Sec. 6. (a) Subject to subsection (d) and section 8(b) of this chapter, the office may assess a hospital assessment fee to hospitals during the fee period if the following conditions are met: (1) The fee may be used only for the purposes described in the following: (A) Section 8(c)(1) of this chapter. (B) Section 8.5 of this chapter. (C) Section 9 of this chapter. (D) Section 11 of this chapter. (E) Section 13.3 of this chapter. (F) Section 14 of this chapter. (2) The funds generated from the fee do not revert to the state general fund. (b) The office may request a waiver from the United States Department of Health and Human Services of the broad based and uniformity requirements set forth in 42 CFR 433.68 concerning the assessment under this chapter. (c) Subject to subsection (a), the office may assess a fee in an amount not to exceed the maximum amount permitted under federal law: (1) on a tiered basis among the hospitals; and (2) based on net patient revenue, inpatient days, or another methodology approved by the United States Department of Health and Human Services. (d) The office shall stop collecting a fee, the programs described in section 8(a) of this chapter shall be reconciled and terminated subject to section 9(c) of this chapter, and the operation of section 11 of this chapter, subject to section 11(d) and 11(e) of this chapter, ends subject to section 9(c) of this chapter, if any of the following occurs: (1) An appellate court makes a final determination that either: (A) the fee; or (B) any of the programs described in section 8(a) of this chapter; cannot be implemented or maintained. (2) The United States Department of Health and Human Services makes a final determination that the Medicaid state plan amendments or waivers submitted under this chapter are not approved or cannot be validly implemented. (3) The fee is not collected because of circumstances described in section 8(d) of this chapter. (e) The office shall keep records of the fees collected by the office and report the amount of fees collected under this chapter to the budget committee.
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