A. 8642 2
unfair manner. They are levied on employees and their employers who are
doing the right thing by providing employer-based health benefits.
Employers who provide no health benefits to hourly workers, including
some of the largest employers in the state, pay nothing.
It is therefore the intent of the legislature that these HCRA taxes be
repealed and replaced so as to maintain the revenue needed to continue
all of the public goods services currently provided under HCRA, includ-
ing but not limited to indigent care grants, subsidies to medical malp-
ractice insurers, and the creation of a diverse pool of physicians in
training. Repeal of the current HCRA taxes may only occur in connection
with the preservation of all the public goods.
§ 3. Subparagraph (i) of paragraph (b) and paragraphs (c), (d) and (e)
of subdivision 2 of section 2807-j of the public health law, as amended
by section 50 of part B of chapter 58 of the laws of 2009, are amended
to read as follows:
(i) the sum of (A) eight and eighteen-hundredths percent, provided,
however, that for services provided on and after July first, two thou-
sand three, the percentage shall be eight and eighty-five hundredths
percent, and further provided that for services provided on and after
January first, two thousand six, the percentage shall be eight and nine-
ty-five hundredths percent, and further provided that for services
provided on and after April first, two thousand nine, the percentage
shall be nine and sixty-three hundredths percent, AND PROVIDED THAT FOR
SERVICES PROVIDED ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-SIX, THE
PERCENTAGE SHALL BE ZERO PERCENT, plus (B) twenty-four percent,
provided, however, that for services provided on and after July first,
two thousand three, the percentage shall be twenty-five and ninety-seven
hundredths percent, and further provided that for services provided on
and after January first, two thousand six, the percentage shall be twen-
ty-six and twenty-six hundredths percent, and further provided that for
services provided on and after April first, two thousand nine, the
percentage shall be twenty-eight and twenty-seven hundredths percent,
AND PROVIDED THAT FOR SERVICES PROVIDED ON AND AFTER APRIL FIRST, TWO
THOUSAND TWENTY-SIX, THE PERCENTAGE SHALL BE ZERO PERCENT, and plus (C)
for a specified third-party payor as defined in subdivision one-a of
section twenty-eight hundred seven-s of this article the percentage
allowance applicable for a general hospital for inpatient hospital
services pursuant to subdivision two of section twenty-eight hundred
seven-s of this article;
(c) If an election in accordance with subdivision five of this section
is in effect for a third-party payor and in addition in accordance with
section twenty-eight hundred seven-t of this article for a specified
third-party payor, the total percentage allowance factor shall be
reduced to eight and eighteen-hundredths percent, provided, however,
that for services provided on and after July first, two thousand three
the total percentage allowance factor shall be reduced to eight and
eighty-five hundredths percent, and further provided that for services
provided on and after January first, two thousand six, the total
percentage allowance factor shall be reduced to eight and ninety-five
hundredths percent, and further provided that for services provided on
and after April first, two thousand nine, the total percentage allowance
factor shall be reduced to nine and sixty-three hundredths percent, AND
FURTHER PROVIDED THAT FOR SERVICES PROVIDED ON AND AFTER APRIL FIRST,
TWO THOUSAND TWENTY-SIX, THE TOTAL PERCENTAGE ALLOWANCE FACTOR SHALL BE
ZERO PERCENT.
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(d) The total percentage allowance for payments by governmental agen-
cies, as determined in accordance with paragraphs (a) and (a-1) of
subdivision one of section twenty-eight hundred seven-c of this article
as in effect on December thirty-first, nineteen hundred ninety-six, or
health maintenance organizations for services provided to subscribers
eligible for medical assistance pursuant to title eleven of article five
of the social services law, or approved organizations for services
provided to subscribers eligible for the family health plus program
pursuant to title eleven-D of article five of the social services law,
shall be five and ninety-eight-hundredths percent, provided, however,
that for services provided on and after July first, two thousand three
the total percentage allowance shall be six and forty-seven hundredths
percent, and further provided that for services provided on and after
January first, two thousand six, the total percentage allowance shall be
six and fifty-four hundredths percent, and further provided that for
services provided on and after April first, two thousand nine, the total
percentage allowance shall be seven and four hundredths percent, AND
FURTHER PROVIDED THAT FOR SERVICES PROVIDED ON AND AFTER APRIL FIRST,
TWO THOUSAND TWENTY-SIX, THE TOTAL PERCENTAGE ALLOWANCE SHALL BE ZERO
PERCENT, EXCEPT THAT AN ENTITY COVERED BY PARAGRAPH A OF SUBDIVISION ONE
OF SECTION TWENTY-EIGHT HUNDRED SEVEN-C OF THIS ARTICLE MAY CHOOSE
WHETHER TO APPLY SURCHARGES AND ASSESSMENTS PURSUANT TO THIS SECTION TO
ITS OWN HEALTH BENEFITS AND SERVICES PROVIDED FOR ITS OWN EMPLOYEES AND
THEIR COVERED LIVES OR TO HEALTH MAINTENANCE ORGANIZATIONS FOR SERVICES
PROVIDED TO SUBSCRIBERS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO
TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW, OR APPROVED
ORGANIZATIONS FOR SERVICES PROVIDED TO SUBSCRIBERS ELIGIBLE FOR THE
FAMILY HEALTH PLUS PROGRAM PURSUANT TO TITLE ELEVEN-D OF ARTICLE FIVE OF
THE SOCIAL SERVICES LAW.
(e) The total percentage allowance for payments for services provided
by designated providers of services for which there is no third-party
coverage in whole or in part shall be eight and eighteen-hundredths
percent, provided, however, that for services provided on and after July
first, two thousand three the total percentage allowance shall be eight
and eighty-five hundredths percent, and further provided that for
services provided on and after January first, two thousand six, the
total percentage allowance shall be eight and ninety-five hundredths
percent, and further provided that for services provided on and after
April first, two thousand nine, the total percentage allowance shall be
nine and sixty-three hundredths percent, AND FURTHER PROVIDED THAT FOR
SERVICES PROVIDED ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-SIX, THE
TOTAL PERCENTAGE ALLOWANCE SHALL BE ZERO PERCENT. This paragraph shall
not apply to patient deductibles and coinsurance amounts.
§ 4. Subparagraph (iv) of paragraph (c) of subdivision 2 of section
2807-s of the public health law, as added by section 21 of part A of
chapter 58 of the laws of 2007, is amended to read as follows:
(iv) The regional percentage allowance for [periods on and after] July
first, two thousand seven THROUGH MARCH THIRTIETH, TWO THOUSAND TWENTY-
SIX, for all general hospitals in the region applicable to specified
third-party payors, and applicable to related patient coinsurance and
deductible amounts, shall be the same regional percentage allowance
calculated pursuant to subparagraph (iii) of this paragraph for the
period January first, two thousand six through June thirtieth, two thou-
sand seven.
§ 5. The tax law is amended by adding a new section 1510-a to read as
follows:
A. 8642 4
§ 1510-A. PUBLIC GOODS SURCHARGE ON INSURANCE CORPORATIONS. (A) BEGIN-
NING ON APRIL FIRST, TWO THOUSAND TWENTY-SIX AND EXPIRING ON MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-NINE, IN ADDITION TO ANY TAXES IMPOSED ON
INSURANCE CORPORATIONS PURSUANT TO SECTION FIFTEEN HUNDRED TEN OF THIS
ARTICLE, AND EXCEPT AS HEREINAFTER PROVIDED, FOR TAXABLE YEARS BEGINNING
JANUARY FIRST, TWO THOUSAND TWENTY-SIX, EVERY DOMESTIC INSURANCE CORPO-
RATION, EVERY FOREIGN INSURANCE CORPORATION, AND EVERY ALIEN INSURANCE
CORPORATION, OTHER THAN SUCH CORPORATIONS TRANSACTING THE BUSINESS OF
LIFE INSURANCE, WHICH ARE (1) AUTHORIZED TO TRANSACT BUSINESS IN THIS
STATE UNDER A CERTIFICATE OF AUTHORITY FROM THE SUPERINTENDENT OF FINAN-
CIAL SERVICES OR (2) A RISK RETENTION GROUP AS DEFINED IN SUBSECTION (N)
OF SECTION FIVE THOUSAND NINE HUNDRED TWO OF THE INSURANCE LAW, SHALL,
TO SUPPORT THE PROVISION OF PUBLIC GOODS PROVIDED FOR IN SECTIONS TWEN-
TY-EIGHT HUNDRED SEVEN-L, TWENTY-EIGHT HUNDRED SEVEN-M, AND TWENTY-EIGHT
HUNDRED SEVEN-V OF THE PUBLIC HEALTH LAW AND FOR THE PRIVILEGE OF EXER-
CISING CORPORATE FRANCHISES OR FOR CARRYING ON BUSINESS IN A CORPORATE
OR ORGANIZED CAPACITY WITHIN THIS STATE, AND IN ADDITION TO ANY OTHER
TAXES IMPOSED FOR SUCH PRIVILEGE, PAY A SURCHARGE ON THE TAX LIABILITY
OWED FOR ALL GROSS DIRECT PREMIUMS, LESS RETURN PREMIUMS THEREON, WRIT-
TEN ON RISKS LOCATED OR RESIDENT IN THIS STATE.
(B) THE RATE OF THE SURCHARGE IMPOSED BY THIS SECTION SHALL BE TEN AND
TWO-TENTHS PERCENT ON THE TAX LIABILITY OWED FOR ALL GROSS DIRECT PREMI-
UMS, LESS RETURN PREMIUMS THEREON, WRITTEN ON RISKS LOCATED OR RESIDENT
IN THIS STATE, EXCEPT THAT FOR ANY EMPLOYER THAT CONTRIBUTES FOR EMPLOY-
EE HEALTH BENEFITS IN ANY MANNER AND IS SUBJECT TO THE SURCHARGE UNDER
THIS SECTION THAT OFFERS OR PROVIDES SUCH HEALTH BENEFITS TO ITS EMPLOY-
EES THAT WOULD BE EQUIVALENT TO AT LEAST A BRONZE LEVEL PLAN PROVIDED
FOR BY THE PATIENT PROTECTION AND AFFORDABLE CARE ACT, THE RATE OF THE
SURCHARGE SHALL INSTEAD BE FIVE AND FOUR-TENTHS PERCENT.
§ 6. The tax law is amended by adding a new section 220 to read as
follows:
§ 220. PUBLIC GOODS SURCHARGE ON BUSINESS CORPORATIONS. 1. EXCEPT FOR
EMPLOYERS OF FEWER THAN FIFTY EMPLOYEES OR FULL TIME EQUIVALENTS IN A
CALENDAR YEAR, BEGINNING ON APRIL FIRST, TWO THOUSAND TWENTY-SIX AND
EXPIRING ON MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-NINE, AND AS HEREIN-
AFTER PROVIDED, FOR TAXABLE YEARS BEGINNING JANUARY FIRST, TWO THOUSAND
TWENTY-SIX, AND EXCEPT FOR CORPORATIONS TAXED PURSUANT TO SECTION
FIFTEEN HUNDRED TEN-A OF THIS CHAPTER, EVERY DOMESTIC CORPORATION, EVERY
FOREIGN CORPORATION AND EVERY ALIEN CORPORATION AUTHORIZED TO TRANSACT
BUSINESS IN THIS STATE UNDER A CERTIFICATE OF AUTHORITY FROM THE SECRE-
TARY OF STATE SHALL, TO SUPPORT THE PROVISION OF PUBLIC GOODS PROVIDED
FOR IN SECTIONS TWENTY-EIGHT HUNDRED SEVEN-L, TWENTY-EIGHT HUNDRED
SEVEN-M, AND TWENTY-EIGHT HUNDRED SEVEN-V OF THE PUBLIC HEALTH LAW AND
FOR THE PRIVILEGE OF EXERCISING CORPORATE FRANCHISES OR FOR CARRYING ON
BUSINESS IN A CORPORATE OR ORGANIZED CAPACITY WITHIN THIS STATE, AND IN
ADDITION TO ANY OTHER TAXES IMPOSED FOR SUCH PRIVILEGE, PAY A FRANCHISE
TAX SURCHARGE, UPON THE BASIS OF ITS BUSINESS INCOME BASE, OR UPON SUCH
OTHER BASIS AS MAY BE APPLICABLE AS PROVIDED BY THIS ARTICLE.
2. IN ADDITION TO ANY TAX IMPOSED, THERE SHALL BE A SURCHARGE OF TEN
AND TWO-TENTHS PERCENT, UPON THE TAX LIABILITY PROVIDED BY THIS ARTICLE,
EXCEPT THAT FOR ANY EMPLOYER THAT CONTRIBUTES FOR EMPLOYEE HEALTH BENE-
FITS IN ANY MANNER AND IS SUBJECT TO THE SURCHARGE UNDER THIS SECTION
THAT OFFERS OR PROVIDES SUCH HEALTH BENEFITS TO ITS EMPLOYEES THAT WOULD
BE EQUIVALENT TO AT LEAST A BRONZE LEVEL PLAN PROVIDED FOR BY THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT, THE RATE OF SURCHARGE SHALL
INSTEAD BE FIVE AND FOUR-TENTHS PERCENT.
A. 8642 5
§ 7. The tax law is amended by adding a new section 866-a to read as
follows:
§ 866-A. PUBLIC GOODS SURCHARGE ON PASS-THROUGH ENTITIES. (A) ANY
ENTITY ELECTING TO BE TAXED PURSUANT TO THIS ARTICLE SHALL, TO SUPPORT
THE PROVISION OF PUBLIC GOODS PROVIDED FOR IN SECTIONS TWENTY-EIGHT
HUNDRED SEVEN-L, TWENTY-EIGHT HUNDRED SEVEN-M, AND TWENTY-EIGHT HUNDRED
SEVEN-V OF THE PUBLIC HEALTH LAW AND FOR THE PRIVILEGE OF EXERCISING
CORPORATE FRANCHISES OR FOR CARRYING ON BUSINESS IN A CORPORATE OR
ORGANIZED CAPACITY WITHIN THIS STATE, AND IN ADDITION TO ANY OTHER TAXES
IMPOSED FOR SUCH PRIVILEGE, PAY A SURCHARGE UPON THE BASIS OF ITS BUSI-
NESS INCOME BASE, EXCLUDING INCOME CREDITED PURSUANT TO SECTION EIGHT
HUNDRED SIXTY-THREE OF THIS ARTICLE, OR UPON SUCH OTHER BASIS AS MAY BE
APPLICABLE AS PROVIDED BY THIS ARTICLE.
(B) IN ADDITION TO ANY TAX IMPOSED, THERE SHALL BE A SURCHARGE OF TEN
AND TWO-TENTHS PERCENT UPON THE TAX LIABILITY PROVIDED BY THIS ARTICLE.
ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX, FOR ANY EMPLOYER
THAT CONTRIBUTES FOR EMPLOYEE HEALTH BENEFITS IN ANY MANNER AND IS
SUBJECT TO THE SURCHARGE UNDER THIS SECTION THAT OFFERS OR PROVIDES SUCH
HEALTH BENEFITS TO ITS EMPLOYEES THAT WOULD BE EQUIVALENT TO AT LEAST A
BRONZE LEVEL PLAN PROVIDED FOR BY THE PATIENT PROTECTION AND AFFORDABLE
CARE ACT, THE RATE OF SURCHARGE SHALL INSTEAD BE FIVE AND FOUR-TENTHS
PERCENT.
§ 8. Paragraph 3 of subsection (c) of section 658 of the tax law, as
amended by section 1 of part H1 of chapter 57 of the laws of 2009,
subparagraph (A) as amended by section 13 of part Q of chapter 60 of the
laws of 2016, and subparagraph (E) as added by section 13 of part S of
chapter 59 of the laws of 2015, is amended to read as follows:
(3) Filing fees. (A) Every subchapter K limited liability company,
every limited liability company that is a disregarded entity for federal
income tax purposes, and every partnership which has any income derived
from New York sources, determined in accordance with the applicable
rules of section six hundred thirty-one of this article as in the case
of a nonresident individual, shall on or before the fifteenth day of the
third month following the close of each taxable year make a payment of a
filing fee AND FILING FEE SURCHARGE. The amount of the filing fee [is]
AND FILING FEE SURCHARGE ARE the [amount] AMOUNTS set forth in subpara-
graph (B) of this paragraph. The minimum filing fee is twenty-five
dollars for taxable years beginning in two thousand eight and thereaft-
er. Limited liability companies that are disregarded entities for feder-
al income tax purposes must pay a filing fee of twenty-five dollars for
taxable years beginning on or after January first, two thousand eight.
(B) (I) The filing fee AND FILING FEE SURCHARGE will be based on the
New York source gross income of the limited liability company or part-
nership for the taxable year immediately preceding the taxable year for
which the fee is due. If the limited liability company or partnership
does not have any New York source gross income for the taxable year
immediately preceding the taxable year for which the fee is due, the
limited liability company or partnership shall pay the minimum filing
fee. Partnerships, other than limited liability partnerships under arti-
cle eight-B of the partnership law and foreign limited liability part-
nerships, with less than one million dollars in New York source gross
income are exempt from the filing fee. New York source gross income is
the sum of the partners' or members' shares of federal gross income from
the partnership or limited liability company derived from or connected
with New York sources, determined in accordance with the provisions of
section six hundred thirty-one of this article as if those provisions
A. 8642 6
and any related provisions expressly referred to a computation of feder-
al gross income from New York sources. For this purpose, federal gross
income is computed without any allowance or deduction for cost of goods
sold.
(II) The amount of the filing fee for taxable years beginning on or
after January first, two thousand eight will be determined in accordance
with the following table:
If the New York source gross income is: The fee is:
not more than $100,000 $25
more than $100,000 but not over $250,000 $50
more than $250,000 but not over $500,000 $175
more than $500,000 but not over $1,000,000 $500
more than $1,000,000 but not over $5,000,000 $1,500
more than $5,000,000 but not over $25,000,000 $3,000
Over $25,000,000 $4,500
(III) THE AMOUNT OF THE FILING FEE SURCHARGE FOR TAXABLE YEARS BEGIN-
NING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX WILL BE DETER-
MINED IN ACCORDANCE WITH THE FOLLOWING TABLE:
IF THE NEW YORK SOURCE GROSS INCOME IS: THE SURCHARGE IS:
NOT MORE THAN $1,000,000 $0
MORE THAN $1,000,000 BUT NOT OVER $5,000,000 $1,000
MORE THAN $5,000,000 BUT NOT OVER $10,000,000 $4,000
MORE THAN $10,000,000 BUT NOT OVER $25,000,000 $10,000
MORE THAN $25,000,000 BUT NOT OVER $100,000,000 $35,000
MORE THAN $100,000,000 BUT NOT OVER $500,000,000 $175,000
MORE THAN $500,000,000 BUT NOT OVER $1,000,000,000 $450,000
OVER $1,000,000,000 $1,200,000
(C) No credits provided by this article may be taken against the fee
OR SURCHARGE imposed by this paragraph.
(D) Where the filing fee OR SURCHARGE is not timely paid, it shall be
paid upon notice and demand and shall be assessed, collected and paid in
the same manner as taxes, and for those purposes any reference in this
article to tax imposed by this article shall be deemed also to refer to
this filing fee AND SURCHARGE.
(E) Notwithstanding the provisions of subsection (e) of section six
hundred ninety-seven of this article, the commissioner shall provide the
statements and other required information included on the filing fee AND
SURCHARGE payment form under section three hundred one of the limited
liability company law, subdivision (g) of section 121-1500 of the part-
nership law, and subdivision (f) of section 121-1502 of the partnership
law, to the secretary of state for filing. Such provision may also
include a copy or image of that portion of the report solely pertinent
to such information to the extent feasible. The commissioner may also
provide information on noncompliance.
(F) THE FILING FEE SURCHARGE SET FORTH IN CLAUSE (III) OF SUBPARAGRAPH
(B) OF THIS PARAGRAPH SHALL BE COLLECTED FOR THE PURPOSE OF SUPPORTING
THE PROVISION OF PUBLIC GOODS PROVIDED FOR IN SECTIONS TWENTY-EIGHT
HUNDRED SEVEN-L, TWENTY-EIGHT HUNDRED SEVEN-M AND TWENTY-EIGHT HUNDRED
SEVEN-V OF THE PUBLIC HEALTH LAW.
§ 9. Subdivision (a) of section 92-dd of the state finance law, as
amended by section 2 of part UU of chapter 59 of the laws of 2019, is
amended to read as follows:
A. 8642 7
(a) On and after April first, two thousand five, such fund shall
consist of the revenues heretofore and hereafter collected or required
to be deposited pursuant to paragraph (a) of subdivision eighteen of
section twenty-eight hundred seven-c, and sections twenty-eight hundred
seven-j, twenty-eight hundred seven-s and twenty-eight hundred seven-t
of the public health law, subdivision (b) of section four hundred eight-
y-two, CLAUSE (III) OF SUBPARAGRAPH (B) OF PARAGRAPH THREE OF SUBSECTION
(C) OF SECTION SIX HUNDRED FIFTY-EIGHT and [section] SECTIONS FIFTEEN
HUNDRED TEN-A, TWO HUNDRED TWENTY, EIGHT HUNDRED SIXTY-SIX-A AND eleven
hundred eighty-six of the tax law and required to be credited to the
tobacco control and insurance initiatives pool, subparagraph (O) of
paragraph four of subsection (j) of section four thousand three hundred
one of the insurance law, section twenty-seven of part A of chapter one
of the laws of two thousand two and all other moneys credited or trans-
ferred thereto from any other fund or source pursuant to law.
§ 10. This act shall take effect April 1, 2026; provided, however,
that the amendments to section 2807-j of the public health law made by
section three of this act shall not affect the expiration of such
section and shall expire and be deemed repealed therewith; and provided
further, however, that the amendments to section 2807-s of the public
health law made by section four of this act shall not affect the expira-
tion of such section and shall expire and be deemed repealed therewith.