N.Y. STF Law § 97-X — New York Code / Act STF / Article 6 / Section 97-X
Statewide planning and research cooperative system; assessment of annual fees on general hospitals
Status: in_force

§ 97-x. Statewide planning and research cooperative system; assessment\nof annual fees on general hospitals. 1. Each general hospital shall be\nassessed an annual fee by the commissioner of health calculated on the\nbasis of its proportionate share of the sum of total costs reported by\nall general hospitals in the most recent calendar year for which\ncertified data are available. Such fee shall not exceed one-tenth of one\npercent of the total costs reported by such general hospital. Where\nrates of payment for general hospital services established pursuant to\nsection twenty-eight hundred seven-a of the public health law or\npursuant to section twenty-eight hundred seven-c of the public health\nlaw have not been adjusted to reflect the proportionate share of costs\nassociated with such annual fee, rates shall be so adjusted. The\ncommissioner of health shall promulgate regulations establishing a time\nschedule for payment of annual fees assessed on general hospitals. The\ncommissioner of health shall charge a user fee for the production of any\ndata to any person or organization, provided, however, that the\ncommissioner of health may waive such fee for the provision of reports,\nto be defined in regulation, to a general hospital or its designee as\napproved by the commissioner of health or third-party payor or health\nsystems agency to perform duties and functions provided for in\nsubdivision seven, excluding paragraph (s) of such subdivision, of\nsection twenty-nine hundred four-b of the public health law.\nNotwithstanding any inconsistent provisions of any general or special\nlaw, charges established pursuant to subdivision twelve of section\ntwenty-eight hundred seven-a of the public health law or pursuant to\nparagraph (c) of subdivision one of section twenty-eight hundred seven-c\nof the public health law shall be permitted to increase to reflect\nincreased costs resulting from the proportionate cost of the annual fees\nassessed pursuant to this subdivision.\n  2. The sum of annual fees collected from general hospitals and user\nfees shall be sufficient to provide all monies necessary to repay any\nmonies which may be appropriated to support the statewide planning and\nresearch cooperative system, established under section two thousand\neight hundred sixteen of the public health law, in the manner provided\nby law, provided, however, that such fees may be adjusted at any time in\nthe event that monies received exceed the appropriation. In the event\nthat monies available are not sufficient to fully make such repayments,\nthe commissioner of health shall, after notification and subsequent\nconsultation with the state hospital review and planning council and\nsubject to the approval of the director of the budget, modify, amend,\nalter or otherwise adjust the scope of the activities undertaken and/or\nthe manner in which the activities are undertaken, or to the extent\nallowed by law, after notification of and subsequent consultation with\nthe state hospital review and planning council and subject to the\napproval of the director of the budget, modify, amend, alter or\notherwise adjust the fees assessed on general hospitals, within the\npercent limitation set forth above, such that monies will be available\nto make all necessary repayments. Whenever an adjustment in the annual\nfee assessed on general hospitals is made, reimbursement rates shall\nalso be adjusted to reflect the increase or decrease in cost associated\nwith the annual fee.\n  3. The commissioner of health shall consult with the state hospital\nreview and planning council regarding the operation and continued\ndevelopment of the statewide planning and research cooperative system.\n  4. Notwithstanding any inconsistent provision of this section, general\nhospitals shall not be liable for payment of an allocable share of the\nannual fees applicable on or after January first, nineteen hundred\neighty-eight based on services provided to persons eligible for payments\nby state governmental agencies and rates of payment for state\ngovernmental agencies established pursuant to section twenty-eight\nhundred seven-c of the public health law shall not be adjusted to\nreflect costs associated with the annual fees, provided, however, solely\nfor purposes of the calculations pursuant to subdivision two of this\nsection annual fees collected from general hospitals shall be deemed to\ninclude the amount of the allocable share of such annual fees for which\nthe hospital is not liable for payment pursuant to this subdivision.\n