(a) Collection of the hospital sustainability fee established by section 346G-5 shall be discontinued if:

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Terms Used In Hawaii Revised Statutes 346G-12

  • Department: means the department of human services. See Hawaii Revised Statutes 346G-3
  • Hospital: means any facility licensed pursuant to chapter 11-93, Hawaii Administrative Rules. See Hawaii Revised Statutes 346G-3
  • Private hospital: means all currently operating hospitals, except for hospitals that are:

    (1) Operated by or affiliated with the Hawaii health systems corporation; or
    (2) Charitable hospitals funded primarily through donations or other non-insurance sources of funding, and whose net patient revenue is less than fifty per cent of operating expenses, per the medicaid cost report. See Hawaii Revised Statutes 346G-3
(1) The required federal approvals specified in section 346G-7 are not granted or are revoked by the Centers for Medicare and Medicaid Services;
(2) The department reduces reimbursement rates for private hospital services provided to medicaid patients, with the intent to use the sustainability funds to supplant the planned or permanent reduction in reimbursement rates;
(3) The department or any other state agency uses the money in the hospital sustainability program special fund for any use other than the uses permitted by this chapter; or
(4) Federal financial participation to match the revenue from the hospital sustainability fee becomes unavailable under federal law; provided that the department shall terminate the imposition of the hospital sustainability fee beginning on the date the federal statutory, regulatory, or interpretive change takes effect.
(b) If the hospital sustainability fee is discontinued , any remaining moneys in the hospital sustainability program special fund shall be distributed to hospitals within six months of the date of discontinuation in the same proportions as received from the hospitals.