Code of Federal Regulations (alpha)

CFR /  Title 42  /  Part 412  /  Sec. 412.304 Implementation of the capital prospective payment system.

(a) General rule. As described in Sec. Sec. 412.312 through 412.370, effective with cost reporting periods beginning on or after October 1, 1991, CMS pays an amount determined under the capital prospective payment system for each inpatient hospital discharge as defined in Sec. 412.4. This amount is in addition to the amount payable under the prospective payment system for inpatient hospital operating costs as determined under subpart D of this part.

(b) Cost reporting periods beginning on or after October 1, 1991 and before October 1, 2001. For cost reporting periods beginning on or after October 1, 1991 and before October 1, 2001, the capital payment amount is based on either a combination of payments for old capital costs and new capital costs or a fully prospective rate, as determined under Sec. 412.324 through Sec. 412.348.

(c) Cost reporting periods beginning on or after October 1, 2001--(1) General. Except as provided in paragraph (c)(2) of this section, for cost reporting periods beginning on or after October 1, 2001, the capital payment amount is based solely on the Federal rate determined under Sec. Sec. 412.308(a) and (b) and updated under Sec. 412.308(c).

(1) General. Except as provided in paragraph (c)(2) of this section, for cost reporting periods beginning on or after October 1, 2001, the capital payment amount is based solely on the Federal rate determined under Sec. Sec. 412.308(a) and (b) and updated under Sec. 412.308(c).

(2) Payment to new hospitals. For cost reporting periods beginning on or after October 1, 2002--

(i) A new hospital, as defined under Sec. 412.300(b), is paid 85 percent of its allowable Medicare inpatient hospital capital-related costs through its cost report ending at least 2 years after the hospital accepts its first patient, unless the new hospital elects to be paid under the capital prospective payment system based on 100 percent of the Federal rate.

(A) If the new hospital elects to be paid based on 100 percent of the Federal rate, the new hospital must submit a written request to the fiscal intermediary by the later of December 1, 2002 or 60 days before the beginning of its cost reporting period.

(B) Once a new hospital elects to be paid based on 100 percent of the Federal rate, it may not revert to payment at 85 percent of its allowable Medicare inpatient hospital capital-related costs.

(ii) For the third year and subsequent years, the hospital is paid based on the Federal rate as described under Sec. 412.312.

(d) Interim payments. Interim payments are made to the hospital as provided in Sec. 412.116. [56 FR 43449, Aug. 30, 1991, as amended at 67 FR 50113, Aug. 1, 2002; 70 FR 47487, Aug. 12, 2005]

Basic Methodology for Determining the Federal Rate for Capital-Related

Costs