If the commissioner of insurance, in consultation with the commissioner of health and human services, determines that a provision of § 843.209 or 843.321, Subchapter J, Chapter 843, Chapter 1213, Subchapter C or C-1, Chapter 1301, or § 1301.008, 1301.069, or 1301.162 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.), as amended, or Subchapter XXI, Social Security Act (42 U.S.C. § 1397aa et seq.), as amended, the commissioner of insurance by rule shall waive the application of that provision to the providing of those benefits or services.