REVENUE ESTIMATING CONFERENCE Tax: Ad Valorem Issue: Hospital Taxes Bill Number(s): HB 7115 (linked to HB 7117 – Public Records/Capital Recovery Reports) Entire Bill Partial Bill: Sponsor(s): Representative Fant Month/Year Impact Begins: July 1, 2015 Date of Analysis: March 27, 2015 X Section 1: Narrative a. Current Law: County Hospitals Chapter 155, F.S., governs the processes by which county governments may create, fund, regulate and run county hospitals. Section 155.25, F.S., authorizes boards of county commissioners in any county, except Okaloosa, to levy an ad valorem tax, not to exceed 5 mills for no more than 15 consecutive years for the purpose of funding hospital capital expenditures. In addition, a board of county commissioners may allocate to hospital funds any other public monies in its possession not otherwise appropriated or allocated to other uses, pursuant to s. 155.24, F.S. According to the most recent House Staff Analysis (i.e., PCB FTC 15-02, dated 3/24/2015), there are four county-operated hospital systems in Florida: Jackson Memorial in Miami-Dade County, Weems Memorial in Franklin County, Doctors’ Memorial in Holmes County, and The Centers in Citrus and Marion counties. County governments may also appropriate funds to a hospital, not owned or operated by the county, including privately-owned hospitals or hospitals owned by special districts. Special Districts Section 189.012(6), F.S., defines special district as a unit of local government created for a special purpose, as opposed to a general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or rule of the Governor and Cabinet. Special districts are units of local special-purpose government and are very similar to municipalities and counties, which are units of local general-purpose government. All three are similar in that they have a governing body with policy-making powers, provide essential governmental services and facilities, and operate in a limited geographical area. However, the main difference is their purpose. Municipalities and counties provide local general governmental services and have broad powers whereas special districts provide local specialized governmental services and have very limited, related, and specific prescribed powers. As of March 25, 2015, there are 1,635 active special districts in Florida, which provide more than 75 specialized governmental functions such as mosquito control, beach facilities, fire control and rescue, drainage control, or hospital services. For state and local financial reporting and other purposes, special districts are created as either dependent or independent. Pursuant to s. 189.012(2), F.S., a dependent special district must meet at least one of the following criteria. 1. 2. 3. 4. The membership of its governing body is identical to that of the governing body of a single county or a single municipality. All members of its governing body are appointed by the governing body of a single county or a single municipality. During their unexpired terms, members of the special district’s governing body are subject to removal at will by the governing body of a single county or a single municipality. The district has a budget that requires approval through an affirmative vote or can be vetoed by the governing body of a single county or a single municipality. Pursuant to s. 189.012(3), F.S., an independent special district is a special district that meets none of the above four criteria. Hospital Districts According to the Department of Economic Opportunity’s Special District Accountability Program – Official List of Special Districts, there are 32 active hospital, health care, and county health and mental health care districts in Florida – as of March 25, 2015. Of the 32, 5 are dependent districts and 27 are independent districts. Nineteen of the 32 active hospital, health care, and county health and mental health care districts in Florida are authorized to levy ad valorem taxes. Of these 19 districts, one is dependent and 18 are independent. 360 Page 1 of 4 REVENUE ESTIMATING CONFERENCE Tax: Ad Valorem Issue: Hospital Taxes Bill Number(s): HB 7115 (linked to HB 7117 – Public Records/Capital Recovery Reports) b. Proposed Change: The bill creates s. 155.50, F.S., to set up a capital recovery process for tax-supported hospitals. The Department of Financial Services shall contract with an approved provider to receive capital recovery reports and calculate the denial rate for each hospital district or county hospital based on the submitted data. The bill defines a number of terms in order to implement this new section. Each hospital district or county hospital must complete and submit to the contracted, approved provider a capital recovery report within 90 calendar days after the end of the local fiscal year, which ends on September 30. The first capital recovery report is due within 90 calendar days after the 2015-16 local fiscal year, which ends on September 30, 2016. The bill defines a capital recovery report as a report of claims to an insurer or governmental entity and all related claim denials for all of the claims of hospitals and other medical facility operations of a hospital district or a county hospital. A claim is defined as an itemized statement of health care services or costs submitted by a health care provider or facility to a governmental entity or a third party for payment. A hospital district is defined as a dependent or independent special district that levies ad valorem taxes to support the operations of one or more hospitals or other medical facilities. A county hospital is defined as a hospital receiving county funding. Within 60 calendar days after receiving the completed capital recovery report, the contracted provider shall review the data submitted in the report and shall calculate the hospital district’s or county hospital’s claims denial rate. A 15 business day extension for corrective action shall be granted to a hospital district or county hospital that submits a report determined to be incomplete. If a hospital district or county hospital fails to provide the completed report within the 15 day extension, the hospital district or county hospital may not levy or receive increased tax revenues for the fiscal year following the year of the report’s due date. The bill conditions future increases in certain additional funding to an entity’s denial rate, based on the following criteria. 1. 2. 3. A hospital district or county hospital may levy or receive increased tax revenues for the 2017-18, 2018-19 and 2019-20 fiscal years only if the denial rate calculated from the capital recovery report in the immediately preceding fiscal year is 10 percent or less. A hospital district or county hospital may levy or receive increased tax revenues after the 2019-20 fiscal year only if the denial rate calculated from the capital recovery report in the immediately preceding fiscal year is 7 percent or less. If the hospital district or county hospital fails to meet these denial rates, it may increase tax revenues if it can determine that it reduced its claim denial rate by 33 percent within the preceding three fiscal years and by 66 percent within the preceding five fiscal years. The bill defines increased tax revenues as an increase in ad valorem tax revenues levied by a hospital district or an increase in county funding for a county hospital for a fiscal year compared to the levying or funding entity’s immediately prior fiscal year. County funding is defined as funds appropriated by a county government to support a hospital or the proceeds of an ad valorem tax levied by a county to support a hospital. Section 2: Description of Data and Sources Florida Department of Economic Opportunity, Special District Accountability Program – Official List of Special Districts. Florida Department of Revenue, Ad Valorem Tax data. Florida House of Representatives, Finance & Tax Committee staff. Section 3: Methodology (Include Assumptions and Attach Details) County Hospitals According to data contained in annual financial statements for the local fiscal year ended 2013, the four county-operated hospital systems in Florida received approximately $360 million in funding from the county governments operating them. The majority of the total statewide county funding (i.e., $349 million) was distributed to the Jackson Memorial system by Miami-Dade County. Of the $349 million total funding by Miami-Dade County, approximately 62 percent (i.e., $216 million) reflected the proceeds the County 361 Page 2 of 4 REVENUE ESTIMATING CONFERENCE Tax: Ad Valorem Issue: Hospital Taxes Bill Number(s): HB 7115 (linked to HB 7117 – Public Records/Capital Recovery Reports) Public Hospital Surtax levied pursuant to s. 212.055(5), F.S. The remainder (i.e., $133 million) reflected transfers from the county’s General Fund. Hospital Districts The Official List of Special Districts currently identifies 32 active hospital, health care, and county health and mental health care districts in Florida, as listed below. Active Hospital, Health Care, and County Health and Mental Health Care Districts in Florida as of March 25, 2015 Ad Valorem 2014 2014 District Name County Status Tax Funding? Millage Rate Taxes Levied Baker County Hospital District Baker Independent Yes 1.2000 $925,518 Bay Medical Center Bay Independent No Campbellton-Graceville Hospital Jackson Independent Yes 1.6816 $324,375 Cape Canaveral Hospital District Brevard Independent No Carrabelle Hospital Tax District Franklin Dependent No Citrus County Hospital Board Citrus Independent Yes 0.0000 $0 DeSoto County Hospital District DeSoto Independent No Doctors Memorial Hospital Holmes Independent No Gadsden County Hospital Gadsden Dependent Yes 0.0000 $0 George E. Weems Memorial Hospital Franklin Independent No Halifax Hospital Medical Center Volusia Independent Yes 1.0000 $13,149,276 Hardee County Indigent Health Care Hardee Independent Yes 0.3780 $549,895 Special District Health Care District of Palm Beach Palm Beach Independent Yes 1.0800 $151,093,010 County 3.2908 $5,879,844 Hendry County Hospital Authority Hendry Independent Yes (debt) 0.6600 $1,179,256 Highlands County Hospital District Highlands Dependent No Hillsborough County Hospital Authority Hillsborough Dependent No Indian River County Hospital District Indian River Independent Yes 0.9899 $13,343,029 Jackson County Hospital District Jackson Independent No Lake Shore Hospital Authority Columbia Independent Yes 0.9620 $2,272,124 Lee Memorial Health System Lee Independent No Lower Florida Keys Hospital District Monroe Independent Yes 0.0000 $0 Madison County Health and Hospital Madison Independent Yes 0.0000 $0 District Marion County Hospital District Marion Dependent No North Brevard County Hospital District Brevard Independent No North Broward Hospital District Broward Independent Yes 1.5939 $155,674,416 North Lake County Hospital District Lake Independent Yes 1.0000 $9,119,561 Sarasota County Public Hospital District Sarasota Independent Yes 1.0863 $47,250,010 South Broward Hospital District Broward Independent Yes 0.1863 $8,161,957 South Lake County Hospital District Lake Independent Yes 0.7633 $4,969,106 Southeast Volusia Hospital District Volusia Independent Yes 2.7842 $15,571,573 West Orange Healthcare District Orange Independent No West Volusia Hospital Authority Volusia Independent Yes 1.9237 $14,079,446 Total $443,542,396 Note: The Official List of Special Districts functionally identifies Bay Medical Center as both a Hospital district and a Health Care district. The Health Care District of Palm Beach County, Lee Memorial Health System, West Orange Healthcare District, and West Volusia Hospital Authority are functionally identified as Health Care districts. The Hardee County Indigent Health Care Special 362 Page 3 of 4 REVENUE ESTIMATING CONFERENCE Tax: Ad Valorem Issue: Hospital Taxes Bill Number(s): HB 7115 (linked to HB 7117 – Public Records/Capital Recovery Reports) District is functionally identified as a County Health and Mental Health Care district. All other entities are functionally identified as Hospital districts. Source: Florida Department of Revenue. The future ability of a hospital district or county hospital to levy or receive increased tax revenues is contingent on whether or not the affected entities meet the bill’s specified denial rate requirements. For each county hospital that fails to meet the bill’s specified denial rates, the county government would be prohibited from providing the hospital with increased appropriations or increased ad valorem tax revenues. For each hospital district that fails to meet the bill’s specified denial rates, the district would be prohibited from collecting increased ad valorem tax revenues for its hospitals and/or medical facilities. For these reasons, the EDR staff is recommending a recurring positive indeterminate fiscal impact for each fiscal year in the forecast period. Section 4: Proposed Fiscal Impact High Cash Middle Recurring 2015-16 2016-17 2017-18 2018-19 2019-20 Cash $0 $0 (Indeterminate) (Indeterminate) (Indeterminate) Low Recurring (Indeterminate) (Indeterminate) (Indeterminate) (Indeterminate) (Indeterminate) Cash Recurring List of Affected Trust Funds: Local funds Section 5: Consensus Estimate (Adopted: 03/27/2015): The Conference adopted a zero to negative indeterminate impact except for the first two year’s cash, which is zero. GR 2015-16 2016-17 2017-18 2018-19 2019-20 Cash 0.0 0.0 0.0 0.0 0.0 Trust Recurring 0.0 0.0 0.0 0.0 0.0 Cash 0.0 0.0 0.0 0.0 0.0 Recurring 0.0 0.0 0.0 0.0 0.0 363 Local/Other Cash Recurring 0.0 0/(**) 0.0 0/(**) 0/(**) 0/(**) 0/(**) 0/(**) 0/(**) 0/(**) Total Cash 0.0 0.0 0/(**) 0/(**) 0/(**) Recurring 0/(**) 0/(**) 0/(**) 0/(**) 0/(**) Page 4 of 4
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