2023 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,  for  the  period  January  first,  two
thousand   twenty-three  through  December  thirty-first,  two  thousand
twenty-three, seven million  five  hundred  thousand  dollars,  for  the
period   January   first,  two  thousand  twenty-four  through  December
thirty-first, two  thousand  twenty-four,  seven  million  five  hundred
thousand dollars, for the period January first, two thousand twenty-five
through  December  thirty-first, two thousand twenty-five, seven million
five hundred thousand dollars, and for the  period  January  first,  two
thousand twenty-six through March thirty-first, two thousand twenty-six,
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.