If the United States centers for medicare and medicaid services determines that the franchise fee is an impermissible health care-related tax under section 1903(w) of the “Social Security Act,” 42 U.S.C. § 1396b(w), the department of medicaid shall do either of the following as appropriate:

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(A) Modify the imposition of the franchise fee, including (if necessary) the amount of the franchise fee, in a manner needed for the United States centers to reverse its determination;

(B) Take all necessary actions to cease the imposition of the franchise fee until the determination is reversed.