36-2985. Enrollment cap; program termination;
spending limitation
A. If the director determines that monies may be insufficient for the program the
director shall immediately notify the governor, the president of the senate and the
speaker of the house of representatives. After consulting with the governor, the
administration shall stop processing new applications for the program until the
administration is able to verify that funding is sufficient to begin processing
applications and the governor agrees that the administration may begin processing
applications.
B. If the federal government eliminates federal funding for the program or
significantly reduces the federal funding below the estimated federal expenditures, the
administration shall immediately stop processing all applications and shall provide at
least thirty days' advance notice to contractors and members that the program will
terminate.
C. The total amount of state monies that may be spent in any fiscal year by the
administration for health care provided under this article shall not exceed the amount
appropriated or authorized by section 35-173.
D. This article does not impose a duty on an officer, agent or employee of this
state to discharge a responsibility or to create any right in a person or group if the
discharge or right would require an expenditure of state monies in excess of the
expenditure authorized by legislative appropriation for that specific purpose.
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