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allocation amount calculated in (C) of this paragraph;
(L) each disproportionate share payment for the DET DSH, DES DSH, SPEP DSH, CMC DSH, ICHC DSH, RHCA DSH, MHCA DSH, and SATP DSH classifications will be based on the number of encounters to be performed by the qualifying hospital for that classification, as calculated in (D) — (I) and (M) and (N) of this paragraph;
(M) the department may allocate to the MHCA DSH classification from zero to 35 percent of the remaining disproportionate share allotment after deducting the allocation under (A) — (F) of this paragraph;
(N) the department may allocate to the SATP DSH classification from zero to 15 percent of the remaining disproportionate share allotment after deducting the allocation under (A) — (F) of this paragraph;
(O) the department may allocate a percentage greater than the maximum percentage in (D) — (I) and (M) and (N) of this paragraph only if the combined allocation under (D) — (I) and (M) and (N) of this paragraph does not exceed 100 percent of the remaining disproportionate share allotment after deducting the allocation under (A) — (D) of this paragraph and the department determines that the final allocation among all classifications will promote the availability of efficient and economic access to health care services; in making that determination, the department will consider these factors:
(i) the distribution of medical services and resources in the communities of the state;
(ii) the availability of health services to the general population in the same geographic area. (f) The department will make to each qualifying hospital within the MIU DSH classification and to each qualifying hospital within the LI DSH classification a minimum payment of $10,000 per payment period and per classification, subject to the facility-specific limit calculated under (e)(3) of this section, the federal IMD disproportionate share cap in effect for the next federal fiscal year, and the amount of appropriations from the legislature. During a payment period, the department will not make total annual disproportionate share payments that exceed the total amount allowed under the state’s federal disproportionate share allotment for the applicable federal fiscal years. An eligible hospital choosing to participate must notify the department of the hospital’s choice to participate in writing before the qualification date of the hospital’s choice to participate and include one or more DSH classifications for which the hospital chooses to participate. The department’s determination regarding participation by an eligible hospital is contingent upon the hospital’s submission of a certified log of uninsured care for the qualifying year and a departmental determination that the hospital’s facility-specific limit permits the receipt of DSH payments. The department’s determination under this subsection is the department’s final administrative action, unless a request for reconsideration is filed
(1) under (g) of this section, regarding whether a hospital is a qualifying hospital; or
(2) under (h) of this section, regarding the amount of a qualifying hospital’s