New York Consolidated Laws, Public Health Law - PBH § 12-d. Filing of certain information by medical facilities

1. In the event a medical facility fails to file the required financial and statistical reports, or specific additional data related to the rate setting process, on or before the prescribed due dates, or as the same may be extended by the commissioner, the commissioner shall reduce the current rate established for payments by governmental agencies by up to two percent for a period beginning on the first day of the calendar month following the original due date of the required reports or additional data and continuing until the last day of the calendar month in which said reports or data are filed.

2. If the financial and statistical reports required by this section are determined by the commissioner to be incomplete, inaccurate or incorrect, the medical facility will have thirty days from the date of receipt of notification to provide the corrected or additional data.  Failure to file the corrected or additional data that was previously required within such thirty day period, or as the same may be extended by the commissioner, shall result in a reduction of the current rate in accordance with subdivision one of this section.

3. For purposes of this section, “specific additional data related to the rate setting process”, shall mean those for use in a wage geographic differential survey, a peer grouping data survey and a medical supplies survey and a malpractice insurance survey, as well as other information intended for use in establishing rates.  The commissioner shall supply each medical facility with preliminary information concerning the data that will be required prior to the start of each rate period.  Failure to file such additional data within thirty days from the date of receipt of notification to supply such information, or as the same may be extended by the commissioner, shall result in a reduction of the current rate in accordance with subdivision one of this section.

4. For the purposes of this section, “medical facility” shall mean a residential health care facility, general hospital, free-standing ambulatory care facility, diagnostic and/or treatment center and clinic authorized under article twenty-eight of this chapter, and a certified home health agency and long term home health care program authorized under article thirty-six of this chapter.


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