Sec 36-2922. Medical services stabilization fund; definition

A. Subject to the availability of monies as prescribed in section 36-2921, the medical services stabilization fund is established. The administration shall administer the fund as directed by the joint legislative budget committee pursuant to subsection E of this section.

B. The fund shall be used only to offset increases in the cost of providing levels of services established pursuant to this article.

C. Notwithstanding chapter 6, article 8 of this title, the fund may also be used to offset increases in the cost of providing levels of services established pursuant to this article to persons eligible for those services pursuant to section 36-2901, paragraph 6, subdivision (a) if the increase results from a decrease in federal funding for levels of service including a decrease in the federal match rate for levels of service provided to persons eligible pursuant to section 36-2901, paragraph 6, subdivision (a).

D. If, during a fiscal year, the administration determines that the amount the legislature appropriated for that fiscal year for services provided to persons who are determined to be eligible for services pursuant to section 36-2901, paragraph 6, subdivision (a) is insufficient to pay for unanticipated increases in the cost of providing those services, the administration shall provide written notice of the deficiency to the chairperson of the joint legislative budget committee and the director of the governor's office of strategic planning and budgeting with evidence supporting the determination of deficiency.

E. On receiving notice under subsection D of this section, the chairperson of the joint legislative budget committee shall call a public committee meeting to review the evidence of the deficiency presented by the administration. After reviewing the evidence, the committee may recommend to the administration to withdraw an amount from the fund that is equal to the deficiency to pay the increases in the cost of providing levels of service.

F. For the purposes of this section "levels of service" means the provider payment methodology, eligibility criteria and covered services established pursuant to this article and in effect on July 1, 1993.