less than 12 percent of its projected FFY 1994 medical assistance expenditures. There is no supplemental amount available for redistribution for FFY 1994. The supplemental amount, if any, is equal to a low-DSH State's proportional share of a pool of funds (the redistribution pool). The redistribution pool is equal to the national 12-percent DSH target reduced by the total of the base allotments for high-DSH States, the total of the State DSH allotments for the previous FFY for low-DSH States, and the total of the low-DSH State growth amounts. Since the sum of these amounts is above the projected FFY 1994 national 12 percent DSH target, there is no redistribution pool and, therefore, no supplemental amounts for FFY 1994. As prescribed in the law and regulations, no State's DSH allotment will be below a minimum of $1 million. As an exception to the above requirements, section 1923(f)(1)(A)(i)(II) of the Act and regulations at 42 CFR 447.296(b)(5), allow a State to increase its aggregate DSH payments for a FFY to meet the minimum payment adjustments required by Medicare methodology described in section 1923(c)(1) of the Act. Nebraska meets this exception criteria. We are, therefore, revising Nebraska's final FFY 1993 and 1994 State DSH allotments. We are publishing in this notice the final FFY 1994 national DSH target and State DSH allotments based on the best available data we have received, as of March 18, 1994, from the States as adjusted by HCFA. These data are taken from each State's actual Medicaid expenditures reported on the quarterly Form HCFA-64 submissions for FFY 1993 and the projected Medicaid expenditures reported on the February 1994 Form HCFA-37 for FFY 1994 and are adjusted as necessary. The final FFY 1994 State DSH allotments published in this notice supersede the preliminary FFY 1994 DSH allotments that were published in the Federal Register on February 1, 1994 (59 FR 4717). II. Calculations of the Final FFY 1994 DSH Limits The total of the final State DSH allotments for FFY 1994 is equal to the sum of the base allotments for all high-DSH States, the FFY 1993 State DSH allotments for all low-DSH States, and the growth amounts for all low-DSH States. A State-by-State breakdown is presented in section III of this notice. There are 34 low-DSH States and 16 high-DSH States for FFY 1994. This change from the preliminary notice which listed 35 low-DSH States and 15 high-DSH States for FFY 1994 is due to the reclassification of Tennessee as a high-DSH State. Using the most recent data from the February 1994 budget projections (Form HCFA-37), we estimate the FFY 1994 national total medical assistance expenditures for the States to be $144,326,703,000. Thus, the overall final national FFY 1994 DSH expenditure target is approximately $17.3 billion (12 percent of $144.3 billion). This is a decrease of approximately $0.2 billion from the $17.5 billion preliminary target (12 percent of $145.8 billion) in the preliminary notice. The high-DSH States' base allotments and the final low-DSH States' DSH allotments for 1993 total approximately $18.0 billion. This amount, which does not include growth or any State supplemental amounts for FFY 1994, is approximately $0.7 billion over the final FFY 1994 national DSH target amount. In addition, in the final FFY 1994 State DSH allotments we provide a total of $511,372,000 ($287,455,000 Federal share) in growth amounts for the 34 low-DSH States. To compute the growth factor percentage, we first ascertained each low-DSH State's total FFY 1993 medical assistance and administrative expenditures as reported on the State's quarterly expenditure reports (Form HCFA-64) for FFY 1993. Next, we compared the FFY 1993 reported expenditures to each low-DSH State's total estimated unadjusted FFY 1994 medical assistance and administrative expenditures as reported to HCFA on the State's February 1994 Form HCFA-37 submission. The growth factor percentage was multiplied by the low-DSH State's final FFY 1993 DSH allotment amount to establish the State's final growth amount for FFY 1994. Since the sum of the total of the base allotments for high-DSH States and the total of the State DSH allotments for FFY 1993 for low- DSH States ($17,981,455,000) is greater than the final FFY 1994 national target ($17,319,204,000), there is no final FFY 1994 redistribution pool. The low-DSH State's growth amount was then added to the low-DSH State's final FFY 1993 DSH allotment amount to establish the final total low-DSH State DSH allotment for FFY 1994. Six States received partial growth amounts because each State's growth amount, when added to its final FFY 1993 DSH allotment amount, exceeded 12 percent of its FFY 1994 estimated medical assistance expenditures. As explained above, Rhode Island's final 1994 DSH allotment is lower than its final FFY 1993 DSH allotment. As explained above, we revised Nebraska's final FFY 1993 State DSH allotment to $8,000,000 and its final FFY 1994 State DSH allotment to $11,000,000. In summary, the total of all final State DSH allotments for FFY 1994 is $18,490,099,000 ($10,614,651,000 Federal share). This total is composed of the prior FFY's DSH allotments ($17,981,455,000) plus the growth amounts for all low-DSH States ($511,372,000) minus the reduction in Rhode Island's FFY 1993 DSH allotment ($2,728,000 decrease). The total of all final FFY 1994 State DSH allotments is 12.81 percent of the total medical assistance expenditures (excluding administrative costs) projected to be made by these States in FFY 1994. The $18,490,099,000 total of all final DSH allotments for FFY 1994 is $1,170,895,000 over the FFY 1994 final national target amount of $17,319,204,000. Each State should monitor and make any necessary adjustments to its DSH spending during FFY 1994 to ensure that its actual FFY 1994 DSH payment adjustment expenditures do not exceed its final State DSH allotment for FFY 1994 published in this notice. As the ongoing reconciliation between actual FFY 1994 DSH payment adjustment expenditures and the final FFY 1994 DSH allotments takes place, each State should amend its plans as may be necessary to make any adjustments to its FFY 1994 DSH payment adjustment expenditure patterns so that the State will not exceed its final FFY 1994 DSH allotment. The FFY 1994 reconciliation of DSH allotments to actual expenditures will take place on an ongoing basis as States file expenditure reports with HCFA for DSH payment adjustment expenditures applicable to FFY 1994. Additional DSH payment adjustment expenditures made in succeeding FFYs that are applicable to FFY 1994 will continue to be reconciled back to each State's final FFY 1994 DSH allotment as additional expenditure reports are submitted to ensure that the final FFY 1994 DSH allotment is not exceeded. Any DSH payment adjustment expenditures in excess of the final DSH allotment will be disallowed. Any DSH expenditures that are disallowed will be subject to the normal Medicaid disallowance procedures. III. Final FFY 1994 DSH Allotments Under Public Law 102-234 Key to Chart: Column Description Column A..... = Name of State. Column B..... = Final FFY 1993 DSH Allotments For All States. For a high-DSH State, this is the State's base allotment which is the greater of the State's FFY 1992 allowable DSH payment adjustment expenditures applicable to FFY 1992, or $1,000,000. For a low-DSH State, this is equal to the final DSH allotment for FFY 1993 which was published in the Federal Register on August 13, 1993. Column C..... = Growth Amounts For Low-DSH States. This is an increase in a low-DSH State's final FFY 1993 DSH allotment to the extent that the State's Medicaid program grew between FFY 1993 and FFY 1994. Column D..... = Final FFY 1994 State DSH Allotments. For high DSH States this is equal to the base allotment from column B. For low-DSH States, this is equal to the final State DSH allotments for FFY 1993 from column B plus the growth amounts from column C and the supplemental amounts, if any. Column E..... = High or Low DSH State Designation. ``High'' indicates the State is a high-DSH State and a ``Low'' indicates the State is a low-DSH State. Final Federal Fiscal Year 1994 Disproportionate Share Hospital Allotments Under Public Law 102-234 [Amounts Are State and Federal Shares--Dollars Are in Thousands (000)] ---------------------------------------------------------------------------------------------------------------- Final FFY 93 DSH Growth amounts Final FFY High or low DSH State allotments for low DSH 94 state state for all states\1\ DSH designation states allotments ---------------------------------------------------------------------------------------------------------------- A B C D E ---------------------------------------------------------------------------------------------------------------- AL................................................. $417,458 Not applicable $417,458 High AK................................................. 17,830 $1,759 19,589 Low AR................................................. 2,806 232 3,039 Low CA................................................. 2,191,451 Not applicable 2,191,451 High CO................................................. 302,014 Not applicable 302,014 High CT................................................. 408,933 Not applicable 408,933 High DE................................................. 5,194 730 5,924 Low DC................................................. 38,000 3,039 41,039 Low FL................................................. 239,693 46,785 286,478 Low GA................................................. 343,078 39,266 382,344 Low HI................................................. 45,844 18,233 64,078 Low ID................................................. 1,659 327 1,985 Low IL................................................. 381,534 13,459 394,993 Low IN................................................. 320,475 16,324 336,799 Low IA................................................. 5,027 470 5,497 Low KS................................................. 188,935 Not applicable 188,935 High KY................................................. 264,289 Not applicable 264,289 High LA................................................. 1,217,636 Not applicable 1,217,636 High ME................................................. 165,317 Not applicable 165,317 High MD................................................. 119,381 10,162 129,543 Low MA................................................. 489,547 77,580 567,128 Low MI................................................. 559,732 57,968 817,700 Low MN................................................. 48,579 6,815 55,394 Low MS................................................. 152,342 6,122 158,464 Low MO................................................. 731,894 Not applicable 731,894 High MT................................................. 1,154 145 1,300 Low NE\2\.............................................. 8,000 3,000 11,000 Low NV................................................. 73,560 Not applicable 73,560 High NH................................................. 392,006 Not applicable 392,006 High NJ................................................. 1,094,113 Not applicable 1,094,113 High NM................................................. 13,512 2,245 15,757 Low NY................................................. 2,784,477 47,387 2,831,864 Low NC................................................. 345,545 43,721 389,266 Low ND................................................. 1,086 69 1,155 Low OH................................................. 509,924 57,001 566,925 Low OK................................................. 23,568 Not applicable 23,568 Low OR................................................. 20,279 4,778 25,058 Low PA................................................. 967,407 Not applicable 967,407 High RI\3\.............................................. 97,160 Not applicable 94,432 Low SC................................................. 439,759 Not applicable 439,759 High SD................................................. 1,163 140 1,302 Low TN................................................. 430,611 Not applicable 430,611 High TX................................................. 1,513,029 Not applicable 1,513,029 High UT................................................. 5,003 511 5,514 Low VT................................................. 24,403 2,259 26,662 Low VA................................................. 174,251 11,496 185,746 Low WA................................................. 270,374 37,618 307,993 Low WV................................................. 121,883 Not applicable 121,883 Low WI................................................. 9,325 1,556 10,881 Low WY................................................. 1,216 173 1,389 Low ------------------------------------------- Total.......................................... 17,981,455 511,372 18,490,099 ................ ---------------------------------------------------------------------------------------------------------------- Notes: \1\There were 3 low DSH states which had negative growth and 6 low DSH states which got partial growth up to 12% of FFY 94 map. \2\Allotment based upon minimum payment adjustment amount. \3\Prior year's allotment exceeded 12 percent of FFY 94 map so allotment was reduced to 12 percent of FFY 94 map. IV. Impact Statement We generally prepare a flexibility analysis that is consistent with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 through 612), unless the Administrator certifies that a notice would not have a significant economic impact on a substantial number of small entities. For purposes of a RFA, States and individuals are not considered small entities. However, providers are considered small entities. Additionally, section 1102(b) of the Act requires the Secretary to prepare an impact analysis if a notice may have a significant impact on the operations of a substantial number of small rural hospitals. Such an analysis must conform to the provisions of section 604 of the RFA. For purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a Metropolitan Statistical Area and has fewer than 50 beds. This notice does not contain rules; rather, it reflects the DSH allotments for each State as determined in accordance with Secs. 447.297 through 447.299. We have discussed the method of calculating the final FFY 1994 national aggregate DSH target and the final FFY 1994 individual State DSH allotments in the previous sections of this preamble. These calculations should have a positive impact on payments to DSHs. Allotments will not be reduced for high-DSH States since we are now interpreting the 12-percent limit as a target. Low-DSH States will get their base allotments plus their growth amounts. In accordance with the provisions of Executive Order 12866, this notice was reviewed by the Office of Management and Budget. (Catalog of Federal Assistance Program No. 93.778, Medical Assistance Program) Dated: March 30, 1994. Bruce C. Vladeck, Administrator, Health Care Financing Administration. Dated: April 12, 1994. Donna E. Shalala, Secretary. [FR Doc. 94-10417 Filed 4-26-94; 1:21 pm] BILLING CODE 4120-01-P