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