§346F-13  Termination.  [See Note at chapter heading.]  (a)  Collection of the nursing facility sustainability fee under section 346F-5 shall be discontinued if:

     (1)  The waiver in section 346F-7 or the enhanced capitation rates in section 346F-10 have not been approved by the Centers for Medicare and Medicaid Services;

     (2)  The department reduces funding for nursing facility services below the state appropriation in effect on June 30, 2021;

     (3)  The department or any other state agency uses the money in the special fund for any use other than the uses permitted pursuant to this chapter; or

     (4)  Federal financial participation to match the nursing facility sustainability fee becomes unavailable under federal law.  In such case, the department shall terminate the collection of the fee beginning on the effective date of the federal statutory, regulatory, or interpretive change.

     (b)  If collection of the nursing facility sustainability fee is discontinued as provided in this section, any remaining money in the special fund shall be returned to the nursing facilities from which the fee was collected within thirty days in the same proportions as received from the nursing facilities. [L 2012, c 156, pt of §2, §5; am L 2013, c 142, §§2(4), 3; am L 2014, c 124, §§1(3), 2; am L 2015, c 69, §§1(4), 2; am L 2016, c 59, §§1(3), 2; am L 2017, c 60, §§4, 5; am L 2019, c 163, §§5, 6; am L 2021, c 24, §6]