1. The commissioner, subject to the approval of the director of the budget, shall: apply for a waiver or waivers of the broad-based and uniformity requirements related to the establishment of a New York managed care organization provider tax (the 'MCO provider tax') in order to secure federal financial participation for the costs of the medical assistance program; issue regulations to implement the MCO provider tax; and, subject to approval by the centers for medicare and medicaid services, impose the MCO provider tax as an assessment upon insurers, health maintenance organizations, and managed care organizations offering the following plans or products: (a) Medical assistance program coverage provided by managed care providers pursuant to section three hundred sixty-four-j of the social services law; (b) A child health insurance plan certified pursuant to section twenty-five hundred eleven of this chapter; (c) Essential plan coverage certified pursuant to section three hundred sixty-nine-gg of the social services law; (d) Coverage purchased on the New York insurance exchange established pursuant to section two hundred an coverage certified pursuant to section three hundred sixty-nine-gg of the social services law; (d) Coverage purchased on the New York insurance exchange established pursuant to section two hundred sixty-eight-b of this chapter; or (e) Any other comprehensive coverage subject to articles thirty-two, forty-two and forty-three of the insurance law, or article forty-four of this chapter. 2. The MCO provider tax shall comply with all relevant provisions of federal laws, rules and regulations.
New York Legal Code