1. The Division may, after consulting with a representative sample of private emergency medical transport providers, modify the percentage of the assessment imposed on private emergency medical transport providers pursuant to NRS 422.3743 , the amount of any enhanced rate of reimbursement described in paragraph (a) of subsection 3 of NRS 422.3745 or any other requirement or formula established pursuant to NRS 422.3741 to 422.3749 , inclusive, to the extent necessary to obtain federal financial participation for the enhanced rates of reimbursement described in paragraph (a) of subsection 3 of NRS 422.3745 . Such modifications must not result in the collection of assessments in an amount greater than is required for the purposes prescribed by subsection 3 of NRS 422.3745 . 2. The Division shall take the actions described in subsection 3 after determining that: (a) The amount of funding available for the reimbursement of private emergency medical transport providers has decreased below the level of funding that was available for that purpose during the fiscal year ending on June 30, 2025; (b) The rate of reimbursement under Medicaid for emergency ambulance services has decreased below the rate of reimbursement established under Medicaid for emergency ambulance services as of June 30, 2022; (c) Federal financial participation is not available for the payment of enhanced rates of reimbursement described in paragraph (a) of subsection 3 of NRS 422.3745 ; or (d) The revenue collected from assessments imposed pursuant to NRS 422.3743 will be insufficient for the purposes described in paragraphs (a) and (c) of subsection 3 of NRS 422.3745 . 3. If the Division makes a determination described in subsection 2, the Division shall: (a) Immediately cease imposing and collecting the assessment otherwise required to be imposed pursuant to NRS 422.3743 ; (b) Immediately cease using the money generated through that assessment for the purposes described in subsection 3 of NRS 422.3745 ; and (c) Return any money collected through the assessment imposed pursuant to NRS 422.3743 that the Division is prohibited by paragraph (b) from using for the purposes described in subsection 3 of NRS 422.3745 to the private emergency medical transport provider from whom it was collected. 4. If the Division, after suspending the collection of assessments and the payment of enhanced rates of reimbursement pursuant to subsection 3, determines that the provisions of subsection 2 no longer apply, the Division shall: (a) Resume collecting assessments pursuant to NRS 422.3743 ; (b) Resume payment of the enhanced rates of reimbursement described in paragraph (a) of subsection 3 of NRS 422.3745 ; and (c) Establish, for the period of time during which such assessments and payments were suspended pursuant to subsection 3, a schedule for the retroactive: (1) Collection of assessments pursuant to NRS 422.3743 ; and (2) Payment of enhanced rates of reimbursement pursuant to paragraph (a) of subsection 3 of NRS 422.3745 . 5. As used in this section, representative sample of private emergency medical transport providers means: (a) A group of private emergency medical transport providers which have collectively provided not less than 67 percent of the emergency ambulance trips provided in this State in the immediately preceding calendar year; or (b) An association which represents private emergency medical transport providers which have collectively provided not less than 67 percent of the emergency ambulance trips provided in this State in the immediately preceding calendar year.
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