Bill Text: NY A10103 | 2011-2012 | General Assembly | Introduced

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Bill Title: Waives interest and penalties due on surcharges and assessments due prior to January 1, 2012, relating to payments to health care providers.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2012-08-02 - tabled [A10103 Detail]

Download: New_York-2011-A10103-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10103
                                 I N  A S S E M B L Y
                                      May 4, 2012
                                      ___________
       Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
         Committee on Ways and Means
       AN ACT to amend chapter 58 of the laws  of  2010,  amending  the  public
         health  law  relating  to audits for service providers, in relation to
         interest and penalties on certain surcharges and assessments due prior
         to January 1, 2012
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  18  of part B of chapter 58 of the laws of 2010,
    2  amending the public health law relating to audits of service  providers,
    3  as amended by section 67 of part H of chapter 59 of the laws of 2011, is
    4  amended to read as follows:
    5    S  18.  Notwithstanding  any contrary provision of law, surcharges and
    6  assessments due and owing pursuant to sections 2807-j, 2807-s and 2807-t
    7  of the public health law for any period prior to January 1, [2011] 2012,
    8  which are paid and accompanied by all required  reports  and  which  are
    9  received  on  or before December 31, [2011] 2012 shall not be subject to
   10  interest or penalties as otherwise provided in such sections,  provided,
   11  however,  that  such  reports  may  be  based on estimates by payors and
   12  designated providers of services of the amounts owed, subject to  subse-
   13  quent  audit  by the commissioner of health or the commissioner's desig-
   14  nee, and provided further, however, with regard to all principal, inter-
   15  est and penalty amounts collected by the commissioner of health prior to
   16  the effective date of this  act,  the  penalty  provisions  of  sections
   17  2807-j,  2807-s and 2807-t of the public health law shall remain in full
   18  force and effect and such amounts collected  shall  not  be  subject  to
   19  further  adjustment  pursuant  to  this  section,  and provided further,
   20  however, that payments of principal amounts of  surcharges  and  assess-
   21  ments  which  were paid late and received prior to the effective date of
   22  this provision, and in regard to which interest and penalty amounts have
   23  not been collected, shall not be subject to such interest and penalties,
   24  and provided, further, however, that  the  provisions  of  this  section
   25  shall  not  apply  to delinquent amounts which have been referred by the
   26  commissioner  of  health  for  recoupment  or   collection   proceeding.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15541-01-2
       A. 10103                            2
    1  Furthermore,  the  provisions  of  this  section  shall not apply to any
    2  surcharge or assessment payments made in response to a final audit find-
    3  ing issued by the commissioner of health or the commissioner's designee.
    4    S 2. This act shall take effect immediately.