Section 514.03 - Hospital Groups(1)Hospital Assessment Liability. Hospital assessment liability will vary by hospital group and by inpatient versus outpatient revenues. The five groups of hospitals for purposes of 101 CMR 514.00 are defined as follows. (a)Group I: Any acute hospital identified as a safety net hospital in the MassHealth demonstration waiver approved under subsection (a) of section 1115 of Title XI of the federal Social Security Act and in effect as of October 1, 2022.(b)Group II: Any acute hospital that is an academic medical center, teaching hospital, or specialty hospital, as determined by CHIA as of September 30, 2019, but excluding any hospital included in Group I.(c)Group III: Any private acute hospital operating as of September 30, 2019, but excluding any hospital included in Group I or Group II.(d)Group IV: The Commonwealth's only non-state-owned public hospital, operating as of September 30, 2019.(e)Group V: Any nonpublic non-acute hospital operating as of September 30, 2019.(2)Consistent Application of Assessment. Hospitals will remain in the group they are in as of October 1, 2022, and will be subject to the same assessment rate established for their group, except as follows. (a)New Acute Hospitals. New acute hospitals that come into operation subsequent to October 1, 2022, or for whom there is no FY 2019 hospital-specific gross patient service revenue data (as reported by CHIA based on the annual collection of cost report data), or acute hospitals otherwise not included in the approved waiver application, will be considered Group III hospitals, under 101 CMR 514.03(1), until EOHHS determines the hospital's group eligibility.(b)New Non-acute Hospitals. New non-acute hospitals that come into operation subsequent to October 1, 2022, or for whom there is no FY 2019 hospital-specific gross patient service revenue data (as reported by CHIA based on the annual collection of cost report data), or non-acute hospitals otherwise not included in the approved waiver application, will be considered Group V hospitals, under 101 CMR 514.03(1), until EOHHS determines the hospital's group eligibility.(c)Hospital Closures. If a hospital subject to the assessment closes, with no successor in interest or assignee as determined by EOHHS consistent with the criteria described in 101 CMR 514.03(2)(d), the former hospital will no longer be subject to the assessment, provided that the hospital is subject to the assessment up to and included its date of closure. No changes will be made to the assessment rates for remaining assessed hospitals as a result of a hospital's closure when there is no successor in interest or assignee.(d)Mergers and Acquisitions. The assessment obligation of any hospital is applied to and an obligation of any successor in interest or assignee of such hospital, as determined by EOHHS. A successor in interest may include, but is not limited to, any purchaser of the assets or stock, any new licensee of an existing acute or non-acute hospital, any surviving entity resulting from merger or liquidation, or any receiver or any trustee of the original hospital. The assessment obligation of the successor in interest or assignee with respect to the acquired or merged hospital(s) will be equal to the assessment obligation of the affected hospitals prior to the merger or acquisition. The assessment will be applied to hospitals that merge, or hospitals that acquire another or are acquired, as if no such merger or acquisition occurred.Adopted by Mass Register Issue 1483, eff. 11/3/2022 (EMERGENCY).Amended by Mass Register Issue 1486, eff. 11/3/2022 (COMPLIANCE).