(a)
(1) There is imposed a provider fee on services provided through, or identical to those provided under, the Community and Employment Supports Services Waiver Program to be calculated in accordance with this section.
(2) The provider fee shall be an amount calculated by the Division of Medical Services to produce a provider fee payment equal to six percent (6%) of the gross receipts received by each provider.
(b)
(1)
(A) The provider fee shall be payable in monthly payments.
(B) Each monthly payment shall be due and payable for the previous month by the thirtieth day of each month.
(2) The division shall seek approval from the Centers for Medicare & Medicaid Services to treat the provider fee as an allowable cost for Medicaid reimbursement purposes.
(c) A provider of services under the Community and Employment Supports Services Waiver Program shall not be guaranteed, expressly or otherwise, that any additional moneys paid to the provider for services under the Community and Employment Supports Services Waiver Program will equal or exceed the amount of its provider fee.
(d)
(1) The division shall ensure that the rate of imposition of the provider fee established in this section equals, but does not exceed, the maximum rate of imposition established under federal law and rule for healthcare-related provider fees without reduction in federal financial participation in Medicaid.
(2) If the division determines that the rate of imposition of the provider fee established in this section exceeds the maximum rate of imposition that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid, the division shall lower the rate of imposition of the provider fee to a rate that is equal to the maximum rate that federal law and rule allow for healthcare-related provider fees without reduction in federal financial participation in Medicaid.