26B-3-709. Repeal of assessment.
| (1) |
The repeal of the assessment imposed by this part shall occur upon the certification by the executive director of the department that the sooner of the following has occurred:
Terms Used In Utah Code 26B-3-709- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assessment: means the Medicaid hospital provider assessment established by this part. See Utah Code 26B-3-701
- Division: means the Division of Integrated Healthcare of the department. See Utah Code 26B-3-701
- 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.
- 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
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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 effective date of any action by Congress that would disqualify the assessment imposed by this part from counting toward state Medicaid funds available to be used to determine the federal financial participation; |
| (b) |
the effective date of any decision, enactment, or other determination by the Legislature or by any court, officer, department, or agency of the state, or of the federal government that has the effect of:
| (i) |
disqualifying the assessment from counting towards state Medicaid funds available to be 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 Medicaid program as described in this part; |
|
| (c) |
the effective date of:
| (i) |
an appropriation for any state fiscal year from the General Fund for hospital payments under the state Medicaid program that is less than the amount appropriated for state fiscal year 2012; |
| (ii) |
the annual revenues of the state General Fund budget return to the level that was appropriated for fiscal year 2008; |
| (iii) |
a division change in rules that reduces any of the following below July 1, 2011, payments:
| (A) |
aggregate hospital inpatient payments; |
| (B) |
adjustment payment rates; or |
| (C) |
any cost settlement protocol; or |
|
| (iv) |
a division change in rules that reduces the aggregate outpatient payments below July 1, 2011, payments; and |
|
| (d) |
the sunset of this part in accordance with Section 63I-1-226. |
|
| (2) |
If the assessment is repealed under Subsection (1), money in the fund that was derived from assessments imposed by this part, before the determination made under Subsection (1), shall be disbursed under Section 26B-3-707 to the extent federal matching is not reduced due to the impermissibility of the assessments. Any funds remaining in the special revenue fund shall be refunded to the hospitals in proportion to the amount paid by each hospital. |
Renumbered and Amended by Chapter 306, 2023 General Session
