New York Publishes Notices Regarding Annual Filing HCRA Obligations

December 17, 2024

Between December 3 - 6, 2024, the Department of Health published copies of letters it sent to organizations that are payors of health care services and have filed an election application to pay certain health care services surcharges directly to the Health Care Reform Act (HCRA) Public Goods Pool. These letters served to inform these organizations whether they are eligible to file Public Goods Pool reports and related surcharge and covered lives assessment obligations on an annual basis. If they are not eligible, then these organizations must file monthly (although annual filers can file monthly if they choose). These payors should have also received these letters directly.

The HCRA was enacted to provide financial assistance to hospitals through special taxes on health plans and medical services. The HCRA is intended to support the funding of graduate medical education. Health claim payers (including self-insured plans) can elect to pay the assessment directly to the state rather than facing higher surcharges for in-state hospital expenses, but they must file reports either monthly or annually.

In order for organizations to be eligible to file these reports annually in 2025, the department requires:

1. A payor's election must have been effective on or before July 1, 2023.
2. A payor must have filed at least twelve monthly reports through the June 2024 report period.
3. A payor's average annual pool payment liability must not exceed $25,000 based on reports filed through the above referenced period.

Copies of these letters can be found here: New York State Health Care Reform Act (HCRA)