Letter to Administrator/Controller regarding Health Facility Cash Assessment Program

April 28, 2009

Dear Administrator/Controller:

This letter is to formally advise you that the Health Facility Cash Receipts Assessment Program has been reenacted for Article 28 General Hospitals, Article 36 Certified Home Health Agencies, Article 36 Long Term Home Health Care Programs and Personal Care Service Providers that have a current contract with a local Social Services District for the delivery of personal care services pursuant to Section 367-i of the Social Service Law.

Chapter 58 of the Laws of 2009 requires designated providers to pay an assessment on cash operating receipts commencing April 1, 2009, following the enclosed instructions and in accordance with the enclosed Cash Receipts Assessment Program Filing Schedule. A separate monthly cash assessment report must be filed for each of the above noted service categories, even if there are no assessable cash receipts for the reporting month. Failure to comply with this schedule will result in the mandated imposition of applicable interest and penalty charges.

Section 2807-d of the PHL requires that interest and penalty be charged when monthly payments are submitted after the required due date. When payment made for a month to which an assessment applies is less than ninety percent (90%) of the actual amount due for such month, interest is charged at a rate of twelve percent (12%) per annum on the difference between the amount paid and the amount due. Interest is calculated from the day of the month the payment was due until the date of payment. If the monthly payment is less than seventy percent (70%) of the actual amount due for such month, a five percent (5%) monthly penalty is also charged on the difference between the amount paid and the amount due for such month, up to a maximum twenty-five percent (25%).

Failure to comply with required monthly payment obligations will result in recoupment of established amounts due from your Medicaid claims cycle checks issued by the State. Provisions of Section 2807-d of the Public Health Law requires that delinquent amounts which have been referred for recoupment from your Medicaid claims cycle checks or to the Office of the Attorney General for collection, shall be deemed final and not subject to further revision or reconciliation.

All affected providers must submit their Health Facility Cash Receipts Assessment reports electronically through a website application that will be available by April 30, 2009 at www.hcrapools.org. To file electronically, you must first establish an electronic filing account with the Office of Pool Administration (OPA) and be assigned a secure User ID and password. You cannot access the web application to electronically file and/or electronically sign the report until you have both a User ID and Password.

If you wish to learn more about electronic filing, you can call the OPA's electronic filing help desk at (315) 671-3800 or contact them through e-mail at webpools@hcrapools.org. If you should have any other questions, please contact our Health Facility Cash Assessment Unit at (518) 474-1673.

Sincerely,

John E. Ulberg, Jr.
Director
Division of Health Care Financing