NY Pub Health L § 2958 (2021)
2021 New York Laws PBH - Public Health Article 29-A - Access to Community Health Care Services in Rural Areas Title 1 - Rural Health Care Access 2958 - Rural Health Care Access Development Program.

§ 2958. Rural health care access development program. 1. To the extent of  funds  available  therefor,  the  sum  of  ten million dollars shall annually be made available for  periods  prior  to  January  first,  two thousand  three,  and  up  to nine million three hundred twenty thousand dollars for  the  period  January  first,  two  thousand  three  through December  thirty-first,  two  thousand  three,  up to nine million three hundred twenty thousand  dollars  for  the  period  January  first,  two thousand  four  through  December thirty-first, two thousand four, up to twelve million eighty-eight thousand  dollars  for  the  period  January first,  two  thousand  five  through December thirty-first, two thousand five, up to twelve million eighty-eight thousand dollars for the  period January  first,  two  thousand  six  through  December thirty-first, two thousand  six,  up  to  eleven  million  eighty-eight  thousand  dollars annually  for  the  period  January  first,  two  thousand seven through December thirty-first, two thousand ten, up to two million seven hundred seventy-two thousand dollars for the period January first, two  thousand eleven  through  March  thirty-first,  two  thousand  eleven, and within amounts appropriated for each state  fiscal  year  on  and  after  April first,  two thousand eleven, shall be available to the commissioner from funds pursuant to section twenty-eight hundred seven-l of  this  chapter to  provide  assistance  to  general  hospitals  classified  as  a rural hospital for purposes of  determining  payment  for  inpatient  services provided  to beneficiaries of title XVIII of the federal social security act (Medicare) or under state regulations, in recognition of the  unique costs  incurred  by  these  facilities  to  provide hospital services in remote or sparsely populated areas pursuant to subdivision two  of  this section.   2. a. The commissioner shall provide assistance to all rural hospitals as  defined  in  this section by distributing all amounts made available pursuant to section twenty-eight hundred seven-l of this chapter.   b. For the purposes of this subdivision, the commissioner shall devise a distribution methodology that takes into account the  need  for  rural hospitals to improve operational efficiencies, reduce the duplication of services,  and  develop  affiliations  with  community based health care providers and  which  recognizes  whether  a  hospital  is  a  federally designated   sole  community  hospital,  rural  referral  center,  rural hospital, state designated rural hospital, or  a  hospital  that  is  at substantial  financial  risk  of  failure  and  whose  service  area  is threatened with reduced access to essential health services. In no event shall the size of the rural hospital be the sole contributing factor  in such distribution methodology. Such methodology shall provide assistance at  graduated  levels  from  highest  to  lowest, in accordance with the following criteria:  (i) The hospital shall be at substantial risk  of  financial  failure, using a combination of generally accepted standard measures of financial viability and which is:   A.  a federally designated sole community hospital or a rural referral center and  is  both  a  federally  designated  rural  hospital  and  is classified as a state rural hospital;   B.  a federally designated sole community hospital or a rural referral center and is a federally designated rural hospital;   C. both a federally designated rural hospital and is classified  as  a state  rural  hospital,  but is not a sole community hospital or a rural referral center;   D. either a federally designated rural hospital or is classified as  a state rural hospital; or   E.  the hospital is either a federally defined sole community hospital or rural referral center.  (ii) The hospital is a sole community hospital  or  a  rural  referral center  and  is  both  a  federally  designated  rural  hospital  and is classified as a state rural hospital;  (iii)  The  hospital  is a sole community hospital or a rural referral center and  is  a  federally  designated  rural  hospital,  but  is  not classified as a state rural hospital;  (iv) The hospital is both a federally designated rural hospital and is classified  as  a  state  rural  hospital  but  is  not a sole community hospital or a rural referral center;  (v) The hospital is either a federally designated rural hospital or is classified as a state rural hospital; or  (vi) The  hospital  is  either  a  federally  defined  sole  community hospital or a rural referral center.   c.  The commissioner may include in regulation a factor to enhance the distribution to those hospitals that have taken  actions  in  accordance with  the  goals  specified  in  paragraph  b  of this subdivision to be applied effective January first, two thousand one, except,  however,  in no  event  shall the distribution of the funds be delayed because of the development of the factor pursuant to this paragraph.   3. The commissioner shall cause reports to be prepared  and  submitted by  rural  hospitals  at such times and in such manner as are consistent with the purposes of this section.