§ 42-8-109 — Discontinuation of the assessment and quarterly adjustment payments

(a) The assessment imposed by this article shall be
discontinued if:
(i) The state plan amendment reflecting the quarterly
nursing care facility adjustment payments under W.S. 42-8-108 is
not approved by the federal centers for Medicare and Medicaid
services. The department may modify the rate adjustment
provisions as necessary to obtain the federal centers for
Medicare and Medicaid services approval if such changes do not
exceed the authority and purposes of this article;
(ii) The department reduces rates to a level less
than the rates effective on October 1, 2010 plus revenue
increases from the account, including matches by federal
financial participation;
(iii) The department or any other state agency
attempts to utilize the money in the account for any use other
than permitted by this article;
(iv) If federal financial participation to match
assessments under this article becomes unavailable under federal
law. In such case, the department shall terminate the
imposition of assessments beginning on the date the federal
statutory, regulatory or interpretive change takes effect.
(b) If collection of the assessment is discontinued as
provided in this section, quarterly adjustment payments shall be
discontinued and any amount in the account shall be returned to
the nursing care facility from which the assessment was
collected on the same basis as it was collected.