(a) (1) The department shall seek approval from the federal Centers for Medicare and Medicaid Services for the implementation of this article. (2) If after seeking federal approval, federal approval is not obtained, this article shall not be implemented. (3) The Director of Health Services may alter the methodology specified in this article to the extent necessary to meet the requirements of federal law or regulations, or to obtain federal approval. (b) If there is a final judicial determination by any court of appellate jurisdiction or a final determination by the Administrator of the federal Center for Medicare and Medicaid Services that the supplemental reimbursement provided by this article shall be made to any facility not described in this article, this article shall immediately become inoperative.
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