WELFARE AND INSTITUTIONS CODE
SECTION 14198.1-14198.2
14198.1. (a) A hospital or its successor entity, that has received
funds pursuant to Section 14198 shall maintain burn and trauma
services and continue to provide medical services to beneficiaries of
Medi-Cal or a successor program through the year 2028.
(b) The state and a hospital subject to this section shall
negotiate in good faith to ensure continued hospital participation in
the Medi-Cal program and to ensure adequate access to services for
Medi-Cal patients.
14198.2. (a) The Regional Burn and Trauma Center Fund is hereby
created in the State Treasury, under the administrative control of
the State Department of Health Services, for the purposes specified
in Section 14198 upon appropriation by the Legislature. Except as
otherwise limited by this section, the fund shall consist of the
following:
(1) All public moneys transferred by public agencies to the
department for deposit into the fund, as permitted under Section
433.51 of Title 42 of the Code of Federal Regulations or any other
applicable federal medicaid laws.
(2) All private moneys donated by private individuals or entities
to the department for deposit in the fund, as permitted under
applicable federal medicaid laws and regulations. Private donations
may come from private individuals, foundations, or entities that do
not meet the definition of a provider entity, as contained in federal
regulatory law.
(3) Any amounts appropriated by the Legislature for this program
may be transferred to the fund.
(4) Any interest that accrues on amounts in the fund.
(b) Any public moneys transferred by public agencies, or private
moneys donated by private individuals or entities to the department
for deposit in the fund, shall be expended before any state
appropriation is utilized as the nonfederal match of the supplemental
reimbursement. Total combined funds made available under this
section shall not exceed fifty million dollars ($50,000,000). It is
the intent of the Legislature that funding from the General Fund
shall not exceed twenty-five million dollars ($25,000,000).
(c) Unless otherwise prohibited by law, any public or private
agency transferring moneys to the fund may utilize for that purpose
any revenues, grants, or allocations received from the state for
health care programs or purposes. Unless otherwise prohibited by law,
a public or private agency may also utilize its general operating
funds, or any other public or private moneys or revenues for purposes
of transfers to the fund.
(d) The department shall have discretion as to whether to accept
moneys offered to the department for deposit in the fund. If the
department accepts moneys pursuant to this section, the department
shall obtain federal matching funds to the full extent permitted by
law. The department shall accept only those funds that are certified
by the transferring entity or donating entity as qualifying for
federal financial participation under the terms of the Medicaid
Voluntary Contributions and Provider-Specific Tax Amendments of 1991
(Public Law 102-234), or Section 433.51 of Title 42 of the Code of
Federal Regulations, as applicable, and may return any funds
transferred or donated in error.
(e) Moneys in the fund shall be used as the source for the
nonfederal share of payments to the Regional Burn and Trauma Center
to be constructed pursuant to this article. Moneys shall be allocated
from the fund by the department and matched by federal funds in
accordance with customary Medi-Cal accounting procedures for purposes
of payments under subdivision (e). Distributions from the fund shall
be supplemental to any and all other amounts that this hospital
would have received under the selective provider contracting program.
(f) For purposes of recognizing the Regional Burn and Trauma
Center replacement costs incurred for services rendered to Medi-Cal
beneficiaries, payments from the fund shall be negotiated between the
California Medical Assistance Commission and the entity contracting
under this article. Payments from the fund shall be used solely for
the purposes identified in the contract between the hospital and the
state.
(g) The state shall be held harmless for any federal disallowance
resulting from this section. A hospital receiving supplemental
reimbursement pursuant to this section shall be liable for any
reduced federal financial participation resulting from the
implementation of this section with respect to that hospital. The
state may recoup any federal disallowance from the hospital.
(h) Funds available pursuant to this article shall only be used
for projects, or for that portion of projects, that are available and
accessible to Medi-Cal patients treated under this article or by
successor programs.
WELFARE AND INSTITUTIONS CODE
SECTION 14198.1-14198.2
14198.1. (a) A hospital or its successor entity, that has received
funds pursuant to Section 14198 shall maintain burn and trauma
services and continue to provide medical services to beneficiaries of
Medi-Cal or a successor program through the year 2028.
(b) The state and a hospital subject to this section shall
negotiate in good faith to ensure continued hospital participation in
the Medi-Cal program and to ensure adequate access to services for
Medi-Cal patients.
14198.2. (a) The Regional Burn and Trauma Center Fund is hereby
created in the State Treasury, under the administrative control of
the State Department of Health Services, for the purposes specified
in Section 14198 upon appropriation by the Legislature. Except as
otherwise limited by this section, the fund shall consist of the
following:
(1) All public moneys transferred by public agencies to the
department for deposit into the fund, as permitted under Section
433.51 of Title 42 of the Code of Federal Regulations or any other
applicable federal medicaid laws.
(2) All private moneys donated by private individuals or entities
to the department for deposit in the fund, as permitted under
applicable federal medicaid laws and regulations. Private donations
may come from private individuals, foundations, or entities that do
not meet the definition of a provider entity, as contained in federal
regulatory law.
(3) Any amounts appropriated by the Legislature for this program
may be transferred to the fund.
(4) Any interest that accrues on amounts in the fund.
(b) Any public moneys transferred by public agencies, or private
moneys donated by private individuals or entities to the department
for deposit in the fund, shall be expended before any state
appropriation is utilized as the nonfederal match of the supplemental
reimbursement. Total combined funds made available under this
section shall not exceed fifty million dollars ($50,000,000). It is
the intent of the Legislature that funding from the General Fund
shall not exceed twenty-five million dollars ($25,000,000).
(c) Unless otherwise prohibited by law, any public or private
agency transferring moneys to the fund may utilize for that purpose
any revenues, grants, or allocations received from the state for
health care programs or purposes. Unless otherwise prohibited by law,
a public or private agency may also utilize its general operating
funds, or any other public or private moneys or revenues for purposes
of transfers to the fund.
(d) The department shall have discretion as to whether to accept
moneys offered to the department for deposit in the fund. If the
department accepts moneys pursuant to this section, the department
shall obtain federal matching funds to the full extent permitted by
law. The department shall accept only those funds that are certified
by the transferring entity or donating entity as qualifying for
federal financial participation under the terms of the Medicaid
Voluntary Contributions and Provider-Specific Tax Amendments of 1991
(Public Law 102-234), or Section 433.51 of Title 42 of the Code of
Federal Regulations, as applicable, and may return any funds
transferred or donated in error.
(e) Moneys in the fund shall be used as the source for the
nonfederal share of payments to the Regional Burn and Trauma Center
to be constructed pursuant to this article. Moneys shall be allocated
from the fund by the department and matched by federal funds in
accordance with customary Medi-Cal accounting procedures for purposes
of payments under subdivision (e). Distributions from the fund shall
be supplemental to any and all other amounts that this hospital
would have received under the selective provider contracting program.
(f) For purposes of recognizing the Regional Burn and Trauma
Center replacement costs incurred for services rendered to Medi-Cal
beneficiaries, payments from the fund shall be negotiated between the
California Medical Assistance Commission and the entity contracting
under this article. Payments from the fund shall be used solely for
the purposes identified in the contract between the hospital and the
state.
(g) The state shall be held harmless for any federal disallowance
resulting from this section. A hospital receiving supplemental
reimbursement pursuant to this section shall be liable for any
reduced federal financial participation resulting from the
implementation of this section with respect to that hospital. The
state may recoup any federal disallowance from the hospital.
(h) Funds available pursuant to this article shall only be used
for projects, or for that portion of projects, that are available and
accessible to Medi-Cal patients treated under this article or by
successor programs.
WELFARE AND INSTITUTIONS CODE
SECTION 14198.1-14198.2
14198.1. (a) A hospital or its successor entity, that has received
funds pursuant to Section 14198 shall maintain burn and trauma
services and continue to provide medical services to beneficiaries of
Medi-Cal or a successor program through the year 2028.
(b) The state and a hospital subject to this section shall
negotiate in good faith to ensure continued hospital participation in
the Medi-Cal program and to ensure adequate access to services for
Medi-Cal patients.
14198.2. (a) The Regional Burn and Trauma Center Fund is hereby
created in the State Treasury, under the administrative control of
the State Department of Health Services, for the purposes specified
in Section 14198 upon appropriation by the Legislature. Except as
otherwise limited by this section, the fund shall consist of the
following:
(1) All public moneys transferred by public agencies to the
department for deposit into the fund, as permitted under Section
433.51 of Title 42 of the Code of Federal Regulations or any other
applicable federal medicaid laws.
(2) All private moneys donated by private individuals or entities
to the department for deposit in the fund, as permitted under
applicable federal medicaid laws and regulations. Private donations
may come from private individuals, foundations, or entities that do
not meet the definition of a provider entity, as contained in federal
regulatory law.
(3) Any amounts appropriated by the Legislature for this program
may be transferred to the fund.
(4) Any interest that accrues on amounts in the fund.
(b) Any public moneys transferred by public agencies, or private
moneys donated by private individuals or entities to the department
for deposit in the fund, shall be expended before any state
appropriation is utilized as the nonfederal match of the supplemental
reimbursement. Total combined funds made available under this
section shall not exceed fifty million dollars ($50,000,000). It is
the intent of the Legislature that funding from the General Fund
shall not exceed twenty-five million dollars ($25,000,000).
(c) Unless otherwise prohibited by law, any public or private
agency transferring moneys to the fund may utilize for that purpose
any revenues, grants, or allocations received from the state for
health care programs or purposes. Unless otherwise prohibited by law,
a public or private agency may also utilize its general operating
funds, or any other public or private moneys or revenues for purposes
of transfers to the fund.
(d) The department shall have discretion as to whether to accept
moneys offered to the department for deposit in the fund. If the
department accepts moneys pursuant to this section, the department
shall obtain federal matching funds to the full extent permitted by
law. The department shall accept only those funds that are certified
by the transferring entity or donating entity as qualifying for
federal financial participation under the terms of the Medicaid
Voluntary Contributions and Provider-Specific Tax Amendments of 1991
(Public Law 102-234), or Section 433.51 of Title 42 of the Code of
Federal Regulations, as applicable, and may return any funds
transferred or donated in error.
(e) Moneys in the fund shall be used as the source for the
nonfederal share of payments to the Regional Burn and Trauma Center
to be constructed pursuant to this article. Moneys shall be allocated
from the fund by the department and matched by federal funds in
accordance with customary Medi-Cal accounting procedures for purposes
of payments under subdivision (e). Distributions from the fund shall
be supplemental to any and all other amounts that this hospital
would have received under the selective provider contracting program.
(f) For purposes of recognizing the Regional Burn and Trauma
Center replacement costs incurred for services rendered to Medi-Cal
beneficiaries, payments from the fund shall be negotiated between the
California Medical Assistance Commission and the entity contracting
under this article. Payments from the fund shall be used solely for
the purposes identified in the contract between the hospital and the
state.
(g) The state shall be held harmless for any federal disallowance
resulting from this section. A hospital receiving supplemental
reimbursement pursuant to this section shall be liable for any
reduced federal financial participation resulting from the
implementation of this section with respect to that hospital. The
state may recoup any federal disallowance from the hospital.
(h) Funds available pursuant to this article shall only be used
for projects, or for that portion of projects, that are available and
accessible to Medi-Cal patients treated under this article or by
successor programs.
