FOR AN ACT ENTITLED, An Act to establish a process for periodic review of provider rates for medical assistance to the indigent and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 28-6 be amended by adding a NEW SECTION to read:

    The Department of Social Services and the Department of Human Services shall jointly establish a process and schedule for review of provider rates paid for medical assistance to the indigent. The schedule shall provide that each provider rate is reviewed at least every five years. The rate review information shall be used in formulating the state's general budget.
    Section 2. That chapter 28-6 be amended by adding a NEW SECTION to read:

    The Department of Social Services and Department of Human Services shall jointly create a medical assistance provider rate review advisory committee to assist the department in the review of provider rate reimbursements. The membership of the advisory committee shall include representation from other departments and relevant stakeholder groups as deemed appropriate by the departments. The advisory committee may also make recommendations on

any changes to the rate review process to the department or to the Legislature. At least once every five years, the advisory committee shall provide a written report to the Legislature of the committee's recommendations on all of the provider rates reviewed pursuant to this Act.
    Section 3. That chapter 28-6 be amended by adding a NEW SECTION to read:

    The advisory committee may examine the access, service, and quality, and utilization of each service subject to a provider rate review. The committee may compare the rates paid with available benchmarks, including Medicare rates and usual and customary rates by private pay parties, and use qualitative tools to assess whether payments are sufficient to allow for provider retention and client access and to support appropriate reimbursement of high-value services.
    Section 4. There is hereby appropriated from the general fund the sum of one dollar ($1), or so much thereof as may be necessary, to the Department of Social Services for the purposes of this Act.
    Section 5. The secretary of the Department of Social Services shall approve vouchers and the state auditor shall draw warrants to pay expenditures authorized by this Act.
    Section 6. Any amounts appropriated in this Act not lawfully expended or obligated shall revert in accordance with the procedures prescribed in chapter 4-8.