New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities › Subpart 635-4 - Financial Reporting and Audit Requirements › Section 635-4.4 - Failure to file required financial and statistical reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each provider shall submit all cost
				  reports in the form and format and by the method specified by OPWDD so that
				  OPWDD receives them no later than June 1st for providers reporting on the
				  January 1st through December 31st period or December 1st for providers
				  reporting on the July 1st through June 30th period.
(b) If the provider fails to file a cost
				  report, in the form and format and by the method specified by OPWDD, on or
				  before the due date, the provider shall be subject to a reduction in
				  reimbursement under subdivision (d) of this section.
(c) A provider may make a written request for
				  a waiver of reduction in reimbursement due to extraordinary and/or
				  unforeseeable circumstances beyond its control, such as a natural disaster, or
				  other circumstance as determined by the OPWDD commissioner, which will prevent
				  it from filing the cost report by the due date. The application must contain
				  detailed facts supporting the request, describe the extraordinary and/or
				  unforeseeable circumstances and explain why the provider believes such
				  circumstances will prevent it from filing the cost report by the due date.
(1) Written requests for a waiver of the
				  reduction in reimbursement must be received by OPWDD no later than June 1st for
				  providers reporting on the January 1st through December 31st period or December
				  1st for providers reporting on the July 1st through June 30th period.
(2) If the request is received on or before
				  the due date specified in subdivision (a) of this section, OPWDD shall review
				  the request and approve or deny the request based upon the facts and
				  circumstances described in the application and any other relevant facts and
				  circumstances. OPWDD shall approve the request if OPWDD determines that there
				  are extraordinary and/or unforeseeable circumstances beyond the provider's
				  control that will prevent the provider from filing the cost report by the due
				  date. OPWDD shall deny the request if OPWDD determines that there are not
				  extraordinary and/or unforeseeable circumstances beyond the provider's control
				  or that such circumstances should not prevent the provider from filing the cost
				  report by the due date. OPWDD shall notify the provider in writing of its
				  approval or denial of the request. OPWDD's determination shall be
				  final.
(3) If OPWDD denies the
				  request for a waiver of the reduction in reimbursement, the provider shall be
				  subject to a reduction in reimbursement under subdivision (d) of this
				  section.
(4) If OPWDD approves the
				  request for a waiver of the reduction in reimbursement, OPWDD shall determine a
				  revised due date and shall notify the provider in writing of the revised due
				  date. If the provider does not submit the cost report by the revised due date,
				  the provider shall be subject to a reduction in reimbursement under subdivision
				  (d) this section.