1. (a) Subject to subsection (b) 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. (1) The fee may be used only for the purposes described in the following:

      1. (A) Section 8(c)(1) of this chapter.
      2. (B) Section 9 of this chapter.
      3. (C) Section 11 of this chapter.
      4. (D) Section 13.3 of this chapter.
      5. (E) Section 14 of this chapter.
   2. (2) The Medicaid state plan amendments and waiver requests required for the implementation of this chapter are submitted by the office to the United States Department of Health and Human Services before October 1, 2013.

   3. (3) The United States Department of Health and Human Services approves the Medicaid state plan amendments and waiver requests, or revisions of the Medicaid state plan amendments and waiver requests, described in subdivision (2):

      1. (A) not later than October 1, 2014; or
      2. (B) after October 1, 2014, if a date is established by the committee.
   4. (4) The funds generated from the fee do not revert to the state general fund.

2. (b) 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 ends subject to section 9(c) of this chapter, if any of the following occurs:

   1. (1) An appellate court makes a final determination that either:

      1. (A) the fee; or

      2. (B) any of the programs described in section 8(a) of this chapter;

         cannot be implemented or maintained.

   2. (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. (3) The fee is not collected because of circumstances described in section 8(d) of this chapter.
3. (c) 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.

As added by P.L.205-2013, SEC.214. Amended by P.L.213-2015, SEC.141.