S T A T E O F N E W Y O R K
________________________________________________________________________
9232
2009-2010 Regular Sessions
I N A S S E M B L Y
November 9, 2009
___________
Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
tee on Health
AN ACT in relation to exempting monthly assessments due from residential
health facilities located in any area designated as a Health Profes-
sional Shortage Area or serving a medically underserved population and
experiencing a medical assistance utilization rate of eighty-five
percent or greater from interest or penalties for any period prior to
October 1, 2009
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Notwithstanding any provision of law, rule or regulation to
2 the contrary, monthly assessments due for any period prior to October 1,
3 2009, from residential health facilities located in any area designated
4 as a Health Professional Shortage Area or serving a medically under-
5 served population and experiencing a medical assistance utilization rate
6 of eighty-five percent or greater as appropriately reported pursuant to
7 section 2807-d of the public health law on or before December 31, 2009,
8 shall not be subject to interest or penalties as otherwise provided in
9 such section 2807-d; provided, however, that the residential health care
10 facility must either pay such amounts or enter into a repayment agree-
11 ment for said amount with the commissioner of health under terms accept-
12 able to such commissioner on or before March 31, 2010; provided further,
13 however, that with regard to all assessment, interest and penalty
14 amounts collected by the commissioner of health by the effective date of
15 this act the interest and penalty provisions of section 2807-d of the
16 public health law shall remain in full force and effect and such amounts
17 collected shall not be subject to further reconciliation or adjustment.
18 Health Professional Shortage Areas and medically underserved populations
19 shall be established based on designations of areas as such under
20 section 3320(b)(3) of the Federal Public Health Service Act as amended
21 by the Health Care Safety Net Amendments of 2002, Public Law 107-251 and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14990-01-9
A. 9232 2
1 shall include those areas designated by the secretary of health and
2 human services as an area with a shortage of personal health services,
3 or a population group designated by the commissioner of health as being
4 underserved in the area of residential health care facility services.
5 S 2. This act shall take effect immediately.