(1) No later than January 1, 2026, the Director of Insurance shall establish a schedule for the collection of a tax of not to exceed six percent of the gross amount of non-medicare direct writing premiums written under a health maintenance organization certificate of authority pursuant to section 44-32,115, to the extent not preempted by federal law, during the current year for business done in the state. The director shall remit the tax paid under this section to the State Treasurer. The State Treasurer shall annually credit the entirety of the tax remitted to the Medicaid Access and Quality Fund.

(2) No later than August 1, 2025, the Department of Health and Human Services shall amend the medicaid state plan or file other federal authorizing documents necessary to receive federal financial participation for the Medicaid Access and Quality Act.

(3) The tax established by this section shall be effective January 1, 2026, and applies to premiums received during the current calendar year and each year thereafter.