§ 410. Hospitals; reimbursement. No corporation organized and
operating in accordance with article forty-three of the insurance law,
organization operating in accordance with the provisions of article
forty-four of this chapter, commercial insurer licensed to do business
in this state and authorized to write accident and health insurance or
payor responsible for payments pursuant to the workers' compensation
law, the volunteer firefighters' benefit law, the volunteer ambulance
workers' benefit law or the comprehensive motor vehicle insurance
reparations act shall decline or refuse to make payments to a state
hospital in the department as enumerated in section four hundred three
of this chapter, in accordance with rates of payment established for
such payor pursuant to article twenty-eight of this chapter for such
hospital or hospital charges for services not covered by rates of
payment, for hospital or health-related services provided to
subscribers, beneficiaries, or enrolled members that would be a covered
service for which such payor would make payment if provided at a
voluntary non-profit hospital issued an operating certificate pursuant
to section twenty-eight hundred five of this chapter, or, for a payor
that provides for participating provider agreements, to enter into a
participating provider agreement with such state hospital.