Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately clarify rate setting commission authority over hospital rate compliance, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 6A of the General Laws is hereby amended by striking out section 86, as appearing in the 1988 Official Edition, and inserting in place thereof the following section:-
Section 86. Notwithstanding the provisions of sections seventy-eight, eighty-four and eighty-five, in computing the amount of each acute hospital's deficit or excess revenue in any fiscal year, including fiscal years nineteen hundred and eighty-six to nineteen hundred and ninety-two, inclusive, the commission shall, subject to regulations to be promulgated by said commission, increase or decrease a hospital's approved nonmedicare gross inpatient service revenue to the extent that it determines that the deficit or excess in the hospital's nonmedicare gross inpatient service revenue is attributable to a change from the base period to said fiscal year in the number and type of services provided to nonmedicare patients, as compared to medicare patients, which change is caused by a change in the relative clinical characteristics and medical needs of nonmedicare and medicare patients not reflected in the measurement of case mix adjusted discharges.