Section 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.