§ 2807-ff. New York managed care organization provider tax. 1. The\ncommissioner, subject to the approval of the director of the budget,\nshall: apply for a waiver or waivers of the broad-based and uniformity\nrequirements related to the establishment of a New York managed care\norganization provider tax (the "MCO provider tax") in order to secure\nfederal financial participation for the costs of the medical assistance\nprogram; and, subject to approval by the centers for Medicare and\nMedicaid services, impose the MCO provider tax as an assessment upon\ninsurers, health maintenance organizations, and managed care\norganizations (collectively referred to as "health plan") offering the\nfollowing plans or products:\n (a) Medical assistance program coverage provided by managed care\nproviders pursuant to section three hundred sixty-four-j of the social\nservices law;\n (b) A health insurance plan serving individuals enrolled pursuant to\ntitle one-A of article twenty-five of this chapter;\n (c) Essential plan coverage certified pursuant to title eleven-D of\narticle five of the social services law;\n (d) Coverage purchased on the New York insurance exchange established\npursuant to section two hundred sixty-eight-b of this chapter; or\n (e) Any other comprehensive coverage subject to articles thirty-two,\nforty-two and forty-three of the insurance law, or article forty-four of\nthis chapter.\n 2. The MCO provider tax shall comply with all relevant provisions of\nfederal laws, rules and regulations.\n 3. The department shall post on its website the MCO provider tax\napproval letter by the centers for Medicare and Medicaid services (the\n"approval letter").\n 4. A health plan, as defined in subdivision one of this section, shall\npay the MCO provider tax for each calendar year as follows:\n (a) For Medicaid member months below two hundred fifty thousand member\nmonths, a health plan shall pay one hundred twenty-six dollars per\nmember month;\n (b) For Medicaid member months greater than or equal to two hundred\nfifty thousand member months but less than five hundred thousand member\nmonths, a health plan shall pay eighty-eight dollars per member month;\n (c) For Medicaid member months greater than or equal to five hundred\nthousand member months, a health plan shall pay twenty-five dollars per\nmember month;\n (d) For essential plan member months less than two hundred fifty\nthousand member months, a health plan shall pay thirteen dollars per\nmember month;\n (e) For essential plan member months greater than or equal to two\nhundred fifty thousand member months, a health plan shall pay seven\ndollars per member month;\n (f) For non-essential plan non-Medicaid member months, consisting of\nthe populations covered by the products described in paragraphs (b),\n(d), and (e) of subdivision one of this section, less than two hundred\nfifty thousand member months, a health plan shall pay two dollars per\nmember month; and\n (g) For non-essential plan non-Medicaid member months greater than or\nequal to two hundred fifty thousand member months, a health plan shall\npay one dollar and fifty cents per member month.\n 5. A health plan shall remit the MCO provider tax due pursuant to this\nsection to the commissioner or their designee quarterly or at a\nfrequency defined by the commissioner.\n 6. Funds accumulated from the MCO provider tax, including interest and\npenalties, shall be deposited and credited by the commissioner, or the\ncommissioner's designee, to the healthcare stability fund established in\nsection ninety-nine-ss of the state finance law.\n 7. (a) Every health plan subject to the approved MCO provider tax\nshall submit reports in a form prescribed by the commissioner to\naccurately disclose information required to implement this section.\n (b) If a health plan fails to file reports required pursuant to this\nsubdivision within sixty days of the date such reports are due and after\nnotification of such repor
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