Rule 111-3-6-.02 - Contributions and Deposited and Transferred Revenues(1) Contributions to the Trust Fund may be made by any person authorized to contribute to the Trust Fund pursuant to O.C.G.A. § 31-8-153. Contributions to the Trust Fund shall be irrevocable and shall not include any limitation upon use of such contributions except as permitted in this article or by the Department. Contributions shall only be used for the purposes contained in O.C.G.A. § 31-8-154.(2) Contributions to the Trust Fund may be made within the time periods established by the Department during each calendar year. Such contributions may be deposited to the Trust Fund by means of electronic funds transfer, when pre-authorized by the Department.(3) Hospital authorities, counties, municipalities, or other state or local public or governmental entities are authorized to deposit or transfer moneys to the Trust Fund. Transfer of these funds shall be a valid public purpose for which those funds may be expended. Such transfers shall be irrevocable and shall not include any limitation upon use of such transfer except as permitted in this article or by the Department. Transfers shall only be used for the purposes authorized by O.C.G.A. § 31-8-154.(4) Entities authorized to deposit or transfer moneys to the Trust Fund shall execute a contract, agreement or other instrument for the purpose of facilitating such deposit or transfer. Such contracts, agreements or other instruments shall be effective for a period of no more than twelve (12) months. Violation of the terms of a contract, agreement or other instrument executed pursuant to this Rule, or the failure of an entity to execute a contract, agreement, or other instrument, may result in the withholding or recoupment of Trust Fund payment adjustments to the subject disproportionate share hospital unless remedial action satisfactory to the Department is taken by such hospital within thirty (30) days of notice of deficiency by the Department.(5) Contributions and revenues deposited and transferred to the Trust Fund may be made for expansions of Medicaid eligibility and services, for programs to support rural and other health care providers, primarily hospitals, who serve the medically indigent, for primary health care programs for medically indigent citizens and children of this state, or for any combination of purposes specified in this paragraph.(6) Contributions and revenues deposited and transferred by or on behalf of a disproportionate share hospital later determined to be inappropriately so designated or which fails to meet the conditions of these Rules and the contracts, agreements, or other instruments executed pursuant to Rules 111-3-6-.02(4) and 111-3-6-.03(4)(e)14., shall be returned to the contributor, depositor, or transferor with interest earned after collection of payments made to such hospital pursuant to the provisions of these rules.(7) Contributions, revenues, or moneys deposited and transferred by or on behalf of a disproportionate share hospital which closes during the fiscal year in which the funds are received shall be returned with interest earned pro rata to such hospital, provided that the hospital has not received a disproportionate share hospital payment for that fiscal year. Such hospital shall not be eligible for further payments during that fiscal year.(8) All contributions, revenues, or moneys transferred or deposited to the Trust Fund and any interest earned thereon which have not been appropriated by the end of the fiscal year or which have been appropriated but have been determined to be: (a) Void because of having been appropriated in violation of O.C.G.A. § 31-8-156;(b) Ineligible for anticipated federal matching funds;(c) Not contractually obligated at the end of the fiscal year for which they were appropriated;(d) Subject to return pursuant to any rule of the Department; or(e) Void because of violation by the Department of the terms of a contract, agreement, or other instrument executed pursuant to subsection (c) of O.C.G.A. § 31-8-155; shall be returned to the Trust Fund and refunded pro rata to the entities responsible for the deposit, transfer or contribution. The refund shall be made by the director of the Fiscal Division of the Department of Administrative Services no less than thirty (30) days following the end of the fiscal year or such a determination by the Department, as applicable.Ga. Comp. R. & Regs. R. 111-3-6-.02
O.C.G.A. Secs. 31-8-155, 49-4-142.
Original Rule entitled "Contributions and Deposited and Transferred Revenues" adopted. F. May 31, 2006; eff. June 20, 2006.