65-6216. Health maintenance organization assessments not imposed or discontinued, when; disbursement or refund of proceeds.

65-6216

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

      65-6216.   Health maintenance organization assessmentsnot imposed or discontinued, when; disbursement or refund of proceeds.(a) The assessment imposed byK.S.A. 2009 Supp.65-6213, and amendmentsthereto,shall nottake effect or shall cease to be imposed and any moneys remaining in the fundattributable to the assessment imposed byK.S.A. 2009 Supp.65-6213, andamendments thereto,shall be refundedto health maintenance organizations in proportion to theamounts paid by such health maintenance organizations if the paymentsto health maintenance organizationsrequired under subsection (b) ofK.S.A. 2009 Supp.65-6218, and amendmentsthereto, arechanged orare not eligible forfederal matching funds under title XIX or XXI of the federal social securityact.

      (b)   The assessment imposed byK.S.A. 2009 Supp.65-6213, and amendmentsthereto,shall nottake effect or shall cease to be imposed if the assessment is determined to bean impermissibletax under title XIX of the federal social security act. Moneys in the healthcare access improvementfundderived from assessments imposed prior thereto shall be disbursed in accordancewith subsection (b) ofK.S.A. 2009 Supp.65-6218,and amendments thereto, to the extent that federal matching is notreduced due to theimpermissibility of the assessments and any remaining moneys shall be refundedtohealth maintenance organizations in proportion to the amountspaid by such health maintenance organizations.

      History:   L. 2004, ch. 89, § 10; Apr. 22.