N.Y. Public Health Law § 12-d: Filing of certain information by medical facilities

§ 12-d. Filing of certain information by medical facilities. 1. In

the event a medical facility fails to file the required financial and

statistical reports, or specific additional data related to the rate

setting process, on or before the prescribed due dates, or as the same

may be extended by the commissioner, the commissioner shall reduce the

current rate established for payments by governmental agencies by up to

two percent for a period beginning on the first day of the calendar

month following the original due date of the required reports or

additional data and continuing until the last day of the calendar month

in which said reports or data are filed.

2. If the financial and statistical reports required by this section

are determined by the commissioner to be incomplete, inaccurate or

incorrect, the medical facility will have thirty days from the date of

receipt of notification to provide the corrected or additional data.

Failure to file the corrected or additional data that was previously

required within such thirty day period, or as the same may be extended

by the commissioner, shall result in a reduction of the current rate in

accordance with subdivision one of this section.

3. For purposes of this section, "specific additional data related to

the rate setting process", shall mean those for use in a wage geographic

differential survey, a peer grouping data survey and a medical supplies

survey and a malpractice insurance survey, as well as other information

intended for use in establishing rates. The commissioner shall supply

each medical facility with preliminary information concerning the data

that will be required prior to the start of each rate period. Failure

to file such additional data within thirty days from the date of receipt

of notification to supply such information, or as the same may be

extended by the commissioner, shall result in a reduction of the current

rate in accordance with subdivision one of this section.

4. For the purposes of this section, "medical facility" shall mean a

residential health care facility, general hospital, free-standing

ambulatory care facility, diagnostic and/or treatment center and clinic

authorized under article twenty-eight of this chapter, and a certified

home health agency and long term home health care program authorized

under article thirty-six of this chapter.