§ 2807-d. Hospital assessments. 1. (a) Hospitals, as defined in this\narticle, excluding hospitals specified in paragraph (b) of this\nsubdivision, are charged assessments on their gross receipts received\nfrom all patient care services and other operating income, less personal\nneeds allowances and refunds, on a cash basis in the percentage amounts\nand for the periods specified in subdivision two of this section. Such\nassessments shall be submitted by or on behalf of hospitals to the\ncommissioner or his designee.\n (b) Subject to the provisions of subdivision twelve of this section,\nthe following categories of hospitals shall not be charged assessments\npursuant to this section: (i) voluntary nonprofit and private\nproprietary general hospitals which qualify for distributions made in\naccordance with paragraph (c) of subdivision nineteen of section\ntwenty-eight hundred seven-c of this article, or for assessments during\nthe period January first, nineteen hundred ninety-seven through December\nthirty-first, nineteen hundred ninety-seven voluntary nonprofit and\nprivate proprietary general hospitals which qualified for distributions\nmade in accordance with paragraph (c) of subdivision nineteen of section\ntwenty-eight hundred seven-c of this article as of December\nthirty-first, nineteen hundred ninety-five; (ii) voluntary nonprofit\nhospitals totally financed by charitable contributions or by the income\nthereon dedicated to free care of low income patients; and (iii) any\nfacility dedicated solely to the care of police, firefighters,\nvolunteer firefighters, and emergency service personnel.\n (c) On and after December first, nineteen hundred ninety-seven, the\nterm "general hospital", as used in this section, includes specialty\nhospitals for persons who are developmentally disabled, licensed by the\noffice for people with developmental disabilities and which are also\nissued an operating certificate pursuant to section twenty-eight hundred\nfive of this article.\n 2. (a) (i) For general hospitals the overall assessment shall be\nsix-tenths of one percent and the assessment shall vary from 0.5% to\n0.675% of each general hospital's gross receipts received from all\npatient care services and other operating income on a cash basis during\nthe period January first, nineteen hundred ninety-one through March\nthirty-first, nineteen hundred ninety-two for hospital or health-related\nservices, including but not limited to inpatient service, outpatient\nservice, emergency service, referred ambulatory service and ambulatory\nsurgical service. The assessment shall vary according to the percentage\nof nineteen hundred eighty-nine medicaid inpatient revenues as a\npercentage of total nineteen hundred eighty-nine inpatient revenues as\nreported on the institutional cost report submitted to the department\nfor nineteen hundred eighty-nine according to the following: for\nhospitals with medicaid revenue up to and including 10%, the assessment\nshall be .5%, for hospitals with medicaid revenue greater than 10% up\nto and including 15%, the assessment shall be .525%, for hospitals with\nmedicaid revenue greater than 15% up to and including 20%, the\nassessment shall be .65%, and for hospitals with medicaid revenue over\n20%, the assessment shall be .675%. In the event that the provisions\nrelating to the additional supplementary low income patient adjustment\nestablished in accordance with subdivision fourteen-d of section\ntwenty-eight hundred seven-c of this article cannot be implemented,\nthen the general hospital assessment established in accordance with this\nparagraph shall be calculated without variation specified in this\nparagraph and the assessment for each general hospital whose assessment\nwas greater than six-tenths of one percent shall become six-tenths of\none percent.\n (ii) For general hospitals the assessment shall be six-tenths of one\npercent of each general hospital's gross receipts received from all\npati
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