26B-3-512. Repeal of assessment.
| (1) |
The assessment imposed by this part shall be repealed when:
Terms Used In Utah Code 26B-3-512- Assessment: means the inpatient hospital assessment established by this part. See Utah Code 26B-3-501
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-501
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-501
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the executive director certifies that:
| (i) |
action by Congress is in effect that disqualifies the assessment imposed by this part from counting toward state Medicaid funds available to be used to determine the amount of federal financial participation; |
| (ii) |
a decision, enactment, or other determination by the Legislature or by any court, officer, department, or agency of the state, or of the federal government, is in effect that:
| (A) |
disqualifies the assessment from counting toward state Medicaid funds available to be used to determine federal financial participation for Medicaid matching funds; or |
| (B) |
creates for any reason a failure of the state to use the assessments for at least one of the Medicaid programs described in this part; or |
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| (iii) |
a change is in effect that reduces the aggregate hospital inpatient and outpatient payment rate below the aggregate hospital inpatient and outpatient payment rate for July 1, 2015; or |
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| (b) |
this part is repealed in accordance with Section 63I-1-226. |
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| (2) |
If the assessment is repealed under Subsection (1):
| (a) |
the division may not collect any assessment or intergovernmental transfer under this part; |
| (b) |
the department shall disburse money in the special Medicaid Expansion Fund in accordance with the requirements in Subsection 26B-1-315(4), to the extent federal matching is not reduced by CMS due to the repeal of the assessment; |
| (c) |
any money remaining in the Medicaid Expansion Fund after the disbursement described in Subsection (2)(b) that was derived from assessments imposed by this part shall be refunded to the hospitals in proportion to the amount paid by each hospital for the last three fiscal years; and |
| (d) |
any money remaining in the Medicaid Expansion Fund after the disbursements described in Subsections (2)(b) and (c) shall be deposited into the General Fund by the end of the fiscal year that the assessment is suspended. |
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Renumbered and Amended by Chapter 306, 2023 General Session
