Statutory Changes to New York Health Care Reform Act (HCRA) of 2000

April 15, 2011

Dear Payor/Provider:

This provides a summary of a statutory change made to the HCRA as part of the recently enacted 2011-2012 State Fiscal Year Budget. The change is as follows:

  • New Amnesty Provision for Resolution of Delinquent Pool Obligations for Reporting Periods through December 2010

A recently enacted amendment to the HCRA includes an amnesty provision, identical to the amnesty provision enacted in last year's 2010-2011 State Fiscal Year Budget, that again waives statutorily required interest and penalty if delinquent obligations due (based on estimated or actual amounts) under Public Health Law (PHL) § 2807-j, § 2807-s, and § 2807-t, for reporting periods prior to January 1, 2011, are filed and paid in full between the dates of April 1, 2011, and December 31, 2011. Modifications have been made to the 2010 and prior years' electronic reports to accept estimated or actual payments under this new provision.

The provision does not apply to the following:

  • 1% Statewide Assessment Program,
  • Any interest and penalty amount that has been paid to, or collected previously by the Department,
  • Any surcharge or assessment payments made in response to a final audit finding issued by the Department or its designee,
  • Any delinquent amount (whether estimated or actual) that has been referred for NYS Medicaid recoupment, or collection proceedings to the NYS Attorney General's Office.

Further information concerning the foregoing may be obtained from the "What´s New " section of our web site at www.nyhealth.gov/nysdoh/hcra/hcrahome.htm or by contacting a HCRA representative at (518) 474-1673.

Sincerely,

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