2023 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.