§ 43.04 Provider of services assessments.\n 1. For purposes of this section, provider of services shall refer to\n(i) those providers as defined by subdivision five of section 1.03 of\nthis chapter which are licensed by the office for people with\ndevelopmental disabilities pursuant to article sixteen of this chapter\nas intermediate care facilities for individuals with developmental\ndisabilities, providers of day treatment services or specialty\nhospitals, except that on and after December first, nineteen hundred\nninety-seven, provider of services shall not include specialty\nhospitals, and (ii), for purposes of paragraph (c) of subdivision two of\nthis section only, the term provider of services, shall mean, and for\npurposes of this subdivision shall include, the office for people with\ndevelopmental disabilities as the operator of intermediate care\nfacilities for individuals with developmental disabilities. Providers of\nservices are charged assessments on their gross receipts received from\nservices and care related to intermediate care facilities, day treatment\nservices, or specialty hospitals until November thirtieth, nineteen\nhundred ninety-seven, for individuals with developmental disabilities\nand other operating income, less personal needs allowances and refunds,\non a cash basis in the percentage amounts and for the periods specified\nin subdivision two of this section. Such assessments shall be submitted\nby or on behalf of such providers of services to the commissioner of the\noffice for people with developmental disabilities or his or her\ndesignee.\n 2. (a) (i) For each provider of services in the categories of services\nset forth in subdivision one of this section located in Regions II and\nIII, as defined in the methodology established pursuant to paragraph\n(ii) of subdivision (c) of section 43.02 of this article, the assessment\nshall be six-tenths of one percent of each such provider of services'\ngross receipts received for all services rendered within such service\ncategories on a cash basis beginning January first, nineteen hundred\nninety-one.\n (ii) For each provider of services in the categories of services set\nforth in subdivision one of this section, excluding, on and after April\nfirst, nineteen hundred ninety-four, providers of day treatment\nservices, located in Regions II and III, as defined in the methodology\nestablished pursuant to paragraph (ii) of subdivision (c) of section\n43.02 of this article, an additional assessment shall be two and\nfour-tenths percent of each such provider of services' gross receipts\nreceived for all services rendered within such service categories on a\ncash basis beginning April first, nineteen hundred ninety-two; provided,\nhowever, such additional assessment shall be five and four-tenths\npercent of each such provider of services' gross receipts received for\nall services rendered within such service categories on a cash basis\nbeginning April first, nineteen hundred ninety-six and ending March\nthirty-first, nineteen hundred ninety-seven.\n (iii) For each provider of services in the categories of services set\nforth in subdivision one of this section, excluding, on and after April\nfirst, nineteen hundred ninety-four, providers of day treatment\nservices, located in Regions II and III, as defined in the methodology\nestablished pursuant to paragraph (ii) of subdivision (c) of section\n43.02 of this article, notwithstanding any other provision of this\nparagraph, the total assessment shall be six percent of each such\nprovider's gross receipts received on a cash basis for all services\nrendered, beginning April first, nineteen hundred ninety-seven, and five\nand five-tenths percent of each such provider's gross receipts received\non a cash basis for all services rendered, beginning January first, two\nthousand eight.\n (b) (i) For each provider of services in the categories of services\nset forth in subdivision one of this section located in Region
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