2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 36 - Addiction and Mental Health Services and Supports › 36.05 - Certified Community Behavioral Health Clinics Indigent Care Program.

* §  36.05  Certified  community behavioral health clinics indigent care
program.
(a)  (1)  For  periods  on  and  after  July   first,   two   thousand
twenty-three,  the  commissioners  are  authorized  to  make  payment to
eligible certified community behavioral health clinics, to the extent of
funds appropriated therefor to assist in meeting losses  resulting  from
uncompensated care.  In the event federal financial participation is not
available  for  such payments to eligible certified community behavioral
health clinics, payments shall be made solely on the basis of  available
state  general  fund  appropriations  for  this purpose in amounts to be
determined by the director of the division of the budget.
(2) For  purposes  of  this  section,  "eligible  certified  community
behavioral  health  clinics"  shall  mean voluntary non-profit certified
community  behavioral  health  clinics  participating  in  the   federal
certified  community  behavioral  health clinic demonstration awarded to
the state by the United States department of health and  human  services
substance  abuse  and  mental  health  services administration and other
certified community behavioral  health  clinics  certified  pursuant  to
section 36.04 of this article, which demonstrate that a minimum of three
percent of total visits reported during the applicable base year period,
as determined by the commissioners, were to uninsured individuals.
(3) For purposes of this section, "losses resulting from uncompensated
care"   shall  mean  losses  from  reported  self-pay  and  free  visits
multiplied by the clinic's  medical  assistance  payment  rate  for  the
applicable  distribution  year,  offset  by  payments received from such
patients during the reporting period.
(b) A certified community behavioral health clinic  qualifying  for  a
distribution   pursuant   to   this  section  shall  provide  assurances
satisfactory to the commissioners 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) (1) Funding  pursuant  to  this  section  shall  be  allocated  to
eligible  certified community behavioral health clinics based on actual,
reported losses resulting from uncompensated care in a given  base  year
period  and shall not exceed one hundred percent of an eligible clinic's
losses in the same period.
(2) If the sum of actual, reported losses resulting from uncompensated
care for all certified community behavioral health clinics  exceeds  the
amount appropriated therefor in a given base year period, allocations of
funds  for  each  eligible  certified community behavioral health clinic
shall be assessed proportionately based upon the percentage of the total
number of uncompensated care visits for all  clinics  that  each  clinic
provided  during the base year and shall not exceed amounts appropriated
in the aggregate.
(d) Except as provided in subdivision (e) of this section, for periods
on  and  after  July  first,  two  thousand  twenty-three  through  June
thirtieth,  two  thousand  twenty-six, funds shall be made available for
payments pursuant to  this  section  for  eligible  certified  community
behavioral  health  clinics  for  the following periods in the following
aggregate amounts:
(1) For the period of July first, two  thousand  twenty-three  through
June  thirtieth, two thousand twenty-four, up to twenty-two million five
hundred thousand dollars;
(2) For the period of July first,  two  thousand  twenty-four  through
June  thirtieth,  two  thousand twenty-five, up to forty-one million two
hundred fifty thousand dollars; and
(3) For the period of July first,  two  thousand  twenty-five  through
June  thirtieth,  two  thousand  twenty-six,  up  to  forty-five million
dollars.
(e) In the event that federal financial participation is not available
for  rate  adjustments  pursuant  to  this  section, funds available for
payments pursuant to this section for each eligible certified  community
behavioral  health  clinic  shall  be  limited  to the non-federal share
equivalent of the amounts specified in subdivision (d) of this section.
(f) Eligible certified community behavioral health  clinics  receiving
funding  under  this  section  shall  not  be eligible for comprehensive
diagnostic and treatment centers indigent care program funding  pursuant
to section two thousand eight hundred seven-p of the public health law.
(g)  The  commissioners may require facilities receiving distributions
pursuant to this  section  as  a  condition  of  participating  in  such
distributions,  to  provide  reports  and  data  to the office of mental
health and  the  office  of  addiction  services  and  supports  as  the
commissioners  deem  necessary to adequately implement the provisions of
this section.
* NB Effective November 3, 2023