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<regulation prefix="Regulation" num=".07" citation="COMAR 10.09.92.07" title_num="10" subtitle_num="09" chapter_num="92" heading="Payment Procedures.">
  <paragraph num="A.">
    <text>Reimbursement Principles for Acute Hospitals Located in Maryland.</text>
    <paragraph num="(1)">
      <text>The Department will make no direct reimbursement to any State-operated hospital. The Department will claim federal fund recoveries from the U.S. Department of Health and Human Services for services to participants in State-operated hospitals.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Except for administrative days, acute hospitals shall be reimbursed at the rate set for the Program by the HSCRC pursuant to COMAR 10.37.10 or allowed under COMAR 10.37.03.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the Program discontinues using rates which have been approved by HSCRC, the Program shall reimburse providers:</text>
      <paragraph num="(a)">
        <text>According to Medicare standards and principles for retrospective cost reimbursement described in 42 CFR §413; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>On the basis of charges if less than reasonable cost.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The Department may not reimburse for the services of a hospital’s salaried or contractual clinical staff as a separate line item. Charges for these services should be included in the room and board rate or the appropriate ancillary service only, when HSCRC has included these salaries in the hospital’s costs.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Program shall reimburse room and board charges from the day of admission up to, but not including, the date of discharge from the hospital.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The provider shall submit a request for payment according to procedures established by the Department.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The Program reserves the right to return to the provider any invoice that is not properly completed.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Payments on Medicare claims are authorized if:</text>
      <paragraph num="(a)">
        <text>The provider accepts Medicare assignment;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Medicare makes a direct payment to the provider;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Medicare determined that services are medically necessary;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The services are covered by the Program; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Initial billing is made directly to Medicare according to Medicare guidelines.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>The Department shall make a supplemental payment on Medicare claims as follows:</text>
      <paragraph num="(a)">
        <text>Deductible and co-insurance shall be paid in accordance with the limits of this regulation; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Hospitals shall be paid subject to the HSCRC discounts, except in the case of a participant receiving hospital services in an out-of-State facility, in which case the deductible and co-insurance shall be paid in full.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>The provider shall not bill the Department or participant for:</text>
      <paragraph num="(a)">
        <text>Completion of forms and reports;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Broken or missed appointments;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Services rendered by mail, telephone, or otherwise not in person, with the exception of telehealth services in accordance with COMAR 10.09.49; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Providing a copy of a participant’s medical record, when requested by another licensed provider on behalf of the participant.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(11)">
      <text>Billing time limitations are set forth in COMAR 10.09.36.06.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Freestanding medical facilities are reimbursed by the Department at the rate set for the freestanding facility by HSCRC.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Reimbursement Principles for Out-of-State Hospitals.</text>
    <paragraph num="(1)">
      <text>For hospitals outside of Maryland, excluding the District of Columbia, claims reflecting dates of service on or after October 1, 2009, shall be reimbursed at a rate that is 100 percent of the amount reimbursable by the host state’s Title XIX agency or the amount of the hospital’s actual charges in total, whichever is less.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Out-of-State providers are responsible for reimbursing the Department or its designee for overpayments, in accordance with COMAR 10.09.36.07.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Reimbursement Principles for Administrative Days.</text>
    <paragraph num="(1)">
      <text>The hospital shall be paid for administrative days that are requested at the time of retrospective review and that are authorized by the Department or its designee after review of the:</text>
      <paragraph num="(a)">
        <text>Clinical documentation;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Discharge plan indicating that the hospital was seeking placement for the participant on the administrative days requested; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Documentation that was submitted to the Department on the authorized form that shows placement activity occurred on each day claimed as an administrative day.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>To be paid for administrative days, for participants who are not ventilator dependent, the reimbursement amount shall be an estimated Statewide average of the Program nursing home payment rate as determined by the Department.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A hospital is not eligible for administrative day reimbursement if the days have already been billed as acute days.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Reimbursement Principles for Freestanding Acute Rehabilitation Hospitals. For freestanding acute rehabilitation hospitals not approved by the Program for reimbursement according to HSCRC rates, the Department shall reimburse these hospitals using a prospective payment system.</text>
  </paragraph>
</regulation>