§ 2807-p. Comprehensive diagnostic and treatment centers indigent care\nprogram. 1. (a) For periods prior to July first, two thousand three, and\non and after July first, two thousand five the commissioner is\nauthorized to make payments to eligible diagnostic and treatment\ncenters, to the extent of funds available therefor, up to forty-eight\nmillion dollars annually, to assist in meeting losses resulting from\nuncompensated care. The amount of funds available for such payments\npursuant to subdivision four of this section shall be the amount\nremaining after the allocation provided in section seven of chapter four\nhundred thirty-three of the laws of nineteen hundred ninety-seven as\namended by section seventy-five of chapter one of the laws of nineteen\nhundred ninety-nine.\n (b) For periods on and after July first, two thousand three, through\nJune thirtieth, two thousand five, the commissioner shall, subject to\nthe availability of federal financial participation, adjust medical\nassistance rates of payment to assist in meeting losses resulting from\nuncompensated care, provided, however, in the event federal financial\nparticipation is not available, the commissioner is authorized to\ncontinue to make payments to eligible diagnostic and treatment centers,\nto the extent of funds available therefor, in accordance with provisions\nof paragraph (a) of this subdivision and without regard to the\nprovisions of subdivisions four-a and four-b of this section.\n (c) Notwithstanding paragraph (a) of this subdivision, subdivision\nfour-c of this section or any other inconsistent provision of this\nsection, distributions made pursuant to this section for annual periods\non and after July first, two thousand nine shall be subject to a uniform\nreduction of two percent.\n (d) The commissioner may require facilities receiving distributions\npursuant to this section as a condition of participating in such\ndistributions, to provide reports and data to the department as the\ncommissioner deems necessary to adequately implement the provisions of\nthis section.\n 2. Definitions. (a) "Eligible diagnostic and treatment centers", for\npurposes of this section, shall mean voluntary non-profit and publicly\nsponsored diagnostic and treatment centers providing a comprehensive\nrange of primary health care services which can demonstrate losses from\ndisproportionate share of uncompensated care during a base period two\nyears prior to the grant period; provided that for periods on and after\nJanuary first, two thousand four an eligible diagnostic and treatment\ncenter shall not include any voluntary non-profit diagnostic and\ntreatment center controlling, controlled by or under common control with\na health maintenance organization, as defined by subdivision one of\nsection forty-four hundred one of this chapter; provided further that\nfor purposes of this section, a health maintenance organization shall\nnot include a prepaid health services plan licensed pursuant to section\nforty-four hundred three-a of this chapter. For periods on and after\nJuly first, two thousand three, the base period and the grant period\nshall be the calendar year.\n (b) "Uncompensated care need", for purposes of this section, means\nlosses from reported self-pay and free visits multiplied by the\nfacility's medical assistance payment rate for the applicable\ndistribution year, offset by payments received from such patients during\nthe reporting period.\n 3. (a) During the period January first, nineteen hundred ninety-seven\nthrough September thirtieth, nineteen hundred ninety-seven and for each\nfiscal year period commencing on October first thereafter through\nDecember thirty-first, nineteen hundred ninety-nine and for periods on\nand after January first, two thousand, diagnostic and treatment centers\nshall be eligible for allocations of funds or for rate adjustments\ndetermined in accordance with this section to reflect the needs of the\ndiagnostic and treatm
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