(

a) It is the intent of the Legislature to consider legislation requiring the director to seek approval to increase payments to hospitals in accordance with subdivision (

b) of

Section 14169.2, subdivision (

a) of

Section 14169.3, and subdivision (

c) of

Section 14169.5, and to adopt a corresponding increase in the fee imposed pursuant to

Article 5.229 (commencing with

Section 14169.31), consistent with federal law and regulations, if the director determines that the maximum available upper payment limits in subdivision (

b) of

Section 14169.2 or subdivision (

a) of

Section 14169.3, or the amount of federal financial participation for increased capitation payments to managed care health plans in subdivision (

c) of

Section 14169.5, have increased during the program period. (

b) It is the intent of the Legislature that the legislation described in subdivision (

a) shall do both of the following:

(1) Require the director to work in consultation with the hospital community in seeking any necessary approvals from the federal Centers for Medicare and Medicaid Services to increase payments to hospitals and to impose corresponding fee increases.

(2) Require that, in the event that the director determines that the maximum available upper payment limits in subdivision (

b) of

Section 14169.2 or subdivision (

a) of

Section 14169.3, or the amount of federal financial participation for increased capitation payments to managed care health plans in subdivision (

c) of

Section 14169.5, have increased during the program period, the increases shall first be made available for the purposes of this

section prior to being used for other purposes. (

c) Notwithstanding any other provision of this

article or

Article 5.229 (commencing with

Section 14169.31), failure to secure, or denial of, any necessary federal approvals required by the legislation described in subdivision (

a) shall not affect implementation of this

article or

Article 5.229 (commencing with

Section 14169.31).