N.Y. MHY Law § 36.05 — New York Code / Act MHY / Title E / Article 36 / Section 36.05
Certified community behavioral health clinics indigent care program
Status: in_force

§ 36.05 Certified community behavioral health clinics indigent care\n            program.\n  (a) (1) For periods on and after July first, two thousand\ntwenty-three, the commissioners are authorized to make payment to\neligible certified community behavioral health clinics, to the extent of\nfunds appropriated therefor to assist in meeting losses resulting from\nuncompensated care.  In the event federal financial participation is not\navailable for such payments to eligible certified community behavioral\nhealth clinics, payments shall be made solely on the basis of available\nstate general fund appropriations for this purpose in amounts to be\ndetermined by the director of the division of the budget.\n  (2) For purposes of this section, "eligible certified community\nbehavioral health clinics" shall mean voluntary non-profit certified\ncommunity behavioral health clinics participating in the federal\ncertified community behavioral health clinic demonstration awarded to\nthe state by the United States department of health and human services\nsubstance abuse and mental health services administration and other\ncertified community behavioral health clinics certified pursuant to\nsection 36.04 of this article, which demonstrate that a minimum of three\npercent of total visits reported during the applicable base year period,\nas determined by the commissioners, were to uninsured individuals.\n  (3) For purposes of this section, "losses resulting from uncompensated\ncare" shall mean losses from reported self-pay and free visits\nmultiplied by the clinic's medical assistance payment rate for the\napplicable distribution year, offset by payments received from such\npatients during the reporting period.\n  (b) A certified community behavioral health clinic qualifying for a\ndistribution pursuant to this section shall provide assurances\nsatisfactory to the commissioners that it shall undertake reasonable\nefforts to maintain financial support from community and public funding\nsources and reasonable efforts to collect payments for services from\nthird-party insurance payors, governmental payors and self-paying\npatients.\n  (c) (1) Funding pursuant to this section shall be allocated to\neligible certified community behavioral health clinics based on actual,\nreported losses resulting from uncompensated care in a given base year\nperiod and shall not exceed one hundred percent of an eligible clinic's\nlosses in the same period.\n  (2) If the sum of actual, reported losses resulting from uncompensated\ncare for all certified community behavioral health clinics exceeds the\namount appropriated therefor in a given base year period, allocations of\nfunds for each eligible certified community behavioral health clinic\nshall be assessed proportionately based upon the percentage of the total\nnumber of uncompensated care visits for all clinics that each clinic\nprovided during the base year and shall not exceed amounts appropriated\nin the aggregate.\n  (d) Except as provided in subdivision (e) of this section, for periods\non and after July first, two thousand twenty-three through June\nthirtieth, two thousand twenty-six, funds shall be made available for\npayments pursuant to this section for eligible certified community\nbehavioral health clinics for the following periods in the following\naggregate amounts:\n  (1) For the period of July first, two thousand twenty-three through\nJune thirtieth, two thousand twenty-four, up to twenty-two million five\nhundred thousand dollars;\n  (2) For the period of July first, two thousand twenty-four through\nJune thirtieth, two thousand twenty-five, up to forty-one million two\nhundred fifty thousand dollars; and\n  (3) For the period of July first, two thousand twenty-five through\nJune thirtieth, two thousand twenty-six, up to forty-five million\ndollars.\n  (e) In the event that federal financial participation is not available\nfor rate adjustments pursuant to this section, funds available for\npayments pursuant to this section for each eligible certified community\nbehavioral health clinic shall be limited to the non-federal share\nequivalent of the amounts specified in subdivision (d) of this section.\n  (f) Eligible certified community behavioral health clinics receiving\nfunding under this section shall not be eligible for comprehensive\ndiagnostic and treatment centers indigent care program funding pursuant\nto section two thousand eight hundred seven-p of the public health law.\n  (g) The commissioners may require facilities receiving distributions\npursuant to this section as a condition of participating in such\ndistributions, to provide reports and data to the office of mental\nhealth and the office of addiction services and supports as the\ncommissioners deem necessary to adequately implement the provisions of\nthis section.\n