HRS §346G-12
When the hospital sustainability fee ends
This section says when the state must stop collecting the hospital sustainability fee and what happens to money already collected. It covers four specific situations that would end the fee, and it requires leftover funds to be returned to hospitals within six months.
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The statute, as written — Termination
(a) Collection of the hospital sustainability fee established by section 346G -5 shall be discontinued if: (1) The required federal approvals specified in section 346G-7 are not granted or are revoked by the Centers for Medicare and Medicaid Services; (2) The department reduces reimbursement rates for private hospital services provided to medicaid patients, with the intent to use the sustainability funds to supplant the planned or permanent reduction in reimbursement rates; (3) The department or any other state agency uses the money in the hospital sustainability program special fund for any use other than the uses permitted by this chapter; or (4) Federal financial participation to match the revenue from the hospital sustainability fee becomes unavailable under federal law; provided that the department shall terminate the imposition of the hospital sustainability fee beginning on the date the federal statutory, regulatory, or interpretive change takes effect. (b) If the hospital sustainability fee is discontinued, any remaining moneys in the hospital sustainability program special fund shall be distributed to hospitals within six months of the date of discontinuation in the same proportions as received from the hospitals.
Sections this one refers to
§346G-7 Getting federal approval for the hospital program
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