If the commissioner, in consultation with the commissioner of health and human services, determines that a provision of Section 1274.002 will cause a negative fiscal impact on the state with respect to providing benefits or services under Subchapter XIX, Social Security Act (42 U.S.C. § 1396 et seq.), or Subchapter XXI, Social Security Act (42 U.S.C. § 1397aa et seq.), the commissioner of insurance by rule shall waive the application of that provision to the providing of those benefits or services.