N.Y. PBH Law § 12-D

§ 12-d. Filing of certain information by medical facilities. 1. In\nthe event a medical facility fails to file the required financial and\nstatistical reports, or specific additional data related to the rate\nsetting process, on or before the prescribed due dates, or as the same\nmay be extended by the commissioner, the commissioner shall reduce the\ncurrent rate established for payments by governmental agencies by up to\ntwo percent for a period beginning on the first day of the calendar\nmonth following the original due date of the required reports or\nadditional data and continuing until the last day of the calendar month\nin which said reports or data are filed.\n 2. If the financial and statistical reports required by this section\nare determined by the commissioner to be incomplete, inaccurate or\nincorrect, the medical facility will have thirty days from the date of\nreceipt of notification to provide the corrected or additional data.\nFailure to file the corrected or additional data that was previously\nrequired within such thirty day period, or as the same may be extended\nby the commissioner, shall result in a reduction of the current rate in\naccordance with subdivision one of this section.\n 3. For purposes of this section, "specific additional data related to\nthe rate setting process", shall mean those for use in a wage geographic\ndifferential survey, a peer grouping data survey and a medical supplies\nsurvey and a malpractice insurance survey, as well as other information\nintended for use in establishing rates. The commissioner shall supply\neach medical facility with preliminary information concerning the data\nthat will be required prior to the start of each rate period. Failure\nto file such additional data within thirty days from the date of receipt\nof notification to supply such information, or as the same may be\nextended by the commissioner, shall result in a reduction of the current\nrate in accordance with subdivision one of this section.\n 4. For the purposes of this section, "medical facility" shall mean a\nresidential health care facility, general hospital, free-standing\nambulatory care facility, diagnostic and/or treatment center and clinic\nauthorized under article twenty-eight of this chapter, and a certified\nhome health agency and long term home health care program authorized\nunder article thirty-six of this chapter.\n