26-36a-208 - Repeal of assessment. - Utah Statutes

26-36a-208. Repeal of assessment.
(1) The repeal of the assessment imposed by this chapter shall occur upon thecertification by the executive director of the department that the sooner of the following hasoccurred:
(a) the effective date of any action by Congress that would disqualify the assessmentimposed by this chapter from counting towards state Medicaid funds available to be used todetermine the federal financial participation;
(b) the effective date of any decision, enactment, or other determination by theLegislature or by any court, officer, department, or agency of the state, or of the federalgovernment that has the effect of:
(i) disqualifying the assessment from counting towards state Medicaid funds available tobe used to determine federal financial participation for Medicaid matching funds; or
(ii) creating for any reason a failure of the state to use the assessments for the Medicaidprogram as described in this chapter; and
(c) the effective date of:
(i) an appropriation for any state fiscal year from the General Fund for hospital paymentsunder the state Medicaid program that is less than the amount appropriated for state fiscal year2011;
(ii) the annual revenues of the state General Fund budget return to the level that wasappropriated for fiscal year 2008;
(iii) approval of any change in the state Medicaid plan that requires a greater percentageof Medicaid patients to enroll in Medicaid managed care plans than what is required on January1, 2010;
(iv) a division change in rules that reduces any of the following below July 1, 2010payments:
(A) aggregate hospital inpatient payments;
(B) adjustment payment rates; or
(C) any cost settlement protocol; or
(v) a division change in rules that reduces the aggregate outpatient payments below July1, 2011 payments.
(2) If the assessment is repealed under Subsection (1), money in the fund that wasderived from assessments imposed by this chapter, before the determination made underSubsection (1), shall be disbursed under Section 26-36a-205 to the extent federal matching is notreduced due to the impermissibility of the assessments. Any funds remaining in the specialrevenue fund shall be refunded to the hospitals in proportion to the amount paid by each hospital.

Enacted by Chapter 179, 2010 General Session