Bill Text: NY A02812 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Relates to limiting certain penalties for failure to pay certain hospital assessments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-01 - held for consideration in health [A02812 Detail]

Download: New_York-2017-A02812-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2812
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by  M. of A. KOLB -- read once and referred to the Committee
          on Health
        AN ACT to amend the public health law,  in  relation  to  penalties  for
          failure to pay certain hospital assessments
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 8 of section 2807-d of the public  health  law,
     2  as added by chapter 938 of the laws of 1990, paragraph (a) as amended by
     3  section  24  of  subpart D of part V-1 of chapter 57 of the laws of 2009
     4  and paragraph (b) as amended by chapter 41  of  the  laws  of  1992,  is
     5  amended to read as follows:
     6    8. (a) If an estimated payment made for a month to which an assessment
     7  applies  is  less  than ninety percent of the actual amount due for such
     8  month, interest shall be due and payable  to  the  commissioner  on  the
     9  difference  between  the  amount paid and the amount due from the day of
    10  the month the estimated payment was due until the date of  payment.  The
    11  rate  of  interest  shall  be twelve percent per annum or at the rate of
    12  interest set by the commissioner of taxation and finance with respect to
    13  underpayments of tax pursuant to subsection (e) of section one  thousand
    14  ninety-six  of  the tax law minus four percentage points. Interest under
    15  this paragraph shall not be paid if the amount thereof is less than  one
    16  dollar.  Interest,  if not paid by the due date of the following month's
    17  estimated payment, may be collected  by  the  commissioner  pursuant  to
    18  paragraph  (c)  of subdivision six of this section in the same manner as
    19  an assessment pursuant to subdivision two of this section.
    20    (b) [If an estimated payment made for a month to which  an  assessment
    21  applies  is  less than seventy percent of the actual amount due for such
    22  month, a penalty shall be due and payable  to the commissioner  of  five
    23  percent   of  the  difference between the amount paid and the amount due
    24  for such month when the failure to pay is for a  duration  of  not  more
    25  than  one  month  after  the due date of the payment with  an additional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03192-01-7
        A. 2812                             2

     1  five percent for each additional month or  fraction thereof during which
     2  such failure continues, not exceeding twenty-five percent in the  aggre-
     3  gate.  A penalty may be collected by  the commissioner pursuant to para-
     4  graph  (c)  of  subdivision six of this section in the same manner as an
     5  assessment pursuant to subdivision two of this section.
     6    (c)] Overpayment by a  hospital  of  an  estimated  payment  shall  be
     7  applied  to  any  other  payment  due from the hospital pursuant to this
     8  section, or, if no payment is due, at the election of the hospital shall
     9  be applied to future estimated payments or  refunded  to  the  hospital.
    10  Interest  shall  be paid on overpayments from the date of overpayment to
    11  the date of crediting or refund at the  rate  determined  in  accordance
    12  with  paragraph  (a)  of this subdivision if the overpayment was made at
    13  the direction of the commissioner. Interest under this  paragraph  shall
    14  not be paid if the amount thereof is less than one dollar.
    15    § 2. This act shall take effect immediately.