(a)
(1) An assessment is imposed on each hospital except those exempted under § 20-77-1905 for each state fiscal year in an amount calculated as a percentage of each hospital's net patient revenue.
(2) The assessment rate shall be determined annually based upon the percentage of net patient revenue needed to generate an amount up to the nonfederal portion of the upper payment limit gap plus the annual fee to be paid to Medicaid under § 20-77-1904(f)(1)(C), but in no case at a rate that would cause the assessment proceeds to exceed the indirect guarantee threshold set forth in 42 C.F.R. § 433.68(f)(3)(i).
(b)
(1)
(A) Except as set forth in subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section, for state fiscal year 2010, net patient revenue shall be determined using the data from each hospital's fiscal year 2007 Medicare Cost Report contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008.
(B) If a hospital's fiscal year 2007 Medicare Cost Report is not contained in the Centers for Medicare & Medicaid Services' Healthcare Cost Report Information System file dated June 30, 2008, the hospital shall submit a copy of the hospital's 2007 Medicare Cost Report to the Division of Medical Services of the Department of Human Services in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.
(C) If a hospital commenced operations after the due date for a 2007 Medicare Cost Report, the hospital shall submit its 2008 Medicare Cost Report to the division in order to allow the division to determine the hospital's net patient revenue for state fiscal year 2010.
(2) For each subsequent state fiscal year, net patient revenue shall be calculated using the data from each hospital's most recent audited Medicare Cost Report available at the time of the calculation.
(3)
(A) If the audited cost report available under subdivision (b)(2) of this section is more than two (2) years old, the division may elect to use the most recent Medicare Cost Report available at the time of the calculation.
(B) In the event that the division makes an election under subdivision (b)(3)(A) of this section, the division shall use the same Medicare Cost Report for the purposes of calculations under § 20-77-1908.
(c) This subchapter does not authorize a unit of county or local government to license for revenue or impose a tax or assessment upon hospitals or a tax or assessment measured by the income or earnings of a hospital.