A State may not claw back payments consistent with the old rule
What the document says“A State shall not recoup any payment adjustment made by the State to a hospital for a Medicaid State plan rate year described in subparagraph (A) if such payment adjustment is consistent with section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as in effect on October 1, 2021.”
Subparagraph (B) bars a State from recouping a payment adjustment made to a hospital for one of those prior rate years, if the adjustment was consistent with section 1923(g) of the Social Security Act as in effect on October 1, 2021.
What the document actually says“A State shall not recoup any payment adjustment made by the State to a hospital for a Medicaid State plan rate year described in subparagraph (A) if such payment adjustment is consistent with section 1923(g) of such Act (42 U.S.C. 1396r-4(g)) as in effect on October 1, 2021.”
A state may not take back money it paid a hospital for one of those years. That holds if the payment fit the rule as it stood on October 1, 2021.
To recoup is to take money back after paying it. A hospital that followed the old rule keeps what it got.
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