Section 802-I - AuthorizationThe department shall implement an assessment on each managed care organization operating in this Commonwealth, subject to the following conditions and requirements:
(1) The assessment shall be implemented as a health care-related fee as defined in section 1903(w)(3)(B) of the Social Security Act ( 42 U.S.C. § 1396b(w)(3)(B) ), or any amendments thereto, and may be imposed and is required to be paid only to the extent that the revenues generated from the assessment qualify as the State share of program expenditures eligible for Federal financial participation.(2) A managed care organization shall report the total assessment amount owed on forms and in accordance with instructions prescribed by the department.(3) A managed care organization shall remit the total assessment amount due by the due date specified by the department.(4) In the event that the department determines that a managed care organization has failed to pay an assessment or that it has underpaid an assessment, the department shall notify the managed care organization in writing of the amount due, including interest, and the date on which the amount due must be paid. The date the amount is due shall not be less than 30 days from the date of the notice.(5) In the event that the department determines that a managed care organization has overpaid an assessment, the department shall notify the managed care organization in writing of the overpayment, and within 30 days of the date of the notice of the overpayment, the managed care organization shall advise the department to either authorize a refund of the amount of the overpayment or offset the amount of the overpayment against any amount that may be owed to the department by the managed care organization.(6) An assessment implemented under this article, and any instructions, forms or reports issued by the department and required to be completed by a managed care organization under this article shall not be subject to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. Added by P.L. TBD 2015 No. 92, § 15, eff. 7/1/2016.