§ 3614-b. Licensed home care services agencies assessments. 1.\nLicensed home care services agencies are charged assessments, subject to\nthe provisions of subdivision thirteen of this section, on their gross\nreceipts received from all patient care services and other operating\nincome on a cash basis in the percentage amounts and for the periods\nspecified in subdivision two of this section. Such assessments shall be\nsubmitted by or on behalf of licensed home care services agencies to the\ncommissioner or his designee.\n 2. (a) The assessment shall be six-tenths of one percent of such\nlicensed home care services agency's gross receipts received from all\npatient care services and other operating income on a cash basis\nbeginning April first, nineteen hundred ninety-two; provided, however,\nthat for all such gross receipts received on or after April first,\nnineteen hundred ninety-nine, such assessment shall be two-tenths of one\npercent, and further provided that such assessment shall expire and be\nof no further effect for all such gross receipts received on or after\nJanuary first, two thousand.\n (b) Notwithstanding any contrary provisions of this section or any\nother contrary provision of law or regulation, the assessment shall be\nthirty-five hundredths of one percent of each such licensed home care\nservices agency's gross receipts received from all personal care\nservices and other operating income on a cash basis for periods on and\nafter April first, two thousand nine.\n 3. Gross receipts received from all patient care services and other\noperating income for purposes of the assessment pursuant to this section\nshall include, but not be limited to, all moneys received for or on\naccount of home care services provided pursuant to a license issued by\nthe commissioner in accordance with the provisions of section thirty-six\nhundred five of this article, provided, however, subject to the\nprovisions of subdivision twelve of this section that income received\nfrom grants, charitable contributions, donations and bequests and\ngovernmental deficit financing shall not be included, and further, that\nmoneys received on which an assessment is paid by a hospital pursuant to\nsection twenty-eight hundred seven-d of this chapter, home care provider\npursuant to section thirty-six hundred fourteen-a of this article,\npersonal care services provider pursuant to section three hundred\nsixty-seven-i of the social services law or provider of services\npursuant to section 43.04 or 43.06 of the mental hygiene law shall not\nbe included.\n 4. The commissioner is authorized to contract with the article\nforty-three insurance law plans, or if not available such other\nadministrators as the commissioner shall designate, to receive and\ndistribute licensed home care services agency assessment funds. In the\nevent contracts with the article forty-three insurance law plans or\nother commissioner's designees are effectuated, the commissioner shall\nconduct annual audits of the receipt and distribution of the assessment\nfunds. The reasonable costs and expenses of an administrator as approved\nby the commissioner, not to exceed for personnel services on an annual\nbasis two hundred thousand dollars for all assessments established\npursuant to this section, shall be paid from the assessment funds.\n 5. Estimated payments by or on behalf of licensed home care services\nagencies to the commissioner or his or her designee of funds due from\nthe assessments pursuant to subdivision two of this section shall be\nmade on a monthly basis. Estimated payments shall be due on or before\nthe fifteenth day following the end of the calendar month to which an\nassessment applies.\n 6. (a) If an estimated payment made for a month to which an assessment\napplies is less than seventy percent of an amount the commissioner\ndetermines is due, based on evidence of prior moneys received by a\nlicensed home care services agency or evidence of moneys received
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