§ 97-x. Statewide planning and research cooperative system; assessment of annual fees on general hospitals. 1. Each general hospital shall be assessed an annual fee by the commissioner of health calculated on the basis of its proportionate share of the sum of total costs reported by all general hospitals in the most recent calendar year for which certified data are available. Such fee shall not exceed one-tenth of one percent of the total costs reported by such general hospital. Where rates of payment for general hospital services established pursuant to section twenty-eight hundred seven-a of the public health law or pursuant to section twenty-eight hundred seven-c of the public health law have not been adjusted to reflect the proportionate share of costs associated with such annual fee, rates shall be so adjusted. The commissioner of health shall promulgate regulations establishing a time schedule for payment of annual fees assessed on general hospitals. The commissioner of health shall charge a user fee for the production of any data to any person or organization, provided, however, that the commissioner of health may waive such fee for the provision of reports, to be defined in regulation, to a general hospital or its designee as approved by the commissioner of health or third-party payor or health systems agency to perform duties and functions provided for in subdivision seven, excluding paragraph (s) of such subdivision, of section twenty-nine hundred four-b of the public health law. Notwithstanding any inconsistent provisions of any general or special law, charges established pursuant to subdivision twelve of section twenty-eight hundred seven-a of the public health law or pursuant to paragraph (c) of subdivision one of section twenty-eight hundred seven-c of the public health law shall be permitted to increase to reflect increased costs resulting from the proportionate cost of the annual fees assessed pursuant to this subdivision.

2. The sum of annual fees collected from general hospitals and user fees shall be sufficient to provide all monies necessary to repay any monies which may be appropriated to support the statewide planning and research cooperative system, established under section two thousand eight hundred sixteen of the public health law, in the manner provided by law, provided, however, that such fees may be adjusted at any time in the event that monies received exceed the appropriation. In the event that monies available are not sufficient to fully make such repayments, the commissioner of health shall, after notification and subsequent consultation with the state hospital review and planning council and subject to the approval of the director of the budget, modify, amend, alter or otherwise adjust the scope of the activities undertaken and/or the manner in which the activities are undertaken, or to the extent allowed by law, after notification of and subsequent consultation with the state hospital review and planning council and subject to the approval of the director of the budget, modify, amend, alter or otherwise adjust the fees assessed on general hospitals, within the percent limitation set forth above, such that monies will be available to make all necessary repayments. Whenever an adjustment in the annual fee assessed on general hospitals is made, reimbursement rates shall also be adjusted to reflect the increase or decrease in cost associated with the annual fee.

3. The commissioner of health shall consult with the state hospital review and planning council regarding the operation and continued development of the statewide planning and research cooperative system.

4. Notwithstanding any inconsistent provision of this section, general hospitals shall not be liable for payment of an allocable share of the annual fees applicable on or after January first, nineteen hundred eighty-eight based on services provided to persons eligible for payments by state governmental agencies and rates of payment for state governmental agencies established pursuant to section twenty-eight hundred seven-c of the public health law shall not be adjusted to reflect costs associated with the annual fees, provided, however, solely for purposes of the calculations pursuant to subdivision two of this section annual fees collected from general hospitals shall be deemed to include the amount of the allocable share of such annual fees for which the hospital is not liable for payment pursuant to this subdivision.