N.Y. Public Health Law § 2807-d-1: Hospital quality contributions

§ 2807-d-1. Hospital quality contributions. 1. Notwithstanding any

contrary provision of law and subject to the receipt of all necessary

federal approvals or waivers, for periods on and after July first, two

thousand eleven, a quality contribution shall be imposed on the

inpatient revenue of each general hospital that is received for the

provision of inpatient obstetrical patient care services in an amount

equal to one and six-tenths percent of such revenue, as defined in

accordance with paragraph (a) of subdivision three of section

twenty-eight hundred seven-d of this article, provided, however, that in

the event the commissioner, in consultation with the director of the

budget, determines that such quality contribution shall raise less than

or more than the total quality collection amount set forth in

subdivision two of this section, the commissioner, in consultation with

the director of the budget, may promulgate regulations, and may

promulgate emergency regulations, increasing or decreasing such quality

contributions by amounts sufficient to ensure the collection of such

annual quality contribution amount.

2. The annual quality contribution amount referenced in subdivision

one of this section shall be thirty million dollars for the state fiscal

year beginning April first, two thousand eleven, and for each subsequent

state fiscal year thereafter it shall be the amount of the preceding

year as increased by the ten year rolling average of the medical

component of the consumer price index as published by the United States

department of labor, bureau of labor statistics, for the preceding ten

years.

3. The quality contributions described in this section shall be

administered in accordance with and subject to the provisions of

subdivisions four, five, six, seven, eight and twelve of section

twenty-eight hundred seven-d of this article, provided, however, that

such quality contributions shall be deposited in the HCRA resources fund

as established pursuant to section ninety-two-dd of the state finance

law; and provided further, however, that such contributions shall not be

an allowable cost in the determination of reimbursement rates of payment

computed pursuant to this article.