"Public agency", for purposes of this chapter, does not mean a provider of goods, services, or other benefits that meets the following requirements:

1. (1) The provider receives public funds through an agreement with the state, a county, or a municipality that meets the following requirements:

   1. (A) The agreement provides for the payment of fees to the entity in exchange for services, goods, or other benefits.
   2. (B) The amount of fees received by the entity under the agreement is not based upon or does not involve a consideration of the tax revenues or receipts of the state, county, or municipality.
   3. (C) The amount of the fees are negotiated by the entity and the state, county, or municipality.
   4. (D) The state, county, or municipality is billed for fees by the entity for the services, goods, or other benefits actually provided by the entity.
2. (2) The provider is not required by statute, rule, or regulation to be audited by the state board of accounts.

As added by P.L.179-2007, SEC.8.