Exemption.

A health care facility with more than ninety thousand annual medicaid-financed bed days may claim an exemption in an amount equal to sixty-five percent of the health care quality surcharge due in a reporting period. The percentage and annual medicaid- financed bed days threshold may be modified by rule promulgated by the human services department [health care authority department], if necessary, for approval of the surcharge program by the federal centers for medicare and medicaid services.