§ 2958. Rural health care access development program. 1. To the extent\nof funds available therefor, the sum of ten million dollars shall\nannually be made available for periods prior to January first, two\nthousand three, and up to nine million three hundred twenty thousand\ndollars for the period January first, two thousand three through\nDecember thirty-first, two thousand three, up to nine million three\nhundred twenty thousand dollars for the period January first, two\nthousand four through December thirty-first, two thousand four, up to\ntwelve million eighty-eight thousand dollars for the period January\nfirst, two thousand five through December thirty-first, two thousand\nfive, up to twelve million eighty-eight thousand dollars for the period\nJanuary first, two thousand six through December thirty-first, two\nthousand six, up to eleven million eighty-eight thousand dollars\nannually for the period January first, two thousand seven through\nDecember thirty-first, two thousand ten, up to two million seven hundred\nseventy-two thousand dollars for the period January first, two thousand\neleven through March thirty-first, two thousand eleven, and within\namounts appropriated for each state fiscal year on and after April\nfirst, two thousand eleven, shall be available to the commissioner from\nfunds pursuant to section twenty-eight hundred seven-l of this chapter\nto provide assistance to general hospitals classified as a rural\nhospital for purposes of determining payment for inpatient services\nprovided to beneficiaries of title XVIII of the federal social security\nact (Medicare) or under state regulations, in recognition of the unique\ncosts incurred by these facilities to provide hospital services in\nremote or sparsely populated areas pursuant to subdivision two of this\nsection.\n 2. a. The commissioner shall provide assistance to all rural hospitals\nas defined in this section by distributing all amounts made available\npursuant to section twenty-eight hundred seven-l of this chapter.\n b. For the purposes of this subdivision, the commissioner shall devise\na distribution methodology that takes into account the need for rural\nhospitals to improve operational efficiencies, reduce the duplication of\nservices, and develop affiliations with community based health care\nproviders and which recognizes whether a hospital is a federally\ndesignated sole community hospital, rural referral center, rural\nhospital, state designated rural hospital, or a hospital that is at\nsubstantial financial risk of failure and whose service area is\nthreatened with reduced access to essential health services. In no event\nshall the size of the rural hospital be the sole contributing factor in\nsuch distribution methodology. Such methodology shall provide assistance\nat graduated levels from highest to lowest, in accordance with the\nfollowing criteria:\n (i) The hospital shall be at substantial risk of financial failure,\nusing a combination of generally accepted standard measures of financial\nviability and which is:\n A. a federally designated sole community hospital or a rural referral\ncenter and is both a federally designated rural hospital and is\nclassified as a state rural hospital;\n B. a federally designated sole community hospital or a rural referral\ncenter and is a federally designated rural hospital;\n C. both a federally designated rural hospital and is classified as a\nstate rural hospital, but is not a sole community hospital or a rural\nreferral center;\n D. either a federally designated rural hospital or is classified as a\nstate rural hospital; or\n E. the hospital is either a federally defined sole community hospital\nor rural referral center.\n (ii) The hospital is a sole community hospital or a rural referral\ncenter and is both a federally designated rural hospital and is\nclassified as a state rural hospital;\n (iii) The hospital is a sole community hospital or a rural referral\ncenter and is a federal
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