Document Citation: 10 NYCRR 39.3

Header:
NEW YORK CODES, RULES AND REGULATIONS
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER B. STATE AID AND FUNDING
PART 39. GENERAL PROVISIONS REGARDING THE PAYMENT OF STATE AID


Date:
08/31/2009

Document:

ยง 39.3 Methods of payment

Subject to the provisions of section 39.2 of this Part, the following methods of payment shall apply to State aid programs:

(a) State aid for general public health work. State aid will be paid at a rate determined by the State Commissioner of Health after review and approval of State aid applications, with such adjustment of that rate as may be necessary to distribute the entire allocation.

(1) Claims must be submitted quarterly by all jurisdictions not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt of the fourth claim from all jurisdictions, or after June 15th, immediately following the State's fiscal year the Commissioner of Health shall calculate the amounts claimed by each claimant during the entire year and shall distribute any balance remaining in the total allocated for the payment of State aid for general public health work in proportion to the relationship which each claimant's total expenditures bears to the total expenditures of all claimants, except that no claimant shall receive more than 50 percent of its total reimbursable expense, subject to paragraph (4) of this subdivision.

(2) Claims received later than two months after the calendar quarter during which the expenditures claimed were made may be returned unpaid by the commissioner and may not be resubmitted.

(3) If the fourth quarter and all previous claims for any jurisdiction are not received on or before June 15th, immediately following the State's fiscal year the commissioner may apportion the remaining allocated balance among the claims submitted.

(4) The rate established will provide for reimbursement of 75 percent of the first $ 100,000 of net expenditures by a county or part-county health department.

(b) State aid for laboratories. State aid will be paid at a rate determined by the Commissioner of Health after review and approval of State aid applications, with such adjustments as may be necessary to distribute the total allocation.

(1) Claims must be submitted quarterly by all jurisdictions not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt of the fourth claim from all jurisdictions, or after June 15th, immediately following the State's fiscal year the Commissioner of Health shall calculate the amounts claimed by each claimant during the entire year and shall distribute any balance remaining in the total allocated for the payment of State aid for laboratories in proportion to the relationship which each claimant's total expenditures bears to the total expenditures of all claimants, except that no claimant shall receive more than 50 percent of its total expense.

(2) Claims received later than two months after the calendar quarter during which the expenditures claimed were made may be returned unpaid by such commissioner and may not be resubmitted.

(c) State aid for rabies control. Claims for expenditures under approved rabies control programs will be reimbursed at a rate fixed by the State Commissioner of Health and calculated to exhaust the allocation therefor, except that no claimant shall receive more than 50 percent of expenditures claimed. Payment will be made on the basis of claims submitted before June 15, immediately following the State's fiscal year.

(d)(1) State grants paid to counties to support non-hospital-based freestanding or local health department-operated general medical clinics pursuant to article 2 of the Public Health Law. State grants will be based on prior approval of specific local programs, after application by the locality, and review and approval by the State Commissioner of Health. Satisfactory participation in the Child Health Assurance Program shall be one condition of such grants. Claims shall be submitted quarterly by all jurisdictions not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt of the final claim from all jurisdictions, or after June 15, immediately following the State's fiscal year, the Commissioner of Health shall calculate the amounts claimed by each claimant during the entire year and shall distribute any balance remaining in the total allocated for the payment of State grants for medical clinics in proportion to the relationship which each claimant's total expenditures bears to the total expenditures of all claimants, except that no claimant shall receive more than 50 percent of its total expense.

(2) State grants paid to cities of one million population and over to support non-hospital-based freestanding general medical clinics pursuant to article 2 of the Public Health Law. State grants will be based on prior approval of specific local programs, after application by the locality, and review and approval by the State Commissioner of Health. Satisfactory participation in the Child Health Assurance Program shall be one condition of such grants. The jurisdiction shall present to the Commissioner of Health, for approval, appropriately executed contracts with non-hospital-based freestanding general medical clinics. Claims shall be submitted quarterly by all jurisdictions not later than two months after the calendar quarter in which the expenditures claimed were made. Upon receipt of the final claim from all jurisdictions, or after June 15, immediately following the State's fiscal year, the Commissioner of Health shall calculate the amounts claimed by each claimant during the entire year and shall distribute any balance remaining in the total allocated for the payment of State grants for medical clinics in proportion to the relationship which each claimant's total expenditures bears to the total expenditures of all claimants.

(3) State grants paid for the provision of ambulatory care and services by medical clinics. State grants will be based on the prior approval of specific hospital programs after application by the facility, and review and approval by the State Commissioner of Health. Satisfactory participation in the Child Health Assurance Program shall be one condition of eligibility for such grants. The facility shall present to the commissioner, for approval, appropriately executed contracts. The contract approved by the Commissioner of Health shall have total payments in amounts calculated to exhaust, but not to exceed, the total allocated for the support of the provision of ambulatory care services by medical clinics.

(e) State aid for physically handicapped children. State aid will be paid at a rate established by the State Commissioner of Health for the first three quarterly claims. The fourth quarterly claim and all previous claims must be received by the commissioner on or before June 15, immediately following the State's fiscal year. After June 15, immediately following the State's fiscal year, the commissioner shall calculate the amounts claimed by each claimant during the entire year so that the total payment for the year to any claimant is in the same proportion to the total expenditures of such claimant as in the case of every other claimant, except that no claimant shall receive more than 50 percent of expenditures claimed. Amounts claimed shall be limited to expenditures prior to January 1, 1979.

(f) State aid for tuberculosis. (1) State aid shall be paid to counties and the City of New York for tuberculosis investigations and for the provision or securing of tuberculosis health care services under the same procedures and at the same rate as for general public health work, provided they comply with Part 43 of this Title.

(2) State payments shall be made by the State directly to providers of tuberculosis health care services for tuberculosis patients who are State charges, provided they comply with Part 43 of this Title.

(g) State aid for public nursing home construction. State aid will be paid in accordance with Part 48 of this Title, except that payments will be limited to the amount allocated.

(h) State aid for adult poliomyelitis. State aid will be paid at 50 percent of the cost of providing surgical, medical or therapeutic treatment or hospital care and necessary appliances and devices for persons 21 years of age or over infected with poliomyelitis, as provided by the statute.

(i) Any balance remaining after payments of State aid in accordance with the provisions of subdivisions (b) through (h) of this section will be transferred to the allocation for general public health work and will be approved in accordance with the provisions of subdivision (a) of this section. In the event that the amounts available for general public health work after redistribution of funds as provided by this subdivision are such that the statutory reimbursement rate would be exceeded upon apportionment, such excess shall be allocated to such other State aid programs as the commissioner may designate after approval and reallocation by the Director of the Budget.