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
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
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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