§ 2807-d-1. Hospital quality contributions. 1. Notwithstanding any
contrary provision of law and subject to the receipt of all necessary
federal approvals or waivers, for periods on and after July first, two
thousand eleven, a quality contribution shall be imposed on the
inpatient revenue of each general hospital that is received for the
provision of inpatient obstetrical patient care services in an amount
equal to one and six-tenths percent of such revenue, as defined in
accordance with paragraph (a) of subdivision three of section
twenty-eight hundred seven-d of this article, provided, however, that in
the event the commissioner, in consultation with the director of the
budget, determines that such quality contribution shall raise less than
or more than the total quality collection amount set forth in
subdivision two of this section, the commissioner, in consultation with
the director of the budget, may promulgate regulations, and may
promulgate emergency regulations, increasing or decreasing such quality
contributions by amounts sufficient to ensure the collection of such
annual quality contribution amount.

2. The annual quality contribution amount referenced in subdivision
one of this section shall be thirty million dollars for the state fiscal
year beginning April first, two thousand eleven, and for each subsequent
state fiscal year thereafter it shall be the amount of the preceding
year as increased by the ten year rolling average of the medical
component of the consumer price index as published by the United States
department of labor, bureau of labor statistics, for the preceding ten
years.

3. The quality contributions described in this section shall be
administered in accordance with and subject to the provisions of
subdivisions four, five, six, seven, eight and twelve of section
twenty-eight hundred seven-d of this article, provided, however, that
such quality contributions shall be deposited in the HCRA resources fund
as established pursuant to section ninety-two-dd of the state finance
law; and provided further, however, that such contributions shall not be
an allowable cost in the determination of reimbursement rates of payment
computed pursuant to this article.