§ 20-77-1909 - Effectiveness and cessation.
20-77-1909. Effectiveness and cessation.
(a) The assessment imposed under 20-77-1902 shall not take effect or shall cease to be imposed and any moneys remaining in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund shall be refunded to hospitals in proportion to the amounts paid by them if:
(1) The appropriations for any state fiscal year from the General Revenue Fund Account of the State Apportionment Fund for hospital payments under the state Medicaid program are less than the preceding state fiscal year;
(2) The Division of Medical Services of the Department of Human Services makes changes in its rules that reduce hospital inpatient payment rates, outpatient payment rates, or adjustment payments, including any cost-settlement protocol, that were in effect on January 1, 2009; or
(3) The inpatient or outpatient hospital access payments required under 20-77-1908 are changed or the assessments imposed under 20-77-1902 are not eligible for federal matching funds under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq., or Title XXI of the Social Security Act, 42 U.S.C. 1397aa et seq.
(b) (1) The assessment imposed under 20-77-1902 shall not take effect or shall cease to be imposed if the assessment is determined to be an impermissible tax under Title XIX of the Social Security Act, 42 U.S.C. 1396 et seq.
(2) Moneys in the Hospital Assessment Account in the Arkansas Medicaid Program Trust Fund derived from assessments imposed before the determination described in subdivision (b)(1) of this section shall be disbursed under 20-77-1908 to the extent federal matching is not reduced due to the impermissibility of the assessments, and any remaining moneys shall be refunded to hospitals in proportion to the amounts paid by them.