(a) There is established as a special fund the Hospital Provider Fee Fund ("Fund"), which shall be administered by the Department in accordance with subsections (c) and (d) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Fees collected under this subchapter; and
(2) Interest and penalties collected under this subchapter.
(c) Money in the Fund may only be used for the following purposes:
(1) Making Medicaid outpatient hospital access payments to hospitals as required under § 44-664.05, either directly or through payments to managed care organizations;
(2) Payment of administrative expenses incurred by the Department or its agent in performing the activities authorized by this subchapter in an amount not to exceed $150,000 annually; and
(3) Providing refunds to hospitals pursuant to § 44-664.04.
(d) Money in the Fund may not be used to replace money appropriated to the Medicaid program.
(e)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
For temporary (90-day) creation of this section, see § 5063 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).