36-2999.57. Discontinuance of assessments

(Rpld. 10/1/31)

A. The department of revenue shall discontinue collection of all assessments if any of the following applies:

1. The quality assessment waiver or the state plan amendment reflecting the quarterly nursing facility adjustment payments is not approved by the centers for medicare and medicaid services.

2. The administration reduces funding for nursing facility services below the state appropriation in effect on the effective date of this article.

3. The administration or any other state agency attempts to use monies in the nursing facility assessment fund established pursuant to section 36-2999.53 for any use other than those permitted pursuant to this article.

4. Federal financial participation to match the quality assessments made pursuant to this article becomes unavailable under federal law, in which case the administration must terminate the imposition of the assessments beginning on the date the federal statutory, regulatory or interpretive changes take effect.

B. If the department of revenue discontinues collection of the assessment pursuant to this section, it shall return all monies in the nursing facility assessment fund established by section 36-2999.53 to the nursing facilities from which the assessment was collected on the same basis as the assessments were assessed.