§ 97-x. Statewide planning and research cooperative system; assessment
of annual fees on general hospitals. 1. Each general hospital shall be
assessed an annual fee by the commissioner of health calculated on the
basis of its proportionate share of the sum of total costs reported by
all general hospitals in the most recent calendar year for which
certified data are available. Such fee shall not exceed one-tenth of one
percent of the total costs reported by such general hospital. Where
rates of payment for general hospital services established pursuant to
section twenty-eight hundred seven-a of the public health law or
pursuant to section twenty-eight hundred seven-c of the public health
law have not been adjusted to reflect the proportionate share of costs
associated with such annual fee, rates shall be so adjusted. The
commissioner of health shall promulgate regulations establishing a time
schedule for payment of annual fees assessed on general hospitals. The
commissioner of health shall charge a user fee for the production of any
data to any person or organization, provided, however, that the
commissioner of health may waive such fee for the provision of reports,
to be defined in regulation, to a general hospital or its designee as
approved by the commissioner of health or third-party payor or health
systems agency to perform duties and functions provided for in
subdivision seven, excluding paragraph (s) of such subdivision, of
section twenty-nine hundred four-b of the public health law.
Notwithstanding any inconsistent provisions of any general or special
law, charges established pursuant to subdivision twelve of section
twenty-eight hundred seven-a of the public health law or pursuant to
paragraph (c) of subdivision one of section twenty-eight hundred seven-c
of the public health law shall be permitted to increase to reflect
increased costs resulting from the proportionate cost of the annual fees
assessed pursuant to this subdivision.

2. The sum of annual fees collected from general hospitals and user
fees shall be sufficient to provide all monies necessary to repay any
monies which may be appropriated to support the statewide planning and
research cooperative system, established under section two thousand
eight hundred sixteen of the public health law, in the manner provided
by law, provided, however, that such fees may be adjusted at any time in
the event that monies received exceed the appropriation. In the event
that monies available are not sufficient to fully make such repayments,
the commissioner of health shall, after notification and subsequent
consultation with the state hospital review and planning council and
subject to the approval of the director of the budget, modify, amend,
alter or otherwise adjust the scope of the activities undertaken and/or
the manner in which the activities are undertaken, or to the extent
allowed by law, after notification of and subsequent consultation with
the state hospital review and planning council and subject to the
approval of the director of the budget, modify, amend, alter or
otherwise adjust the fees assessed on general hospitals, within the
percent limitation set forth above, such that monies will be available
to make all necessary repayments. Whenever an adjustment in the annual
fee assessed on general hospitals is made, reimbursement rates shall
also be adjusted to reflect the increase or decrease in cost associated
with the annual fee.

3. The commissioner of health shall consult with the state hospital
review and planning council regarding the operation and continued
development of the statewide planning and research cooperative system.

4. Notwithstanding any inconsistent provision of this section, general
hospitals shall not be liable for payment of an allocable share of the
annual fees applicable on or after January first, nineteen hundred
eighty-eight based on services provided to persons eligible for payments
by state governmental agencies and rates of payment for state
governmental agencies established pursuant to section twenty-eight
hundred seven-c of the public health law shall not be adjusted to
reflect costs associated with the annual fees, provided, however, solely
for purposes of the calculations pursuant to subdivision two of this
section annual fees collected from general hospitals shall be deemed to
include the amount of the allocable share of such annual fees for which
the hospital is not liable for payment pursuant to this subdivision.