NY Pub Health L § 2807-P (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 2807-P - Comprehensive Diagnostic and Treatment Centers Indigent Care Program.

§ 2807-p. Comprehensive diagnostic and treatment centers indigent care program. 1. (a) For periods prior to July first, two thousand three, and on  and  after  July  first,  two  thousand  five  the  commissioner  is authorized  to  make  payments  to  eligible  diagnostic  and  treatment centers,  to  the  extent of funds available therefor, up to forty-eight million dollars annually, to assist in  meeting  losses  resulting  from uncompensated  care.  The  amount  of  funds available for such payments pursuant to subdivision  four  of  this  section  shall  be  the  amount remaining after the allocation provided in section seven of chapter four hundred  thirty-three  of  the  laws of nineteen hundred ninety-seven as amended by section seventy-five of chapter one of the laws  of  nineteen hundred ninety-nine.  (b)  For  periods on and after July first, two thousand three, through June thirtieth, two thousand five, the commissioner  shall,  subject  to the  availability  of  federal  financial  participation, adjust medical assistance rates of payment to assist in meeting losses  resulting  from uncompensated  care,  provided,  however, in the event federal financial participation is  not  available,  the  commissioner  is  authorized  to continue  to make payments to eligible diagnostic and treatment centers, to the extent of funds available therefor, in accordance with provisions of  paragraph  (a)  of  this  subdivision  and  without  regard  to  the provisions of subdivisions four-a and four-b of this section.  (c)  Notwithstanding  paragraph  (a)  of this subdivision, subdivision four-c of this section or  any  other  inconsistent  provision  of  this section,  distributions made pursuant to this section for annual periods on and after July first, two thousand nine shall be subject to a uniform reduction of two percent.  (d) The commissioner may require  facilities  receiving  distributions pursuant  to  this  section  as  a  condition  of  participating in such distributions, to provide reports and data  to  the  department  as  the commissioner  deems  necessary to adequately implement the provisions of this section.   2. Definitions. (a) "Eligible diagnostic and treatment  centers",  for purposes  of  this section, shall mean voluntary non-profit and publicly sponsored diagnostic and treatment  centers  providing  a  comprehensive range  of primary health care services which can demonstrate losses from disproportionate share of uncompensated care during a  base  period  two years  prior to the grant period; provided that for periods on and after January first, two thousand four an eligible  diagnostic  and  treatment center  shall  not  include  any  voluntary  non-profit  diagnostic  and treatment center controlling, controlled by or under common control with a health maintenance organization, as  defined  by  subdivision  one  of section  forty-four  hundred  one of this chapter; provided further that for purposes of this section, a health  maintenance  organization  shall not  include a prepaid health services plan licensed pursuant to section forty-four hundred three-a of this chapter. For  periods  on  and  after July  first,  two  thousand  three, the base period and the grant period shall be the calendar year.  (b) "Uncompensated care need", for purposes  of  this  section,  means losses  from  reported  self-pay  and  free  visits  multiplied  by  the facility's  medical  assistance  payment   rate   for   the   applicable distribution year, offset by payments received from such patients during the reporting period.   3.  (a) During the period January first, nineteen hundred ninety-seven through September thirtieth, nineteen hundred ninety-seven and for  each fiscal  year  period  commencing  on  October  first  thereafter through December thirty-first, nineteen hundred ninety-nine and for  periods  on and  after January first, two thousand, diagnostic and treatment centers  shall be eligible for allocations  of  funds  or  for  rate  adjustments determined  in  accordance with this section to reflect the needs of the diagnostic and treatment center for the financing  of  losses  resulting from uncompensated care.  (b) A diagnostic and treatment center qualifying for a distribution or a  rate  adjustment  pursuant  to  this section shall provide assurances satisfactory to the commissioner  that  it  shall  undertake  reasonable efforts  to maintain financial support from community and public funding sources and reasonable efforts to collect  payments  for  services  from third-party   insurance  payors,  governmental  payors  and  self-paying patients.  (c) To be eligible for an allocation of funds  or  a  rate  adjustment pursuant to this section, a diagnostic and treatment center must provide a   comprehensive  range  of  primary  health  care  services  and  must demonstrate that a minimum  of  five  percent  of  total  clinic  visits reported  during  the  applicable  base  year  period  were to uninsured individuals. The commissioner may retrospectively reduce the allocations of funds or the rate adjustments to a diagnostic and treatment center if it is determined that provider  management  actions  or  decisions  have caused  a  significant reduction for the grant period in the delivery of comprehensive  primary  health  care  services  to  uncompensated   care residents of the community.   4.  (a)  (i) The total amount of funds to be allocated and distributed for uncompensated care to eligible voluntary non-profit  diagnostic  and treatment  centers  for  a  distribution period prior to July first, two thousand three, and on and after July first, two thousand  five  through December  thirty-first,  two  thousand  six,  in  accordance  with  this subdivision shall be  limited  to  thirty-three  percent  of  the  funds available  therefor pursuant to paragraph (a) of subdivision one of this section and, for the period January first, two  thousand  seven  through December  thirty-first,  two thousand seven, such distributions shall be limited to sixteen and one-half percent of the funds available therefor.  (ii) The total amount of funds to be  allocated  and  distributed  for uncompensated   care  to  eligible  publicly  sponsored  diagnostic  and treatment centers for a grant period prior to July first,  two  thousand three,  and  on and after July first, two thousand five through December thirty-first, two thousand six,  in  accordance  with  this  subdivision shall  be  limited  to  sixty-seven  percent of funds available therefor pursuant to paragraph (a) of subdivision one of this  section  and,  for the   period   January   first,  two  thousand  seven  through  December thirty-first, two thousand seven, such distributions shall be limited to thirty-three and one-half  percent  of  the  funds  available  therefor; provided,  however,  that  for periods up through December thirty-first, two thousand seven, forty-one percent of the amount of  funds  allocated for distribution to eligible publicly sponsored diagnostic and treatment centers  shall  be available for clinics operating under the auspices of the New York city health and hospitals  corporation  as  established  by chapter  one thousand sixteen of the laws of nineteen hundred sixty-nine as amended.  (iii)  (A)  Notwithstanding  any  inconsistent   provision   of   this paragraph,  for  the period January first, nineteen hundred ninety-seven through December thirty-first,  nineteen  hundred  ninety-nine  and  for periods  on  and  after  January  first,  two  thousand through December thirty-first, two thousand two, and for periods  on  and  after  January first,  two  thousand  four  through December thirty-first, two thousand seven,  in  the  event  that  federal  financial  participation  is  not available  for rate adjustments pursuant to this section, diagnostic and treatment centers which received an allowance pursuant to paragraph  (f)  of subdivision two of section twenty-eight hundred seven of this article for   the   period   through  December  thirty-first,  nineteen  hundred ninety-six shall  receive  an  annual  uncompensated  care  distribution allocation  of  funds  of  not less than the amount that would have been received for any losses associated with the delivery  of  bad  debt  and charity  care  for  nineteen  hundred  ninety-five had the provisions of paragraph (f) of subdivision two of section twenty-eight  hundred  seven of  this  article  remained  in  effect, provided, however, that for the period January first, two thousand seven through December  thirty-first, two  thousand  seven,  the  dollar  value  of  the  application  of  the provisions of this subparagraph for any such  diagnostic  and  treatment center shall be reduced by fifty percent.  (B)  For  the  period  January  first, two thousand three through June thirtieth, two thousand three,  and  for  the  period  July  first,  two thousand  three through December thirty-first, two thousand three and in the event that federal financial participation is not available for rate adjustments pursuant to this section, each such diagnostic and treatment center shall receive an uncompensated care  distribution  allocation  of funds of not less than one-half the amount calculated pursuant to clause (A) of this subparagraph.  (b)  (i)  A  nominal  payment  amount  for  the  financing  of  losses associated with the delivery of uncompensated care will  be  established for  each  eligible diagnostic and treatment center. The nominal payment amount shall be calculated as the sum of the dollars attributable to the application of an incrementally increasing nominal  coverage  percentage of base year period losses associated with the delivery of uncompensated care  for  percentage  increases  in  the relationship between base year period eligible uninsured care clinic visits and base year period  total clinic visits according to the following scale:    % of eligible bad debt and charity care      % of nominal financial         clinic visits to total visits               loss coverage                 up to 15%                                50%                  15 - 30%                                75%                       30%+                              100%  (ii)  For  periods  prior to January first, two thousand eight, if the sum of the nominal payment amounts for all eligible voluntary non-profit diagnostic and treatment centers or for all eligible  public  diagnostic and treatment centers or for all clinics operating under the auspices of the  New  York  city  health  and hospitals corporation is less than the amount allocated for uncompensated care allowances pursuant to paragraph (a) of this  subdivision  for  such  diagnostic  and  treatment  centers respectively,  the  nominal  coverage  percentages  of  base year period losses associated with the delivery of uncompensated  care  pursuant  to this  scale  may  be  increased to not more than one hundred percent for voluntary non-profit diagnostic and  treatment  centers  or  for  public diagnostic  and treatment centers or for all clinics operating under the auspices of the New  York  city  health  and  hospitals  corporation  in accordance  with  rules  and  regulations  adopted  by  the  council and approved by the commissioner.  (c) For periods prior  to  January  first,  two  thousand  eight,  the uncompensated  care  allocations  of  funds  for each eligible voluntary non-profit diagnostic and treatment center, as  computed  in  accordance with  paragraph  (a)  of  this subdivision, shall be based on the dollar value  of  the  result  of  the  ratio  of  total  funds  allocated  for distributions  for voluntary non-profit diagnostic and treatment centers pursuant to paragraph (a) of this subdivision  to  the  total  statewide  nominal payment amounts for all eligible voluntary non-profit diagnostic and  treatment  centers  determined  in accordance with paragraph (b) of this subdivision applied to the nominal payment  amount  for  each  such diagnostic and treatment center.  (d)  For  periods  prior  to  January  first,  two thousand eight, the uncompensated  care  allocations  of  funds  for  each  eligible  public diagnostic  and treatment center, other than clinics operating under the auspices of the New York city health and hospitals  corporation  and  as computed  in accordance with paragraph (a) of this subdivision, shall be based on the dollar value of the result of  the  ratio  of  total  funds allocated for distributions for public diagnostic and treatment centers, other  than  clinics  operating  under the auspices of the New York city health and hospitals corporation, pursuant  to  paragraph  (a)  of  this subdivision  to  the  total  statewide  nominal  payment amounts for all eligible public diagnostic and treatment  centers,  other  than  clinics operating  under  the auspices of the New York city health and hospitals corporation,  determined  in  accordance  with  paragraph  (b)  of  this subdivision  applied  to  the  nominal  payment  amount  for  each  such diagnostic and treatment center.  (e) For periods prior  to  January  first,  two  thousand  eight,  the uncompensated  care  grant allocations of funds for each eligible public diagnostic and treatment center operating under the auspices of the  New York  city  health  and hospitals corporation, as computed in accordance with paragraph (a) of this subdivision, shall be  based  on  the  dollar value  of  the  result  of  the  ratio  of  total  funds  allocated  for distributions for public  diagnostic  and  treatment  centers  operating under the auspices of the New York city health and hospitals corporation pursuant  to  paragraph  (a)  of this subdivision to the total statewide nominal payment amounts for all eligible public diagnostic and treatment centers operating under the auspices of the New  York  city  health  and hospitals  corporation  determined  in  accordance with paragraph (b) of this subdivision applied to the nominal payment  amount  for  each  such diagnostic and treatment center.  (f)  For  periods  prior  to  January  first,  two thousand eight, any residual amount  allocated  for  distribution  to  a  classification  of diagnostic  and  treatment  centers  in accordance with this subdivision shall be reallocated by the commissioner for distributions to the  other classifications based on remaining need.  (g)  For  periods  on and after January first, two thousand seven, the uncompensated care allocations of funds for each eligible diagnostic and treatment center, other than allocations  made  pursuant  to  paragraphs (c),  (d),  (e) or (f) of this subdivision, shall be based on the dollar value  of  the  result  of  the  ratio  of  total  funds  allocated  for distributions  for  all eligible diagnostic and treatment centers to the total statewide nominal payment amounts for all eligible diagnostic  and treatment  centers  determined  in accordance with paragraph (b) of this subdivision  applied  to  the  nominal  payment  amount  for  each  such diagnostic and treatment center.   4-a.  (a)(i)  For periods on and after July first, two thousand three, through June thirtieth, two thousand five, funds shall be made available for adjustments to rates of payments made pursuant to paragraph  (b)  of subdivision  one  of  this  section  for  eligible  voluntary non-profit diagnostic and treatment centers in accordance with  subparagraphs  (ii) and  (iii) of this paragraph, for the following periods in the following aggregate amounts:  (A) For the period July first, two  thousand  three  through  December thirty-first,  two  thousand  three,  up  to  seven million five hundred thousand dollars;  (B) For the period January first, two thousand four  through  December thirty-first, two thousand four, up to fifteen million dollars;  (C)  For  the  period  January  first,  two thousand five through June thirtieth, two thousand five, up to seven million five hundred  thousand dollars.  (ii)  A  nominal payment amount for the financing of losses associated with the delivery of uncompensated care will  be  established  for  each eligible  diagnostic  and  treatment  center. The nominal payment amount shall be calculated as the  sum  of  the  dollars  attributable  to  the application  of  an incrementally increasing nominal coverage percentage of base year period losses associated with the delivery of uncompensated care for percentage increases in  the  relationship  between  base  year period  eligible uninsured care clinic visits and base year period total clinic visits according to the following scale:    % of eligible bad debt and charity care      % of nominal financial         clinic visits to total visits               loss coverage                 up to 15%                                50%                  15 - 30%                                75%                       30%+                              100%  (iii) The  uncompensated  care  rate  adjustments  for  each  eligible voluntary  non-profit  diagnostic and treatment center shall be based on the dollar value of the result of the ratio of total funds allocated for distributions for voluntary non-profit diagnostic and treatment  centers pursuant  to  subparagraph (i) of this paragraph, to the total statewide nominal payment amounts for all eligible voluntary non-profit diagnostic and treatment centers determined in accordance with subparagraph (ii) of this paragraph applied to the  nominal  payment  amount  for  each  such diagnostic and treatment center.  (b)(i) For periods on and after July first, two thousand three through June  thirtieth,  two  thousand  five, funds shall be made available for adjustments to rates of payments  made  pursuant  to  paragraph  (b)  of subdivision  one  of  this  section  for  eligible public diagnostic and treatment centers, other than clinics operated under the auspices of the New York city health  and  hospitals  corporation,  in  accordance  with subparagraphs  (ii)  and  (iii)  of  this  paragraph,  for the following periods in the following aggregate amounts:  (A) For the period July first, two  thousand  three  through  December thirty-first, two thousand three, up to nine million dollars;  (B)  For  the period January first, two thousand four through December thirty-first, two thousand four, up to eighteen million dollars;  (C) For the period January  first,  two  thousand  five  through  June thirtieth, two thousand five, up to nine million dollars.  (ii)  A  nominal payment amount for the financing of losses associated with the delivery of uncompensated care will  be  established  for  each eligible  diagnostic  and  treatment  center. The nominal payment amount shall be calculated as the  sum  of  the  dollars  attributable  to  the application  of  an incrementally increasing nominal coverage percentage of base year period losses associated with the delivery of uncompensated care for percentage increases in  the  relationship  between  base  year period  eligible uninsured care clinic visits and base year period total clinic visits according to the following scale:    % of eligible bad debt and charity care      % of nominal financial         clinic visits to total visits               loss coverage                 up to 15%                                50%                  15 - 30%                                75%                        30%+                              100%  (iii) The uncompensated care rate adjustments for each eligible public diagnostic  and treatment center, other than clinics operating under the auspices of the New York city health and hospitals corporation, shall be based on the dollar value of the result of  the  ratio  of  total  funds allocated for distributions for public diagnostic and treatment centers, other  than  clinics  operating  under the auspices of the New York city health and hospitals corporation, pursuant to subparagraph (i)  of  this paragraph  to  the  total  statewide  nominal  payment  amounts  for all eligible public diagnostic and treatment  centers,  other  than  clinics operating  under  the auspices of the New York city health and hospitals corporation, determined in accordance with  subparagraph  (ii)  of  this paragraph applied to the nominal payment amount for each such diagnostic and treatment center.  (c)(i)  For  periods  on  and  after  July  first, two thousand three, through June thirtieth, two thousand five, funds shall be made available for adjustments to rates of payments made pursuant to paragraph  (b)  of subdivision  one  of  this  section  for  eligible public diagnostic and treatment centers operating under the auspices  of  the  New  York  city health  and hospitals corporation, in accordance with subparagraphs (ii) and (iii) of this paragraph, for the following periods in the  following aggregate amounts:  (A)  For  the  period  July first, two thousand three through December thirty-first, two thousand three, up to six million dollars;  (B) For the period January first, two thousand four  through  December thirty-first, two thousand four, up to twelve million dollars;  (C)  For  the  period  January  first,  two thousand five through June thirtieth, two thousand five, up to six million dollars.  (ii) A nominal payment amount for the financing of  losses  associated with  the  delivery  of  uncompensated care will be established for each eligible diagnostic and treatment center.  The  nominal  payment  amount shall  be  calculated  as  the  sum  of  the dollars attributable to the application of an incrementally increasing nominal  coverage  percentage of base year period losses associated with the delivery of uncompensated care  for  percentage  increases  in  the relationship between base year period eligible uninsured care clinic visits and base year period  total clinic visits according to the following scale:    % of eligible bad debt and charity care      % of nominal financial         clinic visits to total visits               loss coverage                 up to 15%                                50%                  15 - 30%                                75%                       30%+                              100%  (iii) The uncompensated care rate adjustment, for each eligible public diagnostic  and treatment center operating under the auspices of the New York city health and hospitals corporation shall be based on the  dollar value  of  the  result  of  the  ratio  of  total  funds  allocated  for distributions for public  diagnostic  and  treatment  centers  operating under the auspices of the New York city health and hospitals corporation pursuant  to  subparagraph  (i) of this paragraph to the total statewide nominal payment amounts for all eligible public diagnostic and treatment centers operating under the auspices of the New  York  city  health  and hospitals corporation determined in accordance with subparagraph (ii) of this  paragraph  applied  to  the  nominal  payment amount for each such diagnostic and treatment center.  (d) (i) Notwithstanding  the  provisions  of  paragraph  (b)  of  this subdivision  and  any  other  provisions of this chapter, municipalities which received state aid pursuant to article two of this chapter for the nineteen hundred eighty-nine--nineteen hundred ninety state fiscal  year in   support   of  non-hospital  based  free-standing  or  local  health department  operated  general   medical   clinics   shall   receive   an uncompensated  care  rate  adjustment  for  the  period  July first, two thousand three through December thirty-first, two thousand three, of not less  than  one-half  the  amount  received  in  the  nineteen   hundred eighty-nine--nineteen  hundred  ninety  state  fiscal  year  for general medical clinics.  (ii) For the period January first, two thousand four through  December thirty-first, two thousand four, each such municipality shall receive an uncompensated  care  rate  adjustment  of not less than twice the amount calculated pursuant to subparagraph (i) of this paragraph.  (iii) For the period January first, two  thousand  five  through  June thirtieth,  two  thousand  five, each such municipality shall receive an annual uncompensated care rate adjustment of not less  than  the  amount calculated pursuant to subparagraph (i) of this paragraph.  (e)   (i)   Notwithstanding   any   inconsistent   provision  of  this subdivision, for the period  July  first,  two  thousand  three  through December  thirty-first,  two  thousand  three,  diagnostic and treatment centers which  received  an  allowance  pursuant  to  paragraph  (f)  of subdivision  two  of  section twenty-eight hundred seven of this article for  the  period  through  December   thirty-first,   nineteen   hundred ninety-six  shall  receive  an uncompensated care rate adjustment of not less than one-half the amount that would  have  been  received  for  any losses  associated  with  the  delivery of bad debt and charity care for nineteen hundred ninety-five had the  provisions  of  paragraph  (f)  of subdivision  two  of  section twenty-eight hundred seven of this article remained in effect.  (ii) For the period January first, two thousand four through  December thirty-first,  two  thousand  four,  each  such diagnostic and treatment center shall receive an uncompensated care rate adjustment of  not  less than  twice  the  amount calculated pursuant to subparagraph (i) of this paragraph.  (iii) For the period January first, two  thousand  five  through  June thirtieth,  two thousand five, each such diagnostic and treatment center shall receive an annual uncompensated care rate adjustment of  not  less than  the  amount  calculated  pursuant  to  subparagraph  (i)  of  this paragraph,  and  shall  be   subject   to   subsequent   adjustment   or reconciliation.  (f) Any residual amount allocated for distribution to a classification of  diagnostic and treatment centers in accordance with this subdivision shall be reallocated by the commissioner for distributions to the  other classifications based on remaining need.   4-b.  (a)  For  periods  on  and after July first, two thousand three, through June thirtieth, two thousand five, funds shall be made available for adjustments to rates of payment made pursuant to  paragraph  (b)  of subdivision  one  of  this section for eligible diagnostic and treatment centers with less than two years of operating experience, and diagnostic and treatment centers which have received certificate of  need  approval on  applications  which  indicate  a  significant  increase in uninsured visits, for  the  following  periods  and  in  the  following  aggregate amounts:  (i)  For  the  period  July first, two thousand three through December thirty-first, two  thousand  three,  up  to  one  million  five  hundred thousand dollars;  (ii)  For the period January first, two thousand four through December thirty-first, two thousand four, up to three million dollars;  (iii)  For  the  period  January first, two thousand five through June thirtieth, two thousand five, up to one million  five  hundred  thousand dollars.  (b)  To  be eligible for a rate adjustment pursuant to this section, a diagnostic and treatment center shall  be  a  voluntary,  non-profit  or publicly   sponsored   diagnostic   and  treatment  center  providing  a comprehensive range of primary health care services and be  eligible  to receive  a medicaid budgeted rate prior to April first of the applicable rate adjustment period after which time, the department shall issue rate adjustments  pursuant  to  this  subdivision  for  such  periods.   Rate adjustments  made  pursuant to this subdivision shall be allocated based upon each eligible facility's proportional share of costs  for  services rendered  to  uninsured  patients which have otherwise not been used for establishing  distributions  pursuant  to  subdivision  four-a  of  this section. For the purposes of this subdivision costs shall be measured by multiplying  each  facility's  medicaid  budgeted  rate by the estimated number of visits reported for services anticipated  to  be  rendered  to uninsured   patients  meeting  the  aforementioned  criteria,  less  any anticipated  patient  service  revenues  received  from  such  uninsured patients, during the applicable rate adjustment period.   4-c.  Notwithstanding  any  provision  of  law  to  the  contrary, the commissioner shall make additional payments for  uncompensated  care  to voluntary  non-profit diagnostic and treatment centers that are eligible for  distributions  under  subdivision  four  of  this  section  in  the following  amounts:  for the period June first, two thousand six through December thirty-first, two thousand six, in the amount of seven  million five  hundred  thousand  dollars,  for  the  period  January  first, two thousand seven through December thirty-first, two thousand seven,  seven million five hundred thousand dollars, for the period January first, two thousand  eight through December thirty-first, two thousand eight, seven million five hundred thousand dollars, for the period January first, two thousand nine through December thirty-first, two thousand nine,  fifteen million five hundred thousand dollars, for the period January first, two thousand  ten  through  December  thirty-first,  two thousand ten, seven million five hundred thousand dollars, for the period January first, two thousand eleven though December thirty-first, two thousand eleven, seven million five hundred thousand dollars, for the period January first, two thousand twelve through  December  thirty-first,  two  thousand  twelve, seven  million  five  hundred  thousand  dollars, for the period January first, two thousand thirteen through December thirty-first, two thousand thirteen, seven million five hundred thousand dollars,  for  the  period January  first, two thousand fourteen through December thirty-first, two thousand fourteen, seven million five hundred thousand dollars, for  the period   January   first,   two   thousand   fifteen   through  December thirty-first, two thousand fifteen, seven million five hundred  thousand dollars,  for  the  period  January  first  two thousand sixteen through December thirty-first, two thousand sixteen, seven million five  hundred thousand  dollars,  for the period January first, two thousand seventeen through December thirty-first, two  thousand  seventeen,  seven  million five  hundred  thousand  dollars,  for  the  period  January  first, two thousand eighteen through December thirty-first, two thousand  eighteen, seven  million  five  hundred  thousand  dollars, for the period January first, two thousand nineteen through December thirty-first, two thousand nineteen, seven million five hundred thousand dollars,  for  the  period January  first,  two  thousand twenty through December thirty-first, two thousand twenty, seven million five hundred thousand  dollars,  for  the  period   January   first,   two  thousand  twenty-one  through  December thirty-first,  two  thousand  twenty-one,  seven  million  five  hundred thousand  dollars, for the period January first, two thousand twenty-two through  December  thirty-first,  two thousand twenty-two, seven million five hundred thousand dollars, and for the  period  January  first,  two thousand   twenty-three   through   March   thirty-first,  two  thousand twenty-three, in the amount of one million six hundred thousand dollars, provided, however, that for periods on  and  after  January  first,  two thousand  eight,  such  additional  payments  shall  be  distributed  to voluntary, non-profit diagnostic and treatment  centers  and  to  public diagnostic  and  treatment  centers  in accordance with paragraph (g) of subdivision four of this section. In the event  that  federal  financial participation  is  available  for  rate  adjustments  pursuant  to  this section,  the  commissioner  shall  make  such  payments  as  additional adjustments  to rates of payment for voluntary non-profit diagnostic and treatment centers that are eligible for distributions under  subdivision four-a  of  this  section  in the following amounts: for the period June first, two thousand six through December thirty-first, two thousand six, fifteen million dollars in the aggregate, and  for  the  period  January first,  two  thousand  seven through June thirtieth, two thousand seven, seven million five  hundred  thousand  dollars  in  the  aggregate.  The amounts  allocated  pursuant  to this paragraph shall be aggregated with and distributed pursuant to  the  same  methodology  applicable  to  the amounts  allocated  to  such  diagnostic  and treatment centers for such periods  pursuant  to  subdivision  four  of  this  section  if  federal financial  participation  is  not  available, or pursuant to subdivision four-a of this section if federal financial participation is  available. Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social services law, there shall be no local  share  in  a  medical  assistance payment adjustment under this subdivision.   5.  Diagnostic  and  treatment centers shall furnish to the department such reports and information as may be required by the  commissioner  to assess  the  cost,  quality,  access to, effectiveness and efficiency of uncompensated  care  provided.  The  council  shall  adopt   rules   and regulations,  subject  to the approval of the commissioner, to establish uniform  reporting  and  accounting  principles   designed   to   enable diagnostic  and treatment centers to fairly and accurately determine and report uncompensated care visits and the costs of uncompensated care. In order to be eligible  for  an  allocation  of  funds  pursuant  to  this section,  a  diagnostic  and treatment center must be in compliance with uncompensated care reporting requirements.   6. Notwithstanding any inconsistent provision of law to the  contrary, the  availability  or  payment  of  funds  to a diagnostic and treatment center pursuant to this section shall not be admissible  as  a  defense, offset  or reduction in any action or proceeding relating to any bill or claim for  amounts  due  for  services  provided  by  a  diagnostic  and treatment center.   7.  Revenue  from  distributions  to a diagnostic and treatment center pursuant to this section shall not be included in gross revenue received for purposes of the assessments pursuant to section twenty-eight hundred seven-d of this article, subject to the provisions of subdivision twelve of section twenty-eight hundred seven-d of this article.   8. (a) For periods on or after January  first,  two  thousand  through June  thirtieth,  two  thousand  three,  payments  made  to  an eligible diagnostic and treatment  center  pursuant  to  this  section  shall  be reduced   or  increased  by  an  amount  equal  to  the  amount  of  any overpayments or underpayments made against grants  awarded  pursuant  to section  seven  of  chapter  four  hundred  thirty-three  of the laws of  nineteen hundred ninety-seven for the period three years  prior  to  the annual awards made pursuant to this section.  (b)  The  determination of such overpayments or underpayments shall be based on the submission by eligible  facilities  of  reports  reflecting actual  uncompensated  care data, as required by the commissioner, which are attributable to prior periods.  Submission  of  such  reports  is  a condition  for  an  eligible  facility's receipt of payments pursuant to this section.  (c) For any periods in which a  facility  does  not  receive  payments pursuant to this section, the amount of any prior period overpayment may be  offset against payments for medical assistance made to such facility pursuant to title eleven of article five of the social services law  and credited  to  funds allocated pursuant to this section. Any prior period underpayment to an eligible facility may be paid to such facility  in  a subsequent period.   9.  Adjustments  to rates of payment made pursuant to this section may be added to rates of payment or made as aggregate payments  to  eligible diagnostic  and treatment centers and shall not be subject to subsequent adjustment or reconciliation, provided, however, that in the event  such adjustments  are  made  as  aggregate payments, then notwithstanding any law, rule or regulation to the contrary  responsibility  for  the  local share  of such aggregate payments shall be apportioned to a local social services district based on the most recent geographic  utilization  data available to the department for eligible diagnostic and treatment center services  for payments in accordance with subdivisions four-a and four-b of this  section  for  all  diagnostic  and  treatment  center  services provided  in  accordance  with section three hundred sixty-five-a of the social services law,  regardless  of  whether  another  social  services district  or  the department may otherwise be responsible for furnishing medical assistance to the eligible persons receiving such services.   10. (a) Notwithstanding any inconsistent provision of this section  or any  other  contrary provision of law, the commissioner is authorized to seek a waiver from the federal department of health and  human  services pursuant  to  section  eleven  hundred  fifteen  of  the  federal social security act, or such other federal  law  provision  as  may  be  deemed appropriate,  seeking  federal  financial participation in payments made pursuant to this section, in which case the state funding made available pursuant to this section shall be utilized as the non-federal  share  of such  payments. To the extent as may be required, payments made pursuant to this section and in accordance with this subdivision, may  be  deemed to  be  disproportionate  share hospital payments in accordance with the provisions of the federal social security act.  (b) If federal financial participation in payments  made  pursuant  to this  section  are  made  available in accordance with the provisions of this subdivision, free-standing  clinics  licensed  solely  pursuant  to article  thirty-one  of  the  mental  hygiene  law  shall also be deemed eligible for participation in such payments to the same  degree  and  in accordance  with the same distribution methodology otherwise provided in this section, provided,  however,  that  only  those  units  of  service provided  by such free-standing clinics that constitute medical services that are otherwise eligible  for  consideration  for  Medicaid  payments shall  be  reflected in distributions made pursuant to this section, and further provided, however, that the commissioner  may,  in  consultation with  the  commissioner  of  the  office  of mental health, require such clinics, as a condition of  receiving  such  distributions,  to  provide reports  and  data to the department as the commissioner deems necessary to adequately implement the provisions of this subdivision  with  regard to such clinics.