65-6212. Hospital provider assessments not imposed or discontinued, when; disbursement or refund of proceeds.

65-6212

Chapter 65.--PUBLIC HEALTH
Article 62.--MISCELLANEOUS PROVISIONS

      65-6212.   Hospital provider assessments not imposedor discontinued, when; disbursement or refund of proceeds.(a) The assessment imposed byK.S.A. 2009 Supp.65-6208, and amendmentsthereto,shall not take effect or shall cease to be imposed and any moneysremaining in the fundattributable to assessments imposed underK.S.A. 2009 Supp.65-6208, andamendments thereto,shall be refunded to hospital providers in proportion tothe amounts paid by them if the payments to hospitals required under subsection(a) ofK.S.A. 2009 Supp.65-6218,and amendments thereto, are changed or are not eligible for federalmatching funds under title XIX or XXI of the federal social security act.

      (b)   The assessment imposed byK.S.A. 2009 Supp.65-6208, and amendmentsthereto,shall not take effect or shall cease to be imposed if the assessment isdetermined to be an impermissible tax under title XIX of the federal socialsecurity act. Moneys in the health care access improvement fund derived fromassessments imposed prior thereto shall be disbursed in accordance withsubsection (a) ofK.S.A. 2009 Supp.65-6218, and amendments thereto, to the extent that federalmatching isnot reduced due to the impermissibility of the assessments and any remainingmoneys shall be refunded to hospital providers in proportion to the amountspaid by them.

      History:   L. 2004, ch. 89, § 12; Apr. 22.