NY State Fin L § 97-X (2021)
2021 New York Laws STF - State Finance Article 6 - Funds of the State 97-X - Statewide Planning and Research Cooperative System; Assessment of Annual Fees on General Hospitals.

§ 97-x. Statewide planning and research cooperative system; assessment   of  annual  fees on general hospitals. 1. Each general hospital shall be   assessed an annual fee by the commissioner of health calculated  on  the   basis  of  its proportionate share of the sum of total costs reported by   all general hospitals  in  the  most  recent  calendar  year  for  which   certified data are available. Such fee shall not exceed one-tenth of one   percent  of  the  total  costs  reported by such general hospital. Where   rates of payment for general hospital services established  pursuant  to   section  twenty-eight  hundred  seven-a  of  the  public  health  law or   pursuant to section twenty-eight hundred seven-c of  the  public  health   law  have  not been adjusted to reflect the proportionate share of costs   associated with such  annual  fee,  rates  shall  be  so  adjusted.  The   commissioner  of health shall promulgate regulations establishing a time   schedule for payment of annual fees assessed on general  hospitals.  The   commissioner of health shall charge a user fee for the production of any   data  to  any  person  or  organization,  provided,  however,  that  the   commissioner of health may waive such fee for the provision of  reports,   to  be  defined  in regulation, to a general hospital or its designee as   approved by the commissioner of health or third-party  payor  or  health   systems   agency  to  perform  duties  and  functions  provided  for  in   subdivision seven, excluding  paragraph  (s)  of  such  subdivision,  of   section   twenty-nine   hundred   four-b   of  the  public  health  law.   Notwithstanding any inconsistent provisions of any  general  or  special   law,  charges  established  pursuant  to  subdivision  twelve of section   twenty-eight hundred seven-a of the public health  law  or  pursuant  to   paragraph (c) of subdivision one of section twenty-eight hundred seven-c   of  the  public  health  law  shall  be permitted to increase to reflect   increased costs resulting from the proportionate cost of the annual fees   assessed pursuant to this subdivision.2. The sum of annual fees collected from general  hospitals  and  user   fees  shall  be  sufficient to provide all monies necessary to repay any   monies which may be appropriated to support the statewide  planning  and   research  cooperative  system,  established  under  section two thousand   eight hundred sixteen of the public health law, in the  manner  provided   by law, provided, however, that such fees may be adjusted at any time in   the  event  that  monies received exceed the appropriation. In the event   that monies available are not sufficient to fully make such  repayments,   the  commissioner  of  health  shall,  after notification and subsequent   consultation with the state hospital review  and  planning  council  and   subject  to  the  approval of the director of the budget, modify, amend,   alter or otherwise adjust the scope of the activities undertaken  and/or   the  manner  in  which  the  activities are undertaken, or to the extent   allowed by law, after notification of and subsequent  consultation  with   the  state  hospital  review  and  planning  council  and subject to the   approval of  the  director  of  the  budget,  modify,  amend,  alter  or   otherwise  adjust  the  fees  assessed  on general hospitals, within the   percent limitation set forth above, such that monies will  be  available   to  make  all necessary repayments. Whenever an adjustment in the annual   fee assessed on general hospitals is  made,  reimbursement  rates  shall   also  be adjusted to reflect the increase or decrease in cost associated   with the annual fee.3. The commissioner of health shall consult with  the  state  hospital   review  and  planning  council  regarding  the  operation  and continued   development of the statewide planning and research cooperative system.4. Notwithstanding any inconsistent provision of this section, general   hospitals shall not be liable for payment of an allocable share  of  the   annual  fees  applicable  on  or  after  January first, nineteen hundred   eighty-eight based on services provided to persons eligible for payments    by  state  governmental  agencies  and  rates  of  payment   for   state   governmental  agencies  established  pursuant  to  section  twenty-eight   hundred seven-c of the public  health  law  shall  not  be  adjusted  to   reflect costs associated with the annual fees, provided, however, solely   for  purposes  of  the  calculations pursuant to subdivision two of this   section annual fees collected from general hospitals shall be deemed  to   include  the amount of the allocable share of such annual fees for which   the hospital is not liable for payment pursuant to this subdivision.