Effective July 1, 1976, the system for determining per diem rates of payment to long-term care facilities in the state of Connecticut shall be an individual cost-related prospective rate system derived from cost information provided by each facility in the annual report, required by the commissioner, for each cost year ending September 30 which precedes the rate year beginning July 1 of the succeeding year. The first cost reporting period for which this cost-related system shall be effective shall be October 1, 1974 through September 30, 1975, with the rate determined pursuant to this system to be effective for the period July 1, 1976 through June 30, 1977:
(a) In the event that the rate determined on the basis of the cost period October 1, 1974 through September 30, 1975 is less than the amount paid to a provider pursuant to the interim rate adopted by the committee on November 5, 1975 and re-enacted on August 17, 1976, no retroactive adjustment shall be made in favor of the state so as to require a repayment by a provider for the period prior to April 1, 1977.(b) In the event that the rate determined on the basis of the cost period October 1, 1974 through September 30, 1975 exceeds the amount paid to a provider pursuant to the interim rate adopted by the committee on November 5, 1975 and re-enacted on August 17, 1976, the commissioner shall make a retroactive adjustment in favor of the provider and shall make payments to the provider from July 1, 1976 to the date of the determination of the new rate pursuant to this system. Conn. Agencies Regs. § 17-311-51