(A) The medicaid director shall adopt rules in accordance with Chapter 119 of the Revised Code as necessary to implement sections 5168.20 to 5168.28 of the Revised Code, including rules that specify the percentage of hospitals’ total facility costs to be used in calculating hospitals’ assessments under section 5168.21 of the Revised Code.

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(B) The rules adopted under this section may do the following:

(1) Provide that a hospital’s total facility costs for the purpose of the assessment under section 5168.21 of the Revised Code exclude any of the following:

(a) A hospital’s costs associated with providing care to recipients of any of the following:

(i) The medicaid program;

(ii) The medicare program;

(iii) The program for children and youth with special health care needs established under section 3701.023 of the Revised Code;

(iv) Services provided under the maternal and child health services block grant established under Title V of the “Social Security Act,” 42 U.S.C. § 701 et seq.

(b) Any other category of hospital costs the director deems appropriate under federal law and regulations governing the medicaid program.

(2) Subject to division (C) of this section, provide for the percentage of hospitals’ total facility costs used in calculating hospitals’ assessments to vary for different hospitals.

(C) Before adopting rules authorized by division (B)(2) of this section that establish varied percentages to be used in calculating hospitals’ assessments, the director shall obtain a waiver from the United States secretary of health and human services under the “Social Security Act,” section 1903(w)(3)(E), 42 U.S.C. § 1396b(w)(3)(E), if the varied percentages would cause the assessments to not be imposed uniformly.