Utah Code 26B-3-612. Suspension of assessment
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(1) The department shall suspend the assessment imposed by this part when the executive director certifies that:
Terms Used In Utah Code 26B-3-612
- Assessment: means the Medicaid expansion hospital assessment established by this part. See Utah Code 26B-3-601
- CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-601
- Division: means the Division of Integrated Healthcare within the department. See Utah Code 26B-3-601
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Medicaid ACA Fund: means the Medicaid ACA Fund created in Section
26B-1-315 . See Utah Code 26B-3-601 - State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) action by Congress is in effect that disqualifies the assessment imposed by this part from counting toward state Medicaid funds available to be used to determine the amount of federal financial participation;
(1)(b) a decision, enactment, or other determination by the Legislature or by any court, officer, department, or agency of the state, or of the federal government, is in effect that:
(1)(b)(i) disqualifies the assessment from counting toward state Medicaid funds available to be used to determine federal financial participation for Medicaid matching funds; or
(1)(b)(ii) creates for any reason a failure of the state to use the assessments for at least one of the Medicaid programs described in this part; or
(1)(c) a change is in effect that reduces the aggregate hospital inpatient and outpatient payment rate below the aggregate hospital inpatient and outpatient payment rate for July 1, 2015.
(2) If the assessment is suspended under Subsection (1):
(2)(a) the division may not collect any assessment or intergovernmental transfer under this part;
(2)(b) the division shall disburse money in the Medicaid ACA Fund that was derived from assessments imposed by this part in accordance with the requirements in Subsection 26B-1-315 (4), to the extent federal matching is not reduced by CMS due to the repeal of the assessment; and
(2)(c) the division shall refund any money remaining in the Medicaid ACA Fund after the disbursement described in Subsection (2)(b) that was derived from assessments imposed by this part to the hospitals in proportion to the amount paid by each hospital for the last three fiscal years.