Pennsylvania Statutes Title 62 P.S. Poor Persons and Public Welfare § 813-A. Repayment

No nursing facility shall be directly guaranteed a repayment of its assessment in derogation of 42 CFR 433.68(f) (relating to permissible health care-related taxes): Provided, however, That in each fiscal year in which an assessment is implemented, the department shall use the State revenue collected from the assessment and any Federal funds received by the Commonwealth as a direct result of the assessments to make program payments through fee-for-service or managed care to medical assistance nursing facility providers to the extent permissible under Federal and State law or regulation and without creating an indirect guarantee to hold harmless, as those terms are used in 42 CFR 433.68(f). If the department implements an assessment on county nursing facilities, the department shall allocate assessment revenues available to make program payments through fee-for-service or managed care to both county and non county nursing facilities in a manner that is consistent with Federal law and without creating a direct or an indirect guarantee to hold any nursing facility harmless. The secretary shall submit any Title XIX State Plan amendments to the United States Department of Health and Human Services that are necessary to make the payments.