S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4644
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
   on Health
 
 AN ACT in relation to exempting monthly assessments due from residential
   health  facilities  located in any area designated as a Health Profes-
   sional Shortage Area or serving a medically underserved population and
   experiencing a medical  assistance  utilization  rate  of  eighty-five
   percent  or greater from interest or penalties for any period prior to
   October 1, 2020
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Notwithstanding any provision of law, rule or regulation to
 the contrary, monthly assessments due for any period prior to October 1,
 2020,  from residential health facilities located in any area designated
 as a Health Professional Shortage Area or  serving  a  medically  under-
 served population and experiencing a medical assistance utilization rate
 of  eighty-five percent or greater as appropriately reported pursuant to
 section 2807-d of the public health law on or before December 31,  2020,
 shall  not  be subject to interest or penalties as otherwise provided in
 such section 2807-d; provided, however, that the residential health care
 facility must either pay such amounts or enter into a  repayment  agree-
 ment for said amount with the commissioner of health under terms accept-
 able to such commissioner on or before March 31, 2021; provided further,
 however,  that  with  regard  to  all  assessment,  interest and penalty
 amounts collected by the commissioner of health by the effective date of
 this act the interest and penalty provisions of section  2807-d  of  the
 public health law shall remain in full force and effect and such amounts
 collected  shall not be subject to further reconciliation or adjustment.
 Health Professional Shortage Areas and medically underserved populations
 shall be established based  on  designations  of  areas  as  such  under
 section  3320(b)(3)  of the Federal Public Health Service Act as amended
 by the Health Care Safety Net Amendments of 2002, Public Law 107-251 and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00611-01-9

 A. 4644                             2
 
 shall include those areas designated by  the  secretary  of  health  and
 human  services  as an area with a shortage of personal health services,
 or a population group designated by the commissioner of  health as being
 underserved in the area of residential health care facility services.
   § 2. This act shall take effect immediately.