S5705-2011 Actions

• Jun 20, 2011: SUBSTITUTED BY A8336
• Jun 20, 2011: ORDERED TO THIRD READING CAL.1404
• Jun 20, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 10, 2011: REFERRED TO HEALTH

S5705-2011 Meetings

S5705-2011 Votes

S5705-2011 Memo

BILL NUMBER:S5705

TITLE OF BILL:
An act
to amend the public health law, in relation to
prior settlements and general hospitals

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this
bill is to be a
chapter amendment to a chapter of the laws of 2011 relating to
authorizing the commissioner of health to extend the use of audit
findings to subsequent un-audited periods with regard to payments to
patient services providers and assessments on covered lives as
proposed in legislative bill S 5553/A 8085.

SUMMARY OF SPECIFIC PROVISIONS:
Sections 1 and 2 make a technical amendment to include "prior
settlements" within the purview of the Commissioner's authority when
entering into agreements with designated providers and specified
third party payors.

Section 3 includes general hospitals among those the commissioner may
enter into agreements with. Section 4 is the effective date.

JUSTIFICATION: This bill is a chapter amendment which
makes technical
amendments to S. 5553 and includes provisions to allow the
commissioner of health to enter into multi-year agreements with
general hospitals in regard to audit findings and prior settlements.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: This bill may result in
additional HCRA revenue in 2012.

EFFECTIVE DATE: Shall take effect on the same date
and in the same
manner as a chapter of the laws of 2011 amending the public health
law as S 5553/A 8085.

S5705-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5705
 2011-2012 Regular Sessions
 I N  SENATE
 June 10, 2011
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health
 

AN ACT to amend the public health law, in relation to prior  settlements
 and general hospitals
 

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

 

Section 1. Paragraph (f) of subdivision 8-a of section 2807-j  of  the
 public  health law, as amended by a chapter of the laws of 2011 amending
 the public health law relating to authorizing the commissioner of health
 to extend the use of audit findings  to  subsequent  un-audited  periods
 with  regard to payments to patient service providers and assessments on
 covered lives as proposed in legislative bills numbers S.  5553  and  A.
 8085, is amended to read as follows:

 (f) The commissioner may enter into agreements with designated provid
 ers  of  services, and with third-party payors, in regard to which audit
 findings OR PRIOR SETTLEMENTS have been made pursuant to this section or
 section twenty-eight hundred seven-s  of  this  article,  extending  and
 applying such audit findings OR PRIOR SETTLEMENTS, or a portion thereof,
 in settlement and satisfaction of potential audit liabilities for subse
 quent  un-audited periods.  The commissioner may reduce or waive payment
 of interest and penalties otherwise applicable to such subsequent  unau
 dited periods when such amounts due as a result of such agreement, other
 than  reduced  or waived penalties and interest, are paid in full to the
 commissioner  or  the  commissioner's  designee  within  sixty  days  of
 execution  of  such  agreement  by  all  parties  to  the agreement. Any
 payments made pursuant to agreements entered  into  in  accordance  with
 this paragraph shall be deemed to be in full satisfaction of any liabil
 ity  arising under this section and section twenty-eight hundred seven-s
 of this article, as referenced in such agreements and for the time peri
 ods covered by such agreements, provided, however, that the commissioner
 may audit future retroactive adjustments to payments made for such peri
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13079-01-1
 
       S. 5705                             2
 ods based on reports filed by providers and payors  subsequent  to  such
 agreements.
 

S  2.  Paragraph (f) of subdivision 10 of section 2807-t of the public
 health law, as amended by a chapter of the laws  of  2011  amending  the
 public  health law relating to authorizing the commissioner of health to
 extend the use of audit findings to subsequent un-audited  periods  with
 regard  to  payments  to  patient  service  providers and assessments on
 covered lives as proposed in legislative bills numbers S.  5553  and  A.
 8085, is amended to read as follows:

 (f)  The  commissioner may enter into agreements with specified third
 party payors in regard to which audit findings OR PRIOR SETTLEMENTS have
 been made pursuant to this section, extending and  applying  such  audit
 findings  OR  PRIOR SETTLEMENTS, or a portion thereof, in settlement and
 satisfaction of potential audit liabilities  for  subsequent  un-audited
 periods.    The commissioner may reduce or waive payment of interest and
 penalties otherwise applicable to such subsequent unaudited periods when
 such amounts due as a result of such agreement, other  than  reduced  or
 waived  interest  and penalties, are paid in full to the commissioner or
 the commissioner's designee within  sixty  days  of  execution  of  such
 agreement by all parties to the agreement. Any payments made pursuant to
 agreements  entered  into  in  accordance  with  this paragraph shall be
 deemed to be in full satisfaction of any liability  arising  under  this
 section,  as  referenced  in  such  agreements  and for the time periods
 covered by such agreements, provided, however, that the commissioner may
 audit future retroactive adjustments to payments made for  such  periods
 based on reports filed by payors subsequent to such agreements.
 

S  3.    Subdivision  18 of section 2807-c of the public health law is
 amended by adding a new paragraph (i) to read as follows:

 (I) THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH GENERAL  HOSPITALS
 SUBJECT  TO THIS SUBDIVISION, IN REGARD TO WHICH AUDIT FINDINGS OR PRIOR
 SETTLEMENTS HAVE BEEN MADE PURSUANT TO THIS SUBDIVISION,  EXTENDING  AND
 APPLYING  SUCH AUDIT FINDINGS OR PRIOR SETTLEMENTS OR A PORTION THEREOF,
 IN SETTLEMENT AND SATISFACTION OF POTENTIAL AUDIT LIABILITIES FOR SUBSE
 QUENT UN-AUDITED PERIODS. THE COMMISSIONER MAY REDUCE OR  WAIVE  PAYMENT
 OF INTEREST AND PENALTIES OTHERWISE APPLICABLE TO SUCH SUBSEQUENT UN-AU
 DITED PERIODS WHEN SUCH AMOUNTS DUE AS A RESULT OF SUCH AGREEMENT, OTHER
 THAN  REDUCED  OR WAIVED PENALTIES AND INTEREST, ARE PAID IN FULL TO THE
 COMMISSIONER  OR  THE  COMMISSIONER'S  DESIGNEE  WITHIN  SIXTY  DAYS  OF
 EXECUTION  OF  SUCH  AGREEMENT  BY  ALL  PARTIES  TO  THE AGREEMENT. ANY
 PAYMENTS MADE PURSUANT TO AGREEMENTS ENTERED  INTO  IN  ACCORDANCE  WITH
 THIS PARAGRAPH SHALL BE DEEMED TO BE IN FULL SATISFACTION OF ANY LIABIL
 ITY ARISING UNDER THIS SUBDIVISION, AS REFERENCED IN SUCH AGREEMENTS AND
 FOR THE TIME PERIODS COVERED BY SUCH AGREEMENTS, PROVIDED, HOWEVER, THAT
 THE  COMMISSIONER  MAY  AUDIT FUTURE RETROACTIVE ADJUSTMENTS TO PAYMENTS
 MADE FOR SUCH PERIODS BASED ON REPORTS FILED BY HOSPITALS SUBSEQUENT  TO
 SUCH AGREEMENTS.
 

S  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2011 amending the public  health  law
 relating  to authorizing the commissioner of health to extend the use of
 audit findings to subsequent un-audited periods with regard to  payments
 to  patient  service  providers  and  assessments  on  covered  lives as
 proposed in legislative bills numbers S. 5553 and A. 8085 takes  effect;
 provided  that  the  amendments  to  paragraph (f) of subdivision 8-a of
 section 2807-j of the public health law, made by  section  one  of  this
 act,  shall  not  affect the expiration of such section and shall expire
 therewith; provided, further, that the amendments to  paragraph  (f)  of
 
       S. 5705                             3
 subdivision  10  of  section  2807-t  of  the public health law, made by
 section two of this act, shall not affect the expiration of such section
 and shall expire therewith.

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