[ ] is old law to be omitted.
LBD12671-04-4
A. 8558--C 2
tion of the New York State donate life registry; to amend the social
services law and the public health law, in relation to streamlining
the application process for adult care facilities and assisted living
residences; to amend the public health law, in relation to the long
term home health care program; to amend the public health law, in
relation to resident working audits; to amend chapter 58 of the laws
of 2008 amending the elder law and other laws relating to reimburse-
ment to particular provider pharmacies and prescription drug coverage,
in relation to the effectiveness thereof; to repeal certain provisions
of the public health law relating thereto; to amend the elder law, in
relation to allowing the director of the office for the aging to
authorize enriched services or optional services to eligible entities
without a grant; to amend the public health law, in relation to finan-
cial responsibility and reimbursement and third party insurance and
medical assistance program payments for the early intervention program
for infants and toddlers with disabilities and their families; to
amend the elder law, in relation to the Alzheimer's disease assistance
fund; to amend the public health law, in relation to the primary care
service corps practitioner loan repayment program; to amend the public
health law and the insurance law, in relation to safe patient handl-
ing; to amend the public health law, the tax law, the general business
law and the penal law, in relation to medical use of marihuana; to
amend the public health law, in relation to establishing a regional
graduate medical education demonstration program; and providing for
the repeal of certain provisions of law relating thereto (Part A); to
amend the New York Health Care Reform Act of 1996, in relation to
extending certain provisions relating thereto; to amend the New York
Health Care Reform Act of 2000, in relation to extending the effec-
tiveness of provisions thereof; to amend the public health law, in
relation to the distribution of pool allocations and graduate medical
education; to amend chapter 62 of the laws of 2003 amending the gener-
al business law and other laws relating to enacting major components
necessary to implement the state fiscal plan for the 2003-04 state
fiscal year, in relation to the deposit of certain funds; to amend the
public health law, in relation to health care initiative pool distrib-
utions; to amend the social services law, in relation to extending
payment provisions for general hospitals; to amend chapter 600 of the
laws of 1986 amending the public health law relating to the develop-
ment of pilot reimbursement programs for ambulatory care services, in
relation to the effectiveness of such chapter; to amend chapter 520 of
the laws of 1978 relating to providing for a comprehensive survey of
health care financing, education and illness prevention and creating
councils for the conduct thereof, in relation to extending the effec-
tiveness of portions thereof; to amend the public health law, in
relation to extending access to community health care services in
rural areas; to amend the public health law, in relation to rates of
payment for personal care service providers; to amend the public
health law, in relation to the assessment on covered lives; to amend
the public health law, in relation to the comprehensive diagnostic and
treatment centers indigent care program; to amend the public health
law, in relation to general hospital indigent pool and general hospi-
tal inpatient reimbursement rates; to amend chapter 266 of the laws of
1986 amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, in relation to
extending the applicability of certain provisions thereof; and to
amend chapter 63 of the laws of 2001 amending chapter 20 of the laws
A. 8558--C 3
of 2001 amending the military law and other laws relating to making
appropriations for the support of government, in relation to extending
the applicability of certain provisions thereof (Part B); to amend the
social services law, in relation to early refill of prescriptions; to
amend the public health law, in relation to expanding prior authori-
zation under the clinic drug review program; to amend the mental
hygiene law, in relation to behavioral health allocation plans; to
amend the social services law, in relation to requiring prior authori-
zation for non-medically acceptable indicators for prescription drugs;
to amend the social services law, in relation to the integration of
behavioral and physical health clinic services; to amend part A of
chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011
amending the public health law and other laws relating to general
hospital reimbursement for annual rates relating to the cap on local
Medicaid expenditures, in relation to establishing rate protections
for behavioral health essential providers and the effectiveness there-
of; to amend section 1 of part H of chapter 111 of the laws of 2010,
relating to increasing Medicaid payments to providers through managed
care organizations and providing equivalent fees through an ambulatory
patient group methodology, in relation to transfer of funds and the
effectiveness thereof; to amend section 45-c of part A of chapter 56
of the laws of 2013, relating to the report on the transition of
behavioral health services as a managed care benefit in the medical
assistance program, in relation to reports on the transition of behav-
ior health services; to amend the social services law, in relation to
spousal support for the costs of community-based long term care; to
amend the social services law, in relation to fair hearings within the
Fully Integrated Duals Advantage program; to amend the public health
law, in relation to the establishment of a default rate for nursing
homes under managed care; to amend the public health law, in relation
to rates of payment for certified home health agencies and long term
home health care programs; to amend social services law in relation to
Community First Choice Option; to amend education law in relation to
developing training curricula to educate certain home health aides; to
amend the public health law, in relation to rate setting methodologies
for the ICD-10; to amend the public health law, in relation to inpa-
tient psych base years; to amend the public health law, in relation to
hospital inpatient base years; to amend part H of chapter 59 of the
laws of 2011, amending the public health law and other laws relating
to known and projected department of health state fund medicaid
expenditures, in relation to the determination of rates of payments by
certain state governmental agencies; to amend the social services law
and the public health law, in relation to requiring the use of an
enrollment broker for counties that are mandated Medicaid managed care
and managed long term care; to amend the public health law, in
relation to establishing vital access pools for licensed home care
service agencies; to amend the social services law, in relation to the
expansion of the Medicaid managed care advisory review panel; to amend
part H of chapter 59 of the laws of 2011 amending the public health
law relating to general hospital inpatient reimbursement for annual
rates, in relation to the across the board reduction of 2011; to amend
the social services law, in relation to establishing a health homes
criminal justice initiative; to amend the social services law, in
relation to the transition of children in foster care to managed care;
to amend the social services law and the state finance law, in
relation to the establishment of a basic health plan; to amend the
A. 8558--C 4
social services law, in relation to hospital presumptive eligibility
under the affordable care act; to amend the social services law, in
relation to spending down procedures under the MAGI system of eligi-
bility determination; to amend the public health law, in relation to
moving rate setting for child health plus to the department of health;
to amend the public health law, in relation to eliminating the exist-
ing child health plus waiting period; to amend chapter 2 of the laws
of 1998, amending the public health law and other laws relating to
expanding the child health insurance plan, in relation to allowing for
the permanent expansion of child health plus income and benefit
provisions; to amend the public health law in relation to potentially
preventable negative outcomes; to amend chapter 779 of the laws of
1986, amending the social services law relating to authorizing
services for non-residents in adult homes, residences for adults and
enriched housing programs, in relation to extending the authorization
of non-resident services within adult homes; to amend part C of chap-
ter 58 of the laws of 2008, amending the social services law and the
public health law relating to adjustments of rates, in relation to
extending the utilization threshold exemption; to amend chapter 19 of
the laws of 1998, amending the social services law relating to limit-
ing the method of payment for prescription drugs under the medical
assistance program, in relation to extending provisions related to
dispensing fees; to amend the public health law, in relation to rates
of payment to residential health care facilities; to amend chapter 731
of the laws of 1993, amending the public health law and other laws
relating to reimbursement, delivery and capital cost of ambulatory
health care services and inpatient hospital services, in relation to
the effectiveness thereof; to amend chapter 904 of the laws of 1984,
amending the public health law and the social services law relating to
encouraging comprehensive health services, in relation to the effec-
tiveness thereof; providing for the repeal of certain provisions
relating to the availability of funds upon expiration thereof; and to
repeal certain provisions of the social services law and the public
health law relating thereto (Part C); intentionally omitted (Part D);
to amend part A of chapter 111 of the laws of 2010 amending the mental
hygiene law relating to the receipt of federal and state benefits
received by individuals receiving care in facilities operated by an
office of the department of mental hygiene, in relation to the effec-
tiveness thereof (Part E); to amend part D of chapter 111 of the laws
of 2010 relating to the recovery of exempt income by the office of
mental health for community residences and family-based treatment
programs, in relation to extending certain provisions of such chapter
(Part F); intentionally omitted (Part G); intentionally omitted (Part
H); to amend chapter 495 of the laws of 2004 amending the insurance
law and the public health law relating to the New York state health
insurance continuation assistance demonstration project, in relation
to the effectiveness of such provisions (Part I); to amend chapter 62
of the laws of 2003, amending the mental hygiene law and the state
finance law relating to the community mental health support and work-
force reinvestment program, the membership of subcommittees for mental
health of community services boards and the duties of such subcommit-
tees and creating the community mental health and workforce reinvest-
ment account, in relation to extending such provisions relating there-
to (Part J); to amend the insurance law, in relation to health
insurance policy requirements under the affordable care act (Part K);
to amend the mental hygiene law, in relation to transitional care
A. 8558--C 5
(Part L); and to amend the education law and the public health law, in
relation to the practice of pharmacy and the compounding of drugs, and
establishing requirements for the registration of outsourcing facili-
ties in New York state (Part M)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through M. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Paragraph (a) of subdivision 1 of section 602 of the public
health law, as added by section 16 of part E of chapter 56 of the laws
of 2013, is amended to read as follows:
(a) Family health, which shall include activities designed to reduce
perinatal, infant and maternal mortality and morbidity and to promote
the health of infants, children, adolescents, and people of childbearing
age. Such activities shall include family centered perinatal services
and other services appropriate to promote the birth of a healthy baby to
a healthy mother, and services to assure that infants, young children,
and school age children are enrolled in appropriate health insurance
programs and other health benefit programs for which they are eligible,
and that the parents or guardians of such children are provided with
information concerning health care providers in their area that are
willing and able to provide health services to such children. Provision
of primary and preventive clinical health care services shall be eligi-
ble for state aid for uninsured persons under the age of twenty-one,
provided that the municipality makes good faith efforts to assist such
persons with insurance enrollment and only until such time as enrollment
becomes effective. PROVISION OF PRENATAL CLINICAL HEALTH CARE SERVICES
SHALL BE ELIGIBLE FOR STATE AID FOR UNINSURED WOMEN OF ANY AGE, PROVIDED
THAT THE MUNICIPALITY MAKES GOOD FAITH EFFORTS TO ASSIST SUCH WOMEN WITH
INSURANCE ENROLLMENT AND ONLY UNTIL SUCH TIME AS ENROLLMENT BECOMES
EFFECTIVE.
S 2. Subdivisions 1, 2, 2-a, 2-b, 2-c, 3 and 4 of section 2781 of the
public health law, subdivisions 1, 2, 3 and 4 as amended and subdivi-
sions 2-a, 2-b and 2-c as added by chapter 308 of the laws of 2010, are
amended to read as follows:
1. Except as provided in section three thousand one hundred twenty-one
of the civil practice law and rules, or unless otherwise specifically
authorized or required by a state or federal law, no person shall order
the performance of an HIV related test without first having received
[the written or, where authorized by this subdivision, oral,] informed
consent of the subject of the test who has capacity to consent or, when
the subject lacks capacity to consent, of a person authorized pursuant
A. 8558--C 6
to law to consent to health care for such individual. [When the test
being ordered is a rapid HIV test, such informed consent may be obtained
orally and shall be documented in the subject of the test's medical
record by the person ordering the performance of the test.] IN ORDER FOR
THERE TO BE INFORMED CONSENT, THE PERSON ORDERING THE TEST SHALL, PRIOR
TO OBTAINING INFORMED CONSENT, AT A MINIMUM ADVISE THE PROTECTED INDI-
VIDUAL THAT AN HIV-RELATED TEST IS BEING PERFORMED.
2. [Except where subdivision one of this section permits informed
consent to be obtained orally, informed consent to HIV related testing
shall consist of a statement consenting to HIV related testing signed by
the subject of the test who has capacity to consent or, when the subject
lacks capacity to consent, by a person authorized pursuant to law to
consent to health care for the subject after the subject or such other
person has received the information described in subdivision three of
this section.
2-a. Where a written consent to HIV related testing is included in a
signed general consent to medical care for the subject of the test or in
a signed consent to any health care service for the subject of the test,
the consent form shall have a clearly marked place adjacent to the
signature where the subject of the test, or, when the subject lacks
capacity to consent, a person authorized pursuant to law to consent to
health care for such individual, shall be given an opportunity to
specifically decline in writing HIV related testing on such general
consent.
2-b. A written or oral informed] INFORMED consent for HIV related
testing pursuant to this section shall be valid for such testing until
such consent is revoked [or expires by its terms]. Each time that an HIV
related test is ordered pursuant to informed consent in accordance with
this section, the physician or other person authorized pursuant to law
to order the performance of the HIV related test, or such person's
representative, shall orally notify the subject of the test or, when the
subject lacks capacity to consent, a person authorized pursuant to law
to consent to health care for such individual, that an HIV related test
will be conducted at such time, and shall note the notification in the
patient's record.
[2-c.] 2-A. The provisions of this section regarding [oral] informed
consent [for a rapid HIV test] shall not apply to tests performed in a
facility operated under the correction law. FOR TESTS CONDUCTED IN A
FACILITY UNDER THE CORRECTION LAW, INDIVIDUAL CONSENT FOR HIV RELATED
TESTING MUST BE IN WRITING.
3. [Prior to the execution of written, or obtaining and documenting
oral, informed consent, a] A person ordering the performance of an HIV
related test shall provide either directly or through a representative
to the subject of an HIV related test or, if the subject lacks capacity
to consent, to a person authorized pursuant to law to consent to health
care for the subject, an explanation that:
(a) HIV causes AIDS and can be transmitted through sexual activities
and needle-sharing, by pregnant women to their fetuses, and through
breastfeeding infants;
(b) there is treatment for HIV that can help an individual stay heal-
thy;
(c) individuals with HIV or AIDS can adopt safe practices to protect
uninfected and infected people in their lives from becoming infected or
multiply infected with HIV;
(d) testing is voluntary and can be done anonymously at a public test-
ing center;
A. 8558--C 7
(e) the law protects the confidentiality of HIV related test results;
(f) the law prohibits discrimination based on an individual's HIV
status and services are available to help with such consequences; and
(g) the law allows an individual's informed consent for HIV related
testing to be valid for such testing until such consent is revoked by
the subject of the HIV RELATED test [or expires by its terms].
Protocols shall be in place to ensure compliance with this section.
4. A person authorized pursuant to law to order the performance of an
HIV related test shall provide directly or through a representative to
the person seeking such test, an opportunity to remain anonymous [and to
provide written, informed consent or authorize documentation of oral
informed consent,] through use of a coded system with no linking of
individual identity to the test request or results. A health care
provider who is not authorized by the commissioner to provide HIV
related tests on an anonymous basis shall refer a person who requests an
anonymous test to a test site which does provide anonymous testing. The
provisions of this subdivision shall not apply to a health care provider
ordering the performance of an HIV related test on an individual
proposed for insurance coverage.
S 3. Section 2135 of the public health law, as amended by chapter 308
of the laws of 2010, is amended to read as follows:
S 2135. Confidentiality. All reports or information secured by the
department, municipal health commissioner or district health officer
under the provisions of this title shall be confidential except: (a) in
so far as is necessary to carry out the provisions of this title; (b)
when used in the aggregate, without patient specific identifying infor-
mation, in programs approved by the commissioner for the improvement of
the quality of medical care provided to persons with HIV/AIDS; [or] (c)
when used within the state or local health department by public health
disease programs to assess co-morbidity or completeness of reporting and
to direct program needs, in which case patient specific identifying
information shall not be disclosed outside the state or local health
department; OR (D) WHEN USED FOR PURPOSES OF PATIENT LINKAGE AND
RETENTION IN CARE, PATIENT SPECIFIC IDENTIFIED INFORMATION MAY BE SHARED
BETWEEN LOCAL AND STATE HEALTH DEPARTMENTS AND HEALTH CARE PROVIDERS
CURRENTLY TREATING THE PATIENT AS APPROVED BY THE COMMISSIONER.
S 4. Section 2410 of the public health law, as added by chapter 279 of
the laws of 1996, subdivisions 1 and 2 as amended by chapter 32 of the
laws of 2008, and subdivision 7 as added by chapter 621 of the laws of
2007, is amended to read as follows:
S 2410. Health research science board. 1. There is hereby established
in the department the health research science board. The board shall be
comprised of [seventeen] SIXTEEN voting members[, three non-voting
regional members] and [three] ONE non-voting ex-officio [members] MEMBER
as follows:
(a) twelve voting members shall be scientists each of whom shall have
either an M.D., D.O., Ph.D., or Dr.P.H. in one of the following fields:
biochemistry, biology, biostatistics, chemistry, epidemiology, genetics,
immunology, medicine, microbiology, molecular biology, nutrition, oncol-
ogy, reproductive endocrinology, or toxicology and must currently be
engaged in treating patients or conducting health research. Such
members shall be appointed in the following manner: two shall be
appointed by the temporary president of the senate and one by the minor-
ity leader of the senate; two shall be appointed by the speaker of the
assembly and one by the minority leader of the assembly; six shall be
appointed by the governor;
A. 8558--C 8
(b) the governor shall appoint [six regional] FOUR ADDITIONAL members,
[three] EACH of whom shall serve as full voting members [and three of
whom shall serve as alternative members without voting rights]. Such
[regional] members shall be persons who have or have had breast cancer,
and shall be actively involved with a community-based, grass-roots
breast cancer organization. [Two] ONE of such appointments shall be
made upon the recommendation of the temporary president of the senate
and [two] ONE shall be made upon the recommendation of the speaker of
the assembly [. One regional member shall be appointed from each of the
following geographic areas of the state: Long Island, New York City,
the Hudson Valley, Northern New York, Central New York and Western New
York. The order of appointments and recommendations for appointments and
voting rights shall rotate as follows:
(i) The governor shall appoint regional members for three year terms
in the following order:
(A) Long Island, which member shall have voting rights,
(B) Central New York, which member shall not have voting rights,
(C) Hudson Valley, which member shall have voting rights,
(D) Northern New York, which member shall not have voting rights,
(E) Western New York, which member shall have voting rights, and
(F) New York City, which member shall not have voting rights;
(ii) The governor, upon the recommendation of the temporary president
of the senate, shall appoint regional members for three year terms in
the following order:
(A) Hudson Valley, which member shall not have voting rights,
(B) Northern New York, which member shall have voting rights,
(C) Western New York, which member shall not have voting rights,
(D) New York City, which member shall have voting rights,
(E) Long Island, which member shall have voting rights, and
(F) Central New York, which member shall not have voting rights; and
(iii) The governor, upon the recommendation of the speaker of the
assembly, shall appoint regional members for three year terms in the
following order:
(A) Western New York, which member shall have voting rights,
(B) New York City, which member shall not have voting rights,
(C) Long Island, which member shall not have voting rights,
(D) Central New York, which member shall have voting rights,
(E) Hudson Valley, which member shall not have voting rights, and
(F) Northern New York, which member shall have voting rights]; AND
(c) the governor shall appoint [three] ONE non-voting ex officio
members to the board, [one of whom] WHO shall be the commissioner, or
his or her designee[, one of whom shall be the commissioner of environ-
mental conservation, or his or her designee, and one of whom shall be
the director of the Cornell University Institute for Comparative and
Environmental Toxicology, or his or her designee; and
(d) the governor shall appoint one voting member who shall be a person
who has or has survived breast cancer and one voting member who shall be
a person who has or has survived prostate or testicular cancer].
The governor shall designate the chair of the board. The governor,
temporary president of the senate, minority leader of the senate, speak-
er of the assembly, and minority leader of the assembly may solicit
recommendations from the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
and Research, and the National Academy of Sciences for appointments or
recommendations for appointments to the board.
A. 8558--C 9
2. All members shall serve for terms of three years and may be reap-
pointed, such terms to commence July first and expire June thirtieth;
provided, however, that of the scientific members first appointed, three
such members, one appointed by the governor, one appointed by the tempo-
rary president of the senate and one appointed by the speaker of the
assembly, shall be appointed for terms of one year, and three such
members, one appointed by the governor, one appointed by the temporary
president of the senate, and one appointed by the speaker of the assem-
bly shall be appointed for a term of two years.
The board shall convene on or before September first, nineteen hundred
ninety-seven.
3. Any member, after notice and an opportunity to be heard, may be
removed by the governor for neglect of duty or malfeasance in office.
Any member who fails to attend three consecutive meetings of the board,
unless excused by formal vote of the board, shall be deemed to have
vacated his or her position.
4. Any vacancy in the board shall be filled for the unexpired term in
the same manner as the original appointment.
5. A majority of the voting members of the board shall constitute a
quorum for the transaction of any business or the exercise of any power
or function of the board.
6. Members of the board shall not receive compensation for their
services as members, but shall be allowed their actual and necessary
expenses incurred in the performance of their duties.
[7. For the purposes of this section the following counties shall
constitute the following geographic areas:
(a) Long Island: the counties of Nassau and Suffolk.
(b) New York City: the counties of Kings, Queens, Richmond, New York
and Bronx.
(c) Hudson Valley: the counties of Westchester, Rockland, Putnam,
Orange, Dutchess, Ulster, Greene, Columbia, Sullivan and Delaware.
(d) Northern New York: the counties of Albany, Clinton, Essex, Frank-
lin, Fulton, Herkimer, Hamilton, Montgomery, Otsego, Rensselaer, Sarato-
ga, Schenectady, Schoharie, Warren and Washington.
(e) Central New York: the counties of Broome, Cayuga, Chemung, Chenan-
go, Cortland, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Sene-
ca, Schuyler, St. Lawrence, Tioga, Tompkins and Wayne.
(f) Western New York: the counties of Allegany, Cattaraugus, Chautau-
qua, Erie, Genesee, Niagara, Orleans, Wyoming, Livingston, Monroe,
Ontario, Steuben and Yates.]
S 5. Subdivision 1 of section 2411 of the public health law, as
amended by chapter 219 of the laws of 1997, paragraph (e) as amended by
chapter 106 of the laws of 2013, and paragraph (h) as amended by chapter
638 of the laws of 2008, is amended to read as follows:
1. The board shall:
(a) Survey state agencies, boards, programs and other state govern-
mental entities to assess what, if any, relevant data has been or is
being collected which may be of use to researchers engaged in breast[,
prostate or testicular] cancer research;
(b) Consistent with the survey conducted pursuant to paragraph (a) of
this subdivision, compile a list of data collected by state agencies
which may be of assistance to researchers engaged in breast[, prostate
or testicular] cancer research as established in section twenty-four
hundred twelve of this title;
(c) Consult with the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
A. 8558--C 10
and Research, the National Academy of Sciences and other organizations
or entities which may be involved in cancer research to solicit both
information regarding breast[, prostate and testicular] cancer research
projects that are currently being conducted and recommendations for
future research projects;
(d) Review requests made to the commissioner for access to information
pursuant to paragraph b of subdivision one of section 33-1203 and para-
graph c of subdivision two of section 33-1205 of the environmental
conservation law for use in human health related research projects.
REQUESTS FOR INFORMATION FROM MUNICIPAL HEALTH DEPARTMENTS AND ENVIRON-
MENTAL AGENCIES SHALL NOT BE SUBJECT TO BOARD REVIEW PROVIDED THAT SUCH
REQUESTS ARE LIMITED TO INFORMATION WITHIN THE REQUESTING MUNICIPALITY'S
BOUNDARIES. Such data shall [only] be provided to researchers engaged in
[human health related] SCIENTIFIC research INCLUDING BUT NOT LIMITED TO
RESEARCH ON HUMAN HEALTH, AGRICULTURAL USE, ECOLOGICAL AND ENVIRONMENTAL
IMPACTS. The request made by such researchers shall include a copy of
the research proposal or the research protocol approved by their insti-
tution and copies of their institution's Institutional Review Board
(IRB) or equivalent review board approval of such proposal or protocol.
In the case of research conducted outside the auspices of an institution
by a researcher previously published in a peer-reviewed scientific jour-
nal, the board shall request copies of the research proposal and shall
deny access to the site-specific and nine-digit zip code pesticide data
if the board determines that such proposal does not follow accepted
scientific practice for the design of a research project. The board
shall establish guidelines to restrict the dissemination by researchers
of the name, address or other information that would otherwise identify
a commercial applicator or private applicator or any person who receives
the services of a commercial applicator;
(e) Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the breast cancer research and education fund, created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research or educational programs which focus on the causes, prevention,
screening, treatment and cure of breast cancer and may include, but are
not limited to mapping of breast cancer, and basic, behavioral, clin-
ical, demographic, environmental, epidemiologic and psychosocial
research. The board shall make recommendations to the commissioner, and
the commissioner shall, in his or her discretion, grant approval of
applications for grants from those applications recommended by the
board. The board shall consult with the Centers for Disease Control and
Prevention, the National Institutes of Health, the Federal Agency For
Health Care Policy and Research, the National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to solicit both information
regarding breast cancer research projects that are currently being
conducted and recommendations for future research projects. As used in
this section, "qualified research institution" may include academic
medical institutions, state or local government agencies, public or
private organizations within this state, and any other institution
approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for a grant from the breast cancer research and education fund, he or
she shall be prohibited from reviewing and making a recommendation on
the application;
A. 8558--C 11
(f) Consider, based on evolving scientific evidence, whether a corre-
lation exists between pesticide use and pesticide exposure. As part of
such consideration the board shall make recommendations as to methodol-
ogies which may be utilized to establish such correlation;
(g) After two years of implementation of pesticide reporting pursuant
to section 33-1205 of the environmental conservation law, the board
shall compare the percentage of agricultural crop production general use
pesticides being reported to the total amount of such pesticides being
used in this state as estimated by Cornell University, Cornell Cooper-
ative Extension, the department of environmental conservation, and the
Environmental Protection Agency;
(h) Meet at least six times in the first year, at the request of the
chair and at any other time as the chair deems necessary. The board
shall meet at least [four times] TWICE a year thereafter. Provided,
however, that at least one such meeting a year shall be a public hear-
ing, at which the general public may question and present information
and comments to the board with respect to the operation of the health
research science board, AND the breast cancer research and education
fund[, the prostate and testicular cancer research and education fund
and pesticide reporting established pursuant to sections 33-1205 and
33-1207 of the environmental conservation law. At such hearing, the
commissioner of the department of environmental conservation or his or
her designee shall make a report to the board with respect to the effi-
ciency and utility of pesticide reporting established pursuant to
sections 33-1205 and 33-1207 of the environmental conservation law].
SHOULD THE EXISTING BYLAWS BE AMENDED BY THE BOARD, ANY SUCH AMENDMENTS
SHALL BE CONSISTENT WITH THE REVISIONS OF THIS PARAGRAPH;
S 6. Section 2409-a of the public health law, as added by section 73
of part D of chapter 60 of the laws of 2012, is amended to read as
follows:
S 2409-a. Advisory council. 1. There is hereby established in the
department the [breast, cervical and ovarian] cancer detection and
education program advisory council, for the purpose of advising the
commissioner with regards to providing information to consumers,
patients, and health care providers relating, but not limited to,
breast, cervical, PROSTATE, TESTICULAR and ovarian cancer, including
signs and symptoms, risk factors, the benefits of prevention and early
detection, guideline concordant cancer screening and disease management,
options for diagnostic testing and treatment, new technologies, and
survivorship.
2. The advisory council shall make recommendations to the department
regarding the promotion and implementation of programs under sections
twenty-four hundred six and twenty-four hundred nine of this title.
3. The commissioner shall appoint twenty-one voting members, which
shall include representation of health care professionals, consumers,
patients, PROVIDED, HOWEVER, THAT ONE VOTING MEMBER SHALL BE A PERSON
WHO HAS OR HAS HAD BREAST, CERVICAL OR OVARIAN CANCER, AND ONE VOTING
MEMBER SHALL BE A PERSON WHO HAS OR HAS HAD PROSTATE OR TESTICULAR
CANCER and other appropriate interest reflective of the diversity of the
state, with expertise in breast, cervical, PROSTATE, TESTICULAR and/or
ovarian cancer. The commissioner shall appoint one member as a chair-
person. The members of the council shall receive no compensation for
their services, but shall be allowed their actual and necessary expenses
incurred in performance of their duties.
4. A majority of the appointed voting membership of the board shall
constitute quorum.
A. 8558--C 12
5. The advisory council shall meet at least twice a year, at the
request of the department.
S 7. Section 95-e of the state finance law, as added by chapter 273
of the laws of 2004 and subdivision 2 as amended by section 1 of part A
of chapter 58 of the laws of 2004, is amended to read as follows:
[S 95-e.] S 95-H. New York state prostate cancer research, detection
and education fund. 1. There is hereby established in the joint custody
of the commissioner of taxation and finance and the comptroller, a
special fund to be known as the "New York state prostate cancer
research, detection and education fund".
2. Such fund shall consist of all revenues received pursuant to the
provisions of sections two hundred nine-E and six hundred thirty of the
tax law, all revenues received pursuant to appropriations by the legis-
lature, and all moneys appropriated, credited, or transferred thereto
from any other fund or source pursuant to law. For each state fiscal
year, there shall be appropriated to the fund by the state, in addition
to all other moneys required to be deposited into such fund, an amount
equal to the amounts of monies collected and deposited into the fund
pursuant to sections [two hundred nine-e] TWO HUNDRED NINE-E and six
hundred thirty of the tax law during the preceding calendar year, as
certified by the comptroller. Nothing contained herein shall prevent the
state from receiving grants, gifts or bequests for the purposes of the
fund as defined in this section and depositing them into the fund
according to law. Any interest received by the comptroller on moneys on
deposit in such fund shall be retained in and become part of such fund.
3. [Moneys] TEN PERCENT of the fund shall be expended [only to provide
grants to the New York State Coalition to Cure Prostate Cancer, a not-
for-profit corporation established in this state which is incorporated
for the purpose of advancing and financing prostate cancer research,
detection and education projects. To the extent practicable, the New
York State Coalition to Cure Prostate Cancer shall cooperate and coordi-
nate its efforts with the prostate and testicular cancer detection and
education advisory council established pursuant to section twenty-four
hundred sixteen of the public health law] TO CANCER CENTERS DESIGNATED
AS COMPREHENSIVE BY THE NATIONAL INSTITUTES OF HEALTH OPERATING IN THE
STATE FOR EDUCATION, ADVERTISING AND OUTREACH ON ISSUES RELATING TO
PROSTATE AND TESTICULAR CANCER. NINETY PERCENT OF THE FUND SHALL BE
ALLOCATED TO CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE NATIONAL
INSTITUTES OF HEALTH OPERATING IN THE STATE FOR PROSTATE AND TESTICULAR
CANCER RESEARCH. FUNDS SHALL BE ALLOCATED EVENLY AMONG THE THREE
NATIONAL CANCER INSTITUTES OPERATING IN THE STATE.
4. THERE SHALL BE A COMMITTEE CONSISTING OF ONE REPRESENTATIVE OF
EACH OF THE CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE NATIONAL
INSTITUTES OF HEALTH OPERATING IN THE STATE AND THE COMMISSIONER OF
HEALTH, OR HIS OR HER DESIGNEE, TO MAKE RECOMMENDATIONS AND APPROVE
APPROPRIATE USE OF THE NEW YORK STATE PROSTATE CANCER RESEARCH,
DETECTION AND EDUCATION FUND AS ALLOCATED PURSUANT TO SUBDIVISION THREE
OF THIS SECTION.
5. FIFTY PERCENT OF ACCUMULATED MONEY OF THE FUND THAT HAS NOT BEEN
SPENT SHALL BE DISBURSED TO THE CANCER CENTERS DESIGNATED AS COMPREHEN-
SIVE BY THE NATIONAL INSTITUTES OF HEALTH OPERATING IN THE STATE PURSU-
ANT TO THIS SECTION IN THE FISCAL YEAR IMMEDIATELY FOLLOWING THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN THAT ADDED
THIS SUBDIVISION. THE REMAINING FIFTY PERCENT SHALL BE DISTRIBUTED IN
THE FOLLOWING FISCAL YEAR.
A. 8558--C 13
6. ALL FUNDS COLLECTED IN A FISCAL YEAR SHALL BE ALLOCATED TO THE
CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE NATIONAL INSTITUTES OF
HEALTH IN THE FOLLOWING FISCAL YEAR.
7. On or before the first day of February each year, the comptroller
shall certify to the governor, temporary president of the senate, speak-
er of the assembly, chair of the senate finance committee and chair of
the assembly ways and means committee, the amount of money deposited by
source in the New York state prostate cancer research, detection and
education and treatment fund during the preceding calendar year as the
result of revenue derived pursuant to sections two hundred nine-E and
six hundred thirty of the tax law and from all other sources.
[5.] 8. As a condition of receiving grants from the fund, the [New
York State Coalition To Cure Prostate Cancer shall agree to issue and]
CANCER CENTERS DESIGNATED AS COMPREHENSIVE BY THE NATIONAL INSTITUTES OF
HEALTH OPERATING IN THE STATE RECEIVING FUNDS PURSUANT TO THIS SECTION
shall issue, on or before the first day of February each year, a report
including, but not limited to, financial statements, financial reports
and reports on the issuance of grants. SUCH REPORTS SHALL SET FORTH AN
ACCOUNTING OF HOW SUCH FUNDS WERE UTILIZED AND THE RESULTS OF ANY
RESEARCH UNDERTAKEN WITH FUNDS RECEIVED PURSUANT TO THIS SECTION. Such
reports shall be delivered to the governor and the chairs of the senate
finance committee and the assembly ways and means committee AND THE
COMMISSIONER OF THE DEPARTMENT OF HEALTH and shall also be made avail-
able to the public. Such financial statements and reports shall be
audited by a nationally recognized accounting firm.
[6.] 9. THE COMMITTEE REQUIRED BY SUBDIVISION FOUR OF THIS SECTION
SHALL REPORT TO THE GOVERNOR AND THE CHAIRS OF THE SENATE FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE COMMISSIONER
OF THE DEPARTMENT OF HEALTH ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH
YEAR ON THE ALLOCATION OF THE FUND.
10. Moneys shall be payable from the fund [to the New York State
Coalition to Cure Prostate Cancer] on the audit and warrant of the comp-
troller on vouchers approved by the comptroller.
S 7-a. Section 209-E of the tax law, as added by chapter 273 of the
laws of 2004, is amended to read as follows:
S 209-E. Gift for prostate cancer research, detection and education.
Effective for any tax year commencing on or after January first, two
thousand four, a taxpayer in any taxable year may elect to contribute to
the support of the New York state prostate cancer research, detection
and education fund. Such contribution shall be in any whole dollar
amount and shall not reduce the amount of the state tax owed by such
taxpayer. The commissioner shall include space on the corporate income
tax return to enable a taxpayer to make such contribution. Notwith-
standing any other provision of law, all revenues collected pursuant to
this section shall be credited to the New York state prostate cancer
research, detection and education fund and shall be used only for those
purposes enumerated in section [ninety-five-e] NINETY-FIVE-H of the
state finance law.
S 7-b. Section 630 of the tax law, as added by chapter 273 of the laws
of 2004, is amended to read as follows:
S 630. Gift for prostate cancer research, detection and education.
Effective for any tax year commencing on or after January first, two
thousand four, an individual in any taxable year may elect to contribute
to the New York state prostate cancer research, detection and education
fund. Such contribution shall be in any whole dollar amount and shall
not reduce the amount of state tax owed by such individual. The commis-
A. 8558--C 14
sioner shall include space on the personal income tax return to enable a
taxpayer to make such contribution. Notwithstanding any other provision
of law all revenues collected pursuant to this section shall be credited
to the New York state prostate cancer research, detection and education
fund and used only for those purposes enumerated in section [ninety-
five-e] NINETY-FIVE-H of the state finance law.
S 7-c. The opening paragraphs of paragraphs (c) and (k) of subdivision
1 of section 2807-v of the public health law, as amended by section 8 of
part C of chapter 59 of the laws of 2011, are amended to read as
follows:
Funds shall be deposited by the commissioner, within amounts appropri-
ated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, enhanced community services account, or any
successor fund or account, for mental health services programs for case
management services for adults and children; supported housing; home and
community based waiver services; family based treatment; family support
services; mobile mental health teams; transitional housing; and communi-
ty oversight, established pursuant to articles seven and forty-one of
the mental hygiene law and subdivision nine of section three hundred
sixty-six of the social services law; and for comprehensive care centers
for eating disorders pursuant to the former section twenty-seven hundred
ninety-nine-l of this chapter, provided however that, for such centers,
funds in the amount of five hundred thousand dollars on an annualized
basis shall be transferred from the enhanced community services account,
or any successor fund or account, and deposited into the fund estab-
lished by section [ninety-five-e] NINETY-FIVE-H of the state finance
law; from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
Funds shall be deposited by the commissioner, within amounts appropri-
ated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue fund -
other, HCRA transfer fund, health care services account, or any succes-
sor fund or account, for purposes of services and expenses related to
public health programs, including comprehensive care centers for eating
disorders pursuant to the former section twenty-seven hundred ninety-
nine-l of this chapter, provided however that, for such centers, funds
in the amount of five hundred thousand dollars on an annualized basis
shall be transferred from the health care services account, or any
successor fund or account, and deposited into the fund established by
section [ninety-five-e] NINETY-FIVE-H of the state finance law for peri-
ods prior to March thirty-first, two thousand eleven, from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
S 8. The public health law is amended by adding a new section 2825 to
read as follows:
S 2825. CAPITAL RESTRUCTURING FINANCING PROGRAM. 1. A CAPITAL RESTRUC-
TURING FINANCING PROGRAM IS HEREBY ESTABLISHED UNDER THE JOINT ADMINIS-
TRATION OF THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY
OF THE STATE OF NEW YORK FOR THE PURPOSE OF ENHANCING THE QUALITY,
FINANCIAL VIABILITY AND EFFICIENCY OF NEW YORK'S HEALTH CARE DELIVERY
SYSTEM BY TRANSFORMING THE SYSTEM INTO A MORE RATIONAL PATIENT-CENTERED
CARE SYSTEM THAT PROMOTES POPULATION HEALTH AND IMPROVED WELL-BEING FOR
ALL NEW YORKERS.
2. FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, FUNDS MADE AVAILABLE FOR EXPENDI-
A. 8558--C 15
TURE PURSUANT TO THIS SECTION MAY BE DISTRIBUTED BY THE COMMISSIONER AND
THE PRESIDENT OF THE AUTHORITY FOR CAPITAL GRANTS TO GENERAL HOSPITALS,
RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS,
AND CLINICS LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL
HYGIENE LAW, ASSISTED LIVING PROGRAMS, PRIMARY CARE PROVIDERS, AND HOME
CARE PROVIDERS (COLLECTIVELY, "GRANTEES"), FOR CAPITAL WORKS OR PURPOSES
THAT SUPPORT THE PURPOSES SET FORTH IN THIS SECTION. SUCH CAPITAL WORKS
OR PURPOSES MAY INCLUDE BUT ARE NOT LIMITED TO CLOSURES, MERGERS,
RESTRUCTURING, IMPROVEMENTS TO INFRASTRUCTURE, DEVELOPMENT OF PRIMARY
CARE SERVICE CAPACITY, DEVELOPMENT OF TELEHEALTH SERVICES, AND PROMOTION
OF INTEGRATED DELIVERY SYSTEMS THAT STRENGTHEN AND PROTECT CONTINUED
ACCESS TO ESSENTIAL HEALTH CARE SERVICES.
3. THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY SHALL ENTER
INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE DIRECTOR OF THE BUDGET,
FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND ADMINISTERING THE FUNDS
MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH AGREEMENT SHALL INCLUDE
CRITERIA PERTAINING TO THE EVALUATION OF APPLICATIONS AND DETERMINATION
OF AWARDS FOR FUNDS MADE AVAILABLE FOR THE PURPOSES OF THIS SECTION,
INCLUDING, BUT NOT LIMITED TO:
(A) ELIGIBILITY REQUIREMENTS FOR APPLICANTS;
(B) STATEWIDE GEOGRAPHIC DISTRIBUTION OF FUNDS;
(C) MINIMUM AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE
PROGRAM;
(D) THE RELATIONSHIP BETWEEN THE PROJECT PROPOSED BY AN APPLICANT AND
IDENTIFIED COMMUNITY NEED;
(E) THE EXTENT TO WHICH THE APPLICANT HAS ACCESS TO ALTERNATIVE
FINANCING;
(F) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE PURPOSES SET
FORTH IN THIS SECTION;
(G) THE EXTENT THAT THE PROPOSED PROJECT FURTHERS THE DEVELOPMENT OF
PRIMARY CARE;
(H) THE EXTENT TO WHICH THE PROPOSED PROJECT BENEFITS MEDICAID ENROL-
LEES AND UNINSURED INDIVIDUALS; AND
(I) THE EXTENT TO WHICH THE PROPOSED PROJECT WILL CONTRIBUTE TO THE
LONG TERM SUSTAINABILITY OF THE APPLICANT.
IN EVALUATING SUCH APPLICATIONS AND MAKING AWARD DETERMINATIONS, PREF-
ERENCE WILL BE GIVEN TO: (I) THOSE APPLICANTS THAT HAVE BEEN DEEMED
ELIGIBLE FOR NEW YORK'S MEDICAID REDESIGN TEAM WAIVER DELIVERY SYSTEM
REFORM INCENTIVE PAYMENT PROGRAM (DSRIP), IN WHICH CASE SUCH APPLICATION
SHALL BE COORDINATED WITH THE APPLICANT'S DSRIP APPLICATION; (II) OTHER
TRANSFORMATIONAL PROGRAMS AS DETERMINED BY THE COMMISSIONER; AND (III)
APPLICATIONS THAT WILL BENEFIT THE GREATEST NUMBER OF MEDICAID ENROLLEES
AND UNINSURED INDIVIDUALS.
4. THE COMMISSIONER SHALL REPORT QUARTERLY TO THE CHAIR OF THE SENATE
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE,
THE CHAIR OF THE SENATE HEALTH COMMITTEE, AND THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE ON ANY PROJECTS, PROGRAMS OR INITIATIVES APPROVED
PURSUANT TO THIS SECTION, INCLUDING, BUT NOT LIMITED TO, THE
PROVIDER-SPECIFIC FUNDING ALLOCATIONS, THE PROGRAMMATIC DETAILS AND
GOALS OF EACH PROJECT, THE PROJECT-SPECIFIC ALLOCATIONS AND DISTRIB-
UTIONS FOR THE PREVIOUS QUARTER, ANY PROGRAMMATIC CHANGES MADE AS THE
RESULT OF THIS SECTION, ANY STATE SAVINGS GENERATED FROM APPROVED
PROJECTS OR OTHER RELATED INITIATIVES, AND ANY OTHER INFORMATION DEEMED
APPROPRIATE FOR THE PROPER EVALUATION OF THESE PROJECTS. FOR PURPOSES OF
THIS SUBDIVISION THE COMMISSIONER MAY INCLUDE THIS INFORMATION IN THE
A. 8558--C 16
REPORT REQUIRED PURSUANT TO SUBDIVISIONS TWENTY AND TWENTY-ONE OF
SECTION TWENTY-EIGHT HUNDRED SEVEN OF THIS ARTICLE.
S 9. Intentionally omitted.
S 10. Paragraph (c) of subdivision 1 of section 2815 of the public
health law, as added by chapter 639 of the laws of 1996, is amended to
read as follows:
(c) "Participating [general hospital] BORROWER" shall mean a not-for-
profit general hospital, A NOT-FOR-PROFIT DIAGNOSTIC CENTER, A NOT-FOR-
PROFIT TREATMENT CENTER, A NOT-FOR-PROFIT RESIDENTIAL HEALTH CARE FACIL-
ITY OR ANY OTHER NOT-FOR-PROFIT ENTITY IN POSSESSION OF A VALID
OPERATING CERTIFICATE ISSUED PURSUANT TO THIS ARTICLE, EACH organized
under the laws of this state, which has been approved for participation
in this program by the commissioner.
S 11. Paragraphs (b), (c), and (d) of subdivision 3 and subdivisions
3-a, 4, 5, and 6 of section 2815 of the public health law, as added by
chapter 639 of the laws of 1996, subdivision 3-a as added by chapter 1
of the laws of 1999, are amended to read as follows:
(b) for the development and implementation of business plans for
participating [general hospitals] BORROWERS, addressing the development
of service delivery strategies, including strategies for the formation
or strengthening of networks, affiliations or other business combina-
tions, designed to provide long-term financial stability within and
among participating [general hospitals] BORROWERS;
(c) for the expenditure or loan of funds by the authority from the
restructuring pool to reimburse the authority or the agency, where
appropriate, for the costs of engaging management, legal or accounting
consultants to identify, develop and implement improved strategies for
one or more participating [general hospitals] BORROWERS for implementing
the recommendations of such consultants, where appropriate, and for the
payment of debt service on bonds, notes or other obligations issued or
incurred by the authority or the agency to fund loans to one or more
participating [general hospitals] BORROWERS;
(d) for assurances that participating [general hospitals] BORROWERS
will address the recommendations of such consultants and furnish the
commissioner, the authority, and where applicable, the agency, with such
additional financial, management, legal and operational information as
each may deem necessary to monitor the performance of a participating
[general hospital] BORROWER; and
3-a. Any participating [general hospital] BORROWER may apply for
restructuring pool funds to the extent such funds are derived from
deposits made pursuant to paragraph (d) of subdivision one of section
twenty-eight hundred seven-l of this article, provided, however, that,
in reviewing such applications, the commissioner and the authority shall
consider the extent to which the applicant hospital has alternative
available sources of funds, including, but not limited to, funds avail-
able through affiliation agreements with other hospitals OR ENTITIES.
4. To the extent funds are available from a participating [general
hospital] BORROWER therefor, expenditures from the restructuring pool
shall be repaid to the restructuring pool from repayments received by
the authority, or the agency where applicable, from a participating
[general hospital] BORROWER pursuant to the terms of any financing
agreement, mortgage or loan document permitting the recovery from the
participating [general hospital] BORROWER of such expenditures. The
authority shall record and account for all such payments, which shall be
deposited in the restructuring pool.
A. 8558--C 17
5. Loans from the restructuring pool shall be made pursuant to an
agreement with the participating [general hospital] BORROWER specifying
the terms thereof, including repayment terms. The authority shall record
and account for all such repayments, which shall be deposited in the
restructuring pool. The authority shall notify the chair of the senate
finance committee, the director of the division of budget, the chair of
the assembly ways and means committee, five days prior to the making of
a loan from the restructuring pool. The authority shall also report
quarterly to such chairpersons on the transactions in the pool, includ-
ing but not limited to deposits to the pool, loans made from the pool,
investment income, and the balance on hand as of the end of the month
for each such quarter.
6. The commissioner is authorized, with the assistance and cooperation
of the authority, to provide a program of technical assistance to
participating [general hospitals] BORROWERS.
S 12. Intentionally omitted.
S 13. Intentionally omitted.
S 14. Intentionally omitted.
S 15. Subdivisions 1, 2 and 3 of section 2802 of the public health
law, subdivisions 1 and 2 as amended by section 58 of part A of chapter
58 of the laws of 2010, subdivision 3 as amended by chapter 609 of the
laws of 1982 and paragraph (e) of subdivision 3 as amended by chapter
731 of the laws of 1993, are amended to read as follows:
1. An application for such construction shall be filed with the
department, together with such other forms and information as shall be
prescribed by, or acceptable to, the department. Thereafter the depart-
ment shall forward a copy of the application and accompanying documents
to the public health and health planning council, and the health systems
agency, if any, having geographical jurisdiction of the area where the
hospital is located.
2. The commissioner shall not act upon an application for construction
of a hospital until the public health and health planning council and
the health systems agency have had a reasonable time to submit their
recommendations, and unless (a) the applicant has obtained all approvals
and consents required by law for its incorporation or establishment
(including the approval of the public health and health planning council
pursuant to the provisions of this article) provided, however, that the
commissioner may act upon an application for construction by an appli-
cant possessing a valid operating certificate when the application qual-
ifies for review without the recommendation of the council pursuant to
regulations adopted by the council and approved by the commissioner; and
(b) the commissioner is satisfied as to the public need for the
construction, at the time and place and under the circumstances
proposed, provided however that[,] in the case of an application by a
hospital established or operated by an organization defined in subdivi-
sion one of section four hundred eighty-two-b of the social services
law, the needs of the members of the religious denomination concerned,
for care or treatment in accordance with their religious or ethical
convictions, shall be deemed to be public need[.]; AND FURTHER PROVIDED
THAT: (I) AN APPLICATION BY A GENERAL HOSPITAL OR DIAGNOSTIC AND TREAT-
MENT CENTER, ESTABLISHED UNDER THIS ARTICLE, TO CONSTRUCT A FACILITY TO
PROVIDE PRIMARY CARE SERVICES, AS DEFINED IN REGULATION, MAY BE APPROVED
WITHOUT REGARD FOR PUBLIC NEED; OR (II) AN APPLICATION BY A GENERAL
HOSPITAL OR A DIAGNOSTIC AND TREATMENT CENTER, ESTABLISHED UNDER THIS
ARTICLE, TO UNDERTAKE CONSTRUCTION THAT DOES NOT INVOLVE A CHANGE IN
CAPACITY, THE TYPES OF SERVICES PROVIDED, MAJOR MEDICAL EQUIPMENT,
A. 8558--C 18
FACILITY REPLACEMENT, OR THE GEOGRAPHIC LOCATION OF SERVICES, MAY BE
APPROVED WITHOUT REGARD FOR PUBLIC NEED.
3. Subject to the provisions of paragraph (b) of subdivision two OF
THIS SECTION, the commissioner in approving the construction of a hospi-
tal shall take into consideration and be empowered to request informa-
tion and advice as to (a) the availability of facilities or services
such as preadmission, ambulatory or home care services which may serve
as alternatives or substitutes for the whole or any part of the proposed
hospital construction;
(b) the need for special equipment in view of existing utilization of
comparable equipment at the time and place and under the circumstances
proposed;
(c) the possible economies and improvements in service to be antic-
ipated from the operation of joint central services including, but not
limited to laboratory, research, radiology, pharmacy, laundry and
purchasing;
(d) the adequacy of financial resources and sources of future revenue,
PROVIDED THAT THE COMMISSIONER MAY, BUT IS NOT REQUIRED TO, CONSIDER THE
ADEQUACY OF FINANCIAL RESOURCES AND SOURCES OF FUTURE REVENUE IN
RELATION TO APPLICATIONS UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH
(B) OF SUBDIVISION TWO OF THIS SECTION; and
(e) whether the facility is currently in substantial compliance with
all applicable codes, rules and regulations, provided, however, that the
commissioner shall not disapprove an application solely on the basis
that the facility is not currently in substantial compliance, if the
application is specifically:
(i) to correct life safety code or patient care deficiencies;
(ii) to correct deficiencies which are necessary to protect the life,
health, safety and welfare of facility patients, residents or staff;
(iii) for replacement of equipment that no longer meets the generally
accepted operational standards existing for such equipment at the time
it was acquired; and
(iv) for decertification of beds and services.
S 16. Subdivisions 1, 2 and 3 of section 2807-z of the public health
law, as amended by chapter 400 of the laws of 2012, are amended to read
as follows:
1. Notwithstanding any provision of this chapter or regulations or any
other state law or regulation, for any eligible capital project as
defined in subdivision six of this section, the department shall have
thirty days [of] AFTER receipt of the certificate of need OR
CONSTRUCTION application, PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO
OF THIS ARTICLE, for a limited or administrative review to deem such
application complete. If the department determines the application is
incomplete or that more information is required, the department shall
notify the applicant in writing within thirty days of the date of the
application's submission, and the applicant shall have twenty business
days to provide additional information or otherwise correct the defi-
ciency in the application.
2. For an eligible capital project requiring a limited or administra-
tive review, within ninety days of the department deeming the applica-
tion complete, the department shall make a decision to approve or disap-
prove the certificate of need OR CONSTRUCTION application for such
project. If the department determines to disapprove the project, the
basis for such disapproval shall be provided in writing; however, disap-
proval shall not be based on the incompleteness of the application. If
the department fails to take action to approve or disapprove the appli-
A. 8558--C 19
cation within ninety days of the certificate of need application being
deemed complete, the application will be deemed approved.
3. For an eligible capital project requiring full review by the coun-
cil, the certificate of need OR CONSTRUCTION application shall be placed
on the next council agenda following the department deeming the applica-
tion complete.
S 17. Section 2801-a of the public health law is amended by adding a
new subdivision 3-b to read as follows:
3-B. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS CHAPTER TO THE
CONTRARY, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY APPROVE THE
ESTABLISHMENT OF DIAGNOSTIC OR TREATMENT CENTERS TO BE ISSUED OPERATING
CERTIFICATES FOR THE PURPOSE OF PROVIDING PRIMARY CARE, AS DEFINED BY
THE COMMISSIONER IN REGULATIONS, WITHOUT REGARD TO THE REQUIREMENTS OF
PUBLIC NEED AND FINANCIAL RESOURCES AS SET FORTH IN SUBDIVISION THREE OF
THIS SECTION.
S 18. Subdivision 3 of section 2801-a of the public health law, as
amended by section 57 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
3. The public health and health planning council shall not approve a
certificate of incorporation, articles of organization or application
for establishment unless it is satisfied, insofar as applicable, as to
(a) the public need for the existence of the institution at the time and
place and under the circumstances proposed, provided, however, that in
the case of an institution proposed to be established or operated by an
organization defined in subdivision one of section one hundred seventy-
two-a of the executive law, the needs of the members of the religious
denomination concerned, for care or treatment in accordance with their
religious or ethical convictions, shall be deemed to be public need; (b)
the character, competence, and standing in the community, of the
proposed incorporators, directors, sponsors, MEMBERS, PRINCIPAL MEMBERS,
stockholders, [members] PRINCIPAL STOCKHOLDERS or operators; with
respect to any proposed incorporator, director, sponsor, MEMBER, PRINCI-
PAL MEMBER, stockholder, [member] PRINCIPAL STOCKHOLDER or operator who
is already or within the past [ten] SEVEN years has been an incorpora-
tor, director, sponsor, member, principal stockholder, principal member,
or operator of any hospital, private proprietary home for adults, resi-
dence for adults, or non-profit home for the aged or blind which has
been issued an operating certificate by the state department of social
services, or a halfway house, hostel or other residential facility or
institution for the care, custody or treatment of the mentally disabled
which is subject to approval by the department of mental hygiene, no
approval shall be granted unless the public health and health planning
council, having afforded an adequate opportunity to members of health
systems agencies, if any, having geographical jurisdiction of the area
where the institution is to be located to be heard, shall affirmatively
find by substantial evidence as to each such incorporator, director,
sponsor, MEMBER, PRINCIPAL MEMBER, principal stockholder or operator
that a substantially consistent high level of care is being or was being
rendered in each such hospital, home, residence, halfway house, hostel,
or other residential facility or institution with which such person is
or was affiliated; for the purposes of this paragraph, the public health
and health planning council shall adopt rules and regulations, subject
to the approval of the commissioner, to establish the criteria to be
used to determine whether a substantially consistent high level of care
has been rendered, provided, however, that there shall not be a finding
that a substantially consistent high level of care has been rendered
A. 8558--C 20
where there have been violations of the state hospital code, or other
applicable rules and regulations, that (i) threatened to directly affect
the health, safety or welfare of any patient or resident, and (ii) were
recurrent or were not promptly corrected, UNLESS THE PROPOSED INCORPORA-
TOR, DIRECTOR, SPONSOR, MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL
STOCKHOLDER, OR OPERATOR DEMONSTRATES, AND THE PUBLIC HEALTH AND HEALTH
PLANNING COUNCIL FINDS, THAT THE VIOLATIONS CANNOT BE ATTRIBUTED TO THE
ACTION OR INACTION OF SUCH PROPOSED INCORPORATOR, DIRECTOR, SPONSOR,
MEMBER, PRINCIPAL MEMBER, STOCKHOLDER, PRINCIPAL STOCKHOLDER, OR OPERA-
TOR DUE TO THE TIMING, EXTENT OR MANNER OF THE AFFILIATION; (c) the
financial resources of the proposed institution and its sources of
future revenues; and (d) such other matters as it shall deem pertinent.
S 19. Paragraphs (b) and (c) of subdivision 4 of section 2801-a of the
public health law, as amended by section 57 of part A of chapter 58 of
the laws of 2010, are amended to read as follows:
(b) [(i)] Any transfer, assignment or other disposition of ten percent
or more of [an] DIRECT OR INDIRECT interest or voting rights in [a part-
nership or limited liability company, which is the] AN operator of a
hospital to a new STOCKHOLDER, partner or member, OR ANY TRANSFER,
ASSIGNMENT OR OTHER DISPOSITION OF A DIRECT OR INDIRECT INTEREST OR
VOTING RIGHTS OF SUCH AN OPERATOR WHICH RESULTS IN THE OWNERSHIP OR
CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST OR VOTING RIGHTS OF
SUCH OPERATOR BY ANY PERSON NOT PREVIOUSLY APPROVED BY THE PUBLIC HEALTH
AND HEALTH PLANNING COUNCIL, OR ITS PREDECESSOR, FOR THAT OPERATOR shall
be approved by the public health and health planning council, in accord-
ance with the provisions of subdivisions two and three of this section,
except that: (A) any such change shall be subject to the approval by the
public health and health planning council in accordance with paragraph
(b) of subdivision three of this section only with respect to the new
STOCKHOLDER, partner or member, and any remaining STOCKHOLDERS, partners
or members who have not been previously approved for that facility in
accordance with such paragraph, and (B) such change shall not be subject
to paragraph (a) of subdivision three of this section. IN THE ABSENCE OF
SUCH APPROVAL, THE OPERATING CERTIFICATE OF SUCH HOSPITAL SHALL BE
SUBJECT TO REVOCATION OR SUSPENSION.
[(ii)] (C) (I) With respect to a transfer, assignment or disposition
involving less than ten percent of [an] A DIRECT OR INDIRECT interest or
voting rights in [such partnership or limited liability company] AN
OPERATOR OF A HOSPITAL to a new STOCKHOLDER, partner or member, no prior
approval of the public health and health planning council shall be
required. However, no such transaction shall be effective unless at
least ninety days prior to the intended effective date thereof, the
[partnership or limited liability company] OPERATOR fully completes and
files with the public health and health planning council notice on a
form, to be developed by the public health and health planning council,
which shall disclose such information as may reasonably be necessary for
the public health and health planning council to determine whether it
should bar the transaction for any of the reasons set forth in item (A),
(B), (C) or (D) below. Within ninety days from the date of receipt of
such notice, the public health and health planning council may bar any
transaction under this subparagraph: (A) if the equity position of the
[partnership or limited liability company,] OPERATOR, determined in
accordance with generally accepted accounting principles, would be
reduced as a result of the transfer, assignment or disposition; (B) if
the transaction would result in the ownership of a [partnership or
membership] DIRECT OR INDIRECT interest OR VOTING RIGHTS by any persons
A. 8558--C 21
who have been convicted of a felony described in subdivision five of
section twenty-eight hundred six of this article; (C) if there are
reasonable grounds to believe that the proposed transaction does not
satisfy the character and competence criteria set forth in subdivision
three of this section; or (D) UPON THE RECOMMENDATION OF THE COMMISSION-
ER, if the transaction, together with all transactions under this
subparagraph for the [partnership] OPERATOR, or successor, during any
five year period would, in the aggregate, involve twenty-five percent or
more of the interest in the [partnership] OPERATOR. The public health
and health planning council shall state specific reasons for barring any
transaction under this subparagraph and shall so notify each party to
the proposed transaction.
[(iii) With respect to a transfer, assignment or disposition of an
interest or voting rights in such partnership or limited liability
company to any remaining partner or member, which transaction involves
the withdrawal of the transferor from the partnership or limited liabil-
ity company, no prior approval of the public health and health planning
council shall be required. However, no such transaction shall be effec-
tive unless at least ninety days prior to the intended effective date
thereof, the partnership or limited liability company fully completes
and files with the public health and health planning council notice on a
form, to be developed by the public health and health planning council,
which shall disclose such information as may reasonably be necessary for
the public health and health planning council to determine whether it
should bar the transaction for the reason set forth below. Within ninety
days from the date of receipt of such notice, the public health and
health planning council may bar any transaction under this subparagraph
if the equity position of the partnership or limited liability company,
determined in accordance with generally accepted accounting principles,
would be reduced as a result of the transfer, assignment or disposition.
The public health and health planning council shall state specific
reasons for barring any transaction under this subparagraph and shall so
notify each party to the proposed transaction.
(c) Any transfer, assignment or other disposition of ten percent or
more of the stock or voting rights thereunder of a corporation which is
the operator of a hospital or which is a member of a limited liability
company which is the operator of a hospital to a new stockholder, or any
transfer, assignment or other disposition of the stock or voting rights
thereunder of such a corporation which results in the ownership or
control of more than ten percent of the stock or voting rights there-
under of such corporation by any person not previously approved by the
public health and health planning council, or its predecessor, for that
corporation shall be subject to approval by the public health and health
planning council, in accordance with the provisions of subdivisions two
and three of this section and rules and regulations pursuant thereto;
except that: any such transaction shall be subject to the approval by
the public health and health planning council in accordance with para-
graph (b) of subdivision three of this section only with respect to a
new stockholder or a new principal stockholder; and shall not be subject
to paragraph (a) of subdivision three of this section. In the absence of
such approval, the operating certificate of such hospital shall be
subject to revocation or suspension.] (II) No prior approval of the
public health and health planning council shall be required with respect
to a transfer, assignment or disposition of ten percent or more of [the
stock] A DIRECT OR INDIRECT INTEREST or voting rights [thereunder of a
corporation which is the] IN AN operator of a hospital [or which is a
A. 8558--C 22
member of a limited liability company which is the owner of a hospital]
to any person previously approved by the public health and health plan-
ning council, or its predecessor, for that [corporation] OPERATOR.
However, no such transaction shall be effective unless at least ninety
days prior to the intended effective date thereof, the [stockholder]
OPERATOR FULLY completes and files with the public health and health
planning council notice on forms to be developed by the public health
and health planning council, which shall disclose such information as
may reasonably be necessary for the public health and health planning
council to determine whether it should bar the transaction. Such trans-
action will be final as of the intended effective date unless, prior
thereto, the public health and health planning council shall state
specific reasons for barring such transactions under this paragraph and
shall notify each party to the proposed transaction. Nothing in this
paragraph shall be construed as permitting a person not previously
approved by the public health and health planning council for that
[corporation] OPERATOR to become the owner of ten percent or more of the
[stock of a corporation which is] INTEREST OR VOTING RIGHTS, DIRECTLY OR
INDIRECTLY, IN the operator of a hospital [or which is a member of a
limited liability company which is the owner of a hospital] without
first obtaining the approval of the public health and health planning
council.
S 20. Subdivision 1 of section 3611-a of the public health law, as
amended by section 67 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
1. Any change in the person who, or any transfer, assignment, or other
disposition of an interest or voting rights of ten percent or more, or
any transfer, assignment or other disposition which results in the
ownership or control of an interest or voting rights of ten percent or
more, in a limited liability company or a partnership which is the oper-
ator of a licensed home care services agency or a certified home health
agency shall be approved by the public health and health planning coun-
cil, in accordance with the provisions of subdivision four of section
thirty-six hundred five of this article relative to licensure or subdi-
vision two of section thirty-six hundred six of this article relative to
certificate of approval, except that:
(a) Public health and health planning council approval shall be
required only with respect to the person, or the member or partner that
is acquiring the interest or voting rights; and
(b) With respect to certified home health agencies, such change shall
not be subject to the public need assessment described in paragraph (a)
of subdivision two of section thirty-six hundred six of this article.
(c) IN THE ABSENCE OF SUCH APPROVAL, THE LICENSE OR CERTIFICATE OF
APPROVAL SHALL BE SUBJECT TO REVOCATION OR SUSPENSION.
(D) (I) No prior approval of the public health and health planning
council shall be required with respect to a transfer, assignment or
disposition of:
[(i)] (A) an interest or voting rights to any person previously
approved by the public health and health planning council, or its prede-
cessor, for that operator; or
[(ii)] (B) an interest or voting rights of less than ten percent in
the operator. [However, no]
(II) NO such transaction UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH
shall be effective unless at least ninety days prior to the intended
effective date thereof, the [partner or member] OPERATOR completes and
files with the public health and health planning council notice on forms
A. 8558--C 23
to be developed by the public health council, which shall disclose such
information as may reasonably be necessary for the public health and
health planning council to determine whether it should bar the trans-
action. Such transaction will be final as of the intended effective date
unless, prior thereto, the public health and health planning council
shall state specific reasons for barring such transactions under this
paragraph and shall notify each party to the proposed transaction.
S 20-a. Subdivision 1 of section 2801 of the public health law, as
separately amended by chapters 297 and 416 of the laws of 1983, is
amended to read as follows:
1. "Hospital" means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary, of a dentist, for the
prevention, diagnosis or treatment of human disease, pain, injury,
deformity or physical condition, including, but not limited to, a gener-
al hospital, HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT, public
health center, diagnostic center, treatment center, dental clinic,
dental dispensary, rehabilitation center other than a facility used
solely for vocational rehabilitation, nursing home, tuberculosis hospi-
tal, chronic disease hospital, maternity hospital, lying-in-asylum,
out-patient department, out-patient lodge, dispensary and a laboratory
or central service facility serving one or more such institutions, but
the term hospital shall not include an institution, sanitarium or other
facility engaged principally in providing services for the prevention,
diagnosis or treatment of mental disability and which is subject to the
powers of visitation, examination, inspection and investigation of the
department of mental hygiene except for those distinct parts of such a
facility which provide hospital service. The provisions of this article
shall not apply to a facility or institution engaged principally in
providing services by or under the supervision of the bona fide members
and adherents of a recognized religious organization whose teachings
include reliance on spiritual means through prayer alone for healing in
the practice of the religion of such organization and where services are
provided in accordance with those teachings.
S 20-b. Section 2801 of the public health law is amended by adding a
new subdivision 11 to read as follows:
11. "HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT" MEANS AN
EMERGENCY DEPARTMENT THAT IS OWNED BY A GENERAL HOSPITAL AND GEOGRAPH-
ICALLY REMOVED FROM THE GENERAL HOSPITAL'S INPATIENT CAMPUS.
S 20-c. The public health law is amended by adding a new section
2802-b to read as follows:
S 2802-B. EMERGENCY DEPARTMENTS AND HOSPITAL-SPONSORED OFF CAMPUS
EMERGENCY DEPARTMENTS. 1. A HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY
DEPARTMENT SHALL GENERALLY OPERATE TWENTY-FOUR HOURS PER DAY, SEVEN DAYS
PER WEEK. HOWEVER, UPON APPLICATION AND APPROVAL UNDER SUBDIVISION TWO
OF SECTION TWENTY-EIGHT HUNDRED TWO OF THIS ARTICLE, INCLUDING APPROVAL
BY THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, PART-TIME OPERATION AT
A MINIMUM OF TWELVE HOURS PER DAY MAY BE ALLOWED FOR A HOSPITAL-SPON-
SORED OFF CAMPUS EMERGENCY DEPARTMENT. SUCH APPROVAL SHALL ONLY BE MADE
UPON A FINDING THAT LOCAL SPECIAL CIRCUMSTANCES NECESSITATE PART-TIME
OPERATION AND WITH CONSIDERATION FOR THE QUALITY AND ACCESSIBILITY OF
EMERGENCY CARE AND THE PUBLIC INTEREST.
2. A HOSPITAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL BE
SUBJECT TO THE SAME STANDARDS AND REQUIREMENTS AS A GENERAL
HOSPITAL-BASED EMERGENCY DEPARTMENT WITH REGARD TO MINIMUM TRAINING OF
PROVIDERS, STAFFING, SERVICES AND CAPACITY TO STABILIZE, AND TREAT AS
A. 8558--C 24
APPROPRIATE, ALL PATIENTS PRESENTING FOR TREATMENT WITHOUT REGARD FOR
THEIR ABILITY TO PAY IN ACCORDANCE WITH FEDERAL LAW AND RULES. A HOSPI-
TAL-SPONSORED OFF CAMPUS EMERGENCY DEPARTMENT SHALL HAVE CAPACITY FOR
RECEIVING GROUND AMBULANCE PATIENTS AND SHALL ESTABLISH TRANSFER PROTO-
COLS WITH LOCAL EMERGENCY MEDICAL SERVICE PROVIDERS AND GENERAL HOSPI-
TAL-BASED EMERGENCY DEPARTMENTS TO ENSURE TIMELY TRANSFER OF PATIENTS
REQUIRING A HIGHER LEVEL OF CARE.
S 21. Intentionally omitted.
S 22. The public health law is amended by adding a new section 230-e
to read as follows:
S 230-E. URGENT CARE. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "ACCREDITED STATUS" MEANS THE FULL ACCREDITATION BY SUCH NATIONAL-
LY-RECOGNIZED ACCREDITING AGENCIES AS DETERMINED BY THE COMMISSIONER.
(B) "EMERGENCY MEDICAL CARE" SHALL MEAN THE PROVISION OF TREATMENT FOR
LIFE-THREATENING OR POTENTIALLY DISABLING TRAUMA, BURNS, RESPIRATORY,
CIRCULATORY OR OBSTETRICAL CONDITIONS.
(C) "LICENSEE" SHALL MEAN AN INDIVIDUAL LICENSED OR OTHERWISE AUTHOR-
IZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER
SCOPE OF PRACTICE.
(D) "URGENT CARE" SHALL MEAN THE PROVISION OF TREATMENT ON AN UNSCHED-
ULED BASIS TO PATIENTS FOR ACUTE EPISODIC ILLNESS OR MINOR TRAUMAS THAT
ARE NOT LIFE-THREATENING OR POTENTIALLY DISABLING OR FOR MONITORING OR
TREATMENT OVER PROLONGED PERIODS.
(E) "URGENT CARE PROVIDER" SHALL MEAN A LICENSEE PRACTICE THAT ADVER-
TISES OR HOLDS ITSELF OUT AS A PROVIDER OF URGENT CARE.
2. NO LICENSEE PRACTICE SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE,
ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF URGENT CARE THROUGH THE
USE OF THE TERM URGENT CARE, OR THROUGH ANY OTHER TERM OR SYMBOL THAT
IMPLIES THAT IT IS A PROVIDER OF URGENT CARE, UNLESS IT OBTAINS AND
MAINTAINS FULL ACCREDITED STATUS AND OTHERWISE COMPLIES WITH THE
PROVISIONS OF THIS SECTION AND REGULATIONS PROMULGATED HEREUNDER. TERMS
AND SYMBOLS THAT INDICATE THE TIMES OR DAYS OF OPERATION OF THE LICENSEE
PRACTICE OR THE AVAILABILITY OF UNSCHEDULED SERVICE SHALL NOT BE DEEMED
TO IMPLY THAT IT IS A PROVIDER OF URGENT CARE.
3. NO LICENSEE PRACTICE SHALL, WITHIN THIS STATE, DISPLAY SIGNAGE,
ADVERTISE OR HOLD ITSELF OUT AS A PROVIDER OF EMERGENCY MEDICAL CARE
THROUGH THE USE OF THE TERM EMERGENCY, OR THROUGH ANY OTHER TERM OR
SYMBOL THAT IMPLIES THAT IT IS A PROVIDER OF EMERGENCY MEDICAL CARE,
REGARDLESS OF WHETHER IT IS AN URGENT CARE PROVIDER ACCREDITED UNDER
THIS SECTION.
4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A HOSPITAL
ESTABLISHED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER FROM PROVIDING
URGENT CARE OR EMERGENCY MEDICAL CARE OR FROM DISPLAYING SIGNAGE, ADVER-
TISING OR HOLDING ITSELF OUT AS A PROVIDER OF URGENT OR EMERGENCY CARE
PURSUANT TO REGULATIONS PROMULGATED UNDER THAT ARTICLE.
5. THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL, BY A MAJORITY VOTE
OF ITS MEMBERS, SHALL ADOPT AND AMEND RULES AND REGULATIONS, SUBJECT TO
THE APPROVAL OF THE COMMISSIONER, TO EFFECTUATE THE PURPOSES AND
PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO DEFINING THE
SCOPE OF SERVICES TO BE PROVIDED BY URGENT CARE PROVIDERS; REQUIRING
URGENT CARE PROVIDERS TO DISCLOSE TO PATIENTS THE SCOPE OF SERVICES
PROVIDED; AND ESTABLISHING STANDARDS FOR APPROPRIATE REFERRAL AND CONTI-
NUITY OF CARE, STAFFING, EQUIPMENT, AND MAINTENANCE AND TRANSMISSION OF
PATIENT RECORDS. SUCH REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN
PRIMARY CARE THROUGH: (I) THE INTEGRATION OF SERVICES PROVIDED BY URGENT
CARE PROVIDERS WITH THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH
A. 8558--C 25
CARE PROVIDERS; AND (II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH
CARE PROVIDERS, INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH
RECORDS. THE COMMISSIONER SHALL ENFORCE SUCH RULES AND REGULATIONS AS
HE OR SHE MAY DEEM APPROPRIATE, TO EFFECTUATE THE PURPOSES OF THIS
SECTION.
S 23. Section 230-d of the public health law, as added by chapter 365
of the laws of 2007, paragraph (i) of subdivision 1 as amended by chap-
ter 438 of the laws of 2012, and subdivision 4 as amended by chapter 477
of the laws of 2008, is amended to read as follows:
S 230-d. Office-based surgery AND OFFICE-BASED ANESTHESIA. 1. The
following words or phrases, as used in this section shall have the
following meanings:
(a) "Accredited status" means the full accreditation by nationally-re-
cognized accrediting agency(ies) determined by the commissioner.
(b) "Adverse event" means (i) patient death within thirty days; (ii)
unplanned transfer to a hospital OR EMERGENCY DEPARTMENT VISIT WITHIN
SEVENTY-TWO HOURS OF OFFICE-BASED SURGERY; (iii) unscheduled hospital
admission OR ASSIGNMENT TO OBSERVATION SERVICES, within seventy-two
hours of the office-based surgery, for longer than twenty-four hours; or
(iv) any other serious or life-threatening event.
(c) "Deep sedation" means a drug-induced depression of consciousness
during which (i) the patient cannot be easily aroused but responds
purposefully following repeated painful stimulation; (ii) the patient's
ability to maintain independent ventilatory function may be impaired;
(iii) the patient may require assistance in maintaining a patent airway
and spontaneous ventilation may be inadequate; and (iv) the patient's
cardiovascular function is usually maintained without assistance.
(d) "General anesthesia" means a drug-induced depression of conscious-
ness during which (i) the patient is not arousable, even by painful
stimulation; (ii) the patient's ability to maintain independent ventila-
tory function is often impaired; (iii) the patient, in many cases, often
requires assistance in maintaining a patent airway and positive pressure
ventilation may be required because of depressed spontaneous ventilation
or drug-induced depression of neuromuscular function; and (iv) the
patient's cardiovascular function may be impaired.
(e) "Moderate sedation" means a drug-induced depression of conscious-
ness during which (i) the patient responds purposefully to verbal
commands, either alone or accompanied by light tactile stimulation; (ii)
no interventions are required to maintain a patent airway; (iii) sponta-
neous ventilation is adequate; and (iv) the patient's cardiovascular
function is usually maintained without assistance.
(f) "Minimal sedation" means a drug-induced state during which (i)
patients respond normally to verbal commands; (ii) cognitive function
and coordination may be impaired; and (iii) ventilatory and cardiovascu-
lar functions are unaffected.
(g) "Minor procedures" means (i) procedures that can be performed
safely with a minimum of discomfort where the likelihood of compli-
cations requiring hospitalization is minimal; (ii) procedures performed
with local or topical anesthesia; or (iii) liposuction with removal of
less than 500 cc of fat under unsupplemented local anesthesia.
(h) "Office-based surgery" means any surgical or other invasive proce-
dure, requiring general anesthesia, NEURAXIAL ANESTHESIA, MAJOR UPPER OR
LOWER EXTREMITY REGIONAL NERVE BLOCKS, moderate sedation, or deep
sedation, and any liposuction procedure, where such surgical or other
invasive procedure or liposuction is performed by a licensee in a
location other than a hospital, as such term is defined in article twen-
A. 8558--C 26
ty-eight of this chapter, excluding minor procedures and procedures
requiring minimal sedation.
(i) "Licensee" shall mean an individual licensed or otherwise author-
ized under article one hundred thirty-one, one hundred thirty-one-B[,
individuals who have obtained an issuance of a privilege to perform
podiatric standard or advanced ankle surgery pursuant to subdivisions
one and two of section seven thousand nine] OR ONE HUNDRED FORTY-ONE of
the education law.
(J) "MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS" MEANS
REGIONAL ANESTHESIA IN WHICH PAIN SENSATION IS MODIFIED OR BLOCKED TO A
LARGE AREA OF THE EXTREMITY BY ADMINISTRATION OF MEDICATION AROUND THE
NERVES SUPPLYING THAT REGION OF THE EXTREMITY.
(K) "NEURAXIAL ANESTHESIA" MEANS REGIONAL ANESTHESIA IN WHICH PAIN
SENSATION IS MODIFIED OR BLOCKED BY ADMINISTRATION OF MEDICATION INTO
THE EPIDURAL SPACE OR SPINAL CANAL.
(L) "OFFICE-BASED ANESTHESIA" MEANS GENERAL ANESTHESIA, NEURAXIAL
ANESTHESIA, MAJOR UPPER OR LOWER EXTREMITY REGIONAL NERVE BLOCKS, MODER-
ATE SEDATION OR DEEP SEDATION WHERE SUCH ANESTHESIA IS ADMINISTERED BY A
LICENSEE IN A LOCATION OTHER THAN A HOSPITAL, AS DEFINED IN ARTICLE
TWENTY-EIGHT OF THIS CHAPTER.
2. Licensee practices in which office-based surgery OR OFFICE-BASED
ANESTHESIA is performed shall obtain and maintain full accredited status
AND REGISTER WITH THE DEPARTMENT.
3. A licensee may only perform office-based surgery OR OFFICE-BASED
ANESTHESIA in a setting that has obtained and maintains full accredited
status AND IS REGISTERED WITH THE DEPARTMENT.
4. Licensees shall report adverse events to the department's patient
safety center within [one] THREE business [day] DAYS of the occurrence
of such adverse event. Licensees shall also report any suspected health
care disease transmission originating in their practices to the patient
safety center within [one] THREE business [day] DAYS of becoming aware
of such suspected transmission. For purposes of this section, health
care disease transmission shall mean the transmission of a reportable
communicable disease that is blood borne from a health care professional
to a patient or between patients as a result of improper infection
control practices by the health care professional. LICENSEES SHALL
REPORT TO THE DEPARTMENT DATA AS DEFINED BY THE DEPARTMENT. The reported
data shall be subject to all confidentiality provisions provided by
section twenty-nine hundred ninety-eight-e of this chapter.
4-A. OFFICE-BASED SURGERY OR OFFICE-BASED ANESTHESIA SHALL BE LIMITED
TO OPERATIONS AND PROCEDURES WITH AN EXPECTED DURATION OF NO MORE THAN
SIX HOURS AND EXPECTED APPROPRIATE AND SAFE DISCHARGE WITHIN SIX HOURS.
5. The commissioner shall make, adopt, promulgate and enforce such
rules and regulations, as he or she may deem appropriate, to effectuate
the purposes of this section. Where any rule or regulation under this
section would affect the scope of practice of a health care practitioner
licensed, registered or certified under title eight of the education law
other than those licensed under articles one hundred thirty-one or one
hundred thirty-one-B of the education law, the rule or regulation shall
be made with the concurrence of the commissioner of education.
S 24. Subdivision 1 of section 2998-e of the public health law, as
added by chapter 365 of the laws of 2007, is amended to read as follows:
1. The commissioner shall enter into agreements with accrediting agen-
cies pursuant to which the accrediting agencies shall UTILIZE HOSPITAL
PRIVILEGING OR OTHER EQUIVALENT METHODS TO DETERMINE COMPETENCY OF PRAC-
TITIONERS TO PERFORM OFFICE-BASED SURGERY AND OFFICE-BASED ANESTHESIA,
A. 8558--C 27
CARRY OUT SURVEYS OR COMPLAINT/INCIDENT INVESTIGATIONS UPON DEPARTMENT
REQUEST AND SHALL report, at a minimum, [aggregate data on adverse
events] FINDINGS OF SURVEYS AND COMPLAINT/INCIDENT INVESTIGATIONS, AND
DATA for all office-based surgical AND OFFICE-BASED ANESTHESIA practices
accredited by the accrediting agencies to the department. The department
may disclose reports of aggregate data to the public.
S 25. Subdivision 4 of section 2951 of the public health law is
REPEALED.
S 26. Section 2956 of the public health law is REPEALED.
S 27. Section 4310 of the public health law, as amended by chapter 639
of the laws of 2006, the section heading as separately amended by chap-
ter 640 of the laws of 2006, subdivisions 1 and 3 as amended by chapter
158 of the laws of 2012, subdivision 2 as separately amended by chapters
158 and 465 of the laws of 2012, is amended to read as follows:
S 4310. New York state donate life registry for organ, EYE and tissue
donations. 1. The department shall establish an organ, EYE, and tissue
donor registry, which shall be called and be referred to as the "donate
life registry", WHICH SHALL PROVIDE A MEANS TO MAKE AND REGISTER A GIFT
OF ORGANS, EYES AND TISSUES TO TAKE PLACE AFTER DEATH PURSUANT TO
SECTION FORTY-THREE HUNDRED ONE OF THIS CHAPTER AND OTHER APPLICABLE
PROVISIONS OF THIS ARTICLE. [Such] THE DONATE LIFE registry shall
contain a listing of all donors who have declared their consent to make
an anatomical gift.
2. THE COMMISSIONER MAY ENTER INTO A CONTRACT FOR THE OPERATION AND
PROMOTION OF THE DONATE LIFE REGISTRY SUBJECT TO SUCH TERMS AND CONDI-
TIONS AS MAY BE CONTAINED WITHIN SUCH CONTRACT WITH A NOT-FOR-PROFIT
ORGANIZATION THAT HAS EXPERIENCE WORKING WITH ORGAN, EYE AND TISSUE
PROCUREMENT ORGANIZATIONS, HAS EXPERTISE IN CONDUCTING ORGAN, EYE AND
TISSUE DONOR PROMOTIONAL CAMPAIGNS, AND IS AFFILIATED WITH THE ORGAN,
EYE AND TISSUE DONATION COMMUNITY THROUGHOUT THE STATE. THE CONTRACTOR
MAY SUBCONTRACT AS NEEDED FOR THE EFFECTIVE PERFORMANCE OF THE CONTRACT.
ALL SUCH SUBCONTRACTORS AND THE TERMS OF SUCH SUBCONTRACTS SHALL BE
SUBJECT TO APPROVAL BY THE COMMISSIONER. ANY APPLICABLE STATE AGENCY
SHALL COOPERATE IN THE COLLECTION AND TRANSFER OF REGISTRANT DATA TO THE
DONATE LIFE REGISTRY.
3. THE DUTIES OF THE CONTRACTOR SHALL INCLUDE, BUT NOT BE LIMITED TO,
THE FOLLOWING:
(A) THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE DONATE LIFE
REGISTRY THAT INCLUDES ONLINE, MAILED AND OTHER FORMS OF ORGAN, EYE AND
TISSUE DONOR REGISTRATION, VERIFICATION, AMENDMENT AND REVOCATION;
(B) PREPARATION AND SUBMISSION OF A PLAN TO ENCOURAGE ORGAN DONATION
THROUGH EDUCATION AND MARKETING EFFORTS AND OTHER RECOMMENDATIONS THAT
WOULD STREAMLINE AND ENHANCE THE COST-EFFECTIVE OPERATION OF THE DONATE
LIFE REGISTRY; AND
(C) PROVISION OF WRITTEN OR ELECTRONIC NOTIFICATION OF REGISTRATION IN
THE DONATE LIFE REGISTRY TO AN INDIVIDUAL ENROLLING IN THE DONATE LIFE
REGISTRY; AND
(D) PREPARATION AND SUBMISSION OF AN ANNUAL WRITTEN REPORT TO THE
DEPARTMENT. SUCH REPORT SHALL INCLUDE:
(I) A PERFORMANCE MATRIX INCLUDING THE NUMBER OF REGISTRANTS ON THE
DONATE LIFE REGISTRY AND AN ANALYSIS OF THE REGISTRATION RATES, INCLUD-
ING BUT NOT LIMITED TO, LOCATION, METHOD OF REGISTRATION, DEMOGRAPHIC,
AND STATE COMPARISONS;
(II) THE CHARACTERISTICS OF REGISTRANTS AS DETERMINED FROM THE DONATE
LIFE REGISTRY INFORMATION;
A. 8558--C 28
(III) THE ANNUAL DOLLAR AMOUNT OF VOLUNTARY CONTRIBUTIONS RECEIVED BY
THE CONTRACTOR FOR THE PURPOSES OF MAINTAINING THE DONATE LIFE REGISTRY
AND/OR EDUCATIONAL AND PROMOTIONAL CAMPAIGNS AND INITIATIVES;
(IV) A DESCRIPTION OF THE PROMOTIONAL CAMPAIGNS AND INITIATIVES IMPLE-
MENTED DURING THE YEAR; AND
(V) ACCOUNTING STATEMENTS OF EXPENDITURES FOR THE PURPOSES OF MAIN-
TAINING THE DONATE LIFE REGISTRY AND PROMOTIONAL CAMPAIGNS AND INITI-
ATIVES.
4. PAYMENTS TO THE CONTRACTOR FOR THE OPERATION OF THE DONATE LIFE
REGISTRY SHALL BE PAID BY THE DEPARTMENT FROM FUNDS AVAILABLE FOR THESE
PURPOSES, INCLUDING, BUT NOT LIMITED TO, THE FUNDS DEPOSITED INTO THE
LIFE PASS IT ON TRUST FUND PURSUANT TO SECTION NINETY-FIVE-D OF THE
STATE FINANCE LAW, AS ADDED BY CHAPTER FOUR HUNDRED FIFTEEN OF THE LAWS
OF TWO THOUSAND THREE. IN ADDITION, THE CONTRACTOR MAY RECEIVE AND USE
VOLUNTARY CONTRIBUTIONS.
5. (A) Such ORGAN, EYE AND TISSUE registration of consent to make an
anatomical gift can be made through [(a)]: (I) indication made on the
application or renewal form of a DRIVER'S license, [(b)] (II) indication
made on a non-driver identification card application or renewal form,
[(c) enrolling in the registry website maintained by the department,
which may include using an electronic signature subject to article three
of the state technology law, (d)] (III) indication made on a voter
registration form pursuant to subdivision five of section 5-210 of the
election law, (IV) ENROLLMENT THROUGH THE DONATE LIFE REGISTRY WEBSITE,
(V) PAPER ENROLLMENT SUBMITTED TO THE DONATE LIFE REGISTRY, or [(e)]
(VI) through any other method identified by the commissioner.
(B) (I) Where required by law for [consent] REGISTRATION forms
described in [paragraphs (a) and (b)] SUBPARAGRAPHS (I) AND (II) of this
[subdivision] PARAGRAPH, the commissioner shall ensure that space is
provided on any consent form so that the applicant shall register or
decline registration in the donate life registry for organ, EYE and
tissue donations under this section and that the following is stated on
the form in clear and conspicuous type:
"You must fill out the following section: Would you like to be added
to the Donate Life Registry? Check box for 'yes' or 'skip this ques-
tion'."
(II) The commissioner shall not maintain records of any person who
checks "skip this question". Failure to check a box shall not impair the
validity of an application, and failure to check "yes" or checking "skip
this question" shall not be construed to imply a wish not to donate. In
the case of an applicant under eighteen years of age, checking "yes"
shall not constitute consent to make an anatomical gift or registration
in the donate life registry. Where an applicant has previously consented
to make an anatomical gift or registered in the donate life registry,
checking "skip this question" or failing to check a box shall not impair
that consent or registration.
(C) ENROLLMENT OR AMENDMENT OR REVOCATION THROUGH THE DONATE LIFE
REGISTRY WEBSITE THROUGH ANY OF THE MEANS LISTED IN THIS SUBDIVISION MAY
BE SIGNED BY ELECTRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE THREE OF THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF SUIT-
ABLE MECHANISMS INCLUDING UNIQUE IDENTIFIERS TO PROVIDE CONFIDENCE IN
THE IDENTITY OF THE PERSON PROVIDING THE ELECTRONIC SIGNATURE. The
registration shall take effect upon the provision of written or elec-
tronic notice of the registration to the [person] INDIVIDUAL enrolling
in the DONATE LIFE registry.
A. 8558--C 29
[3. (a) Information contained in the registry shall be accessible to
(i) federally designated organ procurement organizations, (ii) eye and
tissue banks licensed by the department pursuant to article
forty-three-B of this chapter, and (iii) any other entity formally
approved by the commissioner.
(b) The information contained in the registry shall not be released to
any person except as expressly authorized by this section solely for the
purpose of identifying potential organ and tissue donors at or near the
time of death.
4. If the department had an established registry prior to the effec-
tive date of this section, it shall be deemed to meet the requirements
of this section.
5. The registry shall provide persons enrolled the opportunity to
specify which organs and tissues they want to donate and if the donation
can be used for transplantation, research, or both.]
(D) AMENDMENTS OR REVOCATIONS FROM THE DONATE LIFE REGISTRY SHALL BE
MADE BY THE FOLLOWING METHODS, SUBJECT TO THE REQUIREMENTS OF THE
COMMISSIONER:
(I) REGISTRANTS SUBMITTING AN AMENDMENT OR REVOCATION IN WRITING TO
THE DONATE LIFE REGISTRY; OR
(II) REGISTRANTS SUBMITTING AN AMENDMENT OR REVOCATION ELECTRONICALLY
THROUGH THE DONATE LIFE REGISTRY WEBSITE.
(E) REMOVAL FROM THE DONATE LIFE REGISTRY SHALL NOT BE DEEMED A
REFUSAL OF ANY OTHER OR FUTURE ANATOMICAL GIFT.
(F) THE DONATE LIFE REGISTRY SHALL PROVIDE INDIVIDUALS ENROLLED THE
OPPORTUNITY TO SPECIFY WHICH ORGANS AND TISSUES THEY WANT TO DONATE AND
IF THE DONATION MAY BE USED FOR TRANSPLANTATION, RESEARCH, OR BOTH.
6. [A person] AN INDIVIDUAL registered in the [organ and tissue]
DONATE LIFE registry before the effective date of this subdivision shall
be deemed to have expressed intent to donate, until and unless he or she
files an amendment to his or her registration or a new registration
expressing consent to donate.
7. [The commissioner shall contact each person registered before the
effective date of this subdivision in the organ and tissue registry in
writing to inform him or her that at the time he or she registered, the
registry was that of intent and that the registry is now one of consent,
to explain in clear and understandable terms the difference between
intent and consent, and to provide opportunity for the person to change
his or her registration to provide consent by amending his or her
current registration or executing a new registration.] (A) THE DONATE
LIFE REGISTRY SHALL BE MAINTAINED IN A MANNER THAT ALLOWS IMMEDIATE
ACCESS TO ORGAN, EYE AND TISSUE DONATION RECORDS TWENTY-FOUR HOURS A
DAY, SEVEN DAYS A WEEK TO THE CONTRACTOR, THE DEPARTMENT, FEDERALLY
DESIGNATED ORGAN PROCUREMENT ORGANIZATIONS, LICENSED EYE AND TISSUE
BANKS, AND SUCH OTHER ENTITIES WHICH MAY BE APPROVED BY THE DEPARTMENT
FOR ACCESS. ACCESS SHALL BE AVAILABLE TO REGISTRANTS TO CONFIRM THE
ACCURACY AND VALIDITY OF THEIR REGISTRATION AND TO AMEND OR REVOKE THEIR
REGISTRATION, SUBJECT TO REASONABLE PROCEDURES TO VERIFY IDENTITY.
(B) ACCESS TO THE DONATE LIFE REGISTRY SHALL HAVE SECURITY MEASURES
SET FORTH IN THE CONTRACT TO PROTECT THE INTEGRITY OF THE IDENTIFIABLE
DATA IN THE DONATE LIFE REGISTRY, WHICH MAY ONLY BE ACCESSED BY THE
PARTIES DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION AND ONLY FOR THE
PURPOSES OF DETERMINING DONOR STATUS AT OR NEAR THE TIME OF DEATH OF AN
INDIVIDUAL, BY THE DEPARTMENT FOR ANY PURPOSE, BY THE CONTRACTOR ONLY
FOR PURPOSES OF QUALITY ASSESSMENT AND IMPROVEMENT, TECHNICAL SUPPORT
AND DONOR SERVICES, OR BY INDIVIDUAL REGISTRANTS FOR THE PURPOSES OF
A. 8558--C 30
CONFIRMING THE ACCURACY AND VALIDITY OF THEIR REGISTRATION OR MAKING,
AMENDING OR REVOKING THEIR REGISTRATION.
(C) DE-IDENTIFIED INFORMATION MAY BE ACCESSED BY THE ENTITIES LISTED
IN PARAGRAPH (A) OF THIS SUBDIVISION OR THEIR DESIGNEES FOR PURPOSES OF
ANALYSIS, PROMOTION, EDUCATION, QUALITY IMPROVEMENT AND TECHNICAL
SUPPORT FOR THE DONATE LIFE REGISTRY. THE INFORMATION CONTAINED IN THE
REGISTRY SHALL NOT BE RELEASED TO ANY PERSON EXCEPT AS EXPRESSLY AUTHOR-
IZED BY THIS SECTION, SOLELY FOR THE PURPOSES SO AUTHORIZED.
8. The commissioner is authorized to promulgate rules and regulations
necessary to implement the provisions of this section.
S 28. Intentionally omitted.
S 29. Subdivision 3 of section 95-d of the state finance law, as added
by chapter 415 of the laws of 2003, is amended to read as follows:
3. Monies of the fund shall be expended only [for organ transplant
research and education projects approved by the commissioner of health,
or] to provide grants to not-for-profit corporations in this state which
are incorporated for the purpose of increasing and promoting organ and
tissue donation AND awareness.
S 30. Section 461-b of the social services law is amended by adding
two new subdivisions 9 and 10 to read as follows:
9. (A) THE PRIOR WRITTEN APPROVAL OF THE DEPARTMENT IS REQUIRED FOR:
(I) ANY TRANSFER, ASSIGNMENT OR OTHER DISPOSITION OF TEN PERCENT OR MORE
OF AN INTEREST OR VOTING RIGHTS IN A PARTNERSHIP, BUSINESS CORPORATION
OR LIMITED LIABILITY COMPANY WHICH IS THE OPERATOR OF AN ADULT CARE
FACILITY TO A NEW PARTNER, SHAREHOLDER OR MEMBER; OR (II) ANY TRANSFER,
ASSIGNMENT OR OTHER DISPOSITION OF INTEREST OR VOTING RIGHTS IN A PART-
NERSHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY WHICH IS THE
OPERATOR OF AN ADULT CARE FACILITY WHICH RESULTS IN THE OWNERSHIP OR
CONTROL OF MORE THAN TEN PERCENT OF THE INTEREST OR VOTING RIGHTS THERE-
UNDER BY ANY PERSON WHO HAS NOT BEEN PREVIOUSLY APPROVED BY THE DEPART-
MENT FOR THAT OPERATOR.
(B) WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSITION INVOLVING
LESS THAN TEN PERCENT OF AN INTEREST OR VOTING RIGHTS IN SUCH PARTNER-
SHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY TO A NEW PART-
NER, SHAREHOLDER OR MEMBER, NO PRIOR APPROVAL OF THE DEPARTMENT SHALL BE
REQUIRED EXCEPT WHERE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION.
HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY
DAYS PRIOR TO THE INTENDED EFFECTIVE DATE THEREOF, THE PARTNERSHIP,
BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY FULLY COMPLETES AND
FILES WITH THE DEPARTMENT NOTICE ON A FORM, TO BE DEVELOPED BY THE
DEPARTMENT, WHICH SHALL DISCLOSE SUCH INFORMATION AS MAY REASONABLY BE
NECESSARY FOR THE DEPARTMENT TO DETERMINE WHETHER IT SHOULD PROHIBIT THE
TRANSACTION. WITHIN NINETY DAYS FROM THE DATE OF RECEIPT OF SUCH NOTICE,
THE DEPARTMENT MAY PROHIBIT ANY SUCH TRANSACTION UNDER THIS SUBPARAGRAPH
IF IT FINDS: (I) THERE ARE REASONABLE GROUNDS TO BELIEVE THE PROPOSED
TRANSACTION DOES NOT SATISFY THE CHARACTER AND COMPETENCE REVIEW, AS MAY
BE APPROPRIATE; OR (II) IF THE TRANSACTION, TOGETHER WITH ALL OTHER SUCH
TRANSACTIONS DURING ANY FIVE YEAR PERIOD, WOULD IN THE AGGREGATE,
INVOLVE TWENTY-FIVE PERCENT OR MORE OF THE INTEREST IN THE ENTITY THAT
CONSTITUTES THE OPERATOR. THE DEPARTMENT SHALL STATE THE SPECIFIC
REASONS FOR PROHIBITING ANY TRANSACTION UNDER THIS SUBPARAGRAPH AND
SHALL SO NOTIFY EACH PARTY TO THE PROPOSED TRANSACTION.
(C) WITH RESPECT TO A TRANSFER, ASSIGNMENT OR DISPOSITION OF AN INTER-
EST OR VOTING RIGHTS IN A PARTNERSHIP, BUSINESS CORPORATION OR LIMITED
LIABILITY COMPANY TO ANY EXISTING PARTNER, SHAREHOLDER OR MEMBER, NO
PRIOR APPROVAL OF THE DEPARTMENT SHALL BE REQUIRED. HOWEVER, IF THE
A. 8558--C 31
TRANSACTION INVOLVES THE WITHDRAWAL OF THE TRANSFEROR FROM THE PARTNER-
SHIP, BUSINESS CORPORATION OR LIMITED LIABILITY COMPANY, NO SUCH TRANS-
ACTION SHALL BE EFFECTIVE UNLESS AT LEAST NINETY DAYS PRIOR TO THE
INTENDED EFFECTIVE DATE THEREOF, THE PARTNERSHIP, BUSINESS CORPORATION
OR LIMITED LIABILITY COMPANY FULLY COMPLETES AND FILES WITH THE DEPART-
MENT NOTICE OF SUCH TRANSACTION. WITHIN NINETY DAYS FROM THE DATE OF
RECEIPT OF SUCH NOTICE, THE DEPARTMENT MAY PROHIBIT ANY SUCH TRANSACTION
UNDER THIS PARAGRAPH IF THE EQUITY POSITION OF THE PARTNERSHIP, BUSINESS
CORPORATION OR LIMITED LIABILITY COMPANY, DETERMINED IN ACCORDANCE WITH
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, WOULD BE REDUCED AS A RESULT
OF THE TRANSFER, ASSIGNMENT OR DISPOSITION. THE DEPARTMENT SHALL STATE
THE SPECIFIC REASON FOR PROHIBITING ANY TRANSACTION UNDER THIS PARAGRAPH
AND SHALL SO NOTIFY EACH PARTY TO THE PROPOSED TRANSACTION.
10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE DEPART-
MENT IS AUTHORIZED TO APPROVE A CERTIFICATE OF INCORPORATION OR ARTICLES
OF ORGANIZATION FOR ESTABLISHMENT OF AN ADULT CARE FACILITY ON AN EXPE-
DITED BASIS WHERE: (A) THE CERTIFICATE OF INCORPORATION OR ARTICLES OF
ORGANIZATION REFLECTS SOLELY A CHANGE IN THE FORM OF THE BUSINESS ORGAN-
IZATION OF AN EXISTING ENTITY WHICH HAD BEEN APPROVED BY THE DEPARTMENT
TO OPERATE AN ADULT CARE FACILITY; (B) EVERY INCORPORATOR, STOCKHOLDER,
MEMBER AND DIRECTOR OF THE NEW ENTITY SHALL HAVE BEEN AN OWNER, PARTNER,
INCORPORATOR, STOCKHOLDER, MEMBER OR DIRECTOR OF THE EXISTING ENTITY;
(C) THE DISTRIBUTION OF OWNERSHIP INTERESTS AND VOTING RIGHTS IN THE NEW
ENTITY SHALL BE THE SAME AS IN THE EXISTING ENTITY; AND (D) THERE SHALL
BE NO CHANGE IN THE OPERATOR OF THE ADULT CARE FACILITY OTHER THAN THE
FORM OF ITS BUSINESS ORGANIZATION, AS A RESULT OF THE APPROVAL OF SUCH
CERTIFICATE OF INCORPORATION OR ARTICLES OF ORGANIZATION. UPON
SUBMISSION, IF THE DEPARTMENT DOES NOT OBJECT TO THE PROPOSAL WITHIN
NINETY DAYS OF THE RECEIPT OF A COMPLETE APPLICATION, THE PROPOSAL WILL
BE DEEMED ACCEPTABLE TO THE DEPARTMENT AND AN AMENDED OPERATING CERTIF-
ICATE SHALL BE ISSUED.
S 31. Subdivisions 1 and 2 of section 461-k of the social services
law, as added by chapter 779 of the laws of 1986, are amended to read as
follows:
1. (a) "Services for non-residents in adult homes, residences for
adults and enriched housing programs" shall mean an organized program of
services which the facility is authorized to provide to residents of
such facility but which are provided to non-residents for the purpose of
restoring, maintaining or developing the capacity of aged or disabled
persons to remain in or return to the community. Such services may
include but shall not be limited to day programs and temporary residen-
tial care as defined herein. A person participating in a program of
services for non-residents in an adult care facility shall be considered
a resident of the facility and shall be afforded all the rights and
protections afforded residents of the facility under this chapter except
that the provisions of sections four hundred sixty-one-g and four
hundred sixty-one-h of this title relating to termination of admission
agreements shall not apply and that persons receiving services pursuant
to this section shall not be considered to be receiving residential care
as defined in section two hundred nine of this chapter for purposes of
determining eligibility for and the amount of supplemental security
income benefits and additional state payments.
(b) "Day programs" shall mean an organized program for non-residents
which shall include personal care, supervision and other adult services
which the facility is authorized to provide to residents of such facili-
ty which may include but are not limited to, activities, meals, informa-
A. 8558--C 32
tion and referral, and transportation services, provided in an adult
home, residence for adults or enriched housing program.
(c) "Temporary residential care" shall mean the provision of temporary
residential care of frail or disabled adults on behalf of or in the
absence of the caregiver for up to [six weeks] ONE HUNDRED TWENTY DAYS
in any twelve month period, provided in an adult home, residence for
adults or enriched housing program.
2. A program to provide services for non-residents in an adult care
facility may be established and operated in an adult home, residence for
adults or enriched housing program provided that such facility has a
current operating certificate issued in accordance with section four
hundred sixty-one-b of this title. No operator may establish and operate
a DAY program to provide services for non-residents, AS DEFINED IN
SUBPARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, unless the operator
has received the prior written approval of the department. The depart-
ment shall grant such approval TO OPERATE A DAY PROGRAM only to those
operators that are operating in compliance with applicable law and regu-
lations. NO OPERATOR MAY PROVIDE TEMPORARY RESIDENTIAL CARE AS DEFINED
IN SUBPARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION, UNLESS THE OPER-
ATOR HAS NOTIFIED THE DEPARTMENT OF ITS INTENT TO DO SO.
S 32. Paragraph (a) of subdivision 3 of section 461-b of the social
services law, as amended by chapter 591 of the laws of 1999, is amended
to read as follows:
(a) The department shall not approve an application for establishment
of an adult care facility unless it is satisfied insofar as applicable,
as to (i) the character, competence and standing in the community, of
the applicant; provided, however, with respect to any such applicant who
is already or within the past [ten] SEVEN years has been an incorpora-
tor, director, sponsor, stockholder, operator, administrator, member or
owner of any adult care facility which has been issued an operating
certificate by the board or the department, or of a halfway house,
hostel or other residential facility or of a program or facility
licensed or operated by a health, mental hygiene, social services or
education agency or department of this or any state, or a program serv-
ing persons with mental disabilities, or other persons with disabilities
as defined in subdivision twenty-one of section two hundred ninety-two
of the executive law, the aged, children or other persons receiving
health, mental hygiene, residential, social or educational services, no
approval of such application shall be granted unless the department
shall affirmatively find by substantial evidence as to each such appli-
cant that a substantially consistent high level of care is being or was
being rendered in each such facility or institution with which such
person is or was affiliated; for the purposes of this paragraph, there
may be a finding that a substantially consistent high level of care has
been rendered where there have been violations of applicable rules and
regulations, that (1) did not threaten to directly affect the health,
safety or welfare of any patient or resident, and (2) were promptly
corrected and not recurrent; (ii) the financial resources of the
proposed facility and its sources of future revenue; and (iii) such
other matters as it shall deem pertinent.
S 33. Subdivision 4 of section 4656 of the public health law, as added
by chapter 2 of the laws of 2004, is amended to read as follows:
4. The department shall develop an expedited review and approval proc-
ess FOR APPLICATIONS FOR UP TO NINE ADDITIONAL BEDS TO AN EXISTING
ENHANCED OR SPECIAL NEEDS ASSISTED LIVING CERTIFICATE QUALIFIED AS BEING
A. 8558--C 33
IN GOOD STANDING UNDER SECTION FORTY-SIX HUNDRED FIFTY-THREE OF THIS
ARTICLE.
S 34. Paragraph (b) of subdivision 5 of section 3610 of the public
health law is REPEALED.
S 35. Subdivision 2 of section 3610 of the public health law, as
amended by section 65 of part A of chapter 58 of the laws of 2010, is
amended to read as follows:
2. A hospital, residential health care facility, or certified home
health agency seeking authorization to provide a long term home health
care program shall transmit to the commissioner an application setting
forth the scope of the proposed program. Such application shall be in a
format and shall be submitted in a quantity determined by the commis-
sioner. The commissioner shall transmit the application to the public
health and health planning council and to the health systems agency, if
any, having geographic jurisdiction of the area where the proposed
program is to be located. The application shall include a detailed
description of the proposed program including, but not limited to, the
following:
(a) an outline of the institution's or agency's plans for the program;
(b) the need for the proposed program;
(c) the number and types of personnel to be employed;
(d) the ability of the agency, hospital, or facility to provide the
program;
(e) the estimated number of visits to be provided;
(f) the geographic area in which the proposed programs will be
provided;
(g) any special or unusual services, programs, or equipment to be
provided;
(h) a demonstration that the proposed program is feasible and adequate
in terms of both short range and long range goals;
(i) such other information as the commissioner may require.
The health systems agency and the public health and health planning
council shall review the application and submit their recommendations to
the commissioner. At the time members of the public health and health
planning council are notified that an application is scheduled for
consideration, the applicant and the health systems agency shall be so
notified in writing. The health systems agency or the public health and
health planning council shall not recommend approval of the application
unless it is satisfied as to:
(a) the public need for the program at the time and place and under
the circumstances proposed;
(b) the financial resources of the provider of the proposed program
and its sources of future revenues;
(c) the ability of the proposed program to meet those standards estab-
lished for participation as a home health agency under title XVIII of
the federal Social Security Act; and
(d) such other matters as it shall deem pertinent.
After receiving and considering the recommendations of the public
health and health planning council and the health systems agency, the
commissioner shall make his or her determination. The commissioner shall
act upon an application after the public health and health planning
council and the health systems agency have had a reasonable time to
submit their recommendations. The commissioner shall not take any action
contrary to the advice of either until he or she affords to either an
opportunity to request a public hearing and, if so requested, a public
hearing shall be held. The commissioner shall not approve the applica-
A. 8558--C 34
tion unless he or she is satisfied as to the detailed description of the
proposed program and
(a) the public need for the existence of the program at the time and
place and under the circumstances proposed;
(b) the financial resources of the provider of the proposed program
and its sources of future revenues;
(c) the ability of the proposed program to meet those standards estab-
lished for participation as a home health agency under title XVIII of
the federal Social Security Act; and
(d) such other matters as he or she shall deem pertinent.
If the application is approved, the applicant shall be so notified in
writing. The commissioner's written approval of the application shall
constitute authorization to provide a long term home health care
program. [In making his or her authorization, the commissioner shall
stipulate the maximum number of persons which a provider of a long term
home health care program may serve.] If the commissioner proposes to
disapprove the application, he or she shall notify the applicant in
writing, stating his or her reasons for disapproval, and afford the
applicant an opportunity for a public hearing.
S 36. Intentionally omitted.
S 37. Section 32 of part A of chapter 58 of the laws of 2008, amending
the elder law and other laws relating to reimbursement to particular
provider pharmacies and prescription drug coverage, as amended by
section 26 of part A of chapter 59 of the laws of 2011, is amended to
read as follows:
S 32. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2008; provided
however, that sections one, six-a, nineteen, twenty, twenty-four, and
twenty-five of this act shall take effect July 1, 2008; provided however
that sections sixteen, seventeen and eighteen of this act shall expire
April 1, [2014] 2017; provided, however, that the amendments made by
section twenty-eight of this act shall take effect on the same date as
section 1 of chapter 281 of the laws of 2007 takes effect; provided
further, that sections twenty-nine, thirty, and thirty-one of this act
shall take effect October 1, 2008; provided further, that section twen-
ty-seven of this act shall take effect January 1, 2009; [and provided
further, that section twenty-seven of this act shall expire and be
deemed repealed March 31, 2014;] and provided, further, however, that
the amendments to subdivision 1 of section 241 of the education law made
by section twenty-nine of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith and provided
that the amendments to section 272 of the public health law made by
section thirty of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
S 37-a. Subdivisions 2, 4, 5 and 6 of section 215-b of the elder law,
as added by section 27 of part A of chapter 58 of the laws of 2008, are
amended to read as follows:
2. Definitions. For purposes of this section, the following terms
shall have the following meanings:
(a) "Elderly" or "elderly persons" shall mean persons who are sixty
years of age or older.
(b) "Eligible participant" shall mean elderly or elderly persons as
defined in this section, who are functionally impaired, as defined in
section two hundred fifteen of this title, and in need of services that
exceed the level of assistance currently available through social adult
A. 8558--C 35
day services programs but not at the level of support provided by adult
day health care programs.
(c) "Eligible entity" shall mean any not-for-profit or government
entity, including the governing body or council of an Indian tribal
reservation, who has demonstrated to the office and the department of
health, based on criteria developed by the director and the commissioner
of health, that it can safely provide either directly or through a
contract with a licensed health care practitioner or licensed home care
provider as defined in section thirty-six hundred five of the public
health law, social adult day care services as defined in section two
hundred fifteen of this title[, as well as additional allowable medical
services as developed by the director and the commissioner of health,
and optional services as defined in this section].
(d) ["Enriched social adult day services demonstration project" or
"project" shall mean programs eligible under this section that provide
all of the services currently required for social adult day services
programs under section two hundred fifteen of this title in addition to
enriched services, and may include optional services.
(e)] "Enriched services" shall include the provision of total assist-
ance with toileting, mobility, transferring and eating; dispensing of
medications by a registered nurse; health education; counseling; case
management; restorative therapies lasting less than six months and main-
tenance therapies. Total assistance with toileting, mobility, trans-
ferring and eating shall be provided under the supervision of a licensed
health care provider. Restorative and maintenance therapies shall be
provided by an appropriately licensed health care provider.
[(f)] (E) "Optional services" shall mean other non-medical services
approved by the director designed to improve the quality of life of
eligible participants by extending their independence, avoiding unneces-
sary hospital and nursing home stays, and sustaining their informal
supports.
4. Duties of the director. (a) The director, in conjunction with the
commissioner of health, [may make up to twenty grants available on a
competitive basis to eligible entities under this section. Such grants
may be available for up to two hundred thousand dollars for each
enriched social adult day services demonstration project and shall be
for up to one hundred percent of allowable expenditures for approved
services and expenses under this section.] SHALL DEVELOP AN APPLICATION
PROCESS WHEREBY ELIGIBLE ENTITIES MAY APPLY FOR APPROVAL TO OFFER
ENRICHED SERVICES OR OPTIONAL SERVICES OR BOTH. SUCH APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(1) AN ESTIMATE OF THE NUMBER OF ELDERLY PERSONS THAT COULD BE EFFEC-
TIVELY SERVED BY THE ELIGIBLE ENTITY IF ENRICHED SERVICES, OPTIONAL
SERVICES OR BOTH WERE OFFERED; AND
(2) A PLAN BY THE ELIGIBLE ENTITY TO OFFER ENRICHED SERVICES, OPTIONAL
SERVICES OR BOTH IN ACCORDANCE WITH THE REQUIREMENTS OF PARAGRAPH (D) OF
SUBDIVISION TWO OF THIS SECTION.
(b) In [making grants] CONSIDERING APPLICATIONS MADE PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, the director, in conjunction with the
commissioner of health, may consider:
(1) projects that can effectively serve eligible participants residing
in rural, urban, or suburban settings;
(2) projects that effectively serve culturally diverse populations;
(3) projects that demonstrate innovative use of technology, coordi-
nation, partnerships, transportation or other services to enable eligi-
ble participants to be effectively served; AND
A. 8558--C 36
(4) [the capacity of the eligible entity to identify eligible partic-
ipants for enriched adult day services demonstration projects; and
(5)] any other criteria determined BY THE DIRECTOR, IN CONJUNCTION
WITH THE COMMISSIONER OF HEALTH, to be appropriate.
5. Evaluation. On or before January thirtieth, two thousand [eleven]
FIFTEEN, the director shall provide the governor, the speaker of the
assembly, the temporary president of the senate, and the chairpersons of
the assembly and senate aging and health committees with a written eval-
uation of the program. The evaluation shall examine the effectiveness of
the project in forestalling institutional placement, the costs of
providing enriched services in a day care setting, participant satisfac-
tion and program quality, and identification of the program design
elements necessary for successful replication.
6. [Funds] GRANTS. (A) THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, MAY, WITHIN AMOUNTS APPROPRIATED THEREFOR, MAKE UP TO
TWENTY GRANTS AVAILABLE ON A COMPETITIVE BASIS TO ELIGIBLE ENTITIES
UNDER THIS SECTION. SUCH GRANTS MAY BE AVAILABLE FOR UP TO TWO HUNDRED
THOUSAND DOLLARS FOR EACH ENRICHED SOCIAL ADULT DAY SERVICES DEMON-
STRATION PROJECT AND SHALL BE FOR UP TO ONE HUNDRED PERCENT OF ALLOWABLE
EXPENDITURES FOR APPROVED SERVICES AND EXPENSES UNDER THIS SECTION.
(B) IN MAKING GRANTS, THE DIRECTOR, IN CONJUNCTION WITH THE COMMIS-
SIONER OF HEALTH, MAY CONSIDER THE CRITERIA ESTABLISHED PURSUANT TO
SUBDIVISION FOUR OF THIS SECTION.
(C) Funds made available under this [section] SUBDIVISION shall
supplement and not supplant any federal, state, or local funds expended
by any entity, including a unit of general purpose local government or
not-for-profit, to provide services under this section. Funds under this
[section] SUBDIVISION cannot pay for individuals who are eligible under
title nineteen of the federal social security act.
S 38. Subdivision 1 of section 2557 of the public health law, as
amended by section 4 of part C of chapter 1 of the laws of 2002, is
amended to read as follows:
1. The approved costs for an eligible child who receives an evaluation
and early intervention services pursuant to this title shall be a charge
upon the municipality wherein the eligible child resides or, where the
services are covered by the medical assistance program, upon the social
services district of fiscal responsibility with respect to those eligi-
ble children who are also eligible for medical assistance. All approved
costs shall be paid IN FULL AT THE STATE APPROVED EARLY INTERVENTION
RATE in the first instance [and at least quarterly by the appropriate
governing body or officer of the municipality upon vouchers presented
and audited in the same manner as the case of other claims against the
municipality] BY THE STATE OR ITS DESIGNATED FISCAL AGENT ON BEHALF OF
THE MUNICIPALITY WITHIN FORTY-FIVE DAYS OF THE SUBMISSION BY A PROVIDER
OF A CLAIM OTHER THAN A CLAIM FOR A SERVICE COVERED BY THE MEDICAL
ASSISTANCE PROGRAM TO THE STATE OR ITS DESIGNATED FISCAL AGENT. THE
STATE OR ITS DESIGNATED FISCAL AGENT SHALL NOTIFY A PROVIDER IN WRITING
WITHIN FIFTEEN CALENDAR DAYS OF SUBMISSION OF ANY CLAIM OF ALL SPECIFIC
DEFECTS OR DISPUTES OF SUCH CLAIM AND SPECIFICALLY REQUEST IN WRITING
THE ADDITIONAL INFORMATION OR REMEDY NEEDED TO PROCESS FOR PAYMENT ANY
DISPUTED PORTIONS OF THE CLAIM. ANY DISPUTED CLAIM REMEDIED SHALL BE
PAID IMMEDIATELY. Notwithstanding the insurance law or regulations ther-
eunder relating to the permissible exclusion of payments for services
under governmental programs, no such exclusion shall apply with respect
to payments made pursuant to this title. Notwithstanding the insurance
law or any other law or agreement to the contrary, benefits under this
A. 8558--C 37
title shall be considered secondary to any plan of insurance or state
government benefit program under which an eligible child may have cover-
age. Nothing in this section shall increase or enhance coverages
provided for within an insurance contract subject to the provisions of
this title.
S 38-a. The opening paragraph of paragraph (a) of subdivision 3 of
section 2559 of the public health law, as amended by section 11 of part
A of chapter 56 of the laws of 2012, is amended to read as follows:
[Providers of evaluations and early intervention services, hereinafter
collectively referred to in this subdivision as "provider" or "provid-
ers",] THE STATE OR ITS DESIGNATED FISCAL AGENT shall [in the first
instance and], where applicable, seek payment from all third party
payors including governmental agencies [prior to claiming payment from a
given municipality] for evaluations conducted under the program and for
services rendered to eligible children, OTHER THAN COSTS FOR SERVICES
COVERED BY THE MEDICAL ASSISTANCE PROGRAM, provided that, the obligation
to seek payment shall not apply to a payment from a third party payor
who is not prohibited from applying such payment, and will apply such
payment, to an annual or lifetime limit specified in the insured's poli-
cy. THE STATE OR ITS DESIGNATED FISCAL AGENT SHALL BE RESPONSIBLE FOR
FILING AND CONDUCTING ALL APPEALS OF PAYMENT DENIALS BY ALL THIRD PARTY
PAYORS INCLUDING GOVERNMENTAL AGENCIES, AND TRACKING CLAIMS SUBMITTED TO
ALL THIRD PARTY PAYORS INCLUDING GOVERNMENTAL AGENCIES.
S 38-b. Paragraph (a) of subdivision 3 of section 2559 of the public
health law is amended by adding a new subparagraph (iv) to read as
follows:
(IV) THE FISCAL AGENT SHALL, AT LEAST QUARTERLY, CONDUCT A RECONCIL-
IATION OF THIRD PARTY REIMBURSEMENT PURSUANT TO THIS SUBDIVISION AND
PROVIDE REIMBURSEMENT AT LEVELS IN ACCORDANCE WITH THIS TITLE TO THE
STATE AND MUNICIPALITIES.
S 38-c. Paragraph (d) of subdivision 3 of section 2559 of the public
health law, as amended by section 11 of part A of chapter 56 of the laws
of 2012, is amended to read as follows:
(d) A municipality[, or its designee, and a provider] AND THE STATE OR
ITS DESIGNATED FISCAL AGENT shall be subrogated, to the extent of the
expenditures by such municipality or for early intervention services
furnished to persons eligible for benefits under this title, to any
rights such person may have or be entitled to from third party
reimbursement EXCEPT THE MEDICAL ASSISTANCE PROGRAM. A PROVIDER AND A
MUNICIPALITY SHALL BE SUBROGATED, TO THE EXTENT OF THE EXPENDITURES BY
SUCH PROVIDER AND MUNICIPALITY FOR EARLY INTERVENTION SERVICES FURNISHED
TO PERSONS ELIGIBLE FOR BENEFITS UNDER THIS TITLE, TO ANY RIGHTS SUCH
PERSON MAY HAVE OR BE ENTITLED TO FROM THE MEDICAL ASSISTANCE PROGRAM.
The [provider] STATE OR THE DESIGNATED FISCAL AGENT shall submit notice
to the insurer or plan administrator of [his or her] ITS exercise of
such right of subrogation [upon the provider's assignment as the early
intervention service provider for the child]. The right of subrogation
does not attach to benefits paid or provided under any health insurance
policy or health benefits plan prior to receipt of written notice of the
exercise of subrogation rights by the insurer or plan administrator
providing such benefits.
S 38-d. Notwithstanding any inconsistent provisions of law to the
contrary, any claim for approved costs for an eligible child who
receives an evaluation and early intervention services pursuant to title
2-A of article 25 of the public health law submitted on or before Octo-
ber 1, 2013 for which no payment has been made as of the effective date
A. 8558--C 38
of this act shall be paid by the state or its designated fiscal agent as
designated pursuant to section 2557 of the public health law on the
forty-fifth day after this act shall take effect.
S 39. Section 89-e of the state finance law is amended by adding two
new subdivisions 6 and 7 to read as follows:
6. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
7. THE COMMISSIONER OF HEALTH SHALL PROVIDE AN ANNUAL REPORT TO THE
GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY,
CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF THE ASSEMBLY WAYS AND
MEANS COMMITTEE, ON THE RECIPIENTS AND DISBURSEMENTS OF THE FUND. IN THE
EVENT THAT EXPENDITURE OF ALL MONIES DOES NOT OCCUR DURING A FISCAL
YEAR, THE COMMISSIONER OF HEALTH SHALL PROVIDE AN EXPLANATION AS TO WHY
SUCH FUNDS WERE NOT EXPENDED ALONG WITH A REMEDIAL PLAN TO ENSURE THE
TIMELY DISBURSEMENT OF THE FUNDS IN THE ANNUAL REPORT.
S 40. Subdivision 1 of section 924 of the public health law, as added
by section 23 of part D of chapter 56 of the laws of 2012, is amended to
read as follows:
1. [The] NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION,
SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW, OR ANY OTHER CONTRARY PROVISION OF LAW, THE commissioner is
authorized, within amounts available therefor, to make loan repayment
awards to eligible primary care service corps practitioners who agree to
practice full-time in an underserved area in New York state, in amounts
to be determined by the commissioner, but not to exceed thirty-two thou-
sand dollars per year for any year in which such practitioners provide
full-time eligible obligated service, WITHOUT COMPETITIVE BID OR REQUEST
FOR PROPOSAL PROCESS.
S 41. Article 29-D of the public health law is amended by adding a new
title 1-A to read as follows:
TITLE 1-A
SAFE PATIENT HANDLING
SECTION 2997-G. LEGISLATIVE INTENT.
2997-H. DEFINITIONS.
2997-I. SAFE PATIENT HANDLING WORKGROUP.
2997-J. DISSEMINATION OF BEST PRACTICES, SAMPLE TEMPLATES FOR
SAFE PATIENT HANDLING POLICIES AND OTHER RESOURCES AND
TOOLS.
2997-K. SAFE PATIENT HANDLING COMMITTEES; PROGRAMS.
S 2997-G. LEGISLATIVE INTENT. THE LEGISLATURE HEREBY FINDS AND
DECLARES THAT IT IS IN THE PUBLIC INTEREST FOR HEALTH CARE FACILITIES TO
IMPLEMENT SAFE PATIENT HANDLING POLICIES. THERE ARE MANY BENEFITS THAT
CAN BE DERIVED FROM SAFE PATIENT HANDLING PROGRAMS. PATIENTS BENEFIT
THROUGH IMPROVED QUALITY OF CARE AND QUALITY OF LIFE BY REDUCING THE
RISK OF INJURY. CAREGIVERS ALSO BENEFIT FROM THE REDUCED RISK OF CAREER
ENDING AND DEBILITATING INJURIES LEADING TO INCREASED MORALE, IMPROVED
JOB SATISFACTION, AND LONGEVITY IN THE PROFESSION. HEALTH CARE FACILI-
TIES MAY REALIZE A RETURN ON THEIR INVESTMENT THROUGH REDUCED WORKERS'
COMPENSATION MEDICAL AND INDEMNITY COSTS, REDUCED LOST WORKDAYS, AND
IMPROVED RECRUITMENT AND RETENTION OF CAREGIVERS. ALL OF THIS WILL LEAD
TO FISCAL IMPROVEMENT IN HEALTH CARE IN NEW YORK STATE.
S 2997-H. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
1. "HEALTH CARE FACILITY" SHALL MEAN GENERAL HOSPITALS, RESIDENTIAL
HEALTH CARE FACILITIES, DIAGNOSTIC AND TREATMENT CENTERS, AND CLINICS
LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER, FACILITIES
A. 8558--C 39
WHICH PROVIDE HEALTH CARE SERVICES AND ARE LICENSED OR OPERATED PURSUANT
TO ARTICLE EIGHT OF THE EDUCATION LAW, ARTICLE NINETEEN-G OF THE EXECU-
TIVE LAW OR THE CORRECTION LAW, AND FACILITIES OPERATED BY THE STATE AS
DEFINED IN ARTICLE SEVEN, THIRTEEN OR NINETEEN OF THE MENTAL HYGIENE LAW
INCLUDING ANY FACILITY OPERATED BY THE STATE, A POLITICAL SUBDIVISION OR
A PUBLIC BENEFIT CORPORATION.
2. "NURSE" SHALL MEAN A REGISTERED PROFESSIONAL NURSE OR A LICENSED
PRACTICAL NURSE AS DEFINED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THE
EDUCATION LAW.
3. "DIRECT CARE WORKER" SHALL MEAN ANY EMPLOYEE OF A HEALTH CARE
FACILITY WHO IS RESPONSIBLE FOR PATIENT HANDLING OR PATIENT ASSESSMENT
AS A REGULAR OR INCIDENTAL PART OF HIS OR HER EMPLOYMENT, INCLUDING ANY
LICENSED OR UNLICENSED HEALTH CARE WORKER.
4. "EMPLOYEE REPRESENTATIVE" SHALL MEAN THE RECOGNIZED OR CERTIFIED
COLLECTIVE BARGAINING AGENT FOR NURSES OR DIRECT CARE WORKERS OF A
HEALTH CARE FACILITY.
5. "SAFE PATIENT HANDLING" SHALL MEAN THE USE OF ENGINEERING CONTROLS,
LIFTING AND TRANSFER AIDS, OR ASSISTIVE DEVICES BY STAFF, INSTEAD OF
MANUAL LIFTING TO PERFORM THE ACTS OF LIFTING, TRANSFERRING AND REPOSI-
TIONING HEALTH CARE PATIENTS AND RESIDENTS.
6. "MUSCULOSKELETAL DISORDERS" SHALL MEAN CONDITIONS THAT INVOLVE THE
NERVES, TENDONS, MUSCLES AND SUPPORTING STRUCTURES OF THE BODY.
S 2997-I. SAFE PATIENT HANDLING WORKGROUP. 1. THE COMMISSIONER SHALL
ESTABLISH A SAFE PATIENT HANDLING WORKGROUP (REFERRED TO IN THIS SECTION
AS THE "WORKGROUP") WITHIN THE DEPARTMENT. THE WORKGROUP SHALL CONSIST
OF, AT THE MINIMUM, THE COMMISSIONER OR HIS OR HER DESIGNEE; THE COMMIS-
SIONER OF LABOR OR HIS OR HER DESIGNEE; REPRESENTATIVES OF HEALTH CARE
PROVIDER ORGANIZATIONS; REPRESENTATIVES FROM EMPLOYEE ORGANIZATIONS
REPRESENTING NURSES AND REPRESENTATIVES FROM EMPLOYEE ORGANIZATIONS
REPRESENTING DIRECT CARE WORKERS; REPRESENTATIVES OF NURSE EXECUTIVES;
REPRESENTATIVES WHO ARE CERTIFIED ERGONOMIST EVALUATION SPECIALISTS; AND
REPRESENTATIVES WHO HAVE EXPERTISE IN FIELDS OF DISCIPLINE RELATED TO
HEALTH CARE OR OCCUPATIONAL SAFETY.
2. WORKGROUP MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES
AS MEMBERS OF THE WORKGROUP, BUT SHALL BE REIMBURSED FOR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
3. THE WORKGROUP SHALL BE ESTABLISHED NO LATER THAN JANUARY FIRST, TWO
THOUSAND FIFTEEN.
4. THE WORKGROUP SHALL:
(A) REVIEW EXISTING SAFE PATIENT HANDLING PROGRAMS OR POLICIES,
INCLUDING DEMONSTRATION PROGRAMS PREVIOUSLY AUTHORIZED BY CHAPTER SEVEN
HUNDRED THIRTY-EIGHT OF THE LAWS OF TWO THOUSAND FIVE AND NATIONAL DATA
AND RESULTS;
(B) CONSULT WITH ANY ORGANIZATION, EDUCATIONAL INSTITUTION, OTHER
GOVERNMENT ENTITY OR AGENCY OR PERSON THAT THE WORKGROUP DETERMINES MAY
BE ABLE TO PROVIDE INFORMATION AND EXPERTISE ON THE DEVELOPMENT AND
IMPLEMENTATION OF SAFE PATIENT HANDLING PROGRAMS;
(C) IDENTIFY OR DEVELOP TRAINING MATERIALS; AND
(D) SUBMIT A REPORT TO THE COMMISSIONER BY JULY FIRST, TWO THOUSAND
FIFTEEN IDENTIFYING SAFE PATIENT HANDLING PROGRAM BEST PRACTICES,
PROVIDING TEMPLATES FOR SAMPLE POLICIES, AND RECOMMENDING RESOURCES AND
TOOLS USEFUL FOR PROVIDERS TO MEET THE GOALS OF SAFE PATIENT HANDLING
POLICIES.
5. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES, AND PUBLIC AUTHORI-
TIES SHALL PROVIDE THE WORKGROUP WITH ANY REASONABLY REQUESTED ASSIST-
ANCE OR ADVICE IN A TIMELY MANNER.
A. 8558--C 40
S 2997-J. DISSEMINATION OF BEST PRACTICES, SAMPLE TEMPLATES FOR SAFE
PATIENT HANDLING POLICIES AND OTHER RESOURCES AND TOOLS. THE COMMISSION-
ER SHALL DISSEMINATE BEST PRACTICES, SAMPLE TEMPLATES FOR SAFE PATIENT
HANDLING POLICIES, AND OTHER RESOURCES AND TOOLS TO HEALTH CARE FACILI-
TIES, TAKING INTO CONSIDERATION THE RECOMMENDATIONS OF THE SAFE PATIENT
HANDLING WORKGROUP. SUCH BEST PRACTICES, SAMPLE TEMPLATES FOR SAFE
PATIENT HANDLING POLICIES, AND OTHER RESOURCES AND TOOLS SHALL BE MADE
AVAILABLE TO ALL FACILITIES COVERED BY THIS TITLE ON OR BEFORE JANUARY
FIRST, TWO THOUSAND SIXTEEN.
S 2997-K. SAFE PATIENT HANDLING COMMITTEES; PROGRAMS. 1. ON OR BEFORE
JANUARY FIRST, TWO THOUSAND SIXTEEN, EACH HEALTH CARE FACILITY SHALL
ESTABLISH A SAFE PATIENT HANDLING COMMITTEE (REFERRED TO IN THIS SECTION
AS A "COMMITTEE" EXCEPT WHERE THE CONTEXT CLEARLY REQUIRES OTHERWISE)
EITHER BY CREATING A NEW COMMITTEE OR ASSIGNING THE FUNCTIONS OF A SAFE
PATIENT HANDLING COMMITTEE TO AN EXISTING COMMITTEE. THE PURPOSE OF A
COMMITTEE IS TO DESIGN AND RECOMMEND THE PROCESS FOR IMPLEMENTING A SAFE
PATIENT HANDLING PROGRAM FOR THE HEALTH CARE FACILITY. THE COMMITTEE
SHALL INCLUDE INDIVIDUALS WITH EXPERTISE OR EXPERIENCE THAT IS RELEVANT
TO SAFE PATIENT HANDLING, INCLUDING RISK MANAGEMENT, NURSING, PURCHAS-
ING, OR OCCUPATIONAL SAFETY AND HEALTH, AND EMPLOYEE REPRESENTATIVES,
PROVIDED THAT AT LEAST ONE-HALF OF THE MEMBERS OF THE SAFE PATIENT
HANDLING COMMITTEE SHALL BE FRONTLINE NON-MANAGERIAL EMPLOYEES WHO
PROVIDE DIRECT CARE TO PATIENTS. AT LEAST ONE NON-MANAGERIAL NURSE AND
ONE NON-MANAGERIAL DIRECT CARE WORKER SHALL BE ON THE SAFE PATIENT
HANDLING COMMITTEE. IN HEALTH CARE FACILITIES WHERE A RESIDENT COUNCIL
IS ESTABLISHED, AND WHERE FEASIBLE, AT LEAST ONE MEMBER OF THE SAFE
PATIENT HANDLING COMMITTEE SHALL BE A REPRESENTATIVE FROM THE RESIDENT
COUNCIL. THE COMMITTEE SHALL HAVE TWO CO-CHAIRS WITH ONE FROM MANAGEMENT
AND ONE FRONTLINE NON-MANAGERIAL NURSE OR DIRECT CARE WORKER.
2. ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, EACH HEALTH
CARE FACILITY, IN CONSULTATION WITH THE SAFE PATIENT HANDLING COMMITTEE,
SHALL ESTABLISH A SAFE PATIENT HANDLING PROGRAM. AS PART OF THIS
PROGRAM, A HEALTH CARE FACILITY SHALL:
(A) IMPLEMENT A SAFE PATIENT HANDLING POLICY, CONSIDERING THE ELEMENTS
OF THE SAMPLE TEMPLATE SAFE PATIENT HANDLING POLICIES AND BEST PRACTICES
DISSEMINATED BY THE COMMISSIONER, FOR ALL SHIFTS AND UNITS OF THE HEALTH
CARE FACILITY. IMPLEMENTATION OF THE SAFE PATIENT HANDLING POLICY MAY
BE PHASED-IN WITH THE ACQUISITION OF EQUIPMENT;
(B) CONDUCT A PATIENT HANDLING HAZARD ASSESSMENT. THIS ASSESSMENT
SHOULD CONSIDER SUCH VARIABLES AS PATIENT-HANDLING TASKS, TYPES OF NURS-
ING UNITS, PATIENT POPULATIONS AND THE PHYSICAL ENVIRONMENT OF PATIENT
CARE AREAS;
(C) DEVELOP A PROCESS TO IDENTIFY THE APPROPRIATE USE OF THE SAFE
PATIENT HANDLING POLICY BASED ON THE PATIENT'S PHYSICAL AND MEDICAL
CONDITION AND THE AVAILABILITY OF SAFE PATIENT HANDLING EQUIPMENT. THE
POLICY SHALL INCLUDE A MEANS TO ADDRESS CIRCUMSTANCES UNDER WHICH IT
WOULD BE MEDICALLY CONTRAINDICATED TO USE LIFTING OR TRANSFER AIDS OR
ASSISTIVE DEVICES FOR PARTICULAR PATIENTS;
(D) PROVIDE INITIAL AND ON-GOING YEARLY TRAINING AND EDUCATION ON SAFE
PATIENT HANDLING FOR CURRENT EMPLOYEES AND NEW HIRES, AND ESTABLISH
PROCEDURES TO ENSURE THAT RETRAINING FOR THOSE FOUND TO BE DEFICIENT IS
PROVIDED AS NEEDED;
(E) SET UP AND UTILIZE A PROCESS FOR INCIDENT INVESTIGATION AND POST-
INVESTIGATION REVIEW WHICH MAY INCLUDE A PLAN OF CORRECTION AND IMPLE-
MENTATION OF CONTROLS;
A. 8558--C 41
(F) CONDUCT AN ANNUAL PERFORMANCE EVALUATION OF THE PROGRAM TO DETER-
MINE ITS EFFECTIVENESS, WITH THE RESULTS OF THE EVALUATION REPORTED TO
THE SAFE PATIENT HANDLING COMMITTEE. THE EVALUATION SHALL DETERMINE THE
EXTENT TO WHICH IMPLEMENTATION OF THE PROGRAM HAS RESULTED IN A
REDUCTION IN THE RISK OF INJURY TO PATIENTS, MUSCULOSKELETAL DISORDER
CLAIMS AND DAYS OF LOST WORK ATTRIBUTABLE TO MUSCULOSKELETAL DISORDERS
BY EMPLOYEES CAUSED BY PATIENT HANDLING, AND INCLUDE RECOMMENDATIONS TO
INCREASE THE PROGRAM'S EFFECTIVENESS;
(G) WHEN DEVELOPING ARCHITECTURAL PLANS FOR CONSTRUCTING OR REMODELING
A HEALTH CARE FACILITY OR A UNIT OF A HEALTH CARE FACILITY IN WHICH
PATIENT HANDLING AND MOVEMENT OCCURS, CONSIDER THE FEASIBILITY OF INCOR-
PORATING PATIENT HANDLING EQUIPMENT OR THE PHYSICAL SPACE AND
CONSTRUCTION DESIGN NEEDED TO INCORPORATE THAT EQUIPMENT AT A LATER
DATE; AND
(H) DEVELOP PROCEDURES FOR EMPLOYEES TO REFUSE TO PERFORM OR BE
INVOLVED IN PATIENT HANDLING OR MOVEMENT THAT THE EMPLOYEE REASONABLY
BELIEVES IN GOOD FAITH WILL EXPOSE A PATIENT OR HEALTH CARE FACILITY
EMPLOYEE TO AN UNACCEPTABLE RISK OF INJURY. SUCH PROCEDURES SHALL
REQUIRE THAT THE NURSE OR DIRECT CARE WORKER MAKE A GOOD FAITH EFFORT TO
ENSURE PATIENT SAFETY AND BRING THE MATTER TO THE ATTENTION OF THE
FACILITY. A HEALTH CARE FACILITY EMPLOYEE WHO REASONABLY AND IN GOOD
FAITH FOLLOWS THE PROCEDURE DEVELOPED BY THE HEALTH CARE FACILITY IN
ACCORDANCE WITH THIS SUBSECTION SHALL NOT BE THE SUBJECT OF DISCIPLINARY
ACTION BY THE HEALTH CARE FACILITY FOR THE REFUSAL TO PERFORM OR BE
INVOLVED IN THE PATIENT HANDLING OR MOVEMENT.
S 41-a. Section 2304 of the insurance law is amended by adding a new
subsection (j) to read as follows:
(J)(1) ON OR BEFORE JULY FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT
SHALL DEVELOP RULES ESTABLISHING REQUIREMENTS FOR HEALTH CARE FACILITIES
TO OBTAIN A REDUCED WORKER'S COMPENSATION RATE FOR SAFE PATIENT HANDLING
PROGRAMS IMPLEMENTED PURSUANT TO TITLE ONE-A OF ARTICLE TWENTY-NINE-A OF
THE PUBLIC HEALTH LAW.
(2) THE DEPARTMENT SHALL COMPLETE AN EVALUATION OF THE RESULTS OF THE
REDUCED RATE, INCLUDING CHANGES IN CLAIM FREQUENCY AND COSTS, AND SHALL
REPORT TO THE APPROPRIATE COMMITTEES OF THE LEGISLATURE ON OR BEFORE
DECEMBER FIRST, TWO THOUSAND EIGHTEEN AND AGAIN ON OR BEFORE DECEMBER
FIRST, TWO THOUSAND TWENTY.
S 42. Legislative findings and intent. The legislature finds that
thousands of New Yorkers have serious medical conditions that can be
improved by medically-approved use of marihuana. The law should not
stand between them and treatment necessary for life and health. This
legislation follows the well-established public policy that a controlled
substance can have a legitimate medical use. Many controlled substances
that are legal for medical use (such as morphine and steroids) are ille-
gal for any other use. The purposes of article 33 of the public health
law include allowing legitimate medical use of controlled substances in
health care, including palliative care. This legislation establishes a
medical model of care which regulates medical marihuana as a recommended
medicine in keeping with recognized medical public health and safety
standards. This policy and this legislation do not in any way diminish
New York state's strong public policy and laws against illegal drug use,
nor should it be deemed in any manner to advocate, authorize, promote,
or legally or socially accept the use of marihuana for children or
adults, for any non-medical use. This legislation is an appropriate
exercise of the state's legislative power to protect the health of its
people under article 17 of the state constitution and the tenth amend-
A. 8558--C 42
ment of the United States constitution. Furthermore, the legislature
finds that New York state has a significant and ongoing economic and
non-regulatory interest in the financial viability of organizations that
sell marihuana for medical use. The legislature finds that the financial
viability of such organizations would be greatly diminished and threat-
ened by labor-management conflict, such as a strike at a facility that
cultivates marihuana, especially because of the need for enhanced secu-
rity concerning the products. Replacements during a strike would be
difficult to arrange and cause delay far more significant than a strike
elsewhere. Accordingly, the legislature finds that the state has a
substantial and compelling proprietary interest in this matter, and
finds that labor peace is essential for any organization to conduct
business relating to the sale of medical marihuana.
It is the legislative intent that this act be implemented consistently
with these findings and principles, through a reasonable and workable
system with appropriate oversight; strong "seed to sale" regulation to
prevent diversion, abuse, and other illegal conduct; reasonable access
to and appropriate use of medical marihuana by certified patients; eval-
uation; and continuing research.
S 42-a. Article 33 of the public health law is amended by adding a new
title 5-A to read as follows:
TITLE V-A
MEDICAL USE OF MARIHUANA
SECTION 3360. DEFINITIONS.
3361. CERTIFICATION OF PATIENTS.
3362. LAWFUL MEDICAL USE.
3363. REGISTRY IDENTIFICATION CARDS.
3364. REGISTERED ORGANIZATIONS.
3365. REGISTERING OF REGISTERED ORGANIZATIONS.
3366. REPORTS BY REGISTERED ORGANIZATIONS.
3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT.
3368. RELATION TO OTHER LAWS.
3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA.
3369-A. REGULATIONS.
3369-B. SEVERABILITY.
S 3360. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
1. "CERTIFIED MEDICAL USE" MEANS THE ACQUISITION, POSSESSION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER FOR USE AS PART OF
THE TREATMENT OF THE PATIENT'S SERIOUS CONDITION SPECIFIED IN A CERTIF-
ICATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE,
INCLUDING ENABLING THE PATIENT TO TOLERATE TREATMENT FOR THE SERIOUS
CONDITION.
2. "CARING FOR" MEANS TREATING OR COUNSELING A PATIENT, IN THE COURSE
OF WHICH THE PRACTITIONER HAS COMPLETED A FULL ASSESSMENT OF THE
PATIENT'S MEDICAL HISTORY AND CURRENT MEDICAL CONDITION.
3. "CERTIFIED PATIENT" MEANS A PATIENT WHO IS CERTIFIED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
4. "CERTIFICATION" MEANS A CERTIFICATION, MADE UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE.
5. "DESIGNATED CAREGIVER" MEANS THE INDIVIDUAL DESIGNATED BY A CERTI-
FIED PATIENT IN A REGISTRY APPLICATION.
6. "PUBLIC PLACE" MEANS A PUBLIC PLACE AS DEFINED IN SECTION 240.00 OF
THE PENAL LAW, A MOTOR VEHICLE AS DEFINED IN SECTION ONE HUNDRED TWEN-
A. 8558--C 43
TY-FIVE OF THE VEHICLE AND TRAFFIC LAW, AN AIRCRAFT AS DEFINED IN
SECTION TWO HUNDRED FORTY OF THE GENERAL BUSINESS LAW OR A VESSEL AS
DEFINED IN SECTION TWO OF THE NAVIGATION LAW.
7. "SERIOUS CONDITION" MEANS A SEVERE DEBILITATING OR LIFE-THREATENING
CONDITION, INCLUDING, BUT NOT LIMITED TO, CANCER, GLAUCOMA, POSITIVE
STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNE DEFICIENCY
SYNDROME, PARKINSON'S DISEASE, MULTIPLE SCLEROSIS, DAMAGE TO THE NERVOUS
TISSUE OF THE SPINAL CORD WITH OBJECTIVE NEUROLOGICAL INDICATION OF
INTRACTABLE SPASTICITY, EPILEPSY, CACHEXIA, WASTING SYNDROME, CROHN'S
DISEASE, POST-TRAUMATIC STRESS DISORDER, NEUROPATHY, ARTHRITIS, LUPUS,
AND DIABETES, OR A CONDITION ASSOCIATED WITH OR A COMPLICATION OF SUCH A
CONDITION OR ITS TREATMENT SUBJECT TO LIMITATION IN REGULATION OF THE
COMMISSIONER.
8. "MEDICAL MARIHUANA" MEANS MARIHUANA AS DEFINED IN SUBDIVISION TWEN-
TY-ONE OF SECTION THIRTY-THREE HUNDRED TWO OF THIS ARTICLE INTENDED FOR
A CERTIFIED MEDICAL USE.
9. "REGISTERED ORGANIZATION" MEANS A REGISTERED ORGANIZATION UNDER
SECTIONS THIRTY-THREE HUNDRED SIXTY-FOUR AND THIRTY-THREE HUNDRED
SIXTY-FIVE OF THIS TITLE.
10. "REGISTRY APPLICATION" MEANS AN APPLICATION PROPERLY COMPLETED AND
FILED WITH THE DEPARTMENT BY A CERTIFIED PATIENT UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
11. "REGISTRY IDENTIFICATION CARD" MEANS A DOCUMENT THAT IDENTIFIES A
CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS PROVIDED UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-THREE OF THIS TITLE.
12. "PRACTITIONER" MEANS A PRACTITIONER WHO IS A PHYSICIAN, PHYSICIAN
ASSISTANT, OR NURSE PRACTITIONER, ACTING WITHIN THE PRACTITIONER'S
LAWFUL SCOPE OF PRACTICE.
13. "TERMINALLY ILL" MEANS AN INDIVIDUAL HAS A MEDICAL PROGNOSIS THAT
THE INDIVIDUAL'S LIFE EXPECTANCY IS APPROXIMATELY ONE YEAR OR LESS IF
THE ILLNESS RUNS ITS NORMAL COURSE.
14. "LABOR PEACE AGREEMENT" MEANS AN AGREEMENT BETWEEN AN ENTITY AND A
LABOR ORGANIZATION THAT, AT A MINIMUM, PROTECTS THE STATE'S PROPRIETARY
INTERESTS BY PROHIBITING LABOR ORGANIZATIONS AND MEMBERS FROM ENGAGING
IN PICKETING, WORK STOPPAGES, BOYCOTTS, AND ANY OTHER ECONOMIC INTERFER-
ENCE WITH THE REGISTERED ORGANIZATION'S BUSINESS.
S 3361. CERTIFICATION OF PATIENTS. 1. A PATIENT CERTIFICATION MAY ONLY
BE ISSUED IF A PRACTITIONER WHO IS CARING FOR THE PATIENT FOR A SERIOUS
CONDITION CERTIFIES THAT: (A) THE PATIENT HAS A SERIOUS CONDITION, WHICH
SHALL BE SPECIFIED IN THE PATIENT'S HEALTH CARE RECORD; (B) THE PATIENT
IS UNDER THE PRACTITIONER'S CARE FOR THE SERIOUS CONDITION; AND (C) IN
THE PRACTITIONER'S PROFESSIONAL OPINION, THE PATIENT IS LIKELY TO
RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM THE PRIMARY OR ADJUNCTIVE
TREATMENT WITH MEDICAL USE OF MARIHUANA FOR THE SERIOUS CONDITION.
2. THE CERTIFICATION SHALL BE IN WRITING AND INCLUDE (A) THE NAME,
DATE OF BIRTH AND ADDRESS OF THE PATIENT; (B) A STATEMENT THAT THE
PATIENT HAS A SERIOUS CONDITION; THE PATIENT IS UNDER THE PRACTITIONER'S
CARE FOR THE SERIOUS CONDITION AND, IN THE PRACTITIONER'S PROFESSIONAL
OPINION, THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE
BENEFIT FROM THE PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF
MARIHUANA FOR THE SERIOUS CONDITION; (C) THE DATE; AND (D) THE NAME,
ADDRESS, FEDERAL REGISTRATION NUMBER, TELEPHONE NUMBER, AND THE HAND-
WRITTEN SIGNATURE OF THE CERTIFYING PRACTITIONER. THE COMMISSIONER MAY
REQUIRE BY REGULATION THAT THE CERTIFICATION SHALL BE ON A FORM PROVIDED
BY THE DEPARTMENT IF THE COMMISSIONER DETERMINES THAT THE DEPARTMENT IS
MAKING CERTIFICATION FORMS ADEQUATELY AVAILABLE. THE PRACTITIONER MAY
A. 8558--C 44
STATE IN THE CERTIFICATION THAT, IN THE PRACTITIONER'S PROFESSIONAL
OPINION THE PATIENT WOULD BENEFIT FROM MEDICAL MARIHUANA ONLY UNTIL A
SPECIFIED DATE. THE PRACTITIONER MAY STATE IN THE CERTIFICATION THAT, IN
THE PRACTITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL
AND THAT THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES.
3. THE PRACTITIONER SHALL GIVE THE CERTIFICATION TO THE CERTIFIED
PATIENT, AND PLACE A COPY IN THE PATIENT'S HEALTH CARE RECORD.
4. NO PRACTITIONER SHALL ISSUE A CERTIFICATION UNDER THIS SECTION FOR
HIMSELF OR HERSELF.
5. A REGISTRY IDENTIFICATION CARD BASED ON A CERTIFICATION SHALL
EXPIRE ONE YEAR AFTER THE DATE THE CERTIFICATION IS SIGNED BY THE PRAC-
TITIONER; EXCEPT THAT WHERE A CERTIFIED PATIENT HAS A REGISTRY IDENTIFI-
CATION CARD BASED ON A CURRENT VALID CERTIFICATION, A NEW REGISTRY IDEN-
TIFICATION CARD BASED ON A NEW CERTIFICATION SHALL EXPIRE ONE YEAR AFTER
THE EXPIRATION OF THE REGISTRY IDENTIFICATION CARD BASED ON THE CURRENT
VALID CERTIFICATION. HOWEVER,
(A) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT, IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION, THE PATIENT WOULD BENEFIT FROM MEDICAL
MARIHUANA ONLY UNTIL A SPECIFIED EARLIER DATE, THEN THE REGISTRY IDEN-
TIFICATION CARD SHALL EXPIRE ON THAT DATE;
(B) IF THE PRACTITIONER STATES IN THE CERTIFICATION THAT IN THE PRAC-
TITIONER'S PROFESSIONAL OPINION THE PATIENT IS TERMINALLY ILL AND THAT
THE CERTIFICATION SHALL NOT EXPIRE UNTIL THE PATIENT DIES, THEN THE
REGISTRY IDENTIFICATION CARD SHALL STATE THAT THE PATIENT IS TERMINALLY
ILL AND THAT THE REGISTRATION CARD SHALL NOT EXPIRE UNTIL THE PATIENT
DIES; AND
(C) IF THE PRACTITIONER RE-ISSUES THE CERTIFICATION TO TERMINATE THE
CERTIFICATION ON AN EARLIER DATE, THEN THE REGISTRY IDENTIFICATION CARD
SHALL EXPIRE ON THAT DATE AND SHALL BE PROMPTLY RETURNED BY THE CERTI-
FIED PATIENT TO THE DEPARTMENT.
S 3362. LAWFUL MEDICAL USE. 1. THE POSSESSION, ACQUISITION, USE,
DELIVERY, TRANSFER, TRANSPORTATION, OR ADMINISTRATION OF MEDICAL MARI-
HUANA BY A CERTIFIED PATIENT OR DESIGNATED CAREGIVER POSSESSING A VALID
REGISTRY IDENTIFICATION CARD, FOR CERTIFIED MEDICAL USE, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
(A) THE MARIHUANA THAT MAY BE POSSESSED BY A CERTIFIED PATIENT DOES
NOT EXCEED A TOTAL AGGREGATE WEIGHT OF TWO AND ONE-HALF OUNCES OF MARI-
HUANA; AND
(B) THE MARIHUANA THAT MAY BE POSSESSED BY A DESIGNATED CAREGIVER DOES
NOT EXCEED THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF THIS SUBDIVI-
SION FOR EACH CERTIFIED PATIENT FOR WHOM THE CAREGIVER POSSESSES A VALID
REGISTRY IDENTIFICATION CARD, UP TO FIVE CERTIFIED PATIENTS.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION:
(A) POSSESSION OF MARIHUANA SHALL NOT BE LAWFUL UNDER THIS TITLE IF IT
IS CONSUMED, GROWN OR DISPLAYED IN A PUBLIC PLACE;
(B) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
NOT BE SMOKED UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER.
3. IT SHALL BE LAWFUL UNDER THIS ARTICLE TO GIVE OR DISPOSE OF MARI-
HUANA, OBTAINED UNDER THIS TITLE, FOR CERTIFIED MEDICAL USE, BETWEEN
CERTIFIED PATIENTS AND OTHER CERTIFIED PATIENTS, AND BETWEEN A DESIG-
NATED CAREGIVER AND THE DESIGNATED CAREGIVER'S CERTIFIED PATIENT WHERE
NOTHING OF VALUE IS TRANSFERRED IN RETURN, OR TO OFFER TO DO THE SAME.
THIS PROHIBITION ON TRANSFERRING OR OFFERING TO TRANSFER A THING OF
VALUE SHALL NOT:
(A) APPLY TO SALE OF MEDICAL MARIHUANA TO OR BY A REGISTERED ORGANIZA-
TION UNDER THIS ARTICLE; NOR
A. 8558--C 45
(B) PREVENT A DESIGNATED CAREGIVER FROM BEING REIMBURSED FOR REASON-
ABLE COSTS OR ACTIVITIES RELATING TO CARING FOR A CERTIFIED PATIENT,
INCLUDING, BUT NOT LIMITED TO, REIMBURSEMENT FOR LEGITIMATE EXPENSES
RELATING TO THE PURCHASE OF MEDICAL MARIHUANA FROM A REGISTERED ORGAN-
IZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-SIX OF THIS TITLE.
S 3363. REGISTRY IDENTIFICATION CARDS. 1. THE DEPARTMENT SHALL ISSUE
REGISTRY IDENTIFICATION CARDS FOR CERTIFIED PATIENTS AND DESIGNATED
CAREGIVERS. A REGISTRY IDENTIFICATION CARD SHALL EXPIRE AS PROVIDED IN
SECTION THIRTY-THREE HUNDRED SIXTY-ONE OF THIS TITLE OR AS OTHERWISE
PROVIDED IN THIS SECTION. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRY
IDENTIFICATION CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS SECTION. THE DEPARTMENT MAY SPECIFY A FORM FOR A REGISTRY APPLICA-
TION, IN WHICH CASE THE DEPARTMENT SHALL PROVIDE THE FORM ON REQUEST,
REPRODUCTIONS OF THE FORM MAY BE USED, AND THE FORM SHALL BE AVAILABLE
FOR DOWNLOADING FROM THE DEPARTMENT'S WEBSITE.
2. TO OBTAIN, AMEND OR RENEW A REGISTRY IDENTIFICATION CARD, A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER SHALL FILE A REGISTRY APPLICATION
WITH THE DEPARTMENT. THE REGISTRY APPLICATION OR RENEWAL APPLICATION
SHALL INCLUDE:
(A) IN THE CASE OF A CERTIFIED PATIENT, THE ORIGINAL PATIENT'S CERTIF-
ICATION (A NEW WRITTEN CERTIFICATION SHALL BE PROVIDED WITH A RENEWAL
APPLICATION);
(B) IN THE CASE OF A CERTIFIED PATIENT,
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE PATIENT;
(II) THE DATE OF THE CERTIFICATION;
(III) IF THE PATIENT HAS A REGISTRY IDENTIFICATION CARD BASED ON A
CURRENT VALID CERTIFICATION, THE REGISTRY IDENTIFICATION NUMBER AND
EXPIRATION DATE OF THAT REGISTRY IDENTIFICATION CARD;
(IV) THE SPECIFIED DATE UNTIL WHICH THE PATIENT WOULD BENEFIT FROM
MEDICAL MARIHUANA, IF THE CERTIFICATION STATES SUCH A DATE;
(V) THE NAME, ADDRESS, FEDERAL REGISTRATION NUMBER, AND TELEPHONE
NUMBER OF THE CERTIFYING PRACTITIONER; AND
(VI) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
(C) IN THE CASE OF A CERTIFIED PATIENT, IF THE PATIENT DESIGNATES A
DESIGNATED CAREGIVER, THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIG-
NATED CAREGIVER, AND OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED
BY THE DEPARTMENT; A CERTIFIED PATIENT MAY DESIGNATE UP TO TWO DESIG-
NATED CAREGIVERS; EXCEPT THAT A CERTIFIED PATIENT MAY DESIGNATE MORE
THAN TWO CAREGIVERS IF THE ADDITIONAL CAREGIVERS ARE MEMBERS OF THE
CERTIFIED PATIENT'S IMMEDIATE FAMILY OR PHYSICAL HOUSEHOLD;
(D) IN THE CASE OF A DESIGNATED CAREGIVER,
(I) THE NAME, ADDRESS, AND DATE OF BIRTH OF THE DESIGNATED CAREGIVER;
(II) IF THE DESIGNATED CAREGIVER HAS A REGISTRY IDENTIFICATION CARD,
THE REGISTRY IDENTIFICATION NUMBER AND EXPIRATION DATE OF THAT REGISTRY
IDENTIFICATION CARD; AND
(III) OTHER INDIVIDUAL IDENTIFYING INFORMATION REQUIRED BY THE DEPART-
MENT;
(E) A STATEMENT THAT A FALSE STATEMENT MADE IN THE APPLICATION IS
PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW;
(F) THE DATE OF THE APPLICATION AND THE SIGNATURE OF THE CERTIFIED
PATIENT OR DESIGNATED CAREGIVER, AS THE CASE MAY BE; AND
(G) A REASONABLE APPLICATION FEE, AS DETERMINED BY THE DEPARTMENT;
PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE THE FEE IN CASES OF
FINANCIAL HARDSHIP.
3. WHERE A CERTIFIED PATIENT IS UNDER THE AGE OF EIGHTEEN:
A. 8558--C 46
(A) THE APPLICATION FOR A REGISTRY IDENTIFICATION CARD SHALL BE MADE
BY AN APPROPRIATE PERSON OVER TWENTY-ONE YEARS OF AGE. THE APPLICATION
SHALL STATE FACTS DEMONSTRATING THAT THE PERSON IS APPROPRIATE.
(B) THE DESIGNATED CAREGIVER SHALL BE (I) A PARENT OR LEGAL GUARDIAN
OF THE CERTIFIED PATIENT, (II) A PERSON DESIGNATED BY A PARENT OR LEGAL
GUARDIAN, OR (III) AN APPROPRIATE PERSON APPROVED BY THE DEPARTMENT UPON
A SUFFICIENT SHOWING THAT NO PARENT OR LEGAL GUARDIAN IS APPROPRIATE OR
AVAILABLE.
4. NO PERSON MAY BE A DESIGNATED CAREGIVER IF THE PERSON IS UNDER
TWENTY-ONE YEARS OF AGE UNLESS A SUFFICIENT SHOWING IS MADE TO THE
DEPARTMENT THAT THE PERSON SHOULD BE PERMITTED TO SERVE AS A DESIGNATED
CAREGIVER.
5. NO PERSON MAY BE A DESIGNATED CAREGIVER FOR MORE THAN FIVE CERTI-
FIED PATIENTS AT ONE TIME.
6. THE DEPARTMENT SHALL ISSUE SEPARATE REGISTRY IDENTIFICATION CARDS
FOR CERTIFIED PATIENTS AND DESIGNATED CAREGIVERS WITHIN THIRTY DAYS OF
RECEIVING A COMPLETE APPLICATION UNDER THIS SECTION, UNLESS IT DETER-
MINES THAT THE APPLICATION IS INCOMPLETE OR FACIALLY INACCURATE, IN
WHICH CASE IT SHALL PROMPTLY NOTIFY THE APPLICANT.
7. IF THE APPLICATION OF A CERTIFIED PATIENT DESIGNATES AN INDIVIDUAL
AS A DESIGNATED CAREGIVER WHO IS NOT AUTHORIZED TO BE A DESIGNATED CARE-
GIVER, THAT PORTION OF THE APPLICATION SHALL BE DENIED BY THE DEPARTMENT
BUT THAT SHALL NOT AFFECT THE APPROVAL OF THE BALANCE OF THE APPLICA-
TION.
8. A REGISTRY IDENTIFICATION CARD SHALL:
(A) CONTAIN THE NAME OF THE CERTIFIED PATIENT OR THE DESIGNATED CARE-
GIVER AS THE CASE MAY BE;
(B) CONTAIN THE DATE OF ISSUANCE AND EXPIRATION DATE OF THE REGISTRY
IDENTIFICATION CARD;
(C) CONTAIN A REGISTRY IDENTIFICATION NUMBER FOR THE CERTIFIED PATIENT
OR DESIGNATED CAREGIVER, AS THE CASE MAY BE AND A REGISTRY IDENTIFICA-
TION NUMBER;
(D) CONTAIN A PHOTOGRAPH OF THE INDIVIDUAL TO WHOM THE REGISTRY IDEN-
TIFICATION CARD IS BEING ISSUED, WHICH SHALL BE OBTAINED BY THE DEPART-
MENT IN A MANNER SPECIFIED BY THE COMMISSIONER IN REGULATIONS; PROVIDED,
HOWEVER, THAT IF THE DEPARTMENT REQUIRES CERTIFIED PATIENTS TO SUBMIT
PHOTOGRAPHS FOR THIS PURPOSE, THERE SHALL BE A REASONABLE ACCOMMODATION
OF CERTIFIED PATIENTS WHO ARE CONFINED TO THEIR HOMES DUE TO THEIR
MEDICAL CONDITIONS AND MAY THEREFORE HAVE DIFFICULTY PROCURING PHOTO-
GRAPHS; AND
(E) BE A SECURE DOCUMENT.
9. A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WHO HAS BEEN ISSUED A
REGISTRY IDENTIFICATION CARD SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE
IN HIS OR HER NAME OR ADDRESS OR, WITH RESPECT TO THE PATIENT, OR IF HE
OR SHE CEASES TO HAVE THE SERIOUS CONDITION NOTED ON THE CERTIFICATION
WITHIN TEN DAYS OF SUCH CHANGE.
10. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER LOSES HIS OR HER
REGISTRY IDENTIFICATION CARD, HE OR SHE SHALL NOTIFY THE DEPARTMENT AND
SUBMIT A TEN DOLLAR FEE WITHIN TEN DAYS OF LOSING THE CARD TO MAINTAIN
THE REGISTRATION. THE DEPARTMENT MAY ESTABLISH HIGHER FEES FOR ISSUING
A NEW REGISTRY IDENTIFICATION CARD FOR SECOND AND SUBSEQUENT REPLACE-
MENTS FOR A LOST CARD, PROVIDED, THAT THE DEPARTMENT MAY WAIVE OR REDUCE
THE FEE IN CASES OF FINANCIAL HARDSHIP. WITHIN FIVE DAYS AFTER SUCH
NOTIFICATION AND PAYMENT, THE DEPARTMENT SHALL ISSUE A NEW REGISTRY
IDENTIFICATION CARD, WHICH MAY CONTAIN A NEW REGISTRY IDENTIFICATION
A. 8558--C 47
NUMBER, TO THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER, AS THE CASE
MAY BE.
11. THE DEPARTMENT SHALL MAINTAIN A CONFIDENTIAL LIST OF THE PERSONS
TO WHOM IT HAS ISSUED REGISTRY IDENTIFICATION CARDS. INDIVIDUAL IDENTI-
FYING INFORMATION OBTAINED BY THE DEPARTMENT UNDER THIS TITLE SHALL BE
CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC
OFFICERS LAW. NOTWITHSTANDING THIS SUBDIVISION, THE DEPARTMENT MAY NOTI-
FY ANY APPROPRIATE LAW ENFORCEMENT AGENCY OF INFORMATION RELATING TO ANY
VIOLATION OR SUSPECTED VIOLATION OF THIS TITLE.
12. THE DEPARTMENT SHALL VERIFY TO LAW ENFORCEMENT PERSONNEL IN AN
APPROPRIATE CASE WHETHER A REGISTRY IDENTIFICATION CARD IS VALID.
13. IF A CERTIFIED PATIENT OR DESIGNATED CAREGIVER WILLFULLY VIOLATES
ANY PROVISION OF THIS TITLE AS DETERMINED BY THE DEPARTMENT, HIS OR HER
REGISTRY IDENTIFICATION CARD MAY BE SUSPENDED OR REVOKED. THIS IS IN
ADDITION TO ANY OTHER PENALTY THAT MAY APPLY.
14. (A) REGISTRY IMPLEMENTATION DATE. AS USED IN THIS SUBDIVISION, THE
"REGISTRY IMPLEMENTATION DATE" IS THE DATE DETERMINED BY THE COMMISSION-
ER WHEN THE DEPARTMENT IS READY TO RECEIVE AND EXPEDITIOUSLY ACT ON
APPLICATIONS FOR REGISTRY IDENTIFICATION CARDS UNDER THIS SECTION.
(B) ON AND AFTER THE REGISTRY IMPLEMENTATION DATE, UPON RECEIPT OF AN
APPLICATION FOR A REGISTRY IDENTIFICATION CARD, THE DEPARTMENT SHALL
SEND TO THE APPLICANT A LETTER ACKNOWLEDGING SUCH RECEIPT. WHILE THE
APPLICATION FOR A REGISTRY IDENTIFICATION CARD IS PENDING, A COPY OF THE
REGISTRY APPLICATION, TOGETHER WITH A COPY OF THE CERTIFICATION (IN THE
CASE OF A CERTIFIED PATIENT) AND A COPY OF THE LETTER OF RECEIPT FROM
THE DEPARTMENT, SHALL SERVE AS AND HAVE THE SAME EFFECT AS A REGISTRY
IDENTIFICATION CARD FOR THE CERTIFIED PATIENT OR DESIGNATED CAREGIVER,
PROVIDED THAT A CERTIFICATION AND APPLICATION SHALL NOT SERVE AS A VALID
REGISTRY IDENTIFICATION CARD AFTER THE INITIAL THIRTY DAY PERIOD UNDER
SUBDIVISION SIX OF THIS SECTION. THIS PARAGRAPH SHALL EXPIRE AND HAVE
NO EFFECT ONE YEAR AFTER THE REGISTRY IMPLEMENTATION DATE.
15. IF THE DEPARTMENT FAILS TO BEGIN ISSUING REGISTRY IDENTIFICATION
CARDS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, A
PATIENT'S CERTIFICATION SHALL SERVE AS THE REGISTRY IDENTIFICATION CARD
FOR BOTH THE PATIENT AND THE PATIENT'S DESIGNATED CAREGIVER.
S 3364. REGISTERED ORGANIZATIONS. 1. A REGISTERED ORGANIZATION SHALL
BE:
(A) A FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; OR
(B) A FOR-PROFIT BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION ORGAN-
IZED FOR THE PURPOSE OF ACQUIRING, POSSESSING, MANUFACTURING, SELLING,
DELIVERING, TRANSPORTING, DISTRIBUTING OR DISPENSING MARIHUANA FOR
CERTIFIED MEDICAL USE.
2. THE ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIVERY, TRANSPORT-
ING, DISTRIBUTING OR DISPENSING OF MARIHUANA BY A REGISTERED ORGANIZA-
TION UNDER THIS TITLE IN ACCORDANCE WITH ITS REGISTRATION UNDER SECTION
THIRTY-THREE HUNDRED SIXTY-FIVE OF THIS TITLE OR A RENEWAL THEREOF SHALL
BE LAWFUL UNDER THIS TITLE. A REGISTERED ORGANIZATION MAY TRANSFER
POSSESSION OF MARIHUANA TO, AND MAY RECOVER POSSESSION OF IT FROM, AN
ENTITY LICENSED BY THE DEPARTMENT UNDER SECTION THIRTY-THREE HUNDRED
TWENTY-FOUR OF THIS ARTICLE FOR PURPOSES OF CHEMICAL ANALYSIS.
3. (A) A REGISTERED ORGANIZATION MAY LAWFULLY, IN GOOD FAITH, SELL,
DELIVER, DISTRIBUTE OR DISPENSE MEDICAL MARIHUANA TO A CERTIFIED PATIENT
OR DESIGNATED CAREGIVER UPON PRESENTATION TO THE REGISTERED ORGANIZATION
OF A VALID REGISTRY IDENTIFICATION CARD FOR THAT CERTIFIED PATIENT OR
DESIGNATED CAREGIVER. WHEN PRESENTED WITH THE REGISTRY IDENTIFICATION
CARD, THE REGISTERED ORGANIZATION SHALL PROVIDE TO THE CERTIFIED PATIENT
A. 8558--C 48
OR DESIGNATED CAREGIVER A RECEIPT, WHICH SHALL STATE: THE NAME, ADDRESS,
AND REGISTRY IDENTIFICATION NUMBER OF THE REGISTERED ORGANIZATION; THE
REGISTRY IDENTIFICATION NUMBER OF THE CERTIFIED PATIENT AND THE DESIG-
NATED CAREGIVER (IF ANY); THE DATE THE MARIHUANA WAS SOLD; AND THE QUAN-
TITY OF MARIHUANA SOLD. THE REGISTERED ORGANIZATION SHALL RETAIN A COPY
OF THE REGISTRY IDENTIFICATION CARD AND THE RECEIPT FOR SIX YEARS.
(B) THE REGISTERED ORGANIZATION SHALL REPORT TO THE DEPARTMENT, UNDER
SECTIONS THIRTY-THREE HUNDRED THIRTY-THREE AND THIRTY-THREE HUNDRED
FORTY-THREE-A OF THIS ARTICLE, THE INFORMATION REQUIRED TO BE INCLUDED
IN THE RECEIPT UNDER THIS SUBDIVISION.
4. NO REGISTERED ORGANIZATION MAY SELL, DELIVER, DISTRIBUTE OR
DISPENSE TO ANY CERTIFIED PATIENT OR DESIGNATED CAREGIVER A QUANTITY OF
MEDICAL MARIHUANA LARGER THAN THAT INDIVIDUAL WOULD BE ALLOWED TO
POSSESS UNDER THIS TITLE.
5. WHEN A REGISTERED ORGANIZATION SELLS, DELIVERS, DISTRIBUTES OR
DISPENSES MEDICAL MARIHUANA TO A CERTIFIED PATIENT OR DESIGNATED CARE-
GIVER, IT SHALL PROVIDE TO THAT INDIVIDUAL A SAFETY INSERT, WHICH WILL
BE DEVELOPED AND APPROVED BY THE COMMISSIONER AND INCLUDE, BUT NOT BE
LIMITED TO, INFORMATION ON:
(A) METHODS FOR ADMINISTERING MEDICAL MARIHUANA,
(B) ANY POTENTIAL DANGERS STEMMING FROM THE USE OF MEDICAL MARIHUANA,
AND
(C) HOW TO RECOGNIZE WHAT MAY BE PROBLEMATIC USAGE OF MEDICAL MARIHUA-
NA AND OBTAIN APPROPRIATE SERVICES OR TREATMENT FOR PROBLEMATIC USAGE.
6. MANUFACTURING OF MEDICAL MARIHUANA BY A REGISTERED ORGANIZATION
SHALL ONLY BE DONE IN AN INDOOR, ENCLOSED, SECURE FACILITY, WHICH MAY
INCLUDE A GREENHOUSE.
7. A REGISTERED ORGANIZATION SHALL DETERMINE THE QUALITY, SAFETY, AND
CLINICAL STRENGTH OF MEDICAL MARIHUANA MANUFACTURED OR DISPENSED BY THE
REGISTERED ORGANIZATION, AND SHALL PROVIDE DOCUMENTATION OF THAT QUALI-
TY, SAFETY AND CLINICAL STRENGTH TO THE DEPARTMENT AND TO ANY PERSON OR
ENTITY TO WHICH THE MEDICAL MARIHUANA IS SOLD OR DISPENSED.
8. A REGISTERED ORGANIZATION SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER.
9. MEDICAL MARIHUANA SHALL BE DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER IN A SEALED AND PROPERLY LABELED PACKAGE.
S 3365. REGISTERING OF REGISTERED ORGANIZATIONS. 1. APPLICATION FOR
INITIAL REGISTRATION. (A) AN APPLICANT FOR REGISTRATION AS A REGISTERED
ORGANIZATION UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR OF THIS TITLE
SHALL FURNISH TO THE DEPARTMENT A DESCRIPTION OF THE ACTIVITIES IN WHICH
IT INTENDS TO ENGAGE AS A REGISTERED ORGANIZATION AND ANY INFORMATION
THE DEPARTMENT SHALL REASONABLY REQUIRE AND EVIDENCE THAT THE APPLICANT:
(I) AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARACTER;
(II) POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND, BUILDINGS, AND
OTHER PREMISES (WHICH SHALL BE SPECIFIED IN THE APPLICATION) AND EQUIP-
MENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN THE APPLICATION;
(III) IS ABLE TO MAINTAIN EFFECTIVE SECURITY AND CONTROL TO PREVENT
DIVERSION, ABUSE, AND OTHER ILLEGAL CONDUCT RELATING TO THE MARIHUANA;
(IV) IS ABLE TO COMPLY WITH ALL APPLICABLE STATE LAWS AND REGULATIONS
RELATING TO THE ACTIVITIES IN WHICH IT INTENDS TO ENGAGE UNDER THE
REGISTRATION; AND
(V) HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A BONA-FIDE LABOR
ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR ATTEMPTING TO
REPRESENT THE APPLICANT'S EMPLOYEES. THE MAINTENANCE OF SUCH A LABOR
PEACE AGREEMENT SHALL BE AN ONGOING MATERIAL CONDITION OF CERTIFICATION.
A. 8558--C 49
(B) THE APPLICATION SHALL ESTABLISH THE APPLICANT'S STATUS UNDER PARA-
GRAPH (A) OR (B) OF SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED
SIXTY-FOUR OF THIS TITLE.
(C) THE APPLICATION SHALL INCLUDE THE NAME, RESIDENCE ADDRESS AND
TITLE OF EACH OF THE OFFICERS AND DIRECTORS AND THE NAME AND RESIDENCE
ADDRESS OF ANY PERSON OR ENTITY THAT IS A MEMBER OF THE APPLICANT. EACH
SUCH PERSON, IF AN INDIVIDUAL, OR LAWFUL REPRESENTATIVE IF A LEGAL ENTI-
TY, SHALL SUBMIT AN AFFIDAVIT WITH THE APPLICATION SETTING FORTH:
(I) ANY POSITION OF MANAGEMENT OR OWNERSHIP DURING THE PRECEDING TEN
YEARS OF A TEN PER CENTUM OR GREATER INTEREST IN ANY OTHER BUSINESS,
LOCATED IN OR OUTSIDE THIS STATE, MANUFACTURING OR DISTRIBUTING DRUGS;
(II) WHETHER SUCH PERSON OR ANY SUCH BUSINESS HAS BEEN CONVICTED OF A
FELONY OR HAD A REGISTRATION OR LICENSE SUSPENDED OR REVOKED IN ANY
ADMINISTRATIVE OR JUDICIAL PROCEEDING; AND
(III) SUCH OTHER INFORMATION AS THE COMMISSIONER MAY REASONABLY
REQUIRE.
(D) THE APPLICANT SHALL BE UNDER A CONTINUING DUTY TO REPORT TO THE
DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED IN THE APPLI-
CATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUMSTANCE WHICH
IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
2. GRANTING OF REGISTRATION. (A) THE COMMISSIONER SHALL GRANT A REGIS-
TRATION OR AMENDMENT TO A REGISTRATION UNDER THIS SECTION IF HE OR SHE
IS SATISFIED THAT:
(I) THE APPLICANT WILL BE ABLE TO MAINTAIN EFFECTIVE CONTROL AGAINST
DIVERSION OF MARIHUANA;
(II) THE APPLICANT WILL BE ABLE TO COMPLY WITH ALL APPLICABLE STATE
LAWS;
(III) THE APPLICANT AND ITS OFFICERS ARE READY, WILLING AND ABLE TO
PROPERLY CARRY ON THE MANUFACTURING OR DISTRIBUTING ACTIVITY FOR WHICH A
REGISTRATION IS SOUGHT;
(IV) THE APPLICANT POSSESSES OR HAS THE RIGHT TO USE SUFFICIENT LAND,
BUILDINGS AND EQUIPMENT TO PROPERLY CARRY ON THE ACTIVITY DESCRIBED IN
THE APPLICATION;
(V) IT IS IN THE PUBLIC INTEREST THAT SUCH REGISTRATION BE GRANTED; IN
THE CASE OF AN APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, THE COMMISSIONER MAY CONSIDER WHETHER
THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA WILL BE ADEQUATE OR
EXCESSIVE TO REASONABLY SERVE THE AREA;
(VI) THE APPLICANT AND ITS MANAGING OFFICERS ARE OF GOOD MORAL CHARAC-
TER; AND
(VII) THE APPLICANT HAS ENTERED INTO A LABOR PEACE AGREEMENT WITH A
BONA-FIDE LABOR ORGANIZATION THAT IS ACTIVELY ENGAGED IN REPRESENTING OR
ATTEMPTING TO REPRESENT THE APPLICANT'S EMPLOYEES.
(B) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT SHOULD BE
ISSUED A REGISTRATION, HE OR SHE SHALL NOTIFY THE APPLICANT IN WRITING
OF THOSE FACTORS UPON WHICH FURTHER EVIDENCE IS REQUIRED. WITHIN THIRTY
DAYS OF THE RECEIPT OF SUCH NOTIFICATION, THE APPLICANT MAY SUBMIT ADDI-
TIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING, OR BOTH.
(C) THE FEE FOR A REGISTRATION UNDER THIS SECTION SHALL BE A REASON-
ABLE AMOUNT DETERMINED BY THE DEPARTMENT IN REGULATIONS; PROVIDED,
HOWEVER, IF THE REGISTRATION IS ISSUED FOR A PERIOD GREATER THAN TWO
YEARS THE FEE SHALL BE INCREASED, PRO RATA, FOR EACH ADDITIONAL MONTH OF
VALIDITY.
(D) REGISTRATIONS ISSUED UNDER THIS SECTION SHALL BE EFFECTIVE ONLY
FOR AND SHALL SPECIFY:
(I) THE NAME AND ADDRESS OF THE REGISTERED ORGANIZATION;
A. 8558--C 50
(II) WHICH ACTIVITIES OF A REGISTERED ORGANIZATION ARE PERMITTED BY
THE REGISTRATION;
(III) THE LAND, BUILDINGS AND FACILITIES THAT MAY BE USED FOR THE
PERMITTED ACTIVITIES OF THE REGISTERED ORGANIZATION; AND
(IV) SUCH OTHER MATTERS AS THE COMMISSIONER SHALL REASONABLY PROVIDE
TO ASSURE COMPLIANCE WITH THIS TITLE.
(E) UPON APPLICATION OF A REGISTERED ORGANIZATION, A REGISTRATION MAY
BE AMENDED TO ALLOW THE REGISTERED ORGANIZATION TO RELOCATE WITHIN THE
STATE OR TO ADD OR DELETE PERMITTED REGISTERED ORGANIZATION ACTIVITIES
OR FACILITIES. THE FEE FOR SUCH AMENDMENT SHALL BE TWO HUNDRED FIFTY
DOLLARS.
3. A REGISTRATION ISSUED UNDER THIS SECTION SHALL BE VALID FOR TWO
YEARS FROM THE DATE OF ISSUE, EXCEPT THAT IN ORDER TO FACILITATE THE
RENEWALS OF SUCH REGISTRATIONS, THE COMMISSIONER MAY UPON THE INITIAL
APPLICATION FOR A REGISTRATION, ISSUE SOME REGISTRATIONS WHICH MAY
REMAIN VALID FOR A PERIOD OF TIME GREATER THAN TWO YEARS BUT NOT EXCEED-
ING AN ADDITIONAL ELEVEN MONTHS.
4. APPLICATIONS FOR RENEWAL OF REGISTRATIONS. (A) AN APPLICATION FOR
THE RENEWAL OF ANY REGISTRATION ISSUED UNDER THIS SECTION SHALL BE FILED
WITH THE DEPARTMENT NOT MORE THAN SIX MONTHS NOR LESS THAN FOUR MONTHS
PRIOR TO THE EXPIRATION THEREOF. A LATE-FILED APPLICATION FOR THE
RENEWAL OF A REGISTRATION MAY, IN THE DISCRETION OF THE COMMISSIONER, BE
TREATED AS AN APPLICATION FOR AN INITIAL LICENSE.
(B) THE APPLICATION FOR RENEWAL SHALL INCLUDE SUCH INFORMATION
PREPARED IN THE MANNER AND DETAIL AS THE COMMISSIONER MAY REQUIRE,
INCLUDING BUT NOT LIMITED TO:
(I) ANY MATERIAL CHANGE IN THE CIRCUMSTANCES OR FACTORS LISTED IN
SUBDIVISION ONE OF THIS SECTION; AND
(II) EVERY KNOWN CHARGE OR INVESTIGATION, PENDING OR CONCLUDED DURING
THE PERIOD OF THE REGISTRATION, BY ANY GOVERNMENTAL AGENCY WITH RESPECT
TO:
(A) EACH INCIDENT OR ALLEGED INCIDENT INVOLVING THE THEFT, LOSS, OR
POSSIBLE DIVERSION OF MARIHUANA MANUFACTURED OR DISTRIBUTED BY THE
APPLICANT; AND
(B) COMPLIANCE BY THE APPLICANT WITH THE LAWS OF THE STATE WITH
RESPECT TO ANY SUBSTANCE LISTED IN SECTION THIRTY-THREE HUNDRED SIX OF
THIS ARTICLE.
(C) AN APPLICANT FOR RENEWAL SHALL BE UNDER A CONTINUING DUTY TO
REPORT TO THE DEPARTMENT ANY CHANGE IN FACTS OR CIRCUMSTANCES REFLECTED
IN THE APPLICATION OR ANY NEWLY DISCOVERED OR OCCURRING FACT OR CIRCUM-
STANCE WHICH IS REQUIRED TO BE INCLUDED IN THE APPLICATION.
(D) IF THE COMMISSIONER IS NOT SATISFIED THAT THE APPLICANT IS ENTI-
TLED TO A RENEWAL OF THE REGISTRATION, HE OR SHE SHALL WITHIN FORTY-FIVE
DAYS AFTER THE FILING OF THE APPLICATION SERVE UPON THE APPLICANT OR HIS
OR HER ATTORNEY OF RECORD IN PERSON OR BY REGISTERED OR CERTIFIED MAIL
AN ORDER DIRECTING THE APPLICANT TO SHOW CAUSE WHY HIS OR HER APPLICA-
TION FOR RENEWAL SHOULD NOT BE DENIED. THE ORDER SHALL SPECIFY IN DETAIL
THE RESPECTS IN WHICH THE APPLICANT HAS NOT SATISFIED THE COMMISSIONER
THAT THE REGISTRATION SHOULD BE RENEWED.
(E) WITHIN THIRTY DAYS OF SERVICE OF SUCH ORDER, THE APPLICANT MAY
SUBMIT ADDITIONAL MATERIAL TO THE COMMISSIONER OR DEMAND A HEARING OR
BOTH. IF A HEARING IS DEMANDED THE COMMISSIONER SHALL FIX A DATE FOR
HEARING NOT SOONER THAN FIFTEEN DAYS NOR LATER THAN THIRTY DAYS AFTER
RECEIPT OF THE DEMAND, UNLESS SUCH TIME LIMITATION IS WAIVED BY THE
APPLICANT.
A. 8558--C 51
5. GRANTING OF RENEWAL OF REGISTRATIONS. (A) THE COMMISSIONER SHALL
RENEW A REGISTRATION UNLESS HE OR SHE DETERMINES AND FINDS THAT THE
APPLICANT:
(I) IS UNLIKELY TO MAINTAIN OR BE ABLE TO MAINTAIN EFFECTIVE CONTROL
AGAINST DIVERSION; OR
(II) IS UNLIKELY TO COMPLY WITH ALL STATE LAWS APPLICABLE TO THE
ACTIVITIES IN WHICH IT MAY ENGAGE UNDER THE REGISTRATION;
(III) IS AN APPLICANT UNDER SUBDIVISION ONE OF SECTION THIRTY-THREE
HUNDRED SIXTY-FOUR OF THIS TITLE, IN WHICH CASE THE COMMISSIONER MAY
CONSIDER WHETHER THE NUMBER OF REGISTERED ORGANIZATIONS IN AN AREA IS
ADEQUATE OR EXCESSIVE TO REASONABLY SERVE THE AREA; OR
(IV) HAS EITHER VIOLATED OR TERMINATED ITS LABOR PEACE AGREEMENT.
(B) FOR PURPOSES OF THIS SECTION, PROOF THAT A REGISTERED ORGANIZA-
TION, DURING THE PERIOD OF ITS REGISTRATION, HAS FAILED TO MAINTAIN
EFFECTIVE CONTROL AGAINST DIVERSION OR HAS KNOWINGLY OR NEGLIGENTLY
FAILED TO COMPLY WITH APPLICABLE STATE LAWS RELATING TO THE ACTIVITIES
IN WHICH IT ENGAGES UNDER THE REGISTRATION, SHALL CONSTITUTE SUBSTANTIAL
EVIDENCE THAT THE APPLICANT WILL BE UNLIKELY TO MAINTAIN EFFECTIVE
CONTROL AGAINST DIVERSION OR WILL BE UNLIKELY TO COMPLY WITH THE APPLI-
CABLE STATE STATUTES DURING THE PERIOD OF PROPOSED RENEWAL.
6. THE DEPARTMENT MAY SUSPEND OR TERMINATE THE REGISTRATION OF A
REGISTERED ORGANIZATION, ON GROUNDS AND USING PROCEDURES UNDER THIS
ARTICLE RELATING TO A LICENSE, TO THE EXTENT CONSISTENT WITH THIS TITLE.
THE DEPARTMENT SHALL SUSPEND OR TERMINATE THE REGISTRATION IN THE EVENT
THAT A REGISTERED ORGANIZATION VIOLATES OR TERMINATES THE APPLICABLE
LABOR PEACE AGREEMENT. CONDUCT IN COMPLIANCE WITH THIS TITLE, BUT WHICH
MAY VIOLATE CONFLICTING FEDERAL LAW, SHALL NOT BE GROUNDS TO SUSPEND OR
TERMINATE A REGISTRATION.
7. A REGISTERED ORGANIZATION IS ENTITLED TO ALL OF THE RIGHTS,
PROTECTIONS, AND PROCEDURES PROVIDED TO A LICENSEE UNDER THIS ARTICLE.
8. THE DEPARTMENT SHALL BEGIN ISSUING REGISTRATIONS FOR REGISTERED
ORGANIZATIONS NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION.
9. THE COMMISSIONER SHALL DETERMINE THE APPROPRIATE NUMBER OF REGIS-
TERED ORGANIZATIONS AND FACILITIES TO PROMOTE REASONABLE ACCESS TO
MEDICAL MARIHUANA IN THE INTEREST OF CERTIFIED PATIENTS AND THE PUBLIC.
DURING THE FIRST TWO YEARS AFTER THIS TITLE TAKES EFFECT, THE COMMIS-
SIONER SHALL REGISTER NO MORE THAN TEN REGISTERED ORGANIZATIONS THAT
MANUFACTURE MEDICAL MARIHUANA.
S 3366. REPORTS BY REGISTERED ORGANIZATIONS. 1. THE COMMISSIONER
SHALL, BY REGULATION, REQUIRE EACH REGISTERED ORGANIZATION TO FILE
REPORTS BY THE REGISTERED ORGANIZATION DURING A PARTICULAR PERIOD. THE
COMMISSIONER SHALL DETERMINE THE INFORMATION TO BE REPORTED AND THE
FORMS, TIME, AND MANNER OF THE REPORTING.
2. THE COMMISSIONER SHALL, BY REGULATION, REQUIRE EACH REGISTERED
ORGANIZATION TO ADOPT AND MAINTAIN SECURITY, TRACKING, RECORD KEEPING,
RECORD RETENTION AND SURVEILLANCE SYSTEMS, RELATING TO ALL MEDICAL MARI-
HUANA AT EVERY STAGE OF ACQUIRING, POSSESSION, MANUFACTURE, SALE, DELIV-
ERY, TRANSPORTING, DISTRIBUTING, OR DISPENSING BY THE REGISTERED ORGAN-
IZATION, SUBJECT TO REGULATIONS OF THE COMMISSIONER.
S 3367. EVALUATION; RESEARCH PROGRAMS; REPORT BY DEPARTMENT. 1. THE
COMMISSIONER MAY PROVIDE FOR THE ANALYSIS AND EVALUATION OF THE OPERA-
TION OF THIS TITLE. THE COMMISSIONER MAY ENTER INTO AGREEMENTS WITH ONE
OR MORE PERSONS, NOT-FOR-PROFIT CORPORATIONS OR OTHER ORGANIZATIONS, FOR
THE PERFORMANCE OF AN EVALUATION OF THE IMPLEMENTATION AND EFFECTIVENESS
OF THIS TITLE.
A. 8558--C 52
2. THE DEPARTMENT MAY DEVELOP, SEEK ANY NECESSARY FEDERAL APPROVAL
FOR, AND CARRY OUT RESEARCH PROGRAMS RELATING TO MEDICAL USE OF MARIHUA-
NA. PARTICIPATION IN ANY SUCH RESEARCH PROGRAM SHALL BE VOLUNTARY ON
THE PART OF PRACTITIONERS, PATIENTS, AND DESIGNATED CAREGIVERS.
3. THE DEPARTMENT SHALL REPORT EVERY TWO YEARS, BEGINNING TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS TITLE, TO THE GOVERNOR AND THE LEGISLA-
TURE ON THE MEDICAL USE OF MARIHUANA UNDER THIS TITLE AND MAKE APPROPRI-
ATE RECOMMENDATIONS.
S 3368. RELATION TO OTHER LAWS. 1. THE PROVISIONS OF THIS ARTICLE
SHALL APPLY TO THIS TITLE, EXCEPT THAT WHERE A PROVISION OF THIS TITLE
CONFLICTS WITH ANOTHER PROVISION OF THIS ARTICLE, THIS TITLE SHALL
APPLY.
2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE OR PROHIBIT AN
INSURER OR HEALTH PLAN UNDER THIS CHAPTER OR THE INSURANCE LAW TO
PROVIDE COVERAGE FOR MEDICAL MARIHUANA. NOTHING IN THIS TITLE SHALL BE
CONSTRUED TO REQUIRE COVERAGE FOR MEDICAL MARIHUANA UNDER ARTICLE TWEN-
TY-FIVE OF THIS CHAPTER OR ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
3. A PERSON OR ENTITY SHALL NOT BE SUBJECT TO CRIMINAL OR CIVIL
LIABILITY OR PROFESSIONAL DISCIPLINE FOR ACTING REASONABLY AND IN GOOD
FAITH PURSUANT TO THIS TITLE.
S 3369. PROTECTIONS FOR THE MEDICAL USE OF MARIHUANA. 1. CERTIFIED
PATIENTS, DESIGNATED CAREGIVERS, PRACTITIONERS, REGISTERED ORGANIZATIONS
AND THE EMPLOYEES OF REGISTERED ORGANIZATIONS SHALL NOT BE SUBJECT TO
ARREST, PROSECUTION, OR PENALTY IN ANY MANNER, OR DENIED ANY RIGHT OR
PRIVILEGE, INCLUDING BUT NOT LIMITED TO CIVIL PENALTY OR DISCIPLINARY
ACTION BY A BUSINESS OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR
BUREAU, SOLELY FOR THE CERTIFIED MEDICAL USE OR MANUFACTURE OF MARIHUA-
NA, OR FOR ANY OTHER ACTION OR CONDUCT IN ACCORDANCE WITH THIS TITLE.
STATE OR LOCAL LAW ENFORCEMENT AGENCIES SHALL NOT COOPERATE WITH OR
PROVIDE ASSISTANCE TO THE GOVERNMENT OF THE UNITED STATES OR ANY AGENCY
THEREOF IN ENFORCING THE CONTROLLED SUBSTANCES ACT, 21 U.S.C. S 801 ET.
SEQ., SOLELY FOR ACTIONS AND CONDUCT CONSISTENT WITH THIS TITLE, EXCEPT
AS PURSUANT TO A VALID COURT ORDER.
2. INCIDENTAL AMOUNT OF MARIHUANA. ANY INCIDENTAL AMOUNT OF SEEDS,
STALKS, AND UNUSABLE ROOTS SHALL NOT BE INCLUDED IN THE AMOUNTS SPECI-
FIED IN SUBDIVISION ONE OF SECTION THIRTY-THREE HUNDRED SIXTY-TWO OF
THIS TITLE.
3. SCHOOL, EMPLOYER, OR LANDLORD MAY NOT DISCRIMINATE. A SCHOOL,
EMPLOYER, OR LANDLORD MAY NOT REFUSE TO ENROLL OR EMPLOY OR LEASE TO OR
OTHERWISE PENALIZE A PERSON SOLELY FOR THAT PERSON'S STATUS AS A CERTI-
FIED PATIENT OR DESIGNATED CAREGIVER UNLESS FAILING TO DO SO WOULD PUT
THE SCHOOL, EMPLOYER, OR LANDLORD IN VIOLATION OF FEDERAL LAW OR CAUSE
IT TO LOSE A FEDERAL CONTRACT OR FUNDING.
4. PERSON MAY NOT BE DENIED MEDICAL CARE, INCLUDING ORGAN TRANSPLANT.
FOR THE PURPOSES OF MEDICAL CARE, INCLUDING ORGAN TRANSPLANTS, A
PATIENT'S MEDICAL USE OF MARIHUANA SHALL NOT CONSTITUTE THE USE OF AN
ILLICIT SUBSTANCE AND MAY ONLY BE CONSIDERED WITH RESPECT TO
EVIDENCE-BASED CLINICAL CRITERIA.
5. PERSON MAY NOT BE DENIED CUSTODY OR VISITATION OF MINOR. A PERSON
SHALL NOT BE DENIED CUSTODY OR VISITATION OF A MINOR FOR ACTING IN
ACCORDANCE WITH THIS TITLE UNLESS THE PERSON'S BEHAVIOR IS SUCH THAT IT
CREATES AN UNREASONABLE DANGER TO THE MINOR THAT CAN BE CLEARLY ARTIC-
ULATED AND SUBSTANTIATED.
6. EFFECT OF REGISTRY IDENTIFICATION CARD ISSUED BY ANOTHER JURISDIC-
TION. A REGISTRY IDENTIFICATION CARD, OR ITS EQUIVALENT, THAT IS ISSUED
UNDER THE LAWS OF ANOTHER STATE, DISTRICT, TERRITORY, COMMONWEALTH, OR
A. 8558--C 53
POSSESSION OF THE UNITED STATES THAT ALLOWS THE MEDICAL USE OF MARIHUANA
HAS THE SAME FORCE AND EFFECT AS A REGISTRY IDENTIFICATION CARD ISSUED
BY THE DEPARTMENT, SO LONG AS THE VISITING PATIENT'S CONDITION IS A
SERIOUS CONDITION, AS ATTESTED TO IN WRITING BY A PRACTITIONER. WHERE A
REGISTERED ORGANIZATION DISPENSES MEDICAL MARIHUANA TO A PATIENT UNDER
THIS SUBDIVISION, A COPY OF THE ATTESTATION SHALL BE PROVIDED TO THE
REGISTERED ORGANIZATION.
S 3369-A. REGULATIONS. 1. THE COMMISSIONER SHALL MAKE REGULATIONS TO
IMPLEMENT THIS TITLE.
2. ADVISORY COMMITTEE. THERE IS HEREBY ESTABLISHED IN THE DEPARTMENT
AN ADVISORY COMMITTEE ON MEDICAL USE OF MARIHUANA (THE "ADVISORY COMMIT-
TEE") TO ADVISE THE COMMISSIONER ON MAKING REGULATIONS UNDER THIS TITLE
AND ON ANY MATTERS RELATING TO THE IMPLEMENTATION OF THIS TITLE AS THE
COMMISSIONER SHALL DETERMINE. THE MEMBERS OF THE ADVISORY COMMITTEE AND
ANY SUBCOMMITTEE OF THE ADVISORY COMMITTEE ("SUBCOMMITTEE") SHALL BE
APPOINTED BY THE COMMISSIONER AND INCLUDE BUT NOT BE LIMITED TO: HEALTH
CARE PRACTITIONERS, PATIENTS OR REPRESENTATIVES OF PATIENTS WITH SERIOUS
CONDITIONS, EXPERTS IN THE REGULATION OF CONTROLLED SUBSTANCES FOR
MEDICAL USE, MEDICAL MARIHUANA INDUSTRY PROFESSIONALS AND LAW ENFORCE-
MENT. THE COMMISSIONER MAY ALSO FORM SUBCOMMITTEES OF THE ADVISORY
COMMITTEE. THE COMMISSIONER SHALL FORM A SUBCOMMITTEE TO ADVISE THE
COMMISSIONER ON CLINICAL MATTERS RELATING TO MEDICAL MARIHUANA, THE
MEMBERS OF WHICH SHALL PREDOMINANTLY BE CLINICAL PROFESSIONALS IN APPRO-
PRIATE AREAS OF EXPERTISE AND SHALL ALSO INCLUDE REPRESENTATIVES OF
PATIENTS AND THE GENERAL PUBLIC. MEMBERS OF A SUBCOMMITTEE NEED NOT BE
MEMBERS OF THE ADVISORY COMMITTEE. MEMBERS OF THE ADVISORY COMMITTEE OR
A SUBCOMMITTEE SHALL SERVE AT THE PLEASURE OF THE COMMISSIONER. MEMBERS
OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE MAY RECEIVE REIMBURSEMENT BY
THE DEPARTMENT FOR THEIR REASONABLE AND NECESSARY EXPENSES INCURRED AS
MEMBERS OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE. A PUBLIC EMPLOYEE
MAY BE A MEMBER OF THE ADVISORY COMMITTEE OR A SUBCOMMITTEE.
S 3369-B. SEVERABILITY. IF ANY PROVISION OF THIS TITLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVA-
LIDITY SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS TITLE
WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION,
AND TO THIS END THE PROVISIONS OF THIS TITLE ARE SEVERABLE.
S 42-b. Section 3343-a of the public health law is amended by adding a
new subdivision 8-a to read as follows:
8-A. MEDICAL MARIHUANA. AS USED IN ANY PROVISION OF THIS ARTICLE
RELATING TO THE PRESCRIPTION MONITORING PROGRAM REGISTRY, THE FOLLOWING
TERMS SHALL INCLUDE THE FOLLOWING IN RELATION TO MEDICAL MARIHUANA, IN
ADDITION TO THE MEANING EACH TERM WOULD OTHERWISE HAVE:
(A) "PRESCRIPTION," "PRESCRIBE," AND "PRESCRIBER," INCLUDE, RESPEC-
TIVELY, A CERTIFICATION, THE ISSUING OF A CERTIFICATION, AND A PRACTI-
TIONER UNDER TITLE FIVE-A OF THIS ARTICLE.
(B) "PHARMACY" INCLUDES A REGISTERED ORGANIZATION THAT IS AUTHORIZED
TO DISPENSE MEDICAL MARIHUANA UNDER TITLE FIVE-A OF THIS ARTICLE;
PROVIDED THAT A REGISTERED ORGANIZATION THAT IS NOT A FACILITY LICENSED
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR A PHARMACY UNDER ARTICLE
ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW SHALL NOT BE AUTHORIZED TO
CONSULT THE REGISTRY OR ACCESS PATIENT-SPECIFIC INFORMATION FROM THE
REGISTRY, INCLUDING UNDER SUBDIVISION THREE OF THIS SECTION AND SUBDIVI-
SION TWO OF SECTION THIRTY-THREE HUNDRED SEVENTY-ONE OF THIS ARTICLE,
BUT SHALL REPORT INFORMATION TO THE REGISTRY, INCLUDING UNDER SUBDIVI-
SION FOUR OF SECTION THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE.
A. 8558--C 54
(C) "PATIENT-SPECIFIC INFORMATION," IN RELATION TO MEDICAL MARIHUANA,
SHALL NOT INCLUDE INFORMATION NOT REQUIRED TO BE INCLUDED IN A CERTIF-
ICATION UNDER TITLE FIVE-A OF THIS ARTICLE.
(D) "CONTROLLED SUBSTANCE" INCLUDES MEDICAL MARIHUANA, REGARDLESS OF
WHETHER THE PROVISION IN WHICH THE TERM IS FOUND IS LIMITED TO SCHEDULES
OTHER THAN SCHEDULE I OF SECTION THIRTY-THREE HUNDRED SIX OF THIS ARTI-
CLE.
(E) "MEDICAL MARIHUANA" MEANS MEDICAL MARIHUANA UNDER TITLE FIVE-A OF
THIS ARTICLE.
S 42-c. The tax law is amended by adding a new article 20-B to read as
follows:
ARTICLE 20-B
TAX ON MEDICAL MARIHUANA
SECTION 490. EXCISE TAX ON MEDICAL MARIHUANA.
S 490. EXCISE TAX ON MEDICAL MARIHUANA. 1. ALL DEFINITIONS OF TERMS
APPLICABLE TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW SHALL APPLY TO THIS ARTICLE.
2. THERE IS HEREBY LEVIED AND IMPOSED ON REGISTERED ORGANIZATIONS AN
EXCISE TAX ON ALL MEDICAL MARIHUANA DISPENSED TO A CERTIFIED PATIENT OR
DESIGNATED CAREGIVER. THE EXCISE TAX SHALL BE AT THE RATE OF TEN PERCENT
OF THE RETAIL PRICE OF THE MEDICAL MARIHUANA DISPENSED.
3. SEVEN AND FIVE-TENTHS PERCENT OF THE REVENUE RECEIVED BY THE
DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN WHICH THE MEDICAL MARI-
HUANA WAS MANUFACTURED AND SEVEN AND FIVE-TENTHS PERCENT OF THE REVENUE
RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED TO THE COUNTY IN WHICH
THE MEDICAL MARIHUANA WAS DISPENSED. FOR PURPOSES OF THE PREVIOUS
SENTENCE, THE CITY OF NEW YORK SHALL BE DEEMED TO BE A COUNTY. FIVE
PERCENT OF THE REVENUE RECEIVED BY THE DEPARTMENT SHALL BE TRANSFERRED
TO THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, WHICH SHALL
USE THAT REVENUE FOR ADDITIONAL DRUG ABUSE PREVENTION, COUNSELING AND
TREATMENT SERVICES.
4. A REGISTERED ORGANIZATION THAT DISPENSES MEDICAL MARIHUANA SHALL
PROVIDE TO THE DEPARTMENT INFORMATION ON WHERE THE MEDICAL MARIHUANA WAS
DISPENSED AND WHERE THE MEDICAL MARIHUANA WAS MANUFACTURED. A REGISTERED
ORGANIZATION THAT OBTAINS MARIHUANA FROM ANOTHER REGISTERED ORGANIZATION
SHALL OBTAIN FROM SUCH REGISTERED ORGANIZATION INFORMATION ON WHERE THE
MEDICAL MARIHUANA WAS MANUFACTURED.
5. THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS ARTICLE.
S 42-d. Section 853 of the general business law is amended by adding a
new subdivision 3 to read as follows:
3. THIS ARTICLE SHALL NOT APPLY TO ANY SALE, FURNISHING OR POSSESSION
WHICH IS FOR A LAWFUL PURPOSE UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE
OF THE PUBLIC HEALTH LAW.
S 42-e. Section 221.00 of the penal law, as added by chapter 360 of
the laws of 1977, is amended to read as follows:
S 221.00 Marihuana; definitions.
Unless the context in which they are used clearly otherwise requires,
the terms occurring in this article shall have the same meaning ascribed
to them in article two hundred twenty of this chapter. ANY ACT THAT IS
LAWFUL UNDER TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH
LAW IS NOT A VIOLATION OF THIS ARTICLE.
S 43. Subdivision 6 of section 2807-s of the public health law is
amended by adding a new paragraph (g) to read as follows:
(G) A FURTHER GROSS ANNUAL AMOUNT ALLOCATED TO SUPPORT THE PROVISIONS
OF SUBDIVISION TEN OF THIS SECTION FOR THE PERIOD JANUARY FIRST, TWO
A. 8558--C 55
THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN
SHALL BE ONE HUNDRED TEN MILLION DOLLARS.
S 43-a. Section 2807-s of the public health law is amended by adding a
new subdivision 10 to read as follows:
10. THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A REGIONAL GRADUATE
MEDICAL EDUCATION DEMONSTRATION PROGRAM TO EVALUATE THE ABILITY OF
REGIONAL HEALTH PLANNING ORGANIZATIONS TO ESTABLISH INNOVATIVE FUNDING
MODELS FOR THE SUPPORT OF GRADUATE MEDICAL EDUCATION AND PUBLIC HEALTH
PLANNING ACTIVITIES. UPON APPLICATION, THE COMMISSIONER MAY SELECT ONE
OR MORE HEALTH SYSTEMS AGENCIES ESTABLISHED PURSUANT TO SECTION TWENTY-
NINE HUNDRED FOUR-B OF THIS CHAPTER TO PARTICIPATE IN THIS PROGRAM.
FUNDING FOR THESE DEMONSTRATION PROGRAMS WOULD BE MADE AVAILABLE FROM
THE AMOUNTS ALLOCATED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION SIX OF
THIS SECTION AND SHALL BE DISBURSED AS FOLLOWS:
(A) UP TO FIVE PERCENT SHALL BE MADE AVAILABLE FOR USE IN FUNDING
REGIONAL HEALTH CARE IMPROVEMENT PROJECTS. THE REGIONAL HEALTH PLANNING
ORGANIZATION SHALL DISBURSE SUCH FUNDS IN ACCORDANCE WITH THIS PARA-
GRAPH, OR PURSUANT TO GRANTS MADE BY THE ORGANIZATION IN ACCORDANCE WITH
THIS PARAGRAPH. DISTRIBUTION OF ANY GRANT FUNDS ADMINISTERED BY THE
REGIONAL HEALTH PLANNING ORGANIZATION SHALL BE MADE PURSUANT TO A
MULTI-STAKEHOLDER PROCESS. OF THE FUNDS SET ASIDE FOR THIS PARAGRAPH, AT
LEAST SIXTY PERCENT SHALL BE ALLOCATED FOR A SHARED COMMUNITY HEALTH
INFRASTRUCTURE DESIGNED ON THE BASIS OF COLLABORATIVE COMMUNITY EFFORTS,
INCLUDING COMMUNITY-WIDE PATIENT SAFETY AND QUALITY IMPROVEMENT
PROGRAMS, ELIMINATION OF HEALTH DISPARITIES, AND HEALTH INFORMATION
TECHNOLOGY AND FORTY PERCENT TO FUND THE REGIONAL HEALTH PLANNING ORGAN-
IZATION. THE HEALTH PLANNING ORGANIZATION SHALL MAKE REASONABLE EFFORTS
TO GENERATE MATCHING FUNDS IN THE FORM OF GRANTS, DONATIONS AND OTHER
CONTRIBUTIONS.
(B) UP TO NINETY-FIVE PERCENT SHALL BE DISTRIBUTED TO ALL OF THE
HOSPITALS IN THE SELECTED REGION ENGAGED IN GRADUATE MEDICAL EDUCATION
IN ORDER TO SUPPORT GRADUATE MEDICAL EDUCATION. OF THE FUNDS ALLOCATED
PURSUANT TO THIS PARAGRAPH, NINETY-FIVE PERCENT OF SUCH FUNDING SHALL BE
ALLOCATED PROPORTIONALLY TO EACH OF THE HOSPITALS IN AMOUNTS WHICH
REFLECT EACH HOSPITAL'S CURRENT COSTS FOR GRADUATE MEDICAL EDUCATION,
AND FIVE PERCENT SHALL BE ALLOCATED TO SUPPORT UNREIMBURSED ADMINISTRA-
TIVE AND OTHER GRADUATE MEDICAL EDUCATION RELATED COSTS ALLOCATED IN THE
SAME PROPORTIONS. IN DISTRIBUTING SUCH FUNDS, THE COMMISSIONER SHALL
CONSULT WITH A NOT-FOR-PROFIT AGENCY OR ASSOCIATION THAT HAS BEEN DESIG-
NATED THROUGH A MULTI-STAKEHOLDER PROCESS. CONTINGENT UPON THE APPROVAL
OF THE COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES, THE
FUNDS DISTRIBUTED PURSUANT TO THIS PARAGRAPH SHALL BE CONSIDERED IN LIEU
OF CURRENT FUNDING OF SUCH COSTS AS CURRENTLY INCLUDED IN CLAIMS
PAYMENTS BY PARTICIPATING NON-GOVERNMENTAL THIRD-PARTY PAYORS RESULTING
IN A REDUCTION IN THE AMOUNT PAID BY SUCH THIRD PARTY PAYORS IN AN
AMOUNT EQUAL TO THE AMOUNTS DISTRIBUTED HEREIN. PRIOR TO THE ALLOCATION
OF FUNDS PURSUANT TO THIS PARAGRAPH AND SUBJECT TO THE APPROVAL OF THE
COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES, THE PARTIC-
IPATING HOSPITALS AND SUCH THIRD PARTY PAYORS SHALL DEVELOP A PROCESS
FOR THE DISTRIBUTION OF SUCH FUNDS AND A MECHANISM TO ENSURE THAT THE
REQUIRED REDUCTION OF PAYMENTS BY SUCH THIRD PARTY PAYORS TO THE HOSPI-
TALS OCCURS. THE AFFECTED HOSPITALS AND THE NON-GOVERNMENTAL THIRD PARTY
PAYORS IN THE REGION SHALL JOINTLY SELECT AN INDEPENDENT THIRD PARTY TO
DETERMINE THE REDUCTIONS WHICH SHALL OCCUR FROM PREVIOUSLY NEGOTIATED
RATES FOR CLAIMS PAYMENTS TO SUCH HOSPITALS BY SPECIFIED THIRD-PARTY
PAYORS IN ORDER TO AVOID DUPLICATE FUNDING PURSUANT TO THIS PARAGRAPH.
A. 8558--C 56
S 43-b. By no later than January 1, 2017, the commissioner of health
shall issue a report to evaluate the impact of the distributions made
pursuant to subdivision 10 of section 2807-s of the public health law on
the provision of graduate medical education and the promotion of commu-
nity health. Such evaluation shall also include an accounting of the net
financial impact to participating providers and third party payors, and
shall make recommendations as to whether the provisions of this act
shall be continued beyond its effective date.
S 44. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014; provided,
however, that:
(a) section one of this act shall take effect July 1, 2014;
(b) the amendments to paragraph (d) of subdivision 1 of section 2411
of the public health law made by section five of this act shall take
effect on January 1, 2015;
(c) section twenty-two of this act shall take effect July 1, 2014;
provided, however, that subdivisions 2 and 3 of section 230-e of the
public health law, as added by section twenty-two of this act, shall
take effect January 1, 2016;
(d) sections twenty-three and twenty-four of this act shall take
effect one year after it shall have become a law;
(e) the amendments to subdivisions 1 and 2 of section 461-k of the
social services law made by section thirty-one of this act shall not
affect the expiration of such section and shall be deemed to expire
therewith;
(f) the amendments to section 2807-s of the public health law made by
sections forty-three and forty-three-a of this act shall not affect the
expiration of such section and shall be deemed to expire therewith;
(g) section forty-three-b of this act shall take effect January 1,
2015 and shall expire and be deemed repealed December 31, 2017; and
(h) sections thirty-eight, thirty-eight-a, thirty-eight-b and thirty-
eight-c of this act shall take effect January 1, 2015; provided further
that the commissioner of health is authorized and directed to promulgate
rules and regulations and take all actions necessary and appropriate to
implement the provisions of such sections on such effective date.
PART B
Section 1. Subdivision 5 of section 168 of chapter 639 of the laws of
1996, constituting the New York Health Care Reform Act of 1996, as
amended by section 1 of part C of chapter 59 of the laws of 2011, is
amended to read as follows:
5. sections 2807-c, 2807-j, 2807-s and 2807-t of the public health
law, as amended or as added by this act, shall expire on December 31,
[2014] 2017, and shall be thereafter effective only in respect to any
act done on or before such date or action or proceeding arising out of
such act including continued collections of funds from assessments and
allowances and surcharges established pursuant to sections 2807-c,
2807-j, 2807-s and 2807-t of the public health law, and administration
and distributions of funds from pools established pursuant to sections
2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the public
health law related to patient services provided before December 31,
[2014] 2017, and continued expenditure of funds authorized for programs
and grants until the exhaustion of funds therefor;
A. 8558--C 57
S 2. Subdivision 1 of section 138 of chapter 1 of the laws of 1999,
constituting the New York Health Care Reform Act of 2000, as amended by
section 2 of part C of chapter 59 of the laws of 2011, is amended to
read as follows:
1. sections 2807-c, 2807-j, 2807-s, and 2807-t of the public health
law, as amended by this act, shall expire on December 31, [2014] 2017,
and shall be thereafter effective only in respect to any act done before
such date or action or proceeding arising out of such act including
continued collections of funds from assessments and allowances and
surcharges established pursuant to sections 2807-c, 2807-j, 2807-s and
2807-t of the public health law, and administration and distributions of
funds from pools established pursuant to sections 2807-c, 2807-j,
2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the public
health law, as amended or added by this act, related to patient services
provided before December 31, [2014] 2017, and continued expenditure of
funds authorized for programs and grants until the exhaustion of funds
therefor;
S 3. The opening paragraph, subparagraph (xiv) and (xv) of paragraph
(a), subparagraph (v) of paragraph (c) and paragraph (e) of subdivision
6 of section 2807-s of the public health law, the opening paragraph as
amended by section 4 of part A3 of chapter 62 of the laws of 2003,
subparagraphs (xiv) and (xv) of paragraph (a) as amended by section 5 of
part C of chapter 59 of the laws of 2011, subparagraph (v) of paragraph
(c) as amended by section 5-a of part C of chapter 59 of the laws of
2011 and paragraph (e) as amended by section 6 of part A3 of chapter 62
of the laws of 2003, subparagraphs (i) and (ii) of paragraph (e) as
amended by section 5-b of part C of chapter 59 of the laws of 2011, are
amended to read as follows:
The amount allocated to each region for purposes of calculating the
regional allowance percentage pursuant to this section for each year
during the period January first, nineteen hundred ninety-seven through
December thirty-first, nineteen hundred ninety-nine and the regional
assessments pursuant to section twenty-eight hundred seven-t of this
article for each year during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and for each year on and after January first, two thousand, shall be the
sum of the factors computed in paragraphs (b), (d) and (f) of this
subdivision, IF SUCH FACTORS ARE APPLICABLE TO A GIVEN YEAR, as follows:
(xiv) A gross annual statewide amount for the period January first,
two thousand nine through December thirty-first, two thousand [thirteen]
FOURTEEN, shall be nine hundred forty-four million dollars.
(xv) A gross ANNUAL statewide amount for the period January first, two
thousand [fourteen] FIFTEEN through [March] DECEMBER thirty-first, two
thousand [fourteen] SEVENTEEN, shall be [two hundred thirty-six] ONE
BILLION FORTY-FIVE million dollars.
(v) A further gross ANNUAL statewide amount for the period January
first, two thousand fourteen through [March] DECEMBER thirty-first, two
thousand fourteen, shall be [twenty-two] EIGHTY-NINE million [two
hundred fifty thousand] dollars.
(e) [(i)] A further gross annual statewide amount shall be twelve
million dollars for each period prior to January first, two thousand
[fourteen] FIFTEEN.
[(ii) A further gross statewide amount for the period January first,
two thousand fourteen through March thirty-first, two thousand fourteen
shall be three million dollars.]
A. 8558--C 58
S 4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as added by section 30 of part H of
chapter 59 of the laws of 2011, is amended to read as follows:
(xiii) twenty-three million eight hundred thirty-six thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand [fourteen] SEVENTEEN;
S 5. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
section 2807-j of the public health law, as amended by section 3 of part
C of chapter 59 of the laws of 2011, are amended to read as follows:
(iv) seven hundred sixty-five million dollars annually of the funds
accumulated for the periods January first, two thousand through December
thirty-first, two thousand [thirteen] SIXTEEN, and
(v) one hundred ninety-one million two hundred fifty thousand dollars
of the funds accumulated for the period January first, two thousand
[fourteen] SEVENTEEN through March thirty-first, two thousand [fourteen]
SEVENTEEN.
S 6. Section 34 of part A3 of chapter 62 of the laws of 2003 amending
the general business law and other laws relating to enacting major
components necessary to implement the state fiscal plan for the 2003-04
state fiscal year, as amended by section 4 of part C of chapter 59 of
the laws of 2011, is amended to read as follows:
S 34. (1) Notwithstanding any inconsistent provision of law, rule or
regulation and effective April 1, 2008 through March 31, [2014] 2017,
the commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year, those funds collected
and accumulated pursuant to section 2807-v of the public health law,
including income from invested funds, for the purpose of payment for
administrative costs of the department of health related to adminis-
tration of statutory duties for the collections and distributions
authorized by section 2807-v of the public health law.
(2) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year, those funds collected
and accumulated and interest earned through surcharges on payments for
health care services pursuant to section 2807-s of the public health law
and from assessments pursuant to section 2807-t of the public health law
for the purpose of payment for administrative costs of the department of
health related to administration of statutory duties for the collections
and distributions authorized by sections 2807-s, 2807-t, and 2807-m of
the public health law.
(3) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with the provisions of
paragraph (a) of subdivision 1 of section 2807-l of the public health
law for the purposes of payment for administrative costs of the depart-
ment of health related to the child health insurance plan program
authorized pursuant to title 1-A of article 25 of the public health law
A. 8558--C 59
into the special revenue funds - other, health care reform act (HCRA)
resources fund - 061, child health insurance account, established within
the department of health.
(4) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with the provisions of
paragraph (e) of subdivision 1 of section 2807-l of the public health
law for the purpose of payment for administrative costs of the depart-
ment of health related to the health occupation development and work-
place demonstration program established pursuant to section 2807-h and
the health workforce retraining program established pursuant to section
2807-g of the public health law into the special revenue funds - other,
health care reform act (HCRA) resources fund - 061, health occupation
development and workplace demonstration program account, established
within the department of health.
(5) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds allocated pursuant to paragraph (j) of subdivision 1 of section
2807-v of the public health law for the purpose of payment for adminis-
trative costs of the department of health related to administration of
the state's tobacco control programs and cancer services provided pursu-
ant to sections 2807-r and 1399-ii of the public health law into such
accounts established within the department of health for such purposes.
(6) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, the funds
authorized for distribution in accordance with the provisions of section
2807-l of the public health law for the purposes of payment for adminis-
trative costs of the department of health related to the programs funded
pursuant to section 2807-l of the public health law into the special
revenue funds - other, health care reform act (HCRA) resources fund -
061, pilot health insurance account, established within the department
of health.
(7) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with the provisions of
subparagraph (ii) of paragraph (f) of subdivision 19 of section 2807-c
of the public health law from monies accumulated and interest earned in
the bad debt and charity care and capital statewide pools through an
assessment charged to general hospitals pursuant to the provisions of
subdivision 18 of section 2807-c of the public health law and those
funds authorized for distribution in accordance with the provisions of
section 2807-l of the public health law for the purposes of payment for
administrative costs of the department of health related to programs
funded under section 2807-l of the public health law into the special
revenue funds - other, health care reform act (HCRA) resources fund -
061, primary care initiatives account, established within the department
of health.
A. 8558--C 60
(8) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with section 2807-l of
the public health law for the purposes of payment for administrative
costs of the department of health related to programs funded under
section 2807-l of the public health law into the special revenue funds -
other, health care reform act (HCRA) resources fund - 061, health care
delivery administration account, established within the department of
health.
(9) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2014] 2017, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the
public health law and section 367-i of the social services law and for
distribution in accordance with the provisions of subdivision 9 of
section 2807-j of the public health law for the purpose of payment for
administration of statutory duties for the collections and distributions
authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
and 3614-b of the public health law and section 367-i of the social
services law into the special revenue funds - other, health care reform
act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
S 7. Section 2807-l of the public health law, as amended by section 7
of part C of chapter 59 of the laws of 2011, is amended to read as
follows:
S 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
lated in the health care initiatives pools pursuant to paragraph (b) of
subdivision nine of section twenty-eight hundred seven-j of this arti-
cle, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following periods in
the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
A. 8558--C 61
(v) from the pool for the period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period January first, two thousand two
through December thirty-first, two thousand two, three hundred twenty-
four million dollars;
(vii) from the pool for the period January first, two thousand three
through December thirty-first, two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(viii) from the pool for the period January first, two thousand four
through December thirty-first, two thousand four, up to four hundred
sixty million nine hundred thousand dollars;
(ix) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand five, up to one
hundred fifty-three million eight hundred thousand dollars;
(x) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(xi) from the health care reform act (HCRA) resources fund for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight million fifty-nine
thousand dollars;
(xii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December thirty-first,
two thousand ten, up to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars;
(xiv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million seven hundred
forty-four thousand dollars;
(xv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six million four hundred
forty-four thousand dollars; [and]
(xvi) from the health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through March thirty-first,
two thousand fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars[.]; AND
(XVII) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR EACH
STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN, WITHIN AMOUNTS APPROPRIATED.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover-
age act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
A. 8558--C 62
(i) (A) an amount not to exceed six million dollars on an annualized
basis for the periods January first, nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up to six
million dollars for the period January first, two thousand through
December thirty-first, two thousand; up to five million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one; up to four million dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
up to two million six hundred thousand dollars for the period January
first, two thousand three through December thirty-first, two thousand
three; up to one million three hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four; up to six hundred seventy thousand dollars for the period
January first, two thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars for the period
April first, two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through March thirty-first,
two thousand nine, shall be allocated to individual subsidy programs;
and
(B) an amount not to exceed seven million dollars on an annualized
basis for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the periods January first, two
thousand through December thirty-first, two thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million dollars for
the period January first, two thousand four through December thirty-
first, two thousand four, and two million dollars for the period January
first, two thousand five through June thirtieth, two thousand five shall
be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance partnership program
as in effect prior to June thirtieth, two thousand three, voucher
program as in effect prior to December thirty-first, two thousand one,
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and accumu-
lated from year to year from the pool for the period January first,
nineteen hundred ninety-seven through December thirty-first, nineteen
hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year
to year from the pools for the periods January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight and January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up to eighty-four million
A. 8558--C 63
dollars shall be reserved and accumulated from year to year from the
pools for the period January first, two thousand through December thir-
ty-first, two thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to eighty-six million dollars shall be reserved and accumu-
lated from year to year from the pools for the period January first, two
thousand two through December thirty-first, two thousand two, up to
eighty-six million one hundred fifty thousand dollars shall be reserved
and accumulated from year to year from the pools for the period January
first, two thousand three through December thirty-first, two thousand
three, up to fifty-eight million seven hundred eighty thousand dollars
shall be reserved and accumulated from year to year from the pools for
the period January first, two thousand four through December thirty-
first, two thousand four, up to sixty-eight million seven hundred thirty
thousand dollars shall be reserved and accumulated from year to year
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
mulated from year to year from the health care reform act (HCRA)
resources fund for the period January first, two thousand six through
December thirty-first, two thousand six, up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, up to fifty-five million six hundred
eighty-nine thousand dollars annually shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand eight through December thir-
ty-first, two thousand ten, up to thirteen million nine hundred twenty-
two thousand dollars shall be reserved and accumulated from year to year
from the health care reform act (HCRA) resources fund for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and for periods on and after April first, two thousand
eleven [through March thirty-first, two thousand fourteen], up to fund-
ing amounts specified below and shall be available, including income
from invested funds, for:
(i) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for purposes
of services and expenses related to general hospital based grant
programs, up to twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to ten million dollars for the
period January first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the period January
first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
A. 8558--C 64
thousand ten, up to five million five hundred twenty-four thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to thirteen million four hundred
forty-five thousand dollars for the period April first, two thousand
eleven through March thirty-first, two thousand twelve, and up to thir-
teen million three hundred seventy-five thousand dollars each state
fiscal year for the period April first, two thousand twelve through
March thirty-first, two thousand fourteen;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the emergency medical services training
account established in section ninety-seven-q of the state finance law
or the health care reform act (HCRA) resources fund, whichever is appli-
cable, up to sixteen million dollars on an annualized basis for the
periods January first, nineteen hundred ninety-seven through December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
for the period January first, two thousand through December thirty-
first, two thousand, up to twenty-one million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to twenty-two million dollars for the period January first,
two thousand two through December thirty-first, two thousand two, up to
twenty-two million five hundred fifty thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three, up to nine million six hundred eighty thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four, up to twelve million one hundred thirty
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to twenty-four million two
hundred fifty thousand dollars for the period January first, two thou-
sand six through December thirty-first, two thousand six, up to twenty
million four hundred ninety-two thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million one hundred twenty-three thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to eighteen million three hundred
fifty thousand dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve, up to eighteen million
nine hundred fifty thousand dollars for the period April first, two
thousand twelve through March thirty-first, two thousand thirteen, [and]
up to nineteen million four hundred nineteen thousand dollars for the
period April first, two thousand thirteen through March thirty-first,
two thousand fourteen, AND UP TO NINETEEN MILLION SIX HUNDRED SIXTY
THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD OF APRIL FIRST,
TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
SEVENTEEN;
(iii) priority distributions by the commissioner up to thirty-two
million dollars on an annualized basis for the period January first, two
thousand through December thirty-first, two thousand four, up to thir-
ty-eight million dollars on an annualized basis for the period January
first, two thousand five through December thirty-first, two thousand
six, up to eighteen million two hundred fifty thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to three million dollars annually for the period
January first, two thousand eight through December thirty-first, two
thousand ten, up to seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
A. 8558--C 65
sand eleven, [and] up to two million nine hundred thousand dollars each
state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, AND UP TO TWO MILLION
NINE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND SEVENTEEN to be allocated (A) for the purposes established pursuant
to subparagraph (ii) of paragraph (f) of subdivision nineteen of section
twenty-eight hundred seven-c of this article as in effect on December
thirty-first, nineteen hundred ninety-six and as may thereafter be
amended, up to fifteen million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand four, up
to twenty-one million dollars annually for the period January first, two
thousand five through December thirty-first, two thousand six, and up to
seven million five hundred thousand dollars for the period January
first, two thousand seven through March thirty-first, two thousand
seven;
(B) pursuant to a memorandum of understanding entered into by the
commissioner, the majority leader of the senate and the speaker of the
assembly, for the purposes outlined in such memorandum upon the recom-
mendation of the majority leader of the senate, up to eight million
five hundred thousand dollars annually for the period January first, two
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, and for
the purposes outlined in such memorandum upon the recommendation of the
speaker of the assembly, up to eight million five hundred thousand
dollars annually for the periods January first, two thousand through
December thirty-first, two thousand six, and up to four million two
hundred fifty thousand dollars for the period January first, two thou-
sand seven through June thirtieth, two thousand seven; and
(C) for services and expenses, including grants, related to emergency
assistance distributions as designated by the commissioner. Notwith-
standing section one hundred twelve or one hundred sixty-three of the
state finance law or any other contrary provision of law, such distrib-
utions shall be limited to providers or programs where, as determined by
the commissioner, emergency assistance is vital to protect the life or
safety of patients, to ensure the retention of facility caregivers or
other staff, or in instances where health facility operations are jeop-
ardized, or where the public health is jeopardized or other emergency
situations exist, up to three million dollars annually for the period
April first, two thousand seven through March thirty-first, two thousand
eleven, [and] up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, AND UP TO TWO MILLION NINE
HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
SEVENTEEN. Upon any distribution of such funds, the commissioner shall
immediately notify the chair and ranking minority member of the senate
finance committee, the assembly ways and means committee, the senate
committee on health, and the assembly committee on health;
(iv) distributions by the commissioner related to poison control
centers pursuant to subdivision seven of section twenty-five hundred-d
of this chapter, up to five million dollars for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an annual-
ized basis for the periods during the period January first, nineteen
A. 8558--C 66
hundred ninety-eight through December thirty-first, nineteen hundred
ninety-nine, up to five million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand two, up
to four million six hundred thousand dollars annually for the periods
January first, two thousand three through December thirty-first, two
thousand four, up to five million one hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand six annually, up to five million one hundred thousand
dollars annually for the period January first, two thousand seven
through December thirty-first, two thousand nine, up to three million
six hundred thousand dollars for the period January first, two thousand
ten through December thirty-first, two thousand ten, up to seven hundred
seventy-five thousand dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, [and] up to two
million five hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, AND UP TO THREE MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN; and
(v) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, miscellaneous special revenue fund - 339 maternal and
child HIV services account or the health care reform act (HCRA)
resources fund, whichever is applicable, for purposes of a special
program for HIV services for women and children, including adolescents
pursuant to section twenty-five hundred-f-one of [the public health law]
THIS CHAPTER, up to five million dollars annually for the periods Janu-
ary first, two thousand through December thirty-first, two thousand two,
up to five million dollars for the period January first, two thousand
three through December thirty-first, two thousand three, up to two
million five hundred thousand dollars for the period January first, two
thousand four through December thirty-first, two thousand four, up to
two million five hundred thousand dollars for the period January first,
two thousand five through December thirty-first, two thousand five, up
to five million dollars for the period January first, two thousand six
through December thirty-first, two thousand six, up to five million
dollars annually for the period January first, two thousand seven
through December thirty-first, two thousand ten, up to one million two
hundred fifty thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, and up to
five million dollars each state fiscal year for the period April first,
two thousand eleven through March thirty-first, two thousand fourteen;
(d) (i) An amount of up to twenty million dollars annually for the
period January first, two thousand through December thirty-first, two
thousand six, up to ten million dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, up to
twenty million dollars annually for the period January first, two thou-
sand eight through December thirty-first, two thousand ten, up to five
million dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, [and] up to nineteen
million six hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, AND UP TO NINETEEN MILLION SIX HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be
A. 8558--C 67
transferred to the health facility restructuring pool established pursu-
ant to section twenty-eight hundred fifteen of this article;
(ii) provided, however, amounts transferred pursuant to subparagraph
(i) of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from the federal
government under the state's 1115 waiver which is directed under its
terms and conditions to the health facility restructuring program.
(e) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to organizations to support the health workforce
retraining program established pursuant to section twenty-eight hundred
seven-g of this article from the respective health care initiatives
pools established for the following periods in the following amounts
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, during the period January first, nineteen
hundred ninety-seven through December thirty-first, nineteen hundred
ninety-nine, up to fifty million dollars on an annualized basis, up to
thirty million dollars for the period January first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December thirty-
first, two thousand one, up to fifty million dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two, up to forty-one million one hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three, up to forty-one million one hundred fifty
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to fifty-eight million
three hundred sixty thousand dollars for the period January first, two
thousand five through December thirty-first, two thousand five, up to
fifty-two million three hundred sixty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six, up to thirty-five million four hundred thousand dollars annu-
ally for the period January first, two thousand seven through December
thirty-first, two thousand ten, up to eight million eight hundred fifty
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, [and] up to twenty-
eight million four hundred thousand dollars each state fiscal year for
the period April first, two thousand eleven through March thirty-first,
two thousand fourteen, AND UP TO TWENTY-SIX MILLION EIGHT HUNDRED SEVEN-
TEEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,
TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVEN-
TEEN, less the amount of funds available for allocations for rate
adjustments for workforce training programs for payments by state
governmental agencies for inpatient hospital services.
(f) Funds shall be accumulated and transferred from as follows:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
(A) thirty-four million six hundred thousand dollars shall be trans-
ferred to funds reserved and accumulated pursuant to paragraph (b) of
subdivision nineteen of section twenty-eight hundred seven-c of this
article, and (B) eighty-two million dollars shall be transferred and
deposited and credited to the credit of the state general fund medical
assistance local assistance account;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, eighty-two million dollars shall be transferred and deposited and
A. 8558--C 68
credited to the credit of the state general fund medical assistance
local assistance account;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million dollars shall be transferred and deposited and cred-
ited to the credit of the state general fund medical assistance local
assistance account;
(iv) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand through December thirty-first, two thousand four, eighty-two
million dollars annually, and for the period January first, two thousand
five through December thirty-first, two thousand five, eighty-two
million dollars, and for the period January first, two thousand six
through December thirty-first, two thousand six, eighty-two million
dollars, and for the period January first, two thousand seven through
December thirty-first, two thousand seven, eighty-two million dollars,
and for the period January first, two thousand eight through December
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other, HCRA transfer fund,
medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January first, two thousand ten
through December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, one hundred forty-six million four hundred
thousand dollars, shall be deposited by the commissioner, and the state
comptroller is hereby authorized and directed to receive for deposit, to
the credit of the state special revenue fund - other, HCRA transfer
fund, medical assistance account.
(g) Funds shall be transferred to primary health care services pools
created by the commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools for the following periods in the following
percentage amounts of funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
A. 8558--C 69
pools established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with para-
graphs (a) through (f) of this subdivision and shall be available for
distributions as follows:
(i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(B) from the pool for the period January first, nineteen hundred nine-
ty-eight through December thirty-first, nineteen hundred ninety-eight,
six and thirty-five-hundredths percent; and
(C) from the pool for the period January first, nineteen hundred nine-
ty-nine through December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(ii) funds shall be available for distributions including income from
invested funds as follows:
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any funds
remaining or unallocated for distributions for the primary care practi-
tioner scholarship program in accordance with section nine hundred four
of this chapter.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for distrib-
utions in accordance with section twenty-nine hundred fifty-two and
section twenty-nine hundred fifty-eight of this chapter for rural health
care delivery development and rural health care access development,
respectively, from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable,
for the following periods in the following percentage amounts of funds
remaining after allocations in accordance with paragraphs (a) through
(f) of this subdivision, and for periods on and after January first, two
thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirteen and forty-nine-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars annu-
ally, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
A. 8558--C 70
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, [and] for the period January
first, two thousand five through December thirty-first, two thousand
five, up to nineteen million two hundred thousand dollars, [and] for the
period January first, two thousand six through December thirty-first,
two thousand six, up to nineteen million two hundred thousand dollars,
for the period January first, two thousand seven through December thir-
ty-first, two thousand ten, up to eighteen million one hundred fifty
thousand dollars annually, for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, up to four
million five hundred thirty-eight thousand dollars, [and] for each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, up to sixteen million two
hundred thousand dollars, AND UP TO SIXTEEN MILLION TWO HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions related to health information and health care quality
improvement pursuant to former section twenty-eight hundred seven-n of
this article from the respective health care initiatives pools estab-
lished for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, six and thirty-five-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
(k) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for allo-
cations and distributions in accordance with section twenty-eight
hundred seven-p of this article for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision, and for periods on and after January
first, two thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirty-eight and one-tenth percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirty-eight and one-tenth percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, forty-eight million dollars
annually, and for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
A. 8558--C 71
(v) (A) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first, two thousand
three through December thirty-first, two thousand three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to twelve million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand thirteen, up to forty-eight million
dollars annually, [and] for the period January first, two thousand four-
teen through March thirty-first, two thousand fourteen, up to twelve
million dollars AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, UP TO FORTY-EIGHT
MILLION DOLLARS ANNUALLY;
(B) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, an additional seven million five hundred thousand
dollars, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand thirteen, an additional seven million
five hundred thousand dollars annually, [and] for the period January
first, two thousand fourteen through March thirty-first, two thousand
fourteen, an additional one million eight hundred seventy-five thousand
dollars, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, AN ADDITIONAL SEVEN MILLION
FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for voluntary non-profit diagnos-
tic and treatment center uncompensated care in accordance with subdivi-
sion four-c of section twenty-eight hundred seven-p of this article; and
(vi) funds reserved and accumulated pursuant to this paragraph for
periods on and after July first, two thousand three, shall be deposited
by the commissioner, within amounts appropriated, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made pursuant to section twenty-eight hundred seven-p
of this article, provided, however, that in the event federal financial
participation is not available for rate adjustments made pursuant to
paragraph (b) of subdivision one of section twenty-eight hundred seven-p
of this article, funds shall be distributed pursuant to paragraph (a) of
subdivision one of section twenty-eight hundred seven-p of this article
from the respective health care initiatives pools or the health care
reform act (HCRA) resources fund, whichever is applicable.
(l) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for transfer to and allocation for services and expenses for the
payment of benefits to recipients of drugs under the AIDS drug assist-
ance program (ADAP) - HIV uninsured care program as administered by
Health Research Incorporated from the respective health care initi-
atives pools or the health care reform act (HCRA) resources fund, which-
ever is applicable, established for the following periods in the follow-
ing percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
nine and fifty-two-hundredths percent;
A. 8558--C 72
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, nine and fifty-two-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine,
nine and sixty-eight-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, up to twelve million dollars
annually, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty million dollars;
and
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the periods January first, two thousand
four through December thirty-first, two thousand four, up to fifty-six
million dollars, for the period January first, two thousand five through
December thirty-first, two thousand six, up to sixty million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand ten, up to sixty million dollars
annually, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to fifteen million dollars,
[and] each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, up to forty-
two million three hundred thousand dollars AND UP TO FORTY-TWO MILLION
THREE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND SEVENTEEN.
(m) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions pursuant to section twenty-eight hundred seven-r of
this article for cancer related services from the respective health care
initiatives pools or the health care reform act (HCRA) resources fund,
whichever is applicable, established for the following periods in the
following percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
seven and ninety-four-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, seven and ninety-four-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
(v) from the pool for the period January first, two thousand three
through December thirty-first, two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
(vi) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
A. 8558--C 73
sand ten, up to nineteen million dollars annually, and for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to four million seven hundred fifty thousand dollars.
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section shall be reserved and accumulated from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other, miscellaneous special revenue
fund - 339, child health insurance account or any successor fund or
account, for purposes of distributions to implement the child health
insurance program established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for periods on and
after January first, two thousand one; provided, however, funds reserved
and accumulated for priority distributions pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall not be
transferred and deposited into such account pursuant to this subdivi-
sion; and provided further, however, that any unused or uncommitted pool
funds accumulated and allocated pursuant to paragraph (j) of subdivision
one of this section shall be distributed for purposes of the health
information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section shall not be
included in gross revenue received for purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of this article, subject to the provisions of paragraph (e) of subdivi-
sion eighteen of section twenty-eight hundred seven-c of this article,
and shall not be included in gross revenue received for purposes of the
assessments pursuant to section twenty-eight hundred seven-d of this
article, subject to the provisions of subdivision twelve of section
twenty-eight hundred seven-d of this article.
S 8. Section 2807-v of the public health law, as amended by section 5
of part B of chapter 58 of the laws of 2008, subdivision 1 as amended by
section 8 of part C of chapter 59 of the laws of 2011, clause (K) of
subparagraph (i) of paragraph (bb) of subdivision 1 as amended by
section 35-a, subparagraph (xi) of paragraph (cc) of subdivision 1 as
amended by section 35-b and subparagraph (vii) of paragraph (ccc) of
subdivision 1 as amended by section 35-c of part D of chapter 56 of the
laws of 2012, paragraph (fff) of subdivision 1 as separately amended by
section 16 of part A of chapter 59 of the laws of 2011, and paragraph
(iii) of subdivision 1 as added by section 52-b of part H of chapter 59
of the laws of 2011, is amended to read as follows:
A. 8558--C 74
S 2807-v. Tobacco control and insurance initiatives pool distrib-
utions. 1. Funds accumulated in the tobacco control and insurance
initiatives pool or in the health care reform act (HCRA) resources fund
established pursuant to section ninety-two-dd of the state finance law,
whichever is applicable, including income from invested funds, shall be
distributed or retained by the commissioner or by the state comptroller,
as applicable, in accordance with the following:
(a) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of services and expenses related to the toll-free medicaid
fraud hotline established pursuant to section one hundred eight of chap-
ter one of the laws of nineteen hundred ninety-nine from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: four hundred thousand dollars annually
for the periods January first, two thousand through December thirty-
first, two thousand two, up to four hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three, up to four hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four, up to four hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five, up to four hundred thousand dollars for the period January first,
two thousand six through December thirty-first, two thousand six, up to
four hundred thousand dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven, up to four
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to four
hundred thousand dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, up to four hundred
thousand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten, up to one hundred thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven and within amounts appropriated on and
after April first, two thousand eleven.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of payment of audits or audit contracts necessary to determine payor and
provider compliance with requirements set forth in sections twenty-eight
hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred
seven-t of this article from the tobacco control and insurance initi-
atives pool established for the following periods in the following
amounts: five million six hundred thousand dollars annually for the
periods January first, two thousand through December thirty-first, two
thousand two, up to five million dollars for the period January first,
two thousand three through December thirty-first, two thousand three, up
to five million dollars for the period January first, two thousand four
through December thirty-first, two thousand four, up to five million
dollars for the period January first, two thousand five through December
thirty first, two thousand five, up to five million dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, up to seven million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and up to eight million three hundred twen-
A. 8558--C 75
ty-five thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to eight
million five hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
eight million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten,
up to two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through March thirty-first, two
thousand eleven, [and] up to fourteen million seven hundred thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, AND UP TO
FOURTEEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(c) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, enhanced community services
account, or any successor fund or account, for mental health services
programs for case management services for adults and children; supported
housing; home and community based waiver services; family based treat-
ment; family support services; mobile mental health teams; transitional
housing; and community oversight, established pursuant to articles seven
and forty-one of the mental hygiene law and subdivision nine of section
three hundred sixty-six of the social services law; and for comprehen-
sive care centers for eating disorders pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, provided however
that, for such centers, funds in the amount of five hundred thousand
dollars on an annualized basis shall be transferred from the enhanced
community services account, or any successor fund or account, and depos-
ited into the fund established by section ninety-five-e of the state
finance law; from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-eight million dollars to be reserved, to be retained or for
distribution pursuant to a chapter of the laws of two thousand, for the
period January first, two thousand through December thirty-first, two
thousand;
(ii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand one,
for the period January first, two thousand one through December thirty-
first, two thousand one;
(iii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand two,
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) eighty-eight million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand
three, for the period January first, two thousand three through December
thirty-first, two thousand three;
(v) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
A. 8558--C 76
(vi) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand five, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(vii) eighty-eight million dollars, plus five hundred thousand
dollars, to be reserved, to be retained or for distribution pursuant to
a chapter of the laws of two thousand six, and pursuant to FORMER
section twenty-seven hundred ninety-nine-l of this chapter, for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) eighty-six million four hundred thousand dollars, plus five
hundred thousand dollars, to be reserved, to be retained or for distrib-
ution pursuant to a chapter of the laws of two thousand seven and pursu-
ant to the former section twenty-seven hundred ninety-nine-l of this
chapter, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand seven; and
(ix) twenty-two million nine hundred thirteen thousand dollars, plus
one hundred twenty-five thousand dollars, to be reserved, to be retained
or for distribution pursuant to a chapter of the laws of two thousand
eight and pursuant to the former section twenty-seven hundred ninety-
nine-l of this chapter, for the period January first, two thousand eight
through March thirty-first, two thousand eight.
(d) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two, for administration and marketing costs associated with such program
established pursuant to clause (A) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) twenty-seven million dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
(iii) fifty-seven million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(e) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two for administration and marketing costs associated with such program
established pursuant to clause (B) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
A. 8558--C 77
(i) two million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) thirty million five hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one; and
(iii) sixty-six million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(f) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of payment of administrative expenses of the department related
to the family health plus program established pursuant to section three
hundred sixty-nine-ee of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: five hundred thousand dollars on an
annual basis for the periods January first, two thousand through Decem-
ber thirty-first, two thousand six, five hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and five hundred thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight, five hundred thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, five hundred thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, one
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven and
within amounts appropriated on and after April first, two thousand elev-
en.
(g) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the health maintenance organization
direct pay market program established pursuant to sections forty-three
hundred twenty-one-a and forty-three hundred twenty-two-a of the insur-
ance law from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to thirty-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(ii) up to thirty-six million dollars for the period January first,
two thousand one through December thirty-first, two thousand one of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iii) up to thirty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
A. 8558--C 78
(iv) up to forty million dollars for the period January first, two
thousand three through December thirty-first, two thousand three of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(v) up to forty million dollars for the period January first, two
thousand four through December thirty-first, two thousand four of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vi) up to forty million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vii) up to forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand six of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
(viii) up to forty million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law;
and
(ix) up to forty million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight of
which fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law.
(h) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York individual
program established pursuant to sections four thousand three hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to six million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(ii) up to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to five million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
A. 8558--C 79
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York group program
established pursuant to sections four thousand three hundred twenty-six
and four thousand three hundred twenty-seven of the insurance law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty-four million dollars for the period January first,
two thousand one through December thirty-first, two thousand one;
(ii) up to seventy-seven million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to ten million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
subdivision, the commissioner shall reserve and accumulate up to two
million five hundred thousand dollars annually for the periods January
first, two thousand four through December thirty-first, two thousand
six, one million four hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, two million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, from funds
otherwise available for distribution under such paragraphs for the
services and expenses related to the pilot program for entertainment
industry employees included in subsection (b) of section one thousand
one hundred twenty-two of the insurance law, and an additional seven
hundred thousand dollars annually for the periods January first, two
thousand four through December thirty-first, two thousand six, an addi-
tional three hundred thousand dollars for the period January first, two
A. 8558--C 80
thousand seven through June thirtieth, two thousand seven for services
and expenses related to the pilot program for displaced workers included
in subsection (c) of section one thousand one hundred twenty-two of the
insurance law.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the tobacco use prevention and
control program established pursuant to sections thirteen hundred nine-
ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to forty million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) up to forty million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to eighty-one million nine hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to support costs associated with cancer research;
(viii) up to ninety-four million one hundred fifty thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, provided, however, that within amounts
appropriated, a portion of such funds may be transferred to the Roswell
Park Cancer Institute Corporation to support costs associated with
cancer research;
(ix) up to ninety-four million one hundred fifty thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(x) up to ninety-four million one hundred fifty thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(xi) up to eighty-seven million seven hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
(xii) up to twenty-one million four hundred twelve thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven; [and]
(xiii) up to fifty-two million one hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen; AND
(XIV) UP TO EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
A. 8558--C 81
(k) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes of services and expenses
related to public health programs, including comprehensive care centers
for eating disorders pursuant to the former section twenty-seven hundred
ninety-nine-l of this chapter, provided however that, for such centers,
funds in the amount of five hundred thousand dollars on an annualized
basis shall be transferred from the health care services account, or any
successor fund or account, and deposited into the fund established by
section ninety-five-e of the state finance law for periods prior to
March thirty-first, two thousand eleven, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) up to thirty-one million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty-one million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-one million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) one hundred twenty-two million five hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) one hundred eight million five hundred seventy-five thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand four through December thirty-first, two
thousand four;
(vi) ninety-one million eight hundred thousand dollars, plus an addi-
tional five hundred thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) one hundred fifty-six million six hundred thousand dollars, plus
an additional five hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six;
(viii) one hundred fifty-one million four hundred thousand dollars,
plus an additional five hundred thousand dollars, for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(ix) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(x) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand nine through December thirty-first, two
thousand nine;
(xi) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand ten through December thirty-first, two
thousand ten;
(xii) twenty-nine million two hundred thirty-seven thousand two
hundred fifty dollars, plus an additional one hundred twenty-five thou-
sand dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
A. 8558--C 82
(xiii) one hundred twenty million thirty-eight thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve; and
(xiv) one hundred nineteen million four hundred seven thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand fourteen.
(l) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the personal care and certified home health agency rate or fee
increases established pursuant to subdivision three of section three
hundred sixty-seven-o of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) twenty-three million two hundred thousand dollars for the period
January first, two thousand through December thirty-first, two thousand;
(ii) twenty-three million two hundred thousand dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one;
(iii) twenty-three million two hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(vi) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to sixteen million three hundred thousand dollars for the
period January first, two thousand eight through March thirty-first, two
thousand eight.
(m) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to home care workers insurance
pilot demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
A. 8558--C 83
(ii) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one;
(iii) three million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to three million eight hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) up to three million eight hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(vi) up to three million eight hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to three million eight hundred thousand dollars for the peri-
od January first, two thousand six through December thirty-first, two
thousand six;
(viii) up to three million eight hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to nine hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(n) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the special revenue funds - other, miscellaneous
special revenue fund - 339, elderly pharmaceutical insurance coverage
program premium account authorized pursuant to the provisions of title
three of article two of the elder law, or any successor fund or account,
for funding state expenses relating to the program from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) one hundred seven million dollars for the period January first,
two thousand through December thirty-first, two thousand;
(ii) one hundred sixty-four million dollars for the period January
first, two thousand one through December thirty-first, two thousand one;
(iii) three hundred twenty-two million seven hundred thousand dollars
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) four hundred thirty-three million three hundred thousand dollars
for the period January first, two thousand three through December thir-
ty-first, two thousand three;
(v) five hundred four million one hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) five hundred sixty-six million eight hundred thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five;
(vii) six hundred three million one hundred fifty thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(viii) six hundred sixty million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
A. 8558--C 84
(ix) three hundred sixty-seven million four hundred sixty-three thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight;
(x) three hundred thirty-four million eight hundred twenty-five thou-
sand dollars for the period January first, two thousand nine through
December thirty-first, two thousand nine;
(xi) three hundred forty-four million nine hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(xii) eighty-seven million seven hundred eighty-eight thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
(xiii) one hundred forty-three million one hundred fifty thousand
dollars for the period April first, two thousand eleven through March
thirty-first, two thousand twelve;
(xiv) one hundred twenty million nine hundred fifty thousand dollars
for the period April first, two thousand twelve through March thirty-
first, two thousand thirteen; [and]
(xv) one hundred twenty-eight million eight hundred fifty thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen[.]; AND
(XVI) UP TO ONE HUNDRED TWENTY-EIGHT MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(o) Funds shall be reserved and accumulated and shall be transferred
to the Roswell Park Cancer Institute Corporation, from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) up to ninety million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to sixty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-five million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) eighty-five million two hundred fifty thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) seventy-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) seventy-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) ninety-one million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventy-eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(ix) seventy-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) seventy-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) seventy-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) nineteen million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; [and]
A. 8558--C 85
(xiii) sixty-nine million eight hundred forty thousand dollars each
state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen[.]; AND
(XIV) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(p) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, indigent care fund - 068, indigent care account,
or any successor fund or account, for purposes of providing a medicaid
disproportionate share payment from the high need indigent care adjust-
ment pool established pursuant to section twenty-eight hundred seven-w
of this article, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) eighty-two million dollars annually for the periods January first,
two thousand through December thirty-first, two thousand two;
(ii) up to eighty-two million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
(iii) up to eighty-two million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(iv) up to eighty-two million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eighty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to eighty-two million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(vii) up to eighty-two million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
(viii) up to eighty-two million dollars for the period January first,
two thousand nine through December thirty-first, two thousand nine;
(ix) up to eighty-two million dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten;
(x) up to twenty million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) up to eighty-two million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
(q) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing distributions to eligible school based health centers
established pursuant to section eighty-eight of chapter one of the laws
of nineteen hundred ninety-nine, from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) seven million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
(ii) up to seven million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
(iii) up to seven million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(iv) up to seven million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to seven million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
A. 8558--C 86
(vi) up to seven million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to seven million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to seven million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to seven million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to one million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven; [and]
(xi) up to five million six hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen[.]; AND
(XII) UP TO FIVE MILLION THREE HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(r) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of providing distributions for supplemen-
tary medical insurance for Medicare part B premiums, physicians
services, outpatient services, medical equipment, supplies and other
health services, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-three million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) sixty-one million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(iii) sixty-five million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) sixty-seven million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) sixty-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) sixty-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) sixty-eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventeen million five hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(ix) sixty-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) sixty-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) sixty-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) seventeen million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven; and
(xiii) sixty-eight million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
A. 8558--C 87
(s) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of providing distributions pursuant to
paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million dollars for the period January first, two thou-
sand through December thirty-first, two thousand;
(ii) twenty-four million dollars annually for the periods January
first, two thousand one through December thirty-first, two thousand two;
(iii) up to twenty-four million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
(iv) up to twenty-four million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(v) up to twenty-four million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(vi) up to twenty-four million dollars for the period January first,
two thousand six through December thirty-first, two thousand six;
(vii) up to twenty-four million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(viii) up to twenty-four million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
and
(ix) up to twenty-two million dollars for the period January first,
two thousand nine through November thirtieth, two thousand nine.
(t) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be made available, including income from invested
funds:
(i) For the purpose of making grants to a state owned and operated
medical school which does not have a state owned and operated hospital
on site and available for teaching purposes. Notwithstanding sections
one hundred twelve and one hundred sixty-three of the state finance law,
such grants shall be made in the amount of up to five hundred thousand
dollars for the period January first, two thousand through December
thirty-first, two thousand;
(ii) For the purpose of making grants to medical schools pursuant to
section eighty-six-a of chapter one of the laws of nineteen hundred
ninety-nine in the sum of up to four million dollars for the period
January first, two thousand through December thirty-first, two thousand;
and
(iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of
this paragraph from the tobacco control and insurance initiatives pool
are contingent upon meeting all funding amounts established pursuant to
paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
and (s) of this subdivision, paragraph (a) of subdivision nine of
section twenty-eight hundred seven-j of this article, and paragraphs
(a), (i) and (k) of subdivision one of section twenty-eight hundred
seven-l of this article.
(u) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
A. 8558--C 88
share of services and expenses related to the nursing home quality
improvement demonstration program established pursuant to section twen-
ty-eight hundred eight-d of this article from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) up to twenty-five million dollars for the period beginning April
first, two thousand two and ending December thirty-first, two thousand
two, and on an annualized basis, for each annual period thereafter
beginning January first, two thousand three and ending December thirty-
first, two thousand four;
(ii) up to eighteen million seven hundred fifty thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five; and
(iii) up to fifty-six million five hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six.
(v) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the hospital excess liability pool created pursu-
ant to section eighteen of chapter two hundred sixty-six of the laws of
nineteen hundred eighty-six, or any successor fund or account, for
purposes of expenses related to the purchase of excess medical malprac-
tice insurance and the cost of administrating the pool, including costs
associated with the risk management program established pursuant to
section forty-two of part A of chapter one of the laws of two thousand
two required by paragraph (a) of subdivision one of section eighteen of
chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
as may be amended from time to time, from the tobacco control and insur-
ance initiatives pool established for the following periods in the
following amounts:
(i) up to fifty million dollars or so much as is needed for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to seventy-six million seven hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(iii) up to sixty-five million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(iv) up to sixty-five million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to one hundred thirteen million eight hundred thousand dollars
for the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) up to one hundred thirty million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) up to one hundred thirty million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(viii) up to one hundred thirty million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(ix) up to one hundred thirty million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(x) up to thirty-two million five hundred thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven; [and]
A. 8558--C 89
(xi) up to one hundred twenty-seven million four hundred thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen[.]; AND
(XII) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(w) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the treatment of breast and cervical cancer pursuant to para-
graph (v) of subdivision four of section three hundred sixty-six of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods in the following amounts:
(i) up to four hundred fifty thousand dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
(ii) up to two million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to two million one hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to two million one hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to two million one hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) up to two million one hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million one hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million one hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million one hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) up to five hundred twenty-five thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; [and]
(xi) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen[.]; AND
(XII) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(x) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the non-public general hospital rates increases for recruitment
A. 8558--C 90
and retention of health care workers from the tobacco control and insur-
ance initiatives pool established for the following periods in the
following amounts:
(i) twenty-seven million one hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) fifty million eight hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixty-nine million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) sixty-nine million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) sixty-nine million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) sixty-five million three hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) sixty-one million one hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight; and
(viii) forty-eight million seven hundred twenty-one thousand dollars
for the period January first, two thousand nine through November thirti-
eth, two thousand nine.
(y) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public general hospitals for recruitment and retention of
health care workers pursuant to paragraph (b) of subdivision thirty of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) fifty-two million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) fifty-two million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) forty-nine million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) forty-nine million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight; and
(viii) twelve million two hundred fifty thousand dollars for the peri-
od January first, two thousand nine through March thirty-first, two
thousand nine.
A. 8558--C 91
Provided, however, amounts pursuant to this paragraph may be reduced
in an amount to be approved by the director of the budget to reflect
amounts received from the federal government under the state's 1115
waiver which are directed under its terms and conditions to the health
workforce recruitment and retention program.
(z) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the non-public residential health care facility rate increases
for recruitment and retention of health care workers pursuant to para-
graph (a) of subdivision eighteen of section twenty-eight hundred eight
of this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) twenty-one million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-three million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) forty-six million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) forty-six million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) forty-six million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) thirty million nine hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) twenty-four million seven hundred thousand dollars for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(ix) nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten; and
(x) two million three hundred twenty-five thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(aa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public residential health care facilities for recruitment
and retention of health care workers pursuant to paragraph (b) of subdi-
vision eighteen of section twenty-eight hundred eight of this article
from the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(i) seven million five hundred thousand dollars on an annualized basis
for the period January first, two thousand two through December thirty-
first, two thousand two;
A. 8558--C 92
(ii) eleven million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixteen million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(vi) ten million eight hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) six million seven hundred fifty thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight; and
(viii) one million three hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine.
(bb)(i) Funds shall be deposited by the commissioner, within amounts
appropriated, and subject to the availability of federal financial
participation, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which include a city with a population of over
one million persons and computed and distributed in accordance with
memorandums of understanding to be entered into between the state of New
York and such local social service districts for the purpose of support-
ing the recruitment and retention of personal care service workers or
any worker with direct patient care responsibility, from the tobacco
control and insurance initiatives pool established for the following
periods and the following amounts:
(A) forty-four million dollars, on an annualized basis, for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(B) seventy-four million dollars, on an annualized basis, for the
period January first, two thousand three through December thirty-first,
two thousand three;
(C) one hundred four million dollars, on an annualized basis, for the
period January first, two thousand four through December thirty-first,
two thousand four;
(D) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(E) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand six through December thirty-
first, two thousand six;
(F) one hundred thirty-six million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
A. 8558--C 93
(G) one hundred thirty-six million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(H) one hundred thirty-six million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(I) one hundred thirty-six million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(J) thirty-four million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven; [and]
(K) up to one hundred thirty-six million dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen[.]; AND
(L) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN THROUGH
APRIL FIRST, TWO THOUSAND SEVENTEEN.
(ii) Adjustments to Medicaid rates made pursuant to this paragraph
shall not, in aggregate, exceed the following amounts for the following
periods:
(A) for the period April first, two thousand two through December
thirty-first, two thousand two, one hundred ten million dollars;
(B) for the period January first, two thousand three through December
thirty-first, two thousand three, one hundred eighty-five million
dollars;
(C) for the period January first, two thousand four through December
thirty-first, two thousand four, two hundred sixty million dollars;
(D) for the period January first, two thousand five through December
thirty-first, two thousand five, three hundred forty million dollars;
(E) for the period January first, two thousand six through December
thirty-first, two thousand six, three hundred forty million dollars;
(F) for the period January first, two thousand seven through December
thirty-first, two thousand seven, three hundred forty million dollars;
(G) for the period January first, two thousand eight through December
thirty-first, two thousand eight, three hundred forty million dollars;
(H) for the period January first, two thousand nine through December
thirty-first, two thousand nine, three hundred forty million dollars;
(I) for the period January first, two thousand ten through December
thirty-first, two thousand ten, three hundred forty million dollars;
(J) for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, eighty-five million dollars; [and]
(K) for each state fiscal year within the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, three
hundred forty million dollars[.]; AND
(L) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO
THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN,
THREE HUNDRED FORTY MILLION DOLLARS.
(iii) Personal care service providers which have their rates adjusted
pursuant to this paragraph shall use such funds for the purpose of
recruitment and retention of non-supervisory personal care services
workers or any worker with direct patient care responsibility only and
are prohibited from using such funds for any other purpose. Each such
personal care services provider shall submit, at a time and in a manner
to be determined by the commissioner, a written certification attesting
that such funds will be used solely for the purpose of recruitment and
retention of non-supervisory personal care services workers or any work-
er with direct patient care responsibility. The commissioner is author-
A. 8558--C 94
ized to audit each such provider to ensure compliance with the written
certification required by this subdivision and shall recoup any funds
determined to have been used for purposes other than recruitment and
retention of non-supervisory personal care services workers or any work-
er with direct patient care responsibility. Such recoupment shall be in
addition to any other penalties provided by law.
(cc) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which shall not include a city with a popu-
lation of over one million persons for the purpose of supporting the
personal care services worker recruitment and retention program as
established pursuant to section three hundred sixty-seven-q of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods and the following amounts:
(i) two million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) five million six hundred thousand dollars, on an annualized
basis, for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eight million four hundred thousand dollars, on an annualized
basis, for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand five through December
thirty-first, two thousand five;
(v) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(viii) eleven million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten;
(x) two million eight hundred thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven; [and]
(xi) up to eleven million two hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen[.]; AND
(XII) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
A. 8558--C 95
(dd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods in
the following amounts:
(i) up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(ii) eighty-one million two hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) eighty-five million two hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) eighty-five million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) eighty-five million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) twenty-one million three hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) eighty-five million two hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen.
(ee) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of the free-standing diagnostic and treatment center rate increases for
recruitment and retention of health care workers pursuant to subdivision
seventeen of section twenty-eight hundred seven of this article from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million two hundred fifty thousand dollars for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(ii) three million two hundred fifty thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
A. 8558--C 96
(iii) three million two hundred fifty thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) three million two hundred fifty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) three million two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) three million two hundred fifty thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(viii) two million four hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and
(x) three hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(ff) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for disabled persons as authorized pursuant to
FORMER subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) one million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) sixteen million four hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eighteen million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) thirty million six hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) fifteen million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(viii) fifteen million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(ix) fifteen million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten;
A. 8558--C 97
(x) three million seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; [and]
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen[.]; AND
(XII) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND SEVENTEEN.
(gg) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) up to three million two hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) up to five million six hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) up to eight million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to eight million six hundred thousand dollars on an annualized
basis for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to two million six hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million six hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million six hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million six hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
(x) up to six hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(hh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the special revenue
fund - other, HCRA transfer fund, medical assistance account for
purposes of providing financial assistance to residential health care
facilities pursuant to subdivisions nineteen and twenty-one of section
twenty-eight hundred eight of this article, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) for the period April first, two thousand two through December
thirty-first, two thousand two, ten million dollars;
A. 8558--C 98
(ii) for the period January first, two thousand three through December
thirty-first, two thousand three, nine million four hundred fifty thou-
sand dollars;
(iii) for the period January first, two thousand four through December
thirty-first, two thousand four, nine million three hundred fifty thou-
sand dollars;
(iv) up to fifteen million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to fifteen million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to fifteen million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to fifteen million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to fifteen million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to fifteen million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to three million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven; and
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen.
(ii) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of Medicaid expenditures for disabled persons as authorized
by sections 1619 (a) and (b) of the federal social security act pursuant
to the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(i) six million four hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) eight million five hundred thousand dollars, for the period Janu-
ary first, two thousand three through December thirty-first, two thou-
sand three;
(iii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(iv) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) eight million five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) eight million six hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(viii) eight million five hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
A. 8558--C 99
(ix) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten;
(x) two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through March thirty-first, two
thousand eleven; [and]
(xi) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen[.]; AND
(XII) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(jj) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purposes of a grant program to improve access to infertility services,
treatments and procedures, from the tobacco control and insurance initi-
atives pool established for the period January first, two thousand two
through December thirty-first, two thousand two in the amount of nine
million one hundred seventy-five thousand dollars, for the period April
first, two thousand six through March thirty-first, two thousand seven
in the amount of five million dollars, for the period April first, two
thousand seven through March thirty-first, two thousand eight in the
amount of five million dollars, for the period April first, two thousand
eight through March thirty-first, two thousand nine in the amount of
five million dollars, and for the period April first, two thousand nine
through March thirty-first, two thousand ten in the amount of five
million dollars, for the period April first, two thousand ten through
March thirty-first, two thousand eleven in the amount of two million two
hundred thousand dollars, and for the period April first, two thousand
eleven through March thirty-first, two thousand twelve up to one million
one hundred thousand dollars.
(kk) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medical Assistance Program expenditures from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) thirty-eight million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to two hundred ninety-five million dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to four hundred seventy-two million dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to nine hundred million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eight hundred sixty-six million three hundred thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to six hundred sixteen million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
A. 8558--C 100
(vii) up to five hundred seventy-eight million nine hundred twenty-
five thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight; and
(viii) within amounts appropriated on and after January first, two
thousand nine.
(ll) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medicaid expenditures related to the city of New York from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) eighty-two million seven hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) one hundred twenty-four million six hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(iii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four;
(iv) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(v) one hundred twenty-four million seven hundred thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand eight through December thir-
ty-first, two thousand eight;
(viii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(ix) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(x) thirty-one million one hundred seventy-five thousand dollars for
the period January first, two thousand eleven through March thirty-
first, two thousand eleven; and
(xi) one hundred twenty-four million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen.
(mm) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding specified
percentages of the state share of services and expenses related to the
family health plus program in accordance with the following schedule:
(i) (A) for the period January first, two thousand three through
December thirty-first, two thousand four, one hundred percent of the
state share;
A. 8558--C 101
(B) for the period January first, two thousand five through December
thirty-first, two thousand five, seventy-five percent of the state
share; and,
(C) for periods beginning on and after January first, two thousand
six, fifty percent of the state share.
(ii) Funding for the family health plus program will include up to
five million dollars annually for the period January first, two thousand
three through December thirty-first, two thousand six, up to five
million dollars for the period January first, two thousand seven through
December thirty-first, two thousand seven, up to seven million two
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to seven
million two hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
seven million two hundred thousand dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten, up to
one million eight hundred thousand dollars for the period January first,
two thousand eleven through March thirty-first, two thousand eleven, up
to six million forty-nine thousand dollars for the period April first,
two thousand eleven through March thirty-first, two thousand twelve, up
to six million two hundred eighty-nine thousand dollars for the period
April first, two thousand twelve through March thirty-first, two thou-
sand thirteen, and up to six million four hundred sixty-one thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, for administration and marketing
costs associated with such program established pursuant to clauses (A)
and (B) of subparagraph (v) of paragraph (a) of subdivision two of
section three hundred sixty-nine-ee of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(A) one hundred ninety million six hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(B) three hundred seventy-four million dollars for the period January
first, two thousand four through December thirty-first, two thousand
four;
(C) five hundred thirty-eight million four hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(D) three hundred eighteen million seven hundred seventy-five thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(E) four hundred eighty-two million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(F) five hundred seventy million twenty-five thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(G) six hundred ten million seven hundred twenty-five thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(H) six hundred twenty-seven million two hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
A. 8558--C 102
(I) one hundred fifty-seven million eight hundred seventy-five thou-
sand dollars for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(J) six hundred twenty-eight million four hundred thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve;
(K) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand twelve through March thirty-first, two
thousand thirteen; [and]
(L) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand thirteen through March thirty-first,
two thousand fourteen[.]; AND
(M) UP TO ONE HUNDRED FIFTY-SIX MILLION THREE HUNDRED THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(nn) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes related to adult home
initiatives for medicaid eligible residents of residential facilities
licensed pursuant to section four hundred sixty-b of the social services
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to four million dollars for the period January first, two thou-
sand three through December thirty-first, two thousand three;
(ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
(iii) up to eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(iv) up to eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, provided,
however, that up to five million two hundred fifty thousand dollars of
such funds shall be received by the comptroller and deposited to the
credit of the special revenue fund - other / aid to localities, HCRA
transfer fund - 061, enhanced community services account - 05, or any
successor fund or account, for the purposes set forth in this paragraph;
(v) up to eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(vi) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
A. 8558--C 103
(vii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand nine through December thirty-first,
two thousand nine;
(viii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand ten through December thirty-first,
two thousand ten; and
(ix) up to six hundred eighty-eight thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(oo) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of this
article from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to five million dollars on an annualized basis for the period
January first, two thousand four through December thirty-first, two
thousand four;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; [and]
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(vii) up to five million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
(viii) up to one million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(pp) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the provision of tax credits for long term care
insurance pursuant to subdivision one of section one hundred ninety of
the tax law, paragraph (a) of subdivision twenty-five-a of section two
hundred ten of such law, subsection (aa) of section six hundred six of
such law, paragraph one of subsection (k) of section fourteen hundred
fifty-six of such law and paragraph one of subdivision (m) of section
fifteen hundred eleven of such law, in the following amounts:
(i) ten million dollars for the period January first, two thousand
four through December thirty-first, two thousand four;
(ii) ten million dollars for the period January first, two thousand
five through December thirty-first, two thousand five;
(iii) ten million dollars for the period January first, two thousand
six through December thirty-first, two thousand six; and
(iv) five million dollars for the period January first, two thousand
seven through June thirtieth, two thousand seven.
(qq) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the long-term care insurance education and
outreach program established pursuant to section two hundred seventeen-a
of the elder law for the following periods in the following amounts:
A. 8558--C 104
(i) up to five million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; of
such funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
A. 8558--C 105
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long-term
care insurance resource centers with the necessary resources to carry
out their operations;
(vii) up to four hundred eighty-eight thousand dollars for the period
January first, two thousand ten through March thirty-first, two thousand
ten; of such funds four hundred eighty-eight thousand dollars shall be
made available to the department for the purpose of developing, imple-
menting and administering the long-term care insurance education and
outreach program.
(rr) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and shall be available, including income
from invested funds, for the purpose of supporting expenses related to
implementation of the provisions of title III of article twenty-nine-D
of this chapter, for the following periods and in the following amounts:
(i) up to ten million dollars for the period January first, two thou-
sand six through December thirty-first, two thousand six;
(ii) up to ten million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven;
(iii) up to ten million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(iv) up to ten million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(v) up to ten million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten; and
(vi) up to two million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(ss) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and used for a health care stabilization
program established by the commissioner for the purposes of stabilizing
critical health care providers and health care programs whose ability to
continue to provide appropriate services are threatened by financial or
other challenges, in the amount of up to twenty-eight million dollars
for the period July first, two thousand four through June thirtieth, two
thousand five. Notwithstanding the provisions of section one hundred
twelve of the state finance law or any other inconsistent provision of
the state finance law or any other law, funds available for distribution
pursuant to this paragraph may be allocated and distributed by the
commissioner, or the state comptroller as applicable without a compet-
itive bid or request for proposal process. Considerations relied upon by
the commissioner in determining the allocation and distribution of these
funds shall include, but not be limited to, the following: (i) the
importance of the provider or program in meeting critical health care
needs in the community in which it operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality
of the care or services the provider or program delivers; (iv) the abil-
ity of the provider or program to continue to deliver an appropriate
level of care or services if additional funding is made available; (v)
the ability of the provider or program to access, in a timely manner,
alternative sources of funding, including other sources of government
A. 8558--C 106
funding; (vi) the ability of other providers or programs in the communi-
ty to meet the community health care needs; (vii) whether the provider
or program has an appropriate plan to improve its financial condition;
and (viii) whether additional funding would permit the provider or
program to consolidate, relocate, or close programs or services where
such actions would result in greater stability and efficiency in the
delivery of needed health care services or programs.
(tt) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing grants for two long term care demonstration projects
designed to test new models for the delivery of long term care services
established pursuant to section twenty-eight hundred seven-x of this
chapter, for the following periods and in the following amounts:
(i) up to five hundred thousand dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(ii) up to five hundred thousand dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(iii) up to five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(iv) up to one million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven; and
(v) up to two hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(uu) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting disease management and telemedicine demonstration
programs authorized pursuant to section twenty-one hundred eleven of
this chapter for the following periods in the following amounts:
(i) five million dollars for the period January first, two thousand
four through December thirty-first, two thousand four, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(ii) five million dollars for the period January first, two thousand
five through December thirty-first, two thousand five, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(iii) nine million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(iv) nine million five hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and one million
dollars shall be available for telemedicine demonstration programs;
(v) nine million five hundred thousand dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(vi) seven million eight hundred thirty-three thousand three hundred
thirty-three dollars for the period January first, two thousand nine
A. 8558--C 107
through December thirty-first, two thousand nine, of which seven million
five hundred thousand dollars shall be available for disease management
demonstration programs and three hundred thirty-three thousand three
hundred thirty-three dollars shall be available for telemedicine demon-
stration programs for the period January first, two thousand nine
through March first, two thousand nine;
(vii) one million eight hundred seventy-five thousand dollars for the
period January first, two thousand ten through March thirty-first, two
thousand ten shall be available for disease management demonstration
programs.
(ww) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for recruitment and
retention of health care workers pursuant to paragraph (e) of subdivi-
sion thirty of section twenty-eight hundred seven-c of this article from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) sixty million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five; and
(ii) sixty million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six.
(xx) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for rural hospitals pursu-
ant to subdivision thirty-two of section twenty-eight hundred seven-c of
this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(iii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(iv) three million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight; and
(v) three million two hundred eight thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(yy) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated and notwithstanding
section one hundred twelve of the state finance law and any other
contrary provision of law, for the purpose of supporting grants not to
exceed five million dollars to be made by the commissioner without a
competitive bid or request for proposal process, in support of the
A. 8558--C 108
delivery of critically needed health care services, to health care
providers located in the counties of Erie and Niagara which executed a
memorandum of closing and conducted a merger closing in escrow on Novem-
ber twenty-fourth, nineteen hundred ninety-seven and which entered into
a settlement dated December thirtieth, two thousand four for a loss on
disposal of assets under the provisions of title XVIII of the federal
social security act applicable to mergers occurring prior to December
first, nineteen hundred ninety-seven.
(zz) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated, for the purpose of
supporting expenditures authorized pursuant to section twenty-eight
hundred eighteen of this article from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) six million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) one hundred eight million three hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated in
the two thousand six through two thousand seven state fiscal year, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to fund capital costs;
(iii) one hundred seventy-one million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, provided, however, that within amounts appropriated in the two
thousand six through two thousand seven state fiscal year, a portion of
such funds may be transferred to the Roswell Park Cancer Institute
Corporation to fund capital costs;
(iv) one hundred seventy-one million five hundred thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(v) one hundred twenty-eight million seven hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
(vi) one hundred thirty-one million three hundred seventy-five thou-
sand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten;
(vii) thirty-four million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first, two thousand eleven through
March thirty-first, two thousand twelve;
(ix) one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March thirty-first,
two thousand thirteen; [and]
(x) seventy-eight million seventy-one thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen[.]; AND
(XI) WITHIN AMOUNTS APPROPRIATED EACH STATE FISCAL YEAR FOR PERIODS ON
AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN.
(aaa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for services
and expenses related to school based health centers, in an amount up to
three million five hundred thousand dollars for the period April first,
A. 8558--C 109
two thousand six through March thirty-first, two thousand seven, up to
three million five hundred thousand dollars for the period April first,
two thousand seven through March thirty-first, two thousand eight, up to
three million five hundred thousand dollars for the period April first,
two thousand eight through March thirty-first, two thousand nine, up to
three million five hundred thousand dollars for the period April first,
two thousand nine through March thirty-first, two thousand ten, up to
three million five hundred thousand dollars for the period April first,
two thousand ten through March thirty-first, two thousand eleven, [and]
up to two million eight hundred thousand dollars each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, AND UP TO TWO MILLION SEVEN HUNDRED THOU-
SAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO
THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
The total amount of funds provided herein shall be distributed as grants
based on the ratio of each provider's total enrollment for all sites to
the total enrollment of all providers. This formula shall be applied to
the total amount provided herein.
(bbb) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of awarding grants to operators of adult homes, enriched housing
programs and residences through the enhancing abilities and life experi-
ence (EnAbLe) program to provide for the installation, operation and
maintenance of air conditioning in resident rooms, consistent with this
paragraph, in an amount up to two million dollars for the period April
first, two thousand six through March thirty-first, two thousand seven,
up to three million eight hundred thousand dollars for the period April
first, two thousand seven through March thirty-first, two thousand
eight, up to three million eight hundred thousand dollars for the period
April first, two thousand eight through March thirty-first, two thousand
nine, up to three million eight hundred thousand dollars for the period
April first, two thousand nine through March thirty-first, two thousand
ten, and up to three million eight hundred thousand dollars for the
period April first, two thousand ten through March thirty-first, two
thousand eleven. Residents shall not be charged utility cost for the use
of air conditioners supplied under the EnAbLe program. All such air
conditioners must be operated in occupied resident rooms consistent with
requirements applicable to common areas.
(ccc) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the rates for certified home health agencies, long
term home health care programs, AIDS home care programs, hospice
programs and managed long term care plans and approved managed long term
care operating demonstrations as defined in section forty-four hundred
three-f of this chapter for recruitment and retention of health care
workers pursuant to subdivisions nine and ten of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) twenty-five million dollars for the period June first, two thou-
sand six through December thirty-first, two thousand six;
(ii) fifty million dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven;
A. 8558--C 110
(iii) fifty million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight;
(iv) fifty million dollars for the period January first, two thousand
nine through December thirty-first, two thousand nine;
(v) fifty million dollars for the period January first, two thousand
ten through December thirty-first, two thousand ten;
(vi) twelve million five hundred thousand dollars for the period Janu-
ary first, two thousand eleven through March thirty-first, two thousand
eleven; [and]
(vii) up to fifty million dollars each state fiscal year for the peri-
od April first, two thousand eleven through March thirty-first, two
thousand fourteen[.]; AND
(VIII) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN.
(ddd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the medical assistance rates for providers for
purposes of enhancing the provision, quality and/or efficiency of home
care services pursuant to subdivision eleven of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following period in the amount of
eight million dollars for the period April first, two thousand six
through December thirty-first, two thousand six.
(eee) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, to the Center
for Functional Genomics at the State University of New York at Albany,
for the purposes of the Adirondack network for cancer education and
research in rural communities grant program to improve access to health
care and shall be made available from the tobacco control and insurance
initiatives pool established for the following period in the amount of
up to five million dollars for the period January first, two thousand
six through December thirty-first, two thousand six.
(fff) Funds shall be made available to the empire state stem cell fund
established by section ninety-nine-p of the state finance law within
amounts appropriated up to fifty million dollars annually and shall not
exceed five hundred million dollars in total.
(ggg) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for hospital translation services as
authorized pursuant to paragraph (k) of subdivision one of section twen-
ty-eight hundred seven-c of this article from the tobacco control and
initiatives pool established for the following periods in the following
amounts:
(i) sixteen million dollars for the period July first, two thousand
eight through December thirty-first, two thousand eight; and
(ii) fourteen million seven hundred thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
A. 8558--C 111
(hhh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for adjustments to inpatient rates of
payment for general hospitals located in the counties of Nassau and
Suffolk as authorized pursuant to paragraph (l) of subdivision one of
section twenty-eight hundred seven-c of this article from the tobacco
control and initiatives pool established for the following periods in
the following amounts:
(i) two million five hundred thousand dollars for the period April
first, two thousand eight through December thirty-first, two thousand
eight; and
(ii) two million two hundred ninety-two thousand dollars for the peri-
od January first, two thousand nine through November thirtieth, two
thousand nine.
(iii) Funds shall be reserved and set aside and accumulated from year
to year and shall be made available, including income from investment
funds, for the purpose of supporting the New York state medical indem-
nity fund as authorized pursuant to title four of article twenty-nine-D
of this chapter, for the following periods and in the following amounts,
provided, however, that the commissioner is authorized to seek waiver
authority from the federal centers for medicare and Medicaid for the
purpose of securing Medicaid federal financial participation for such
program, in which case the funding authorized pursuant to this paragraph
shall be utilized as the non-federal share for such payments:
Thirty million dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve.
2. (a) For periods prior to January first, two thousand five, the
commissioner is authorized to contract with the article forty-three
insurance law plans, or such other contractors as the commissioner shall
designate, to receive and distribute funds from the tobacco control and
insurance initiatives pool established pursuant to this section. In the
event contracts with the article forty-three insurance law plans or
other commissioner's designees are effectuated, the commissioner shall
conduct annual audits of the receipt and distribution of such funds. The
reasonable costs and expenses of an administrator as approved by the
commissioner, not to exceed for personnel services on an annual basis
five hundred thousand dollars, for collection and distribution of funds
pursuant to this section shall be paid from such funds.
(b) Notwithstanding any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any other
law, at the discretion of the commissioner without a competitive bid or
request for proposal process, contracts in effect for administration of
pools established pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-l and twenty-eight hundred seven-m of this
article for the period January first, nineteen hundred ninety-nine
through December thirty-first, nineteen hundred ninety-nine may be
extended to provide for administration pursuant to this section and may
be amended as may be necessary.
S 9. Subdivisions 5-a and 7 of section 2807-m of the public health
law, as added by section 75-c of part C of chapter 58 of the laws of
2008, the paragraph heading of paragraph (b) and the second undesignated
paragraph of paragraph (b) of subdivision 5-a as amended by section 4 of
part B of chapter 109 of the laws of 2010, the opening paragraph of
A. 8558--C 112
paragraph (b), subparagraphs (C), (D) and (G) of paragraph (b), and
paragraphs (c), (f) and (g) of subdivision 5-a as amended by section 26
of part C of chapter 59 of the laws of 2011, subparagraph (H) of para-
graph (b) of subdivision 5-a as added by section 60 of part D of chapter
56 of the laws of 2012, paragraphs (d) and (e) of subdivision 5-a as
amended by section 53 of part D of chapter 56 of the laws of 2012 and
paragraph (e-1) of subdivision 5-a as added by section 54 of part D of
chapter 56 of the laws of 2012, and subdivision 7 as amended by section
26-a of part C of chapter 59 of the laws of 2011, are amended to read as
follows:
5-a. Graduate medical education innovations pool. (a) Supplemental
distributions. (i) Thirty-one million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for distributions pursuant to subdivision five of
this section and in accordance with section 86-1.89 of title 10 of the
codes, rules and regulations of the state of New York as in effect on
January first, two thousand eight; provided, however, for purposes of
funding the empire clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two of
subdivision (f) of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made using
two regions defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars.
(ii) For periods on and after January first, two thousand nine,
supplemental distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the codes, rules
and regulations of the state of New York shall no longer be made and the
provisions of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
(b) Empire clinical research investigator program (ECRIP). Nine
million one hundred twenty thousand dollars annually for the period
January first, two thousand nine through December thirty-first, two
thousand ten, and two million two hundred eighty thousand dollars for
the period January first, two thousand eleven, [and] THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND ELEVEN, nine million one hundred twenty thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, [through March
thirty-first, two thousand eleven,] AND EIGHT MILLION SIX HUNDRED TWENTY
THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO
THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN,
shall be set aside and reserved by the commissioner from the regional
pools established pursuant to subdivision two of this section to be
allocated regionally with two-thirds of the available funding going to
New York city and one-third of the available funding going to the rest
of the state and shall be available for distribution as follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
A. 8558--C 113
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
A. 8558--C 114
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
shall be available to fund clinical research positions in a subsequent
distribution period.
(G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific basis. Such data and
information shall be certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
(II) For each clinical research position, information on the name,
citizenship status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
(III) Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
A. 8558--C 115
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(4) establish the qualifications for investigators and other staff
required for grant projects eligible for ECRIP grant awards; and
(5) establish a methodology for the distribution of funds under ECRIP
grant awards.
(c) Ambulatory care training. Four million nine hundred thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine, four million nine hundred thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten, one million two hundred twenty-five
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, [and] four million
three hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, AND FOUR MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and
reserved by the commissioner from the regional pools established pursu-
ant to subdivision two of this section and shall be available for
distributions to sponsoring institutions to be directed to support clin-
ical training of medical students and residents in free-standing ambula-
tory care settings, including community health centers and private prac-
tices. Such funding shall be allocated regionally with two-thirds of the
available funding going to New York city and one-third of the available
funding going to the rest of the state and shall be distributed to spon-
soring institutions in each region pursuant to a request for application
or request for proposal process with preference being given to sponsor-
ing institutions which provide training in sites located in underserved
rural or inner-city areas and those that include medical students in
such training.
(d) Physician loan repayment program. One million nine hundred sixty
thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight, one million nine
hundred sixty thousand dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine, one million
nine hundred sixty thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, [and] one
million seven hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, AND ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside
A. 8558--C 116
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
purposes of physician loan repayment in accordance with subdivision ten
of this section. Notwithstanding any contrary provision of this section,
sections one hundred twelve and one hundred sixty-three of the state
finance law, or any other contrary provision of law, such funding shall
be allocated regionally with one-third of available funds going to New
York city and two-thirds of available funds going to the rest of the
state and shall be distributed in a manner to be determined by the
commissioner without a competitive bid or request for proposal process
as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians who train in primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians who enter and remain in primary care or specialty practices in
underserved communities, as determined by the commissioner, including
but not limited to physicians working in general hospitals, or other
health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
(e) Physician practice support. Four million nine hundred thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars annually for the period January first, two thousand nine through
December thirty-first, two thousand ten, one million two hundred twen-
ty-five thousand dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, [and] four
million three hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, AND FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
purposes of physician practice support. Notwithstanding any contrary
provision of this section, sections one hundred twelve and one hundred
sixty-three of the state finance law, or any other contrary provision of
law, such funding shall be allocated regionally with one-third of avail-
able funds going to New York city and two-thirds of available funds
going to the rest of the state and shall be distributed in a manner to
be determined by the commissioner without a competitive bid or request
for proposal process as follows:
(i) Preference in funding shall first be accorded to teaching general
hospitals for up to twenty-five awards, to support costs incurred by
physicians trained in primary or specialty tracks who thereafter estab-
lish or join practices in underserved communities, as determined by the
commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to physicians to support
the cost of establishing or joining practices in underserved communi-
ties, as determined by the commissioner, and to hospitals and other
A. 8558--C 117
health care providers to recruit new physicians to provide services in
underserved communities, as determined by the commissioner.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed to general hospitals in
accordance with subparagraphs (i) and (ii) of this paragraph.
(e-1) Work group. For funding available pursuant to paragraphs (d) and
(e) of this subdivision:
(i) The department shall appoint a work group from recommendations
made by associations representing physicians, general hospitals and
other health care facilities to develop a streamlined application proc-
ess by June first, two thousand twelve.
(ii) Subject to available funding, applications shall be accepted on a
continuous basis. The department shall provide technical assistance to
applicants to facilitate their completion of applications. An applicant
shall be notified in writing by the department within ten days of
receipt of an application as to whether the application is complete and
if the application is incomplete, what information is outstanding. The
department shall act on an application within thirty days of receipt of
a complete application.
(f) Study on physician workforce. Five hundred ninety thousand dollars
annually for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand ten, one hundred forty-eight thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, [and] five hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
eleven through March thirty-first, two thousand fourteen, AND FOUR
HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN, shall be set aside and reserved by the commis-
sioner from the regional pools established pursuant to subdivision two
of this section and shall be available to fund a study of physician
workforce needs and solutions including, but not limited to, an analysis
of residency programs and projected physician workforce and community
needs. The commissioner shall enter into agreements with one or more
organizations to conduct such study based on a request for proposal
process.
(g) Diversity in medicine/post-baccalaureate program. Notwithstanding
any inconsistent provision of section one hundred twelve or one hundred
sixty-three of the state finance law or any other law, one million nine
hundred sixty thousand dollars annually for the period January first,
two thousand eight through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, [and] one
million seven hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, AND ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
distributions to the Associated Medical Schools of New York to fund its
diversity program including existing and new post-baccalaureate programs
for minority and economically disadvantaged students and encourage
participation from all medical schools in New York. The associated
medical schools of New York shall report to the commissioner on an annu-
A. 8558--C 118
al basis regarding the use of funds for such purpose in such form and
manner as specified by the commissioner.
(h) In the event there are undistributed funds within amounts made
available for distributions pursuant to this subdivision, such funds may
be reallocated and distributed in current or subsequent distribution
periods in a manner determined by the commissioner for any purpose set
forth in this subdivision.
7. Notwithstanding any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any other
law, up to one million dollars for the period January first, two thou-
sand through December thirty-first, two thousand, one million six
hundred thousand dollars annually for the periods January first, two
thousand one through December thirty-first, two thousand eight, one
million five hundred thousand dollars annually for the periods January
first, two thousand nine through December thirty-first, two thousand
ten, three hundred seventy-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, [and] one million three hundred twenty thousand dollars each
state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, AND UP TO TWO MILLION
ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
SEVENTEEN, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
and shall be available for distributions to the New York state area
health education center program for the purpose of expanding community-
based training of medical students. In addition, one million dollars
annually for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand ten, two hundred fifty thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven, and eight hundred eighty thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
distributions to the New York state area health education center program
for the purpose of post-secondary training of health care professionals
who will achieve specific program outcomes within the New York state
area health education center program. The New York state area health
education center program shall report to the commissioner on an annual
basis regarding the use of funds for each purpose in such form and
manner as specified by the commissioner.
S 10. Paragraph (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 10 of part C of chapter 59 of the
laws of 2011, is amended to read as follows:
(a) For the purpose of regulating cash flow for general hospitals, the
department shall develop and implement a payment methodology to provide
for timely payments for inpatient hospital services eligible for case
based payments per discharge based on diagnosis-related groups provided
during the period January first, nineteen hundred eighty-eight through
March thirty-first two thousand [fourteen] SEVENTEEN, by such hospitals
which elect to participate in the system.
S 11. Section 2 of chapter 600 of the laws of 1986 amending the public
health law relating to the development of pilot reimbursement programs
for ambulatory care services, as amended by section 11 of part C of
chapter 59 of the laws of 2011, is amended to read as follows:
A. 8558--C 119
S 2. This act shall take effect immediately, except that this act
shall expire and be of no further force and effect on and after April 1,
[2014] 2017; provided, however, that the commissioner of health shall
submit a report to the governor and the legislature detailing the objec-
tive, impact, design and computation of any pilot reimbursement program
established pursuant to this act, on or before March 31, 1994 and annu-
ally thereafter. Such report shall include an assessment of the finan-
cial impact of such payment system on providers, as well as the impact
of such system on access to care.
S 12. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of
the laws of 1978, relating to providing for a comprehensive survey of
health care financing, education and illness prevention and creating
councils for the conduct thereof, as amended by section 12 of part C of
chapter 59 of the laws of 2011, is amended to read as follows:
(i) oversight and evaluation of the inpatient financing system in
place for 1988 through March 31, [2014] 2017, and the appropriateness
and effectiveness of the bad debt and charity care financing provisions;
S 13. Intentionally omitted.
S 14. Paragraphs (1) and (m) of subdivision 1 of section 367-q of the
social services law, as amended by section 35 of part D of chapter 56 of
the laws of 2012, are amended and three new paragraphs (n), (o) and (p)
are added to read as follows:
(l) for the period April first, two thousand twelve through March
thirty-first, two thousand thirteen, up to twenty-eight million five
hundred thousand dollars; [and]
(m) for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, up to twenty-eight million five
hundred thousand dollars[.];
(N) FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS;
(O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS; AND
(P) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SEVENTEEN, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS.
S 15. Subdivision 6 of section 2807-t of the public health law, as
added by chapter 639 of the laws of 1996, is amended to read as follows:
6. Prospective adjustments. (A) The commissioner shall annually recon-
cile the sum of the actual payments made to the commissioner or the
commissioner's designee for each region pursuant to section twenty-eight
hundred seven-s of this article and pursuant to this section for the
prior year with the regional allocation of the gross annual statewide
amount specified in subdivision six of section twenty-eight hundred
seven-s of this article for such prior year. The difference between the
actual amount raised for a region and the regional allocation of the
specified gross annual amount for such prior year shall be applied as a
prospective adjustment to the regional allocation of the specified gross
annual payment amount for such region for the year next following the
calculation of the reconciliation. The authorized dollar value of the
adjustments shall be the same as if calculated retrospectively.
(B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
SION, FOR COVERED LIVES ASSESSMENT RATE PERIODS ON AND AFTER JANUARY
FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
SEVENTEEN, FOR AMOUNTS COLLECTED IN THE AGGREGATE IN EXCESS OF ONE
A. 8558--C 120
BILLION FORTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS, PROSPECTIVE
ADJUSTMENTS SHALL BE SUSPENDED IF THE ANNUAL RECONCILIATION CALCULATION
FROM THE PRIOR YEAR WOULD OTHERWISE RESULT IN A DECREASE TO THE REGIONAL
ALLOCATION OF THE SPECIFIED GROSS ANNUAL PAYMENT AMOUNT FOR THAT REGION.
ANY AMOUNTS COLLECTED IN THE AGGREGATE AT OR BELOW ONE BILLION
FORTY-FIVE MILLION DOLLARS ON AN ANNUAL BASIS, SHALL BE SUBJECT TO
REGIONAL ADJUSTMENTS RECONCILING ANY DECREASES OR INCREASES TO THE
REGIONAL ALLOCATION IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVI-
SION.
S 16. Subdivision 4-c of section 2807-p of the public health law, as
amended by section 27 of part C of chapter 59 of the laws of 2011, is
amended to read as follows:
4-c. Notwithstanding any provision of law to the contrary, the commis-
sioner shall make additional payments for uncompensated care to volun-
tary non-profit diagnostic and treatment centers that are eligible for
distributions under subdivision four of this section in the following
amounts: for the period June first, two thousand six through December
thirty-first, two thousand six, in the amount of seven million five
hundred thousand dollars, for the period January first, two thousand
seven through December thirty-first, two thousand seven, seven million
five hundred thousand dollars, for the period January first, two thou-
sand eight through December thirty-first, two thousand eight, seven
million five hundred thousand dollars, for the period January first, two
thousand nine through December thirty-first, two thousand nine, fifteen
million five hundred thousand dollars, for the period January first, two
thousand ten through December thirty-first, two thousand ten, seven
million five hundred thousand dollars, for the period January first, two
thousand eleven though December thirty-first, two thousand eleven, seven
million five hundred thousand dollars, for the period January first, two
thousand twelve through December thirty-first, two thousand twelve,
seven million five hundred thousand dollars, for the period January
first, two thousand thirteen through December thirty-first, two thousand
thirteen, seven million five hundred thousand dollars, FOR THE PERIOD
JANUARY FIRST, TWO THOUSAND FOURTEEN THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND FOURTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE
PERIOD JANUARY FIRST, TWO THOUSAND FIFTEEN THROUGH DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN, SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS, FOR THE PERIOD JANUARY FIRST TWO THOUSAND SIXTEEN THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, SEVEN MILLION FIVE HUNDRED
THOUSAND DOLLARS, and for the period January first, two thousand [four-
teen] SEVENTEEN through March thirty-first, two thousand [fourteen]
SEVENTEEN, in the amount of one million [eight hundred seventy-five] SIX
HUNDRED thousand dollars, provided, however, that for periods on and
after January first, two thousand eight, such additional payments shall
be distributed to voluntary, non-profit diagnostic and treatment centers
and to public diagnostic and treatment centers in accordance with para-
graph (g) of subdivision four of this section. In the event that federal
financial participation is available for rate adjustments pursuant to
this section, the commissioner shall make such payments as additional
adjustments to rates of payment for voluntary non-profit diagnostic and
treatment centers that are eligible for distributions under subdivision
four-a of this section in the following amounts: for the period June
first, two thousand six through December thirty-first, two thousand six,
fifteen million dollars in the aggregate, and for the period January
first, two thousand seven through June thirtieth, two thousand seven,
seven million five hundred thousand dollars in the aggregate. The
A. 8558--C 121
amounts allocated pursuant to this paragraph shall be aggregated with
and distributed pursuant to the same methodology applicable to the
amounts allocated to such diagnostic and treatment centers for such
periods pursuant to subdivision four of this section if federal finan-
cial participation is not available, or pursuant to subdivision four-a
of this section if federal financial participation is available.
Notwithstanding section three hundred sixty-eight-a of the social
services law, there shall be no local share in a medical assistance
payment adjustment under this subdivision.
S 17. Subdivision 9 of section 2807-k of the public health law, as
added by chapter 639 of the laws of 1996, is amended to read as follows:
9. In order for a general hospital to participate in the distribution
of funds from the pool, the general hospital must implement minimum
collection policies and procedures approved by the commissioner [and
must be in compliance with bad debt and charity care reporting require-
ments established pursuant to this article].
S 17-a. Paragraph (d) of subdivision 16 of section 2807-c of the
public health law, as amended by chapter 731 of the laws of 1993, is
amended to read as follows:
(d) In order for a general hospital to participate in the distribution
of funds from the pools, the general hospital must implement collection
policies and procedures approved by the commissioner [and must be in
compliance with bad debt and charity care reporting requirements estab-
lished pursuant to this article].
S 18. Paragraph (a) of subdivision 1 of section 18 of chapter 266 of
the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 15 of part C of chapter 59 of the laws of 2011, is
amended to read as follows:
(a) The superintendent of insurance and the commissioner of health or
their designee shall, from funds available in the hospital excess
liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of insurance for purposes of providing equivalent excess
coverage in accordance with section 19 of chapter 294 of the laws of
1985, for medical or dental malpractice occurrences between July 1, 1986
and June 30, 1987, between July 1, 1987 and June 30, 1988, between July
1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990,
between July 1, 1990 and June 30, 1991, between July 1, 1991 and June
30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993
and June 30, 1994, between July 1, 1994 and June 30, 1995, between July
1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997,
between July 1, 1997 and June 30, 1998, between July 1, 1998 and June
30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000
and June 30, 2001, between July 1, 2001 and June 30, 2002, between July
1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004,
between July 1, 2004 and June 30, 2005, between July 1, 2005 and June
30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007
and June 30, 2008, between July 1, 2008 and June 30, 2009, between July
1, 2009 and June 30, 2010, between July 1, 2010 and June 30, 2011,
between July 1, 2011 and June 30, 2012, between July 1, 2012 and June
A. 8558--C 122
30, 2013 [and], between July 1, 2013 and June 30, 2014, AND BETWEEN JULY
1, 2014 AND JUNE 30, 2015 or reimburse the hospital where the hospital
purchases equivalent excess coverage as defined in subparagraph (i) of
paragraph (a) of subdivision 1-a of this section for medical or dental
malpractice occurrences between July 1, 1987 and June 30, 1988, between
July 1, 1988 and June 30, 1989, between July 1, 1989 and June 30, 1990,
between July 1, 1990 and June 30, 1991, between July 1, 1991 and June
30, 1992, between July 1, 1992 and June 30, 1993, between July 1, 1993
and June 30, 1994, between July 1, 1994 and June 30, 1995, between July
1, 1995 and June 30, 1996, between July 1, 1996 and June 30, 1997,
between July 1, 1997 and June 30, 1998, between July 1, 1998 and June
30, 1999, between July 1, 1999 and June 30, 2000, between July 1, 2000
and June 30, 2001, between July 1, 2001 and June 30, 2002, between July
1, 2002 and June 30, 2003, between July 1, 2003 and June 30, 2004,
between July 1, 2004 and June 30, 2005, between July 1, 2005 and June
30, 2006, between July 1, 2006 and June 30, 2007, between July 1, 2007
and June 30, 2008, between July 1, 2008 and June 30, 2009, between July
1, 2009 and June 30, 2010, between July 1, 2010 and June 30, 2011,
between July 1, 2011 and June 30, 2012, between July 1, 2012 and June
30, 2013 [and], between July 1, 2013 and June 30, 2014, AND BETWEEN JULY
1, 2014 AND JUNE 30, 2015 for physicians or dentists certified as eligi-
ble for each such period or periods pursuant to subdivision 2 of this
section by a general hospital licensed pursuant to article 28 of the
public health law; provided that no single insurer shall write more than
fifty percent of the total excess premium for a given policy year; and
provided, however, that such eligible physicians or dentists must have
in force an individual policy, from an insurer licensed in this state of
primary malpractice insurance coverage in amounts of no less than one
million three hundred thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants under that poli-
cy during the period of such excess coverage for such occurrences or be
endorsed as additional insureds under a hospital professional liability
policy which is offered through a voluntary attending physician ("chan-
neling") program previously permitted by the superintendent of insurance
during the period of such excess coverage for such occurrences. During
such period, such policy for excess coverage or such equivalent excess
coverage shall, when combined with the physician's or dentist's primary
malpractice insurance coverage or coverage provided through a voluntary
attending physician ("channeling") program, total an aggregate level of
two million three hundred thousand dollars for each claimant and six
million nine hundred thousand dollars for all claimants from all such
policies with respect to occurrences in each of such years provided,
however, if the cost of primary malpractice insurance coverage in excess
of one million dollars, but below the excess medical malpractice insur-
ance coverage provided pursuant to this act, exceeds the rate of nine
percent per annum, then the required level of primary malpractice insur-
ance coverage in excess of one million dollars for each claimant shall
be in an amount of not less than the dollar amount of such coverage
available at nine percent per annum; the required level of such coverage
for all claimants under that policy shall be in an amount not less than
three times the dollar amount of coverage for each claimant; and excess
coverage, when combined with such primary malpractice insurance cover-
age, shall increase the aggregate level for each claimant by one million
dollars and three million dollars for all claimants; and provided
further, that, with respect to policies of primary medical malpractice
coverage that include occurrences between April 1, 2002 and June 30,
A. 8558--C 123
2002, such requirement that coverage be in amounts no less than one
million three hundred thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
S 19. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 16
of part C of chapter 59 of the laws of 2011, is amended to read as
follows:
(3)(a) The superintendent of insurance shall determine and certify to
each general hospital and to the commissioner of health the cost of
excess malpractice insurance for medical or dental malpractice occur-
rences between July 1, 1986 and June 30, 1987, between July 1, 1988 and
June 30, 1989, between July 1, 1989 and June 30, 1990, between July 1,
1990 and June 30, 1991, between July 1, 1991 and June 30, 1992, between
July 1, 1992 and June 30, 1993, between July 1, 1993 and June 30, 1994,
between July 1, 1994 and June 30, 1995, between July 1, 1995 and June
30, 1996, between July 1, 1996 and June 30, 1997, between July 1, 1997
and June 30, 1998, between July 1, 1998 and June 30, 1999, between July
1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001,
between July 1, 2001 and June 30, 2002, between July 1, 2002 and June
30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004
and June 30, 2005, between July 1, 2005 and June 30, 2006, between July
1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008,
between July 1, 2008 and June 30, 2009, between July 1, 2009 and June
30, 2010, between July 1, 2010 and June 30, 2011, between July 1, 2011
and June 30, 2012, between July 1, 2012 and June 30, 2013, and between
July 1, 2013 and June 30, 2014, AND BETWEEN JULY 1, 2014 AND JUNE 30,
2015 allocable to each general hospital for physicians or dentists
certified as eligible for purchase of a policy for excess insurance
coverage by such general hospital in accordance with subdivision 2 of
this section, and may amend such determination and certification as
necessary.
(b) The superintendent of insurance shall determine and certify to
each general hospital and to the commissioner of health the cost of
excess malpractice insurance or equivalent excess coverage for medical
or dental malpractice occurrences between July 1, 1987 and June 30,
1988, between July 1, 1988 and June 30, 1989, between July 1, 1989 and
June 30, 1990, between July 1, 1990 and June 30, 1991, between July 1,
1991 and June 30, 1992, between July 1, 1992 and June 30, 1993, between
July 1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, [and] between July 1, 2013 and June 30, 2014, AND
BETWEEN JULY 1, 2014 AND JUNE 30, 2015 allocable to each general hospi-
tal for physicians or dentists certified as eligible for purchase of a
policy for excess insurance coverage or equivalent excess coverage by
such general hospital in accordance with subdivision 2 of this section,
A. 8558--C 124
and may amend such determination and certification as necessary. The
superintendent of insurance shall determine and certify to each general
hospital and to the commissioner of health the ratable share of such
cost allocable to the period July 1, 1987 to December 31, 1987, to the
period January 1, 1988 to June 30, 1988, to the period July 1, 1988 to
December 31, 1988, to the period January 1, 1989 to June 30, 1989, to
the period July 1, 1989 to December 31, 1989, to the period January 1,
1990 to June 30, 1990, to the period July 1, 1990 to December 31, 1990,
to the period January 1, 1991 to June 30, 1991, to the period July 1,
1991 to December 31, 1991, to the period January 1, 1992 to June 30,
1992, to the period July 1, 1992 to December 31, 1992, to the period
January 1, 1993 to June 30, 1993, to the period July 1, 1993 to December
31, 1993, to the period January 1, 1994 to June 30, 1994, to the period
July 1, 1994 to December 31, 1994, to the period January 1, 1995 to June
30, 1995, to the period July 1, 1995 to December 31, 1995, to the period
January 1, 1996 to June 30, 1996, to the period July 1, 1996 to December
31, 1996, to the period January 1, 1997 to June 30, 1997, to the period
July 1, 1997 to December 31, 1997, to the period January 1, 1998 to June
30, 1998, to the period July 1, 1998 to December 31, 1998, to the period
January 1, 1999 to June 30, 1999, to the period July 1, 1999 to December
31, 1999, to the period January 1, 2000 to June 30, 2000, to the period
July 1, 2000 to December 31, 2000, to the period January 1, 2001 to June
30, 2001, to the period July 1, 2001 to June 30, 2002, to the period
July 1, 2002 to June 30, 2003, to the period July 1, 2003 to June 30,
2004, to the period July 1, 2004 to June 30, 2005, to the period July 1,
2005 and June 30, 2006, to the period July 1, 2006 and June 30, 2007, to
the period July 1, 2007 and June 30, 2008, to the period July 1, 2008
and June 30, 2009, to the period July 1, 2009 and June 30, 2010, to the
period July 1, 2010 and June 30, 2011, to the period July 1, 2011 and
June 30, 2012, to the period July 1, 2012 and June 30, 2013, [and] to
the period July 1, 2013 and June 30, 2014, AND TO THE PERIOD JULY 1,
2014 AND JUNE 30, 2015.
S 20. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of
section 18 of chapter 266 of the laws of 1986, amending the civil prac-
tice law and rules and other laws relating to malpractice and profes-
sional medical conduct, as amended by section 17 of part C of chapter 59
of the laws of 2011, are amended to read as follows:
(a) To the extent funds available to the hospital excess liability
pool pursuant to subdivision 5 of this section as amended, and pursuant
to section 6 of part J of chapter 63 of the laws of 2001, as may from
time to time be amended, which amended this subdivision, are insuffi-
cient to meet the costs of excess insurance coverage or equivalent
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
2000, during the period July 1, 2000 to June 30, 2001, during the period
July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
during the period July 1, 2006 to June 30, 2007, during the period July
1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
2009, during the period July 1, 2009 to June 30, 2010, during the period
A. 8558--C 125
July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
30, 2012, during the period July 1, 2012 to June 30, 2013, [and] during
the period July 1, 2013 to June 30, 2014, AND DURING THE PERIOD JULY 1,
2014 TO JUNE 30, 2015 allocated or reallocated in accordance with para-
graph (a) of subdivision 4-a of this section to rates of payment appli-
cable to state governmental agencies, each physician or dentist for whom
a policy for excess insurance coverage or equivalent excess coverage is
purchased for such period shall be responsible for payment to the
provider of excess insurance coverage or equivalent excess coverage of
an allocable share of such insufficiency, based on the ratio of the
total cost of such coverage for such physician to the sum of the total
cost of such coverage for all physicians applied to such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, OR COVERING THE PERIOD JULY 1, 2014 TO
JUNE 30, 2015 shall notify a covered physician or dentist by mail,
mailed to the address shown on the last application for excess insurance
coverage or equivalent excess coverage, of the amount due to such
provider from such physician or dentist for such coverage period deter-
mined in accordance with paragraph (a) of this subdivision. Such amount
shall be due from such physician or dentist to such provider of excess
insurance coverage or equivalent excess coverage in a time and manner
determined by the superintendent of insurance.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
A. 8558--C 126
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, OR COVERING THE PERIOD JULY 1, 2014 TO JUNE 30,
2015 determined in accordance with paragraph (a) of this subdivision
fails, refuses or neglects to make payment to the provider of excess
insurance coverage or equivalent excess coverage in such time and manner
as determined by the superintendent of insurance pursuant to paragraph
(b) of this subdivision, excess insurance coverage or equivalent excess
coverage purchased for such physician or dentist in accordance with this
section for such coverage period shall be cancelled and shall be null
and void as of the first day on or after the commencement of a policy
period where the liability for payment pursuant to this subdivision has
not been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of insurance and the commis-
sioner of health or their designee of each physician and dentist eligi-
ble for purchase of a policy for excess insurance coverage or equivalent
excess coverage covering the period July 1, 1992 to June 30, 1993, or
covering the period July 1, 1993 to June 30, 1994, or covering the peri-
od July 1, 1994 to June 30, 1995, or covering the period July 1, 1995 to
June 30, 1996, or covering the period July 1, 1996 to June 30, 1997, or
covering the period July 1, 1997 to June 30, 1998, or covering the peri-
od July 1, 1998 to June 30, 1999, or covering the period July 1, 1999 to
June 30, 2000, or covering the period July 1, 2000 to June 30, 2001, or
covering the period July 1, 2001 to October 29, 2001, or covering the
period April 1, 2002 to June 30, 2002, or covering the period July 1,
2002 to June 30, 2003, or covering the period July 1, 2003 to June 30,
2004, or covering the period July 1, 2004 to June 30, 2005, or covering
the period July 1, 2005 to June 30, 2006, or covering the period July 1,
2006 to June 30, 2007, or covering the period July 1, 2007 to June 30,
2008, or covering the period July 1, 2008 to June 30, 2009, or covering
the period July 1, 2009 to June 30, 2010, or covering the period July 1,
2010 to June 30, 2011, or covering the period July 1, 2011 to June 30,
2012, or covering the period July 1, 2012 to June 30, 2013, or covering
the period July 1, 2013 to June 30, 2014, OR COVERING THE PERIOD JULY 1,
2014 TO JUNE 30, 2015 that has made payment to such provider of excess
insurance coverage or equivalent excess coverage in accordance with
paragraph (b) of this subdivision and of each physician and dentist who
has failed, refused or neglected to make such payment.
(e) A provider of excess insurance coverage or equivalent excess
coverage shall refund to the hospital excess liability pool any amount
allocable to the period July 1, 1992 to June 30, 1993, and to the period
July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
and to the period April 1, 2002 to June 30, 2002, and to the period July
1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
2004, and to the period July 1, 2004 to June 30, 2005, and to the period
July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
A. 8558--C 127
to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, AND
TO THE PERIOD JULY 1, 2014 TO JUNE 30, 2015 received from the hospital
excess liability pool for purchase of excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
1993, and covering the period July 1, 1993 to June 30, 1994, and cover-
ing the period July 1, 1994 to June 30, 1995, and covering the period
July 1, 1995 to June 30, 1996, and covering the period July 1, 1996 to
June 30, 1997, and covering the period July 1, 1997 to June 30, 1998,
and covering the period July 1, 1998 to June 30, 1999, and covering the
period July 1, 1999 to June 30, 2000, and covering the period July 1,
2000 to June 30, 2001, and covering the period July 1, 2001 to October
29, 2001, and covering the period April 1, 2002 to June 30, 2002, and
covering the period July 1, 2002 to June 30, 2003, and covering the
period July 1, 2003 to June 30, 2004, and covering the period July 1,
2004 to June 30, 2005, and covering the period July 1, 2005 to June 30,
2006, and covering the period July 1, 2006 to June 30, 2007, and cover-
ing the period July 1, 2007 to June 30, 2008, and covering the period
July 1, 2008 to June 30, 2009, and covering the period July 1, 2009 to
June 30, 2010, and covering the period July 1, 2010 to June 30, 2011,
and covering the period July 1, 2011 to June 30, 2012, and covering the
period July 1, 2012 to June 30, 2013, and covering the period July 1,
2013 to June 30, 2014, AND COVERING THE PERIOD JULY 1, 2014 TO JUNE 30,
2015 for a physician or dentist where such excess insurance coverage or
equivalent excess coverage is cancelled in accordance with paragraph (c)
of this subdivision.
S 21. Section 40 of chapter 266 of the laws of 1986, amending the
civil practice law and rules and other laws relating to malpractice and
professional medical conduct, as amended by section 18 of part C of
chapter 59 of the laws of 2011, is amended to read as follows:
S 40. The superintendent of insurance shall establish rates for poli-
cies providing coverage for physicians and surgeons medical malpractice
for the periods commencing July 1, 1985 and ending June 30, [2014] 2015;
provided, however, that notwithstanding any other provision of law, the
superintendent shall not establish or approve any increase in rates for
the period commencing July 1, 2009 and ending June 30, 2010. The super-
intendent shall direct insurers to establish segregated accounts for
premiums, payments, reserves and investment income attributable to such
premium periods and shall require periodic reports by the insurers
regarding claims and expenses attributable to such periods to monitor
whether such accounts will be sufficient to meet incurred claims and
expenses. On or after July 1, 1989, the superintendent shall impose a
surcharge on premiums to satisfy a projected deficiency that is attrib-
utable to the premium levels established pursuant to this section for
such periods; provided, however, that such annual surcharge shall not
exceed eight percent of the established rate until July 1, [2014] 2015,
at which time and thereafter such surcharge shall not exceed twenty-five
percent of the approved adequate rate, and that such annual surcharges
shall continue for such period of time as shall be sufficient to satisfy
such deficiency. The superintendent shall not impose such surcharge
during the period commencing July 1, 2009 and ending June 30, 2010. On
and after July 1, 1989, the surcharge prescribed by this section shall
be retained by insurers to the extent that they insured physicians and
surgeons during the July 1, 1985 through June 30, [2014] 2015 policy
periods; in the event and to the extent physicians and surgeons were
insured by another insurer during such periods, all or a pro rata share
of the surcharge, as the case may be, shall be remitted to such other
A. 8558--C 128
insurer in accordance with rules and regulations to be promulgated by
the superintendent. Surcharges collected from physicians and surgeons
who were not insured during such policy periods shall be apportioned
among all insurers in proportion to the premium written by each insurer
during such policy periods; if a physician or surgeon was insured by an
insurer subject to rates established by the superintendent during such
policy periods, and at any time thereafter a hospital, health mainte-
nance organization, employer or institution is responsible for respond-
ing in damages for liability arising out of such physician's or
surgeon's practice of medicine, such responsible entity shall also remit
to such prior insurer the equivalent amount that would then be collected
as a surcharge if the physician or surgeon had continued to remain
insured by such prior insurer. In the event any insurer that provided
coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
1986, by this act and at any other time. Notwithstanding any provision
of the insurance law, rates already established and to be established by
the superintendent pursuant to this section are deemed adequate if such
rates would be adequate when taken together with the maximum authorized
annual surcharges to be imposed for a reasonable period of time whether
or not any such annual surcharge has been actually imposed as of the
establishment of such rates.
S 22. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter 20 of the laws of 2001
amending the military law and other laws relating to making appropri-
ations for the support of government, as amended by section 20 of part C
of chapter 59 of the laws of 2011, are amended to read as follows:
S 5. The superintendent of insurance and the commissioner of health
shall determine, no later than June 15, 2002, June 15, 2003, June 15,
2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008, June
15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15, 2013,
[and] June 15, 2014, AND JUNE 15, 2015 the amount of funds available in
the hospital excess liability pool, created pursuant to section 18 of
chapter 266 of the laws of 1986, and whether such funds are sufficient
for purposes of purchasing excess insurance coverage for eligible
participating physicians and dentists during the period July 1, 2001 to
June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30,
2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30,
2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30,
2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30,
2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, OR JULY 1, 2014 TO JUNE 30, 2015, as applicable.
A. 8558--C 129
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of insurance and
the commissioner of health, and a certification of such determination to
the state director of the budget, the chair of the senate committee on
finance and the chair of the assembly committee on ways and means, that
the amount of funds in the hospital excess liability pool, created
pursuant to section 18 of chapter 266 of the laws of 1986, is insuffi-
cient for purposes of purchasing excess insurance coverage for eligible
participating physicians and dentists during the period July 1, 2001 to
June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1, 2003 to June
30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005 to June 30,
2006, or July 1, 2006 to June 30, 2007, or July 1, 2007 to June 30,
2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to June 30,
2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June 30,
2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, OR JULY 1, 2014 TO JUNE 30, 2015, as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of insurance for the purchase of excess liability insurance coverage for
eligible participating physicians and dentists for the policy year July
1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July 1,
2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1, 2005
to June 30, 2006, or July 1, 2006 to June 30, 2007, as applicable, and
the cost of administering the hospital excess liability pool for such
applicable policy year, pursuant to the program established in chapter
266 of the laws of 1986, as amended, no later than June 15, 2002, June
15, 2003, June 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007,
June 15, 2008, June 15, 2009, June 15, 2010, June 15, 2011, June 15,
2012, June 15, 2013, [and] June 15, 2014, AND JUNE 15, 2015, as applica-
ble.
S 23. Notwithstanding any law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom the super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity pool, a full or partial policy for excess coverage or equivalent
excess coverage for the coverage period ending the thirtieth of June,
two thousand fourteen, shall be eligible to apply for such coverage for
the coverage period beginning the first of July, two thousand fourteen;
provided, however, if the total number of physicians or dentists for
whom such excess coverage or equivalent excess coverage was purchased
for the policy year ending the thirtieth of June, two thousand fourteen
exceeds the total number of physicians or dentists certified as eligible
for the coverage period beginning the first of July, two thousand four-
teen, then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general hospital's propor-
tional share of the total number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased with funds
available in the hospital excess liability pool as of the thirtieth of
June, two thousand fourteen, as applied to the difference between the
number of eligible physicians or dentists for whom a policy for excess
coverage or equivalent excess coverage was purchased for the coverage
period ending the thirtieth of June, two thousand fourteen and the
number of such eligible physicians or dentists who have applied for
excess coverage or equivalent excess coverage for the coverage period
beginning the first of July, two thousand fourteen.
A. 8558--C 130
S 24. Notwithstanding any inconsistent provision of law, rule or regu-
lation, for purposes of implementing the provisions of the public health
law and the social services law, references to titles XIX and XXI of the
federal social security act in the public health law and the social
services law shall be deemed to include and also to mean any successor
titles thereto under the federal social security act.
S 25. Notwithstanding any inconsistent provision of law, rule or regu-
lation, the effectiveness of the provisions of sections 2807 and 3614 of
the public health law, section 18 of chapter 2 of the laws of 1988, and
18 NYCRR 505.14(h), as they relate to time frames for notice, approval
or certification of rates of payment, are hereby suspended and without
force or effect for purposes of implementing the provisions of this act.
S 26. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
S 27. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014, provided
that:
(a) any rules or regulations necessary to implement the provisions of
this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
(b) this act shall not be construed to alter, change, affect, impair
or defeat any right, obligations, duties or interests accrued, incurred
or conferred prior to the effective date of this act;
(c) the commissioner of health and the superintendent of financial
services and any appropriate council may take any steps necessary to
implement this act prior to its effective date;
(d) notwithstanding any inconsistent provision of the state adminis-
trative procedure act or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of financial services
and any appropriate council is authorized to adopt or amend or promul-
gate on an emergency basis any regulation he or she or such council
determines necessary to implement any provision of this act on its
effective date;
(e) the provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of
financial services or any council to adopt or amend or promulgate regu-
lations implementing this act;
(f) the amendments to sections 2807-s and 2807-j of the public health
law made by sections three, four and five, respectively, of this act
shall not affect the expiration of such sections and shall expire there-
with;
(g) the amendments to paragraph (i-l) of subdivision 1 of section
2807-v of the public health law made by section eight of this act shall
not affect the repeal of such paragraph and shall be deemed repealed
therewith; and
(h) the amendments to subdivision 6 of section 2807-t of the public
health law made by section fifteen of this act shall not affect the
expiration of such section and shall be deemed to expire therewith.
A. 8558--C 131
PART C
Section 1. Intentionally omitted.
S 2. Intentionally omitted.
S 3. Intentionally omitted.
S 4. Intentionally omitted.
S 5. Paragraph (g-1) of subdivision 2 of section 365-a of the social
services law, as amended by section 23 of part H of chapter 59 of the
laws of 2011, is amended to read as follows:
(g-1) drugs provided on an in-patient basis, those drugs contained on
the list established by regulation of the commissioner of health pursu-
ant to subdivision four of this section, and those drugs which may not
be dispensed without a prescription as required by section sixty-eight
hundred ten of the education law and which the commissioner of health
shall determine to be reimbursable based upon such factors as the avail-
ability of such drugs or alternatives at low cost if purchased by a
medicaid recipient, or the essential nature of such drugs as described
by such commissioner in regulations, provided, however, that such drugs,
exclusive of long-term maintenance drugs, shall be dispensed in quanti-
ties no greater than a thirty day supply or one hundred doses, whichever
is greater; provided further that the commissioner of health is author-
ized to require prior authorization for any refill of a prescription
when [less than seventy-five percent of the previously dispensed amount
per fill should have been used] MORE THAN A SIX DAY SUPPLY OF THE PREVI-
OUSLY DISPENSED AMOUNT SHOULD REMAIN were the product used as normally
indicated; provided further that the commissioner of health is author-
ized to require prior authorization of prescriptions of opioid analges-
ics in excess of four prescriptions in a thirty-day period in accordance
with section two hundred seventy-three of the public health law; medical
assistance shall not include any drug provided on other than an in-pa-
tient basis for which a recipient is charged or a claim is made in the
case of a prescription drug, in excess of the maximum reimbursable
amounts to be established by department regulations in accordance with
standards established by the secretary of the United States department
of health and human services, or, in the case of a drug not requiring a
prescription, in excess of the maximum reimbursable amount established
by the commissioner of health pursuant to paragraph (a) of subdivision
four of this section;
S 6. Paragraph (i) of subdivision 9 of section 367-a of the social
services law is REPEALED.
S 7. Intentionally omitted.
S 8. Intentionally omitted.
S 9. Subparagraph (iii) of paragraph (c) of subdivision 6 of section
367-a of the social services law, as amended by section 47 of part C of
chapter 58 of the laws of 2009, is amended to read as follows:
(iii) Notwithstanding any other provision of this paragraph, co-
payments charged for each generic prescription drug dispensed shall be
one dollar and for each brand name prescription drug dispensed shall be
three dollars; provided, however, that the co-payments charged for each
brand name prescription drug on the preferred drug list established
pursuant to section two hundred seventy-two of the public health law OR,
FOR MANAGED CARE PROVIDERS OPERATING PURSUANT TO SECTION THREE HUNDRED
SIXTY-FOUR-J OF THIS TITLE, FOR EACH BRAND NAME PRESCRIPTION DRUG ON A
MANAGED CARE PROVIDER'S FORMULARY THAT SUCH PROVIDER HAS DESIGNATED AS A
PREFERRED DRUG, and the co-payments charged for each brand name
prescription drug reimbursed pursuant to subparagraph (ii) of paragraph
A. 8558--C 132
(a-1) of subdivision four of section three hundred sixty-five-a of this
title shall be one dollar.
S 10. The mental hygiene law is amended by adding a new section 41.56
to read as follows:
S 41.56 BEHAVIORAL HEALTH ALLOCATION PLANS.
1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
FUNDS SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF THE OFFICE OF
MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH AND APPROVED BY THE DIRECTOR OF THE BUDGET, AND CONSISTENT WITH
APPROPRIATIONS MADE THEREFOR IN AN AMOUNT EQUAL TO THE SAVINGS ACHIEVED
BY THE REDUCTION OF INPATIENT OR OUTPATIENT BEHAVIORAL HEALTH SERVICES
PROVIDED UNDER THE MEDICAID PROGRAM BY PROGRAMS LICENSED PURSUANT TO
ARTICLE THIRTY-ONE OR THIRTY-TWO OF THIS CHAPTER. SUCH PROGRAMS MAY
INCLUDE PROGRAMS THAT ARE LICENSED PURSUANT TO BOTH ARTICLE THIRTY-ONE
OF THIS CHAPTER AND ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR
CERTIFIED UNDER BOTH ARTICLE THIRTY-TWO OF THIS CHAPTER AND ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
2. SUCH COMMISSIONERS SHALL DEVELOP AN ALLOCATION PLAN IN CONSULTATION
WITH LOCAL GOVERNMENTAL UNITS AS DEFINED IN SECTION 41.03 OF THIS CHAP-
TER AND VOLUNTARY AGENCIES PROVIDING BEHAVIORAL HEALTH SERVICES. ON AN
ANNUAL BASIS NO LATER THAN DECEMBER FIFTEENTH OF EACH YEAR, SUCH COMMIS-
SIONERS SHALL FURNISH A JOINT REPORT TO THE CHAIR OF THE SENATE FINANCE
COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE DETAIL-
ING THE IMPLEMENTATION OF THE ALLOCATION PLAN. SUCH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO A GEOGRAPHICAL ANALYSIS OF BEHAVIORAL
HEALTH SERVICES AND ANY GAPS THEREOF; THE LOCATION AND SCOPE OF SERVICE
REDUCTIONS RESULTING FROM THE REDUCTION OR CLOSURE OF PROGRAMS LICENSED
PURSUANT TO ARTICLE THIRTY-ONE OR THIRTY-TWO OF THIS CHAPTER, INCLUDING
THE AMOUNT OF SAVINGS GENERATED FROM SUCH REDUCTIONS OR CLOSURES; A
DESCRIPTION OF WHERE AND WHEN REINVESTMENTS MADE PURSUANT TO THE ALLO-
CATION PLAN WILL OCCUR AND A DESCRIPTION OF THE SERVICES DETERMINED TO
BE FUNDED BY THE ALLOCATION PLAN. PRIOR TO ANY CHANGE TO THE EXISTING
ALLOCATION PLAN, AN UPDATED REPORT REFLECTING THE CHANGE SHALL BE SENT
TO THE RESPECTIVE CHAIRS THIRTY DAYS PRIOR TO THE IMPLEMENTATION OF SUCH
CHANGE.
S 11. Section 365-m of the social services law is amended by adding a
new subdivision 5 to read as follows:
5. THE DEPARTMENT OF HEALTH IS AUTHORIZED TO REINVEST FUNDS ALLOCATED
FOR BEHAVIORAL HEALTH SERVICES, WHICH ARE GENERAL FUND SAVINGS DIRECTLY
RELATED TO SAVINGS REALIZED THROUGH THE TRANSITION OF POPULATIONS
COVERED BY THIS SECTION FROM THE APPLICABLE MEDICAID FEE-FOR-SERVICE
SYSTEM TO A MANAGED CARE MODEL, FOR THE PURPOSE OF INCREASING INVESTMENT
IN COMMUNITY BASED BEHAVIORAL HEALTH SERVICES, INCLUDING RESIDENTIAL
SERVICES CERTIFIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES. SUCH PROGRAM SHALL BE KNOWN AS THE "COMMUNITY BASED BEHAV-
IORAL HEALTH SERVICES REINVESTMENT PROGRAM". THE AMOUNT OF COMMUNITY
BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT FUNDS FOR THE DEPARTMENT
SHALL BE SUBJECT TO ANNUAL APPROPRIATION. THE METHODOLOGIES USED TO
CALCULATE THE SAVINGS SHALL BE DEVELOPED BY THE COMMISSIONER OF HEALTH
AND THE DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE COMMISSIONERS OF
THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES. IN NO EVENT SHALL THE FULL ANNUAL VALUE OF THE COMMUNITY
BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT PROGRAM SAVINGS ATTRIBUT-
ABLE TO THE TRANSITION TO MANAGED CARE EXCEED THE TWELVE MONTH VALUE OF
THE DEPARTMENT OF HEALTH GENERAL FUND REDUCTIONS RESULTING FROM SUCH
A. 8558--C 133
TRANSITION. WITHIN ANY FISCAL YEAR WHERE APPROPRIATION INCREASES ARE
RECOMMENDED FOR THE COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVEST-
MENT PROGRAM, INSOFAR AS MANAGED CARE TRANSITION SAVINGS DO NOT OCCUR AS
ESTIMATED, AND GENERAL FUND SAVINGS DO NOT RESULT, THEN SPENDING FOR THE
COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT PROGRAM MAY BE
REDUCED IN THE NEXT YEAR'S ANNUAL BUDGET ITEMIZATION. THE COMMISSIONER
OF HEALTH SHALL PROMULGATE REGULATIONS TO EFFECTUATE THIS SUBDIVISION.
THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES, SHALL REPORT QUARTERLY TO THE CHAIR OF THE
SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE ON THE COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVESTMENT
PROGRAM. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO, THE TOTAL
SAVINGS RESULTING FROM THE TRANSITION OF INDIVIDUALS COVERED BY THIS
SECTION TO MANAGED CARE AND THE AMOUNT OF SAVINGS RESULTING FROM THE
TRANSITION TO MANAGED CARE OF INDIVIDUALS RECEIVING SERVICES UNDER THE
AUSPICES OF THE OFFICE OF MENTAL HEALTH AND INDIVIDUALS RECEIVING
SERVICES UNDER THE AUSPICES OF THE OFFICE OF ALCOHOL AND SUBSTANCE ABUSE
SERVICES; THE METHODOLOGY USED TO CALCULATE SUCH SAVINGS; THE SPECIFIC
INITIATIVES TO BE FUNDED BY THE PROGRAMS, INCLUDING DETAILS OF ANY
PROPOSED BED DEVELOPMENT OR RATE INCREASES; THE TIMEFRAME FOR THE IMPLE-
MENTATION OF THE REINVESTMENT; AND THE MANNER IN WHICH THE REINVESTMENT
WILL ADDRESS THE EXISTING SERVICE NEEDS.
S 12. Intentionally omitted.
S 12-a. Intentionally omitted.
S 13. Section 48-a of part A of chapter 56 of the laws of 2013 amend-
ing chapter 59 of the laws of 2011 amending the public health law and
other laws relating to general hospital reimbursement for annual rates
relating to the cap on local Medicaid expenditures, is amended to read
as follows:
S 48-a. Notwithstanding any contrary provision of law, the [commis-
sioner] COMMISSIONERS OF THE OFFICE of alcoholism and substance abuse
services [is] AND OFFICE OF MENTAL HEALTH ARE authorized, subject to the
approval of the director of the budget, to transfer to the commissioner
of health state funds to be utilized as the state share for the purpose
of increasing payments under the medicaid program to managed care organ-
izations licensed under article 44 of the public health law or under
article 43 of the insurance law. Such managed care organizations shall
utilize such funds for the purpose of reimbursing [hospital-based and
free-standing chemical dependence outpatient and opioid treatment clin-
ics] PROVIDERS licensed pursuant to article 28 of the public health law
or article 31 OR 32 of the mental hygiene law for [chemical dependency]
AMBULATORY BEHAVIORAL HEALTH services, as determined by the commissioner
of health, in consultation with the commissioner of alcoholism and
substance abuse services AND THE COMMISSIONER OF THE OFFICE OF MENTAL
HEALTH, provided to medicaid eligible outpatients. Such reimbursement
shall be in the form of fees for such services which are equivalent to
the payments established for such services under the ambulatory patient
group (APG) rate-setting methodology as utilized by the department of
health [or by], the office of alcoholism and substance abuse services,
OR THE OFFICE OF MENTAL HEALTH for rate-setting purposes; provided,
however, that the increase to such fees that shall result from the
provisions of this section shall not, in the aggregate and as determined
by the commissioner of health, in consultation with the commissioner of
alcoholism and substance abuse services AND THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH, be greater than the increased funds made avail-
A. 8558--C 134
able pursuant to this section. THE INCREASE OF SUCH AMBULATORY BEHAV-
IORAL HEALTH FEES TO PROVIDERS AVAILABLE UNDER THIS SECTION SHALL BE FOR
ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THE AMENDMENTS MADE
TO THIS SECTION BY THIS CHAPTER OF THE LAWS OF 2014 THROUGH DECEMBER 31,
2016 FOR PATIENTS IN THE CITY OF NEW YORK, FOR ALL RATE PERIODS ON AND
AFTER THE EFFECTIVE DATE OF THE AMENDMENTS MADE TO THIS SECTION BY THIS
CHAPTER OF THE LAWS OF 2014 THROUGH JUNE 30, 2017 FOR PATIENTS OUTSIDE
THE CITY OF NEW YORK, AND FOR ALL RATE PERIODS ON AND AFTER THE EFFEC-
TIVE DATE OF THE AMENDMENTS MADE TO THIS SECTION BY THIS CHAPTER OF THE
LAWS OF 2014 THROUGH DECEMBER 31, 2017 FOR ALL SERVICES PROVIDED TO
PERSONS UNDER THE AGE OF TWENTY-ONE; PROVIDED, HOWEVER, THAT MANAGED
CARE ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE DIFFERENT RATES AND METH-
ODS OF PAYMENT DURING SUCH PERIODS DESCRIBED ABOVE, SUBJECT TO THE
APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL
CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND
THE OFFICE OF MENTAL HEALTH IN DETERMINING WHETHER SUCH ALTERNATIVE
RATES SHALL BE APPROVED. The commissioner of health may, in consultation
with the commissioner of alcoholism and substance abuse services AND THE
COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, promulgate regulations,
including emergency regulations, as are necessary to implement the
provisions of this section.
S 14. Subdivision 8 of section 84 of part A of chapter 56 of the laws
of 2013, amending chapter 59 of the laws of 2011 amending the public
health law and other laws relating to general hospital reimbursement for
annual rates relating to the cap on local Medicaid expenditures, is
amended to read as follows:
8. section forty-eight-a of this act shall expire and be deemed
repealed [March 31, 2016] JANUARY 1, 2018;
S 15. Section 1 of part H of chapter 111 of the laws of 2010 relating
to increasing Medicaid payments to providers through managed care organ-
izations and providing equivalent fees through an ambulatory patient
group methodology, is amended to read as follows:
Section 1. Notwithstanding any contrary provision of law, the
[commissioner] COMMISSIONERS of mental health [is] AND ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES ARE authorized, subject to the approval of the
director of the budget, to transfer to the commissioner of health state
funds to be utilized as the state share for the purpose of increasing
payments under the medicaid program to managed care organizations
licensed under article 44 of the public health law or under article 43
of the insurance law. Such managed care organizations shall utilize such
funds for the purpose of reimbursing [hospital-based and free-standing
clinics] PROVIDERS licensed pursuant to article 28 of the public health
law, OR pursuant to article 31 OR ARTICLE 32 of the mental hygiene law
[or pursuant to both such provisions of law for outpatient mental health
services] FOR AMBULATORY BEHAVIORAL HEALTH SERVICES, as determined by
the commissioner of health in consultation with the commissioner of
mental health AND COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, provided to medicaid eligible outpatients. Such reimbursement
shall be in the form of fees for such services which are equivalent to
the payments established for such services under the ambulatory patient
group (APG) rate-setting methodology as utilized by the department of
health or by the office of mental health OR OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES for rate-setting purposes; provided, however,
that the increase to such fees that shall result from the provisions of
this section shall not, in the aggregate and as determined by the
commissioner of health in consultation with the [commissioner] COMMIS-
A. 8558--C 135
SIONERS of mental health AND ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, be
greater than the increased funds made available pursuant to this
section. THE INCREASE OF SUCH BEHAVIORAL HEALTH FEES TO PROVIDERS
AVAILABLE UNDER THIS SECTION SHALL BE FOR ALL RATE PERIODS ON AND AFTER
THE EFFECTIVE DATE OF THIS SECTION THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND SIXTEEN FOR PATIENTS IN THE CITY OF NEW YORK, FOR ALL RATE
PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION THROUGH JUNE
THIRTIETH, TWO THOUSAND SEVENTEEN FOR PATIENTS OUTSIDE THE CITY OF NEW
YORK, AND FOR ALL RATE PERIODS ON AND AFTER THE EFFECTIVE DATE OF THIS
SECTION THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN FOR ALL
SERVICES PROVIDED TO PERSONS UNDER THE AGE OF TWENTY-ONE; PROVIDED,
HOWEVER, THAT MANAGED CARE ORGANIZATIONS AND PROVIDERS MAY NEGOTIATE
DIFFERENT RATES AND METHODS OF PAYMENT DURING SUCH PERIODS DESCRIBED,
SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF
HEALTH SHALL CONSULT WITH THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES AND THE OFFICE OF MENTAL HEALTH IN DETERMINING WHETHER SUCH
ALTERNATIVE RATES SHALL BE APPROVED. The commissioner of health may, in
consultation with the [commissioner] COMMISSIONERS of mental health AND
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, promulgate regulations, includ-
ing emergency regulations, as are necessary to implement the provisions
of this section.
S 16. Section 2 of part H of chapter 111 of the laws of 2010, relating
to increasing Medicaid payments to providers through managed care organ-
izations and providing equivalent fees through an ambulatory patient
group methodology, as amended by section 49 of part A of chapter 56 of
the laws of 2013, is amended to read as follows:
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, and shall
expire on [March 31, 2016] JANUARY 1, 2018.
S 16-a. Section 45-c of part A of chapter 56 of the laws of 2013,
relating to the report on the transition of behavioral health services
as a managed care benefit in the medical assistance program is amended
to read as follows:
S 45-c. The commissioner of health in consultation with the commis-
sioners of the office of mental health and the office of alcoholism and
substance abuse SERVICES shall prepare a report on the transition of
behavioral health services as a managed care benefit in the medical
assistance program. Such report shall examine (i) the adequacy of
rates; (ii) the ability of managed care plans to arrange and manage
covered services for eligible enrollees; (iii) the ability of managed
care plans to provide an adequate network of providers to meet the needs
of enrollees; (iv) the use of evidence based tools or guidelines by
managed care plans when determining the appropriate level of care or
coverage for enrollees; (v) the ability of managed care plans to provide
eligible enrollees with both the appropriate amount and type of
services; (vi) the quality assurance mechanisms used by managed care
plans, including processes to ensure enrollee satisfaction; (vii) the
manner in which managed care plans address the cultural and linguistic
needs of enrollees; and (viii) any other quality of care criteria deemed
appropriate by the commissioners to ensure the adequacy of rates, conti-
nuity of care and the quality of life, health, and safety of enrollees
during the transition of the behavioral health benefit. [The report
shall be submitted no later than April first, two thousand sixteen to
the governor, the temporary president of the senate, the speaker of the
assembly, the minority leader of the senate, and the minority leader of
the assembly.] THE REPORT SHALL BE SUBMITTED ON AN ANNUAL BASIS TO THE
A. 8558--C 136
GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE MINORITY LEADER OF THE SENATE, AND THE MINORITY LEADER OF
THE ASSEMBLY NO LATER THAN JANUARY FIRST OF EACH YEAR, COMMENCING ON
JANUARY FIRST, TWO THOUSAND SIXTEEN. THE FINAL REPORT SHALL BE SUBMITTED
BY JANUARY FIRST, TWO THOUSAND EIGHTEEN.
S 17. Notwithstanding any inconsistent provision of law and subject to
the availability of federal financial participation, the commissioner of
health is authorized, within amounts appropriated, to distribute funds
to local governmental units, as defined in section 41.03 of the mental
hygiene law, to Medicaid managed care plans certified by the department
of health, health homes designated by such department, and individual
behavioral health providers and consortiums of such providers licensed
or certified by the office of mental health or the office of alcoholism
and substance abuse services to prepare for the transition of adult and
children's behavioral health providers and services into managed care.
The use of such funds may include, but not be limited to, infrastructure
and organizational modifications and investments in health information
technology and training and technical assistance. Such funds shall be
distributed pursuant to a plan to be developed by the commissioner of
health, in consultation with the commissioners of the office of mental
health and the office of alcoholism and substance abuse services. In
developing such plan, such commissioners may take into account the size
and scope of a grantee's operations as a factor relevant to eligibility
for, and the amount of, such funds. The commissioner of health is
authorized to audit recipients of funds under this section to ensure
compliance and to recoup any funds determined to have been used for
purposes other than as described herein or otherwise approved by such
commissioners.
S 18. Intentionally omitted.
S 19. Paragraph (i) of subdivision 38 of section 2 of the social
services law, as added by section 63 of part H of chapter 59 of the laws
of 2011, is amended to read as follows:
(i) "Participating provider" means a certified home health agency,
long term home health agency or personal care provider with total medi-
caid reimbursements, INCLUDING REIMBURSEMENTS THROUGH THE MANAGED CARE
PROGRAM ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF
THIS CHAPTER, exceeding fifteen million dollars per calendar year.
S 20. The opening paragraph of section 363-e of the social services
law, as added by section 64 of part H of chapter 59 of the laws of 2011,
is amended to read as follows:
THE DEPARTMENT OF HEALTH AND THE OFFICE OF THE MEDICAID INSPECTOR
GENERAL SHALL JOINTLY DEVELOP REQUIREMENTS FOR PRECLAIM REVIEW. Every
service or item within a claim OR ENCOUNTER submitted by a participating
provider shall be reviewed and verified by a verification organization
prior to submission of a claim OR ENCOUNTER to the department of health
OR TO A MANAGED CARE PROVIDER AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE. The verifica-
tion organization shall declare each service or item to be verified or
unverified. Each participating provider shall receive and maintain
reports from the verification organization which shall contain data on:
S 20-a. The public health law is amended by adding a new section
3614-e to read as follows:
S 3614-E. PAYMENT OF CLAIMS. 1. THIS SECTION SHALL APPLY TO ANY PAYER
UNDER ARTICLE FORTY-FOUR OF THIS CHAPTER OR ARTICLE THIRTY-TWO OR
FORTY-THREE OF THE INSURANCE LAW, IN RELATION TO ANY CLAIM FOR PAYMENT
FOR SERVICES UNDER THIS ARTICLE.
A. 8558--C 137
2. THE PAYER SHALL PAY A CLEAN CLAIM (A) WITHIN THIRTY DAYS OF RECEIPT
OF A CLAIM THAT IS TRANSMITTED VIA THE INTERNET OR ELECTRONIC MAIL, OR
(B) WITHIN FORTY-FIVE DAYS OF RECEIPT OF A CLAIM THAT IS SUBMITTED BY
OTHER MEANS, SUCH AS PAPER OR FACSIMILE.
3. THE PAYER SHALL PAY ANY UNDISPUTED PORTION OF A CLAIM AS A CLEAN
CLAIM AS SET FORTH IN SUBDIVISION TWO OF THIS SECTION. THE PAYER SHALL
NOTIFY A PROVIDER UNDER THIS ARTICLE IN WRITING WITHIN FIFTEEN CALENDAR
DAYS OF THE RECEIPT OF AN INITIAL CLAIM OF ALL SPECIFIC DEFECTS OR
DISPUTES OF SUCH CLAIM AND SPECIFICALLY REQUEST IN WRITING THE ADDI-
TIONAL INFORMATION OR REMEDY NEEDED TO PROCESS ANY DISPUTED PORTIONS OF
THE CLAIM. NO FURTHER DEFECT OR DISPUTE OF THE CLAIM MAY BE ASSERTED BY
THE PAYER, UNLESS IT IS ASSERTED ON THE BASIS OF NEW INFORMATION RELAT-
ING TO THE CLAIM THAT THE PAYER DID NOT KNOW AND COULD NOT REASONABLY
HAVE KNOWN PRIOR TO THE NOTIFICATION.
4. ANY DISPUTED CLAIM REMEDIED SHALL BE PAID AS A CLEAN CLAIM UNDER
SUBDIVISION ONE OF THIS SECTION.
5. "CLEAN CLAIM" FOR THE PURPOSES OF THIS SECTION MEANS A CLAIM FOR
PAYMENT FOR SERVICES UNDER THIS ARTICLE FOR WHICH THE PAYER IS OBLIGATED
TO PROVIDE PAYMENT AND THAT SHALL:
(A) IDENTIFY THE LICENSED HOME CARE SERVICES AGENCY, CERTIFIED HOME
HEALTH AGENCY OR LONG TERM HOME HEALTH CARE PROGRAM THAT IS SUBMITTING
THE CLAIM OR PROVIDED THE SERVICE;
(B) SUFFICIENTLY IDENTIFY THE ELIGIBLE COVERED PERSON, THE NATURE OF
THE SERVICES AND LIST THE DATE AND PLACE OF SERVICE;
(C) SUBSTANTIATE THE APPROPRIATENESS OF THE SERVICE PROVIDED;
(D) IF PRIOR AUTHORIZATION IS REQUIRED FOR SUCH ELIGIBLE COVERED
PERSON AND SERVICE, STATE THAT SUCH PRIOR AUTHORIZATION WAS OBTAINED;
(E) INCLUDE DOCUMENTATION AS REASONABLY REQUIRED BY THE PAYER.
6. EACH CLEAN CLAIM OR PAYMENT FOR SERVICES PROCESSED IN VIOLATION OF
THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION OF THIS SECTION.
S 20-b. Subdivision 6 of section 2530 of the public health law, as
added by section 33-a of part C of chapter 58 of the laws of 2008, is
amended to read as follows:
6. Nurse-family partnership program services provided by a provider to
an eligible participant under this section shall be deemed to be medical
assistance services under title eleven of article five of the social
services law. A NURSE-FAMILY PARTNERSHIP PROGRAM THAT IS ESTABLISHED AND
IS PROVIDING SERVICES IN ACCORDANCE WITH THIS SECTION SHALL NOT BE
REQUIRED TO BE LICENSED OR CERTIFIED IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE THIRTY-SIX OF THIS CHAPTER. The commissioner may establish,
subject to the approval of the director of the division of the budget,
rates of payment to nurse-family partnership providers for providing
nurse-family partnership program services.
S 20-c. The public health law is amended by adding a new section
3614-d to read as follows:
S 3614-D. CONTRACTS WITH HOME CARE SERVICES AGENCIES. SUBJECT TO THE
AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, A MANAGED LONG TERM
CARE PROGRAM UNDER SECTION FORTY-FOUR THOUSAND THREE-F OF THIS CHAPTER
OR A MANAGED CARE PROVIDER UNDER SECTION THREE HUNDRED SIXTY-FOUR-J OF
THE SOCIAL SERVICES LAW, WHEN PROVIDING HOME CARE SERVICES MAY CONTRACT
WITH A HOME CARE SERVICES AGENCY CERTIFIED OR LICENSED UNDER THIS ARTI-
CLE. THE COMMISSIONER SHALL SUBMIT ANY NECESSARY WAIVER APPLICATION OR
PLAN AMENDMENT TO THE FEDERAL GOVERNMENT TO IMPLEMENT THE PROVISIONS OF
THIS SECTION AND TO OBTAIN FEDERAL FINANCIAL PARTICIPATION.
S 21. Intentionally omitted.
S 22. Intentionally omitted.
A. 8558--C 138
S 23. Subdivision 2-c of section 2808 of the public health law is
amended by adding a new paragraph (e) to read as follows:
(E) WITH THE EXCEPTION OF THOSE ENROLLEES COVERED UNDER A PAYMENT RATE
METHODOLOGY AGREEMENT NEGOTIATED WITH A RESIDENTIAL HEALTH CARE FACILI-
TY, PAYMENTS FOR INPATIENT RESIDENTIAL HEALTH CARE FACILITY SERVICES
PROVIDED TO PATIENTS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW MADE BY ORGANIZATIONS
OPERATING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FORTY-FOUR OF
THIS CHAPTER OR BY HEALTH MAINTENANCE ORGANIZATIONS ORGANIZED AND OPER-
ATING IN ACCORDANCE WITH ARTICLE FORTY-THREE OF THE INSURANCE LAW, SHALL
BE THE RATES OF PAYMENT THAT WOULD BE PAID FOR SUCH PATIENTS UNDER THE
MEDICAL ASSISTANCE PROGRAM AS DETERMINED PURSUANT TO THIS SUBDIVISION
AND APPLICABLE TO SERVICES PROVIDED AS AT THE TIME SUCH SERVICES WERE
PROVIDED. THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO PAYMENTS
FOR PATIENTS WHOSE PLACEMENT IN A RESIDENTIAL HEALTH CARE FACILITY IS
FOR THE PURPOSE OF RECEIVING TIME-LIMITED REHABILITATION SERVICES, TO BE
FOLLOWED BY DISCHARGE FROM THE FACILITY.
S 24. Intentionally omitted.
S 25. Section 3605 of the public health law is amended by adding a new
subdivision 14 to read as follows:
14. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO THE
AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND
AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER IS AUTHORIZED
TO MAKE TEMPORARY PERIODIC LUMP-SUM MEDICAID PAYMENTS TO LICENSED HOME
CARE SERVICE AGENCIES ("LHCSA") PRINCIPALLY ENGAGED IN PROVIDING HOME
HEALTH SERVICES TO MEDICAID PATIENTS, IN ACCORDANCE WITH THE FOLLOWING:
(A) ELIGIBLE LHCSA PROVIDERS SHALL INCLUDE:
(I) PROVIDERS UNDERGOING CLOSURE OR SUBSTANTIAL REDUCTION IN THE
VOLUME OF CARE;
(II) PROVIDERS IMPACTED BY THE CLOSURE OF OTHER HEALTH CARE PROVIDERS;
(III) PROVIDERS SUBJECT TO MERGERS, ACQUISITIONS, CONSOLIDATIONS OR
RESTRUCTURING;
(IV) PROVIDERS IMPACTED BY THE MERGER, ACQUISITION, CONSOLIDATION OR
RESTRUCTURING OF OTHER HEALTH CARE PROVIDERS; OR
(V) PROVIDERS SEEKING TO ENSURE THAT ACCESS TO CARE IS MAINTAINED OR
INCREASED.
(B) PROVIDERS SEEKING MEDICAID PAYMENTS UNDER THIS SUBDIVISION SHALL
DEMONSTRATE THROUGH SUBMISSION OF A WRITTEN PROPOSAL TO THE COMMISSIONER
THAT THE ADDITIONAL RESOURCES PROVIDED BY SUCH MEDICAID PAYMENTS WILL
ACHIEVE ONE OR MORE OF THE FOLLOWING:
(I) PROTECT OR ENHANCE ACCESS TO CARE;
(II) PROTECT OR ENHANCE QUALITY OF CARE;
(III) IMPROVE THE COST EFFECTIVENESS OF THE DELIVERY OF HEALTH CARE
SERVICES; OR
(IV) OTHERWISE PROTECT OR ENHANCE THE HEALTH CARE DELIVERY SYSTEM, AS
DETERMINED BY THE COMMISSIONER.
(C) (I) SUCH WRITTEN PROPOSAL SHALL BE SUBMITTED TO THE COMMISSIONER
AT LEAST SIXTY DAYS PRIOR TO THE REQUESTED COMMENCEMENT OF SUCH MEDICAID
PAYMENTS AND SHALL INCLUDE A PROPOSED BUDGET TO ACHIEVE THE GOALS OF THE
PROPOSAL. ANY MEDICAID PAYMENTS ISSUED PURSUANT TO THIS SUBDIVISION
SHALL BE MADE OVER A SPECIFIED PERIOD OF TIME, AS DETERMINED BY THE
COMMISSIONER, OF UP TO THREE YEARS. AT THE END OF THE SPECIFIED TIME-
FRAME SUCH PAYMENTS SHALL CEASE. THE COMMISSIONER MAY ESTABLISH, AS A
CONDITION OF RECEIVING SUCH MEDICAID PAYMENTS, BENCHMARKS AND GOALS TO
BE ACHIEVED IN CONFORMITY WITH THE PROVIDER'S WRITTEN PROPOSAL AS
APPROVED BY THE COMMISSIONER AND MAY ALSO REQUIRE THAT THE PROVIDER
A. 8558--C 139
SUBMIT SUCH PERIODIC REPORTS CONCERNING THE ACHIEVEMENT OF SUCH BENCH-
MARKS AND GOALS AS THE COMMISSIONER DEEMS NECESSARY. FAILURE TO ACHIEVE
SATISFACTORY PROGRESS, AS DETERMINED BY THE COMMISSIONER, IN ACCOMPLISH-
ING SUCH BENCHMARKS AND GOALS SHALL BE A BASIS FOR ENDING THE PROVIDER'S
MEDICAID PAYMENTS PRIOR TO THE END OF THE SPECIFIED TIMEFRAME.
(II) THE COMMISSIONER MAY REQUIRE THAT APPLICATIONS SUBMITTED PURSUANT
TO THIS SUBDIVISION BE SUBMITTED IN RESPONSE TO AND IN ACCORDANCE WITH A
REQUEST FOR APPLICATIONS OR A REQUEST FOR PROPOSALS ISSUED BY THE
COMMISSIONER.
S 25-a. Section 365-f of the social services law is amended by adding
a new subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO THE
AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND
AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER IS AUTHORIZED
TO MAKE TEMPORARY PERIODIC LUMP-SUM MEDICAID PAYMENTS TO FISCAL INTERME-
DIARIES PRINCIPALLY ENGAGED IN PROVIDING CONSUMER DIRECTED PERSONAL
ASSISTANCE SERVICES TO MEDICAID PATIENTS, IN ACCORDANCE WITH THE FOLLOW-
ING:
(A) ELIGIBLE FISCAL INTERMEDIARIES SHALL INCLUDE:
(I) PROVIDERS UNDERGOING CLOSURE OR SUBSTANTIAL REDUCTION IN THE
VOLUME OF CARE;
(II) PROVIDERS IMPACTED BY THE CLOSURE OF OTHER HEALTH CARE PROVIDERS;
(III) PROVIDERS SUBJECT TO MERGERS, ACQUISITIONS, CONSOLIDATIONS OR
RESTRUCTURING;
(IV) PROVIDERS IMPACTED BY THE MERGER, ACQUISITION, CONSOLIDATION OR
RESTRUCTURING OF OTHER HEALTH CARE PROVIDERS;
(V) PROVIDERS SEEKING TO ENSURE THAT ACCESS TO CARE IS MAINTAINED OR
INCREASED; OR
(VI) ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, PROVIDERS
IMPACTED BY CHANGES TO THE FAIR LABOR STANDARDS ACT REQUIRING OVERTIME
PAY FOR PERSONAL ASSISTANTS WORKING IN EXCESS OF FORTY HOURS PER WEEK.
(B) PROVIDERS SEEKING MEDICAID PAYMENTS UNDER THIS SUBDIVISION SHALL
DEMONSTRATE THROUGH SUBMISSION OF A WRITTEN PROPOSAL TO THE COMMISSIONER
THAT THE ADDITIONAL RESOURCES PROVIDED BY SUCH MEDICAID PAYMENTS WILL
ACHIEVE ONE OR MORE OF THE FOLLOWING:
(I) PROTECT OR ENHANCE ACCESS TO CARE;
(II) PROTECT OR ENHANCE QUALITY OF CARE;
(III) IMPROVE THE COST EFFECTIVENESS OF THE DELIVERY OF HEALTH CARE
SERVICES; OR
(IV) OTHERWISE PROTECT OR ENHANCE THE HEALTH CARE DELIVERY SYSTEM, AS
DETERMINED BY THE COMMISSIONER.
(C)(I) SUCH WRITTEN PROPOSAL SHALL BE SUBMITTED TO THE COMMISSIONER AT
LEAST SIXTY DAYS PRIOR TO THE REQUESTED COMMENCEMENT OF SUCH MEDICAID
PAYMENTS AND SHALL INCLUDE A PROPOSED BUDGET TO ACHIEVE THE GOALS OF THE
PROPOSAL. ANY MEDICAID PAYMENTS ISSUED PURSUANT TO THIS SUBDIVISION
SHALL BE MADE OVER A SPECIFIED PERIOD OF TIME, AS DETERMINED BY THE
COMMISSIONER, OF UP TO THREE YEARS. AT THE END OF THE SPECIFIED
TIME-FRAME SUCH PAYMENTS SHALL CEASE. THE COMMISSIONER MAY ESTABLISH, AS
A CONDITION OF RECEIVING SUCH MEDICAID PAYMENTS, BENCHMARKS AND GOALS TO
BE ACHIEVED IN CONFORMITY WITH THE PROVIDER'S WRITTEN PROPOSAL AS
APPROVED BY THE COMMISSIONER AND MAY ALSO REQUIRE THAT THE PROVIDER
SUBMIT SUCH PERIODIC REPORTS CONCERNING THE ACHIEVEMENT OF SUCH BENCH-
MARKS AND GOALS AS THE COMMISSIONER DEEMS NECESSARY. FAILURE TO ACHIEVE
SATISFACTORY PROGRESS, AS DETERMINED BY THE COMMISSIONER, IN ACCOMPLISH-
ING SUCH BENCHMARKS AND GOALS SHALL BE A BASIS FOR ENDING THE PROVIDER'S
MEDICAID PAYMENTS PRIOR TO THE END OF THE SPECIFIED TIMEFRAME.
A. 8558--C 140
(II) THE COMMISSIONER MAY REQUIRE THAT APPLICATIONS SUBMITTED PURSUANT
TO THIS SUBDIVISION BE SUBMITTED IN RESPONSE TO AND IN ACCORDANCE WITH A
REQUEST FOR APPLICATIONS OR A REQUEST FOR PROPOSALS ISSUED BY THE
COMMISSIONER.
S 26. Section 3614 of the public health law is amended by adding a new
subdivision 14 to read as follows:
14. (A) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO
THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND
AFTER MARCH FIRST, TWO THOUSAND FOURTEEN THE COMMISSIONER SHALL ADJUST
MEDICAID RATES OF PAYMENT FOR SERVICES PROVIDED BY CERTIFIED HOME HEALTH
AGENCIES TO ADDRESS COST INCREASES STEMMING FROM THE WAGE INCREASES
REQUIRED BY IMPLEMENTATION OF THE PROVISIONS OF SECTION THIRTY-SIX
HUNDRED FOURTEEN-C OF THIS ARTICLE. SUCH RATE ADJUSTMENTS SHALL BE BASED
ON A COMPARISON, AS DETERMINED BY THE COMMISSIONER, OF THE HOURLY
COMPENSATION LEVELS FOR HOME HEALTH AIDES AND PERSONAL CARE AIDES AS
REFLECTED IN THE EXISTING MEDICAID RATES FOR CERTIFIED HOME HEALTH AGEN-
CIES TO THE HOURLY COMPENSATION LEVELS INCURRED AS A RESULT OF COMPLYING
WITH THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS
ARTICLE.
(B) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW AND SUBJECT TO THE
AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND
AFTER MARCH FIRST, TWO THOUSAND FOURTEEN THE COMMISSIONER SHALL ADJUST
MEDICAID RATES OF PAYMENT FOR SERVICES PROVIDED BY LONG TERM HOME HEALTH
CARE PROGRAMS TO ADDRESS COST INCREASES STEMMING FROM THE WAGE INCREASES
REQUIRED BY IMPLEMENTATION OF THE PROVISIONS OF SECTION THIRTY-SIX
HUNDRED FOURTEEN-C OF THIS ARTICLE. SUCH RATE ADJUSTMENTS SHALL BE BASED
ON A COMPARISON, AS DETERMINED BY THE COMMISSIONER, OF THE HOURLY
COMPENSATION LEVELS FOR HOME HEALTH AIDES AND PERSONAL CARE AIDES AS
REFLECTED IN THE EXISTING MEDICAID RATES FOR LONG TERM HOME HEALTH CARE
PROGRAMS TO THE HOURLY COMPENSATION LEVELS INCURRED AS A RESULT OF
COMPLYING WITH THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED FOURTEEN-C
OF THIS ARTICLE.
S 26-a. Section 4406-c of the public health law is amended by adding a
new subdivision 9 to read as follows:
9. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, CONTRACTS
WITH NURSING HOMES SHALL REQUIRE THAT SUFFICIENT RESOURCES BE MADE
AVAILABLE BY A HEALTH CARE PLAN FOR STANDARD RATES OF COMPENSATION WHICH
SHALL BE PAID TO AN ADEQUATE NUMBER OF EMPLOYEES PROVIDING INPATIENT
NURSING HOME SERVICES, INCLUDING NURSES, NURSING AIDES, ORDERLIES,
ATTENDANTS, THERAPISTS AND, IN ADDITION, TO ANY OTHER OCCUPATIONS DETER-
MINED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
LABOR, TO PROVIDE INPATIENT NURSING HOME SERVICES.
(B) SUCH STANDARD RATES OF COMPENSATION SHALL INCLUDE A BASIC HOURLY
CASH RATE OF PAY AND A SUPPLEMENTAL BENEFIT RATE, WHICH MAY BE PAID OR
PROVIDED; SUCH RATES SHALL BE ANNUALLY DETERMINED BY THE COMMISSIONER OF
LABOR, IN CONSULTATION WITH THE COMMISSIONER, UTILIZING WAGE AND FRINGE
BENEFIT DATA FROM VARIOUS SOURCES, INCLUDING BUT NOT LIMITED TO DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES AND TO
ACCOUNT FOR REGIONAL DIFFERENCES IN RELEVANT ECONOMIC FACTORS.
(C) THE COMMISSIONER SHALL DISTRIBUTE NOTICE OF SUCH RATES TO ALL SUCH
NURSING HOMES, WHICH SHALL BE DEEMED TO BE A TERM OF, AND INCLUDED AS
PART OF, ALL CONTRACTS SUBJECT TO THIS SECTION.
(D) A FAILURE TO COMPLY WITH THESE PROVISIONS OF THIS SUBDIVISION OR
WITH REGULATIONS PROMULGATED THEREUNDER SHALL SUBJECT NON-COMPLIANT
EMPLOYERS TO THE SANCTIONS AND ENFORCEMENT PROCESSES SET FORTH IN THE
LABOR LAW AND REGULATIONS FOR A FAILURE TO PAY WAGES OR TO PAY OR
A. 8558--C 141
PROVIDE SUPPLEMENTS, IN ADDITION TO ANY PENALTIES AVAILABLE UNDER THIS
TITLE.
(E) IN THE EVENT THE COMMISSIONER DETERMINES, IN CONSULTATION WITH THE
COMMISSIONER OF LABOR, THAT A NURSING HOME IS MATERIALLY OUT OF COMPLI-
ANCE WITH THE PROVISIONS OF THIS SUBDIVISION THE COMMISSIONER SHALL
REQUIRE THAT SUCH NURSING HOME NOT ACCEPT NEW ADMISSIONS PENDING REMEDI-
ATION OF SUCH NON-COMPLIANCE, PROVIDED, HOWEVER, THAT THE COMMISSIONER
MAY WAIVE SUCH ACTION IF THE COMMISSIONER DETERMINES THAT CONTINUED
ADMISSIONS TO SUCH NURSING HOME IS REQUIRED TO MAINTAIN SUFFICIENT
ACCESS TO NURSING HOMES SERVICES IN THE RELEVANT GEOGRAPHIC AREA.
(F) WHERE A HEALTH CARE PLAN IS NOT IN COMPLIANCE WITH THIS SUBDIVI-
SION, THE HEALTH CARE PLAN MAY BE SUBJECT TO ANY SANCTIONS OR PENALTIES
PERMITTED BY FEDERAL OR STATE LAWS AND REGULATIONS, INCLUDING REVOCATION
OF THE HEALTH CARE PLAN'S AGREEMENT TO PARTICIPATE IN THE MEDICAL
ASSISTANCE PROGRAM. THIS PARAGRAPH SHALL NOT PRECLUDE ANY OTHER RIGHT OR
REMEDY AVAILABLE TO ANY OTHER PARTY.
(G) THIS SUBDIVISION SHALL APPLY TO CONTRACTS WITH NURSING HOMES THAT
ARE SUBJECT TO REVIEW BY THE DEPARTMENT UNDER THIS ARTICLE THAT ARE
ISSUED, RENEWED, MODIFIED, ALTERED OR AMENDED ON OR AFTER OCTOBER FIRST,
TWO THOUSAND FOURTEEN.
(H) A HEALTH CARE PLAN THAT CONTRACTS WITH A NURSING HOME TO PROVIDE
SERVICES SHALL ANNUALLY SUBMIT WRITTEN CERTIFICATION TO THE DEPARTMENT
THAT IT IS IN COMPLIANCE WITH THIS SUBDIVISION. THE HEALTH CARE PLAN
SHALL ANNUALLY OBTAIN AND SUBMIT TO THE DEPARTMENT WRITTEN CERTIFICATION
FROM THE NURSING HOME AND ANY OF ITS LABOR SUBCONTRACTORS WHICH ATTESTS
THAT THE NURSING HOME AND THE SUBCONTRACTOR IS IN COMPLIANCE WITH THIS
SUBDIVISION. ALL SUCH WRITTEN CERTIFICATION SHALL BE ON FORMS PREPARED
BY THE DEPARTMENT. THE HEALTH CARE PLAN SHALL OBTAIN INFORMATION FROM
THE NURSING HOME AND ITS LABOR SUBCONTRACTORS NECESSARY TO VERIFY
COMPLIANCE WITH THIS SUBDIVISION. SUCH INFORMATION SHALL BE RETAINED BY
THE HEALTH CARE PLAN FOR NOT LESS THAN THREE YEARS, AND MADE AVAILABLE
TO THE DEPARTMENT UPON REQUEST.
(I) THE COMMISSIONER AND THE COMMISSIONER OF LABOR MAY EACH PROMULGATE
REGULATIONS, IN CONSULTATION WITH EACH OTHER, TO IMPLEMENT THE
PROVISIONS OF THIS SUBDIVISION.
S 26-b. Subdivision 18 of section 364-j of the social services law is
amended by adding a new paragraph (c) to read as follows:
(C) IN SETTING SUCH REIMBURSEMENT METHODOLOGIES, THE DEPARTMENT SHALL
CONSIDER COSTS BORNE BY THE MANAGED CARE PROGRAM UNDER SUBDIVISIONS NINE
AND NINE-A OF SECTION FORTY-FOUR HUNDRED SIX-C OF THE PUBLIC HEALTH LAW.
S 26-c. Subdivision 8 of section 4403-f of the public health law, as
amended by section 21 of part C of chapter 58 of the laws of 2007, is
amended to read as follows:
8. Payment rates for managed long term care plan enrollees eligible
for medical assistance. The commissioner shall establish payment rates
for services provided to enrollees eligible under title XIX of the
federal social security act. Such payment rates shall be subject to
approval by the director of the division of the budget and shall reflect
savings to both state and local governments when compared to costs which
would be incurred by such program if enrollees were to receive compara-
ble health and long term care services on a fee-for-service basis in the
geographic region in which such services are proposed to be provided.
Payment rates shall be risk-adjusted to take into account the character-
istics of enrollees, or proposed enrollees, including, but not limited
to: frailty, disability level, health and functional status, age,
gender, the nature of services provided to such enrollees, and other
A. 8558--C 142
factors as determined by the commissioner. The risk adjusted premiums
may also be combined with disincentives or requirements designed to
mitigate any incentives to obtain higher payment categories. IN SETTING
SUCH PAYMENT RATES, THE COMMISSIONER SHALL CONSIDER COSTS BORNE BY THE
MANAGED CARE PROGRAM UNDER SUBDIVISIONS NINE AND NINE-A OF SECTION
FORTY-FOUR HUNDRED SIX-C OF THIS CHAPTER.
S 26-d. Section 4406-c of the public health law is amended by adding a
new subdivision 9-a to read as follows:
9-A. (A) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ANY
CONTRACT BY A HEALTH CARE PLAN WITH CERTIFIED HOME HEALTH AGENCIES, LONG
TERM HOME HEALTH CARE PROGRAMS, LICENSED HOME CARE SERVICES AGENCIES, OR
FISCAL INTERMEDIARIES IN THE CONSUMER DIRECTED PERSONAL ASSISTANCE
PROGRAM SHALL ENSURE THAT RESOURCES MADE AVAILABLE BY A HEALTH CARE PLAN
UNDER SUCH CONTRACTS WILL SUPPORT THE RETENTION OF A QUALIFIED WORKFORCE
CAPABLE OF PROVIDING QUALITY CARE.
(B) SUCH CONTRACTS SHALL REQUIRE THAT RATES SHALL: (I) IN THE CASE OF
CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS,
LICENSED HOME CARE SERVICES AGENCIES LICENSED OR CERTIFIED UNDER ARTICLE
THIRTY-SIX OF THIS CHAPTER, SUFFICIENTLY SUPPORT HOME CARE WORKER WAGE
PARITY COMPENSATION AS REQUIRED UNDER SECTION THIRTY-SIX HUNDRED FOUR-
TEEN-C OF THIS CHAPTER; RECRUITMENT, TRAINING AND RETENTION OF DIRECT
CARE PERSONNEL, INCLUDING WAGE, SALARY AND A SUPPLEMENTAL-BENEFIT RATE,
WHICH MAY BE PROVIDED IN ANY COMBINATION OF CASH OR BENEFITS, IN BOTH
WAGE PARITY AND NON-WAGE PARITY REGIONS, THE COSTS FOR WHICH SHALL BE
DEMONSTRATED BY SUCH AGENCIES, AND THE PROVISION OF PAYMENTS TO SUCH
AGENCIES AND PROGRAMS UNDER PARAGRAPH (BB) OF SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVEN-V OF THIS CHAPTER, SUBDIVISIONS EIGHT, NINE
AND TEN OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAPTER AND
SECTION THREE HUNDRED SIXTY-SEVEN-Q OF THE SOCIAL SERVICES LAW; ALL AS
APPLICABLE; AND
(II) IN THE CASE OF THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM,
SUPPORT FISCAL INTERMEDIARIES TO COMPENSATE CONSUMER DIRECTED PERSONAL
ASSISTANTS UNDER THE PROGRAM INCLUDING WAGE, SALARY AND A SUPPLEMENTAL
BENEFIT RATE, WHICH MAY BE PROVIDED IN ANY COMBINATION OF CASH OR BENE-
FITS. NOTHING CONTAINED IN THIS SUBDIVISION SHALL SUPERSEDE OR DIMINISH
THE TERMS OF A COLLECTIVE BARGAINING AGREEMENT.
(C) WHERE A HEALTH CARE PLAN IS NOT IN COMPLIANCE WITH THIS SUBDIVI-
SION, THE HEALTH CARE PLAN MAY BE SUBJECT TO ANY SANCTIONS OR PENALTIES
PERMITTED BY FEDERAL OR STATE LAWS AND REGULATIONS, INCLUDING REVOCATION
OF THE HEALTH CARE PLAN'S AGREEMENT TO PARTICIPATE IN THE MEDICAL
ASSISTANCE PROGRAM. FOR THOSE PATIENTS AFFECTED BY A HEALTH CARE PLAN'S
NONCOMPLIANCE WITH THIS SUBDIVISION, THE COMMISSIONER SHALL ENSURE THAT
SUCH PATIENTS WILL BE IMMEDIATELY COVERED BY ANOTHER MANAGED HEALTH CARE
PLAN OR FEE FOR SERVICE. THIS PARAGRAPH SHALL NOT PRECLUDE ANY OTHER
RIGHT OR REMEDY AVAILABLE TO ANY OTHER PARTY.
(D) A HEALTH CARE PLAN THAT CONTRACTS WITH CERTIFIED HOME HEALTH AGEN-
CIES, LONG TERM HOME HEALTH CARE PROGRAMS, LICENSED HOME CARE SERVICES
AGENCIES, OR FISCAL INTERMEDIARIES IN THE CONSUMER DIRECTED PERSONAL
ASSISTANCE PROGRAM SHALL ANNUALLY SUBMIT WRITTEN CERTIFICATION TO THE
DEPARTMENT THAT IT IS IN COMPLIANCE WITH THIS SUBDIVISION AND THAT EACH
SUCH HOME CARE PROVIDER OR FISCAL INTERMEDIARY WITH WHICH IT CONTRACTS
IS IN COMPLIANCE WITH THIS SUBDIVISION. THE HEALTH CARE PLAN SHALL ANNU-
ALLY OBTAIN AND SUBMIT TO THE DEPARTMENT WRITTEN CERTIFICATION FROM SUCH
HOME CARE PROVIDER OR FISCAL INTERMEDIARY AND ANY OF ITS LABOR SUBCON-
TRACTORS WHICH ATTESTS THAT THE ENTITY AND THE SUBCONTRACTOR IS IN
COMPLIANCE WITH THIS SUBDIVISION. ALL SUCH WRITTEN CERTIFICATIONS SHALL
A. 8558--C 143
BE ON FORMS PREPARED BY THE DEPARTMENT. THE HEALTH CARE PLAN SHALL
OBTAIN INFORMATION FROM THE HOME CARE PROVIDER OR FISCAL INTERMEDIARY
AND THEIR LABOR SUBCONTRACTORS NECESSARY TO VERIFY COMPLIANCE WITH THIS
SUBDIVISION. SUCH INFORMATION SHALL BE RETAINED BY THE HEALTH CARE PLAN
FOR NOT LESS THAN THREE YEARS, AND MADE AVAILABLE TO THE DEPARTMENT UPON
REQUEST.
(E) A FAILURE BY A HOME CARE PROVIDER OR FISCAL INTERMEDIARY TO COMPLY
WITH THIS SUBDIVISION OR WITH REGULATIONS THEREUNDER, WHERE THE HEALTH
PLAN CONTRACT IS DETERMINED TO BE IN COMPLIANCE WITH THIS SUBDIVISION,
SHALL SUBJECT THE NON-COMPLIANT EMPLOYER OR CONTRACTOR TO THE SANCTIONS
AND ENFORCEMENT PROCESSES SET FORTH IN THE LABOR LAW OR PENALTIES AVAIL-
ABLE UNDER THIS ARTICLE OR SECTION THREE HUNDRED SIXTY-THREE-D OF THE
SOCIAL SERVICES LAW.
S 27. Intentionally omitted.
S 27-a. Subdivision 2 of section 365-a of the social services law is
amended by adding a new paragraph (bb) to read as follows:
(BB) SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION,
SERVICES AND SUPPORTS AUTHORIZED BY THE FEDERAL REGULATIONS GOVERNING
THE HOME AND COMMUNITY-BASED ATTENDANT SERVICES AND SUPPORTS STATE PLAN
OPTION (COMMUNITY FIRST CHOICE) PURSUANT TO 42 U.S.C. S 1396N(K).
S 27-b. Section 365-f of the social services law is amended by adding
a new subdivision 8 to read as follows:
8. SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, THE
PROVISIONS OF THIS SECTION GOVERNING CONSUMER DIRECTED PERSONAL ASSIST-
ANCE SERVICES SHALL REMAIN APPLICABLE TO SUCH SERVICES TO THE EXTENT
OFFERED UNDER THE HOME AND COMMUNITY-BASED ATTENDANT SERVICES AND
SUPPORTS STATE PLAN OPTION (COMMUNITY FIRST CHOICE) PURSUANT TO 42
U.S.C. S 1396N(K).
S 27-c. Subparagraph (iii) of paragraph a of subdivision 1 of section
6908 of the education law, as amended by chapter 160 of the laws of
2003, is amended to read as follows:
(iii) the providing of care by a person acting in the place of a
person exempt under clause (i) of this paragraph, but who does hold
himself or herself out as one who accepts employment for performing such
care, where nursing services are under the instruction of a licensed
nurse, or under the instruction of a patient or family or household
member determined by a registered professional nurse to be self-direct-
ing and capable of providing such instruction, and [any remuneration is]
SERVICES ARE provided under section three hundred sixty-five-f of the
social services law; or
S 27-d. Intentionally omitted.
S 27-e. Intentionally omitted.
S 27-f. Intentionally omitted.
S 27-g. Intentionally omitted.
S 27-h. Intentionally omitted.
S 28. Subdivision 35 of section 2807-c of the public health law is
amended by adding a new paragraph (j) to read as follows:
(J) NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, WITH REGARD TO
INPATIENT AND OUTPATIENT MEDICAID RATES OF PAYMENT FOR GENERAL HOSPITAL
SERVICES, THE COMMISSIONER MAY MAKE SUCH ADJUSTMENTS TO SUCH RATES AND
TO THE METHODOLOGY FOR COMPUTING SUCH RATES AS IS NECESSARY TO ACHIEVE
NO AGGREGATE, NET INCREASE OR DECREASE IN OVERALL MEDICAID EXPENDITURES
RELATED TO THE IMPLEMENTATION OF THE INTERNATIONAL CLASSIFICATION OF
DISEASES VERSION 10 (ICD-10) CODING SYSTEM ON OR ABOUT OCTOBER FIRST,
TWO THOUSAND FOURTEEN, AS COMPARED TO SUCH AGGREGATE EXPENDITURES FROM
THE TWELVE MONTH PERIOD IMMEDIATELY PRIOR TO SUCH IMPLEMENTATION.
A. 8558--C 144
S 29. Intentionally omitted.
S 30. Intentionally omitted.
S 31. Intentionally omitted.
S 32. Paragraph (c) of subdivision 35 of section 2807-c of the public
health law, as amended by section 26 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
(c) The base period reported costs and statistics used for rate-set-
ting for operating cost components, including the weights assigned to
diagnostic related groups, shall be updated no less frequently than
every four years and the new base period shall be no more than four
years prior to the first applicable rate period that utilizes such new
base period provided, however, that the first updated base period shall
begin on [January] OR AFTER APRIL first, two thousand [fourteen]
FIFTEEN.
S 32-a. Subparagraph (iv) of paragraph (e-2) of subdivision 4 of
section 2807-c of the public health law is amended by adding a new
clause (E) to read as follows:
(E) SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION,
FOR ALL RATE PERIODS ON AND AFTER JULY FIRST, TWO THOUSAND FOURTEEN, THE
OPERATING AND OTHER COMPONENTS OF RATES (OTHER THAN CAPITAL) OF HOSPI-
TALS SUBJECT TO THIS SUBPARAGRAPH SHALL BE DETERMINED BY THE COMMISSION-
ER, WITHOUT REGULATIONS, ON A GLOBAL BUDGET BASIS AS A DEMONSTRATION
PROJECT.
FOR THE PURPOSES OF THIS CLAUSE, A GLOBAL BUDGET SHALL BE DEFINED AS A
PRE-DETERMINED FIXED FEE ANNUAL SUM IN AN AMOUNT DETERMINED BY THE
COMMISSIONER BASED ON FACTORS WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO,
A BASE YEAR OR NEGOTIATED FIRST YEAR PAYMENT, INCLUDING ONE OR MORE
ADJUSTMENTS AS THE COMMISSIONER DEEMS APPROPRIATE. THE GLOBAL BUDGET
SHALL INCLUDE ALL SERVICES RENDERED BY SUCH FACILITY INCLUDING, BUT NOT
LIMITED TO, INPATIENT, OUTPATIENT, SPECIALTY OUTPATIENT, AND PHYSICIAN
SERVICES. THE SERVICES PROVIDED PURSUANT TO THE GLOBAL BUDGET AGREEMENT
MAY INCLUDE CARE COORDINATION SERVICES BUT PAYMENT FOR CARE COORDINATION
SERVICES MAY BE EXCLUDED FROM THE GLOBAL BUDGET. THE GLOBAL BUDGET MAY
INCLUDE SUPPLEMENTAL PAYMENTS FOR SURPASSING QUALITY BENCHMARKS AND
PAYMENT REDUCTIONS FOR FAILURE TO ACHIEVE QUALITY BENCHMARKS. THE GLOBAL
BUDGET SHALL INCLUDE A LIMITED SET OF ADJUSTMENTS TO THE FIXED FEE ANNU-
AL SUM, IN THE EVENT OF UNEXPECTED AND SIGNIFICANT FLUCTUATIONS IN THE
NUMBER OF PATIENTS, RANGE OF SERVICES PROVIDED, OR COSTS OF SERVICES.
REMITTANCE OF THE GLOBAL BUDGET FUNDS SHALL BE PURSUANT TO ONE OR MORE
METHODS AS DETERMINED IN THE DISCRETION OF THE COMMISSIONER. REMITTANCE
METHODS MAY INCLUDE, BUT ARE NOT LIMITED TO, REMITTANCE BY HEALTH PLANS
ON BEHALF OF MEDICAID MANAGED CARE PLAN ENROLLEES ON A PER MEMBER PER
MONTH BASIS, REMITTANCE BY THE COMMISSIONER ON BEHALF OF MEDICAID
MANAGED CARE ENROLLEES, AND REMITTANCE BY THE COMMISSIONER ON BEHALF OF
MEDICAID BENEFICIARIES NOT ENROLLED IN MANAGED CARE. GLOBAL BUDGET FUNDS
SHALL BE REMITTED PERIODICALLY ON A SCHEDULE DETERMINED BY THE COMMIS-
SIONER, PROVIDED THAT IF PAYMENTS ARE MADE BY THE COMMISSIONER ON A
WEEKLY OR MONTHLY BASIS THE PROVISIONS OF SUBSECTION (B) OF SECTION
ELEVEN HUNDRED NINE OF THE INSURANCE LAW SHALL NOT APPLY. REMITTANCE OF
GLOBAL BUDGET FUNDS MAY INCLUDE CAPITAL PAYMENTS EVEN IF CAPITAL AMOUNTS
WERE NOT DETERMINED UNDER THE GLOBAL BUDGET METHODOLOGY.
TO IMPLEMENT THE GLOBAL BUDGET THE COMMISSIONER MAY ENTER INTO A
GLOBAL BUDGET AGREEMENT WITH SUCH FACILITY, OR MAY ENCOURAGE OR DIRECT
HEALTH PLANS TO ENTER INTO SUCH AGREEMENTS. ANY AGREEMENT SHALL AUTHOR-
IZE THE COMMISSIONER TO TERMINATE THE AGREEMENT AT ANY TIME IF THE
COMMISSIONER DETERMINES THE QUALITY OF SERVICES RENDERED DOES NOT MEET
A. 8558--C 145
THE QUALITY STANDARDS PRESCRIBED IN THE AGREEMENT, OR DUE TO ANY OTHER
QUALITY DEFICIENCIES THE COMMISSIONER DETERMINES WARRANT TERMINATION.
THE GLOBAL BUDGET SHALL BE IN LIEU OF FEE FOR SERVICE CLAIMS PAYMENTS.
IN THE CASE OF THE COMMISSIONER'S PAYMENTS ON BEHALF OF MEDICAID BENEFI-
CIARIES NOT ENROLLED IN MANAGED CARE FEE FOR SERVICE PAYMENTS MAY, IN
THE COMMISSIONER'S DISCRETION, CONTINUE AND BE INCLUDED IN THE GLOBAL
BUDGET COMPUTATIONS IN A MANNER DETERMINED BY THE COMMISSIONER.
NOTWITHSTANDING THE GLOBAL BUDGET, IN THE CASE OF MEDICAID MANAGED
CARE PLAN ENROLLEES THE ENROLLEES SHALL REMAIN SUBJECT TO THE HEALTH
PLANS' OVERALL CARE MANAGEMENT OF THE PATIENT, AND THE TERMS OF NEGOTI-
ATED PARTICIPATING PROVIDER CONTRACTS SHALL CONTINUE TO APPLY, WITH THE
EXCEPTION OF PAYMENT PROVISIONS SUPERSEDED BY THE GLOBAL BUDGET.
ENCOUNTER FORMS (OR OTHER REPORTS PRESCRIBED BY THE COMMISSIONER) SHALL
BE SUBMITTED IN LIEU OF CLAIM FORMS FOR THE PURPOSE OF MONITORING
PATIENT USE OF CARE AT THE FACILITY. FOR THE PURPOSES OF PARAGRAPH (D)
OF SUBDIVISION SIX OF SECTION FORTY-FOUR HUNDRED THREE OF THIS CHAPTER,
THE FACILITY SHALL BE CONSIDERED AS A SPECIALTY CARE CENTER FOR
MEDICALLY FRAGILE CHILDREN TO WHICH HEALTH PLANS SHALL REFER MEDICALLY
FRAGILE ENROLLEES, WHEN APPROPRIATE. THE GLOBAL BUDGET AGREEMENT OR
AMENDMENT TO THE PARTICIPATING PROVIDER CONTRACT MAY CONTAIN SUCH OTHER
TERMS AS THE COMMISSIONER MAY PRESCRIBE REGARDING STANDARDS OF CARE FOR
PATIENTS SUBJECT TO THE GLOBAL BUDGET.
IN THE EVENT THE COMMISSIONER REMITS ALL GLOBAL BUDGET FUNDS TO THE
FACILITY, THE COMMISSIONER SHALL REMIT ALL SURCHARGE PAYMENTS DUE PURSU-
ANT TO SECTION TWENTY-EIGHT HUNDRED SEVEN-J OF THIS ARTICLE APPLICABLE
TO THE GLOBAL BUDGET. THE FACILITY SHALL REMIT ALL ASSESSMENT PAYMENTS
DUE PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION AND SECTION TWEN-
TY-EIGHT HUNDRED SEVEN-D OF THIS ARTICLE. IN THE CASE OF SURCHARGES OR
ASSESSMENTS AFFECTING LESS THAN ALL SERVICES INCLUDED IN THE GLOBAL
BUDGET, AN APPROPRIATE ESTIMATE OR ALLOCATION MAY BE MADE IN ACCORDANCE
WITH GUIDANCE ISSUED BY THE COMMISSIONER.
S 33. Subdivision 1 of section 92 of part H of chapter 59 of the laws
of 2011, amending the public health law and other laws relating to known
and projected department of health state fund medicaid expenditures, as
amended by section 3 of part A of chapter 56 of the laws of 2013, is
amended to read as follows:
1. For state fiscal years 2011-12 through [2014-15] 2015-16, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a monthly basis, as reflected in monthly reports pursuant to subdivi-
sion five of this section known and projected department of health state
funds medicaid expenditures by category of service and by geographic
regions, as defined by the commissioner, and if the director of the
budget determines that such expenditures are expected to cause medicaid
disbursements for such period to exceed the projected department of
health medicaid state funds disbursements in the enacted budget finan-
cial plan pursuant to subdivision 3 of section 23 of the state finance
law, the commissioner of health, in consultation with the director of
the budget, shall develop a medicaid savings allocation plan to limit
such spending to the aggregate limit level specified in the enacted
budget financial plan, provided, however, such projections may be
adjusted by the director of the budget to account for any changes in the
New York state federal medical assistance percentage amount established
pursuant to the federal social security act, changes in provider reven-
ues, reductions to local social services district medical assistance
administration, and beginning April 1, 2012 the operational costs of the
A. 8558--C 146
New York state medical indemnity fund. Such projections may be adjusted
by the director of the budget to account for increased or expedited
department of health state funds medicaid expenditures as a result of a
natural or other type of disaster, including a governmental declaration
of emergency.
S 34. Notwithstanding any contrary provision of law and subject to
the availability of federal financial participation, for state fiscal
years beginning on and after April 1, 2014, the commissioner of health,
in consultation with the director of the budget, shall, prior to January
first of each year, determine the extent of savings that have been
achieved as a result of the application of the provisions of sections 91
and 92 of part H of chapter 59 of the laws of 2011, as amended, and
shall further determine the availability of such savings for distrib-
ution during the first quarter of the subsequent state fiscal year. In
determining such savings the commissioner of health, in consultation
with the director of the budget, may exempt the medical assistance
administration program from distributions under this section. No later
than January fifteenth of each year, the commissioner of health shall
report to the chair of the senate finance committee, the chair of the
assembly ways and means committee, the chair of the senate health
committee, and the chair of the assembly health committee on any savings
determined pursuant to this section, including, but not limited to, an
itemized accounting of the categories of service responsible for the
savings, the primary programmatic reasons for the savings, if any, and
any extraordinary or non-recurring events that resulted in program
savings. Within amounts appropriated for this purpose, the commissioner
of health, in consultation with the director of the budget, may distrib-
ute funds up to an amount equal to such available savings in accordance
with an allocation plan that utilizes a methodology that distributes
such funds proportionately among providers in New York's Medicaid
program. Such allocation plan shall utilize three years of the most
recently available system-wide expenditure data reflecting both MMIS and
managed care encounters. The commissioner of health may impose minimum
threshold amounts in determining provider eligibility for distributions
pursuant to this section. No less than fifty percent of the amount
available for distribution shall be made available for the purpose of
assisting eligible providers utilizing the methodology outlined above.
No greater than fifty percent of the distributions pursuant to this
section shall be made available for the purposes of ensuring a minimum
level of assistance to financially distressed and critically needed
providers as identified by the commissioner. The amounts distributed
pursuant to this section shall be subject to annual appropriation which
shall specifically identify the amounts to be distributed pursuant to an
allocation plan and the amounts to be distributed to financially
distressed and critically needed providers. The commissioner of health
is authorized to seek such federal approvals as may be required to
effectuate the provisions of this section, including, but not limited
to, permit payment of such distributions as lump sums and to secure
waivers from otherwise applicable federal upper payment limit
restrictions on such payments. No later than July first of each year,
the commissioner of health shall report to the chair of the senate
finance committee and the chair of the assembly ways and means committee
on any disbursements made pursuant to this section, including but not
limited to, the service sector and provider specific distribution of
such funds, the criteria used to identify financially distressed and
A. 8558--C 147
critically needed providers, and the distributions made to such provid-
ers.
S 34-a. Subdivisions 20 and 21 of section 2807 of the public health
law, subdivision 20 as added by section 9 and subdivision 21 as added by
section 10 of part Q of chapter 56 of the laws of 2013, are amended to
read as follows:
20. Notwithstanding any contrary provision of law and subject to the
receipt of all necessary federal approvals and the availability of
federal financial participation, the commissioner is authorized to enter
into agreements with SUNY downstate medical center, other public general
hospitals, and/or with the sponsoring local governments of such other
public general hospitals, under which such facilities and/or such local
government shall, by intergovernmental transfer, fund the non-federal
share of Medicaid funds made available for Delivery System Reform Incen-
tive Payments ("DSRIPS") to such facilities. Such non-federal share
payments shall be deemed voluntary and, further, such payments shall be
excluded from computations made pursuant to section one of part C of
chapter fifty-eight of the laws of two thousand five, as amended. In
addition, the facilities, and/or the sponsoring local governments of
such facilities or the state may, by written notification to the other
parties to the agreement, cancel such agreement at any time prior to the
payment of the DSRIP funds. THE COMMISSIONER OF HEALTH SHALL REPORT
QUARTERLY TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE HEALTH
COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE ON ANY
PROJECTS, PROGRAMS OR INITIATIVES APPROVED PURSUANT TO THIS SECTION,
INCLUDING, BUT NOT LIMITED TO, THE PROVIDER-SPECIFIC FUNDING ALLO-
CATIONS, THE PROGRAMMATIC DETAILS AND GOALS OF EACH PROJECT, THE
PROJECT-SPECIFIC ALLOCATIONS AND DISTRIBUTIONS FOR THE PREVIOUS QUARTER,
ANY PROGRAMMATIC CHANGES MADE AS THE RESULT OF THIS SECTION, ANY STATE
SAVINGS GENERATED FROM APPROVED WAIVER PROJECTS OR OTHER RELATED INITI-
ATIVES, AND ANY OTHER INFORMATION DEEMED APPROPRIATE FOR THE PROPER
EVALUATION OF THESE PROJECTS.
21. Notwithstanding any contrary provision of law and subject to the
receipt of all necessary federal approvals and the availability of
federal financial participation, the commissioner is authorized to enter
into agreements with SUNY downstate medical center, other public general
hospitals, and/or with the sponsoring local governments of such other
public general hospitals, under which such facilities and/or such local
government shall, by intergovernmental transfer, fund the non-federal
share of Medicaid funds made available for implementation of Medicaid
Redesign Team initiatives. Such non-federal share payments shall be
deemed voluntary and, further, such payments shall be excluded from
computations made pursuant to section one of part C of chapter fifty-
eight of the laws of two thousand five, as amended. In addition, the
facilities, and/or the sponsoring local governments of such facilities
or the state may, by written notification to the other parties to the
agreement, cancel such agreement at any time prior to the payment of the
Medicaid Redesign Team initiatives funds. THE COMMISSIONER OF HEALTH
SHALL REPORT QUARTERLY TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE
HEALTH COMMITTEE, AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE ON ANY
PROJECTS, PROGRAMS OR INITIATIVES APPROVED PURSUANT TO THIS SECTION,
INCLUDING, BUT NOT LIMITED TO, THE PROVIDER-SPECIFIC FUNDING ALLO-
CATIONS, THE PROGRAMMATIC DETAILS AND GOALS OF EACH PROJECT, THE
PROJECT-SPECIFIC ALLOCATIONS AND DISTRIBUTIONS FOR THE PREVIOUS QUARTER,
A. 8558--C 148
ANY PROGRAMMATIC CHANGES MADE AS THE RESULT OF THIS SECTION, ANY STATE
SAVINGS GENERATED FROM APPROVED WAIVER PROJECTS OR OTHER RELATED INITI-
ATIVES; AND ANY OTHER INFORMATION DEEMED APPROPRIATE FOR THE PROPER
EVALUATION OF THESE PROJECTS.
S 35. Intentionally omitted.
S 36. Subparagraph (ii) of paragraph (e) of subdivision 4 of section
364-j of the social services law, as amended by section 39 of part A of
chapter 56 of the laws of 2013, is amended to read as follows:
(ii) In any social services district which has implemented a mandatory
managed care program pursuant to this section, the requirements of this
subparagraph shall apply to the extent consistent with federal law and
regulations. The department of health[,] may contract with one or more
independent organizations to provide enrollment counseling and enroll-
ment services, for participants required to enroll in managed care
programs, for each social services district [requesting the services of
an enrollment broker] WHICH HAS IMPLEMENTED A MANDATORY MANAGED CARE
PROGRAM. To select such organizations, the department of health shall
issue a request for proposals (RFP), shall evaluate proposals submitted
in response to such RFP and, pursuant to such RFP, shall award a
contract to one or more qualified and responsive organizations. Such
organizations shall not be owned, operated, or controlled by any govern-
mental agency, managed care provider, or medical services provider.
S 37. Subparagraph (vii) of paragraph (b) of subdivision 7 of section
4403-f of the public health law, as amended by section 40-a of part D of
chapter 56 of the laws of 2012, is amended to read as follows:
(vii) Managed long term care provided and plans certified or other
care coordination model established pursuant to this paragraph shall
comply with the provisions of paragraphs (d), (i), (t), and (u) and
subparagraph (iii) of paragraph (a) and [subparagraph] SUBPARAGRAPHS
(II) AND (iv) of paragraph (e) of subdivision four of section three
hundred sixty-four-j of the social services law.
S 37-a. Paragraph (b) of subdivision 1 of section 4403-f of the public
health law, as added by chapter 659 of the laws of 1997, is amended to
read as follows:
(b) "Eligible applicant" means an entity controlled or wholly owned by
one or more of the following: a hospital as defined in subdivision one
of section twenty-eight hundred one of this chapter; a home care agency
licensed or certified pursuant to article thirty-six of this chapter;
[an] A NOT-FOR-PROFIT entity that has received a certificate of authori-
ty pursuant to sections forty-four hundred three, forty-four hundred
three-a or AN INTEGRATED DELIVERY SYSTEM THAT HAS RECEIVED A CERTIFICATE
OF AUTHORITY PURSUANT TO SECTION forty-four hundred eight-a of this
article (as added by chapter six hundred thirty-nine of the laws of
nineteen hundred ninety-six), or a NOT-FOR-PROFIT health maintenance
organization authorized under article forty-three of the insurance law;
or a not-for-profit organization which has a history of providing or
coordinating health care services and long term care services to the
elderly and disabled; PROVIDED, HOWEVER, THAT AN ENTITY OWNED OR
CONTROLLED BY AN ENTITY THAT HAS RECEIVED A CERTIFICATE OF AUTHORITY
PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE OR FORTY-FOUR HUNDRED
THREE-A OF THIS ARTICLE AND HAS RECEIVED A CERTIFICATE OF AUTHORITY
UNDER THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF NEW YORK WHICH ADDED THIS PROVISION SHALL BE DEEMED TO BE AN
ELIGIBLE APPLICANT.
S 37-b. Section 4403-f of the public health law is amended by adding
a new subdivision 15 to read as follows:
A. 8558--C 149
15. A MANAGED LONG TERM CARE PLAN MAY BE A PARTICIPANT IN AN ACCOUNT-
ABLE CARE ORGANIZATION UNDER ARTICLE TWENTY-NINE-E OF THIS CHAPTER.
S 37-c. Subdivision 6 of section 2999-o of the public health law, as
amended by chapter 461 of the laws of 2012, is amended to read as
follows:
6. "Health care provider" includes but is not limited to an entity
licensed or certified under article twenty-eight or thirty-six of this
chapter; an entity licensed or certified under article sixteen, thirty-
one or thirty-two of the mental hygiene law; OR ANY LAWFUL COMBINATION
OF SUCH HEALTH CARE PROVIDERS, INCLUDING BUT NOT LIMITED TO A MANAGED
LONG TERM CARE PLAN UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THIS
CHAPTER; or a health care practitioner licensed or certified under title
eight of the education law or a lawful combination of such health care
practitioners; and may also include, to the extent provided by regu-
lation of the commissioner, other entities that provide technical
assistance, information systems and services, care coordination and
other services to health care providers and patients participating in an
ACO.
S 38. Subdivision (a) of section 90 of part H of chapter 59 of the
laws of 2011, amending the public health law and other laws, relating to
general hospital inpatient reimbursement for annual rates, as amended by
section 1 of part A of chapter 56 of the laws of 2013, is amended to
read as follows:
(a) (1) Notwithstanding any other provision of law to the contrary,
for the state fiscal years beginning April 1, 2011 and ending on March
31, [2015] 2014, all Medicaid payments made for services provided on and
after April 1, 2011, shall, except as hereinafter provided, be subject
to a uniform two percent reduction and such reduction shall be applied,
to the extent practicable, in equal amounts during the fiscal year,
provided, however, that an alternative method may be considered at the
discretion of the commissioner of health and the director of the budget
based upon consultation with the health care industry including but not
limited to, a uniform reduction in Medicaid rates of payments or other
reductions provided that any method selected achieves up to $345,000,000
in Medicaid state share savings in state fiscal year 2011-12 and up to
$357,000,000 annually in state fiscal years 2012-13[,] AND 2013-14 [and
2014-15] except as hereinafter provided, for services provided on and
after April 1, 2011 through March 31, [2015] 2014. Any alternative meth-
ods to achieve the reduction must be provided in writing and shall be
filed with the senate finance committee and the assembly ways and means
committee not less than thirty days before the date on which implementa-
tion is expected to begin. Nothing in this section shall be deemed to
prevent all or part of such alternative reduction plan from taking
effect retroactively, to the extent permitted by the federal centers for
medicare and medicaid services.
(2) ALTERNATIVE METHODS OF COST CONTAINMENT AS AUTHORIZED AND IMPLE-
MENTED PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION SHALL CONTINUE TO
BE APPLIED AND MAINTAINED FOR PERIODS ON AND AFTER APRIL 1, 2014,
PROVIDED, HOWEVER, THAT THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
THE DIRECTOR OF THE BUDGET, IS AUTHORIZED TO TERMINATE SUCH ALTERNATIVE
METHODS UPON A FINDING THAT THEY ARE NO LONGER NECESSARY TO MAINTAIN
ESSENTIAL COST SAVINGS.
S 39. Section 364-jj of the social services law, as amended by section
80-a of part A of chapter 56 of the laws of 2013, is amended to read as
follows:
A. 8558--C 150
S 364-jj. Special advisory review panel on Medicaid managed care. (a)
There is hereby established a special advisory review panel on Medicaid
managed care AND RELATED PUBLIC HEALTH INSURANCE PROGRAMS, INCLUDING
CHILD HEALTH PLUS, BASIC HEALTH PROGRAM, MANAGED LONG TERM CARE PROGRAMS
AND RELATED CARE COORDINATION MODELS, MANAGED CARE PROGRAMS DIRECTED AT
COORDINATING CARE FOR DUALLY ELIGIBLE MEDICAID AND MEDICARE ENROLLEES,
AND OTHER PUBLIC HEALTH COVERAGE CARE MANAGEMENT PROGRAMS, INCLUDING BUT
NOT LIMITED TO HEALTH HOMES AND MEDICAL HOMES. The panel shall consist
of [twelve] FIFTEEN members who shall be appointed as follows: [four]
FIVE by the governor, one of which shall serve as the chair, TWO OF
WHICH SHALL BRING EXPERTISE IN ACCESS ISSUES FACING MEDICAID CONSUMERS
WITH DISABILITIES, TWO OF WHICH SHALL BRING EXPERTISE IN ACCESS ISSUES
FACING MEDICAID CONSUMERS WITH BEHAVIORAL HEALTH NEEDS, AND ONE OF WHICH
SHALL BRING EXPERTISE IN ACCESS ISSUES FACING CHILDREN, AND ONE WHO
SHALL BE A MEDICAID BENEFICIARY; three each by the temporary president
of the senate and the speaker of the assembly; and one each by the
minority leader of the senate and the minority leader of the assembly.
At least three members of such panel shall be members of the joint advi-
sory panel established under section 13.40 of the mental hygiene law.
Members shall serve without compensation but shall be reimbursed for
appropriate expenses. The department shall provide technical assistance
and access to data as is required for the panel to effectuate the
mission and purposes established herein. THE PANEL SHALL BE REQUIRED TO
SEEK PUBLIC COMMENT ON MATTERS WITHIN ITS JURISDICTION. PANEL MEETING
TIMES, AGENDAS, AND MINUTES SHALL BE POSTED PUBLICLY ON THE DEPARTMENT'S
WEBSITE AT LEAST ONE WEEK PRIOR TO EACH MEETING.
(b) The panel shall MEET NO LESS THAN SIX TIMES PER YEAR, WITH ADDI-
TIONAL SUBCOMMITTEE MEETINGS AS DEEMED NECESSARY TO ADDRESS SPECIALIZED
ISSUES, IN ORDER TO:
(i) determine whether there is sufficient managed care provider
participation in the Medicaid managed care program AND RELATED PROGRAMS;
(ii) determine whether managed care providers meet proper enrollment
targets that permit as many Medicaid recipients as possible to make
their own health plan decisions, thus minimizing the number of automatic
assignments;
(iii) review AND DETERMINE THE APPROPRIATENESS OF the phase-in sched-
ule, AND THE AVAILABILITY OF SPECIALTY SERVICES for enrollment[,] of
ADDITIONAL POPULATIONS AND managed care providers under both the volun-
tary and mandatory programs AND EVALUATE STEPS TAKEN TO ENSURE CONTINUI-
TY OF CARE DURING AND AFTER THE TRANSITION;
(iv) assess the impact of managed care provider marketing and enroll-
ment strategies, [and the] INCLUDING public education [campaign
conducted in New York city, on enrollees] CAMPAIGNS, ENROLLEE partic-
ipation in Medicaid managed care plans AND RELATED PROGRAMS;
(v) evaluate the adequacy of managed care provider capacity by review-
ing established capacity measurements and monitoring actual access to
plan practitioners, INCLUDING TIMELY ACCESS TO SPECIALTY CARE FOR PEOPLE
WITH DISABILITIES, PEOPLE WITH BEHAVIORAL HEALTH NEEDS, AND OTHERS IN
NEED OF SUCH CARE, WITH PARTICULAR ATTENTION TO CAPACITY FOR SERVICES
PREVIOUSLY PROVIDED IN THE TRADITIONAL FEE FOR SERVICE ENVIRONMENT;
(vi) examine the [cost] implications of [populations excluded and
exempted from Medicaid managed care] FEDERAL HEALTH CARE REFORM ON THE
MEDICAID MANAGED CARE PROGRAM AND RELATED PROGRAMS, WITH PARTICULAR
ATTENTION TO THE INTEGRATION OF PUBLIC PROGRAM FUNCTIONS WITH SUBSIDIZED
PRODUCTS AVAILABLE IN ANY POTENTIAL STATE INSURANCE EXCHANGE AND ANY
OTHER SUBSIDIZED PRODUCTS, SUCH AS A BASIC HEALTH PLAN;
A. 8558--C 151
(vii) in accordance with the recommendations of the joint advisory
council established pursuant to section 13.40 of the mental hygiene law,
advise the commissioners of health and developmental disabilities with
respect to the oversight of DISCOs and of health maintenance organiza-
tions and managed long term care plans providing services authorized,
funded, approved or certified by the office for people with develop-
mental disabilities, and review all managed care options provided to
persons with developmental disabilities, including: the adequacy of
support for habilitation services; the record of compliance with
requirements for person-centered planning, person-centered services and
community integration; the adequacy of rates paid to providers in
accordance with the provisions of paragraph [1] (L) of subdivision four
of section forty-four hundred [three] THREE-G of the public health law,
paragraph (a-2) of subdivision eight of section forty-four hundred three
of the public health law or paragraph (a-2) of subdivision twelve of
section forty-four hundred three-f of the public health law; and the
quality of life, health, safety and community integration of persons
with developmental disabilities enrolled in managed care; [and]
(viii) EVALUATE TRENDS IN SERVICE DENIALS BY MEDICAID MANAGED CARE
PLANS AND RELATED PROGRAMS, ASSESS EFFECTIVENESS OF GRIEVANCE AND APPEAL
MECHANISMS FOR CONSUMERS;
(IX) EVALUATE DATA COLLECTION AND REPORTING ON HEALTH CARE ACCESS AND
QUALITY BY RACE, ETHNICITY, LANGUAGE, DISABILITY AND OTHER FACTORS AND
THE AVAILABILITY OF SERVICES AND PROGRAMS THAT ADDRESS THE DISPARITIES
IN ACCESS TO CARE AND OUTCOMES OF CARE;
(X) EVALUATE IMPLEMENTATION OF CONSUMER PROTECTIONS;
(XI) REVIEW WAIVER APPLICATIONS BEFORE ANY DRAFT PROPOSALS ARE SUBMIT-
TED TO THE FEDERAL GOVERNMENT AND AMENDMENTS AND STATE PLAN AMENDMENTS
RELATED TO TOPICS AND PROGRAMS WITHIN ITS JURISDICTION, AND SOLICIT
PUBLIC INVOLVEMENT IN THE PROPOSALS;
(XII) REVIEW AND DETERMINE THE ADEQUACY AND APPROPRIATENESS OF PROGRAM
MATERIALS AND PLAN-FINDING AIDS, INCLUDING BUT NOT LIMITED TO, NETWORK,
CONTRACT PROVISIONS, ELIGIBILITY AND BENEFIT APPEAL PROCEDURES; AND
(XIII) examine other issues as it deems appropriate.
(c) Commencing January first, [nineteen hundred ninety-seven] TWO
THOUSAND FIFTEEN and quarterly thereafter the panel shall [submit a
report regarding the status of Medicaid managed care in the state and
provide recommendations if it] PROVIDE WRITTEN RECOMMENDATIONS AND INPUT
AS IT deems appropriate to the governor, the temporary president and the
minority leader of the senate, and the speaker and the minority leader
of the assembly ON MATTERS WITHIN ITS JURISDICTION.
S 39-a. Section 364-jj of the social services law, as added by chapter
649 of the laws of 1996, is amended to read as follows:
S 364-jj. Special advisory review panel on Medicaid managed care. (a)
There is hereby established a special advisory review panel on Medicaid
managed care AND RELATED PUBLIC HEALTH INSURANCE PROGRAMS, INCLUDING
CHILD HEALTH PLUS, BASIC HEALTH PROGRAM, MANAGED LONG TERM CARE PROGRAMS
AND RELATED CARE COORDINATION MODELS, MANAGED CARE PROGRAMS DIRECTED AT
COORDINATING CARE FOR DUALLY ELIGIBLE MEDICAID AND MEDICARE ENROLLEES,
AND OTHER PUBLIC HEALTH COVERAGE CARE MANAGEMENT PROGRAMS, INCLUDING BUT
NOT LIMITED TO HEALTH HOMES AND MEDICAL HOMES. The panel shall consist
of [nine] THIRTEEN members who shall be appointed as follows: [three]
FIVE by the governor, one of which shall serve as the chair, TWO OF
WHICH SHALL BRING EXPERTISE IN ACCESS ISSUES FACING MEDICAID CONSUMERS
WITH DISABILITIES, TWO OF WHICH SHALL BRING EXPERTISE IN ACCESS ISSUES
FACING MEDICAID CONSUMERS WITH BEHAVIORAL HEALTH NEEDS, AND ONE OF WHICH
A. 8558--C 152
SHALL BRING EXPERTISE IN ACCESS ISSUES FACING CHILDREN, AND ONE WHO
SHALL BE A MEDICAID BENEFICIARY; two each by the temporary president of
the senate and the speaker of the assembly; and one each by the minority
leader of the senate and the minority leader of the assembly. [All
members shall be appointed no later than September first, nineteen
hundred ninety-six.] Members shall serve without compensation but shall
be reimbursed for appropriate expenses. The department shall provide
technical assistance and access to data as is required for the panel to
effectuate the mission and purposes established herein. THE PANEL SHALL
BE REQUIRED TO SEEK PUBLIC COMMENT ON MATTERS WITHIN ITS JURISDICTION.
PANEL MEETING TIMES, AGENDAS, AND MINUTES SHALL BE POSTED PUBLICLY ON
THE DEPARTMENT'S WEBSITE AT LEAST ONE WEEK PRIOR TO EACH MEETING.
(b) The panel shall MEET NO LESS THAN SIX TIMES PER YEAR, WITH ADDI-
TIONAL SUBCOMMITTEE MEETINGS AS DEEMED NECESSARY TO ADDRESS SPECIALIZED
ISSUES, IN ORDER TO:
(i) determine whether there is sufficient managed care provider
participation in the Medicaid managed care program AND RELATED PROGRAMS;
(ii) determine whether managed care providers meet proper enrollment
targets that permit as many Medicaid recipients as possible to make
their own health plan decisions, thus minimizing the number of automatic
assignments;
(iii) review AND DETERMINE THE APPROPRIATENESS OF the phase-in sched-
ule, AND THE AVAILABILITY OF SPECIALTY SERVICES for enrollment[,] of
ADDITIONAL POPULATIONS AND managed care providers under both the volun-
tary and mandatory programs AND EVALUATE STEPS TAKEN TO ENSURE CONTINUI-
TY OF CARE DURING AND AFTER THE TRANSITION;
(iv) assess the impact of managed care provider marketing and enroll-
ment strategies, [and the] INCLUDING public education [campaign
conducted in New York city, on enrollees] CAMPAIGNS, ENROLLEE partic-
ipation in Medicaid managed care plans AND RELATED PROGRAMS;
(v) evaluate the adequacy of managed care provider capacity by review-
ing established capacity measurements and monitoring actual access to
plan practitioners, INCLUDING TIMELY ACCESS TO SPECIALTY CARE FOR PEOPLE
WITH DISABILITIES, PEOPLE WITH BEHAVIORAL HEALTH NEEDS, AND OTHERS IN
NEED OF SUCH CARE, WITH PARTICULAR ATTENTION TO CAPACITY FOR SERVICES
PREVIOUSLY PROVIDED IN THE TRADITIONAL FEE FOR SERVICE ENVIRONMENT;
(vi) examine the [cost] implications of [populations excluded and
exempted from Medicaid managed care; and] FEDERAL HEALTH CARE REFORM ON
THE MEDICAID MANAGED CARE PROGRAM AND RELATED PROGRAMS, WITH PARTICULAR
ATTENTION TO THE INTEGRATION OF PUBLIC PROGRAM FUNCTIONS WITH SUBSIDIZED
PRODUCTS AVAILABLE IN ANY POTENTIAL STATE INSURANCE EXCHANGE AND ANY
OTHER SUBSIDIZED PRODUCTS, SUCH AS A BASIC HEALTH PLAN;
(vii) EVALUATE TRENDS IN SERVICE DENIALS BY MEDICAID MANAGED CARE
PLANS AND RELATED PROGRAMS, ASSESS EFFECTIVENESS OF GRIEVANCE AND APPEAL
MECHANISMS FOR CONSUMERS;
(VIII) EVALUATE DATA COLLECTION AND REPORTING ON HEALTH CARE ACCESS
AND QUALITY BY RACE, ETHNICITY, LANGUAGE, DISABILITY AND OTHER FACTORS
AND THE AVAILABILITY OF SERVICES AND PROGRAMS THAT ADDRESS THE DISPARI-
TIES IN ACCESS TO CARE AND OUTCOMES OF CARE;
(IX) EVALUATE IMPLEMENTATION OF CONSUMER PROTECTIONS;
(X) REVIEW WAIVER APPLICATIONS BEFORE ANY DRAFT PROPOSALS ARE SUBMIT-
TED TO THE FEDERAL GOVERNMENT AND AMENDMENTS AND STATE PLAN AMENDMENTS
RELATED TO TOPICS AND PROGRAMS WITHIN ITS JURISDICTION, AND SOLICIT
PUBLIC INVOLVEMENT IN THE PROPOSALS;
A. 8558--C 153
(XI) REVIEW AND DETERMINE THE ADEQUACY AND APPROPRIATENESS OF PROGRAM
MATERIALS AND PLAN-FINDING AIDS, INCLUDING BUT NOT LIMITED TO, NETWORK,
CONTRACT PROVISIONS, ELIGIBILITY AND BENEFIT APPEAL PROCEDURES; AND
(XII) examine other issues as it deems appropriate.
(c) Commencing January first, [nineteen hundred ninety-seven] TWO
THOUSAND FIFTEEN and quarterly thereafter the panel shall [submit a
report regarding the status of Medicaid managed care in the state and
provide recommendations if it] PROVIDE WRITTEN RECOMMENDATIONS AND INPUT
AS IT deems appropriate to the governor, the temporary president and the
minority leader of the senate, and the speaker and the minority leader
of the assembly ON MATTERS WITHIN ITS JURISDICTION.
S 39-b. Section 22 of the social services law is amended by adding a
new subdivision 15 to read as follows:
15. WITH RESPECT TO MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF ARTICLE
FIVE OF THIS CHAPTER, WHERE THE MEDICAL SERVICE AT ISSUE IS OR WOULD BE
PROVIDED BY AN ENTITY SUBJECT TO ARTICLE FORTY-NINE OF THE PUBLIC HEALTH
LAW OR ARTICLE FORTY-NINE OF THE INSURANCE LAW:
1. AN ENROLLEE SHALL NOT BE REQUIRED TO EXHAUST HIS OR HER REVIEW OR
APPEAL REMEDIES UNDER ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR
ARTICLE FORTY-NINE OF THE INSURANCE LAW PRIOR TO REQUESTING A FAIR HEAR-
ING UNDER THIS SECTION OR ANY OTHER STATE OR FEDERAL LAW. HOWEVER, IN AN
APPROPRIATE CASE, THE HOLDING OR CONTINUING OF THE FAIR HEARING MAY BE
DELAYED PENDING THE OUTCOME OF SUCH REVIEW OR APPEAL.
2. THE RIGHTS AND REMEDIES CONFERRED UNDER THOSE PROVISIONS OF THE
PUBLIC HEALTH LAW OR THE INSURANCE LAW SHALL BE CUMULATIVE AND IN ADDI-
TION TO AND NOT IN LIEU OF ANY OTHER RIGHTS OR REMEDIES AVAILABLE UNDER
LAW.
S 39-c. Subdivision 8 of section 365-a of the social services law, as
added by section 46-a of part B of chapter 58 of the laws of 2009, is
amended to read as follows:
8. When a non-governmental entity is authorized by the department
pursuant to contract or subcontract to make prior authorization or prior
approval determinations that may be required for any item of medical
assistance, a recipient may challenge any action taken or failure to act
in connection with a prior authorization or prior approval determination
as if such determination were made by a government entity, and shall be
entitled to the same medical assistance benefits and standards and to
the same notice and procedural due process rights, including a right to
a fair hearing and aid continuing pursuant to section twenty-two of this
chapter, as if the prior authorization or prior approval determination
were made by a government entity, WITHOUT REGARD TO EXPIRATION OF THE
PRIOR SERVICE AUTHORIZATION.
S 39-d. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
4403-f of the public health law, as amended by section 41-b of part H of
chapter 59 of the laws of 2011, is amended to read as follows:
(ii) Notwithstanding any inconsistent provision of the social services
law to the contrary, the commissioner shall, pursuant to regulation,
determine whether and the extent to which the applicable provisions of
the social services law or regulations relating to approvals and author-
izations of, and utilization limitations on, health and long term care
services reimbursed pursuant to title XIX of the federal social security
act, including, but not limited to, fiscal assessment requirements, are
inconsistent with the flexibility necessary for the efficient adminis-
tration of managed long term care plans and such regulations shall
provide that such provisions shall not be applicable to enrollees or
managed long term care plans, provided that such determinations are
A. 8558--C 154
consistent with applicable federal law and regulation, AND SUBJECT TO
THE PROVISIONS OF SUBDIVISION EIGHT OF SECTION THREE HUNDRED
SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW.
S 40. Subdivision 6 of section 368-d of the social services law, as
amended by section 37 of part D of chapter 56 of the laws of 2012, is
amended to read as follows:
6. The commissioner shall evaluate the results of the study conducted
pursuant to subdivision four of this section to determine, after iden-
tification of actual direct and indirect costs incurred by public school
districts [and state operated and state supported schools for blind and
deaf students], whether it is advisable to claim federal reimbursement
for expenditures under this section as certified public expenditures. In
the event such claims are submitted, if federal reimbursement received
for certified public expenditures on behalf of medical assistance recip-
ients whose assistance and care are the responsibility of a social
services district results in a decrease in the state share of annual
expenditures pursuant to this section for such recipients, then to the
extent that the amount of any such decrease when combined with any
decrease in the state share of annual expenditures described in subdivi-
sion five of section three hundred sixty-eight-e of this title exceeds
one hundred fifty million dollars for the period April 1, 2011 through
March 31, 2013, or exceeds one hundred million dollars in state fiscal
[year 2012-13 or any fiscal year thereafter] YEARS 2013-14 AND 2014-15,
the excess amount shall be transferred to such public school districts
[and state operated and state supported schools for blind and deaf
students] in amounts proportional to their percentage contribution to
the statewide savings; AN AMOUNT EQUAL TO THIRTEEN AND FIVE HUNDREDTHS
PERCENT OF ANY DECREASE IN THE STATE SHARE OF ANNUAL EXPENDITURES PURSU-
ANT TO THIS SECTION FOR SUCH RECIPIENTS IN STATE FISCAL YEAR 2015-16 AND
ANY FISCAL YEAR THEREAFTER SHALL BE TRANSFERRED TO SUCH PUBLIC SCHOOL
DISTRICTS IN AMOUNTS PROPORTIONAL TO THEIR PERCENTAGE CONTRIBUTION TO
THE STATEWIDE SAVINGS. Any [such excess] amount transferred PURSUANT TO
THIS SECTION shall not be considered a revenue received by such social
services district in determining the district's actual medical assist-
ance expenditures for purposes of paragraph (b) of section one of part C
of chapter fifty-eight of the laws of two thousand five.
S 41. Subdivision 5 of section 368-e of the social services law, as
amended by section 38 of part D of chapter 56 of the laws of 2012, is
amended to read as follows:
5. The commissioner shall evaluate the results of the study conducted
pursuant to subdivision three of this section to determine, after iden-
tification of actual direct and indirect costs incurred by counties for
medical care, services, and supplies furnished to pre-school children
with handicapping conditions, whether it is advisable to claim federal
reimbursement for expenditures under this section as certified public
expenditures. In the event such claims are submitted, if federal
reimbursement received for certified public expenditures on behalf of
medical assistance recipients whose assistance and care are the respon-
sibility of a social services district, results in a decrease in the
state share of annual expenditures pursuant to this section for such
recipients, then to the extent that the amount of any such decrease when
combined with any decrease in the state share of annual expenditures
described in subdivision six of section three hundred sixty-eight-d of
this title exceeds one hundred fifty million dollars for the period
April 1, 2011 through March 31, 2013, or exceeds one hundred million
dollars in state fiscal [year 2012-13 or any fiscal year thereafter]
A. 8558--C 155
YEARS 2013-14 AND 2014-15, the excess amount shall be transferred to
such counties in amounts proportional to their percentage contribution
to the statewide savings; AN AMOUNT EQUAL TO THIRTEEN AND FIVE
HUNDREDTHS PERCENT OF ANY DECREASE IN THE STATE SHARE OF ANNUAL EXPENDI-
TURES PURSUANT TO THIS SECTION FOR SUCH RECIPIENTS IN STATE FISCAL YEAR
2015-16 AND ANY FISCAL YEAR THEREAFTER SHALL BE TRANSFERRED TO SUCH
COUNTIES IN AMOUNTS PROPORTIONAL TO THEIR PERCENTAGE CONTRIBUTION TO THE
STATEWIDE SAVINGS. Any [such excess] amount transferred PURSUANT TO
THIS SECTION shall not be considered a revenue received by such social
services district in determining the district's actual medical assist-
ance expenditures for purposes of paragraph (b) of section one of part C
of chapter fifty-eight of the laws of two thousand five.
S 41-a. Subparagraphs (viii) and (ix) of paragraph (d) of subdivision
3 of section 364-j of the social services law, as amended by section 38
of part A of chapter 56 of the laws of 2013, are amended to read as
follows:
(viii) HIV COBRA case management; [and]
(ix) THE SERVICES PROVIDED ARE BY A CLINIC LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR SPONSORED BY A FACILITY
LICENSED UNDER SUCH ARTICLE, WHICH PROVIDES PRIMARY CARE SERVICES WITHIN
AN ELEMENTARY OR SECONDARY PUBLIC SCHOOL SETTING; AND
(X) other services as determined by the commissioner of health.
S 42. Section 365-l of the social services law is amended by adding a
new subdivision 2-b to read as follows:
2-B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW AND SUBJECT TO
THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, THE COMMISSIONER OF
HEALTH IS AUTHORIZED TO DISTRIBUTE FUNDS FROM A GROSS AMOUNT OF FIVE
MILLION DOLLARS, TO ESTABLISH COORDINATION BETWEEN HEALTH HOMES AND THE
CRIMINAL JUSTICE SYSTEM. SUCH FUNDS MAY BE USED FOR THE INTEGRATION OF
INFORMATION OF HEALTH HOMES WITH STATE AND LOCAL CORRECTIONAL FACILI-
TIES, TO THE EXTENT PERMITTED BY LAW; INCLUDING, BUT NOT LIMITED TO, THE
DEVELOPMENT OF A LIAISON SERVICE BETWEEN SUCH HOMES AND FACILITIES AND
THE ESTABLISHMENT OF A CRIMINAL JUSTICE AND HEALTH HOME LEARNING COLLA-
BORATIVE TO PROVIDE TRAINING AND FACILITATE BEST PRACTICES. HEALTH HOMES
RECEIVING SUCH FUNDS SHALL BE REQUIRED TO DOCUMENT AND DEMONSTRATE THE
EFFECTIVE USE OF FUNDS DISTRIBUTED HEREIN.
S 43. Section 365-l of the social services law is amended by adding a
new subdivision 2-c to read as follows:
2-C. SUBJECT TO FEDERAL FINANCIAL PARTICIPATION, AND SUBJECT TO
AMOUNTS APPROPRIATED FOR PURPOSES HEREIN, THE DEPARTMENT OF HEALTH MAY
DISTRIBUTE FUNDS TO PROVIDERS UNDER THIS SECTION FOR MEMBER ENGAGEMENT,
STAFF TRAINING AND RETRAINING, HEALTH INFORMATION TECHNOLOGY IMPLEMENTA-
TION, JOINT GOVERNANCE TECHNICAL ASSISTANCE, AND OTHER SUCH PURPOSES AS
THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONERS OF
THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES, DETERMINES. THE COMMISSIONER OF HEALTH, IN CONSULTATION
WITH THE COMMISSIONERS OF THE OFFICE OF MENTAL HEALTH AND THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, SHALL APPROVE APPLICATIONS FOR
SUCH FUNDS PURSUANT TO CRITERIA DEVELOPED BY THE DEPARTMENT OF HEALTH.
APPLICATIONS WHICH ADDRESS IMPLEMENTATION CHALLENGES, LEVERAGE REGIONAL
PARTNERSHIPS, LINK CARE COORDINATION NETWORKS AND DO NOT OTHERWISE
DUPLICATE FUNDS AVAILABLE THROUGH OTHER PROGRAMS MAY BE PRIORITIZED.
THE COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS, INCLUDING EMER-
GENCY REGULATIONS, TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
S 44. The social services law is amended by adding a new section 398-b
to read as follows:
A. 8558--C 156
S 398-B. TRANSITION TO MANAGED CARE. 1. THE COMMISSIONER OF HEALTH IS
AUTHORIZED TO DISTRIBUTE FUNDS FROM A GROSS AMOUNT OF FIVE MILLION
DOLLARS TO FACILITATE THE TRANSITION OF FOSTER CARE CHILDREN PLACED WITH
VOLUNTARY FOSTER CARE AGENCIES TO MANAGED CARE. THE USE OF SUCH FUNDS
MAY INCLUDE PROVIDING TRAINING AND CONSULTING SERVICES TO VOLUNTARY
AGENCIES TO ASSESS READINESS, AND MAKE NECESSARY INFRASTRUCTURE AND
ORGANIZATIONAL MODIFICATIONS, COLLECTING SERVICE UTILIZATION AND OTHER
DATA FROM VOLUNTARY AGENCIES, AND MAKING INVESTMENTS IN HEALTH INFORMA-
TION TECHNOLOGY, INCLUDING THE INFRASTRUCTURE NECESSARY TO ESTABLISH AND
MAINTAIN ELECTRONIC HEALTH RECORDS. SUCH FUNDS SHALL BE DISTRIBUTED
PURSUANT TO A FORMULA TO BE DEVELOPED BY THE COMMISSIONER OF HEALTH, IN
CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES. IN DEVELOPING SUCH FORMULA THE COMMISSIONERS SHALL TAKE INTO
ACCOUNT THE PROVIDER'S GEOGRAPHICAL LOCATION, NUMBER OF YOUTH AND TYPES
OF SERVICES NEEDED AS FACTORS RELEVANT TO ELIGIBILITY FOR SUCH FUNDS.
EACH RECIPIENT OF SUCH FUNDS SHALL BE REQUIRED TO DOCUMENT AND DEMON-
STRATE THE EFFECTIVE USE OF FUNDS DISTRIBUTED HEREIN.
2. DATA PROVIDED BY VOLUNTARY FOSTER CARE AGENCIES SHALL BE COMPLIANT
WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT, AND SHALL
BE TRANSMITTED SECURELY SUING EMEDS OR OTHER MECHANISMS TO BE DETERMINED
BY THE DEPARTMENT OF HEALTH. SUCH DATA MAY BE USED BY THE DEPARTMENT OF
HEALTH TO ESTABLISH RATES OF PAYMENT FOR MANAGED CARE ORGANIZATIONS FOR
SERVICES PROVIDED TO CHILDREN IN FOSTER CARE. IN ESTABLISHING SUCH RATES
THE COMMISSIONER OF HEALTH SHALL ALSO TAKE INTO ACCOUNT CARE COORDINAT-
ING SERVICES THAT WILL CONTINUE TO BE PROVIDED BY THE VOLUNTARY FOSTER
CARE AGENCIES.
3. THE COMMISSIONER OF HEALTH SHALL ISSUE A REPORT TO BE MADE PUBLIC
ON THE DEPARTMENT OF HEALTH'S WEBSITE, INCLUDING HOW THE FORMULA FOR
ALLOCATING THE FUNDS WAS DEVELOPED, WHICH PROVIDERS RECEIVED FUNDING AND
HOW DATA RECEIVED FROM THE VOLUNTARY FOSTER CARE AGENCIES WAS UTILIZED
BY THE DEPARTMENT OF HEALTH TO ESTABLISH RATES FOR SERVICES.
S 45. Subdivision 3 of section 365-n of the social services law, as
added by section 6 of part F of chapter 56 of the Laws of 2012, is
amended to read as follows:
3. Notwithstanding sections sixty-one, sixty-three, seventy, seventy-
eight, seventy-nine, eighty-one and [eight-one-a] EIGHTY-ONE-A of the
civil service law or any provisions to the contrary contained in any
general, special, or local laws, all lawful appointees of a county
performing the functions established in subdivision two of this section
as of the effective date of this section OR ANY SUCH APPOINTEES WHO MEET
THE OPEN COMPETITIVE QUALIFICATIONS FOR POSITIONS ESTABLISHED TO PERFORM
THESE FUNCTIONS will be eligible for voluntary transfer to appropriate
positions, in the department, that are classified to perform such func-
tions without further examination, qualification, or probationary peri-
od; and, upon such transfer, will have all the rights and privileges of
the jurisdictional classification to which such positions are allocated
in the classified service of the state.
S 46. Section 365-n of the social services law is amended by adding a
new subdivision 5-a to read as follows:
5-A. THE COMMISSIONER MAY TAKE NECESSARY ACTION TO REVIEW THE ACCURACY
OF DETERMINATIONS OF INITIAL AND ONGOING ELIGIBILITY UNDER THE MEDICAL
ASSISTANCE PROGRAM, AND TO IDENTIFY AND ELIMINATE INAPPROPRIATE
INSTANCES OF CONCURRENT OR DUPLICATE BENEFITS AND AUTHORIZATIONS.
S 47. Intentionally omitted.
S 48. Intentionally omitted.
S 49. Intentionally omitted.
A. 8558--C 157
S 50. Subdivision 1 of section 366 of the social services law is
amended by adding a new paragraph (g) to read as follows:
(G) COVERAGE OF CERTAIN NONCITIZENS. (1) APPLICANTS AND RECIPIENTS WHO
ARE LAWFULLY ADMITTED FOR PERMANENT RESIDENCE, OR WHO ARE PERMANENTLY
RESIDING IN THE UNITED STATES UNDER COLOR OF LAW; WHO ARE MAGI ELIGIBLE
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; AND WHO WOULD BE INELIGI-
BLE FOR MEDICAL ASSISTANCE COVERAGE UNDER SUBDIVISIONS ONE AND TWO OF
SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE SOLELY DUE TO THEIR
IMMIGRATION STATUS IF THE PROVISIONS OF SECTION ONE HUNDRED TWENTY-TWO
OF THIS CHAPTER WERE APPLIED, SHALL ONLY BE ELIGIBLE FOR MEDICAL ASSIST-
ANCE COVERAGE FOR SERVICES AND SUPPLIES NOT COVERED BY A STANDARD HEALTH
PLAN OFFERED BY A BASIC HEALTH PROGRAM ESTABLISHED PURSUANT TO SECTION
THREE HUNDRED SIXTY-NINE-GG OF THIS ARTICLE IF SUCH PROGRAM IS ESTAB-
LISHED AND OPERATING.
(2) WITH RESPECT TO A PERSON DESCRIBED IN SUBPARAGRAPH ONE OF THIS
PARAGRAPH WHO IS ENROLLED IN A STANDARD HEALTH PLAN, MEDICAL ASSISTANCE
COVERAGE SHALL MEAN:
(I) PAYMENT OF REQUIRED PREMIUMS AND OTHER COST-SHARING OBLIGATIONS
UNDER THE STANDARD HEALTH PLAN THAT EXCEED THE PERSON'S CO-PAYMENT OBLI-
GATION UNDER SUBDIVISION SIX OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF
THIS TITLE; AND
(II) PAYMENT FOR SERVICES AND SUPPLIES DESCRIBED IN SUBDIVISION ONE OR
TWO OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, AS APPLICABLE,
BUT ONLY TO THE EXTENT THAT SUCH SERVICES AND SUPPLIES ARE NOT COVERED
BY THE STANDARD HEALTH PLAN.
(3) NOTHING IN THIS SUBDIVISION SHALL PREVENT A PERSON DESCRIBED IN
SUBPARAGRAPH ONE OF THIS PARAGRAPH FROM QUALIFYING FOR OR RECEIVING
MEDICAL ASSISTANCE FOR PERIODS PRIOR TO HIS OR HER ENROLLMENT IN A STAN-
DARD HEALTH PLAN, IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THIS
TITLE.
S 51. The social services law is amended by adding a new section 369-
gg to read as follows:
S 369-GG. BASIC HEALTH PROGRAM. 1. DEFINITIONS. FOR PURPOSES OF THIS
SECTION:
(A) "ELIGIBLE ORGANIZATION" MEANS AN INSURER LICENSED PURSUANT TO
ARTICLE THIRTY-TWO OR FORTY-TWO OF THE INSURANCE LAW, A CORPORATION OR
AN ORGANIZATION UNDER ARTICLE FORTY-THREE OF THE INSURANCE LAW, OR AN
ORGANIZATION CERTIFIED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW, INCLUDING PROVIDERS CERTIFIED UNDER SECTION FORTY-FOUR HUNDRED
THREE-E OF THE PUBLIC HEALTH LAW;
(B) "APPROVED ORGANIZATION" MEANS AN ELIGIBLE ORGANIZATION APPROVED BY
THE COMMISSIONER TO UNDERWRITE A BASIC HEALTH INSURANCE PLAN PURSUANT TO
THIS TITLE;
(C) "HEALTH CARE SERVICES" MEANS THE SERVICES AND SUPPLIES AS DEFINED
BY THE COMMISSIONER IN CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL
SERVICES, AND SHALL BE CONSISTENT WITH AND SUBJECT TO THE ESSENTIAL
HEALTH BENEFITS AS DEFINED BY THE COMMISSIONER IN ACCORDANCE WITH THE
PROVISIONS OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT (P.L. 111-
148) AND CONSISTENT WITH THE BENEFITS PROVIDED BY THE REFERENCE PLAN
SELECTED BY THE COMMISSIONER FOR THE PURPOSES OF DEFINING SUCH BENEFITS;
(D) "QUALIFIED HEALTH PLAN" MEANS A HEALTH PLAN THAT MEETS THE CRITE-
RIA FOR CERTIFICATION DESCRIBED IN S 1311(C) OF THE PATIENT PROTECTION
AND AFFORDABLE CARE ACT (P.L. 111-148), AND IS OFFERED TO INDIVIDUALS
THROUGH THE HEALTH INSURANCE EXCHANGE MARKETPLACE; AND
A. 8558--C 158
(E) "BASIC HEALTH INSURANCE PLAN" MEANS A STANDARD HEALTH PLAN, SEPA-
RATE AND APART FROM QUALIFIED HEALTH PLANS, THAT IS ISSUED BY AN
APPROVED ORGANIZATION AND CERTIFIED IN ACCORDANCE WITH THIS SECTION.
2. AUTHORIZATION. IF IT IS IN THE FINANCIAL INTEREST OF THE STATE TO
DO SO, THE COMMISSIONER OF HEALTH IS AUTHORIZED, WITH THE APPROVAL OF
THE DIRECTOR OF THE BUDGET, TO ESTABLISH A BASIC HEALTH PROGRAM. THE
COMMISSIONER'S AUTHORITY PURSUANT TO THIS SECTION IS CONTINGENT UPON
OBTAINING AND MAINTAINING ALL NECESSARY APPROVALS FROM THE SECRETARY OF
HEALTH AND HUMAN SERVICES TO OFFER A BASIC HEALTH PROGRAM IN ACCORDANCE
WITH 42 U.S.C. 18051. THE COMMISSIONER MAY TAKE ANY AND ALL ACTIONS
NECESSARY TO OBTAIN SUCH APPROVALS.
3. ELIGIBILITY. A PERSON IS ELIGIBLE TO RECEIVE COVERAGE FOR HEALTH
CARE SERVICES PURSUANT TO THIS TITLE IF HE OR SHE:
(A) RESIDES IN NEW YORK STATE AND IS UNDER SIXTY-FIVE YEARS OF AGE;
(B) IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS
ARTICLE OR FOR THE CHILD HEALTH INSURANCE PLAN DESCRIBED IN TITLE ONE-A
OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW;
(C) IS NOT ELIGIBLE FOR MINIMUM ESSENTIAL COVERAGE, AS DEFINED IN
SECTION 5000A(F) OF THE INTERNAL REVENUE SERVICE CODE OF 1986, OR IS
ELIGIBLE FOR AN EMPLOYER-SPONSORED PLAN THAT IS NOT AFFORDABLE, IN
ACCORDANCE WITH SECTION 5000A OF SUCH CODE; AND
(D) (I) HAS HOUSEHOLD INCOME AT OR BELOW TWO HUNDRED PERCENT OF THE
FEDERAL POVERTY LINE DEFINED AND ANNUALLY REVISED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME
SIZE; AND (II) HAS HOUSEHOLD INCOME THAT EXCEEDS ONE HUNDRED
THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE DEFINED AND ANNUALLY
REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR
A HOUSEHOLD OF THE SAME SIZE; HOWEVER, MAGI ELIGIBLE ALIENS LAWFULLY
PRESENT IN THE UNITED STATES WITH HOUSEHOLD INCOMES AT OR BELOW ONE
HUNDRED THIRTY-THREE PERCENT OF THE FEDERAL POVERTY LINE SHALL BE ELIGI-
BLE TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE
PROVISIONS OF THIS TITLE IF SUCH ALIEN WOULD BE INELIGIBLE FOR MEDICAL
ASSISTANCE UNDER TITLE ELEVEN OF THIS ARTICLE DUE TO HIS OR HER IMMI-
GRATION STATUS.
AN APPLICANT WHO FAILS TO MAKE AN APPLICABLE PREMIUM PAYMENT SHALL
LOSE ELIGIBILITY TO RECEIVE COVERAGE FOR HEALTH CARE SERVICES IN ACCORD-
ANCE WITH TIME FRAMES AND PROCEDURES DETERMINED BY THE COMMISSIONER.
4. ENROLLMENT. (A) SUBJECT TO FEDERAL APPROVAL, THE COMMISSIONER IS
AUTHORIZED TO ESTABLISH AN APPLICATION AND ENROLLMENT PROCEDURE FOR
PROSPECTIVE ENROLLEES. SUCH PROCEDURE SHALL INCLUDE A VERIFICATION
SYSTEM FOR APPLICANTS, WHICH SHALL BE CONSISTENT WITH 42 USC S 1320B-7.
(B) SUCH PROCEDURE SHALL ALLOW FOR CONTINUOUS ENROLLMENT FOR ENROLLEES
TO THE BASIC HEALTH PROGRAM WHERE AN INDIVIDUAL MAY APPLY AND ENROLL FOR
COVERAGE AT ANY POINT.
(C) UPON AN APPLICANT'S ENROLLMENT IN A BASIC HEALTH INSURANCE PLAN,
COVERAGE FOR HEALTH CARE SERVICES PURSUANT TO THE PROVISIONS OF THIS
TITLE SHALL BE PROSPECTIVE. COVERAGE SHALL BEGIN IN A MANNER CONSISTENT
WITH THE REQUIREMENTS FOR QUALIFIED HEALTH PLANS OFFERED THROUGH THE
HEALTH INSURANCE EXCHANGE MARKETPLACE, AS DELINEATED IN FEDERAL REGU-
LATION AT 42 CFR 155.420(B)(1) OR ANY SUCCESSOR REGULATION THEREOF.
(D) A PERSON WHO HAS ENROLLED FOR COVERAGE PURSUANT TO THIS TITLE, AND
WHO LOSES ELIGIBILITY TO ENROLL IN THE BASIC HEALTH PROGRAM FOR A REASON
OTHER THAN CITIZENSHIP STATUS, LACK OF STATE RESIDENCE, FAILURE TO
PROVIDE A VALID SOCIAL SECURITY NUMBER, PROVIDING INACCURATE INFORMATION
THAT WOULD AFFECT ELIGIBILITY WHEN REQUESTING OR RENEWING HEALTH COVER-
AGE PURSUANT TO THIS TITLE, OR FAILURE TO MAKE AN APPLICABLE PREMIUM
A. 8558--C 159
PAYMENT, BEFORE THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE EFFEC-
TIVE DATE OF THE PERSON'S INITIAL ELIGIBILITY FOR COVERAGE, OR BEFORE
THE END OF A TWELVE MONTH PERIOD BEGINNING ON THE DATE OF ANY SUBSEQUENT
DETERMINATION OF ELIGIBILITY, SHALL HAVE HIS OR HER ELIGIBILITY FOR
COVERAGE CONTINUED UNTIL THE END OF SUCH TWELVE MONTH PERIOD, PROVIDED
THAT THE STATE RECEIVES FEDERAL APPROVAL FOR USING FUNDS FROM THE BASIC
HEALTH PROGRAM TRUST FUND, ESTABLISHED UNDER SECTION 97-OOOO OF THE
STATE FINANCE LAW, FOR THE COSTS ASSOCIATED WITH SUCH ASSISTANCE.
5. PREMIUMS AND COST SHARING. (A) SUBJECT TO FEDERAL APPROVAL, THE
COMMISSIONER SHALL ESTABLISH PREMIUM PAYMENTS ENROLLEES SHALL PAY TO
APPROVED ORGANIZATIONS FOR COVERAGE OF HEALTH CARE SERVICES PURSUANT TO
THIS TITLE. SUCH PREMIUM PAYMENTS SHALL BE ESTABLISHED IN THE FOLLOWING
MANNER:
(I) UP TO TWENTY DOLLARS MONTHLY FOR AN INDIVIDUAL WITH A HOUSEHOLD
INCOME ABOVE ONE HUNDRED AND FIFTY PERCENT OF THE FEDERAL POVERTY LINE
BUT AT OR BELOW TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE DEFINED
AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES FOR A HOUSEHOLD OF THE SAME SIZE; AND
(II) NO PAYMENT IS REQUIRED FOR INDIVIDUALS WITH A HOUSEHOLD INCOME AT
OR BELOW ONE HUNDRED AND FIFTY PERCENT OF THE FEDERAL POVERTY LINE
DEFINED AND ANNUALLY REVISED BY THE UNITED STATES DEPARTMENT OF HEALTH
AND HUMAN SERVICES FOR A HOUSEHOLD OF THE SAME SIZE.
(B) THE COMMISSIONER SHALL ESTABLISH COST SHARING OBLIGATIONS FOR
ENROLLEES, SUBJECT TO FEDERAL APPROVAL.
6. ANY FUNDS TRANSFERRED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES
TO THE STATE PURSUANT TO 42 U.S.C. 18051(D) SHALL BE DEPOSITED IN TRUST.
FUNDS FROM THE TRUST SHALL BE USED FOR PROVIDING HEALTH BENEFITS THROUGH
AN APPROVED ORGANIZATION, WHICH, AT A MINIMUM, SHALL INCLUDE ESSENTIAL
HEALTH BENEFITS AS DEFINED IN 42 U.S.C. 18022(B); TO REDUCE THE PREMIUMS
AND COST SHARING OF PARTICIPANTS IN THE BASIC HEALTH PROGRAM; OR FOR
SUCH OTHER PURPOSES AS MAY BE ALLOWED BY THE SECRETARY OF HEALTH AND
HUMAN SERVICES. HEALTH BENEFITS AVAILABLE THROUGH THE BASIC HEALTH
PROGRAM SHALL BE PROVIDED BY ONE OR MORE APPROVED ORGANIZATIONS PURSUANT
TO AN AGREEMENT WITH THE DEPARTMENT OF HEALTH AND SHALL MEET THE
REQUIREMENTS OF APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS.
7. AN INDIVIDUAL WHO IS LAWFULLY ADMITTED FOR PERMANENT RESIDENCE OR
PERMANENTLY RESIDING IN THE UNITED STATES UNDER COLOR OF LAW, AND WHO
WOULD BE INELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE ELEVEN OF THIS
ARTICLE DUE TO HIS OR HER IMMIGRATION STATUS IF THE PROVISIONS OF
SECTION ONE HUNDRED TWENTY-TWO OF THIS CHAPTER WERE APPLIED, SHALL BE
CONSIDERED TO BE INELIGIBLE FOR MEDICAL ASSISTANCE FOR PURPOSES OF PARA-
GRAPHS (B) AND (C) OF SUBDIVISION THREE OF THIS SECTION.
S 52. Subparagraph 2 of paragraph (e) of subdivision 3 of section
367-a of the social services law, as added by section 16 of part D of
chapter 56 of the laws of 2013, is amended to read as follows:
(2) Payment pursuant to this paragraph shall be for premium obli-
gations of the individual under the qualified health plan and shall
continue only if and for so long as the individual's MAGI household
income exceeds one hundred thirty-three percent, but does not exceed one
hundred fifty percent, of the federal poverty line for the applicable
family size, OR, IF EARLIER, UNTIL THE INDIVIDUAL IS ELIGIBLE FOR
ENROLLMENT IN A STANDARD HEALTH PLAN PURSUANT TO SECTION THREE HUNDRED
SIXTY-NINE-GG OF THIS ARTICLE.
S 53. The state finance law is amended by adding a new section 97-oooo
to read as follows:
A. 8558--C 160
S 97-OOOO. BASIC HEALTH PROGRAM TRUST FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A FUND, TO BE KNOWN AS THE "BASIC HEALTH PROGRAM
TRUST FUND".
2. SUCH FUND SHALL CONSIST OF MONEYS TRANSFERRED FROM THE FEDERAL
GOVERNMENT PURSUANT TO 42 U.S.C. S 18051(D) FOR THE PURPOSE OF REDUCING
THE PREMIUMS AND COST-SHARING OF, OR PROVIDING BENEFITS FOR, ELIGIBLE
INDIVIDUALS ENROLLED IN THE BASIC HEALTH PROGRAM, ESTABLISHED PURSUANT
TO SECTION THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW.
3. UPON FEDERAL APPROVAL, ALL MONIES IN SUCH FUND SHALL BE USED TO
IMPLEMENT AND OPERATE THE BASIC HEALTH PLAN, PURSUANT TO SECTION THREE
HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW, EXCEPT TO THE EXTENT
THAT THE PROVISIONS OF SUCH SECTION CONFLICT OR ARE INCONSISTENT WITH
FEDERAL LAW, IN WHICH CASE THE PROVISIONS OF SUCH FEDERAL LAW SHALL
SUPERSEDE SUCH STATE LAW PROVISIONS.
S 54. Subdivision 12 of section 367-a of the social services law, as
amended by section 63-a of part C of chapter 58 of the laws of 2007, is
amended to read as follows:
12. Prior to receiving medical assistance under subparagraphs [twelve]
FIVE and [thirteen] SIX of paragraph [(a)] (C) of subdivision one of
section three hundred sixty-six of this title, a person whose net avail-
able income is at least one hundred fifty percent of the applicable
federal income official poverty line, as defined and updated by the
United States department of health and human services, must pay a month-
ly premium, in accordance with a procedure to be established by the
commissioner. The amount of such premium shall be twenty-five dollars
for an individual who is otherwise eligible for medical assistance under
such subparagraphs, and fifty dollars for a couple, both of whom are
otherwise eligible for medical assistance under such subparagraphs. No
premium shall be required from a person whose net available income is
less than one hundred fifty percent of the applicable federal income
official poverty line, as defined and updated by the United States
department of health and human services.
S 55. Section 364-i of the social services law is amended by adding a
new subdivision 8 to read as follows:
8. (A) THE FOLLOWING INDIVIDUALS SHALL BE PRESUMED TO BE ELIGIBLE FOR
MEDICAL ASSISTANCE UNDER THIS TITLE BEGINNING ON THE DATE THAT A QUALI-
FIED HOSPITAL, AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION, DETER-
MINES, ON THE BASIS OF PRELIMINARY INFORMATION, THAT:
(1) A CHILD HAS MAGI HOUSEHOLD INCOME THAT DOES NOT EXCEED THE APPLI-
CABLE LEVEL FOR ELIGIBILITY AS PROVIDED FOR PURSUANT TO SUBPARAGRAPH TWO
OR THREE OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED
SIXTY-SIX OF THIS TITLE;
(2) A PREGNANT WOMAN HAS MAGI HOUSEHOLD INCOME THAT DOES NOT EXCEED
THE MAGI-EQUIVALENT OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE
FOR THE APPLICABLE FAMILY SIZE;
(3) A PARENT OR CARETAKER RELATIVE HAS MAGI HOUSEHOLD INCOME THAT DOES
NOT EXCEED THE MAGI-EQUIVALENT OF ONE HUNDRED THIRTY PERCENT OF THE
HIGHEST AMOUNT THAT ORDINARILY WOULD HAVE BEEN PAID TO A PERSON WITHOUT
ANY INCOME OR RESOURCES UNDER THE FAMILY ASSISTANCE PROGRAM AS IT
EXISTED ON THE FIRST DAY OF NOVEMBER, NINETEEN HUNDRED NINETY-SEVEN, OR
HAS NET AVAILABLE INCOME, INCLUDING AVAILABLE SUPPORT FROM RESPONSIBLE
RELATIVES, THAT DOES NOT EXCEED THE AMOUNTS SET FORTH IN PARAGRAPH (A)
OF SUBDIVISION TWO OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE;
A. 8558--C 161
(4) AN INDIVIDUAL IN NEED OF TREATMENT OF BREAST, CERVICAL, COLON, OR
PROSTATE CANCER MEETS THE REQUIREMENTS OF PARAGRAPH (D) OR (E) OF SUBDI-
VISION FOUR OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE;
(5) AN INDIVIDUAL AGE NINETEEN OR OLDER AND UNDER AGE SIXTY-FIVE MEETS
THE REQUIREMENTS OF SUBPARAGRAPH ONE OF PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION THREE HUNDRED SIXTY-SIX OF THIS TITLE;
(6) AN INDIVIDUAL UNDER TWENTY-SIX YEARS OF AGE MEETS THE REQUIREMENTS
OF SUBPARAGRAPH NINE OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION
THREE HUNDRED SIXTY-SIX OF THIS TITLE; AND
(7) AN INDIVIDUAL HAS INCOME THAT DOES NOT EXCEED THE MAGI-EQUIVALENT
OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LINE FOR THE APPLICABLE
FAMILY SIZE, AND THE INDIVIDUAL MEETS THE REQUIREMENTS OF SUBPARAGRAPH
SIX OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-
SIX OF THIS TITLE; COVERAGE PURSUANT TO THIS SUBPARAGRAPH SHALL BE
LIMITED TO FAMILY PLANNING SERVICES REIMBURSED BY THE FEDERAL GOVERNMENT
AT A RATE OF NINETY PERCENT.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "QUALIFIED HOSPITAL" MEANS A
HOSPITAL THAT:
(1) IS LICENSED AS A GENERAL HOSPITAL UNDER ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW;
(2) IS ENROLLED AS A PROVIDER IN THE PROGRAM OF MEDICAL ASSISTANCE
UNDER THIS TITLE;
(3) HAS NOTIFIED THE DEPARTMENT OF HEALTH OF ITS ELECTION TO MAKE
PRESUMPTIVE ELIGIBILITY DETERMINATIONS UNDER THIS SUBDIVISION, AND
AGREES TO MAKE SUCH DETERMINATIONS IN ACCORDANCE WITH POLICIES AND
PROCEDURES ESTABLISHED BY THE DEPARTMENT;
(4) HAS BEEN DESIGNATED BY THE DEPARTMENT OF HEALTH AS A CERTIFIED
APPLICATION COUNSELOR TO PROVIDE INFORMATION TO INDIVIDUALS CONCERNING
QUALIFIED HEALTH PLANS OFFERED THROUGH A HEALTH INSURANCE EXCHANGE AND
OTHER INSURANCE AFFORDABILITY PROGRAMS, ASSIST INDIVIDUALS TO APPLY FOR
COVERAGE THROUGH A QUALIFIED HEALTH PLAN OR INSURANCE AFFORDABILITY
PROGRAM, AND HELP FACILITATE THE ENROLLMENT OF ELIGIBLE INDIVIDUALS IN
SUCH PLANS OR PROGRAMS; AND
(5) HAS NOT BEEN DISQUALIFIED BY THE DEPARTMENT OF HEALTH PURSUANT TO
PARAGRAPH (C) OF THIS SUBDIVISION.
(C) THE DEPARTMENT OF HEALTH MAY DISQUALIFY A HOSPITAL AS A QUALIFIED
HOSPITAL IF THE DEPARTMENT DETERMINES THAT THE HOSPITAL IS NOT:
(1) MAKING, OR IS NOT CAPABLE OF MAKING, PRESUMPTIVE ELIGIBILITY
DETERMINATIONS IN ACCORDANCE WITH THE POLICIES AND PROCEDURES ESTAB-
LISHED BY THE DEPARTMENT; OR
(2) MEETING SUCH STANDARDS AS MAY BE ESTABLISHED BY THE DEPARTMENT
WITH RESPECT TO THE PROPORTION OF INDIVIDUALS DETERMINED PRESUMPTIVELY
ELIGIBLE BY THE HOSPITAL WHO ARE FOUND BY THE MEDICAL ASSISTANCE PROGRAM
TO BE ELIGIBLE FOR ONGOING MEDICAL ASSISTANCE AFTER THE END OF THE
PRESUMPTIVE ELIGIBILITY PERIOD.
(D) CARE, SERVICES AND SUPPLIES, AS SET FORTH IN SECTION THREE HUNDRED
SIXTY-FIVE-A OF THIS TITLE, THAT ARE FURNISHED TO AN INDIVIDUAL DURING A
PRESUMPTIVE ELIGIBILITY PERIOD UNDER THIS SUBDIVISION BY AN ENTITY THAT
IS ELIGIBLE FOR PAYMENTS UNDER THIS TITLE SHALL BE DEEMED TO BE MEDICAL
ASSISTANCE FOR PURPOSES OF PAYMENT AND STATE REIMBURSEMENT.
S 56. Subdivision 1 of section 366 of the social services law is
amended by adding a new paragraph (f) to read as follows:
(F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, FOR AN
INDIVIDUAL WHO HAS INCOME IN EXCESS OF AN APPLICABLE INCOME ELIGIBILITY
STANDARD AND IS ALLOWED TO ACHIEVE ELIGIBILITY FOR MEDICAL ASSISTANCE
UNDER THIS TITLE BY INCURRING MEDICAL EXPENSES EQUAL TO THE AMOUNT OF
A. 8558--C 162
SUCH EXCESS INCOME, THE AMOUNT OF EXCESS INCOME MAY BE CALCULATED BY
COMPARING THE INDIVIDUAL'S MAGI HOUSEHOLD INCOME TO THE MAGI-EQUIVALENT
OF THE APPLICABLE INCOME ELIGIBILITY STANDARD; PROVIDED, HOWEVER, THAT
MEDICAL ASSISTANCE SHALL BE FURNISHED PURSUANT TO THIS PARAGRAPH ONLY
IF, FOR SO LONG AS, AND TO THE EXTENT THAT FEDERAL FINANCIAL PARTIC-
IPATION IS AVAILABLE THEREFOR. THE COMMISSIONER OF HEALTH SHALL MAKE ANY
AMENDMENTS TO THE STATE PLAN FOR MEDICAL ASSISTANCE, OR APPLY FOR ANY
WAIVER OR APPROVAL UNDER THE FEDERAL SOCIAL SECURITY ACT THAT ARE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS PARAGRAPH.
S 56-a. Section 364-j of the social services law is amended by adding
a new subdivision 30 to read as follows:
30. NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW, IN THE EVENT THAT
THE STATE RECEIVES PRIOR APPROVAL AND ENHANCED FINANCIAL PARTICIPATION
FROM THE CENTERS FOR MEDICAID AND MEDICARE SERVICES, ADMINISTRATION FOR
CHILDREN AND FAMILIES AND THE FEDERAL FOOD AND NUTRITION SERVICES FOR
REIMBURSEMENT PURSUANT TO AN A-87 COST ALLOCATION WAIVER FOR ENHANCED
FUNDING FOR INTEGRATED ELIGIBILITY SYSTEMS, THE STATE IS AUTHORIZED TO
ENTER INTO CONTRACTS, AND/OR TO AMEND THE TERMS OF CONTRACTS AWARDED
PRIOR TO THE EFFECTIVE DATE OF THIS SUBDIVISION, CONSISTENT WITH FEDERAL
REQUIREMENTS, FOR THE PURPOSE OF IMPLEMENTING PROJECTS AUTHORIZED UNDER
SUCH WAIVER AMENDMENT; PROVIDED, HOWEVER, IN THE CASE OF A CONTRACT
ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, THAT:
(A) THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OR ANOTHER
STATE AGENCY, SHALL POST ON ITS WEBSITE, FOR A PERIOD OF NO LESS THAN
THIRTY DAYS:
(I) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO
THE CONTRACT OR CONTRACTS;
(II) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS;
(III) THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY
SEEK SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH
INFORMATION IS FIRST POSTED ON THE WEBSITE; AND
(IV) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SUCH
SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS;
(B) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM
PROSPECTIVE CONTRACTORS IN TIMELY FASHION SHALL BE REVIEWED BY THE
COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE OR OTHER STATE AGEN-
CY; AND
(C) THE COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE AND THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES, WORKING IN COOPERATION WITH THE STATE CHIEF INFORMATION
OFFICER, SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS THAT, IN THEIR
DISCRETION, ARE BEST SUITED TO SERVICE THE PURPOSES OF THIS SECTION.
S 57. Paragraph (e) of subdivision 8 of section 2511 of the public
health law, as added by section 21-a of part B of chapter 109 of the
laws of 2010, is amended and a new paragraph (h) is added to read as
follows:
(e) The commissioner shall adjust subsidy payments to approved organ-
izations made on and after April first, two thousand ten THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN, so that the amount of each such
payment, as otherwise calculated pursuant to this subdivision, is
reduced by twenty-eight percent of the amount by which such calculated
payment exceeds the statewide average subsidy payment for all approved
organizations in effect on April first, two thousand ten. Such statewide
average subsidy payment shall be calculated by the commissioner and
shall not reflect adjustments made pursuant to this paragraph.
A. 8558--C 163
(H) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS TITLE, ARTICLES
THIRTY-TWO AND FORTY-THREE OF THE INSURANCE LAW AND SUBSECTION (E) OF
SECTION ELEVEN HUNDRED TWENTY OF THE INSURANCE LAW, FOR THE PERIOD APRIL
FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
FIFTEEN, SUBSIDY PAYMENTS MADE TO APPROVED ORGANIZATIONS SHALL BE AT
AMOUNTS APPROVED PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
S 58. Intentionally omitted.
S 59. Paragraph (d) of subdivision 2 of section 2511 of the public
health law is REPEALED and paragraphs (e), (f), (g), (h) and (j) are
relettered paragraphs (d), (e), (f), (g) and (h).
S 60. Subparagraphs (iv) and (v) of paragraph (b) of subdivision 9 of
section 2511 of the public health law, subparagraph (iv) as amended by
section 33 of part D of chapter 56 of the laws of 2013 and subparagraph
(v) as amended by chapter 2 of the laws of 1998, are amended to read as
follows:
(iv) outstationing of persons who are authorized to provide assistance
to families in completing the enrollment application process under this
title and title eleven of article five of the social services law, in
locations, such as community settings, which are geographically accessi-
ble to large numbers of children who may be eligible for benefits under
such titles, and at times, including evenings and weekends, when large
numbers of children who may be eligible for benefits under such titles
are likely to be encountered. Persons outstationed in accordance with
this subparagraph shall be authorized to make determinations of presump-
tive eligibility in accordance with paragraph [(g)] (F) of subdivision
two of THIS section [two thousand five hundred and eleven of this
title]; and
(v) notice by local social services districts to medical assistance
applicants of the availability of benefits under paragraph [(g)] (F) of
subdivision two of THIS section [two thousand five hundred and eleven of
this title].
S 61. Subdivisions 3, 4 and 5 of section 47 of chapter 2 of the laws
of 1998, amending the public health law and other laws relating to
expanding the child health insurance plan, as amended by section 19 of
part D of chapter 59 of the laws of 2011, are amended to read as
follows:
3. section six of this act shall take effect January 1, 1999;
[provided, however, that subparagraph (iii) of paragraph (c) of subdivi-
sion 9 of section 2510 of the public health law, as added by this act,
shall expire on July 1, 2014;]
4. sections two, three, four, seven, eight, nine, fourteen, fifteen,
sixteen, eighteen, eighteen-a, [twenty-three,] twenty-four, and twenty-
nine of this act shall take effect January 1, 1999 and SECTION EIGH-
TEEN-A shall expire on July 1, 2014; section twenty-five of this act
shall take effect on January 1, 1999 and shall expire on April 1, 2005;
5. section twelve of this act shall take effect January 1, 1999;
[provided, however, paragraphs (g) and (h) of subdivision 2 of section
2511 of the public health law, as added by such section, shall expire on
July 1, 2014;]
S 62. Intentionally omitted.
S 63. Section 4 of chapter 779 of the laws of 1986, amending the
social services law relating to authorizing services for non-residents
in adult homes, residences for adults and enriched housing programs, as
amended by chapter 108 of the laws of 2011, is amended to read as
follows:
A. 8558--C 164
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall remain in full force and effect
until July 1, [2014] 2017, provided however, that effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary for the implementation of the foregoing sections of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.
S 64. Subdivision (i-1) of section 79 of part C of chapter 58 of the
laws of 2008, amending the social services law and the public health law
relating to adjustments of rates, as amended by section 21 of part D of
chapter 59 of the laws of 2011, is amended to read as follows:
(i-1) section thirty-one-a of this act shall be deemed repealed July
1, [2014] 2017;
S 65. Section 4 of chapter 19 of the laws of 1998, amending the social
services law relating to limiting the method of payment for prescription
drugs under the medical assistance program, as amended by section 107 of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
S 4. This act shall take effect 120 days after it shall have become a
law and shall expire and be deemed repealed March 31, [2014] 2017.
S 66. Paragraph (e-1) of subdivision 12 of section 2808 of the public
health law, as amended by section 63 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
(e-1) Notwithstanding any inconsistent provision of law or regulation,
the commissioner shall provide, in addition to payments established
pursuant to this article prior to application of this section, addi-
tional payments under the medical assistance program pursuant to title
eleven of article five of the social services law for non-state operated
public residential health care facilities, including public residential
health care facilities located in the county of Nassau, the county of
Westchester and the county of Erie, but excluding public residential
health care facilities operated by a town or city within a county, in
aggregate annual amounts of up to one hundred fifty million dollars in
additional payments for the state fiscal year beginning April first, two
thousand six and for the state fiscal year beginning April first, two
thousand seven and for the state fiscal year beginning April first, two
thousand eight and of up to three hundred million dollars in such aggre-
gate annual additional payments for the state fiscal year beginning
April first, two thousand nine, and for the state fiscal year beginning
April first, two thousand ten and for the state fiscal year beginning
April first, two thousand eleven, and for the state fiscal years begin-
ning April first, two thousand twelve and April first, two thousand
thirteen, AND OF UP TO FIVE HUNDRED MILLION DOLLARS IN SUCH AGGREGATE
ANNUAL ADDITIONAL PAYMENTS FOR THE STATE FISCAL YEARS BEGINNING APRIL
FIRST, TWO THOUSAND FOURTEEN, APRIL FIRST, TWO THOUSAND FIFTEEN AND
APRIL FIRST, TWO THOUSAND SIXTEEN. The amount allocated to each eligible
public residential health care facility for this period shall be
computed in accordance with the provisions of paragraph (f) of this
subdivision, provided, however, that patient days shall be utilized for
such computation reflecting actual reported data for two thousand three
and each representative succeeding year as applicable, and provided
further, however, that, in consultation with impacted providers, of the
funds allocated for distribution in the state fiscal year beginning
April first, two thousand thirteen, up to thirty-two million dollars may
be allocated in accordance with paragraph (f-1) of this subdivision.
A. 8558--C 165
S 67. Paragraph (i) of subdivision 3 of section 461-1 of the social
services law, as amended by section 4 of part D of chapter 56 of the
laws of 2012, is amended to read as follows:
(i) The commissioner of health is authorized to add up to six thousand
assisted living program beds to the gross number of assisted living
program beds having been determined to be available as of April first,
two thousand nine. Nothing herein shall be interpreted as prohibiting
any eligible applicant from submitting an application for any assisted
living program bed so added. The commissioner of health shall not be
required to review on a comparative basis applications submitted for
assisted living program beds made available under this paragraph. The
commissioner of health shall only authorize the addition of six thousand
beds pursuant to a [five] SEVEN year plan.
S 67-a. Subparagraph (v) of paragraph (b) of subdivision 35 of section
2807-c of the public health law, as amended by section 7 of part B of
chapter 56 of the laws of 2013, is amended to read as follows:
(v) such regulations shall incorporate quality related measures,
including, but not limited to, potentially preventable re-admissions
(PPRs) and provide for rate adjustments or payment disallowances related
to PPRs and other potentially preventable negative outcomes (PPNOs),
which shall be calculated in accordance with methodologies as determined
by the commissioner, provided, however, that such methodologies shall be
based on a comparison of the actual and risk adjusted expected number of
PPRs and other PPNOs in a given hospital and with benchmarks established
by the commissioner and provided further that such rate adjustments or
payment disallowances shall result in an aggregate reduction in Medicaid
payments of no less than thirty-five million dollars for the period July
first, two thousand ten through March thirty-first, two thousand eleven
and no less than fifty-one million dollars for annual periods beginning
April first, two thousand eleven through March thirty-first, two thou-
sand [fourteen] SEVENTEEN, provided further that such aggregate
reductions shall be offset by Medicaid payment reductions occurring as a
result of decreased PPRs during the period July first, two thousand ten
through March thirty-first, two thousand eleven and the period April
first, two thousand eleven through March thirty-first, two thousand
[fourteen] SEVENTEEN and as a result of decreased PPNOs during the peri-
od April first, two thousand eleven through March thirty-first, two
thousand [fourteen] SEVENTEEN; and provided further that for the period
July first, two thousand ten through March thirty-first, two thousand
[fourteen] SEVENTEEN, such rate adjustments or payment disallowances
shall not apply to behavioral health PPRs; or to readmissions that occur
on or after fifteen days following an initial admission. By no later
than July first, two thousand eleven the commissioner shall enter into
consultations with representatives of the health care facilities subject
to this section regarding potential prospective revisions to applicable
methodologies and benchmarks set forth in regulations issued pursuant to
this subparagraph;
S 67-b. Paragraph (b) of subdivision 1 of section 76 of chapter 731 of
the laws of 1993, amending the public health law and other laws relating
to reimbursement, delivery and capital cost of ambulatory health care
services and inpatient hospital services, as amended by section 28 of
part A of chapter 59 of the laws of 2011, is amended to read as follows:
(b) sections fifteen through nineteen and subdivision 3 of section
2807-e of the public health law as added by section twenty of this act
shall expire on July 1, [2014] 2017, and section seventy-four of this
act shall expire on July 1, 2007;
A. 8558--C 166
S 67-c. Section 18 of chapter 904 the laws of 1984, amending the
public health law and the social services law relating to encouraging
comprehensive health services, as amended by section 21 of part C of
chapter 59 of the laws of 2011, is amended to read as follows:
S 18. This act shall take effect immediately, except that sections
six, nine, ten and eleven of this act shall take effect on the sixtieth
day after it shall have become a law, sections two, three, four and nine
of this act shall expire and be of no further force or effect on or
after March 31, [2014] 2017, section two of this act shall take effect
on April 1, 1985 or seventy-five days following the submission of the
report required by section one of this act, whichever is later, and
sections eleven and thirteen of this act shall expire and be of no
further force or effect on or after March 31, 1988.
S 68. Notwithstanding any inconsistent provision of law, rule or regu-
lation, for purposes of implementing the provisions of the public health
law and the social services law, references to titles XIX and XXI of the
federal social security act in the public health law and the social
services law shall be deemed to include and also to mean any successor
titles thereto under the federal social security act.
S 69. Notwithstanding any inconsistent provision of law, rule or regu-
lation, the effectiveness of the provisions of sections 2807 and 3614 of
the public health law, section 18 of chapter 2 of the laws of 1988, and
18 NYCRR 505.14(h), as they relate to time frames for notice, approval
or certification of rates of payment, are hereby suspended and without
force or effect for purposes of implementing the provisions of this act.
S 70. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of the
legislature that this act would have been enacted even if such invalid
provisions had not been included herein.
S 71. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014 provided
that:
1. sections five, fifty-nine and sixty of this act shall take effect
July 1, 2014;
2. section twenty-six of this act shall take effect immediately and be
deemed to have been in full force and effect on and after March 1, 2014;
3. section nine of this act shall take effect May 1, 2014; provided,
however, that the amendments to subparagraph (iii) of paragraph (c) of
subdivision 6 of section 367-a of the social services law made by
section nine of this act shall not affect the repeal of such paragraph
and shall be deemed repealed therewith;
4. section ten of this act shall expire and be deemed repealed March
31, 2016;
5. the amendments to section 1 of part H of chapter 111 of the laws of
2010 made by section fifteen of this act shall not affect the expiration
of such section and shall be deemed expired therewith;
5-a. the amendments to section 45-c of part A of chapter 56 of the
laws of 2013 made by section sixteen-a of this act shall expire and be
deemed repealed January 1, 2018.
A. 8558--C 167
6. the amendments to section 364-j of the social services law made by
sections thirty-six, and fifty-six-a of this act shall not affect the
repeal of such section and shall be deemed repealed therewith;
7. the amendments to section 4403-f of the public health law made by
section thirty-seven, thirty-seven-a, thirty-seven-b, and thirty-nine-d
of this act shall not affect the repeal of such section and shall be
deemed expired and repealed therewith;
8. the amendments to section 48-a of part A of chapter 56 of the laws
of 2013 made by section thirteen of this act shall not affect the repeal
of such section and shall be deemed repealed therewith;
9. provided that the amendments to section 364-jj of the social
services law made by section thirty-nine of this act shall be subject to
the expiration and reversion of such section pursuant to section 84 of
part A of chapter 56 of the laws of 2013, as amended, when upon such
date the provisions of section thirty-nine-a of this act shall take
effect.
9-a. the amendments to subdivision 9 of section 2511 of the public
health law made by section sixty of this act shall not affect the expi-
ration of such subdivision and shall expire therewith;
9-b. the amendments to paragraph (d) of subdivision 3 of section 364-j
of the social services law made by section forty-one-a of this act shall
not affect the repeal of such section and shall be deemed repealed ther-
ewith.
10. any rules or regulations necessary to implement the provisions of
this act may be promulgated and any procedures, forms, or instructions
necessary for such implementation may be adopted and issued on or after
the date this act shall have become a law;
11. this act shall not be construed to alter, change, affect, impair
or defeat any rights, obligations, duties or interests accrued, incurred
or conferred prior to the effective date of this act;
12. the commissioner of health and the superintendent of the depart-
ment of financial services and any appropriate council may take any
steps necessary to implement this act prior to its effective date;
13. notwithstanding any inconsistent provision of the state adminis-
trative procedure act or any other provision of law, rule or regulation,
the commissioner of health and the superintendent of the department of
financial services and any appropriate council is authorized to adopt or
amend or promulgate on an emergency basis any regulation he or she or
such council determines necessary to implement any provision of this act
on its effective date; and
14. the provisions of this act shall become effective notwithstanding
the failure of the commissioner of health or the superintendent of the
department of financial services or any council to adopt or amend or
promulgate regulations implementing this act.
PART D
Intentionally Omitted
PART E
Section 1. Section 3 of part A of chapter 111 of the laws of 2010
amending the mental hygiene law relating to the receipt of federal and
state benefits received by individuals receiving care in facilities
operated by an office of the department of mental hygiene, is amended to
read as follows:
A. 8558--C 168
S 3. This act shall take effect immediately; and shall expire and be
deemed repealed June 30, [2014] 2017.
S 2. This act shall take effect immediately.
PART F
Section 1. Section 1 of part D of chapter 111 of the laws of 2010
relating to the recovery of exempt income by the office of mental health
for community residences and family-based treatment programs, as amended
by section 1 of part I of chapter 56 of the laws of 2013, is amended to
read as follows:
Section 1. The office of mental health is authorized to recover fund-
ing from community residences [and family-based treatment providers]
licensed by the office of mental health, consistent with contractual
obligations of such providers, and notwithstanding any other inconsist-
ent provision of law to the contrary, in an amount equal to 50 percent
of the income received by such providers which exceeds the fixed amount
of annual Medicaid revenue limitations, as established by the commis-
sioner of mental health. Recovery of such excess income shall be for the
following fiscal periods: for programs in counties located outside of
the city of New York, the applicable fiscal periods shall be January 1,
2003 through December 31, 2009 and January 1, 2011 through December 31,
[2014] 2015; and for programs located within the city of New York, the
applicable fiscal periods shall be July 1, 2003 through June 30, 2010
and July 1, 2011 through June 30, [2014] 2015.
S 2. This act shall take effect immediately.
PART G
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Section 1. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 25 of part C of chapter 59 of the laws of 2011, is
amended to read as follows:
S 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2014] 2017 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
S 2. This act shall take effect immediately.
PART J
Section 1. Section 7 of part R2 of chapter 62 of the laws of 2003,
amending the mental hygiene law and the state finance law relating to
the community mental health support and workforce reinvestment program,
the membership of subcommittees for mental health of community services
A. 8558--C 169
boards and the duties of such subcommittees and creating the community
mental health and workforce reinvestment account, as amended by section
3 of part H of chapter 56 of the laws of 2013, is amended to read as
follows:
S 7. This act shall take effect immediately and shall expire March 31,
[2015] 2018 when upon such date the provisions of this act shall be
deemed repealed.
S 2. This act shall take effect immediately.
PART K
Section 1. Subsection (l) of section 3216 of the insurance law, as
added by section 42 of part D of chapter 56 of the laws of 2013, is
amended to read as follows:
(l) On and after October first, two thousand thirteen, an insurer
shall not offer individual hospital, medical or surgical expense insur-
ance policies unless the policies meet the requirements of subsection
(b) of section four thousand three hundred twenty-eight of this chapter.
IF, HOWEVER, THE SUPERINTENDENT DETERMINES THAT ANOTHER HEALTH INSURER
OR HEALTH MAINTENANCE ORGANIZATION WITHIN THE INSURER'S SAME HOLDING
COMPANY SYSTEM, AS DEFINED IN ARTICLE FIFTEEN OF THIS CHAPTER, OFFERS AN
INDIVIDUAL ENROLLEE DIRECT PAYMENT CONTRACT AT EACH LEVEL OF COVERAGE AS
DEFINED IN SECTION 1302(D) OF THE AFFORDABLE CARE ACT, 42 U.S.C. S
18022(D) PURSUANT TO THE REQUIREMENTS OF SECTION FOUR THOUSAND THREE
HUNDRED TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDES ALL OF THE CONSUMER
PROTECTIONS REQUIRED TO BE PROVIDED BY A HEALTH MAINTENANCE ORGANIZATION
PURSUANT TO THE PUBLIC HEALTH LAW AND REGULATIONS, INCLUDING THOSE
CONSUMER PROTECTIONS CONTAINED IN SECTIONS FOUR THOUSAND FOUR HUNDRED
THREE AND FOUR THOUSAND FOUR HUNDRED EIGHT-A OF THE PUBLIC HEALTH LAW,
AN INSURER WILL NOT BE REQUIRED TO OFFER A POLICY AT EACH LEVEL OF
COVERAGE AS DEFINED IN SECTION 1302(D) OF THE AFFORDABLE CARE ACT, 42
U.S.C S 18022(D). Such policies that are offered within the health bene-
fit exchange established pursuant to section 1311 of the affordable care
act, 42 U.S.C. S 18031, or any regulations promulgated thereunder, also
shall meet any requirements established by the health benefit exchange.
S 2. Subsection (g) of section 3221 of the insurance law, as added by
section 49 of part D of chapter 56 of the laws of 2013, is amended to
read as follows:
(g) For conversion purposes, an insurer shall offer to the employee or
member a policy at each level of coverage as defined in section 1302(d)
of the affordable care act, 42 U.S.C. S 18022(d) that contains the bene-
fits described in paragraph one of subsection (b) of section four thou-
sand three hundred twenty-eight of this chapter. IF, HOWEVER, THE
SUPERINTENDENT DETERMINES THAT ANOTHER HEALTH INSURER OR HEALTH MAINTE-
NANCE ORGANIZATION WITHIN THE INSURER'S SAME HOLDING COMPANY SYSTEM, AS
DEFINED IN ARTICLE FIFTEEN OF THIS CHAPTER, OFFERS AN INDIVIDUAL ENROL-
LEE DIRECT PAYMENT CONTRACT AT EACH LEVEL OF COVERAGE AS DEFINED IN
SECTION 1302(D) OF THE AFFORDABLE CARE ACT, 42 U.S.C. S 18022(D) PURSU-
ANT TO THE REQUIREMENTS OF SECTION FOUR THOUSAND THREE HUNDRED
TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDES ALL OF THE CONSUMER
PROTECTIONS REQUIRED TO BE PROVIDED BY A HEALTH MAINTENANCE ORGANIZATION
PURSUANT TO THE PUBLIC HEALTH LAW AND REGULATIONS, INCLUDING THOSE
CONSUMER PROTECTIONS CONTAINED IN SECTIONS FOUR THOUSAND FOUR HUNDRED
THREE AND FOUR THOUSAND FOUR HUNDRED EIGHT-A OF THE PUBLIC HEALTH LAW,
AN INSURER WILL NOT BE REQUIRED TO OFFER A POLICY AT EACH LEVEL OF
A. 8558--C 170
COVERAGE AS DEFINED IN SECTION 1302(D) OF THE AFFORDABLE CARE ACT, 42
U.S.C S 18022(D).
S 3. Paragraph 1 of subsection (e) of section 4304 of the insurance
law, as amended by section 51 of part D of chapter 56 of the laws of
2013, is amended to read as follows:
(1) If any such contract is terminated in accordance with the
provisions of paragraph one of subsection (c) of this section, or any
such contract is terminated because of a default by the remitting agent
in the payment of premiums not cured within the grace period and the
remitting agent has not replaced the contract with similar and contin-
uous coverage for the same group whether insured or self-insured, or any
such contract is terminated in accordance with the provisions of subpar-
agraph (E) of paragraph two of subsection (c) of this section, or if an
individual other than the contract holder is no longer covered under a
"family contract" because the individual is no longer within the defi-
nition set forth in the contract, or a spouse is no longer covered under
the contract because of divorce from the contract holder or annulment of
the marriage, or any such contract is terminated because of the death of
the contract holder, then such individual, former spouse, or in the case
of the death of the contract holder the surviving spouse or other depen-
dents of the deceased contract holder covered under the contract, as the
case may be, shall be entitled to convert, without evidence of insura-
bility, upon application therefor and the making of the first payment
thereunder within sixty days after the date of termination of such
contract, to a contract that contains the benefits described in para-
graph one of subsection (b) of section four thousand three hundred twen-
ty-eight of this chapter. The corporation shall offer one contract at
each level of coverage as defined in section 1302(d) of the affordable
care act, 42 U.S.C. S 18022(d). IF, HOWEVER, THE SUPERINTENDENT DETER-
MINES THAT ANOTHER HEALTH INSURER OR HEALTH MAINTENANCE ORGANIZATION
WITHIN THE INSURER'S SAME HOLDING COMPANY SYSTEM, AS DEFINED IN ARTICLE
FIFTEEN OF THIS CHAPTER, OFFERS AN INDIVIDUAL ENROLLEE DIRECT PAYMENT
CONTRACT AT EACH LEVEL OF COVERAGE AS DEFINED IN SECTION 1302(D) OF THE
AFFORDABLE CARE ACT, 42 U.S.C. S 18022(D) PURSUANT TO THE REQUIREMENTS
OF SECTION FOUR THOUSAND THREE HUNDRED TWENTY-EIGHT OF THIS CHAPTER THAT
PROVIDES ALL OF THE CONSUMER PROTECTIONS REQUIRED TO BE PROVIDED BY A
HEALTH MAINTENANCE ORGANIZATION PURSUANT TO THE PUBLIC HEALTH LAW AND
REGULATIONS, INCLUDING THOSE CONSUMER PROTECTIONS CONTAINED IN SECTIONS
FOUR THOUSAND FOUR HUNDRED THREE AND FOUR THOUSAND FOUR HUNDRED EIGHT-A
OF THE PUBLIC HEALTH LAW, AN INSURER WILL NOT BE REQUIRED TO OFFER A
POLICY AT EACH LEVEL OF COVERAGE AS DEFINED IN SECTION 1302(D) OF THE
AFFORDABLE CARE ACT, 42 U.S.C. S 18022(D). The individual may choose any
such contract offered by the corporation. The effective date of the
coverage provided by the converted direct payment contract shall be the
date of the termination of coverage under the contract from which
conversion was made.
S 4. Subparagraph (A) of paragraph 1 of subsection (d) of section 4305
of the insurance law, as amended by section 52 of part D of chapter 56
of the laws of 2013, is amended to read as follows:
(A) A group contract issued pursuant to this section shall contain a
provision to the effect that in case of a termination of coverage under
such contract of any member of the group because of (i) termination for
any reason whatsoever of the member's employment or membership, or (ii)
termination for any reason whatsoever of the group contract itself
unless the group contract holder has replaced the group contract with
similar and continuous coverage for the same group whether insured or
A. 8558--C 171
self-insured, the member shall be entitled to have issued to the member
by the corporation, without evidence of insurability, upon application
therefor and payment of the first premium made to the corporation within
sixty days after termination of the coverage, an individual direct
payment contract, covering such member and the member's eligible depen-
dents who were covered by the group contract, which provides coverage
that contains the benefits described in paragraph one of subsection (b)
of section four thousand three hundred twenty-eight of this chapter. The
corporation shall offer one contract at each level of coverage as
defined in section 1302(d) of the affordable care act, 42 U.S.C. S
18022(d). IF, HOWEVER, THE SUPERINTENDENT DETERMINES THAT ANOTHER
HEALTH INSURER OR HEALTH MAINTENANCE ORGANIZATION WITHIN THE INSURER'S
SAME HOLDING COMPANY SYSTEM, AS DEFINED IN ARTICLE FIFTEEN OF THIS CHAP-
TER, OFFERS AN INDIVIDUAL ENROLLEE DIRECT PAYMENT CONTRACT AT EACH LEVEL
OF COVERAGE AS DEFINED IN SECTION 1302(D) OF THE AFFORDABLE CARE ACT, 42
U.S.C. S 18022(D) PURSUANT TO THE REQUIREMENTS OF SECTION FOUR THOUSAND
THREE HUNDRED TWENTY-EIGHT OF THIS CHAPTER THAT PROVIDES ALL OF THE
CONSUMER PROTECTIONS REQUIRED TO BE PROVIDED BY A HEALTH MAINTENANCE
ORGANIZATION PURSUANT TO THE PUBLIC HEALTH LAW AND REGULATIONS, INCLUD-
ING THOSE CONSUMER PROTECTIONS CONTAINED IN SECTIONS FOUR THOUSAND FOUR
HUNDRED THREE AND FOUR THOUSAND FOUR HUNDRED EIGHT-A OF THE PUBLIC
HEALTH LAW, AN INSURER WILL NOT BE REQUIRED TO OFFER A POLICY AT EACH
LEVEL OF COVERAGE AS DEFINED IN SECTION 1302(D) OF THE AFFORDABLE CARE
ACT, 42 U.S.C S 18022(D). The member may choose any such contract
offered by the corporation.
S 5. This act shall take effect immediately.
PART L
Section 1. Subdivision (a) of section 13.37-a of the mental hygiene
law, as added by chapter 405 of the laws of 1998, is amended to read as
follows:
(a) For purposes of this section, "transitional care" shall mean care
and maintenance of persons:
1. who were placed in foster care by a social services district pursu-
ant to article six of the social services law and who have become twen-
ty-one years of age, or who were placed in a residential educational
placement by a school district pursuant to article eighty-nine of the
education law and who are no longer eligible for free educational
services because they have completed the school year in which they
became twenty-one;
2. who were disabled and in need of residential care prior to becoming
age twenty-one or prior to becoming ineligible for free education
services and who have since remained continuously disabled and contin-
uously in need of residential care;
3. [who became twenty-one or became ineligible for free educational
services prior to July first, nineteen hundred ninety-six;
4.]with respect to whom the office has approved a plan of continued
out of home care for the person but has not yet identified a currently
available appropriate placement; AND
[5.] 4. whose residential needs can be met by the facility in which
the persons resided prior to becoming age twenty-one or becoming ineli-
gible for free educational services[; and].
[6. who on July first, nineteen hundred ninety-eight are in receipt of
transitional care, or who have continuously remained in the foster care
A. 8558--C 172
or residential education placement where they had received transitional
care.]
S 2. Subdivision (a) of section 13.38 of the mental hygiene law, as
amended by chapter 405 of the laws of 1998, is amended to read as
follows:
(a) The office shall, in consultation with the department of social
services, the education department, the office of mental health, and the
council on children and families, develop a plan and implement
procedures to help assure that all persons who are at the age or time
to first qualify for transitional care, as described in section 13.37-a
of this article, and for whom the office has accepted planning respon-
sibilities, receive assistance in locating an appropriate and available
residential placement or plan of services, within the state and within
the system of care subject to the jurisdiction of the office, prior to
the age or time at which they would otherwise have qualified for transi-
tional care[, if such individuals had become twenty-one or become ineli-
gible for educational services prior to July first, nineteen hundred
ninety-six]. For purposes of this section, the age or time at which a
person would qualify for transitional care is twenty-one for persons in
foster care, and the end of the school year in which they become
twenty-one for persons in residential schools.
S 3. Subdivision (e) of section 13.38 of the mental hygiene law, as
amended by chapter 405 of the laws of 1998, is amended to read as
follows:
(e) Upon making a determination that a person who is receiving transi-
tional care can be appropriately cared for in an available adult care
facility or service licensed, certified or approved by the office, and
whose removal from a child care facility is not required on an expedited
basis, the office shall notify BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, the person and the person's guardian, if one has been
appointed, [or] AND, WHEN APPLICABLE, another individual who has been
involved in the care of the person and who [can] MAY represent the
person's interests, of the DESCRIPTION OF THE PROPOSED NEW PLACEMENT,
THE availability of an administrative appeal to review the determi-
nation INCLUDING A DESCRIPTION OF THE ADMINISTRATIVE APPEAL PROCEDURE,
CONTACT INFORMATION AS IT RELATES TO MAKING AN OBJECTION, and of the
need to request such an appeal IN WRITING within thirty days of the
notice. SUCH NOTIFICATION SHALL BE PROVIDED TO THE PERSON AND THE
PERSON'S GUARDIAN, IF ONE HAS BEEN APPOINTED AND, WHEN APPLICABLE,
ANOTHER INDIVIDUAL WHO HAS BEEN INVOLVED IN THE CARE OF THE PERSON AND
WHO MAY REPRESENT THE PERSON'S INTERESTS NO LATER THAN FORTY-FIVE DAYS
PRIOR TO THE DATE OF THE OFFICE'S INTENDED CHANGE IN PLACEMENT. If the
person, guardian or other individual requests an administrative appeal
within the time required, the office shall WITHIN FIVE DAYS OF RECEIPT
OF THE WRITTEN REQUEST FOR APPEAL, schedule a hearing [and the] PROVID-
ING NO LESS THAN TEN DAYS NOTICE TO THE OBJECTING PARTY. THE commission-
er or his or her designee shall issue a WRITTEN determination TO THE
INVOLVED INDIVIDUALS within thirty days of the adjournment of the hear-
ing, on whether the adult placement identified by the office is appro-
priate to the needs of the person and is available or will become avail-
able on an identified date certain. THE WRITTEN DETERMINATION SHALL BE
THE FINAL ADMINISTRATIVE REMEDY AVAILABLE AND SHALL BE SUBJECT TO REVIEW
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES. If the person, guardian or other individual does
not request a hearing within the time required, or if the hearing
results in a determination that the proposed adult services or placement
A. 8558--C 173
is appropriate to the needs of the person and is available or will be
available on an identified date certain, the office shall discontinue
transitional care funding for the person as of a date certain.
S 4. This act shall take effect immediately.
PART M
Section 1. Section 6802 of the education law is amended by adding
three new subdivisions 24, 25 and 26 to read as follows:
24. "COMPOUNDING" MEANS THE COMBINING, ADMIXING, MIXING, DILUTING,
POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF A DRUG OR BULK DRUG
SUBSTANCE TO CREATE A DRUG.
25. "OUTSOURCING FACILITY" MEANS A FACILITY THAT:
(A) IS ENGAGED IN THE COMPOUNDING OF STERILE DRUGS;
(B) IS CURRENTLY REGISTERED AS AN OUTSOURCING FACILITY WITH THE SECRE-
TARY OF HEALTH AND HUMAN SERVICES; AND
(C) COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL AND STATE
LAW, INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
26. "STERILE DRUG" MEANS A DRUG THAT IS INTENDED FOR PARENTERAL ADMIN-
ISTRATION, AN OPHTHALMIC OR ORAL INHALATION DRUG IN AQUEOUS FORMAT, OR A
DRUG THAT IS REQUIRED TO BE STERILE UNDER FEDERAL OR STATE LAW.
S 2. Subdivision 1 of section 6808 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
1. No person, firm, corporation or association shall possess drugs,
prescriptions or poisons for the purpose of compounding, dispensing,
retailing, wholesaling, or manufacturing, or shall offer drugs,
prescriptions or poisons for sale at retail or wholesale unless regis-
tered by the department as a pharmacy, [store,] wholesaler, [or]
manufacturer OR OUTSOURCING FACILITY.
S 3. Subdivisions 5, 6 and 7 of section 6808 of the education law are
renumbered subdivisions 6, 7 and 8 and a new subdivision 5 is added to
read as follows:
5. OUTSOURCING FACILITY'S REGISTRATION.
A. OBTAINING A REGISTRATION. AN OUTSOURCING FACILITY SHALL BE REGIS-
TERED AS FOLLOWS:
(1) AN APPLICATION FOR INITIAL REGISTRATION OR RENEWAL OF REGISTRATION
SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPARTMENT.
(2) AN APPLICATION FOR INITIAL REGISTRATION SHALL BE ACCOMPANIED BY A
FEE OF EIGHT HUNDRED TWENTY-FIVE DOLLARS.
B. RENEWAL OF REGISTRATION. ALL OUTSOURCING FACILITIES' REGISTRATIONS
SHALL BE RENEWED ON A DATE SET BY THE DEPARTMENT. THE TRIENNIAL REGIS-
TRATION FEE SHALL BE FIVE HUNDRED TWENTY DOLLARS OR A PRO RATED PORTION
THEREOF AS DETERMINED BY THE DEPARTMENT.
C. DISPLAY OF REGISTRATION. THE REGISTRATION SHALL BE DISPLAYED
CONSPICUOUSLY IN THE PLACE OF BUSINESS.
D. CHANGE OF LOCATION. IN THE EVENT THAT THE LOCATION OF SUCH PLACE OF
BUSINESS SHALL BE CHANGED, THE OWNER SHALL APPLY TO THE DEPARTMENT FOR
INSPECTION OF THE NEW LOCATION AND ENDORSEMENT OF THE REGISTRATION FOR
THE NEW LOCATION. THE FEE FOR INSPECTION AND ENDORSEMENT SHALL BE ONE
HUNDRED SEVENTY-FIVE DOLLARS, UNLESS IT APPEARS TO THE SATISFACTION OF
THE DEPARTMENT THAT THE CHANGE IN LOCATION IS OF A TEMPORARY NATURE DUE
TO FIRE, FLOOD OR OTHER DISASTER.
E. REPORT. UPON INITIALLY REGISTERING AS AN OUTSOURCING FACILITY AND
EVERY SIX MONTHS THEREAFTER, EACH OUTSOURCING FACILITY SHALL SUBMIT TO
THE EXECUTIVE SECRETARY OF THE STATE BOARD OF PHARMACY A REPORT:
A. 8558--C 174
(1) IDENTIFYING THE DRUGS COMPOUNDED BY SUCH OUTSOURCING FACILITY
DURING THE PREVIOUS 6-MONTH PERIOD; AND
(2) WITH RESPECT TO EACH DRUG IDENTIFIED UNDER SUBPARAGRAPH ONE OF
THIS PARAGRAPH, PROVIDING THE ACTIVE INGREDIENT; THE SOURCE OF SUCH
ACTIVE INGREDIENT; THE NATIONAL DRUG CODE NUMBER OF THE SOURCE DRUG OR
BULK ACTIVE INGREDIENT, IF AVAILABLE; THE STRENGTH OF THE ACTIVE INGRE-
DIENT PER UNIT; THE DOSAGE FORM AND ROUTE OF ADMINISTRATION; THE PACKAGE
DESCRIPTION; THE NUMBER OF INDIVIDUAL UNITS PRODUCED; AND THE NATIONAL
DRUG CODE NUMBER OF THE FINAL PRODUCT, IF ASSIGNED.
F. CONDUCT OF OUTSOURCING FACILITY. EVERY OWNER OF AN OUTSOURCING
FACILITY IS RESPONSIBLE FOR THE STRENGTH, QUALITY, PURITY AND LABELING
THEREOF OF ALL COMPOUNDED DRUGS, SUBJECT TO THE GUARANTY PROVISIONS OF
THIS ARTICLE AND THE PUBLIC HEALTH LAW. EVERY OUTSOURCING FACILITY SHALL
BE UNDER THE IMMEDIATE SUPERVISION AND MANAGEMENT OF A PHARMACIST
LICENSED TO PRACTICE IN NEW YORK STATE.
G. APPLICANT FOR REGISTRATION. AN APPLICANT FOR REGISTRATION OF AN
OUTSOURCING FACILITY SHALL BE OF GOOD MORAL CHARACTER, AS DETERMINED BY
THE DEPARTMENT. IN THE CASE OF A CORPORATE APPLICANT, THE REQUIREMENT
SHALL EXTEND TO ALL OFFICERS AND DIRECTORS AND STAKEHOLDERS HAVING A TEN
PERCENT OR GREATER INTEREST IN THE CORPORATION.
S 4. Subdivisions 6 and 7 of section 6808 of the education law, subdi-
vision 6 as added by chapter 987 of the laws of 1971, subdivision 7 as
amended by chapter 881 of the laws of 1972, such subdivisions as renum-
bered by section three of this act, are amended to read as follows:
6. Inspection. The state board of pharmacy and the department of
education, and their employees designated by the commissioner, shall
have the right to enter any pharmacy, wholesaler, manufacturer, [or
registered store,] OUTSOURCING FACILITY or vehicle and to inspect, at
reasonable times, such factory, warehouse, establishment or vehicle and
all records required by this article, pertinent equipment, finished and
unfinished materials, containers, and labels.
7. [Revocation or suspension] PENALTIES. A pharmacy, [store,] whole-
saler [or], manufacturer [registration may be revoked or suspended by
the committee on professional conduct of the state board of pharmacy in
accordance with the provisions of article one hundred thirty] OR
OUTSOURCING FACILITY REGISTERED UNDER THIS SECTION SHALL BE UNDER THE
SUPERVISION OF THE BOARD OF REGENTS AND SHALL BE SUBJECT TO DISCIPLINARY
PROCEEDINGS AND PENALTIES IN ACCORDANCE WITH ARTICLE ONE HUNDRED THIRTY
OF THIS CHAPTER IN THE SAME MANNER AND TO THE SAME EXTENT AS INDIVIDUALS
AND PROFESSIONAL SERVICE CORPORATIONS WITH RESPECT TO THEIR LICENSES AND
REGISTRATIONS, PROVIDED THAT FAILURE TO COMPLY WITH THE REQUIREMENTS OF
THIS SECTION SHALL CONSTITUTE PROFESSIONAL MISCONDUCT.
S 5. Subdivision 1 of section 6808-b of the education law, as amended
by chapter 567 of the laws of 2002, is amended to read as follows:
1. Definition. The term "nonresident establishment" shall mean any
pharmacy, manufacturer [or], wholesaler, OR OUTSOURCING FACILITY located
outside of the state that ships, mails or delivers prescription drugs or
devices to other establishments, authorized prescribers and/or patients
residing in this state. Such establishments shall include, but not be
limited to, pharmacies that transact business through the use of the
internet.
S 6. Paragraph f of subdivision 4 of section 6808-b of the education
law, as amended by chapter 567 of the laws of 2002, is amended to read
as follows:
f. The application of establishments to be registered as a manufactur-
er [or], wholesaler OR OUTSOURCING FACILITY of drugs and/or devices
A. 8558--C 175
shall be accompanied by a fee as provided in section sixty-eight hundred
eight of this article; and
S 7. Section 6810 of the education law is amended by adding a new
subdivision 14 to read as follows:
14. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO ANY PERSON
PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS A PHARMACY IN
THIS STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF FEDERAL AND
STATE LAW.
S 8. Section 6811 of the education law is amended by adding a new
subdivision 26 to read as follows:
26. ANY OUTSOURCING FACILITY TO SELL OR OFFER TO SELL ANY DRUG THAT IS
NOT BOTH COMPOUNDED UNDER THE PERSONAL SUPERVISION OF A LICENSED PHARMA-
CIST AND LABELED WITH THE FULL NAME OF THE OUTSOURCING FACILITY.
S 9. Subdivisions 1 and 2 of section 6811-a of the education law, as
added by chapter 729 of the laws of 1981, are amended to read as
follows:
1. [No] EXCEPT AS OTHERWISE AUTHORIZED IN THE FEDERAL FOOD, DRUG AND
COSMETIC ACT, NO drug for which a prescription is required by the
provisions of the Federal Food, Drug and Cosmetic Act or by the commis-
sioner of health may be manufactured or commercially distributed within
this state in tablet or capsule form unless it has clearly marked or
imprinted on each such tablet or capsule in conformance with the appli-
cable plan required by subdivision three of this section:
(a) an individual symbol, number, company name, words, letters, mark-
ing or National Drug Code (hereinafter referred to as N. D. C.) number
identifying the manufacturer or distributor of the drug; and
(b) an N. D. C. number, symbol, number, letters, words or marking
identifying such drug or combination of drugs.
2. [No] EXCEPT AS OTHERWISE AUTHORIZED IN THE FEDERAL FOOD, DRUG AND
COSMETIC ACT, NO drug for which any prescription is required by the
provisions of the Federal Food, Drug and Cosmetic Act or by the commis-
sioner of health contained within a bottle, vial, carton or other
container, or in any way affixed or appended to or enclosed within a
package of any kind, and designed or intended for delivery in such
container or package to an ultimate consumer, shall be manufactured or
distributed within this state unless such container or package has
clearly and permanently marked or imprinted upon it in conformance with
the applicable plan required by subdivision three of this section:
(a) an individual symbol, N. D. C. number, company name, number,
letters, words or marking identifying the manufacturer or distributor of
the drug;
(b) an N. D. C. number, symbol, number, letters, words or marking
identifying such drug or combination of drugs; and
(c) whenever the distributor of the prescription drug product does not
also manufacture the product the names and places of business of both
shall appear on the label in words clearly distinguishing each.
S 10. Subdivision 1 of section 6812 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
1. Where any pharmacy, MANUFACTURER, WHOLESALER OR OUTSOURCING FACILI-
TY registered by the department is damaged by fire the board shall be
notified within a period of forty-eight hours, and the board shall have
power to impound all drugs for analysis and condemnation, if found unfit
for use. Where a pharmacy is discontinued, the owner of its
prescription records shall notify the department as to the disposition
of said prescription records, and in no case shall records be sold or
A. 8558--C 176
given away to a person who does not currently possess a registration to
operate a pharmacy.
S 11. Subdivision 1 of section 6817 of the education law, as added by
chapter 987 of the laws of 1971, is amended to read as follows:
1. [No] EXCEPT AS OTHERWISE PROVIDED IN THE FEDERAL FOOD, DRUG AND
COSMETIC ACT, NO person shall sell, deliver, offer for sale, hold for
sale, or give away any new drug, unless:
a. an application with respect thereto has become effective, or in the
case of an investigational drug the sponsor has complied with the appli-
cable requirements, under the federal food, drug, and cosmetic act, or
b. when not subject to such act, such drug has been tested and has not
been found to be unsafe or ineffective for use under the conditions
prescribed, recommended or suggested in the labeling thereof, and, prior
to selling or offering for sale such drug, there has been filed with the
department an application setting forth
(1) full reports of investigations which have been made to show wheth-
er or not such drug is safe and effective for use;
(2) a full list of the ingredients used as components of such drug;
(3) a full statement of the composition of such drug;
(4) a full description of the methods used in, and the facilities and
controls used for, the manufacture, processing and packing of such
drugs;
(5) such samples of such drug and of the ingredients used as compo-
nents thereof as the board or secretary may require; and
(6) specimens of the labeling proposed to be used for such drug.
S 12. The education law is amended by adding a new section 6831 to
read as follows:
S 6831. SPECIAL PROVISIONS RELATING TO OUTSOURCING FACILITIES. 1.
REGISTRATION. ANY OUTSOURCING FACILITY THAT IS ENGAGED IN THE COMPOUND-
ING OF STERILE DRUGS IN THIS STATE SHALL BE REGISTERED AS AN OUTSOURCING
FACILITY UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT AND BE REGISTERED
AS AN OUTSOURCING FACILITY PURSUANT TO THIS ARTICLE.
2. NEW DRUGS. SECTIONS 502(F)(1), 505 AND 582 OF THE FEDERAL FOOD,
DRUG AND COSMETIC ACT SHALL NOT APPLY TO A DRUG COMPOUNDED IN AN
OUTSOURCING FACILITY REGISTERED UNDER THE FEDERAL FOOD, DRUG AND COSMET-
IC ACT.
3. PRESCRIPTIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, NO OUTSOURCING FACILITY MAY DISTRIBUTE OR DISPENSE ANY DRUG TO
ANY PERSON PURSUANT TO A PRESCRIPTION UNLESS IT IS ALSO REGISTERED AS A
PHARMACY IN THIS STATE AND MEETS ALL OTHER APPLICABLE REQUIREMENTS OF
FEDERAL AND STATE LAW.
4. RESTRICTIONS. ANY DRUGS COMPOUNDED IN AN OUTSOURCING FACILITY
REGISTERED PURSUANT TO THIS ARTICLE SHALL BE COMPOUNDED IN ACCORDANCE
WITH ALL APPLICABLE FEDERAL AND STATE LAWS.
5. LABELING. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, THE LABEL OF ANY DRUG COMPOUNDED BY AN OUTSOURCING FACILITY SHALL
INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
(A) A STATEMENT THAT THE DRUG IS A COMPOUNDED DRUG OR A REASONABLE
COMPARABLE ALTERNATIVE STATEMENT THAT PROMINENTLY IDENTIFIES THE DRUG AS
A COMPOUNDED DRUG;
(B) THE NAME, ADDRESS, AND PHONE NUMBER OF THE APPLICABLE OUTSOURCING
FACILITY; AND
(C) WITH RESPECT TO THE DRUG:
(I) THE LOT OR BATCH NUMBER;
(II) THE ESTABLISHED NAME OF THE DRUG;
(III) THE DOSAGE FORM AND STRENGTH;
A. 8558--C 177
(IV) THE STATEMENT OF QUANTITY OR VOLUME, AS APPROPRIATE;
(V) THE DATE THAT THE DRUG WAS COMPOUNDED;
(VI) THE EXPIRATION DATE;
(VII) STORAGE AND HANDLING INSTRUCTIONS;
(VIII) THE NATIONAL DRUG CODE NUMBER, IF AVAILABLE;
(IX) THE STATEMENT THAT THE DRUG IS NOT FOR RESALE, AND THE STATEMENT
"OFFICE USE ONLY"; AND
(X) A LIST OF THE ACTIVE AND INACTIVE INGREDIENTS, IDENTIFIED BY
ESTABLISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT.
6. CONTAINER. THE CONTAINER FROM WHICH THE INDIVIDUAL UNITS OF THE
DRUG ARE REMOVED FOR DISPENSING OR FOR ADMINISTRATION (SUCH AS A PLASTIC
BAG CONTAINING INDIVIDUAL PRODUCT SYRINGES) SHALL INCLUDE:
(A) A LIST OF ACTIVE AND INACTIVE INGREDIENTS, IDENTIFIED BY ESTAB-
LISHED NAME, AND THE QUANTITY OR PROPORTION OF EACH INGREDIENT; AND
(B) ANY OTHER INFORMATION REQUIRED BY REGULATIONS PROMULGATED BY THE
COMMISSIONER TO FACILITATE ADVERSE EVENT REPORTING IN ACCORDANCE WITH
THE REQUIREMENTS ESTABLISHED IN SECTION 310.305 OF TITLE 21 OF THE CODE
OF FEDERAL REGULATIONS.
7. BULK DRUGS. A DRUG MAY ONLY BE COMPOUNDED IN AN OUTSOURCING FACILI-
TY THAT DOES NOT COMPOUND USING BULK DRUG SUBSTANCES AS DEFINED IN
SECTION 207.3(A)(4) OF TITLE 21 OF THE CODE OF FEDERAL REGULATIONS OR
ANY SUCCESSOR REGULATION UNLESS:
(A) THE BULK DRUG SUBSTANCE APPEARS ON A LIST ESTABLISHED BY THE
SECRETARY OF HEALTH AND HUMAN SERVICES IDENTIFYING BULK DRUG SUBSTANCES
FOR WHICH THERE IS A CLINICAL NEED;
(B) THE DRUG IS COMPOUNDED FROM A BULK DRUG SUBSTANCE THAT APPEARS ON
THE FEDERAL DRUG SHORTAGE LIST IN EFFECT AT THE TIME OF COMPOUNDING,
DISTRIBUTING, AND DISPENSING;
(C) IF AN APPLICABLE MONOGRAPH EXISTS UNDER THE UNITED STATES PHARMA-
COPEIA, THE NATIONAL FORMULARY, OR ANOTHER COMPENDIUM OR PHARMACOPEIA
RECOGNIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES AND THE BULK
DRUG SUBSTANCES EACH COMPLY WITH THE MONOGRAPH;
(D) THE BULK DRUG SUBSTANCES ARE EACH MANUFACTURED BY AN ESTABLISHMENT
THAT IS REGISTERED WITH THE FEDERAL GOVERNMENT.
8. INGREDIENTS. IF AN OUTSOURCING FACILITY USES INGREDIENTS, OTHER
THAN BULK DRUG SUBSTANCES, SUCH INGREDIENTS MUST COMPLY WITH THE STAND-
ARDS OF THE APPLICABLE UNITED STATES PHARMACOPEIA OR NATIONAL FORMULARY
MONOGRAPH, IF SUCH MONOGRAPH EXISTS, OR OF ANOTHER COMPENDIUM OR PHARMA-
COPEIA RECOGNIZED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES FOR
PURPOSES OF THIS SUBDIVISION, IF ANY.
9. UNSAFE OR INEFFECTIVE DRUGS. NO OUTSOURCING FACILITY MAY COMPOUND A
DRUG THAT APPEARS ON A LIST PUBLISHED BY THE SECRETARY OF HEALTH AND
HUMAN SERVICES THAT HAS BEEN WITHDRAWN OR REMOVED FROM THE MARKET
BECAUSE SUCH DRUGS OR COMPONENTS OF SUCH DRUGS HAVE BEEN FOUND TO BE
UNSAFE OR NOT EFFECTIVE.
10. PROHIBITION ON WHOLESALING. NO COMPOUNDED DRUG WILL BE SOLD OR
TRANSFERRED BY ANY ENTITY OTHER THAN THE OUTSOURCING FACILITY THAT
COMPOUNDED SUCH DRUG. THIS DOES NOT PROHIBIT THE ADMINISTRATION OF A
DRUG IN A HEALTH CARE SETTING OR DISPENSING A DRUG PURSUANT TO A PROPER-
LY EXECUTED PRESCRIPTION.
11. PROHIBITION AGAINST COPYING AN APPROVED DRUG. NO OUTSOURCING
FACILITY MAY COMPOUND A DRUG THAT IS ESSENTIALLY A COPY OF ONE OR MORE
APPROVED DRUGS.
12. PROHIBITION AGAINST COMPOUNDING DRUGS PRESENTING DEMONSTRABLE
DIFFICULTIES. NO OUTSOURCING FACILITY MAY COMPOUND A DRUG:
A. 8558--C 178
I. THAT IS IDENTIFIED, DIRECTLY OR AS PART OF A CATEGORY OF DRUGS, ON
A LIST PUBLISHED BY THE SECRETARY OF HEALTH AND HUMAN SERVICES THAT
PRESENT DEMONSTRABLE DIFFICULTIES FOR COMPOUNDING THAT ARE REASONABLY
LIKELY TO LEAD TO AN ADVERSE EFFECT ON THE SAFETY OR EFFECTIVENESS OF
THE DRUG OR CATEGORY OF DRUGS, TAKING INTO ACCOUNT THE RISKS AND BENE-
FITS TO PATIENTS; OR
II. THAT IS COMPOUNDED IN ACCORDANCE WITH ALL APPLICABLE CONDITIONS
IDENTIFIED ON THE DRUG LIST AS CONDITIONS THAT ARE NECESSARY TO PREVENT
THE DRUG OR CATEGORY OF DRUGS FROM PRESENTING DEMONSTRABLE DIFFICULTIES.
13. ADVERSE EVENT REPORTS. OUTSOURCING FACILITIES SHALL SUBMIT A COPY
OF ALL ADVERSE EVENT REPORTS SUBMITTED TO THE SECRETARY OF HEALTH AND
HUMAN SERVICES IN ACCORDANCE WITH THE CONTENT AND FORMAT REQUIREMENTS
ESTABLISHED IN SECTION 310.305 OF TITLE 21 OF THE CODE OF FEDERAL REGU-
LATIONS, OR ANY SUCCESSOR REGULATION, TO THE EXECUTIVE SECRETARY FOR THE
STATE BOARD OF PHARMACY.
S 13. Section 3302 of the public health law is amended by adding two
new subdivisions 42 and 43 to read as follows:
42. "COMPOUNDING" MEANS THE COMBINING, ADMIXING, MIXING, DILUTING,
POOLING, RECONSTITUTING, OR OTHERWISE ALTERING OF A DRUG OR BULK DRUG
SUBSTANCE TO CREATE A DRUG.
43. "OUTSOURCING FACILITY" MEANS A FACILITY THAT:
(A) IS ENGAGED IN THE COMPOUNDING OF STERILE DRUGS AS DEFINED IN
SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW;
(B) IS CURRENTLY REGISTERED AS AN OUTSOURCING FACILITY PURSUANT TO
ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW; AND
(C) COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF FEDERAL AND STATE
LAW, INCLUDING THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN AN
OUTSOURCING FACILITY DISTRIBUTES OR DISPENSES ANY DRUG TO ANY PERSON
PURSUANT TO A PRESCRIPTION, SUCH OUTSOURCING FACILITY SHALL BE DEEMED TO
BE PROVIDING PHARMACY SERVICES AND SHALL BE SUBJECT TO ALL LAWS, RULES
AND REGULATIONS GOVERNING PHARMACIES AND PHARMACY SERVICES.
S 14. The opening paragraph of subdivision 2 of section 3318 of the
public health law, as added by chapter 878 of the laws of 1972, is
amended to read as follows:
No controlled substance contained within a bottle, vial, carton or
other container, or in any way affixed or appended to or enclosed within
a package of any kind, and designed or intended for delivery in such
container or package to an ultimate consumer, shall be manufactured,
DELIVERED or distributed within this state unless such container or
package has clearly and permanently marked or imprinted upon it:
S 15. Subdivision 1 of section 3320 of the public health law, as added
by chapter 878 of the laws of 1972, is amended to read as follows:
1. Controlled substances may be lawfully distributed within this state
only to licensed distributors or manufacturers, practitioners, pharma-
cists, pharmacies, institutional dispensers, REGISTERED OUTSOURCING
FACILITIES, and laboratory, research or instructional facilities author-
ized by law to possess the particular substance distributed.
S 16. Paragraph (a) of subdivision 1 of section 3321 of the public
health law, as added by chapter 878 of the laws of 1972, is amended to
read as follows:
(a) the return of controlled substances to a manufacturer, REGISTERED
OUTSOURCING FACILITY or distributor by a practitioner or pharmacy;
S 17. Section 3322 of the public health law, as added by chapter 878
of the laws of 1972, subdivision 2 as amended by chapter 108 of the laws
of 1975, is amended to read as follows:
A. 8558--C 179
S 3322. Reports and records. 1. Persons licensed under this title OR
OPERATING A REGISTERED OUTSOURCING FACILITY shall maintain records of
all controlled substances manufactured, COMPOUNDED, received, disposed
of, DELIVERED or distributed by them. The record shall show the date of
receipt or delivery, the name and address, and registration number of
the person from whom received or to whom DELIVERED OR distributed, the
kind and quantity of substance received and DELIVERED OR distributed,
the kind and quantity of substance produced or removed from the process
of manufacture and the date thereof.
2. Any person licensed under this title OR OPERATING A REGISTERED
OUTSOURCING FACILITY shall prepare and maintain a biennial report
setting forth the current inventory of controlled substances, the quan-
tities of controlled substances manufactured, COMPOUNDED, DELIVERED or
distributed within the state during the period covered by the report and
such other information as the commissioner shall [be] BY regulation
prescribe. Maintaining for inspection a biennial inventory of controlled
substances prepared and maintained in compliance with federal statutes
and regulations shall be deemed in compliance with this section.
3. Any person licensed under this title OR OPERATING A REGISTERED
OUTSOURCING FACILITY shall forthwith notify the department of any inci-
dent involving the theft, loss or possible diversion of controlled
substances manufactured, COMPOUNDED, DELIVERED or distributed by the
licensee OR OPERATOR.
4. The records and reports required by this section shall be prepared,
preserved, or filed in such manner and detail as the commissioner shall
by regulation prescribe.
S 18. Paragraph (c) of subdivision 1 of section 3397 of the public
health law, as amended by chapter 547 of the laws of 1981, is amended to
read as follows:
(c) falsely assume the title of, or represent himself to be a licensed
manufacturer, distributor, pharmacy, pharmacist, practitioner, research-
er, approved institutional dispenser, OWNER OR EMPLOYEE OF A REGISTERED
OUTSOURCING FACILITY or other authorized person, for the purpose of
obtaining a controlled substance;
S 19. This act shall take effect on the ninetieth day after it shall
have become a law.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through M of this act shall be
as specifically set forth in the last section of such Parts.