Sec. 6. (a) The fee must meet the requirements of the federal Medicaid statutes and regulations for permissible health care related taxes. (b) The office may request a waiver from the United States Department of Health and Human Services of the broad based and uniformity requirements under 42 CFR 433.68 relating to the assessment under this chapter. (c) Subject to subsection (a): (1) the office may assess the fee on a tiered basis among the managed care organizations; and (2) the office may assess the fee based on member months, premium revenue, or any other methodology approved by the United States Department of Health and Human Services.
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