N.Y. State Finance Law § 97-x: Statewide planning and research cooperative system; assessment of annual fees on general hospitals

§ 97-x. Statewide planning and research cooperative system; assessment

of annual fees on general hospitals. 1. Each general hospital shall be

assessed an annual fee by the commissioner of health calculated on the

basis of its proportionate share of the sum of total costs reported by

all general hospitals in the most recent calendar year for which

certified data are available. Such fee shall not exceed one-tenth of one

percent of the total costs reported by such general hospital. Where

rates of payment for general hospital services established pursuant to

section twenty-eight hundred seven-a of the public health law or

pursuant to section twenty-eight hundred seven-c of the public health

law have not been adjusted to reflect the proportionate share of costs

associated with such annual fee, rates shall be so adjusted. The

commissioner of health shall promulgate regulations establishing a time

schedule for payment of annual fees assessed on general hospitals. The

commissioner of health shall charge a user fee for the production of any

data to any person or organization, provided, however, that the

commissioner of health may waive such fee for the provision of reports,

to be defined in regulation, to a general hospital or its designee as

approved by the commissioner of health or third-party payor or health

systems agency to perform duties and functions provided for in

subdivision seven, excluding paragraph (s) of such subdivision, of

section twenty-nine hundred four-b of the public health law.

Notwithstanding any inconsistent provisions of any general or special

law, charges established pursuant to subdivision twelve of section

twenty-eight hundred seven-a of the public health law or pursuant to

paragraph (c) of subdivision one of section twenty-eight hundred seven-c

of the public health law shall be permitted to increase to reflect

increased costs resulting from the proportionate cost of the annual fees

assessed pursuant to this subdivision.

2. The sum of annual fees collected from general hospitals and user

fees shall be sufficient to provide all monies necessary to repay any

monies which may be appropriated to support the statewide planning and

research cooperative system, established under section two thousand

eight hundred sixteen of the public health law, in the manner provided

by law, provided, however, that such fees may be adjusted at any time in

the event that monies received exceed the appropriation. In the event

that monies available are not sufficient to fully make such repayments,

the commissioner of health shall, after notification and subsequent

consultation with the state hospital review and planning council and

subject to the approval of the director of the budget, modify, amend,

alter or otherwise adjust the scope of the activities undertaken and/or

the manner in which the activities are undertaken, or to the extent

allowed by law, after notification of and subsequent consultation with

the state hospital review and planning council and subject to the

approval of the director of the budget, modify, amend, alter or

otherwise adjust the fees assessed on general hospitals, within the

percent limitation set forth above, such that monies will be available

to make all necessary repayments. Whenever an adjustment in the annual

fee assessed on general hospitals is made, reimbursement rates shall

also be adjusted to reflect the increase or decrease in cost associated

with the annual fee.

3. The commissioner of health shall consult with the state hospital

review and planning council regarding the operation and continued

development of the statewide planning and research cooperative system.

4. Notwithstanding any inconsistent provision of this section, general

hospitals shall not be liable for payment of an allocable share of the

annual fees applicable on or after January first, nineteen hundred

eighty-eight based on services provided to persons eligible for payments

by state governmental agencies and rates of payment for state

governmental agencies established pursuant to section twenty-eight

hundred seven-c of the public health law shall not be adjusted to

reflect costs associated with the annual fees, provided, however, solely

for purposes of the calculations pursuant to subdivision two of this

section annual fees collected from general hospitals shall be deemed to

include the amount of the allocable share of such annual fees for which

the hospital is not liable for payment pursuant to this subdivision.