26B-3-806.  Repeal of assessment.

(1)  This part is repealed when, as certified by the executive director of the department, any of the following occurs:

Terms Used In Utah Code 26B-3-806

  • Ambulance service provider: means :
(a) an ambulance provider as defined in Section 26B-4-101; or
(b) a non-911 service provider as defined in Section 26B-4-101. See Utah Code 26B-3-801
  • Assessment: means the Medicaid ambulance service provider assessment established by this part. See Utah Code 26B-3-801
  • Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
  • Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101
  • 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)  an action by Congress that disqualifies the assessment imposed by this part from state Medicaid funds available to be used to determine the federal financial participation takes legal effect; or

    (b)  an action, decision, enactment, or other determination by the Legislature or by any court, officer, department, or agency of the state or federal government takes effect that:

    (i)  disqualifies the assessment from counting toward state Medicaid funds available to be used to determine federal financial participation for Medicaid matching funds; or

    (ii)  creates for any reason a failure of the state to use the assessments for the Medicaid program as described in this part.

    (2)  If this part is repealed under Subsection (1):

    (a)  money in the Ambulance Service Provider Assessment Expendable Revenue Fund that was derived from assessments imposed by this part, deposited before the determination made under Subsection (1), shall be disbursed under Section 26B-1-317 to the extent federal matching is not reduced due to the impermissibility of the assessments; and

    (b)  any funds remaining in the special revenue fund shall be refunded to each ambulance service provider in proportion to the amount paid by the ambulance service provider.

    Renumbered and Amended by Chapter 306, 2023 General Session