S T A T E   O F   N E W   Y O R K
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                                  3626

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

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, 2014

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Notwithstanding any provision of law, rule or regulation to
the contrary, monthly assessments due for any period prior to October 1,
2014,  from residential health facilities located in any area designated
as a Health Professional Shortage Area or  serving  a  medically  under-
served population and experiencing a medical assistance utilization rate
of  eighty-five percent or greater as appropriately reported pursuant to
section 2807-d of the public health law on or before December 31,  2014,
shall  not  be subject to interest or penalties as otherwise provided in
such section 2807-d; provided, however, that the residential health care
facility must either pay such amounts or enter into a  repayment  agree-
ment for said amount with the commissioner of health under terms accept-
able to such commissioner on or before March 31, 2015; provided further,
however,  that  with  regard  to  all  assessment,  interest and penalty
amounts collected by the commissioner of health by the effective date of
this act the interest and penalty provisions of section  2807-d  of  the
public health law shall remain in full force and effect and such amounts
collected  shall not be subject to further reconciliation or adjustment.
Health Professional Shortage Areas and medically underserved populations
shall be established based  on  designations  of  areas  as  such  under
section  3320(b)(3)  of the Federal Public Health Service Act as amended
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.
                                                           LBD00147-01-3
              

A. 3626                             2

shall include those areas designated by  the  secretary  of  health  and
human  services  as an area with a shortage of personal health services,
or a population group designated by the commissioner of  health as being
underserved in the area of residential health care facility services.
  S 2. This act shall take effect immediately.