(a) The Division of Medical Services of the Department of Human Services shall file with the Centers for Medicare & Medicaid Services a state plan amendment to implement the requirements of this subchapter, including the payment of hospital access payments under § 20-77-1908, no later than forty-five (45) days after March 24, 2009.
(b) If the state plan amendment is not approved by the Centers for Medicare & Medicaid Services, the division shall:
(1) Not implement the assessment imposed under § 20-77-1902; and
(2) Return any assessment fees to the hospitals that paid the fees if assessment fees have been collected.