Ch. 206                            MARVIN MANDEL, Governor                                  399

matching at Maryland's applicable
federal matching rate for Title XIX
for those eligible services under Title
XIX. If as a result of fee schedules,
items of cost or profit factors various
costs of services or portions of services
are declared ineligible, by the United
States Department of Health,
Education and Welfare or any other
interested federal agency having
jurisdiction             over             federal

reimbursement for services, for federal
matching funds, under Title XIX, then
the fee schedules, items of cost or
profit factors appropriated herein will
be immediately modified to conform
to the federal requirements in order to
receive federal matching funds. Any
modification of fee schedules, items of
cost or profit factors for services
provided to those federal matched
categories of recipients will be
applicable also to categories of
recipients not matched by federal
funds. Notwithstanding any language
to the contrary, the modifications in
fee schedules, items of cost or profit
factors shall be made immediately
upon notification of the United States
Department of Health, Education and
Welfare's objection resulting in the
intention to eliminate all or a portion
of federal reimbursement. All fee
schedules, items of cost or profit
factors not established by the General
Assembly in the appropriation shall
have approval of the Governor prior
to implementation. Nothing in this
section requires reimbursement to the
State of Maryland by vendors because
of past payments based upon
allowable fee schedules, items of cost
or profit factors established by the
General Assembly for actual services
rendered prior to the effective date of
notification of any modification in the
fee schedules, items of cost or profit
factors. Payments under the Medical
Assistance Program will be adjusted
immediately upon establishment of
modified fee schedules, items of cost
or profit factors for those services not
previously reimbursed irrespective of
the date the services were rendered,
provided, however, that the payment
will be made based upon the lesser of
the modified fee schedules, items of