Sec. DD-3. Failure to make timely payment of assessment.

1. Collection. If any hospital fails to make timely payment of any portion of an assessment, action is authorized to be taken to collect any outstanding assessments consistent with the laws of the State.

2. Collection by Department of Human Services. If any portion of a hospital's assessment is more than 30 days past due, upon 10 days' written notice to the hospital, the Department of Human Services may:

A. Withhold the outstanding amount and any penalties or fines from the hospital's Medicaid payments; or

B. Suspend or withdraw the hospital's Medicaid registration.

3. Change of ownership. Regardless of changes in control or ownership of any hospital, the Department of Human Services may recover from a hospital any outstanding assessments and may take any of the actions described in subsection 2 against a hospital for any outstanding assessments under this Part.

Sec. DD-4. Rules.

The Department of Human Services shall adopt any rules not inconsistent with state law and fiscal procedures necessary for the proper administration of this Part and to carry out the provisions, policies and purposes of this Part. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

PART EE

Sec. EE-1. Nursing home assessment. In addition to all other fees and taxes now required or paid, each nursing home licensed under the Maine Revised Statutes, Title 22, chapter 405, referred to in this Part as "nursing home," is subject to an annual assessment equal to 6% of annual net operating revenue attributable to the provision of nursing facility services, excluding any grants, donations or research funding.