KRS 142.316: Tax on gross revenues of Medicaid managed care organization services.

(1) A tax shall be imposed on Medicaid managed care organization services at a

uniform rate of up to five and one -half percent (5.5%) on gross revenues received

by each provider after July 1, 2005, for the provision of Medicaid managed care

organization services.

(2) The Department for Medicaid Services shall promulgate administrative regulations

to ensure that a portion of the revenues generated from the assessment levied under

this section and federal matching funds shall be used for rate increases for Medicaid

managed-care-organization services to recognize cost increases, including current

wage and benefit levels in the industry.

(3) No Medicaid managed care organization shall be guaranteed a repayment of its

assessment in respect to 42 CFR 433.68, provided, however, in each fiscal year in

which an assessment is implemented, the Department for Medicaid Services shall

use the assessment proceeds to maintain actuarially sound rates as defined in the

contract for the Medicaid managed care organizations to the ex tent permissible

under federal and state law or regulation and without creating a guarantee to hold

harmless, as those terms are used in 42 CFR 433.68 related to permissible health

care-related taxes after the transition period.

(4) The remaining revenue generated from the assessment levied under this section and

federal matching funds shall be used to supplement the medical assistance related

general fund appropriations of the Department for Medicaid Services.

(5) On or before July 1, 2005, the Cabinet for Health and Family Services, Department

for Medicaid Services, shall submit an application to the Centers for Medicare and

Medicaid Services to request any necessary waiver pursuant to 42 C.F.R. secs.

433.56 and 433.68.

(6) If an application to the Centers for Medicare and Medicaid Services for a waiver is

denied, the Department for Medicaid Services may resubmit the application with

appropriate changes to receive an approved waiver.

(7) The assessment imposed pursuant to this section shall begin on July 1, 2005, but is

not due and payable until rates are increased pursuant to this provision.

(8) The provisions of this section shall be null and void if the waiver or plan

amendment to increase rates is not approved by the Centers for Medicare and

Medicaid Services.

(9) If the assessment provided for in this section is disallowed by the Centers for

Medicare and Medicaid Services, all collections under this section shall cease.