(1) The department shall suspend the assessment imposed by this part when the executive director certifies that: (a) action by Congress is in effect that disqualifies the assessment imposed by this part from counting toward state Medicaid funds available to be used to determine the amount of federal financial participation; (b) a decision, enactment, or other determination by the Legislature or by any court, officer, department, or agency of the state, or of the federal government, is in effect that: (i) disqualifies the assessment from counting toward state Medicaid funds available to be used to determine federal financial participation for Medicaid matching funds; or (ii) creates for any reason a failure of the state to use the assessments for at least one of the Medicaid programs described in this part; or (c) a change is in effect that reduces the aggregate hospital inpatient and outpatient payment rate below the aggregate hospital inpatient and outpatient payment rate for July 1, 2015. (2) If the assessment is suspended under Subsection (1): (a) the division may not collect any assessment or intergovernmental transfer under this part; (b) the division shall disburse money in the Medicaid ACA Fund that was derived from assessments imposed by this part in accordance with the requirements in Subsection 26B-1-315(4), to the extent federal matching is not reduced by CMS due to the repeal of the assessment; and (c) the division shall refund any money remaining in the Medicaid ACA Fund after the disbursement described in Subsection (2)(b) that was derived from assessments imposed by this part to the hospitals in proportion to the amount paid by each hospital for the last three fiscal years.
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