[§346G-12]  Termination.  [See Note at chapter heading.]  (a)  Collection of the hospital sustainability fee established by section 346G-5 shall be discontinued if:

     (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 funding for hospital services below the state appropriation in effect as of July 1, 2012;

     (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)  Notwithstanding section 346G-4(c), if collection of the hospital sustainability fee is discontinued as provided in this section, any remaining moneys in the hospital sustainability program special fund shall be distributed within thirty days to the private hospitals on the same basis as the hospital sustainability fee was collected. [L 2012, c 217, pt of §2, §5; am L 2013, c 141, pt of §1, §2; am L 2014, c 123, §2; am L 2015, c 70, §2; am L 2016, c 60, §3; am L 2017, c 59, §5]


Revision Note


  In subsection (a)(2), "July 1, 2012" substituted for "the effective date of this chapter".



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