(1) The department shall administer an outpatient upper payment limit program for private hospitals that supplements the reimbursement to private hospitals in accordance with Subsection (2).
(2) The division shall ensure that supplemental payment to Utah private hospitals under Subsection (1):
(a) does not exceed the positive upper payment limit gap; and
(b) is allocated based on the Medicaid state plan.
(3) The department shall use the same outpatient data to allocate the payments under Subsection (2) and to calculate the upper payment limit gap.
(4) The supplemental payments to private hospitals under Subsection (1) are payable for outpatient hospital services provided on or after the later of:
(a) July 1, 2016;
(b) the effective date of the Medicaid state plan amendment necessary to implement the payments under this section; or
(c) the effective date of the coverage provided through the health coverage improvement program waiver.