§ 367-i. Personal care services provider assessments. 1. Providers of\npersonal care services, excepting those certified under article\nthirty-six of the public health law, are charged assessments on their\ngross receipts received from all personal care services and other\noperating income on a cash basis in the percentage amounts and for the\nperiods specified in subdivision two of this section. Such assessments\nshall be submitted by or on behalf of such personal care services\nproviders to the commissioner of health or his/her designee.\n 2. (a) The assessment shall be six-tenths of one percent of each such\nprovider's gross receipts received from all personal care services and\nother operating income on a cash basis beginning January first, nineteen\nhundred ninety-one; provided, however, that for all such gross receipts\nreceived on or after April first, nineteen hundred ninety-nine, such\nassessment shall be two-tenths of one percent, and further provided that\nsuch assessment shall expire and be of no further effect for all such\ngross receipts received on or after January 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 provider's gross\nreceipts from all personal care services and other operating income on a\ncash basis for periods on and after April first, two thousand nine.\n 3. Gross receipts received from all personal care services and other\noperating income for purposes of the assessments pursuant to this\nsection shall include, but not be limited to, all monies received for or\non account of personal care services, provided, however, that subject to\nthe provisions of subdivision eleven of this section income received\nfrom grants, charitable contributions, donations and bequests and\ngovernmental deficit financing shall not be included, and provided\nfurther, however, that moneys received from a certified home health\nagency or a provider of a long term home health care program assessed on\nsuch moneys pursuant to section thirty-six hundred fourteen-a of the\npublic health law shall not be included.\n 4. Estimated payments by or on behalf of such personal care services\nproviders to the commissioner of health or his/her designee of funds due\nfrom the assessments pursuant to subdivision two of this section shall\nbe made on a monthly basis. Estimated payments shall be due on or before\nthe fifteenth day following the end of a calendar month to which an\nassessment applies.\n 5. (a) If an estimated payment made for a month to which an assessment\napplies is less than seventy percent of an amount the commissioner of\nhealth determines is due, based on evidence of prior period moneys\nreceived by a personal care services provider or evidence of moneys\nreceived by such personal care services provider for that month, the\ncommissioner of health may estimate the amount due from such personal\ncare services provider and may collect the deficiency pursuant to\nparagraph (c) of this subdivision.\n (b) If an estimated payment made for a month to which an assessment\napplies is less than ninety percent of an amount the commissioner of\nhealth determines is due, based on evidence of prior period moneys\nreceived by a personal care services provider or evidence of moneys\nreceived by such personal care services provider for that month, and at\nleast two previous estimated payments within the preceding six months\nwere less than ninety percent of the amount due, based on similar\nevidence, the commissioner of health may estimate the amount due from\nsuch personal care services provider and may collect the deficiency\npursuant to paragraph (c) of this subdivision.\n (c) Upon receipt of notification from the commissioner of health of a\nprovider's deficiency under this section, the comptroller or a fiscal\nintermediary designated by the director of the bud
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