[ ] is old law to be omitted.
LBD12671-05-4
S. 6358--C 2
regarding working conditions and limits on working hours for certain
members of the hospital's staff; and providing for the repeal of
certain provisions upon expiration thereof; to amend the public health
law and the social services law, in relation to requiring the review
of the criminal history of prospective employees of adult care facili-
ties; to amend the public health law, in relation to the financial
responsibility for and reimbursement of payment for early intervention
services by the state; and to repeal certain provisions of law relat-
ing thereto; to amend the education law and the public health law, in
relation to the practice of pharmacy, the compounding of drugs and the
establishment of requirements for the registration of outsourcing
facilities in the state; to amend the elder law, in relation to eligi-
bility levels in the elderly pharmaceutical insurance coverage
program; to amend the mental hygiene law, in relation to compliance
with operational standards by certain providers of services; to limit
the reduction of the mental health census of adult homes and to estab-
lish a workgroup to study and report upon the transition of persons
with serious mental illness into the most integrated setting appropri-
ate to their needs (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 effectiveness 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 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, in relation to the deposit of
certain funds; to amend the public health law, in relation to health
care initiative pool distributions; 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 development of pilot reimbursement programs for ambu-
latory care services, in relation to the effectiveness of such chap-
ter; 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 effectiveness 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 indi-
gent pool and general hospital 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 amend-
ing chapter 20 of the laws 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 ther-
eof (Part B); to amend the social services law, in relation to
prescription drug coverage in managed care programs; to amend the
public health law, in relation to the preferred drug program; to amend
the public health law, in relation to eliminating the financial incen-
S. 6358--C 3
tive for e-prescribing; to amend the public health law, in relation to
expanding prior authorization under the clinic drug review program; to
amend the public health law, in relation to the expansion of prior
authorization under the clinical drug review program; to amend the
social services law, in relation to requiring prior authorization 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 behav-
ioral health essential providers and the effectiveness thereof; 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 part A of chapter 56 of the laws of
2013 amending the public health law and other laws relating to the
transition of behavioral health services, in relation to certain
reporting requirements; to amend the social services law, in relation
to participating providers; 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 the social services law, in relation to
Community First Choice Option; to amend the education law, in relation
to practices and certification of home health aides; to amend the
public health law, in relation to development disabilities individual
care and support organization; to amend the public health law, in
relation to rate setting methodologies for the ICD-10; 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 reports detailing certain
spending; to amend the public health law, in relation to establishing
vital access pools for licensed home care service agencies; to amend
the state finance law, in relation to the global cap reserve fund; to
amend the social services law, in relation to the expansion of the
Medicaid managed care advisory review panel; to amend part H of chap-
ter 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 the transition of children in foster care
to managed care; to amend part C of chapter 58 of the laws of 2009,
amending the public health law relating to the adirondack medical home
multipayor demonstration program, in relation to extending the adiron-
dack medical home demo through the year 2017; to amend chapter 779 of
the laws of 1986, amending the social services law relating to author-
izing services for non-residents in adult homes, residences for adults
and enriched housing programs, in relation to extending the authori-
zation of non-resident services within adult homes; to amend 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, 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
S. 6358--C 4
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 the social
services law, in relation to assisted living program bed; to amend the
public health law in relation to potentially preventable negative
outcomes; to amend part A of chapter 56 of the laws of 2013, relating
to establishing the home and community-based care work group, in
relation to extending the dates of periodic reports; to amend the
public health law, in relation to hospital funding, and a medicaid
drug rebate remittance demonstration program; to amend the transporta-
tion law, in relation to the interagency coordinating committee on
rural public transportation; to amend the public health law, in
relation to a rural dentistry pilot program and a hospital-home care-
physician collaboration program; providing for the repeal of certain
provisions relating to the availability of funds upon expiration ther-
eof; and to repeal subdivision (a) of section 90 of part H of chapter
57 of the laws of 2011 and certain provisions of the social services
law and the public health law relating thereto; to amend the state
finance law, in relation to establishing the state health innovation
plan account; and providing for the repeal of certain provisions upon
the expiration thereof (Part C); to amend the education law, in
relation to the exemption of the nurse practice act for direct care
staff in non-certified settings funded, authorized or approved by the
office for people with developmental disabilities (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 effectiveness 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); inten-
tionally omitted (Part G); intentionally omitted (Part H); to amend
the mental hygiene law, in relation to the creation of the managed
care for persons with developmental disabilities advocacy program
(Part I); to amend the mental hygiene law, in relation to establishing
the direct support professional credential pilot program; and provid-
ing for the repeal of such provisions upon expiration thereof (Part
J); to amend the mental hygiene law, in relation to directing the
office of mental health to commission an independent study on the
impact of the expanded investments in community mental health services
(Part K); to amend the mental hygiene law, in relation to establishing
the integrated employment, economic development and safety net system
for individuals with intellectual and developmental disabilities (Part
L); to amend the mental hygiene law, in relation to transitional care
(Part M); to amend the mental hygiene law, in relation to community
mental health reinvestment services; to amend the state finance law,
in relation to the community mental health reinvestment account; and
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 workforce reinvestment program, the membership of subcom-
mittees for mental health of community services boards and the duties
of such subcommittees and creating the community mental health and
workforce reinvestment account, in relation to making such provisions
permanent (Part N); and to amend the mental hygiene law, in relation
to the transfer of persons with developmental disabilities (Part O)
S. 6358--C 5
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 O. 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. Intentionally omitted.
S 2. Intentionally omitted.
S 3. Intentionally omitted.
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 non-voting ex-officio members 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;
(b) the governor shall appoint six regional members, three 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 of such appointments shall be made upon the recommendation of the
temporary president of the senate and two shall be made upon the recom-
mendation 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,
S. 6358--C 6
(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;
(c) the governor shall appoint three non-voting ex officio members to
the board, one of whom shall be the commissioner, or his or her desig-
nee, one of whom shall be the commissioner of environmental conserva-
tion, or his or her designee, and one of whom shall be the director of
the Cornell University Institute for Comparative and Environmental Toxi-
cology, 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.
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.
S. 6358--C 7
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
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. Such
data shall only be provided to researchers engaged in human health
related research. The request made by such researchers shall include a
copy of the research proposal or the research protocol approved by their
institution 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
S. 6358--C 8
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] AND SUCH RECOMMENDATIONS SHALL BE DETERMINED BY AN AFFIRMATIVE VOTE
OF A MAJORITY OF VOTING MEMBERS. THE commissioner shall, in his or her
discretion, grant approval of applications for grants from those appli-
cations 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 conduct-
ing 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 review-
ing and making a recommendation on the application;
(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 a year thereafter. Provided, however,
that at least one such meeting a year shall be a public hearing, 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, 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 efficiency and
S. 6358--C 9
utility of pesticide reporting established pursuant to sections 33-1205
and 33-1207 of the environmental conservation law[;].
S 5-a. Section 2413 of the public health law, as amended by chapter
219 of the laws of 1997, is amended to read as follows:
S 2413. Biennial report. The commissioner shall submit a report on or
before January first commencing in nineteen hundred ninety-nine, and
biennially thereafter, to the governor, the temporary president of the
senate and the speaker of the assembly concerning the operation of the
health research science board. Such report shall include recommendations
from the health research science board including, but not limited to,
the types of data that would be useful for breast[, prostate or testicu-
lar] cancer researchers and whether private citizen use of residential
pesticides should be added to the reporting requirements. The report
shall also include a summary of research requests granted or denied. In
addition, such report shall include an evaluation by the commissioner,
the commissioner of the department of environmental conservation and the
health research science board of the basis, efficiency and scientific
utility of the information derived from pesticide reporting pursuant to
sections 33-1205 and 33-1207 of the environmental conservation law and
recommend whether such system should be modified or continued. The
report shall include a summary of the comments and recommendations
presented by the public at the board's public hearings.
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]:
(A) SOLICIT, RECEIVE AND REVIEW APPLICATIONS FROM PUBLIC AND PRIVATE
AGENCIES AND ORGANIZATIONS AND QUALIFIED RESEARCH INSTITUTIONS WITHIN
THE STATE FOR GRANTS FROM THE NEW YORK STATE PROSTATE AND TESTICULAR
CANCER RESEARCH AND EDUCATION FUND, CREATED PURSUANT TO SECTION NINETY-
FIVE-E OF THE STATE FINANCE LAW AND MAKE RECOMMENDATIONS TO THE DEPART-
MENT; AND
(B) 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. SUCH RECOMMENDATIONS SHALL BE
DETERMINED BY AN AFFIRMATIVE VOTE OF A MAJORITY OF VOTING MEMBERS.
3. The commissioner shall appoint twenty-one voting members, which
shall include representation of health care professionals, consumers,
patients, ONE VOTING MEMBER WHO 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 chairperson. 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.
S. 6358--C 10
4. A majority of the appointed voting membership of the board shall
constitute quorum.
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, 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. New York [state] STATE prostate AND TESTICULAR 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] STATE
prostate AND TESTICULAR cancer research[, detection] and education
fund".
2. Such fund shall consist of all revenues received pursuant to the
provisions of SECTION FOUR HUNDRED FOUR-Q OF THE VEHICLE AND TRAFFIC
LAW, AND sections two hundred nine-E and six hundred thirty of the tax
law, all revenues received pursuant to appropriations by the legisla-
ture, 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
SECTION FOUR HUNDRED FOUR-Q OF THE VEHICLE AND TRAFFIC LAW, AND sections
two hundred [nine-e] 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 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], FOLLOWING
RECOMMENDATIONS BY THE CANCER DETECTION AND EDUCATION PROGRAM ADVISORY
COUNCIL, SHALL BE MADE AVAILABLE TO THE COMMISSIONER OF HEALTH TO
PROVIDE GRANTS for the purpose of advancing and financing prostate
cancer research, detection AND SUPPORT PROGRAMS and education projects.
[To the extent practicable, the New York State Coalition to Cure
Prostate Cancer shall cooperate and coordinate 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].
4. (A) On or before the first day of February each year, the comp-
troller shall certify 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, CHAIR OF THE
SENATE STANDING COMMITTEE ON HEALTH, AND CHAIR OF THE ASSEMBLY HEALTH
COMMITTEE, the amount of money deposited by source in the New York
[state] STATE prostate AND TESTICULAR cancer research[, detection] and
education 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, SECTION FOUR HUNDRED FOUR-Q OF THE VEHICLE AND
TRAFFIC LAW, and from GRANTS, BEQUESTS AND all other sources.
(B) THE COMMISSIONER SHALL PROVIDE AN ANNUAL WRITTEN REPORT TO THE
TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMIT-
S. 6358--C 11
TEE, CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH, AND CHAIR OF THE
ASSEMBLY HEALTH COMMITTEE NO LATER THAN FEBRUARY FIRST OF EACH YEAR.
SUCH REPORT SHALL INCLUDE THE RECOMMENDATIONS OF THE CANCER DETECTION
AND EDUCATION PROGRAM ADVISORY COUNCIL AND SPECIFY THE MANNER IN WHICH
THE NEW YORK STATE PROSTATE AND TESTICULAR CANCER RESEARCH AND EDUCATION
FUND MONIES HAVE BEEN UTILIZED; AND SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
(II) A JUSTIFICATION FOR FUNDS RECEIVED AND NOT DISBURSED DURING THE
PRECEDING CALENDAR YEAR, IF APPLICABLE, AND A REMEDIAL PLAN TO ENSURE
THE TIMELY AND EFFECTIVE USE OF THE REMAINING FUNDS;
(III) RECIPIENTS OF AWARDS FROM THE FUND;
(IV) THE AMOUNT AWARDED TO EACH; AND
(V) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
5. [As a condition of receiving grants from the fund, the New York
State Coalition To Cure Prostate Cancer shall agree to issue and 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 be delivered
to the governor and the chairs of the senate finance committee and the
assembly ways and means committee and shall also be made available to
the public. Such financial statements and reports shall be audited by a
nationally recognized accounting firm.
6.] 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.
6. NOTWITHSTANDING ANY LAWS, RULES OR REGULATIONS TO THE CONTRARY,
MONIES OF THE FUND SHALL NOT BE TRANSFERRED INTO THE GENERAL FUND FOR
ANY PURPOSES; AND, 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 THE FISCAL YEAR.
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-
TURE PURSUANT TO THIS SECTION SHALL BE DISTRIBUTED PURSUANT TO THE
DETERMINATIONS OF THE CAPITAL RESTRUCTURING FINANCING BOARD, WITHOUT A
COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS, FOR CAPITAL GRANTS TO
GENERAL HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND
TREATMENT CENTERS, ASSISTED LIVING PROGRAMS AS DEFINED BY SECTION FOUR
HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW, AND CLINICS LICENSED
PURSUANT TO THIS CHAPTER OR THE MENTAL HYGIENE LAW (COLLECTIVELY, "GRAN-
TEES"), 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, DEVELOP-
MENT OF IN-PATIENT LONG TERM SUBSTANCE ABUSE DISORDER SERVICES AND
PROMOTION OF INTEGRATED DELIVERY SYSTEMS THAT STRENGTHEN AND PROTECT
CONTINUED ACCESS TO ESSENTIAL HEALTH CARE SERVICES.
S. 6358--C 12
3. (A) THERE SHALL BE ESTABLISHED JOINTLY WITHIN THE DEPARTMENT AND
THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK THE CAPITAL RESTRUCTUR-
ING FINANCING BOARD, HEREINAFTER REFERRED TO AS "THE BOARD," WHICH SHALL
CONSIST OF FIFTEEN MEMBERS, INCLUDING THE COMMISSIONER AND THE PRESIDENT
OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK. THE COMMISSIONER
AND THE PRESIDENT OF THE AUTHORITY SHALL SERVE AS CO-CHAIRS OF THE
BOARD. THE TEMPORARY PRESIDENT OF THE SENATE SHALL APPOINT THREE
MEMBERS, AND THE SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS.
THE REMAINING SEVEN MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE
GOVERNOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. MEMBERS
APPOINTED TO THE BOARD SHALL HAVE EXPERTISE IN ONE OR MORE OF THE
FOLLOWING AREAS: HEALTH CARE POLICY AND RESEARCH; HEALTH CARE FACILITY
OPERATIONS; CLINIC OPERATIONS; HEALTH CARE FINANCING AND REIMBURSEMENT;
THE PUBLIC HEALTH SYSTEM; THE CLINICAL AND ADMINISTRATIVE ASPECTS OF
HEALTH CARE DELIVERY; HEALTH CARE CONSUMER ACTIVITIES; IN-PATIENT LONG-
TERM SUBSTANCE ABUSE DISORDER SERVICES; AND HEALTH PLANNING.
(B) MEMBERS OF THE BOARD, OTHER THAN THE CO-CHAIRS, SHALL SERVE AT THE
PLEASURE OF THEIR APPOINTING AUTHORITY.
(C) THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND NECESSARILY
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
(D) A MAJORITY OF THE VOTING MEMBERSHIP OF THE BOARD SHALL CONSTITUTE
A QUORUM, AS REQUIRED TO VOTE ON THE AWARD OF CAPITAL GRANTS.
(E) THE BOARD SHALL MEET AS NEEDED, BUT NO LESS THAN ONCE EACH QUAR-
TER, AND MAKE DETERMINATIONS REGARDING THE AWARDING, DISTRIBUTING AND
ADMINISTERING OF FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. THE
BOARD SHALL MAKE SUCH DETERMINATIONS BY AN AFFIRMATIVE VOTE OF A MAJORI-
TY OF VOTING MEMBERS. SUCH DETERMINATIONS SHALL BE MADE BASED ON CRITE-
RIA INCLUDING, BUT NOT LIMITED TO:
(I) ELIGIBILITY REQUIREMENTS FOR APPLICANTS;
(II) TO THE EXTENT PRACTICABLE, EQUITABLE STATEWIDE DISTRIBUTION OF
FUNDS BETWEEN VARIOUS REGIONS OF THE STATE;
(III) MINIMUM AND MAXIMUM AMOUNTS OF FUNDING TO BE AWARDED UNDER THE
PROGRAM;
(IV) THE RELATIONSHIP BETWEEN THE PROJECTS PROPOSED BY AN APPLICANT
AND IDENTIFIED COMMUNITY NEED;
(V) THE EXTENT TO WHICH THE PROPOSED PROJECT MEETS PUBLIC NEED;
(VI) THE EXTENT TO WHICH THE APPLICANT HAS ACCESS TO ALTERNATIVE
FINANCING; AND
(VII) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE PURPOSES
SET FORTH IN THIS SECTION.
(F) THE BOARD SHALL BE SUPPORTED BY APPROPRIATE STAFF OF BOTH THE
DEPARTMENT AND THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK.
(G) THE MEMBERS OF THE BOARD SHALL BE DEEMED A STATE OFFICER OR
EMPLOYEE FOR PURPOSES OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS
LAW AND SUCH BOARD SHALL BE A STATE AGENCY FOR PURPOSES OF SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
(H) THE MEMBERS OF THE BOARD SHALL RECEIVE AN AGENDA SETTING FORTH THE
APPLICATIONS AND RESOLUTIONS TO BE CONSIDERED NO LATER THAN ONE WEEK
PRIOR TO ANY SCHEDULED MEETING. ADDITIONAL ITEMS MAY ONLY BE ADDED IF
TWO-THIRDS OF THE MEMBERS OF SUCH BOARD CONSENT, AND IN NO EVENT SHALL
ITEMS BE ADDED WITHIN TWENTY-FOUR HOURS OF SUCH MEETING.
(I) ALL MEETINGS OF SUCH BOARD SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW, PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICER'S LAW.
4. IN EVALUATING SUCH APPLICATIONS AND MAKING AWARD DETERMINATIONS THE
BOARD SHALL SEEK, TO THE EXTENT PRACTICABLE, TO COMPLEMENT AND COORDI-
S. 6358--C 13
NATE FUNDING AVAILABLE UNDER THIS SUBDIVISION WITH FUNDING FROM NEW
YORK'S MEDICAID REDESIGN TEAM WAIVER DELIVERY SYSTEM REFORM INCENTIVE
PAYMENT PROGRAM, FUNDING AVAILABLE TO ELIGIBLE VITAL ACCESS PROVIDERS
PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWENTY-SIX OF THIS TITLE, AS
ADDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN, HEALTH FACILITY
RESTRUCTURING PROGRAM FUNDING PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
FIFTEEN OF THIS TITLE AND OTHER TRANSFORMATIONAL PROGRAMS AS DETERMINED
BY THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY.
5. NO AWARD SHALL BE MADE WITHOUT TEN BUSINESS DAYS PRIOR NOTIFICATION
TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE. AWARDS AND TERMS OF THE AGREEMENTS SHALL
BE POSTED ON BOTH THE DEPARTMENT'S AND THE AUTHORITY'S OFFICIAL
WEBSITES.
6. THE COMMISSIONER AND THE PRESIDENT OF THE AUTHORITY SHALL PROVIDE
AN ANNUAL WRITTEN REPORT TO THE CHAIR OF THE SENATE FINANCE COMMITTEE,
THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE
SENATE STANDING COMMITTEE ON HEALTH, AND THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE NO LATER THAN JULY FIRST OF EACH YEAR. SUCH REPORT
SHALL INCLUDE, BUT NOT BE LIMITED TO, A LIST AND DESCRIPTION OF EACH
APPLICATION RECEIVED, A LIST AND DESCRIPTION OF EACH PROJECT AWARDED IN
EACH REGION, A DETAILED STATUS OF EACH CAPITAL WORKS PROJECT OR PURPOSE
FOR WHICH FUNDING WAS AWARDED PURSUANT TO THIS SECTION, AND ANY OTHER
INFORMATION DEEMED NECESSARY AND APPROPRIATE.
S 9. The issuance of any bonds or notes pursuant to this act shall
further be subject to the approval of the director of the division of
the budget, and any awards for projects funded in whole or in part
through the issuance of bonds or notes pursuant to this act shall be
approved by the New York state public authorities control board, as
required under section fifty-one of the public authorities law.
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 RESIDEN-
TIAL HEALTH CARE FACILITY, a not-for-profit general hospital, A
NOT-FOR-PROFIT DIAGNOSTIC CENTER, A NOT-FOR-PROFIT TREATMENT CENTER, 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
S. 6358--C 14
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.
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] NOT MAKE A LOAN FROM
THE RESTRUCTURING POOL UNLESS IT HAS NOTIFIED the chair of the senate
finance committee, the director of the division of budget, the chair of
the assembly ways and means committee, THE CHAIR OF THE SENATE STANDING
COMMITTEE ON HEALTH, AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE AT
LEAST five days prior to the making of [a] SUCH loan [from the restruc-
turing pool]. The authority shall also report quarterly to such chair-
persons on the transactions in the pool, including but not limited to
RECEIPTS OR deposits to the pool, DISBURSEMENTS OR 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. Section 2801-a of the public health law is amended by adding a
new subdivision 17 to read as follows:
17. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH A PILOT PROGRAM TO
ASSIST IN RESTRUCTURING HEALTH CARE DELIVERY SYSTEMS BY ALLOWING FOR
INCREASED CAPITAL INVESTMENT IN HEALTH CARE FACILITIES. PURSUANT TO THE
PILOT PROGRAM, THE PUBLIC HEALTH AND HEALTH PLANNING COUNCIL SHALL
APPROVE THE ESTABLISHMENT, IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVI-
SION THREE OF THIS SECTION, OF NO MORE THAN TEN BUSINESS CORPORATIONS
FORMED UNDER THE BUSINESS CORPORATION LAW. SUCH BUSINESS CORPORATIONS
SHALL AFFILIATE, THE EXTENT OF THE AFFILIATION TO BE DETERMINED BY THE
COMMISSIONER, WITH AT LEAST ONE ACADEMIC MEDICAL INSTITUTION OR TEACHING
HOSPITAL APPROVED BY THE COMMISSIONER. A BUSINESS CORPORATION SHALL NOT
BE ELIGIBLE TO PARTICIPATE IN THIS PROGRAM IF THE NUMBER OF ITS STOCK
S. 6358--C 15
HOLDERS EXCEEDS THIRTY-FIVE, OR IF ANY OF ITS STOCK, OR THAT OF ANY OF
ITS DIRECT OR INDIRECT OWNERS, IS OR WILL BE TRADED ON A PUBLIC STOCK
EXCHANGE OR ON AN OVER-THE-COUNTER MARKET.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, BUSINESS
CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL BE DEEMED
ELIGIBLE TO PARTICIPATE IN DEBT FINANCING PROVIDED BY THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK, LOCAL DEVELOPMENT CORPORATIONS AND
ECONOMIC DEVELOPMENT CORPORATIONS.
(C) THE FOLLOWING PROVISIONS OF THIS CHAPTER SHALL NOT APPLY TO BUSI-
NESS CORPORATIONS ESTABLISHED PURSUANT TO THIS SUBDIVISION: (I) PARA-
GRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, RELATING TO STOCKHOLD-
ERS, OTHER THAN PRINCIPAL STOCKHOLDERS; (II) PARAGRAPH (C) OF
SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF STOCK
OR VOTING RIGHTS; (III) PARAGRAPHS (D) AND (E) OF SUBDIVISION FOUR OF
THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK; AND (IV) PARAGRAPH (A)
OF SUBDIVISION THREE OF SECTION FOUR THOUSAND FOUR OF THIS CHAPTER,
RELATING TO THE OWNERSHIP OF STOCK. NOTWITHSTANDING THE FOREGOING, THE
PUBLIC HEALTH AND HEALTH PLANNING COUNCIL MAY REQUIRE THE DISCLOSURE OF
THE IDENTITY OF STOCKHOLDERS.
(D) THE CORPORATE POWERS AND PURPOSES OF A BUSINESS CORPORATION ESTAB-
LISHED AS AN OPERATOR PURSUANT TO THIS SUBDIVISION SHALL BE LIMITED TO
THE OWNERSHIP AND OPERATION, OR OPERATION, OF A HOSPITAL OR HOSPITALS
SPECIFICALLY NAMED AND THE LOCATION OR LOCATIONS OF WHICH ARE SPECIF-
ICALLY DESIGNATED BY STREET ADDRESS, CITY, TOWN, VILLAGE OR LOCALITY AND
COUNTY; PROVIDED, HOWEVER, THAT THE CORPORATE POWERS AND PURPOSES MAY
ALSO INCLUDE THE OWNERSHIP AND OPERATION, OR OPERATION, OF A CERTIFIED
HOME HEALTH AGENCY OR LICENSED HOME CARE SERVICES AGENCY OR AGENCIES AS
DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER OR A HOSPICE OR HOSPICES
AS DEFINED IN ARTICLE FORTY OF THIS CHAPTER, IF THE CORPORATION HAS
RECEIVED ALL APPROVALS REQUIRED UNDER SUCH LAW TO OWN AND OPERATE, OR
OPERATE, SUCH HOME CARE SERVICES AGENCY OR AGENCIES OR HOSPICE OR
HOSPICES. SUCH CORPORATE POWERS AND PURPOSES SHALL NOT BE MODIFIED,
AMENDED OR DELETED WITHOUT THE PRIOR APPROVAL OF THE COMMISSIONER.
(E) (1) IN DISCHARGING THE DUTIES OF THEIR RESPECTIVE POSITIONS, THE
BOARD OF DIRECTORS, COMMITTEES OF THE BOARD AND INDIVIDUAL DIRECTORS AND
OFFICERS OF A BUSINESS CORPORATION ESTABLISHED PURSUANT TO THIS SUBDIVI-
SION SHALL CONSIDER THE EFFECTS OF ANY ACTION UPON:
(A) THE ABILITY OF THE BUSINESS CORPORATION TO ACCOMPLISH ITS PURPOSE;
(B) THE SHAREHOLDERS OF THE BUSINESS CORPORATION;
(C) THE EMPLOYEES AND WORKFORCE OF THE BUSINESS;
(D) THE INTERESTS OF PATIENTS OF THE HOSPITAL OR HOSPITALS;
(E) COMMUNITY AND SOCIETAL CONSIDERATIONS, INCLUDING THOSE OF ANY
COMMUNITY IN WHICH FACILITIES OF THE CORPORATION ARE LOCATED;
(F) THE LOCAL AND GLOBAL ENVIRONMENT; AND
(G) THE SHORT-TERM AND LONG-TERM INTERESTS OF THE CORPORATION, INCLUD-
ING BENEFITS THAT MAY ACCRUE TO THE CORPORATION FROM ITS LONG-TERM
PLANS.
(2) THE CONSIDERATION OF INTERESTS AND FACTORS IN THE MANNER REQUIRED
BY PARAGRAPH ONE OF THIS PARAGRAPH:
(A) SHALL NOT CONSTITUTE A VIOLATION OF THE PROVISIONS OF SECTION
SEVEN HUNDRED FIFTEEN OR SEVEN HUNDRED SEVENTEEN OF THE BUSINESS CORPO-
RATION LAW; AND
(B) IS IN ADDITION TO THE ABILITY OF DIRECTORS TO CONSIDER INTERESTS
AND FACTORS AS PROVIDED IN SECTION SEVEN HUNDRED SEVENTEEN OF THE BUSI-
NESS CORPORATION LAW.
S. 6358--C 16
(F) A SALE, LEASE, CONVEYANCE, EXCHANGE, TRANSFER, OR OTHER DISPOSI-
TION OF ALL OR SUBSTANTIALLY ALL OF THE ASSETS OF THE CORPORATION SHALL
NOT BE EFFECTIVE UNLESS THE TRANSACTION IS APPROVED BY THE COMMISSIONER.
(G) NO LATER THAN TWO YEARS AFTER THE ESTABLISHMENT OF A BUSINESS
CORPORATION UNDER THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE
GOVERNOR, THE MAJORITY LEADER OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY WITH A WRITTEN EVALUATION OF THE PILOT PROGRAM. SUCH EVALUATION
SHALL ADDRESS THE OVERALL EFFECTIVENESS OF THE PROGRAM IN ALLOWING FOR
ACCESS TO CAPITAL INVESTMENT IN HEALTH CARE FACILITIES AND THE IMPACT
SUCH ACCESS MAY HAVE ON THE QUALITY OF CARE PROVIDED BY HOSPITALS OPER-
ATED BY BUSINESS CORPORATIONS ESTABLISHED UNDER THIS SUBDIVISION.
S 13. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding a new undesignated paragraph to
read as follows:
SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION
SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW
FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND
IMPROVEMENT, OR OTHERWISE PROVIDING, FURNISHING AND EQUIPPING OF A
HOSPITAL OR HOSPITALS.
S 14. Subdivision 1 of section 1680 of the public authorities law is
amended by adding a new undesignated paragraph to read as follows:
SUCH BUSINESS CORPORATIONS AS ARE ESTABLISHED PURSUANT TO SUBDIVISION
SEVENTEEN OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THE PUBLIC HEALTH LAW
FOR THE ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND
IMPROVEMENT, OR OTHERWISE PROVIDING, FURNISHING AND EQUIPPING OF A
HOSPITAL OR HOSPITALS.
S 15. Intentionally omitted.
S 16. Intentionally omitted.
S 17. Intentionally omitted.
S 18. Intentionally omitted.
S 19. Intentionally omitted.
S 20. Intentionally omitted.
S 21. Section 2801-a of the public health law is amended by adding a
new subdivision 17 to read as follows:
17. (A) DIAGNOSTIC OR TREATMENT CENTERS ESTABLISHED TO PROVIDE HEALTH
CARE SERVICES WITHIN THE SPACE OF A RETAIL BUSINESS OPERATION, SUCH AS A
PHARMACY, A STORE OPEN TO THE GENERAL PUBLIC OR A SHOPPING MALL, OR
WITHIN SPACE USED BY AN EMPLOYER FOR PROVIDING HEALTH CARE SERVICES TO
ITS EMPLOYEES, MAY BE OPERATED BY LEGAL ENTITIES FORMED UNDER THE LAWS
OF NEW YORK WHOSE STOCKHOLDERS OR MEMBERS, AS APPLICABLE, ARE NOT
NATURAL PERSONS AND WHOSE PRINCIPAL STOCKHOLDERS AND MEMBERS, AS APPLI-
CABLE, AND CONTROLLING PERSONS COMPLY WITH ALL APPLICABLE REQUIREMENTS
OF THIS SECTION AND DEMONSTRATE, TO THE SATISFACTION OF THE PUBLIC
HEALTH AND HEALTH PLANNING COUNCIL, SUFFICIENT EXPERIENCE AND EXPERTISE
IN DELIVERING HIGH QUALITY HEALTH CARE SERVICES. SUCH DIAGNOSTIC AND
TREATMENT CENTERS SHALL BE REFERRED TO IN THIS SECTION AS "LIMITED
SERVICES CLINICS." FOR PURPOSES OF THIS SUBDIVISION, THE PUBLIC HEALTH
AND HEALTH PLANNING COUNCIL SHALL ADOPT AND AMEND RULES AND REGULATIONS,
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, TO ADDRESS
ANY MATTER IT DEEMS PERTINENT TO THE ESTABLISHMENT OF LIMITED SERVICES
CLINICS; PROVIDED THAT SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT
BE LIMITED TO, PROVISIONS GOVERNING OR RELATING TO: (I) ANY DIRECT OR
INDIRECT CHANGES OR TRANSFERS OF OWNERSHIP INTERESTS OR VOTING RIGHTS IN
SUCH ENTITIES OR THEIR STOCKHOLDERS OR MEMBERS, AS APPLICABLE, AND
PROVIDE FOR PUBLIC HEALTH AND HEALTH PLANNING COUNCIL APPROVAL OF ANY
CHANGE IN CONTROLLING INTERESTS, PRINCIPAL STOCKHOLDERS, CONTROLLING
S. 6358--C 17
PERSONS, PARENT COMPANY OR SPONSORS; (II) OVERSIGHT OF THE OPERATOR AND
ITS SHAREHOLDERS OR MEMBERS, AS APPLICABLE, INCLUDING LOCAL GOVERNANCE
OF THE LIMITED SERVICES CLINICS; AND (III) RELATING TO THE CHARACTER AND
COMPETENCE AND QUALIFICATIONS OF, AND CHANGES RELATING TO, THE DIRECTORS
AND OFFICERS OF THE OPERATOR AND ITS PRINCIPAL STOCKHOLDERS, CONTROLLING
PERSONS, PARENT COMPANY OR SPONSORS.
(B) THE FOLLOWING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO LIMIT-
ED SERVICES CLINICS OPERATED PURSUANT TO THIS SUBDIVISION: (I) PARAGRAPH
(A) OF SUBDIVISION THREE OF THIS SECTION; (II) PARAGRAPH (B) OF SUBDIVI-
SION THREE OF THIS SECTION, RELATING TO STOCKHOLDERS AND MEMBERS OTHER
THAN PRINCIPAL STOCKHOLDERS AND PRINCIPAL MEMBERS; (III) PARAGRAPH (C)
OF SUBDIVISION FOUR OF THIS SECTION, RELATING TO THE DISPOSITION OF
STOCK OR VOTING RIGHTS; AND (IV) PARAGRAPH (E) OF SUBDIVISION FOUR OF
THIS SECTION, RELATING TO THE OWNERSHIP OF STOCK OR MEMBERSHIP.
(C) A LIMITED SERVICES CLINIC SHALL BE DEEMED TO BE A "HEALTH CARE
PROVIDER" FOR THE PURPOSES OF TITLE TWO-D OF ARTICLE TWO OF THIS CHAP-
TER. A PRESCRIBER PRACTICING IN A LIMITED SERVICES CLINIC SHALL NOT BE
DEEMED TO BE IN THE EMPLOY OF A PHARMACY OR PRACTICING IN A HOSPITAL FOR
PURPOSES OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT HUNDRED SEVEN OF THE
EDUCATION LAW.
(D) THE COMMISSIONER SHALL PROMULGATE REGULATIONS SETTING FORTH OPERA-
TIONAL AND PHYSICAL PLANT STANDARDS FOR LIMITED SERVICES CLINICS, WHICH
MAY BE DIFFERENT FROM THE REGULATIONS OTHERWISE APPLICABLE TO DIAGNOSTIC
OR TREATMENT CENTERS, INCLUDING, BUT NOT LIMITED TO: REQUIRING ACCREDI-
TATION; DESIGNATING OR LIMITING THE TREATMENTS AND SERVICES THAT MAY BE
PROVIDED; PROHIBITING THE PROVISION OF SERVICES TO PATIENTS TWENTY-FOUR
MONTHS OF AGE OR YOUNGER; THE PROVISION OF SPECIFIC IMMUNIZATIONS TO
PATIENTS YOUNGER THAN EIGHTEEN YEARS OF AGE; AND REQUIREMENTS OR GUIDE-
LINES FOR ADVERTISING AND SIGNAGE, DISCLOSURE OF OWNERSHIP INTERESTS,
INFORMED CONSENT, RECORD KEEPING, REFERRAL FOR TREATMENT AND CONTINUITY
OF CARE, CASE REPORTING TO THE PATIENT'S PRIMARY CARE OR OTHER HEALTH
CARE PROVIDERS, DESIGN, CONSTRUCTION, FIXTURES, AND EQUIPMENT. SUCH
REGULATIONS ALSO SHALL PROMOTE AND STRENGTHEN PRIMARY CARE THROUGH: (I)
THE INTEGRATION OF SERVICES PROVIDED BY LIMITED SERVICES CLINICS WITH
THE SERVICES PROVIDED BY THE PATIENT'S OTHER HEALTH CARE PROVIDERS; AND
(II) THE REFERRAL OF PATIENTS TO APPROPRIATE HEALTH CARE PROVIDERS,
INCLUDING APPROPRIATE TRANSMISSION OF PATIENT HEALTH RECORDS.
(E) NOTWITHSTANDING THIS SUBDIVISION AND ANY OTHER LAW OR REGULATION
TO THE CONTRARY AND SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT
HUNDRED TWO OF THIS ARTICLE, A DIAGNOSTIC AND TREATMENT CENTER, COMMUNI-
TY HEALTH CENTER OR FEDERALLY QUALIFIED HEALTH CENTER MAY OPERATE A
LIMITED SERVICES CLINIC WHICH MEETS THE REGULATION PROMULGATED PURSUANT
TO PARAGRAPH (D) OF THIS SUBDIVISION REGARDING OPERATIONAL AND PHYSICAL
PLANT STANDARDS FOR LIMITED SERVICES CLINICS.
S 21-a. Section 2802 of the public health law is amended by adding a
new subdivision 8 to read as follows:
8. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, A
GENERAL HOSPITAL ESTABLISHED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
ONE-A OF THIS ARTICLE MAY SUBMIT AN APPLICATION PURSUANT TO THIS SECTION
TO OPERATE A LIMITED SERVICES CLINIC THAT MEETS THE REGULATIONS PROMUL-
GATED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION SEVENTEEN OF SECTION
TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE REGARDING OPERATIONAL AND
PHYSICAL PLANT STANDARDS.
S 22. Intentionally omitted.
S 23. Intentionally omitted.
S 24. Intentionally omitted.
S. 6358--C 18
S 25. Intentionally omitted.
S 26. Intentionally omitted.
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 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 SHALL ENTER INTO A MULTI-YEAR CONTRACT FOR THE
OPERATION AND PROMOTION OF THE DONATE LIFE REGISTRY SUBJECT TO SUCH
TERMS AND CONDITIONS AS MAY BE CONTAINED WITHIN SUCH CONTRACT WITH A
STATEWIDE 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. THE CONTRACTOR SHALL INFORM THE COMMISSION-
ER OF SUCH SUBCONTRACTORS AND SHALL SUBMIT THE TERMS OF SUCH SUBCON-
TRACTS TO THE COMMISSIONER. ANY APPLICABLE STATE AGENCY, INCLUDING, BUT
NOT LIMITED TO, THE DEPARTMENT, THE DEPARTMENT OF MOTOR VEHICLES, AND
THE BOARD OF ELECTIONS SHALL COOPERATE IN THE COLLECTION AND TRANSFER OF
REGISTRANT DATA TO THE DONATE LIFE REGISTRY.
3. THE DUTIES OF THE CONTRACTOR OR CONTRACTORS 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;
(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.
S. 6358--C 19
4. FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN, PAYMENTS TO THE CONTRACTOR FOR THE
OPERATION OF THE DONATE LIFE REGISTRY SHALL BE PAID PURSUANT TO AN
APPROPRIATION WITHIN THE DEPARTMENT OF HEALTH. BEGINNING APRIL FIRST,
TWO THOUSAND FIFTEEN AND THEREAFTER, PAYMENTS TO THE CONTRACTOR FOR THE
OPERATION OF THE DONATE LIFE REGISTRY MAY BE PAID BY THE DEPARTMENT FROM
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, WHICH ARE DESIGNATED FOR
MAINTAINING AND OPERATING THE DONATE LIFE REGISTRY AS DEEMED APPROPRIATE
BY THE COMMISSIONER. 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)
through] (VI) any other method identified by the commissioner. Where
required by law for consent forms described in [paragraphs (a) and (b)]
SUBPARAGRAPHS (I) AND (II) of this [subdivision] PARAGRAPH, the commis-
sioner 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'."
The commissioner shall not maintain records of any person who checks
"skip this question". Failure to check a box shall not impair the valid-
ity 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. ENROLLMENT THROUGH THE DONATE LIFE REGIS-
TRY WEBSITE THROUGH ANY OF THE MEANS LISTED ABOVE MAY BE SIGNED BY ELEC-
TRONIC SIGNATURE, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE THREE OF
THE STATE TECHNOLOGY LAW, SUPPORTED BY THE USE OF UNIQUE IDENTIFIERS
THAT PROVIDE REASONABLE CONFIDENCE IN THE IDENTITY OF THE PERSON PROVID-
ING THE ELECTRONIC SIGNATURE. The registration shall take effect upon
the provision of A WRITTEN RECEIPT OR OTHER FORMS OF written or elec-
tronic notice of the registration to the [person] INDIVIDUAL enrolling
in the DONATE LIFE registry.
[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.
S. 6358--C 20
(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.] (B) AMENDMENTS OR
REVOCATIONS FROM THE DONATE LIFE REGISTRY MAY BE MADE BY THE FOLLOWING,
SUBJECT TO THE REQUIREMENTS OF THE COMMISSIONER:
(I) REGISTRANTS SUBMITTING A REQUEST IN WRITING TO THE DONATE LIFE
REGISTRY; OR
(II) REGISTRANTS SUBMITTING A REQUEST ELECTRONICALLY THROUGH THE
DONATE LIFE REGISTRY WEBSITE.
(C) REMOVAL FROM THE DONATE LIFE REGISTRY SHALL NOT BE DEEMED A
REFUSAL OF ANY FUTURE ANATOMICAL GIFT.
(D) 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]
FEBRUARY TWELFTH, TWO THOUSAND SEVEN 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 THE EXTENT PRACTICABLE, TO
REGISTRANTS TO CONFIRM THE ACCURACY AND VALIDITY OF THEIR REGISTRATION
AND TO AMEND OR REVOKE THEIR REGISTRATION, SUBJECT TO REASONABLE PROCE-
DURES TO VERIFY IDENTITY.
(B) ACCESS TO THE DONATE LIFE REGISTRY SHALL HAVE REASONABLE SECURITY
MEASURES SET FORTH IN THE CONTRACT, COMPARABLE TO THOSE COMMONLY
EMPLOYED BY ORGAN DONOR REGISTRIES IN OTHER STATES TO PROTECT THE INTEG-
RITY 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, AND BY THE CONTRACTOR ONLY FOR PURPOSES OF QUALITY ASSESSMENT
AND IMPROVEMENT, TECHNICAL SUPPORT AND DONOR SERVICES, OR BY INDIVIDUAL
REGISTRANTS FOR THE PURPOSES OF CONFIRMING THE ACCURACY AND VALIDITY OF
THEIR REGISTRATION OR MAKING, AMENDING OR REVOKING THEIR REGISTRATION.
(C) DE-IDENTIFIED AND DEMOGRAPHIC INFORMATION MAY BE ACCESSED BY THE
ENTITIES LISTED IN PARAGRAPH (A) OF THIS SUBDIVISION OR THEIR DESIGNEES
S. 6358--C 21
FOR PURPOSES OF ANALYSIS, PROMOTION, EDUCATION, QUALITY IMPROVEMENT AND
TECHNICAL SUPPORT.
8. The commissioner is authorized to promulgate rules and regulations
necessary to implement the provisions of this section.
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER, THE
DEPARTMENT, AND ITS EMPLOYEES OR AGENTS, OTHER THAN THOSE OF THE
CONTRACTOR, SHALL NOT BE SUBJECT TO ANY LIABILITY WHATSOEVER FOR ANY
DAMAGES OR OTHER HARM ARISING FROM THE ACTIONS OR INACTION OF THE
CONTRACTOR.
10. AN INTERAGENCY WORKGROUP, COMPOSED OF THE COMMISSIONER, THE
COMMISSIONER OF THE DEPARTMENT OF MOTOR VEHICLES, A CHAIR OF THE BOARD
OF ELECTIONS, OR THEIR DESIGNEES, AND SUCH OTHER INDIVIDUALS AS MAY BE
DESIGNATED BY THE COMMISSIONER, SHALL BE ESTABLISHED TO MEET WITH THE
CONTRACTOR AT LEAST ANNUALLY TO REVIEW THE STATUS OF THE DONOR REGISTRY,
TO EXAMINE STEPS THAT MIGHT BE TAKEN BY STATE AGENCIES TO ENHANCE ITS
PERFORMANCE AND TO MAKE RECOMMENDATIONS TO THE CONTRACTOR.
S 28. Section 6 of chapter 465 of the laws of 2012, amending the
public health law and the vehicle and traffic law relating to establish-
ing Lauren's law, is amended to read as follows:
S 6. This act shall take effect one year after it shall have become a
law; provided that the commissioners of health and motor vehicles may
implement sections two, four and five of this act within their respec-
tive jurisdictions before that date[; and provided, further, that the
provisions of this act shall expire and be deemed repealed three years
after such effective date].
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 awareness; PROVIDED, HOWEVER, SUBJECT TO A SEPARATE
APPROPRIATION BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, ANY REVENUES
RECEIVED, APPROPRIATED, CREDITED OR TRANSFERRED TO THE FUND ON OR AFTER
APRIL FIRST, TWO THOUSAND FOURTEEN MAY ALSO BE EXPENDED TO SUPPORT THE
MAINTENANCE AND OPERATION OF THE DONATE LIFE REGISTRY, IN ACCORDANCE
WITH THE PROVISIONS OF SECTION FORTY-THREE HUNDRED TEN OF THE PUBLIC
HEALTH LAW.
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. HOWEVER, NO SUCH TRANSACTION SHALL BE EFFECTIVE UNLESS AT
S. 6358--C 22
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 DEVEL-
OPED 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 TRANS-
ACTION.
(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
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
S. 6358--C 23
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-
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. Intentionally omitted.
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.
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-
S. 6358--C 24
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-
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
S. 6358--C 25
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. Subdivision 9 of section 2803 of the public health law is
REPEALED.
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 38. Intentionally omitted.
S 39. Subdivision 6 of section 2899 of the public health law, as
amended by chapter 331 of the laws of 2006, is amended to read as
follows:
6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; OR ANY ADULT
CARE FACILITY LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
S 40. Paragraph (a) of subdivision 9 of section 2899-a of the public
health law, as amended by chapter 331 of the laws of 2006, is amended to
read as follows:
(a) In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such criminal history
information, reimbursement shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant to
law by the division of criminal justice services for processing a crimi-
nal history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and costs associ-
ated with obtaining the fingerprints to all providers licensed, but not
certified under article thirty-six of this chapter, AND ALL ADULT CARE
FACILITIES LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL SERVICES LAW,
including those that are subject to this article and are unable to
S. 6358--C 26
access direct reimbursement from state and/or federal funded health
programs.
S 41. The social services law is amended by adding a new section 461-t
to read as follows:
S 461-T. REVIEW OF CRIMINAL HISTORY INFORMATION CONCERNING PROSPECTIVE
DIRECT CARE EMPLOYEES. EVERY ADULT CARE FACILITY SHALL CONDUCT A CRIMI-
NAL HISTORY RECORD CHECK OF PROSPECTIVE DIRECT CARE EMPLOYEES UTILIZING
THE PROCEDURES AND STANDARDS SET FORTH IN ARTICLE TWENTY-EIGHT-E OF THE
PUBLIC HEALTH LAW.
S 42. 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 AND THE STATE
or, where the services are covered by the medical assistance program,
upon the social services district of fiscal responsibility with respect
to those eligible 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 TO
A PROVIDER WITHIN THIRTY DAYS OF THE RECEIPT BY THE STATE OR ITS DESIG-
NATED STATE FISCAL AGENT OF AN INITIAL CLAIM FROM A PROVIDER. THE STATE
OR ITS DESIGNATED FISCAL AGENT SHALL ONLY SEEK PAYMENT FROM MUNICI-
PALITIES FOR THE MEDICAL ASSISTANCE PROGRAM OR THIRD PARTY PAYOR CLAIMS
AFTER THE STATE OR ITS DESIGNATED FISCAL AGENT HAS RECEIVED PAYMENT FROM
ALL THIRD PARTY PAYORS AND THE MEDICAL ASSISTANCE PROGRAM, AND CONDUCTED
ALL APPEALS OF PAYMENT DENIALS BY ALL THIRD PARTY PAYORS. WHERE A
PROVIDER'S ASSIGNMENT IS CALLED FOR UNDER PARAGRAPH (D) OF SUBDIVISION
THREE OF SECTION TWENTY-FIVE HUNDRED FIFTY-NINE OF THIS TITLE, THE
ASSIGNMENT SHALL BE PART OF THE PROVIDER'S CLAIM. Notwithstanding the
insurance law or regulations thereunder 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 title shall be considered secondary
to any plan of insurance or state government benefit program under which
an eligible child may have coverage. Nothing in this section shall
increase or enhance coverages provided for within an insurance contract
subject to the provisions of this title.
S 43. 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, 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
S. 6358--C 27
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 44. 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 45. 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] 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. The [provider] STATE OR ITS 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 46. Intentionally omitted.
S 47. Intentionally omitted.
S 48. Notwithstanding any law, rule or regulation to the contrary, the
commissioner of health may accept, as evidence of compliance with perti-
nent public health law requirements and other applicable laws, rules and
regulations, accreditation of a clinical laboratory by an organization
with deeming status granted by the Centers for Medicare and Medicaid
Services pursuant to Clinical Laboratory Improvement Amendments (CLIA).
The commissioner of health may exempt any such accredited laboratory
from inspection and/or proficiency testing requirements established by
the public health law. Nothing herein shall be construed to prohibit the
department of health from investigating complaints made against clinical
laboratories.
S 49. Section 2802 of the public health law is amended by adding a new
subdivision 9 to read as follows:
9. NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THIS
SUBDIVISION SHALL APPLY TO ANY APPLICATION FOR CONSTRUCTION REQUIRED
UNDER THIS SECTION WITH THE EXCEPTION OF THOSE FEDERALLY QUALIFIED
HEALTH CENTER CAPITAL PROJECTS SUBJECT TO SECTION TWENTY-EIGHT HUNDRED
SEVEN-Z OF THIS ARTICLE.
(A) THE DEPARTMENT SHALL HAVE THIRTY DAYS OF RECEIPT OF ANY APPLICA-
TION 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 DEFICIENCY IN THE APPLICATION.
(B) FOR AN APPLICATION REQUIRING A LIMITED OR ADMINISTRATIVE REVIEW,
WITHIN NINETY DAYS OF THE DEPARTMENT DEEMING THE APPLICATION COMPLETE,
THE COMMISSIONER SHALL MAKE A DECISION TO APPROVE OR DISAPPROVE THE
S. 6358--C 28
APPLICATION. IF THE COMMISSIONER DETERMINES TO DISAPPROVE THE APPLICA-
TION, THE BASIS FOR SUCH DISAPPROVAL SHALL BE PROVIDED IN WRITING;
HOWEVER, DISAPPROVAL SHALL NOT BE BASED ON THE INCOMPLETENESS OF THE
APPLICATION. IF THE COMMISSIONER FAILS TO TAKE ACTION TO APPROVE OR
DISAPPROVE THE APPLICATION WITHIN NINETY DAYS OF THE APPLICATION BEING
DEEMED COMPLETE, THE APPLICATION SHALL BE DEEMED APPROVED.
(C) FOR AN APPLICATION REQUIRING FULL REVIEW BY THE COUNCIL, THE
APPLICATION SHALL BE PLACED ON THE NEXT COUNCIL AGENDA FOLLOWING THE
DEPARTMENT DEEMING THE APPLICATION COMPLETE.
(D) WHERE THE COMMISSIONER OR DEPARTMENT REQUIRES THE APPLICANT TO
SUBMIT INFORMATION TO SATISFY A CONTINGENCY FOR A CONSTRUCTION PROJECT,
THE COMMISSIONER OR DEPARTMENT SHALL HAVE THIRTY DAYS TO REVIEW AND
APPROVE OR DISAPPROVE THE SUBMITTED INFORMATION. IF THE COMMISSIONER OR
DEPARTMENT DETERMINES THAT THE SUBMITTED INFORMATION IS INCOMPLETE, IT
SHALL SO NOTIFY THE APPLICANT IN WRITING AND PROVIDE THE APPLICANT WITH
TEN BUSINESS DAYS TO CORRECT THE DEFICIENCY OR PROVIDE ADDITIONAL INFOR-
MATION. IF THE COMMISSIONER OR DEPARTMENT DETERMINES THAT THE SUBMITTED
INFORMATION DOES NOT SATISFY THE CONTINGENCY, THE BASIS FOR SUCH DISAP-
PROVAL SHALL BE PROVIDED IN WRITING; HOWEVER, DISAPPROVAL SHALL NOT BE
BASED ON THE INCOMPLETENESS OF THE APPLICATION. WITHIN FIFTEEN DAYS OF
COMPLETE SATISFACTION OF A CONTINGENCY, THE COMMISSIONER OR DEPARTMENT
SHALL TRANSMIT THE FINAL APPROVAL LETTER TO THE APPLICANT.
(E) THE DEPARTMENT SHALL DEVELOP EXPEDITED PRE-OPENING SURVEY PROC-
ESSES FOR APPLICATIONS APPROVED UNDER THIS SECTION, BUT UNDER NO CIRCUM-
STANCES SHALL PRE-OPENING SURVEY REVIEWS BE SCHEDULED LATER THAN THIRTY
DAYS AFTER FINAL APPROVAL, CONSTRUCTION COMPLETION AND NOTIFICATION OF
SUCH COMPLETION OF THE DEPARTMENT.
S 50. Section 2802 of the public health law is amended by adding a new
subdivision 10 to read as follows:
10. WITH REGARD TO ANY CONSTRUCTION PROJECT REQUIRING SUBMISSION OF AN
APPLICATION PURSUANT TO THIS SECTION WHERE THE COMMISSIONER HAS DETER-
MINED THAT A WRITTEN CERTIFICATION BY AN ARCHITECT OR ENGINEER LICENSED
BY THE STATE OF NEW YORK THAT THE PROJECT MEETS APPLICABLE REGULATIONS
OF THE DEPARTMENT CAN BE ACCEPTED, THE SUBMISSION BY THE APPLICANT OF
SUCH CERTIFICATION BY CERTIFIED OR REGISTERED MAIL WITH A RETURN RECEIPT
SIGNED BY THE DEPARTMENT SHALL CONSTITUTE A FULFILLMENT OF THE CERTIF-
ICATION REQUIREMENT AND THE DEPARTMENT SHALL PROCEED WITH THE PROCESSING
OF SUCH APPLICATION. NOTHING HEREIN SHALL BE CONSTRUED AS PROHIBITING
THE DEPARTMENT UPON SURVEY FROM REQUIRING SUBSEQUENT CORRECTIONS TO THE
PROJECT TO MEET THE APPLICABLE REGULATIONS.
S 51. Section 2904-b of the public health law is REPEALED.
S 52. Intentionally omitted.
S 53. Intentionally omitted.
S 54. Intentionally omitted.
S 55. Intentionally omitted.
S 56. Intentionally omitted.
S 57. Intentionally omitted.
S 58. Intentionally omitted.
S 58-a. The public health law is amended by adding a new section
2997-e to read as follows:
S 2997-E. PROVISION OF CONTACT INFORMATION RELATING TO LONG TERM CARE.
WHENEVER A HEALTH CARE PROVIDER OR PRACTITIONER MAKES A RECOMMENDATION
REGARDING THE NECESSITY OF LONG TERM CARE SERVICES OR A REFERRAL FOR THE
RECEIPT OF LONG TERM CARE SERVICES TO A PATIENT, THE PATIENT OR
PATIENT'S DESIGNATED REPRESENTATIVE SHALL BE PROVIDED BY THE HEALTH CARE
PROVIDER OR PRACTITIONER THE CONTACT INFORMATION FOR NY CONNECTS: CHOIC-
S. 6358--C 29
ES FOR LONG TERM CARE, ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF
SECTION TWO HUNDRED THREE OF THE ELDER LAW, THAT CORRESPONDS TO THE
PATIENT'S COUNTY OF RESIDENCE OR PROSPECTIVE COUNTY OF RESIDENCE BASED
ON THE PREFERENCE OF THE PATIENT.
S 59. 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 A PARENTERAL
ADMINISTRATION, AN OPHTHALMIC OR ORAL INHALATION DRUG IN AQUEOUS FORMAT,
OR A DRUG THAT IS REQUIRED TO BE STERILE UNDER FEDERAL OR STATE LAW.
S 60. 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 61. Subdivisions 5, 6 and 7 of section 6808 of the education law are
renumbered as subdivisions 6, 7 and 8 and a new subdivision 5 is added
to read as follows:
5. OUTSOURCING FACILITY'S REGISTRATION.
I. OBTAINING A REGISTRATION. AN OUTSOURCING FACILITY SHALL BE REGIS-
TERED AS FOLLOWS:
II. 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. UPON INITIALLY REGISTERING AS AN OUTSOURCING FACILITY AND EVERY SIX
MONTHS THEREAFTER, EACH OUTSOURCING FACILITY SHALL SUBMIT TO THE EXECU-
TIVE SECRETARY OF THE STATE BOARD OF PHARMACY A REPORT:
I. IDENTIFYING THE DRUGS COMPOUNDED BY SUCH OUTSOURCING FACILITY
DURING THE PREVIOUS SIX-MONTH PERIOD; AND
II. WITH RESPECT TO EACH DRUG IDENTIFIED UNDER SUBPARAGRAPH I, PROVID-
ING THE ACTIVE INGREDIENT; THE SOURCE OF SUCH ACTIVE INGREDIENT; THE
S. 6358--C 30
NATIONAL DRUG CODE NUMBER OF THE SOURCE DRUG OR BULK ACTIVE INGREDIENT,
IF AVAILABLE; THE STRENGTH OF THE ACTIVE INGREDIENT 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. 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 62. Subdivisions 6 and 7 of section 6808 of the education law, as
added by chapter 987 of the laws of 1971 and renumbered by section 61 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,] OR 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 63. 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, INCLUDING COMPOUNDED DRUGS, 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 64. 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
shall be accompanied by a fee as provided in section sixty-eight hundred
eight of this article; and
S 65. Section 6810 of the education law is amended by adding a new
subdivision 14 to read as follows:
S. 6358--C 31
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 66. 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 67. 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 IS 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 IS 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 68. 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
given away to a person who does not currently possess a registration to
operate a pharmacy.
S. 6358--C 32
S 69. The opening paragraph of 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:
[No] EXCEPT AS IS OTHERWISE PROVIDED IN THE FEDERAL FOOD, DRUG, AND
COSMETIC ACT, person shall sell, deliver, offer for sale, hold for sale,
or give away any new drug, unless
S 70. 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 REGIS-
TERED 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
COSMETIC 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;
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 ESTAB-
LISHED 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.
S. 6358--C 33
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 SECRE-
TARY 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. 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
B. 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.
14. REPORTS. THE COMMISSIONER OF EDUCATION, IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH, SHALL PREPARE AND SUBMIT A REPORT TO THE GOVER-
NOR AND THE LEGISLATURE, DUE EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF
S. 6358--C 34
THIS SECTION, EVALUATING THE EFFECTIVENESS OF THE REGISTRATION AND OVER-
SIGHT OF OUTSOURCING FACILITIES RELATED TO COMPOUNDING.
S 71. 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 SIX THOUSAND 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 72. 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:
2. 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:
(a) an individual symbol or number assigned to the person who packaged
the controlled substance in such form; and
(b) a code number or symbol assigned by the commissioner identifying
such substance or combination of substances.
S 73. 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 74. 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 75. 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:
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.
S. 6358--C 35
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 76. 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 77. Subdivision 3 of section 241 of the elder law is amended to read
as follows:
3. "Income" shall mean "household gross income" as defined in the real
property tax circuit breaker credit program, pursuant to subparagraph
(C) of paragraph one of subsection (e) of section six hundred six of the
tax law, [but] EXCLUDING ANY PAYMENTS RECEIVED UNDER THE FEDERAL SOCIAL
SECURITY ACT, AND only shall include the income of program applicants
and spouses and shall exclude the income of other members of the house-
hold.
S 78. Subdivision 2 of section 242 of the elder law, as added by
section 5 of part T of chapter 56 of the laws of 2012, is amended to
read as follows:
2. Persons eligible for catastrophic coverage under section two
hundred forty-eight of this title shall include:
(a) any unmarried resident who is at least sixty-five years of age and
whose income for the calendar year immediately preceding the effective
date of the annual coverage period beginning on or after January first,
two thousand one, is more than twenty thousand and less than or equal to
[thirty-five] SEVENTY-FIVE thousand dollars. After the initial determi-
nation of eligibility, each eligible individual must be redetermined
eligible at least every twenty-four months; and
(b) any married resident who is at least sixty-five years of age and
whose income for the calendar year immediately preceding the effective
date of the annual coverage period when combined with the income in the
same calendar year of such married person's spouse beginning on or after
January first, two thousand one, is more than twenty-six thousand
dollars and less than or equal to [fifty] ONE HUNDRED thousand dollars.
After the initial determination of eligibility, each eligible individual
must be redetermined eligible at least every twenty-four months.
S. 6358--C 36
S 79. Paragraphs (a) and (b) of subdivision 2 of section 248 of the
elder law, as added by section 17 of part T of chapter 56 of the laws of
2012, are amended to read as follows:
(a) Annual personal covered drug expenditures for unmarried individual
eligible program participants:
individual income of $20,001 to [$21,000] $42,000 $530
individual income of [$21,001] $42,001 $550
to [$22,000] $44,000
individual income of [$22,001] $44,001 $580
to [$23,000] $46,000
individual income of [$23,001] $46,001 $720
to [$24,000] $48,000
individual income of [$24,001] $48,001 $750
to [$25,000] $50,000
individual income of [$25,001] $50,001 $780
to [$26,000] $52,000
individual income of [$26,001] $52,001 $810
to [$27,000] $54,000
individual income of [$27,001] $54,001 $840
to [$28,000] $56,000
individual income of [$28,001] $56,001 $870
to [$29,000] $58,000
individual income of [$29,001] $58,001 $900
to [$30,000] $60,000
individual income of [$30,001] $60,001 $930
to [$31,000] $62,000
individual income of [$31,001] $62,001 $960
to [$32,000] $64,000
individual income of [$32,001] $64,001 $1,160
to [$33,000] $66,000
individual income of [$33,001] $66,001 $1,190
to [$34,000] $68,000
individual income of [$34,001] $68,001 $1,230
to [$35,000] $75,000
(b) Annual personal covered drug expenditures for each married
individual eligible program participant:
joint income of $26,001 to [$27,000] $54,000 $650
joint income of [$27,001] $54,001 $675
to [$28,000] $56,000
joint income of [$28,001] $56,001 $700
to [$29,000] $58,000
joint income of [$29,001] $58,001 $725
to [$30,000] $60,000
joint income of [$30,001] $60,001 $900
to [$31,000] $62,000
joint income of [$31,001] $62,001 $930
to [$32,000] $64,000
joint income of [$32,001] $64,001 $960
to [$33,000] $66,000
joint income of [$33,001] $66,001 $990
to [$34,000] $68,000
joint income of [$34,001] $68,001 $1,020
to [$35,000] $70,000
joint income of [$35,001] $70,001 $1,050
to [$36,000] $72,000
S. 6358--C 37
joint income of [$36,001] $72,001 $1,080
to [$37,000] $74,000
joint income of [$37,001] $74,001 $1,110
to [$38,000] $76,000
joint income of [$38,001] $76,001 $1,140
to [$39,000] $78,000
joint income of [$39,001] $78,001 $1,170
to [$40,000] $80,000
joint income of [$40,001] $80,001 $1,200
to [$41,000] $82,000
joint income of [$41,001] $82,001 $1,230
to [$42,000] $84,000
joint income of [$42,001] $84,001 $1,260
to [$43,000] $86,000
joint income of [$43,001] $86,001 $1,290
to [$44,000] $88,000
joint income of [$44,001] $88,001 $1,320
to [$45,000] $90,000
joint income of [$45,001] $90,001 $1,575
to [$46,000] $92,000
joint income of [$46,001] $92,001 $1,610
to [$47,000] $94,000
joint income of [$47,001] $94,001 $1,645
to [$48,000] $96,000
joint income of [$48,001] $96,001 $1,680
to [$49,000] $98,000
joint income of [$49,001] $98,001 $1,715
to [$50,000] $100,000
S 80. Paragraphs (a) and (b) of subdivision 4 of section 248 of the
elder law, as added by section 17 of part T of chapter 56 of the laws of
2012, are amended to read as follows:
(a) Limits on co-payments by unmarried individual eligible program
participants:
individual income of $20,001
to [$21,000] $42,000 no more than $1,050
individual income of [$21,001] $42,001
to [$22,000] $44,000 no more than $1,100
individual income of [$22,001] $44,001
to [$23,000] $46,000 no more than $1,150
individual income of [$23,001] $46,001
to [$24,000] $48,000 no more than $1,200
individual income of [$24,001] $48,001
to [$25,000] $50,000 no more than $1,250
individual income of [$25,001] $50,001
to [$26,000] $52,000 no more than $1,300
individual income of [$26,001] $52,001
to [$27,000] $54,000 no more than $1,350
individual income of [$27,001] $54,001
to [$28,000] $56,000 no more than $1,400
individual income of [$28,001] $56,001
to [$29,000] $58,000 no more than $1,450
individual income of [$29,001] $58,001
to [$30,000] $60,000 no more than $1,500
individual income of [$30,001] $60,001
to [$31,000] $62,000 no more than $1,550
individual income of [$31,001] $62,001
S. 6358--C 38
to [$32,000] $64,000 no more than $1,600
individual income of [$32,001] $64,001
to [$33,000] $66,000 no more than $1,650
individual income of [$33,001] $66,001
to [$34,000] $68,000 no more than $1,700
individual income of [$34,001] $68,001
to [$35,000] $75,000 no more than $1,750
(b) Limits on co-payments by each married individual eligible program
participant:
joint income of $26,001
to [$27,000] $54,000 no more than $1,08
joint income of [$27,001] $54,001
to [$28,000] $56,000 no more than $1,120
joint income of [$28,001] $56,001
to [$29,000] $58,000 no more than $1,160
joint income of [$29,001] $58,001
to [$30,000] $60,000 no more than $1,200
joint income of [$30,001] $60,001
to [$31,000] $62,000 no more than $1,240
joint income of [$31,001] $62,001
to [$32,000] $64,000 no more than $1,280
joint income of [$32,001] $64,001
to [$33,000] $66,000 no more than $1,320
joint income of [$33,001] $66,001
to [$34,000] $68,000 no more than $1,360
joint income of [$34,001] $68,001
to [$35,000] $70,000 no more than $1,400
joint income of [$35,001] $70,001
to [$36,000] $72,000 no more than $1,440
joint income of [$36,001] $72,001
to [$37,000] $74,000 no more than $1,480
joint income of [$37,001] $74,001
to [$38,000] $76,000 no more than $1,520
joint income of [$38,001] $76,001
to [$39,000] $78,000 no more than $1,560
joint income of [$39,001] $78,001
to [$40,000] $80,000 no more than $1,600
joint income of [$40,001] $80,001
to [$41,000] $82,000 no more than $1,640
joint income of [$41,001] $82,001
to [$42,000] $84,000 no more than $1,680
joint income of [$42,001] $84,001
to [$43,000] $86,000 no more than $1,720
joint income of [$43,001] $86,001
to [$44,000] $88,000 no more than $1,760
joint income of [$44,001] $88,001
to [$45,000] $90,000 no more than $1,800
joint income of [$45,001] $90,001
to [$46,000] $92,000 no more than $1,840
joint income of [$46,001] $92,001
to [$47,000] $94,000 no more than $1,880
joint income of [$47,001] $94,001
to [$48,000] $96,000 no more than $1,920
joint income of [$48,001] $96,001
to [$49,000] $98,000 no more than $1,960
joint income of [$49,001] $98,001
S. 6358--C 39
to [$50,000] $100,000 no more than $2,000
S 81. Section 31.08 of the mental hygiene law, as added by section 55
of part H of chapter 59 of the laws of 2011, is amended to read as
follows:
S 31.08 Compliance with operational standards by [hospitals] CERTAIN
PROVIDERS OF SERVICES.
(a) Notwithstanding the provisions of section 31.07 of this article,
with respect to a [hospital] PROVIDER OF SERVICES as defined in section
1.03 of this chapter, which is a ward, wing, unit, or other part of a
hospital, as defined in article twenty-eight of the public health law,
which provides INPATIENT SERVICES, OUTPATIENT services, OR BOTH for
persons with mental illness pursuant to an operating certificate issued
by the commissioner, the requirements of section 31.07 of this article
may be deemed to be met if such hospital has been accredited by The
Joint Commission, or any other hospital accrediting organization to
which the Centers for Medicare and Medicaid Services has granted deeming
status, and which the commissioner shall have determined has accrediting
standards sufficient to assure the commissioner that hospitals so
accredited are in compliance with the provisions of this chapter and
applicable laws, rules and regulations in regard to services provided at
such wing, ward, unit or other part of a hospital. Such accreditation
shall have the same legal effect as a determination by the commissioner
under section 31.07 of this article that the hospital is in compliance
with such provisions. The commissioner may exempt any such hospital from
the annual inspection and visitation requirements established in section
31.07 of this article, provided that:
1. such hospital has a history of compliance with such provisions of
law, rules and regulations and a record of providing good quality care,
as determined by the commissioner;
2. a copy of the survey report and the certificate of accreditation of
The Joint Commission or other approved accrediting organization is
submitted by the accrediting body or the hospital to the commissioner,
within seven days of issuance to the hospital;
3. The Joint Commission or other accrediting organization has agreed
to and does evaluate, as part of its accreditation survey, any minimal
operational standards established by the commissioner which are in addi-
tion to the minimal operational standards of accreditation of The Joint
Commission or other accrediting organization; and
4. there are no constraints placed upon access by the commissioner to
The Joint Commission or other approved accrediting organization survey
reports, plans of correction, interim self-evaluation reports, notices
of noncompliance, progress reports on correction of areas of noncompli-
ance, or any other related reports, information, communications or mate-
rials regarding such hospital.
(b) Any hospital AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW, WHICH IS governed by the provisions of subdivision (a) of
this section shall at all times be subject to inspection or visitation
by the commissioner to determine compliance with applicable law, regu-
lations, standards or conditions as deemed necessary by the commission-
er. Any such hospital shall be subject to the full range of licensing
enforcement authority of the commissioner.
(c) Any hospital AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW, WHICH IS governed by the provisions of subdivision (a) of
this section shall notify the commissioner immediately upon receipt of
notice by The Joint Commission or other approved accrediting organiza-
tion, or any communication the hospital may receive that such organiza-
S. 6358--C 40
tion will be recommending that such hospital not be accredited, not have
its accreditation renewed, or have its accreditation terminated, or upon
receipt of notice or other communication from the Centers for Medicare
and Medicaid Services regarding a determination that the hospital will
be terminated from participation in the Medicare program because it is
not in compliance with one or more conditions of participation in such
program, or has deficiencies that either individually or in combination
jeopardize the health and safety of patients or are of such character as
to seriously limit the provider's capacity to render adequate care.
S 82. Section 32.14 of the mental hygiene law, as added by section 56
of part H of chapter 59 of the laws of 2011, is amended to read as
follows:
S 32.14 Compliance with operational standards by CERTAIN providers of
services [in hospitals].
(a) Notwithstanding the provisions of section 32.13 of this article,
with respect to a provider of services as defined in section 1.03 of
this chapter that occupies a ward, wing, unit, or other part of a hospi-
tal, as defined in article twenty-eight of the public health law, which
provides INPATIENT SERVICES, OUTPATIENT services OR BOTH for persons
with mental disabilities pursuant to an operating certificate issued by
the commissioner, the requirements of section 32.13 of this article may
be deemed to be met if such hospital has been accredited by The Joint
Commission, or any other accrediting organization to which the Centers
for Medicare and Medicaid Services has granted deeming status, and which
the commissioner shall have determined has accrediting standards suffi-
cient to assure the commissioner that providers of services occupying a
ward, wing, unit or other part of such hospital so accredited are in
compliance with the provisions of this chapter and applicable laws,
rules and regulations in regard to services provided at such ward, wing,
unit or other part of a hospital. Such accreditation shall have the same
legal effect as a determination by the commissioner under section 32.13
of this article that the provider of services is in compliance with such
provisions. The commissioner may exempt any such provider of services,
in regard to services provided at such ward, wing, unit or other part of
a hospital, from the annual inspection and visitation requirements
established in section 32.13 of this article, provided that:
1. such provider of services has a history of compliance with such
provisions of law, rules and regulations and a record of providing good
quality care, as determined by the commissioner;
2. a copy of the survey report and the certificate of accreditation of
The Joint Commission or other approved accrediting organization is
submitted by the accrediting body or the provider of services to the
commissioner, within seven days of issuance to such provider of
services;
3. The Joint Commission or other approved accrediting organization has
agreed to and does evaluate, as part of its accreditation survey, any
minimal operational standards established by the commissioner which are
in addition to the minimal operational standards of accreditation of The
Joint Commission or other accrediting organization; and
4. there are no constraints placed upon access by the commissioner to
The Joint Commission or other approved accrediting organization survey
reports, plans of correction, interim self-evaluation reports, notices
of noncompliance, progress reports on correction of areas of noncompli-
ance, or any other related reports, information, communications or mate-
rials regarding such provider of services.
S. 6358--C 41
S 83. Legislative intent. The legislature hereby finds that the goals
of the state include providing individuals with mental illnesses the
tools necessary to: (a) make informed choices and decisions; and (b)
achieve equality of opportunity, full inclusion and integration in soci-
ety, employment, independent living, and economic and social self-suffi-
ciency. The legislature further finds that such goals are best achieved
by providing individuals with mental illnesses a variety of residential
options that are both integrated and appropriate to the needs of each
person. Therefore, the legislature finds it appropriate and prudent to
continue overseeing the regulation of adult homes as the state develops
community based settings sufficient to meet the desires and needs of
individuals with mental illnesses.
S 84. Definitions. For the purposes of this act, the following terms
shall have the following meanings:
(a) "Administrative action" means any decision or action by a state
agency, including but not limited to the promulgation, implementation or
enforcement of regulations.
(b) "Adult home" means an adult care facility established and oper-
ated, pursuant to article 7 of the social services law, for the purpose
of providing long-term residential care, room, board, housekeeping,
personal care and supervision to five or more adults who are unrelated
to the operator.
(c) "Mental health census" means the number or percentage of residents
in a facility who are persons with serious mental illness.
(d) "Persons with serious mental illness" means persons who have a
designated diagnosis of mental illness under the most recent edition of
the Diagnostic and Statistical Manual of Mental Disorders, but not a
primary diagnosis of alcohol or drug disorders, organic brain syndromes,
developmental disabilities or social conditions, and whose severity and
duration of mental illness results in substantial functional disability.
(e) "Substantial functional disability" means an individual with a
mental illness who: (i) received treatment from a mental health service
provider operated, licensed, or funded by the office of Mental Health
(unless a health home or managed long term care plan determines, based
on documented evidence, that the individual's mental illness has not
resulted in a substantial functional disability); or (ii) is under the
age of 65 and receives supplementary security income ("SSI") or Social
Security Disability Income ("SSDI") due to mental illness (but not a
primary diagnosis of alcohol or drug disorders, organic brain syndromes,
developmental disabilities, or social conditions) and, according to the
Social Security Administration, is awarded SSI or SSDI due to mental
illness.
(f) "Transitional adult home" means an adult home with a licensed
capacity of greater than 80 beds and a mental health census of 25
percent or more of the resident population. Notwithstanding any
provision of law or regulation to the contrary, an adult home shall not
be considered a transitional adult home if it is authorized to operate
55 percent or more of its total licensed capacity as assisted living
program beds, pursuant to section 461-1 of the social services law.
S 85. Notwithstanding any provision of law, rule or regulation to the
contrary, no state agency shall undertake any administrative action
designed to limit or reduce the mental health census of an adult home
unless such administrative action:
(a) ensures that all persons with serious mental illness are provided
with the opportunity to choose to live in the most integrated setting
S. 6358--C 42
appropriate to their needs, as determined by individual assessments
conducted by managed long term care providers or health homes;
(b) facilitates informed decision making by persons with serious
mental illness by requiring that current residents are presented with
fair, objective and unbiased information about their housing options;
(c) prohibits the discharge of an adult home resident into community
based settings without department certification that appropriate alter-
native housing options and supportive services are available in such
resident's preferred geographic location;
(d) clearly defines "persons with serious mental illness" in a manner
consistent with the provisions of subdivision (d) of section 84 of this
act;
(e) provides adequate timeframes to transition persons with serious
mental illness into the most integrated setting appropriate to their
needs, and does not impose penalties or restrictions on adult home oper-
ators making good faith efforts during the transition of such residents;
(f) comports with the state goal of providing persons with serious
mental illness with care in the most integrated setting appropriate to
their needs by permitting discharges from inpatient psychiatric centers
or facilities, that are subject to the provisions of article 28 of the
public health law, with in-patient psychiatric services to adult homes,
where no less-restrictive and appropriate housing alternative is avail-
able;
(g) is subsequent to the award of assisted living program beds pursu-
ant to paragraph (j) of subdivision 3 of section 461-1 of the social
services law; and
(h) applies only to transitional adult homes.
S 86. Within thirty days of the effective date of this act, the
commissioner of health and the commissioner of mental health, shall
jointly convene a workgroup to address the transition of persons with
serious mental illness into the most integrated setting appropriate to
their needs. The workgroup shall be co-chaired by such commissioners,
and shall include: a representative sample of adult home operators,
including operators of assisted living program beds; representatives of
associations of adult home operators; members of adult home resident
councils; advocacy organizations working on behalf of adult home resi-
dents; individuals with mental illness; providers of alternative housing
accommodations and other support services; and institutions that make
referrals to adult homes, including hospitals and local governmental
units.
(a) The workgroup shall provide recommendations for legislative and
regulatory actions, which shall address the following:
(1) the need to promote and respect informed choice by individuals
with serious mental illness, through means including the performance of
independent assessments and the provision of objective information;
(2) the appropriate scope of regulations, including the propriety of
definition of "transitional adult home";
(3) a reasonable time period for compliance with regulations, which
shall take into account the need to discharge inpatients into less-res-
trictive settings, and the availability of alternative housing accommo-
dations and other support services. Alternative housing shall include,
but not be limited to, supported housing, supportive housing, community
residences, enriched housing and other housing alternatives that may be
appropriate for impacted residents;
S. 6358--C 43
(4) an examination of possible costs related to transitioning resi-
dents of impacted adult homes, as well as strategies by which such costs
may be mitigated;
(5) the ability of an impacted adult home to provide appropriate
accommodations and services for its residents;
(6) the development of long-term quality improvement for all adult
home residents; and
(7) the financial impact of regulations on adult homes, and other
licensure options or models of care to which transitional adult homes
may transition.
(b) The workgroup shall submit a report of its findings and recommen-
dations to the governor, the temporary president of the senate, the
speaker of the assembly, and the chairs of the senate and assembly
health committees no later than October 1, 2014.
S 87. Notwithstanding any provision of law, rule or regulation to the
contrary, no state agency shall undertake any administrative action
designed to limit or reduce the mental health census of an adult home
authorized to operate 55 percent or more of its total licensed capacity
of beds as assisted living program beds, pursuant to section 461-l of
the social services law, until 120 days after submission of the work-
group report pursuant to section four of this act.
S 88. The commissioner of health shall permit a transitional adult
home to request to amend a previously submitted or approved compliance
plan by December 1, 2014, to reflect recommendations made by the work-
group. Such request shall be granted if, in the discretion of such
commissioner, the compliance plan, as amended, would constitute an
approvable plan and the amendment would not cause an undue and substan-
tial delay in progress.
S 89. 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) 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 January 1, 2015;
(b) sections twelve, thirteen, and fourteen of this act shall expire
and be deemed repealed April 1, 2019;
(c) section eight of this act shall expire and be deemed repealed
March 31, 2021;
(d) 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; and
(e) Sections thirty-nine, forty and forty-one of this act shall take
effect the first of January next succeeding the date on which it shall
have become a law and effective immediately, the department of health is
authorized and directed to promulgate, amend and/or repeal, on an emer-
gency basis, any rules and regulations necessary to implement the
provisions of this act; and
(f) Sections forty-two, forty-three, forty-four and forty-five of this
act shall take effect on the sixtieth day after it shall have become a
law, and (a) shall apply to any claim for payment by a provider for
services under title 2-A of article 25 of the public health law that has
not been fully paid pursuant to such title on or after such effective
date, whether filed before or after the effective date of this act and
(b) effective immediately, the commissioner of health is authorized and
directed to promulgate regulations and take all actions necessary and
S. 6358--C 44
appropriate to implement the provisions of this act on its effective
date.
(g) Sections fifty-nine through seventy-six of this act shall take
effect on the ninetieth day after it shall have become a law.
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;
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
S. 6358--C 45
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.]
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.
S. 6358--C 46
(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
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-
S. 6358--C 47
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.
(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
S. 6358--C 48
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;
(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
S. 6358--C 49
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 THE
PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN, THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND FIFTEEN, UP TO FOUR HUNDRED SEVENTY-FOUR MILLION FOUR
HUNDRED EIGHTY-SIX THOUSAND DOLLARS;
(XVIII) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE
PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN, THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SIXTEEN, UP TO FOUR HUNDRED SEVENTY-FOUR MILLION FOUR
HUNDRED EIGHTY-SIX THOUSAND DOLLARS; AND
(XVIX) FROM THE HEALTH CARE REFORM ACT (HCRA) RESOURCES FUND FOR THE
PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN, THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SEVENTEEN, UP TO FOUR HUNDRED SEVENTY-FOUR MILLION FOUR
HUNDRED EIGHTY-SIX THOUSAND DOLLARS.
(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:
(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
S. 6358--C 50
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
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-
S. 6358--C 51
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
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
S. 6358--C 52
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] UP TO NINETEEN MILLION SIX HUNDRED FIFTY-NINE
THOUSAND SEVEN HUNDRED DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND
FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, UP TO NINE-
TEEN MILLION SIX HUNDRED FIFTY-NINE THOUSAND SEVEN HUNDRED DOLLARS FOR
THE PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND SIXTEEN, AND UP TO NINETEEN MILLION SIX HUNDRED FIFTY-NINE
THOUSAND SEVEN HUNDRED DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SIXTEEN 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-
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 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
S. 6358--C 53
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 ANNUALLY FOR THE PERIOD APRIL FIRST, TWO THOU-
SAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN. Upon
any distribution of such funds, the commissioner shall immediately noti-
fy the chair and ranking minority member of the senate finance commit-
tee, 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
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 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
S. 6358--C 54
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
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
S. 6358--C 55
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
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
S. 6358--C 56
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
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
S. 6358--C 57
(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
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 FOR EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND SEVENTEEN, UP TO SIXTEEN MILLION TWO HUNDRED THOUSAND DOLLARS.
(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:
S. 6358--C 58
(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;
(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-
S. 6358--C 59
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;
(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-ONE MILLION
FIFTY THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
S. 6358--C 60
FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
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-
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
S. 6358--C 61
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:
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
S. 6358--C 62
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-
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.
(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
S. 6358--C 63
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;
(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,
S. 6358--C 64
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:
(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
S. 6358--C 65
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;
(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
S. 6358--C 66
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;
(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;
S. 6358--C 67
(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
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
S. 6358--C 68
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 THIRTY-THREE MILLION ONE HUNDRED FORTY-FOUR THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
(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;
S. 6358--C 69
(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;
(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;
S. 6358--C 70
(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;
(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:
S. 6358--C 71
(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;
(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[.];
(XVI) ONE HUNDRED FOURTEEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND FIFTEEN;
(XVII) ONE HUNDRED FOURTEEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND FIFTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND SIXTEEN; AND
(XVIII) ONE HUNDRED FOURTEEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS FOR THE PERIOD APRIL FIRST, TWO THOUSAND SIXTEEN 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:
S. 6358--C 72
(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]
(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) 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;
S. 6358--C 73
(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;
(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 TWO HUNDRED EIGHTY-EIGHT 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;
S. 6358--C 74
(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.
(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.
S. 6358--C 75
(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
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-
S. 6358--C 76
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]
(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;
S. 6358--C 77
(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
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
S. 6358--C 78
(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.
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;
S. 6358--C 79
(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;
(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
S. 6358--C 80
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;
(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;
S. 6358--C 81
(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-
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;
S. 6358--C 82
(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.
(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;
S. 6358--C 83
(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;
(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
S. 6358--C 84
(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;
(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;
S. 6358--C 85
(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;
(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
S. 6358--C 86
(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;
(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 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
S. 6358--C 87
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;
(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;
S. 6358--C 88
(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;
(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-
S. 6358--C 89
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;
(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) ONE HUNDRED FIFTY-FIVE MILLION TWO HUNDRED NINETY-SEVEN THOUSAND
FIVE HUNDRED DOLLARS 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:
S. 6358--C 90
(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;
(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;
S. 6358--C 91
(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:
(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
S. 6358--C 92
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;
(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;
S. 6358--C 93
(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
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
S. 6358--C 94
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
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.
S. 6358--C 95
(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
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
S. 6358--C 96
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.
(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,
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 SIX HUNDRED
FORTY-FOUR THOUSAND DOLLARS 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
S. 6358--C 97
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;
(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.
(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
S. 6358--C 98
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.
(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
S. 6358--C 99
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
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
S. 6358--C 100
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 TWELVE
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
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
S. 6358--C 101
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
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-
S. 6358--C 102
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:
(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 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 subdi-
vision two of this section and shall be available for distributions to
S. 6358--C 103
sponsoring institutions to be directed to support clinical training of
medical students and residents in free-standing ambulatory care
settings, including community health centers and private practices. 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 sponsoring
institutions in each region pursuant to a request for application or
request for proposal process with preference being given to sponsoring
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
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
S. 6358--C 104
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
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
S. 6358--C 105
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-
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 TWO MILLION
SEVENTY-SEVEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND FOURTEEN THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND 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 commu-
nity-based training of medical students. In addition, one million
dollars annually for the period January first, two thousand eight
through December thirty-first, two thousand ten, two hundred fifty thou-
sand dollars for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, and eight hundred eighty thou-
sand dollars each state fiscal year for the period April first, two
S. 6358--C 106
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:
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;
S. 6358--C 107
(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
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,
PROVIDED, HOWEVER, THAT SUCH SUSPENSION SHALL BE LIFTED UPON A DETERMI-
NATION BY THE COMMISSIONER, IN CONSULTATION WITH THE DIRECTOR OF THE
BUDGET, THAT TEN MILLION DOLLARS IN AGGREGATE COLLECTIONS ON AN ANNUAL
BASIS OVER AND ABOVE ONE BILLION FORTY-FIVE MILLION DOLLARS ON AN ANNUAL
BASIS HAVE BEEN RESERVED AND SET ASIDE FOR DEPOSIT IN THE HCRA RESOURCES
FUND FOR THE PURPOSE OF FUNDING THE ALL PAYER CLAIMS DATABASE. ANY
AMOUNTS COLLECTED IN THE AGGREGATE AT OR BELOW ONE BILLION FORTY-FIVE
MILLION DOLLARS ON AN ANNUAL BASIS, SHALL BE SUBJECT TO REGIONAL ADJUST-
MENTS RECONCILING ANY DECREASES OR INCREASES TO THE REGIONAL ALLOCATION
IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION.
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
S. 6358--C 108
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
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
S. 6358--C 109
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
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
S. 6358--C 110
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,
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
S. 6358--C 111
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,
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
S. 6358--C 112
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
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
S. 6358--C 113
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,
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,
S. 6358--C 114
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
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. 6358--C 115
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
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
S. 6358--C 116
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) 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
S. 6358--C 117
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.
For the coverage period beginning the first of July, two thousand four-
teen, the superintendent of financial services and the commissioner of
health, or their designee, shall purchase up to one thousand policies
for excess coverage or equivalent excess coverage in addition to the
number of policies purchased for excess coverage or equivalent excess
coverage for the coverage period ending the thirtieth of June, two thou-
sand fourteen. A general hospital may certify additional eligible
physicians or dentists in a number equal to such general hospital's
proportional 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 thirti-
eth of June, two thousand fourteen, as applied to the greater of one
thousand or 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 thou-
sand fourteen.
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:
S. 6358--C 118
(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 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;
(d) 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;
(e) 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
(f) 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.
PART C
Section 1. Intentionally omitted.
S 2. Subdivision 25-a of section 364-j of the social services law, as
added by section 13 of part A of chapter 56 of the laws of 2013, is
amended to read as follows:
25-a. [Effective] NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
RY, EFFECTIVE July first, two thousand thirteen, [notwithstanding any
provision of law to the contrary,] managed care providers shall cover
medically necessary prescription drugs in [the anti-depressant, anti-re-
troviral, anti-rejection, seizure, epilepsy, endocrine, hematologic and
immunologic therapeutic classes,] ALL DRUG CLASSES, including non-formu-
lary drugs, upon demonstration by the prescriber, after consulting with
the managed care provider, that such drugs, in the prescriber's reason-
able professional judgment, are medically necessary and warranted.
S 3. Intentionally omitted.
S 4. Paragraph (c) of subdivision 5 of section 272 of the public
health law, as amended by section 16 of part A of chapter 56 of the laws
of 2013, is amended and a new paragraph (e) is added to read as follows:
(c) The board shall [from time to time] review ON AN ANNUAL BASIS all
therapeutic classes included in the preferred drug program, and may
recommend that the commissioner add or delete drugs or classes of drugs
to or from the preferred drug program, subject to this subdivision.
(E) THE BOARD SHALL MEET MONTHLY, UNLESS THERE ARE NO DRUGS PENDING
CONSIDERATION OR REVIEW BY THE BOARD FOR THE PREFERRED DRUG PROGRAM,
SUBJECT TO THIS SUBDIVISION.
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
S. 6358--C 119
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 TEN 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-1) of subdivision four of section three hundred sixty-five-a of this
title shall be one dollar.
S 10. (a) Notwithstanding any inconsistent provision of law to the
contrary, funds shall be made available to the commissioner of the
office of mental health or 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, to implement allocation plans developed by
such commissioners, in consultation with the local governmental units,
as defined in section 41.03 of the mental hygiene law, of the areas
impacted by reductions of inpatient behavioral health services, and
which shall describe mental health or substance use disorder services
that are designed to meet service needs resulting from such reductions
of inpatient behavioral health services provided under the Medicaid
S. 6358--C 120
program by programs licensed pursuant to article 31 or 32 of the mental
hygiene law. Such programs may include programs that are licensed pursu-
ant to both article 31 of the mental hygiene law and article 28 of the
public health law, or certified under both article 32 of the mental
hygiene law and article 28 of the public health law.
(b) No less than thirty days prior to implementation, such allocation
plans shall be published on the websites of the office of mental health,
the office of alcoholism and substance abuse services, and the depart-
ment of health; and notice of such publication shall be provided to the
chair of the senate finance committee, the chair of the assembly ways
and means committee, the chair of the senate standing committee on
health, the chair of the assembly health committee, the chair of the
senate standing committee on mental health and developmental disabili-
ties, the chair of the assembly mental health committee, the chair of
the senate standing committee on alcoholism and drug abuse, and the
chair of the assembly alcoholism and drug abuse committee.
(c) The commissioner of health shall provide an annual written report
to the chair of the senate finance committee, the chair of the assembly
ways and means committee, the chair of the senate standing committee on
health, the chair of the assembly health committee, the chair of the
senate standing committee on mental health and developmental disabili-
ties, the chair of the assembly mental health committee, the chair of
the senate standing committee on alcoholism and drug abuse, and the
chair of the assembly alcoholism and drug abuse committee no later than
January first of each year. Such report shall include, but not be limit-
ed to, details regarding the implementation of allocation plans, recom-
mendations regarding future allocation of plans, and any other informa-
tion deemed necessary and appropriate.
S 11. Section 365-m of the social services law is amended by adding a
new subdivision 5 to read as follows:
5. (A) THE DEPARTMENT OF HEALTH IS AUTHORIZED TO REINVEST FUNDS ALLO-
CATED FOR BEHAVIORAL HEALTH SERVICES, WHICH ARE GENERAL FUND SAVINGS
DIRECTLY RELATED TO SAVINGS REALIZED THROUGH THE TRANSITION OF POPU-
LATIONS 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 BEHAVIORAL 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 SAVINGS SHALL BE DEVELOPED BY THE COMMISSIONER OF
HEALTH AND THE DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE COMMIS-
SIONER OF THE OFFICE OF MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. IN NO EVENT SHALL THE FULL
ANNUAL VALUE OF THE COMMUNITY BASED BEHAVIORAL HEALTH SERVICES REINVEST-
MENT PROGRAM SAVINGS ATTRIBUTABLE TO THE TRANSITION TO MANAGED CARE
EXCEED THE TWELVE MONTH VALUE OF THE DEPARTMENT OF HEALTH GENERAL FUND
REDUCTIONS RESULTING FROM SUCH TRANSITION. WITHIN ANY FISCAL YEAR WHERE
APPROPRIATION INCREASES ARE RECOMMENDED FOR THE COMMUNITY BASED BEHAV-
IORAL HEALTH SERVICES REINVESTMENT 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 REGU-
LATIONS TO EFFECTUATE THIS SUBDIVISION.
S. 6358--C 121
(B) NO LESS THAN THIRTY DAYS PRIOR TO THE REINVESTMENT OF FUNDS ALLO-
CATED FOR BEHAVIORAL HEALTH SERVICES, THE COMMISSIONER OF HEALTH SHALL
PROVIDE A PLAN FOR REINVESTMENT TO THE CHAIR OF THE SENATE FINANCE
COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR
OF THE SENATE STANDING COMMITTEE ON HEALTH, THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON MENTAL
HEALTH AND DEVELOPMENTAL DISABILITIES, THE CHAIR OF THE ASSEMBLY MENTAL
HEALTH COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON ALCOHOL-
ISM AND DRUG ABUSE, AND THE CHAIR OF THE ASSEMBLY ALCOHOLISM AND DRUG
ABUSE COMMITTEE. SUCH PLAN SHALL INCLUDE THE AMOUNT OF FUNDING TO BE
ALLOCATED, BROKEN DOWN BY GEOGRAPHIC REGION, TYPES OF SERVICES, AND
DEMOGRAPHICS OF PERSONS LIKELY SERVED BY ENTITIES RECEIVING SUCH FUNDS.
(C) THE COMMISSIONER OF HEALTH SHALL PROVIDE AN ANNUAL WRITTEN REPORT
TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON
HEALTH, THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE CHAIR OF THE
SENATE STANDING COMMITTEE ON MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES, THE CHAIR OF THE ASSEMBLY MENTAL HEALTH COMMITTEE, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON ALCOHOLISM AND DRUG ABUSE, AND THE
CHAIR OF THE ASSEMBLY ALCOHOLISM AND DRUG ABUSE COMMITTEE NO LATER THAN
JANUARY FIRST OF EACH YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, DETAILED DESCRIPTIONS OF THE METHODOLOGIES USED TO CALCULATE
SAVINGS, THE RESULTS OF APPLYING SUCH METHODOLOGIES, ANY AMOUNT SPENT IN
THE PREVIOUS FISCAL YEAR, THE SUBJECT OR SUBJECTS OF SUCH EXPENDITURES,
A LIST OF POTENTIAL TARGETS FOR REINVESTMENT FOR THE UPCOMING STATE
FISCAL YEAR, AND ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE.
S 12. (a) Notwithstanding any law, rule, or regulation to the contra-
ry, the commissioner of the department of health, in consultation with
the commissioners of the office of mental health and the office of alco-
holism and substance abuse services, is authorized to establish a pilot
program to implement an evidence-based, collaborative care clinical
delivery model in clinics licensed under article 28 of the public health
law, for the purpose of improving the detection of depression and other
diagnosed mental or substance use disorders and the treatment of indi-
viduals with such conditions in an integrated manner. Such commissioners
shall be authorized to develop criteria for the designation of clinics
to be providers of collaborative care services. At a minimum, such
designated clinics shall provide screening and assessment for depression
and substance use disorders, medical diagnosis of patients who screen
positive, evidence-based depression care and substance use disorder
referrals, ongoing tracking of patient progress, care management, and
designated psychiatric and substance use disorder practitioners who
consult with the care manager and primary care physician. The rates of
payment and billing rules for this service will be developed by the
commissioner of the department of health, in consultation with the
commissioners of the office of mental health and the office of alcohol-
ism and substance abuse services, and with the approval of the director
of the budget.
(b) The commissioner of health shall provide an annual written report
to the chair of the senate finance committee, the chair of the assembly
ways and means committee, the chair of the senate standing committee on
health, the chair of the assembly health committee, the chair of the
senate standing committee on mental health and developmental disabili-
ties, the chair of the assembly mental health committee, the chair of
the senate standing committee on alcoholism and substance abuse, and the
chair of the assembly alcoholism and substance abuse committee no later
S. 6358--C 122
than January first of each year. Such report shall include, but not be
limited to, a list and description of each such clinic planned or estab-
lished, a detailed overview of criteria developed and regulations
proposed and enacted pursuant to this section, a description of the
demographic characteristics of populations served by such collaborative
care clinics, an account of future plans regarding collaborative care
clinics, and any other information deemed necessary and appropriate.
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. (A) Notwithstanding any contrary provision of law, the
[commissioner] 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 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 chemical dependence outpatient and opioid treatment
clinics] PROVIDERS licensed pursuant to article 28 of the public health
law or article 31 OR 32 of the mental hygiene law for [chemical depend-
ency] AMBULATORY BEHAVIORAL HEALTH services, as determined by the
commissioner of health, in consultation with the commissioner of alco-
holism 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 ambu-
latory 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 available pursuant to this section. THE INCREASE
OF SUCH AMBULATORY BEHAVIORAL 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 EFFECTIVE 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 METHODS 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
S. 6358--C 123
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.
(B) THE COMMISSIONER OF HEALTH SHALL PROVIDE AN ANNUAL WRITTEN REPORT
TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON
HEALTH, THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE CHAIR OF THE
SENATE STANDING COMMITTEE ON MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES, THE CHAIR OF THE ASSEMBLY MENTAL HEALTH COMMITTEE, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON ALCOHOLISM AND SUBSTANCE ABUSE, AND THE
CHAIR OF THE ASSEMBLY ALCOHOLISM AND SUBSTANCE ABUSE COMMITTEE NO LATER
THAN JANUARY FIRST OF EACH YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE AMOUNT OF FUNDS TRANSFERRED BY THE COMMISSIONERS OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND OFFICE OF MENTAL
HEALTH AND RESULTANT IMPACT ON REIMBURSEMENTS FOR AMBULATORY BEHAVIORAL
HEALTH SERVICES, AN ACCOUNTING OF REIMBURSEMENT RATES FOR SPECIFIC AMBU-
LATORY BEHAVIORAL HEALTH SERVICES AT THE TIME THIS SECTION BECAME EFFEC-
TIVE COMPARED TO SUCH RATES AT THE TIME SUCH REPORTS ARE WRITTEN, A
DESCRIPTION OF AMBULATORY BEHAVIORAL HEALTH SERVICE UTILIZATION BY
REGION, A DESCRIPTION OF ANY ALTERNATIVE RATES APPROVED PURSUANT TO THIS
SECTION, AND ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE.
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. (A) 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
S. 6358--C 124
commissioner of health in consultation with the [commissioner] COMMIS-
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[,
including emergency regulations,] as are necessary to implement the
provisions of this section.
(B) THE COMMISSIONER OF HEALTH SHALL PROVIDE AN ANNUAL WRITTEN REPORT
TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON
HEALTH, THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE CHAIR OF THE
SENATE STANDING COMMITTEE ON MENTAL HEALTH AND DEVELOPMENTAL DISABILI-
TIES, THE CHAIR OF THE ASSEMBLY MENTAL HEALTH COMMITTEE, THE CHAIR OF
THE SENATE STANDING COMMITTEE ON ALCOHOLISM AND SUBSTANCE ABUSE, AND THE
CHAIR OF THE ASSEMBLY ALCOHOLISM AND SUBSTANCE ABUSE COMMITTEE NO LATER
THAN JANUARY FIRST OF EACH YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE AMOUNT OF FUNDS TRANSFERRED BY THE COMMISSIONERS OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND OFFICE OF MENTAL
HEALTH AND RESULTANT IMPACT ON REIMBURSEMENTS FOR AMBULATORY BEHAVIORAL
HEALTH SERVICES, AN ACCOUNTING OF REIMBURSEMENT RATES FOR SPECIFIC AMBU-
LATORY BEHAVIORAL HEALTH SERVICES AT THE TIME THIS SECTION BECAME EFFEC-
TIVE COMPARED TO SUCH RATES AT THE TIME SUCH REPORTS ARE WRITTEN, A
DESCRIPTION OF AMBULATORY BEHAVIORAL HEALTH SERVICE UTILIZATION BY
REGION, A DESCRIPTION OF ANY ALTERNATIVE RATES APPROVED PURSUANT TO THIS
SECTION, AND ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRIATE.
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 17. (a) Notwithstanding sections 112 and 163 of the state finance
law and any other 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
S. 6358--C 125
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.
(b) No less than 30 days prior to the distribution of funds, the
commissioner of health shall provide such plan to the chair of the
senate finance committee, the chair of the assembly ways and means
committee, the chair of the senate standing committee on health, the
chair of the assembly health committee, the chair of the senate standing
committee on mental health and developmental disabilities, the chair of
the assembly mental health committee, the chair of the senate standing
committee on alcoholism and drug abuse, and the chair of the assembly
alcoholism and drug abuse committee. Such plan shall include the amount
of funding to be provided to recipients, the proposed uses for such
funds, and any other information deemed necessary and appropriate.
S 17-a. Section 45-c of part A of chapter 56 of the laws of 2013
amending the public health law and other laws relating to the transition
of behavioral health services, is amended to read as follows:
S 45-c. (A) The commissioner of health in consultation with the
commissioners of the office of mental health and the office of alcohol-
ism and substance abuse SERVICES shall prepare a report on the transi-
tion of behavioral health services as a managed care benefit in the
medical assistance program IN THE ADULT POPULATION AGED TWENTY-ONE AND
OLDER. 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 commission-
ers to ensure the adequacy of rates, continuity 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 presi-
dent of the senate, the speaker of the assembly, the minority leader of
the senate, and the minority leader of the assembly.
(B) 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 PREPARE A REPORT ON THE TRANSITION OF
S. 6358--C 126
BEHAVIORAL HEALTH SERVICES AS A MANAGED CARE BENEFIT IN THE MEDICAL
ASSISTANCE PROGRAM IN THE ADULT POPULATION AGED TWENTY-ONE AND OLDER AND
IN THE CHILD POPULATION AGED TWENTY YEARS OF AGE AND YOUNGER. 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 COMMISSION-
ERS TO ENSURE THE ADEQUACY OF RATES, CONTINUITY 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
JANUARY FIRST, TWO THOUSAND SEVENTEEN TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER OF THE SENATE, AND THE MINORITY LEADER OF THE ASSEMBLY.
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. Intentionally omitted.
S 21. Intentionally omitted.
S 22. Intentionally omitted.
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 NO LESS THAN THE RATES OF PAYMENT THAT WOULD BE PAID FOR SUCH
PATIENTS UNDER THE MEDICAL ASSISTANCE PROGRAM AS DETERMINED PURSUANT TO
THIS SECTION AND SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED SEVEN-D
OF THIS ARTICLE AND AS IN EFFECT 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 OR TIME-LIMITED
POST ACUTE CARE SERVICES, TO BE FOLLOWED BY DISCHARGE FROM THE FACILITY,
DURING THE PERIOD SUCH TIME-LIMITED SERVICES ARE PROVIDED.
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:
S. 6358--C 127
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;
(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.
(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.
(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
S. 6358--C 128
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. Intentionally omitted.
S 27. Subdivisions 9 and 10 of section 3614 of the public health law
are REPEALED and subdivisions 11, 12 and 13 are renumbered subdivisions
9, 10 and 11.
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. Subdivision 1 of section 6908 of the education law is amended
by adding a new paragraph i to read as follows:
I. PURSUANT TO FEDERAL FINANCIAL PARTICIPATION AND THE APPROVAL OF
APPROPRIATE AMENDMENTS TO THE STATE PLAN FOR MEDICAL ASSISTANCE, AS
AUTHORIZED PURSUANT TO PARAGRAPH (BB) OF SUBDIVISION TWO OF SECTION
THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW, AS PROHIBITING
THE PRACTICE OF NURSING IN THIS STATE BY AN ADVANCED HOME HEALTH AIDE,
WITH RESPECT TO SERVICES SPECIFIED IN A MEMORANDUM OF UNDERSTANDING
BETWEEN THE COMMISSIONER AND THE COMMISSIONER OF HEALTH AND RENDERED IN
ACCORDANCE WITH SUCH STATE PLAN AMENDMENT WHICH SHALL, AT A MINIMUM: (I)
S. 6358--C 129
SPECIFY THE SERVICES THAT MAY BE PROVIDED BY ADVANCED HOME HEALTH AIDES
CERTIFIED PURSUANT TO THIS PARAGRAPH, WHICH SHALL BE LIMITED TO THOSE
FOR WHICH REMUNERATION IS PROVIDED PURSUANT TO PARAGRAPH (BB) OF SECTION
THREE HUNDRED SIXTY-FIVE-A OF THE SOCIAL SERVICES LAW; (II) PROVIDE THAT
SUCH ADVANCED HOME HEALTH AIDES MAY PROVIDE SERVICES ONLY AS ASSIGNED BY
AND PERFORMED UNDER THE SUPERVISION OF A REGISTERED PROFESSIONAL NURSE
LICENSED IN NEW YORK STATE AND EMPLOYED BY A HOME CARE SERVICES AGENCY
LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THE PUBLIC
HEALTH LAW; (III) PROVIDE THAT SUCH SERVICES MAY BE PROVIDED ONLY IN
ACCORDANCE WITH, AND PURSUANT TO, AN AUTHORIZED PRACTITIONER'S ORDERED
CARE; (IV) PROVIDE THAT ONLY A HOME HEALTH AIDE WHO HAS AT LEAST ONE
YEAR OF CONTINUOUS EXPERIENCE AS A CERTIFIED HOME HEALTH AIDE AND MEETS
OTHER APPROPRIATE QUALIFICATIONS MAY BE CERTIFIED AS AN ADVANCED HOME
HEALTH AIDE; (V) ESTABLISH MINIMUM STANDARDS OF TRAINING FOR ADVANCED
HOME HEALTH AIDES, INCLUDING (A) DIDACTIC TRAINING, (B) CLINICAL TRAIN-
ING, (C) A SUPERVISED CLINICAL PRACTICUM WITH STANDARDS SET FORTH PURSU-
ANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COMMISSIONER AND THE
COMMISSIONER OF HEALTH, AND (D) CASE-SPECIFIC TRAINING ON THE NURSING
TASKS TO BE ASSIGNED BY THE SUPERVISING NURSE WITH THE INDIVIDUAL FOR
WHOM SERVICES WILL BE ASSIGNED, PROVIDED THAT ADDITIONAL TRAINING SHALL
TAKE PLACE WHENEVER ADDITIONAL TASKS, ARE ASSIGNED; (VI) PROVIDE THAT
ONLY AN INDIVIDUAL WHO HAS SUCCESSFULLY COMPLETED A COMPETENCY EXAMINA-
TION SATISFACTORY TO THE COMMISSIONER MAY BE CERTIFIED AS AN ADVANCED
HOME HEALTH AIDE UNDER THIS SUBPARAGRAPH; (VII) PROHIBIT SUCH ADVANCED
HOME HEALTH AIDE FROM HOLDING HIMSELF OR HERSELF OUT, OR ACCEPT EMPLOY-
MENT AS, A PERSON LICENSED TO PRACTICE NURSING UNDER THE PROVISIONS OF
THIS ARTICLE; AND (VIII) PROVIDE THAT THE INDIVIDUAL SUPERVISING REGIS-
TERED PROFESSIONAL NURSE SHALL RETAIN THE DISCRETION TO DECIDE WHETHER
TO ASSIGN SUCH TASKS TO SUCH ADVANCED HOME HEALTH AIDES. SUCH MEMORANDUM
OF UNDERSTANDING SHALL BE CONSISTENT WITH THE REQUIREMENTS OF THE HOME
AND COMMUNITY-BASED ATTENDANT SERVICES AND SUPPORTS STATE PLAN OPTION
(COMMUNITY FIRST CHOICE) PURSUANT TO 42 U.S.C. S 1396N(K), AND SHALL
CONSULT WITH A WORKGROUP OF STAKEHOLDERS CONVENED BY THE COMMISSIONER
AND THE COMMISSIONER OF HEALTH FOR THE PURPOSE OF PROVIDING INPUT AND
RECOMMENDATIONS ON THE IMPLEMENTATION OF SUCH PROVISIONS.
S 27-f. Subdivisions 6 and 7 of section 3612 of the public health law,
subdivision 7 as renumbered by chapter 606 of the laws of 2003, are
renumbered subdivisions 7 and 8 and a new subdivision 6 is added to read
as follows:
6. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL CONVENE A WORKGROUP OF STAKEHOLDERS FOR THE PURPOSE OF
PROVIDING GUIDANCE TO THE COMMISSIONER OF EDUCATION ON THE CERTIFICATION
OF ADVANCED HOME HEALTH AIDES PURSUANT TO PARAGRAPH I OF SUBDIVISION ONE
OF SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW. THE MEMBERS OF
SUCH WORKGROUP SHALL INCLUDE INDIVIDUALS FROM ACADEMIC INSTITUTIONS WITH
RELEVANT EXPERTISE, REPRESENTATIVES OF HOME CARE, THE CONSUMER DIRECTED
PERSONAL ASSISTANCE PROGRAM, NURSES, REPRESENTATIVES OF INDIVIDUALS WHO
MAY BE ELIGIBLE TO RECEIVE SERVICES PROVIDED BY SUCH ADVANCED HOME
HEALTH AIDES PURSUANT TO SUCH STATUTE, AND OTHER RELEVANT STAKEHOLDERS.
S 27-g. Paragraph (b) of subdivision 1 of section 4403-g of the public
health law, as added by section 73 of part A of chapter 56 of the laws
of 2013, is amended and a new subdivision 16 is added to read as
follows:
(b) "Eligible applicant" means an entity THAT EITHER:
S. 6358--C 130
(I) IS controlled by one or more non-profit organizations which have a
history of providing or coordinating health and long term care services
to persons with developmental disabilities[.], OR
(II) HAS RECEIVED A CERTIFICATE OF AUTHORITY PURSUANT TO SECTION
FORTY-FOUR HUNDRED THREE OR FORTY-FOUR HUNDRED THREE-F OF THIS ARTICLE,
PROVIDED THAT:
(1) THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES DETERMINE THAT AN INSUFFICIENT NUMBER OF
SUCH NON-PROFIT ORGANIZATIONS HAVE APPLIED FOR AND RECEIVED A DISCO
CERTIFICATE OF AUTHORITY IN ANY SPECIFIC GEOGRAPHIC AREA;
(2) SUCH ENTITY HAS THE ABILITY TO PROVIDE OR COORDINATE SERVICES FOR
PERSONS WITH DEVELOPMENTAL DISABILITIES, AS DEMONSTRATED BY CRITERIA TO
BE DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES. SUCH CRITERIA SHALL INCLUDE, BUT
NOT BE LIMITED TO, ADEQUATE EXPERIENCE PROVIDING OR COORDINATING
SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES; AND
(3) IF THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES DETERMINE THAT SUCH ORGANIZATION LACKS
THE EXPERIENCE REQUIRED, THE ORGANIZATION SHALL HAVE AN AFFILIATION
ARRANGEMENT WITH AN ENTITY OR ENTITIES WITH EXPERIENCE SERVING PERSONS
WITH DEVELOPMENTAL DISABILITIES SUCH THAT THE AFFILIATED ENTITY WILL
COORDINATE AND PLAN SERVICES OPERATED, CERTIFIED, FUNDED, AUTHORIZED OR
APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES OR
WILL OVERSEE AND APPROVE SUCH COORDINATION AND PLANNING.
16. IMPLEMENTATION. SUBJECT TO THE PROVISIONS OF THIS SECTION, CERTIF-
ICATES OF AUTHORITY SHALL BE APPROVED AS CONCURRENTLY AS PRACTICABLE FOR
ELIGIBLE AND QUALIFIED ENTITIES IN ANY REGION OF THE STATE AND SHALL NOT
BE LIMITED TO ANY PARTICULAR GEOGRAPHIC AREAS.
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.
S 29. Intentionally omitted.
S 30. Intentionally omitted.
S 31. Intentionally omitted.
S 32. Intentionally omitted.
S 33. Intentionally omitted.
S 33-a. Subdivision 5 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 expendi-
tures, as amended by section 3 of part A of chapter 56 of the laws of
2013, is amended to read as follows:
5. The [department of health] COMMISSIONER OF HEALTH, IN CONSULTATION
WITH THE DIRECTOR OF BUDGET, shall prepare a monthly report that sets
forth:
(a) known and projected department of health medicaid expenditures as
described in subdivision one of this section, and factors that could
result in medicaid disbursements for the relevant state fiscal year to
exceed the projected department of health state funds disbursements in
S. 6358--C 131
the enacted budget financial plan pursuant to subdivision 3 of section
23 of the state finance law, including spending increases or decreases
due to: enrollment fluctuations, rate changes, utilization changes, MRT
investments, and shift of beneficiaries to managed care; and variations
in offline medicaid payments; [and]
(b) the actions taken to implement any medicaid savings allocation
plan implemented pursuant to subdivision four of this section, including
information concerning the impact of such actions on each category of
service and each geographic region of the state. [Each such monthly
report shall be provided to the chairs of the senate finance and the
assembly ways and means committees and shall be posted on the department
of health's website in a timely manner.];
(C) THE PRICE, TO INCLUDE THE BASE RATE PLUS ANY UPCOMING RATE ADJUST-
MENT; UTILIZATION, TO INCLUDE CURRENT ENROLLMENT, PROJECTED ENROLLMENT
CHANGES AND ACUITY; AND MEDICAID REDESIGN TEAM INITIATIVES, ONE-TIME
INITIATIVES AND OTHER INITIATIVES DESCRIBING THE PROPOSED BUDGET ACTION
IMPACT, ANY PRIOR YEAR INITIATIVE WITH CURRENT AND FUTURE YEAR IMPACTS
FOR THE FOLLOWING CATEGORIES OF SPENDING:
(I) INPATIENT;
(II) OUTPATIENT;
(III) EMERGENCY ROOM;
(IV) CLINIC;
(V) NURSING HOMES;
(VI) OTHER LONG TERM CARE;
(VII) MEDICAID MANAGED CARE;
(VIII) FAMILY HEALTH PLUS;
(IX) PHARMACY;
(X) TRANSPORTATION;
(XI) DENTAL;
(XII) NON-INSTITUTIONAL AND ALL OTHER CATEGORIES;
(XIII) AFFORDABLE HOUSING;
(XIV) VITAL ACCESS PROVIDER SERVICES;
(XV) BEHAVIORAL HEALTH VITAL ACCESS PROVIDER SERVICES;
(XVI) HEALTH HOME ESTABLISHMENT GRANTS;
(XVII) GRANTS FOR FACILITATING TRANSITION OF BEHAVIORAL HEALTH
SERVICES TO MANAGED CARE;
(XVIII) FINGER LAKES HEALTH SERVICES AGENCY; AND
(D) WHERE PRICE AND UTILIZATION ARE NOT APPLICABLE, DETAIL SHALL BE
PROVIDED ON SPENDING, TO INCLUDE BUT NOT BE LIMITED TO:
(I) DEMOGRAPHIC INFORMATION OF TARGETED RECIPIENTS;
(II) NUMBER OF RECIPIENTS;
(III) AWARD AMOUNTS;
(IV) TIMING OF AWARDS; AND
(V) THE IMPACT OF MEDICAID REDESIGN TEAM AND/OR ONE-TIME INITIATIVES.
INFORMATION REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION
SHALL BE PROVIDED TO THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
WAYS AND MEANS COMMITTEES, AND SHALL BE POSTED ON THE DEPARTMENT OF
HEALTH'S WEBSITE IN A TIMELY MANNER. BEGINNING ON APRIL 1, 2014, ADDI-
TIONAL INFORMATION REQUIRED BY PARAGRAPHS (C) AND (D) OF THIS SUBDIVI-
SION SHALL BE PROVIDED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR
OF THE SENATE STANDING COMMITTEE ON HEALTH, AND THE CHAIR OF THE ASSEM-
BLY COMMITTEE ON HEALTH.
S 34. Notwithstanding any contrary provision of law and subject to the
availability of federal financial participation, for state fiscal years
S. 6358--C 132
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 last quarter of such state fiscal year. In determining
such savings the commissioner of health, in consultation with the direc-
tor of the budget, may exempt the medical assistance administration
program from distributions under this section. The commissioner of
health, in consultation with the director of the budget, may distribute
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 and plans 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. Distributions to managed care plans shall be
based on the administrative outlays stemming from participation in the
Medicaid program. The commissioner of health may impose minimum thresh-
old amounts in determining provider eligibility for distributions pursu-
ant to this section. Seventy percent of the amount available for
distribution shall be made available for the purpose of assisting eligi-
ble providers utilizing the methodology outlined above in this section.
Thirty percent of the amount available for distributions pursuant to
this section shall be transferred to the Global Cap Reserve Fund. 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, to permit payment of such distributions as lump sums
and to secure waivers from otherwise applicable federal upper payment
limit restrictions on such payments.
S 34-a. The state finance law is amended by adding a new section 92-gg
to read as follows:
S 92-GG. GLOBAL CAP RESERVE FUND. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
COMPTROLLER AND THE DEPARTMENT OF HEALTH A FUND TO BE KNOWN AS THE
GLOBAL CAP RESERVE FUND. THE FUND IS ESTABLISHED TO PLACE IN RESERVE A
PERCENTAGE OF SAVINGS ACHIEVED PURSUANT TO A CHAPTER OF THE LAWS OF TWO
THOUSAND FOURTEEN WHICH ADDED THIS SECTION AND TO ENSURE THAT SUCH
SAVINGS ARE UTILIZED TO MAINTAIN MEDICAID GLOBAL FUND CAP RESTRICTIONS
OR PURSUANT TO OTHER PURPOSES ESTABLISHED BY SUBDIVISION THREE OF THIS
SECTION. SUCH FUND SHALL BE COMPOSED OF THIRTY PERCENT OF THE SAVINGS
FOR DISTRIBUTION DETERMINED PURSUANT TO THE CHAPTER OF THE LAWS OF TWO
THOUSAND FOURTEEN WHICH ADDED THIS SECTION. SUCH FUND SHALL BE ADMINIS-
TERED IN ACCORDANCE WITH THE FOLLOWING:
1. ON AND AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, SUCH FUND SHALL
CONSIST OF THE ANNUAL SAVINGS THAT HAVE BEEN ACHIEVED AS A RESULT OF THE
APPLICATION OF THE PROVISIONS OF SECTIONS NINETY-ONE AND NINETY-TWO OF
PART H OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN, AS
AMENDED, AND PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN
WHICH ADDED THIS SECTION.
2. MONEYS IN THE GLOBAL CAP RESERVE FUND SHALL BE KEPT SEPARATE FROM,
AND SHALL NOT BE COMMINGLED, WITH ANY OTHER MONEYS IN THE JOINT OR SOLE
CUSTODY OF THE COMPTROLLER AND THE DEPARTMENT OF HEALTH.
3. MONEYS OF THE FUND SHALL BE EXPENDED PURSUANT TO A MEMORANDUM OF
UNDERSTANDING ENTERED INTO BY THE COMMISSIONER OF HEALTH, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
S. 6358--C 133
4. THE MONEYS, FOLLOWING ALLOCATION, SHALL BE PAYABLE FROM THE FUND ON
THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTI-
FIED BY THE COMMISSIONER OF HEALTH.
S 35. Subdivision 9 of section 365-l of the social services law, as
added by section 6 of part A of chapter 56 of the laws of 2013, is
amended to read as follows:
9. [Any contract or contracts] CONTRACT NUMBER C027596, entered into
by the commissioner of health prior to January first, two thousand thir-
teen pursuant to subdivision eight of this section, may be amended or
modified without the need for a competitive bid or request for proposal
process, and without regard to the provisions of sections one hundred
twelve and one hundred sixty-three of the state finance law, section one
hundred forty-two of the economic development law, or any other
provision of law, ONLY to allow the purchase of additional personnel and
services, subject to available funding, [for the limited purpose of
assisting] ONLY TO THE EXTENT NECESSARY AND REQUIRED TO ENABLE the
department of health [with implementing] TO IMPLEMENT the Balancing
Incentive Program, the Fully Integrated Duals Advantage Program, the
Vital Access Provider Program, the Medicaid waiver amendment associated
with the public hospital transformation, the addition of behavioral
health services as a managed care plan benefit, THE DELIVERY SYSTEM
REFORM INCENTIVE PAYMENT PLAN, MEDICAID REDESIGN TEAM SUPPORTIVE HOUSING
INITIATIVES, ACTIVITIES TO FACILITATE THE TRANSITION OF VULNERABLE POPU-
LATIONS TO MANAGED CARE, AND OVERSIGHT, RATESETTING AND OTHER PROGRAM
OPERATIONS ACTIVITIES RELATED TO MANAGED CARE PLANS, and/or any work-
groups required to be established by the chapter of the laws of two
thousand thirteen that added this subdivision.
S 36. Intentionally omitted.
S 37. Intentionally omitted.
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 is REPEALED.
S 39. Subdivisions (a) and (b) of 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, are amended to read as follows:
(a) There is hereby established a special advisory review panel on
Medicaid managed care. The panel shall consist of [twelve] SIXTEEN
members who shall be appointed as follows: [four] SIX by the governor,
one of which shall serve as the chair; [three] FOUR each by the tempo-
rary 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 advisory panel established under section 13.40 of the mental
hygiene law. THE PANEL SHALL INCLUDE A CONSUMER REPRESENTATIVE FOR INDI-
VIDUALS WITH BEHAVIORAL HEALTH NEEDS, A CONSUMER REPRESENTATIVE FOR
INDIVIDUALS WHO ARE DUALLY ELIGIBLE FOR MEDICARE AND MEDICAID, A REPRE-
SENTATIVE OF ENTITIES THAT PROVIDE OR ARRANGE FOR THE PROVISION OF
SERVICES TO INDIVIDUALS WITH BEHAVIORAL HEALTH NEEDS, AND A REPRESEN-
TATIVE OF ENTITIES THAT PROVIDE OR ARRANGE FOR THE PROVISION OF SERVICES
TO INDIVIDUALS WHO ARE DUALLY ELIGIBLE FOR MEDICARE AND MEDICAID.
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.
(b) The panel shall:
S. 6358--C 134
(i) determine whether there is sufficient managed care provider
participation in the Medicaid managed care program;
(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 the phase-in schedule for enrollment, of managed care
providers under both the voluntary and mandatory programs;
(iv) assess the impact of managed care provider marketing and enroll-
ment strategies, and the public education campaign conducted in New York
city, on enrollees participation in Medicaid managed care plans;
(v) evaluate the adequacy of managed care provider capacity by review-
ing established capacity measurements and monitoring actual access to
plan practitioners;
(vi) examine the cost implications of populations excluded and
exempted from Medicaid managed care;
(vii) EVALUATE THE ADEQUACY AND APPROPRIATENESS OF PROGRAM MATERIALS;
(VIII) EXAMINE TRENDS IN SERVICE DENIALS;
(IX) ASSESS THE ACCESS TO CARE FOR PEOPLE WITH DISABILITIES;
(X) in accordance with the recommendations of the joint advisory coun-
cil 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 of subdivision four of
section forty-four hundred three 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 develop-
mental disabilities enrolled in managed care; and
[(viii)] (XI) examine other issues as it deems appropriate.
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
S. 6358--C 135
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]
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 42. Intentionally omitted.
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. (A) NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, AND 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 IMPLEMENTATION, JOINT GOVERNANCE TECHNICAL
S. 6358--C 136
ASSISTANCE, AND OTHER SUCH PURPOSES NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS SECTION. 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 THAT 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 TO EFFECTUATE THE
PROVISIONS OF THIS SUBDIVISION.
(B) THE COMMISSIONER OF HEALTH SHALL PROVIDE AN ANNUAL WRITTEN REPORT
TO THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF ASSEMBLY WAYS
AND MEANS COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON
HEALTH, AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE NO LATER THAN
JANUARY FIRST OF EACH YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, A DETAILED OVERVIEW OF CRITERIA DEVELOPED AND REGULATIONS
PROPOSED AND ENACTED PURSUANT TO THIS SECTION, A DESCRIPTION OF APPLICA-
TIONS RECEIVED, DETAILS OF AMOUNTS DISTRIBUTED AND PURPOSES THEREFORE,
AN ACCOUNT OF ANY MEASURABLE IMPACTS ON THE HEALTH HOME SYSTEM RESULTING
FROM SUCH ALLOCATIONS, DESCRIPTIONS OF AND RATIONALES FOR PRIORITIZED
APPLICATIONS, AND ANY OTHER INFORMATION DEEMED NECESSARY AND APPROPRI-
ATE.
S 44. The social services law is amended by adding a new section 398-b
to read as follows:
S 398-B. TRANSITION TO MANAGED CARE. 1. NOTWITHSTANDING SECTIONS ONE
HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND
ANY OTHER 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 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 OTHER ENTITIES, AND MAKING INVESTMENTS
IN HEALTH INFORMATION 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 MAY
TAKE INTO ACCOUNT SIZE AND SCOPE OF PROVIDER OPERATIONS AS A FACTOR
RELEVANT TO ELIGIBILITY FOR SUCH FUNDS. EACH RECIPIENT OF SUCH FUNDS
SHALL BE REQUIRED TO DOCUMENT AND DEMONSTRATE 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 USING 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.
3. THE COMMISSIONER OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE
CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF ASSEMBLY WAYS AND
MEANS COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH,
AND THE CHAIR OF THE ASSEMBLY DETAILED OVERVIEW COMMITTEE NO LATER THAN
MARCH FIRST, TWO THOUSAND FIFTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE
LIMITED TO, AN EXPLANATION OF THE FORMULA DEVELOPED BY THE COMMISSION-
S. 6358--C 137
ERS, AND ANY DETAILS REGARDING THE DISTRIBUTION OF FUNDS PURSUANT TO
SUCH FORMULA AND PURPOSES THEREFORE, AN ACCOUNT OF ANY MEASURABLE
IMPACTS ON MANAGED CARE RESULTING FROM SUCH ALLOCATIONS, INCLUDING A
BREAKDOWN BY REGION, AND ANY OTHER INFORMATION DEEMED NECESSARY AND
APPROPRIATE.
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. (A) THE COMMISSIONER MAY CONTRACT WITH ONE OR MORE ENTITIES 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 AUTHORI-
ZATIONS.
(B) NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE HUNDRED TWELVE AND
ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR SECTION ONE HUNDRED
FORTY-TWO OF THE ECONOMIC DEVELOPMENT LAW, OR ANY CONTRARY PROVISION OF
LAW, THE COMMISSIONER IS AUTHORIZED TO ENTER INTO A CONTRACT OR
CONTRACTS UNDER THIS PARAGRAPH WITHOUT A COMPETITIVE BID OR REQUEST FOR
PROPOSAL PROCESS, PROVIDED, HOWEVER, THAT:
(I) THE COMMISSIONER OF HEALTH SHALL PROVIDE THE CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY HEALTH
COMMITTEE WITH INFORMATION REGARDING THE PROPOSED CONTRACT OR CONTRACTS,
AS SET FORTH IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, NO FEWER THAN SEVEN
DAYS PRIOR TO POSTING SUCH INFORMATION ON ITS WEBSITE;
(II) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE, FOR A PERIOD
OF NO LESS THAN THIRTY DAYS:
(1) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO
THE CONTRACT OR CONTRACTS;
(2) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS, AND THE
WEIGHT ASSIGNED TO SUCH CRITERIA IN EVALUATING A CONTRACTOR OR CONTRAC-
TORS, WHERE APPLICABLE;
(3) THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK
SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH INFORMA-
TION IS FIRST POSTED ON THE WEBSITE; AND
(4) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SUCH
SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS;
(III) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM
PROSPECTIVE CONTRACTORS IN TIMELY FASHION SHALL BE REVIEWED BY THE
COMMISSIONER;
(IV) THE COMMISSIONER SHALL PROVIDE COPIES OF SUCH SUBMISSIONS TO THE
CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE
S. 6358--C 138
ASSEMBLY HEALTH COMMITTEE NO FEWER THAN SEVEN DAYS PRIOR TO SELECTING A
CONTRACTOR OR CONTRACTORS;
(V) NO CONTRACTOR OR CONTRACTORS SHALL BE SELECTED PRIOR TO NOTIFICA-
TION OF PROPOSED SELECTION OR SELECTIONS BEING PROVIDED TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE;
(VI) THE COMMISSIONER SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS
THAT, IN HIS OR HER DISCRETION, ARE BEST SUITED TO SERVE THE PURPOSES OF
THIS SECTION;
(VII) THE COMMISSIONER SHALL PROVIDE, WITHIN THIRTY DAYS OF THE AWARD
OF SUCH CONTRACT OR CONTRACTS, THE CHAIR OF THE SENATE STANDING COMMIT-
TEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE WITH A
REPORT OUTLINING THE REASONS WHY EACH SUBMISSION FOR SELECTION WAS
SUCCESSFUL OR UNSUCCESSFUL. THE REPORT SHALL PROVIDE, IN PERCENTAGE
FORM, THE WEIGHT, IF ANY, AWARDED TO EACH CRITERIA FOR SELECTION, AS
SUBMITTED;
(VIII) THE COMMISSIONER SHALL PROVIDE AN ANNUAL REPORT TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE REGARDING THE TIMELINESS OF PAYMENTS PURSUANT TO SUCH
CONTRACT OR CONTRACTS;
(IX) NO CONTRACT ENTERED PURSUANT TO THIS PARAGRAPH SHALL HAVE A TERM
THAT ENDS LATER THAN MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN.
S 47. Section 206 of the public health law is amended by adding a new
subdivision 29 to read as follows:
29. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH,
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES ARE AUTHORIZED TO WAIVE REGULA-
TORY REQUIREMENTS TO THE EXTENT NECESSARY TO ALLOW PROVIDERS PARTICIPAT-
ING IN JOINT PROJECTS UNDER THE DELIVERY SYSTEM REFORM INCENTIVE
PAYMENTS PROGRAM TO AVOID DUPLICATION OF REQUIREMENTS AND TO ALLOW THE
INTEGRATED DELIVERY OF SERVICES IN A RATIONAL AND EFFICIENT MANNER.
(B) THE COMMISSIONER SHALL PROVIDE AN ANNUAL WRITTEN REPORT TO THE
CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE
ASSEMBLY HEALTH COMMITTEE NO LATER THAN MARCH FIRST, TWO THOUSAND
FIFTEEN. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A LIST OF
REGULATIONS WAIVED PURSUANT TO THIS SECTION, THE FREQUENCY OF SUCH WAIV-
ERS AND REASONS THEY OCCURRED, A DESCRIPTION OF PLANNED REGULATORY
ACTIONS OR PROPOSED LEGISLATIVE INITIATIVES TO ADDRESS THE REASONS FOR
SUCH WAIVERS IN A MORE TRANSPARENT AND CONSISTENT MANNER, AND ANY OTHER
INFORMATION DEEMED NECESSARY AND APPROPRIATE.
S 48. Notwithstanding the provisions of sections 112 and 163 of the
state finance law, or any other contrary provision of law, the commis-
sioner of health is authorized to negotiate the extension of contract
number C025673 with Mercer Health and Benefits, LLC, as currently in
effect through October of 2014, through a period ending no later than
December 31, 2016, without a competitive bid or request for proposal
process.
S 49. Section 364-j of the social services law is amended by adding a
new subdivision 29 to read as follows:
29. IN THE EVENT THAT THE DEPARTMENT RECEIVES APPROVAL FROM THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES TO AMEND ITS 1115 WAIVER
KNOWN AS THE PARTNERSHIP PLAN OR RECEIVES APPROVAL FOR A NEW 1115 WAIVER
FOR THE PURPOSE OF REINVESTING SAVINGS RESULTING FROM THE REDESIGN OF
THE MEDICAL ASSISTANCE PROGRAM, THE COMMISSIONER IS AUTHORIZED TO ENTER
INTO CONTRACTS, AND/OR TO AMEND THE TERMS OF CONTRACTS AWARDED PRIOR TO
S. 6358--C 139
THE EFFECTIVE DATE OF THIS SUBDIVISION, FOR THE PURPOSE OF ASSISTING THE
DEPARTMENT OF HEALTH WITH IMPLEMENTING PROJECTS AUTHORIZED UNDER SUCH
WAIVER APPROVAL. NOTWITHSTANDING THE PROVISIONS OF SECTIONS ONE HUNDRED
TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR SECTIONS
ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVEL-
OPMENT LAW, OR ANY CONTRARY PROVISION OF LAW, CONTRACTS MAY BE ENTERED
OR CONTRACT AMENDMENTS MAY BE MADE PURSUANT TO THIS SUBDIVISION WITHOUT
A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROCESS IF THE TERM OF ANY
SUCH CONTRACT OR CONTRACT AMENDMENT DOES NOT EXTEND BEYOND MARCH THIR-
TY-FIRST, TWO THOUSAND NINETEEN; PROVIDED, HOWEVER, IN THE CASE OF A
CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION,
THAT:
(I) THE COMMISSIONER OF HEALTH SHALL PROVIDE THE CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY HEALTH
COMMITTEE WITH INFORMATION REGARDING THE PROPOSED CONTRACT OR CONTRACTS,
AS SET FORTH IN PARAGRAPH (II) OF THIS SUBDIVISION, NO FEWER THAN SEVEN
DAYS PRIOR TO POSTING SUCH INFORMATION ON ITS WEBSITE;
(II) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE, FOR A PERIOD
OF NO LESS THAN THIRTY DAYS:
(1) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO
THE CONTRACT OR CONTRACTS;
(2) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS, AND THE
WEIGHT ASSIGNED TO SUCH CRITERIA IN EVALUATING A CONTRACTOR OR CONTRAC-
TORS, WHERE APPLICABLE;
(3) THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK
SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH INFORMA-
TION IS FIRST POSTED ON THE WEBSITE; AND
(4) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SEEK SUCH
SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS;
(III) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM
PROSPECTIVE CONTRACTORS IN A TIMELY FASHION SHALL BE REVIEWED BY THE
COMMISSIONER;
(IV) THE COMMISSIONER SHALL PROVIDE COPIES OF SUCH SUBMISSIONS TO THE
CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE
ASSEMBLY HEALTH COMMITTEE NO FEWER THAN SEVEN DAYS PRIOR TO SELECTING A
CONTRACTOR OR CONTRACTORS;
(V) NO CONTRACTOR OR CONTRACTORS SHALL BE SELECTED PRIOR TO NOTIFICA-
TION OF PROPOSED SELECTION OR SELECTIONS BEING PROVIDED TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE;
(VI) THE COMMISSIONER SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS
THAT, IN HIS OR HER DISCRETION, ARE BEST SUITED TO SERVE THE PURPOSES OF
THIS SECTION;
(VII) THE COMMISSIONER SHALL PROVIDE, WITHIN THIRTY DAYS OF THE AWARD
OF SUCH CONTRACT OR CONTRACTS, THE CHAIR OF THE SENATE STANDING COMMIT-
TEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE WITH A
REPORT OUTLINING THE REASONS WHY EACH SUBMISSION FOR SELECTION WAS
SUCCESSFUL OR UNSUCCESSFUL. THE REPORT SHALL PROVIDE, IN PERCENTAGE
FORM, THE WEIGHT, IF ANY, AWARDED TO EACH CRITERIA FOR SELECTION, AS
SUBMITTED; AND
(VIII) THE COMMISSIONER SHALL PROVIDE AN ANNUAL REPORT TO THE CHAIR OF
THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY
HEALTH COMMITTEE REGARDING THE TIMELINESS OF PAYMENTS PURSUANT TO SUCH
CONTRACT OR CONTRACTS.
S 50. Intentionally omitted.
S 51. Intentionally omitted.
S. 6358--C 140
S 52. Intentionally omitted.
S 53. Intentionally omitted.
S 54. Intentionally omitted.
S 55. Intentionally omitted.
S 56. Intentionally omitted.
S 56-a. Intentionally omitted.
S 57. Intentionally omitted.
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. Intentionally omitted.
S 62. Subdivision (g) of section 129 of part C of chapter 58 of the
laws of 2009, amending the public health law relating to the adirondack
medical home multipayor demonstration program, is amended to read as
follows:
(g) section twenty-six-a of this act shall expire and be deemed
repealed April 1, [2014] 2017;
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:
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:
S. 6358--C 141
(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 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 resi-
dential 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 computa-
tion 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.
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) (A) 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 prohib-
iting 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 ENDING PRIOR TO JANU-
ARY FIRST, TWO THOUSAND SEVENTEEN.
S. 6358--C 142
(B) THE COMMISSIONER OF HEALTH SHALL PROVIDE AN ANNUAL WRITTEN REPORT
TO THE CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH AND THE CHAIR OF
THE ASSEMBLY HEALTH COMMITTEE NO LATER THAN JANUARY FIRST OF EACH YEAR.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE NUMBER OF ASSISTED
LIVING PROGRAM BEDS MADE AVAILABLE PURSUANT TO THIS SECTION BY COUNTY,
THE TOTAL NUMBER OF ASSISTED LIVING PROGRAM BEDS BY COUNTY, THE NUMBER
OF VACANT ASSISTED LIVING PROGRAM BEDS BY COUNTY, AND ANY OTHER INFORMA-
TION DEEMED NECESSARY AND APPROPRIATE.
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] FIFTEEN, 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]
FIFTEEN and as a result of decreased PPNOs during the period April
first, two thousand eleven through March thirty-first, two thousand
[fourteen] FIFTEEN; and provided further that for the period July first,
two thousand ten through March thirty-first, two thousand [fourteen]
FIFTEEN, 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 consulta-
tions with representatives of the health care facilities subject to this
section regarding potential prospective revisions to applicable method-
ologies and benchmarks set forth in regulations issued pursuant to this
subparagraph;
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. 6358--C 143
S 70. Subparagraphs (i) and (ii) of paragraph (b) of subdivision 9 of
section 367-a of the social services law, as amended by section 10 of
part H of chapter 59 of the laws of 2011, is amended to read as follows:
(i) if the drug dispensed is a multiple source prescription drug for
which an upper limit has been set by the federal centers for medicare
and medicaid services, the lower of: (A) an amount equal to the specific
upper limit set by such federal agency for the multiple source
prescription drug; (B) the estimated acquisition cost of such drug to
pharmacies which, for purposes of this subparagraph, shall mean the
average wholesale price of a prescription drug based on the package size
dispensed from, as reported by the prescription drug pricing service
used by the department, less twenty-five percent thereof; (C) the maxi-
mum acquisition cost, if any, established pursuant to paragraph (e) of
this subdivision, PROVIDED THAT THE METHODOLOGY USED BY THE DEPARTMENT
TO ESTABLISH A MAXIMUM ACQUISITION COST SHALL NOT INCLUDE AVERAGE ACQUI-
SITION COST AS DETERMINED BY DEPARTMENT SURVEYS; OR (D) the dispensing
pharmacy's usual and customary price charged to the general public; [or
(E) the average acquisition cost if available;] and
(ii) if the drug dispensed is a multiple source prescription drug or a
brand-name prescription drug for which no specific upper limit has been
set by such federal agency, the lower of the estimated acquisition cost
of such drug to pharmacies[, the average acquisition cost if available]
or the dispensing pharmacy's usual and customary price charged to the
general public. For sole and multiple source brand name drugs, estimated
acquisition cost means the average wholesale price of a prescription
drug based upon the package size dispensed from, as reported by the
prescription drug pricing service used by the department, less seventeen
percent thereof or the wholesale acquisition cost of a prescription drug
based upon package size dispensed from, as reported by the prescription
drug pricing service used by the department, minus zero and forty-one
hundredths percent thereof, and updated monthly by the department. For
multiple source generic drugs, estimated acquisition cost means the
lower of [the average acquisition cost,] the average wholesale price of
a prescription drug based on the package size dispensed from, as
reported by the prescription drug pricing service used by the depart-
ment, less twenty-five percent thereof, or the maximum acquisition cost,
if any, established pursuant to paragraph (e) of this subdivision,
PROVIDED THAT THE METHODOLOGY USED BY THE DEPARTMENT TO ESTABLISH A
MAXIMUM ACQUISITION COST SHALL NOT INCLUDE AVERAGE ACQUISITION COST AS
DETERMINED BY DEPARTMENT SURVEYS;
S 71. Paragraph (f) of subdivision 9 of section 367-a of the social
services law, as added by section 10-b of part H of chapter 59 of the
laws of 2011, is amended to read as follows:
[(f) Notwithstanding any inconsistent provision of law or regulation
to the contrary, the commissioner shall have the authority to establish
the amount of payments and dispensing fees under this title for those
drugs which may not be dispensed without a prescription as required by
section sixty-eight hundred ten of the education law and for which
payment is authorized pursuant to paragraph (g) of subdivision two of
section three hundred sixty-five-a of this title. The commissioner shall
not change the amounts of or method for such payments or dispensing fees
on or after April first, two thousand eleven unless notice is given
sixty days in advance of such change to the chairs of the committees on
senate finance, assembly ways and means, senate health, and assembly
health.]
S. 6358--C 144
S 72. 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 COORDI-
NATION SERVICES MAY BE EXCLUDED FROM THE GLOBAL BUDGET. THE GLOBAL BUDG-
ET 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 ANNUAL 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
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
S. 6358--C 145
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 73. The commissioner of health is authorized to establish a disabil-
ity clinician advisory group of experienced clinicians and clinic admin-
istrators who have an understanding of the comprehensive needs of people
with disabilities. Such group shall provide the commissioner and the
department of health with information and data on the effect of poli-
cies, including proposed regulations or statutes, and of fiscal
proposals, including rate setting and appropriations, on the delivery of
supports and services for individuals with disabilities including but
not limited to the role of specialty services.
S 74. The public health law is amended by adding a new section 2826 to
read as follows:
S 2826. TEMPORARY ADJUSTMENT TO REIMBURSEMENT RATES. (A) NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY, WITHIN FUNDS APPROPRIATED
AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION, THE
COMMISSIONER MAY GRANT APPROVAL OF A TEMPORARY ADJUSTMENT TO THE NON-CA-
PITAL COMPONENTS OF RATES, OR MAKE TEMPORARY LUMP-SUM MEDICAID PAYMENTS,
TO ELIGIBLE GENERAL HOSPITALS, SKILLED NURSING FACILITIES, CLINICS AND
HOME CARE PROVIDERS, PROVIDED HOWEVER, THAT SHOULD FEDERAL FINANCIAL
PARTICIPATION NOT BE AVAILABLE FOR ANY ELIGIBLE PROVIDER, THEN PAYMENTS
PURSUANT TO THIS SUBDIVISION SHALL BE MADE AS GRANTS AND SHALL NOT BE
DEEMED TO BE MEDICAL ASSISTANCE PAYMENTS.
(B) ELIGIBLE PROVIDERS SHALL INCLUDE:
(I) PROVIDERS UNDERGOING CLOSURE;
(II) PROVIDERS IMPACTED BY THE CLOSURE OF OTHER HEALTH CARE PROVIDERS;
(III) PROVIDERS SUBJECT TO MERGERS, ACQUISITIONS, CONSOLIDATIONS OR
RESTRUCTURING; OR
(IV) PROVIDERS IMPACTED BY THE MERGER, ACQUISITION, CONSOLIDATION OR
RESTRUCTURING OF OTHER HEALTH CARE PROVIDERS.
(C) PROVIDERS SEEKING TEMPORARY RATE ADJUSTMENTS UNDER THIS SECTION
SHALL DEMONSTRATE THROUGH SUBMISSION OF A WRITTEN PROPOSAL TO THE
COMMISSIONER THAT THE ADDITIONAL RESOURCES PROVIDED BY A TEMPORARY RATE
ADJUSTMENT 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.
S. 6358--C 146
(D) (I) SUCH WRITTEN PROPOSAL SHALL BE SUBMITTED TO THE COMMISSIONER
AT LEAST SIXTY DAYS PRIOR TO THE REQUESTED EFFECTIVE DATE OF THE TEMPO-
RARY RATE ADJUSTMENT, AND SHALL INCLUDE A PROPOSED BUDGET TO ACHIEVE THE
GOALS OF THE PROPOSAL. ANY MEDICAID PAYMENT ISSUED PURSUANT TO THIS
SECTION SHALL BE IN EFFECT FOR A SPECIFIED PERIOD OF TIME AS DETERMINED
BY THE COMMISSIONER, OF UP TO THREE YEARS. AT THE END OF THE SPECIFIED
TIMEFRAME SUCH PAYMENTS OR ADJUSTMENTS TO THE NON-CAPITAL COMPONENT OF
RATES SHALL CEASE, AND THE FACILITY SHALL BE REIMBURSED IN ACCORDANCE
WITH THE OTHERWISE APPLICABLE RATE-SETTING METHODOLOGY AS SET FORTH IN
APPLICABLE STATUTES AND THIS SUBPART. THE COMMISSIONER MAY ESTABLISH, AS
A CONDITION OF RECEIVING SUCH TEMPORARY RATE ADJUSTMENTS OR GRANTS,
BENCHMARKS AND GOALS TO BE ACHIEVED IN CONFORMITY WITH THE FACILITY'S
WRITTEN PROPOSAL AS APPROVED BY THE COMMISSIONER AND MAY ALSO REQUIRE
THAT THE FACILITY SUBMIT SUCH PERIODIC REPORTS CONCERNING THE ACHIEVE-
MENT OF SUCH BENCHMARKS AND GOALS AS THE COMMISSIONER DEEMS NECESSARY.
FAILURE TO ACHIEVE SATISFACTORY PROGRESS, AS DETERMINED BY THE COMMIS-
SIONER, IN ACCOMPLISHING SUCH BENCHMARKS AND GOALS SHALL BE A BASIS FOR
ENDING THE FACILITY'S TEMPORARY RATE ADJUSTMENT OR GRANT PRIOR TO THE
END OF THE SPECIFIED TIMEFRAME. (II) THE COMMISSIONER MAY REQUIRE THAT
APPLICATIONS SUBMITTED PURSUANT TO THIS SECTION BE SUBMITTED IN RESPONSE
TO AND IN ACCORDANCE WITH A REQUEST FOR APPLICATIONS OR A REQUEST FOR
PROPOSALS ISSUED BY THE COMMISSIONER.
(E) TO THE EXTENT PRACTICABLE, THE COMMISSIONER SHALL EQUITABLY ALLO-
CATE FUNDS APPROPRIATED FOR THE PURPOSE OF ELIGIBLE PROVIDER TEMPORARY
RATE ADJUSTMENTS OR GRANTS PURSUANT TO THIS SUBDIVISION, BETWEEN THE
STATE'S VARIOUS REGIONS PROVIDED HOWEVER, THAT IN EVALUATING APPLICA-
TIONS PREFERENCE WILL BE GIVEN TO THOSE APPLICANTS THAT HAVE NOT BEEN
DEEMED ELIGIBLE FOR NEW YORK'S MEDICAID REDESIGN TEAM WAIVER DELIVERY
SYSTEM REFORM INCENTIVE PAYMENT PROGRAM (DSRIP).
(F) NOTWITHSTANDING ANY LAW TO THE CONTRARY, GENERAL HOSPITALS DEFINED
AS CRITICAL ACCESS HOSPITALS PURSUANT TO TITLE XVIII OF THE FEDERAL
SOCIAL SECURITY ACT SHALL BE ALLOCATED NO LESS THAN SEVEN MILLION FIVE
HUNDRED THOUSAND DOLLARS ANNUALLY PURSUANT TO THIS SECTION. THE DEPART-
MENT OF HEALTH SHALL PROVIDE A REPORT TO THE GOVERNOR AND LEGISLATURE NO
LATER THAN DECEMBER FIRST, TWO THOUSAND FOURTEEN PROVIDING RECOMMENDA-
TIONS ON HOW TO ENSURE THE FINANCIAL STABILITY OF, AND PRESERVE PATIENT
ACCESS TO, CRITICAL ACCESS HOSPITALS.
S 75. Paragraph d of subdivision 20 of section 2808 of the public
health law, as added by section 8 of part H of chapter 59 of the laws of
2011, is amended to read as follows:
d. Notwithstanding any contrary provision of law, rule or regulation,
for rate periods on and after April first, two thousand eleven THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND FOURTEEN, the commissioner may reduce
or eliminate the payment factor for return on or return of equity in the
capital cost component of Medicaid rates of payment for services
provided by residential health care facilities.
S 76. Paragraph (d) of subdivision 2-c of section 2808 of the public
health law, as added by section 95 of part H of chapter 59 of the laws
of 2011, is amended to read as follows:
(d) The commissioner shall promulgate regulations, and may promulgate
emergency regulations, to implement the provisions of this subdivision.
Such regulations shall be developed in consultation with the nursing
home industry and advocates for residential health care facility resi-
dents and, further, the commissioner shall provide notification concern-
ing such regulations to the chairs of the senate and assembly health
committees, the chair of the senate finance committee and the chair of
S. 6358--C 147
the assembly ways and means committee. Such regulations shall include
provisions for rate adjustments or payment enhancements to facilitate a
minimum four-year transition of facilities to the rate-setting methodol-
ogy established by this subdivision and may also include, but not be
limited to, provisions for facilitating quality improvements in residen-
tial health care facilities. FOR PURPOSES OF FACILITATING QUALITY
IMPROVEMENTS THROUGH THE ESTABLISHMENT OF A NURSING HOME QUALITY POOL,
THOSE FACILITIES THAT CONTRIBUTE TO THE QUALITY POOL, BUT ARE DEEMED
INELIGIBLE FOR QUALITY POOL PAYMENTS DUE EXCLUSIVELY TO A SPECIFIC CASE
OF EMPLOYEE MISCONDUCT, SHALL NEVERTHELESS BE ELIGIBLE FOR A QUALITY
POOL PAYMENT IF THE FACILITY PROPERLY REPORTED THE INCIDENT, DID NOT
RECEIVE A SURVEY CITATION FROM THE COMMISSIONER OR THE CENTERS FOR MEDI-
CARE AND MEDICAID SERVICES ESTABLISHING THE FACILITY'S CULPABILITY WITH
REGARD TO SUCH MISCONDUCT AND, BUT FOR THE SPECIFIC CASE OF EMPLOYEE
MISCONDUCT, THE FACILITY WOULD HAVE OTHERWISE RECEIVED A QUALITY POOL
PAYMENT.
S 77. The public health law is amended by adding a new section 276-b
to read as follows:
S 276-B. MEDICAID DRUG REBATE REMITTANCE DEMONSTRATION PROGRAM. 1.
THE DEPARTMENT SHALL ESTABLISH A MEDICAID DRUG REBATE REMITTANCE DEMON-
STRATION PROGRAM FOR THE PURPOSE OF WORKING COLLABORATIVELY WITH THIRD
PARTY VENDORS TO VALIDATE THE EXISTING MEDICAID DRUG REBATE CLAIMS AND
DETERMINE WHETHER THE DATA CONTAINS DUPLICATE CLAIMS OR CLAIMS ON WHICH
REBATES MAY ALREADY HAVE BEEN PAID ALL OR IN PART TO MEDICARE PART D
PLANS OR SOME OTHER THIRD PARTIES IN ORDER TO RECTIFY DISPUTED CLAIMS.
2. FOR THE PURPOSES OF THIS DEMONSTRATION PROGRAM, THE DEPARTMENT
SHALL PROVIDE UTILIZATION INFORMATION TYING TO INVOICES SENT TO PHARMA-
CEUTICAL MANUFACTURERS, WHICH HAVE ENTERED INTO A REBATE AGREEMENT WITH
THE DEPARTMENT OR WITH THE FEDERAL SECRETARY OF HEALTH AND HUMAN
SERVICES ON BEHALF OF THE DEPARTMENT UNDER SECTION 1927 OF THE FEDERAL
SOCIAL SECURITY ACT, AND TO THIRD PARTY DATA VENDORS, FOR THE PURPOSE OF
VALIDATING CLAIMS SUBMITTED UNDER SUCH REBATE AGREEMENT OR PROGRAM
INCLUDING BUT NOT LIMITED TO, THE PROGRAM FOR ELDERLY PHARMACEUTICAL
INSURANCE COVERAGE, AND THE MEDICAID DRUG REBATE PROGRAM IN GENERAL FOR
THE PERIOD FROM JANUARY FIRST, TWO THOUSAND NINE THROUGH JUNE THIRTIETH,
TWO THOUSAND TWELVE. SUCH UTILIZATION INFORMATION SHALL INCLUDE, BUT NOT
BE LIMITED TO: PRESCRIPTION NUMBERS, NATIONAL DRUG CODES, NUMBER OF
UNITS DISPENSED, CLAIMS PAID DATE, DATE OF SERVICE, PRESCRIBING PHYSI-
CIAN STATE IDENTIFICATION NUMBER, AMOUNT BILLED FOR EACH PRESCRIPTION,
AMOUNT OF REIMBURSEMENT RECEIVED FOR EACH PRESCRIPTION (INCLUDING ANY
ADJUSTMENT CODES), DISPENSING PHARMACY'S STATE IDENTIFICATION NUMBER,
DISPENSING FEE, ANY APPLICABLE THIRD-PARTY PAYMENTS, APPLICABLE CO-PAY-
MENTS, REFILL CODE, INTERNAL CLAIM NUMBER OF THE SCRIPT, DAYS SUPPLY,
J-CODE CLAIMS INCLUDING SINGLE SOURCE AND MULTISOURCE PHYSICIAN ADMINIS-
TERED DRUGS, NPI NUMBERS, MCO PLAN IDENTIFIER, MCO PLAN NAME, AND THE
NAME, ADDRESS, CITY, STATE AND ZIP CODE OF THE PRESCRIBING PRACTITIONER
AND PHARMACY. THE PRESCRIPTION DRUG UTILIZATION INFORMATION SHALL BE
PROVIDED TO THE THIRD PARTY DATA VENDORS AS SOON AS PRACTICABLE FOLLOW-
ING ESTABLISHMENT OF THIS PROGRAM. THERE SHALL BE NO COST TO THE DEPART-
MENT FOR SERVICES PERFORMED BY THIRD PARTY DATA VENDORS. ANY
PRESCRIPTION DRUG UTILIZATION DATA PROVIDED TO THIRD PARTY DATA VENDORS
UNDER THIS DEMONSTRATION PROGRAM SHALL NOT BE SHARED WITH OTHER PARTIES,
EXCEPT PARTICIPATING DRUG MANUFACTURERS WHO HAVE ENTERED INTO A REBATE
AGREEMENT WITH THE DEPARTMENT OR WITH THE FEDERAL SECRETARY OF HEALTH
AND HUMAN SERVICES ON BEHALF OF THE DEPARTMENT UNDER SECTION 1927 OF THE
FEDERAL SOCIAL SECURITY ACT. UTILIZATION DATA PROVIDED UNDER THIS
S. 6358--C 148
SECTION SHALL BE USED FOR THE FOLLOWING PURPOSE: REBATE VALIDATION
SERVICES FOR THE BENEFIT OF DRUG COMPANIES AND STATE/FEDERAL AGENCIES
INCLUDING DRUG USE TREND REVIEW. INDIVIDUAL PATIENT IDENTIFYING INFORMA-
TION SHALL BE KEPT CONFIDENTIAL BY ANY PERSON OR ENTITY TO WHOM OR TO
WHICH IT IS PROVIDED UNDER THIS SECTION. THE DISCLOSURE OF THE FOREGOING
DATA BY THE DEPARTMENT SHALL BE CONSIDERED, FOR PURPOSES OF SECTION
THREE HUNDRED SIXTY-NINE OF THE SOCIAL SERVICES LAW, TO BE DIRECTLY
CONNECTED WITH THE ADMINISTRATION OF MEDICAL ASSISTANCE FOR NEEDY
PERSONS.
3. THE DEPARTMENT SHALL PROVIDE A REPORT ON THE RESULTS OF THE DEMON-
STRATION PROGRAM, WITH INPUT FROM STAKEHOLDERS, TO THE GOVERNOR, THE
DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMPTROLLER AND THE LEGIS-
LATURE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN. THE
REPORT SHALL INCLUDE FINDINGS AS TO THE DEMONSTRATION PROGRAM'S CONTRIB-
UTION TO IMPROVING THE ABILITY OF THE DEPARTMENT TO VALIDATE DRUG REBATE
CLAIMS AND RECTIFY DISPUTED CLAIMS. IN THE REPORT, THE DEPARTMENT SHALL
OFFER RECOMMENDATIONS AS TO WHETHER THE DEMONSTRATION PROGRAM SHOULD BE
EXTENDED, MODIFIED, ELIMINATED OR MADE PERMANENT.
S 78. Subdivision 4 of section 365-h of the social services law, as
added by section 20 of part B of chapter 109 of the laws of 2010, is
amended to read as follows:
4. The commissioner of health is authorized to assume responsibility
from a local social services official for the provision and reimburse-
ment of transportation costs under this section. If the commissioner
elects to assume such responsibility, the commissioner shall notify the
local social services official in writing as to the election, the date
upon which the election shall be effective and such information as to
transition of responsibilities as the commissioner deems prudent. The
commissioner is authorized to contract with a transportation manager or
managers to manage transportation services in any local social services
district. Any transportation manager or managers selected by the commis-
sioner to manage transportation services shall have proven experience in
coordinating transportation services in a geographic and demographic
area similar to the area in New York state within which the contractor
would manage the provision of services under this section. Such a
contract or contracts may include responsibility for: review, approval
and processing of transportation orders; management of the appropriate
level of transportation based on documented patient medical need; and
development of new technologies leading to efficient transportation
services. SUCH CONTRACT SHALL REQUIRE THAT THE TRANSPORTATION MANAGER
MUST FIRST OFFER THE COUNTY WHERE SERVICES ARE BEING REQUESTED THE RIGHT
TO COORDINATE SERVICES AND PRIORITY MUST BE GIVEN TO THE USE OF AVAIL-
ABLE LOCAL PUBLIC TRANSPORTATION SERVICES TO THE MAXIMUM EXTENT PRACTI-
CABLE FOR THE PROVISION OF TRANSPORTATION TO ELIGIBLE PERSONS. If the
commissioner elects to assume such responsibility from a local social
services district, the commissioner shall examine and, [if appropriate,]
adopt quality assurance measures that may include, but are not limited
to, global positioning tracking system reporting requirements and
service verification mechanisms. Any and all reimbursement rates devel-
oped by transportation managers under this subdivision SHALL INCLUDE
RATES FOR PUBLIC TRANSPORTATION THAT REFLECT THE COST TO PROVIDE SERVICE
TO ELIGIBLE INDIVIDUALS AND shall be subject to the review and approval
of the commissioner. IN REVIEWING THE REIMBURSEMENT RATES DEVELOPED BY
TRANSPORTATION MANAGERS, THE COMMISSIONER SHALL CONSULT WITH LOCAL OFFI-
CIALS RESPONSIBLE FOR PUBLIC TRANSPORTATION IN THE AFFECTED COUNTY AND
THE INTERAGENCY COORDINATING COMMITTEE ON RURAL PUBLIC TRANSPORTATION AS
S. 6358--C 149
DEFINED IN SECTION SEVENTY-THREE-D OF THE TRANSPORTATION LAW. Notwith-
standing any inconsistent provision of sections one hundred twelve and
one hundred sixty-three of the state finance law, or section one hundred
forty-two of the economic development law, or any other law, the commis-
sioner is authorized to enter into a contract or contracts under this
subdivision without a competitive bid or request for proposal process,
provided, however, that:
(a) the department 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; and
(c) the commissioner shall select such contractor or contractors that,
in his or her discretion, are best suited to serve the purposes of this
section.
S 79. Section 73-d of the transportation law, as amended by chapter
562 of the laws of 1987, is amended to read as follows:
S 73-d. Interagency coordinating committee on rural public transporta-
tion. 1. There is hereby created a committee to be known as the "intera-
gency coordinating committee on rural public transportation", to be
comprised of [nineteen] SIXTEEN members. The commissioner or his or her
designee shall serve as chairperson. [Twelve] EIGHT of such members
shall be the following or his or her duly designated representative: the
director of the office for the aging; the commissioner of education; the
commissioner of labor; the commissioner of health; the commissioner of
the office of mental health; the commissioner of the [office of mental
retardation and developmental disabilities] OFFICE OF PERSONS WITH
DEVELOPMENTAL DISABILITIES; the commissioner of social services; [state
advocate for the disabled; secretary of state;] AND THE commissioner of
agriculture and markets[; the director of the office of rural affairs
and the director of the division for youth]. [Six] EIGHT additional
members, all of whom shall be transportation providers or consumers
representing rural counties shall be appointed to serve a term of three
years as follows: [two] THREE by the president pro-tempore of the
senate, [two] THREE by the speaker of the assembly, one by the minority
leader of the senate, and one by the minority leader of the assembly.
Efforts shall be made to provide a broad representation of consumers and
providers of transportation services in rural counties when making such
appointments. Members of the committee shall receive no salary.
The commissioner shall cause the department to provide staff assist-
ance necessary for the efficient and effective operation of the commit-
tee.
2. The committee shall:
A. identify programs and the annual amounts and sources of funds from
such programs that are eligible to be used to support a coordinated
public transportation service, and the annual amounts and sources of
such funds that are actually used for client transportation or for
S. 6358--C 150
transportation of persons in connection with agency-affiliated programs
or services; such data shall be provided on a county basis;
b. identify restrictions on existing programs that inhibit funds from
such programs being used to pay for a coordinated public transportation
service in rural counties;
c. recommend changes in state or local laws or regulations that would
improve the coordination of funds, facilities, vehicles or equipment and
other resources used for transportation at the local level;
d. upon request, compile and forward to the commissioner any data or
other information required by this section.
3. THE COMMITTEE SHALL BE REQUIRED TO REPORT TO THE SPEAKER OF THE
ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE GOVERNOR BIAN-
NUALLY BEGINNING OCTOBER FIRST, TWO THOUSAND FOURTEEN REGARDING THE
MANAGEMENT OF NON-EMERGENCY MEDICAID TRANSPORTATION IN RURAL AREAS AS
DEFINED BY SECTION FOUR HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW. THIS
SHALL INCLUDE BUT NOT BE LIMITED TO, A BREAKDOWN BY COUNTY OF COST
SAVINGS, MODES OF TRANSPORTATION PROVIDED TO MEDICAID PATIENTS, AND
RATES OF UTILIZATION OF PUBLIC TRANSPORTATION.
4. THE COMMITTEE SHALL BE REQUIRED TO EXAMINE REIMBURSEMENT RATES
DEVELOPED BY TRANSPORTATION MANAGERS PURSUANT TO SUBDIVISION FOUR OF
SECTION THREE HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES
WITH A POPULATION OF TWO HUNDRED THOUSAND OR LESS. THE COMMITTEE SHALL
SUBMIT RECOMMENDATIONS FOR PROPOSED AND EFFECTIVE RATES FOR RURAL COMMU-
NITIES TO THE COMMISSIONER OF HEALTH WITH RECOMMENDATIONS INCLUDING, BUT
NOT LIMITED TO, ADJUSTMENTS TO INDIVIDUAL RIDERSHIP FARES FOR PUBLIC
TRANSPORTATION UTILIZATION, RATES FOR LOW-COST COORDINATED TRANSPORTA-
TION WITH OTHER HUMAN SERVICE AGENCIES, AND RATES FOR PRIVATE TRANSPOR-
TATION WITH CONSIDERATIONS OF AVAILABILITY AND COST SAVINGS.
5. THE COMMISSIONER OF HEALTH SHALL CONSULT WITH THE COMMITTEE PRIOR
TO APPROVAL OF RATES PROPOSED UNDER SUBDIVISION FOUR OF SECTION THREE
HUNDRED SIXTY-FIVE OF THE SOCIAL SERVICES LAW FOR COUNTIES WITH A POPU-
LATION OF TWO HUNDRED THOUSAND OR LESS. ANY PROPOSAL FOR A RATE ADJUST-
MENT FOR RURAL COMMUNITIES AFTER APPROVAL SHALL BE EXAMINED BY THE
COMMITTEE PRIOR TO APPROVAL BY THE COMMISSIONER.
S 80. Subdivisions 5 and 24 of section 32 of the public health law, as
amended by section 110 of part E of chapter 56 of the laws of 2013, are
amended and a new subdivision 5-a is added to read as follows:
5. to keep the governor, attorney general, state comptroller, tempo-
rary president and minority leader of the senate, the speaker and the
minority leader of the assembly, and the heads of agencies with respon-
sibility for the administration of the medical assistance program
apprised of efforts to prevent, detect, investigate, and prosecute fraud
and abuse within the medical assistance program[, and to provide a quar-
terly briefing to the legislature on activities of the office];
5-A. TO PROVIDE QUARTERLY IN-PERSON BRIEFINGS TO THE LEGISLATURE ON
THE ACTIVITIES OF THE OFFICE AND TO SUBMIT A QUARTERLY ACCOUNTING OF ALL
RECOVERIES AND PROJECTIONS AND THEIR IMPACT ON THE MEDICAID CAP;
24. to meet quarterly with representatives of social services
districts to discuss the status of ongoing cooperative efforts between
the office of Medicaid inspector general and districts, including demon-
stration programs authorized pursuant to section five-a of part C of
chapter fifty-eight of the laws of two thousand five, the potential for
additional collaboration and/or for improved or innovative techniques to
be employed, [and] any issues of concern to such districts with respect
to the prevention and detection of fraud and abuse in the medical
S. 6358--C 151
assistance program, AND REPORT BACK TO THE LEGISLATURE AFTER SAID MEET-
INGS;
S 81. Section 2807 of the public health law is amended by adding a new
subdivision 22 to read as follows:
22. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
GENERAL HOSPITAL OUTPATIENT CLINICS AND DIAGNOSTIC AND TREATMENT CENTERS
SHALL BE REIMBURSED FOR THE PROVISION OF OFFSITE PRIMARY CARE SERVICES
TO EXISTING PATIENTS IN NEED OF PROFESSIONAL SERVICES AVAILABLE AT THE
GENERAL HOSPITAL OUTPATIENT CLINIC OR DIAGNOSTIC AND TREATMENT CENTER,
BUT, DUE TO THE INDIVIDUAL'S MEDICAL CONDITION, IS UNABLE TO RECEIVE THE
SERVICES ON THE PREMISES OF THE GENERAL HOSPITAL OUTPATIENT CLINIC OR
DIAGNOSTIC AND TREATMENT CENTER.
S 82. 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 83. Article 29-A of the public health law is amended by adding a new
title 1-A to read as follows:
TITLE 1-A
RURAL DENTISTRY PILOT PROGRAM
SECTION 2958-A. RURAL DENTISTRY PILOT PROGRAM.
S 2958-A. RURAL DENTISTRY PILOT PROGRAM. 1. THE COMMISSIONER SHALL,
WITHIN MONIES APPROPRIATED THEREFORE, ESTABLISH A RURAL DENTISTRY PILOT
PROGRAM IN CHAUTAUQUA, ALLEGANY, AND CATTARAUGUS COUNTIES. THE COMMIS-
SIONER SHALL, IN COORDINATION WITH THE UNIVERSITY OF BUFFALO SCHOOL OF
DENTISTRY STUDY COST SAVINGS ACHIEVED THROUGH THE PROVISION OF DENTAL
SERVICES IN GEOGRAPHICALLY ISOLATED AND UNDERSERVED AREAS. SUCH A STUDY
SHALL DETERMINE:
(I) THE QUALITY OF CARE PROVIDED THROUGH A MOBILE DENTAL SYSTEM;
(II) COST SAVINGS ACHIEVED THROUGH TARGETED ORAL HEALTH INITIATIVES IN
RURAL AREAS;
(III) COROLLARIES BETWEEN PREVENTATIVE DENTAL CARE AND IMPROVED
PATIENT OUTCOMES IN RURAL AREAS;
(IV) KNOWLEDGE, ATTITUDE, AND BEHAVIOR OUTCOMES AMONG DENTAL STUDENTS
AND RECOMMENDATIONS FOR RURAL DENTAL HEALTH EDUCATION CURRICULUM;
(V) A PROFILE OF THE PARTICIPANTS, THE NUMBER OF PERSONS SERVED, AND
HEALTH CARE DISPARITIES;
(VI) A DESCRIPTION OF THE ACTIVITIES OF THE PROGRAM;
(VII) GUIDANCE ON FACILITATED PARTICIPATION IN RURAL AREAS;
(VIII) PROVIDER SHORTAGES IN RURAL AREAS;
(IX) A DESCRIPTION OF THE IMPACT OF THE PROGRAMS ON THE COMMUNITY AND
RECOMMENDATIONS FOR REPLICATION/IMPROVEMENT IN OTHER RURAL AREAS; AND
(X) SUCH OTHER ACTIVITIES AS THE COMMISSIONER MAY DEEM NECESSARY AND
APPROPRIATE TO THIS SECTION.
2. TWELVE MONTHS AFTER THE APPROVAL OF THE RURAL DENTISTRY PILOT
PROGRAM, AND ANNUALLY THEREAFTER, THE PROGRAM SHALL REPORT TO THE
COMMISSIONER ON THE PROGRESS OF THE PROGRAM. THE COMMISSIONER SHALL
EVALUATE THE FINDINGS OF THE STUDY AND REPORT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH, THE CHAIR OF THE
S. 6358--C 152
ASSEMBLY HEALTH COMMITTEE AND THE CHAIR OF THE LEGISLATIVE COMMISSION ON
RURAL RESOURCES ON ITS FINDINGS.
3. ADDITIONALLY, TO THE EXTENT OF FUNDS APPROPRIATED THEREFORE,
MEDICAL ASSISTANCE FUNDS, INCLUDING ANY FUNDING OR SHARED SAVINGS AS MAY
BECOME AVAILABLE THROUGH FEDERAL WAIVERS OR OTHERWISE UNDER TITLES EIGH-
TEEN AND NINETEEN OF THE FEDERAL SOCIAL SECURITY ACT, MAY BE USED FOR
EXPENDITURES IN SUPPORT OF THE DEMONSTRATION PROGRAM.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
THE COMMISSIONER IS AUTHORIZED TO WAIVE, MODIFY OR SUSPEND THE
PROVISIONS OF RULES AND REGULATIONS PROMULGATED PURSUANT TO ARTICLE
TWENTY-EIGHT OF THIS CHAPTER IF THE COMMISSIONER DETERMINES THAT SUCH
WAIVER, MODIFICATION OR SUSPENSION IS NECESSARY FOR THE SUCCESSFUL
IMPLEMENTING OF THE RURAL DENTISTRY PILOT PROGRAM AUTHORIZED PURSUANT TO
THIS SECTION AND PROVIDED THAT THE COMMISSIONER DETERMINES THAT THE
HEALTH, SAFETY AND GENERAL WELFARE OF PEOPLE RECEIVING HEALTH CARE UNDER
SUCH RURAL DENTISTRY PILOT PROGRAM WILL NOT BE IMPAIRED AS A RESULT OF
SUCH WAIVER, MODIFICATION, OR SUSPENSION.
S 84. Section 363-e of the social services law, as added by section
39 of part H of chapter 59 of the laws of 2001, is amended by adding
three new subdivisions 3, 4 and 5 to read as follows:
3. ALL FUNDING RECEIVED BY THE DEPARTMENT AS A RESULT OF EACH 1115
WAIVER FROM THE CENTERS FOR MEDICARE AND MEDICAID SERVICES SHALL BE
AVAILABLE FOR EXPENDITURE AFTER A RECOMMENDATION OF THE 1115 WAIVER
DISTRIBUTION REVIEW COUNCIL. THE RECOMMENDATIONS OF THE COUNCIL SHALL
BE MADE PRIOR TO THE APPROVAL OF A PROJECT PLAN. THE COUNCIL'S RECOMMEN-
DATION SHALL BE CONSISTENT WITH THE GOALS AND CONDITIONS OF THE WAIVER.
4. 1115 WAIVER REVIEW COUNCIL. (A) THERE SHALL BE ESTABLISHED WITHIN
THE DEPARTMENT OF HEALTH THE 1115 WAIVER REVIEW COUNCIL, HEREINAFTER
REFERRED TO AS THE "COUNCIL," WHICH SHALL CONSIST OF THIRTEEN MEMBERS,
INCLUDING THE COMMISSIONER. THE COMMISSIONER SHALL SERVE AS CHAIR OF
THE COUNCIL. THE TEMPORARY PRESIDENT OF THE SENATE SHALL APPOINT THREE
MEMBERS, AND THE SPEAKER OF THE ASSEMBLY SHALL APPOINT THREE MEMBERS.
THE REMAINING SIX MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE GOVER-
NOR BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. MEMBERS APPOINTED
TO THE COUNCIL SHALL HAVE EXPERTISE IN ONE OR MORE OF THE FOLLOWING
AREAS: HEALTH CARE POLICY AND RESEARCH; HEALTH CARE FACILITY OPERATIONS;
CLINIC OPERATIONS; HEALTH CARE FINANCING AND REIMBURSEMENT; THE PUBLIC
HEALTH SYSTEM; THE CLINICAL AND ADMINISTRATIVE ASPECTS OF HEALTH CARE
DELIVERY; HEALTH CARE CONSUMER ACTIVITIES.
(B) MEMBERS OF THE COUNCIL SHALL SERVE AT THE PLEASURE OF THEIR
APPOINTING AUTHORITY.
(C) THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE REIMBURSED FOR EXPENSES ACTUALLY AND NECESSARILY
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
(D) THE COUNCIL SHALL MEET AS NEEDED, BUT NO LESS THAN ONCE EACH QUAR-
TER. THE COUNCIL SHALL MAKE SUCH DETERMINATIONS BY AN AFFIRMATIVE VOTE
OF A MAJORITY OF VOTING MEMBERS. SUCH DETERMINATIONS SHALL BE MADE BASED
ON CRITERIA INCLUDING, BUT NOT LIMITED TO:
(I) FURTHERANCE OF THE GOALS OF THE WAIVER;
(II) TO THE EXTENT PRACTICABLE, EQUITABLE STATEWIDE DISTRIBUTION OF
FUNDS;
(III) THE RELATIONSHIP BETWEEN THE PROJECTS PROPOSED BY AN APPLICANT
AND IDENTIFIED COMMUNITY NEED;
(IV) THE EXTENT TO WHICH THE PROPOSED PROJECT MEETS PUBLIC NEED;
(V) TO THE EXTENT PRACTICABLE, EQUITABLE FUNDING OF WAIVER OBJECTIVES
AND DELIVERY SYSTEM PARTICIPANTS;
S. 6358--C 153
(VI) AND SUCH OTHER AND FURTHER CRITERIA ESTABLISHED PURSUANT TO A
CHAPTER OF THE LAWS OF TWO THOUSAND FOURTEEN.
THE COUNCIL SHALL BE SUPPORTED BY APPROPRIATE STAFF OF THE DEPARTMENT.
(E) THE MEMBERS OF THE COUNCIL SHALL BE DEEMED A STATE OFFICER OR
EMPLOYEE FOR PURPOSES OF SECTION SEVENTY-THREE-A OF THE PUBLIC OFFICERS
LAW AND SUCH COUNCIL SHALL BE A STATE AGENCY FOR PURPOSES OF SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
(F) THE MEMBERS OF THE COUNCIL SHALL RECEIVE AN AGENDA SETTING FORTH
THE APPLICATIONS AND RESOLUTIONS TO BE CONSIDERED NO LATER THAN ONE WEEK
PRIOR TO ANY SCHEDULED MEETING. ADDITIONAL ITEMS MAY ONLY BE ADDED IF
TWO-THIRDS OF THE MEMBERS OF SUCH BOARD CONSENT, AND IN NO EVENT SHALL
ITEMS BE ADDED WITHIN TWENTY-FOUR HOURS OF SUCH MEETING.
(G) ALL MEETINGS OF SUCH BOARD SHALL BE SUBJECT TO THE OPEN MEETINGS
LAW, PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
5. NO AWARD SHALL BE MADE WITHOUT TEN BUSINESS DAYS PRIOR NOTIFICATION
TO THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEM-
BLY WAYS AND MEANS COMMITTEE. AWARDS AND TERMS OF THE AGREEMENTS SHALL
BE POSTED ON BOTH THE DEPARTMENT'S AND THE COUNCIL'S OFFICIAL WEBSITES.
S 85. The public health law is amended by adding a new section 2805-x
to read as follows:
S 2805-X. HOSPITAL-HOME CARE-PHYSICIAN COLLABORATION PROGRAM. 1. THE
PURPOSE OF THIS SECTION SHALL BE TO FACILITATE INNOVATION IN HOSPITAL,
HOME CARE AGENCY AND PHYSICIAN COLLABORATION IN MEETING THE COMMUNITY'S
HEALTH CARE NEEDS. IT SHALL PROVIDE A FRAMEWORK TO SUPPORT VOLUNTARY
INITIATIVES IN COLLABORATION TO IMPROVE PATIENT CARE ACCESS AND MANAGE-
MENT, PATIENT HEALTH OUTCOMES, COST-EFFECTIVENESS IN THE USE OF HEALTH
CARE SERVICES AND COMMUNITY POPULATION HEALTH. SUCH COLLABORATIVE INITI-
ATIVES MAY ALSO INCLUDE PAYORS, SKILLED NURSING FACILITIES AND OTHER
INTERDISCIPLINARY PROVIDERS, PRACTITIONERS AND SERVICE ENTITIES.
2. FOR PURPOSES OF THIS SECTION:
(A) "HOSPITAL" SHALL INCLUDE A GENERAL HOSPITAL AS DEFINED IN THIS
ARTICLE OR OTHER INPATIENT FACILITY FOR REHABILITATION OR SPECIALTY CARE
WITHIN THE DEFINITION OF HOSPITAL IN THIS ARTICLE.
(B) "HOME CARE AGENCY" SHALL MEAN A CERTIFIED HOME HEALTH AGENCY, LONG
TERM HOME HEALTH CARE PROGRAM OR LICENSED HOME CARE SERVICES AGENCY AS
DEFINED IN ARTICLE THIRTY-SIX OF THIS CHAPTER.
(C) "PAYOR" SHALL MEAN A HEALTH PLAN APPROVED PURSUANT TO ARTICLE
FORTY-FOUR OF THIS CHAPTER, OR ARTICLE THIRTY-TWO OR FORTY-THREE OF THE
INSURANCE LAW.
(D) "PRACTITIONER" SHALL MEAN ANY OF THE HEALTH, MENTAL HEALTH OR
HEALTH RELATED PROFESSIONS LICENSED PURSUANT TO TITLE EIGHT OF THE
EDUCATION LAW.
3. THE COMMISSIONER IS AUTHORIZED TO PROVIDE FINANCING INCLUDING, BUT
NOT LIMITED TO, GRANTS OR POSITIVE ADJUSTMENTS IN MEDICAL ASSISTANCE
RATES OR PREMIUM PAYMENTS, TO THE EXTENT OF FUNDS AVAILABLE AND ALLO-
CATED OR APPROPRIATED THEREFOR, INCLUDING FUNDS PROVIDED TO THE STATE
THROUGH FEDERAL WAIVERS, FUNDS MADE AVAILABLE THROUGH STATE APPROPRI-
ATIONS AND/OR FUNDING THROUGH SECTION TWENTY-EIGHT HUNDRED SEVEN-V OF
THIS ARTICLE, AS WELL AS WAIVERS OF REGULATIONS UNDER TITLE TEN OF THE
NEW YORK CODES, RULES AND REGULATIONS, TO SUPPORT THE VOLUNTARY INITI-
ATIVES AND OBJECTIVES OF THIS SECTION.
4. HOSPITAL-HOME CARE-PHYSICIAN COLLABORATIVE INITIATIVES UNDER THIS
SECTION MAY INCLUDE, BUT ARE NOT LIMITED TO:
(A) HOSPITAL-HOME CARE-PHYSICIAN INTEGRATION INITIATIVES, INCLUDING
BUT NOT LIMITED TO:
S. 6358--C 154
(I) TRANSITIONS IN CARE INITIATIVES TO HELP EFFECTIVELY TRANSITION
PATIENTS TO POST-ACUTE CARE AT HOME, COORDINATE FOLLOW-UP CARE AND
ADDRESS ISSUES CRITICAL TO CARE PLAN SUCCESS AND READMISSION AVOIDANCE;
(II) CLINICAL PATHWAYS FOR SPECIFIED CONDITIONS, GUIDING PATIENTS'
PROGRESS AND OUTCOME GOALS, AS WELL AS EFFECTIVE HEALTH SERVICES USE;
(III) APPLICATION OF TELEHEALTH/TELEMEDICINE SERVICES IN MONITORING
AND MANAGING PATIENT CONDITIONS, AND PROMOTING SELF-CARE/MANAGEMENT,
IMPROVED OUTCOMES AND EFFECTIVE SERVICES USE;
(IV) FACILITATION OF PHYSICIAN HOUSE CALLS TO HOMEBOUND PATIENTS
AND/OR TO PATIENTS FOR WHOM SUCH HOME VISITS ARE DETERMINED NECESSARY
AND EFFECTIVE FOR PATIENT CARE MANAGEMENT;
(V) ADDITIONAL MODELS FOR PREVENTION OF AVOIDABLE HOSPITAL READMIS-
SIONS AND EMERGENCY ROOM VISITS;
(VI) HEALTH HOME DEVELOPMENT;
(VII) DEVELOPMENT AND DEMONSTRATION OF NEW MODELS OF INTEGRATED OR
COLLABORATIVE CARE AND CARE MANAGEMENT NOT OTHERWISE ACHIEVABLE THROUGH
EXISTING MODELS; AND
(VIII) BUNDLED PAYMENT DEMONSTRATIONS FOR HOSPITAL-TO-POST-ACUTE-CARE
FOR SPECIFIED CONDITIONS OR CATEGORIES OF CONDITIONS, IN PARTICULAR,
CONDITIONS PREDISPOSED TO HIGH PREVALENCE OF READMISSION, INCLUDING
THOSE CURRENTLY SUBJECT TO FEDERAL/STATE PENALTY, AND OTHER DISCHARGES
WITH EXTENSIVE POST-ACUTE NEEDS;
(B) RECRUITMENT, TRAINING AND RETENTION OF HOSPITAL/HOME CARE DIRECT
CARE STAFF AND PHYSICIANS, IN GEOGRAPHIC OR CLINICAL AREAS OF DEMON-
STRATED NEED. SUCH INITIATIVES MAY INCLUDE, BUT ARE NOT LIMITED TO, THE
FOLLOWING ACTIVITIES:
(I) OUTREACH AND PUBLIC EDUCATION ABOUT THE NEED AND VALUE OF SERVICE
IN HEALTH OCCUPATIONS;
(II) TRAINING/CONTINUING EDUCATION AND REGULATORY FACILITATION FOR
CROSS-TRAINING TO MAXIMIZE FLEXIBILITY IN THE UTILIZATION OF STAFF,
INCLUDING:
(A) TRAINING OF HOSPITAL NURSES IN HOME CARE;
(B) DUAL CERTIFIED NURSE AIDE/HOME HEALTH AIDE CERTIFICATION; AND
(C) DUAL PERSONAL CARE AIDE/HHA CERTIFICATION;
(III) SALARY/BENEFIT ENHANCEMENT;
(IV) CAREER LADDER DEVELOPMENT; AND
(V) OTHER INCENTIVES TO PRACTICE IN SHORTAGE AREAS; AND
(C) HOSPITAL, HOME CARE, PHYSICIAN COLLABORATIVES FOR THE CARE AND
MANAGEMENT OF SPECIAL NEEDS, HIGH-RISK AND HIGH-COST PATIENTS, INCLUDING
BUT NOT LIMITED TO BEST PRACTICES, AND TRAINING AND EDUCATION OF DIRECT
CARE PRACTITIONERS AND SERVICE EMPLOYEES.
5. HOSPITALS AND HOME CARE AGENCIES WHICH ARE PROVIDED FINANCING OR
WAIVERS PURSUANT TO THIS SECTION SHALL REPORT TO THE COMMISSIONER ON THE
PATIENT, SERVICE AND COST EXPERIENCES PURSUANT TO THIS SECTION, INCLUD-
ING THE EXTENT TO WHICH THE PROJECT GOALS ARE ACHIEVED. THE COMMISSIONER
SHALL COMPILE AND MAKE SUCH REPORTS AVAILABLE ON THE DEPARTMENT'S
WEBSITE.
S 86. Subparagraph (i) 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:
(i) The commissioner shall promulgate regulations to implement this
section and to ensure the quality, appropriateness and cost-effective-
ness of the services provided by managed long term care plans. The
commissioner may waive rules and regulations of the department, includ-
ing but not limited to, those pertaining to duplicative requirements
concerning record keeping, boards of directors, staffing and reporting,
S. 6358--C 155
when such waiver will promote the efficient delivery of appropriate,
quality, cost-effective services and when the health, safety and general
welfare of enrollees will not be impaired as a result of such waiver. In
order to achieve managed long term care plan system efficiencies and
coordination and to promote the objectives of high quality, integrated
and cost effective care, the commissioner [may]:
(A) SHALL DEVELOP A LISTING OF THE RESPECTIVE RESPONSIBILITIES FOR THE
PROVISION OF SERVICES UNDER THIS SECTION BY MANAGED LONG TERM CARE PLANS
AND HOME CARE PROVIDERS LICENSED OR CERTIFIED UNDER ARTICLE THIRTY-SIX
OF THIS CHAPTER. SUCH DELINEATION OF PLAN-PROVIDER RESPONSIBILITIES
SHALL INCLUDE, BUT NOT BE LIMITED TO, RESPONSIBILITIES FOR: ENROLLEE
ASSESSMENT; SUPERVISION OF DIRECT CARE PERSONNEL; PROCUREMENT, MAINTE-
NANCE AND UPDATING OF MEDICAL ORDERS; RECORDKEEPING; AND REPORTING. THE
LISTING SHALL PROVIDE FOR CLARITY OF PLAN-PROVIDER RESPONSIBILITY, MINI-
MIZE PLAN-PROVIDER DUPLICATION, RECONCILE ANY CONFLICTING REGULATIONS
AND PROGRAM REQUIREMENTS, AND OTHERWISE STREAMLINE PLAN-PROVIDER DUTIES
REQUIRED UNDER THIS SECTION. THE COMMISSIONER SHALL SEEK THE PARTIC-
IPATION AND ASSISTANCE OF REPRESENTATIVES OF THE HOME CARE WORKGROUP,
MANAGED LONG TERM CARE PLANS, LICENSED HOME CARE SERVICES AGENCIES,
CERTIFIED HOME HEALTH AGENCIES, LONG TERM HOME HEALTH CARE PROGRAMS AND
STATEWIDE ASSOCIATIONS REPRESENTATIVE OF SUCH PLANS AND PROVIDERS IN THE
DELINEATION AND STREAMLINING OF SUCH RESPONSIBILITIES. THE COMMISSIONER
SHALL ISSUE SUCH DELINEATION NO LATER THAN SIXTY DAYS FOLLOWING THE
EFFECTIVE DATE OF THIS CLAUSE; AND
(B) SHALL, IN CONSULTATION WITH THE DEPARTMENT OF FINANCIAL SERVICES,
EXAMINE AND, WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS CLAUSE,
MAKE RECOMMENDATIONS TO THE LEGISLATURE REGARDING THE FEASIBILITY AND
APPROPRIATENESS OF CREATING SYSTEM-WIDE EFFICIENCIES THROUGH ESTABLISH-
MENT OF PAYMENT PRACTICES, INCLUDING BUT NOT LIMITED TO: UNIFORM BILLING
CODES; TIMEFRAMES FOR THE PROVISION OF WRITTEN AUTHORIZATION FOR
SERVICES AND PAYMENT; PAYMENT ASSURANCES FOR SERVICES PROVIDED BASED ON
VERBAL AUTHORIZATION; AND, REQUIREMENTS FOR ELECTRONIC PAYMENT; AND
(C) MAY establish a single coordinated surveillance process, allow for
a comprehensive quality improvement and review process to meet component
quality requirements, and require a uniform cost report. The commission-
er shall require managed long term care plans to utilize quality
improvement measures, based on health outcomes data, for internal quali-
ty assessment processes and may utilize such measures as part of the
single coordinated surveillance process.
S 87. Section 57-c of part A of chapter 56 of the laws of 2013, relat-
ing to establishing the home and community-based care work group, is
amended to read as follows:
S 57-c. Home and community based care workgroup. The commissioner of
health shall convene a home and community based care workgroup to exam-
ine and make recommendations on issues which include, but are not limit-
ed to:
a. State and federal regulatory requirements and related policy guide-
lines (including the applicability of the federal conditions of partic-
ipation);
b. Efficient home and community based care delivery, including tele-
health and hospice services; and
c. Alignment of functions between managed care entities and home and
community based providers.
The workgroup shall be 11 members. The members of the workgroup shall
including providers, plans and representatives of consumers and direct
caregivers with relevant expertise.
S. 6358--C 156
The commissioner of health, or his or her designee shall chair the
workgroup and department of health and other executive agencies and
offices shall provide relevant data and other information as is neces-
sary for the group to perform its duties.
The commissioner of health shall convene this workgroup by May 15,
[2013] 2014 and the group shall issue [a report] PERIODIC REPORTS with
recommendations by March 1, 2014, SEPTEMBER 1, 2014 AND FEBRUARY 28,
2015.
S 88. Subdivision 1 of section 206 of the public health law is amended
by adding two new paragraphs (u) and (v) to read as follows:
(U) THE COMMISSIONER SHALL PROVIDE A WRITTEN OR ELECTRONIC COPY OF ANY
DOCUMENT OR DOCUMENTS SUBMITTED TO THE CENTERS FOR MEDICARE AND MEDICAID
SERVICES RELATED TO THE STATE PLAN AMENDMENT TO THE CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH AND THE CHAIR OF THE ASSEMBLY HEALTH
COMMITTEE, NO LATER THAN FIVE BUSINESS DAYS FROM THE DATE OF MAILING OR
SUBMISSION. SUCH DOCUMENTS MAY INCLUDE, BUT NOT BE LIMITED TO PART OF AN
INITIAL PROPOSAL, AN ONGOING NEGOTIATION, OR ANY WAVIER RENEWAL.
(V) THE COMMISSIONER SHALL PROVIDE AN ANNUAL WRITTEN REPORT TO THE
CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE, THE CHAIR OF THE SENATE STANDING COMMITTEE ON
HEALTH AND THE CHAIR OF THE ASSEMBLY HEALTH COMMITTEE BY NO LATER THAN
THE FIFTEENTH OF JANUARY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
TO: THE NUMBER OF HOSPITAL CLOSURES, SERVICE DELIVERY CHANGES, MERGERS,
ACQUISITIONS, AND DOWNSIZING. THE REPORT SHALL ALSO INCLUDE A
DESCRIPTION OF THE EFFECT OF SUCH CHANGES ON THE LOCAL HEALTH CARE
DELIVERY SYSTEM, AND ANY OTHER INFORMATION DEEMED NECESSARY AND APPRO-
PRIATE.
S 89. 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, is amended by
adding a new subdivision 6 to read as follows:
6. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIVISION OF
THE BUDGET SHALL, UPON SUBMISSION OF THE EXECUTIVE BUDGET TO THE LEGIS-
LATURE, PROVIDE A DETAILED ACCOUNTING OF THE STATE MEDICAID GLOBAL CAP
ON THE CLOSE OUT OF THE PRIOR YEAR, A CURRENT YEAR RE-ESTIMATE, THE
PROSPECTIVE FIVE-YEAR ESTIMATE AND ANY OTHER INFORMATION DEEMED NECES-
SARY AND APPROPRIATE.
S 89-a. The state finance law is amended by adding a new section
97-xxxx to read as follows:
S 97-XXXX. STATE HEALTH INNOVATION PLAN ACCOUNT. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF THE DEPARTMENT OF HEALTH AN ACCOUNT OF THE MISCELLANEOUS
SPECIAL REVENUE FUND TO BE KNOWN AS THE STATE HEALTH INNOVATION PLAN
ACCOUNT.
2. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
THE STATE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO RECEIVE FOR
DEPOSIT TO THE CREDIT OF THE STATE HEALTH INNOVATION PLAN ACCOUNT,
MONIES RECEIVED PURSUANT TO THE STATE INNOVATION MODEL INITIATIVE FROM
THE CENTERS FOR MEDICARE AND MEDICAID INNOVATION.
3. MONEYS OF THIS ACCOUNT, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE AVAILABLE TO THE DEPARTMENT OF HEALTH FOR SERVICES AND EXPENSES
OF THE STATE HEALTH INNOVATION PLAN.
S 90. 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
S. 6358--C 157
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 91. 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 four and five 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;
3-a. the amendments made to subdivision 9 of section 367-a of the
social services law by sections seventy and seventy-one of this act
shall not affect the expiration of such subdivision and shall be deemed
expired 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;
6. the amendments to section 364-j of the social services law made by
sections two and forty-nine of this act shall not affect the repeal of
such section and shall be deemed repealed therewith;
7. 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;
8. the amendments to section 4403-g of the public health law made by
section twenty-seven-g of this act shall not affect the repeal of such
paragraph and shall be deemed repealed therewith;
9. the amendments to subdivisions (a) and (b) of section 364-jj of the
social services law made by section thirty-nine of this act shall not
affect the expiration of such section and shall be deemed expired there-
with;
9-a. sections twenty-seven-e and twenty-seven-f of this act shall
take effect October 1, 2014; provided however that the commissioner of
health shall convene the workgroup referenced in subdivision 6 of
section 3612 of the public health law, as added by section twenty-sev-
en-f of this act, as soon as practicable; provided further that the
commissioner of education shall adopt or amend regulations, and may
adopt emergency regulations as necessary to implement the provisions of
paragraph l of subdivision 1 of section 6908 of the education law by
such effective date; and provided, further, that the lack of recommenda-
tions from the workgroup established pursuant to such subdivision six of
section 3612 of the public health law shall not prevent the commissioner
of health from implementing the memorandum of understanding;
9-b. section six of this act shall take effect March 27, 2015;
9-c. section thirty-five of this act shall expire and be deemed
repealed March 31, 2015;
9-d. section twelve of this act, and any rules or regulations promul-
gated pursuant thereto, shall expire and be deemed repealed March 31,
2017;
S. 6358--C 158
9-e. section forty-seven of this act shall expire and be deemed
repealed March 31, 2015;
10. the amendments to subdivision 4 of section 365-h of the social
services law made by section seventy-eight of this act shall not affect
the expiration and reversion of such section and shall be deemed to
expire therewith;
11. the amendments to section 364-j of the social services law made by
section eighty-two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
12. section eighty-three of this act shall be deemed repealed April 1,
2017;
13. the amendments to section 4403-f of the public health law made by
section eighty-six of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
14. 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;
15. 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; and
16. 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
Section 1. Subparagraph (iv) 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 and a new subparagraph (v) is added to read as
follows:
(iv) the furnishing of nursing assistance in case of an emergency; OR
(V) TASKS PROVIDED BY A DIRECT SUPPORT STAFF IN PROGRAMS FUNDED,
AUTHORIZED OR APPROVED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
BILITIES, WHEN PERFORMED UNDER THE SUPERVISION OF A REGISTERED PROFES-
SIONAL NURSE, INCLUDING MINIMUM STANDARDS OF TRAINING ON THE TASKS TO BE
ASSIGNED AND PERIODIC INSPECTION OF SUCH TASKS, IN ACCORDANCE WITH AN
AUTHORIZED PRACTITIONER'S ORDERED CARE, WHEREBY THE SUPERVISING REGIS-
TERED PROFESSIONAL NURSE ACCEPTS LIABILITY FOR THE ASSIGNED TASKS
PERFORMED BY DIRECT SUPPORT STAFF UNDER HIS OR HER SUPERVISION, AND
PURSUANT TO A MEMORANDUM OF UNDERSTANDING BETWEEN THE OFFICE OF PEOPLE
WITH DEVELOPMENTAL DISABILITIES AND THE DEPARTMENT WHICH SHALL INCLUDE,
AT A MINIMUM, THE SPECIFIC TASKS THAT DIRECT SUPPORT STAFF MAY PERFORM
AND THE SETTINGS IN WHICH SUCH TASKS MAY BE PERFORMED, PROVIDED HOWEVER
IN NO CASE WILL A REGISTERED PROFESSIONAL NURSE ALLOW DIRECT SUPPORT
STAFF TO PERFORM A NURSING PROCEDURE THAT IS OUTSIDE THE SCOPE OF PRAC-
TICE OF A LICENSED PRACTICAL NURSE;
S 2. This act shall take effect immediately.
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
S. 6358--C 159
operated by an office of the department of mental hygiene, is amended to
read as follows:
S 3. This act shall take effect immediately; and shall expire and be
deemed repealed June 30, [2014] 2015.
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 13.40 of the mental hygiene law is amended by
adding a new subdivision (h) to read as follows:
(H) THE COMMISSIONER AND THE COMMISSIONER OF HEALTH SHALL JOINTLY
ESTABLISH THE MANAGED CARE FOR PERSONS WITH DEVELOPMENTAL DISABILITIES
ADVOCACY PROGRAM, HEREINAFTER REFERRED TO AS THE ADVOCACY PROGRAM. THE
ADVOCACY PROGRAM SHALL BE INTEGRATED WITH AND PROVIDED IN ADDITION TO
INDEPENDENT MEDICAID MANAGED CARE OMBUDS SERVICES PROVIDED TO PERSONS
WITH DISABILITIES ENROLLING IN MEDICAID MANAGED CARE. THE ADVOCACY
PROGRAM SHALL: ADVISE INDIVIDUALS OF APPLICABLE RIGHTS AND RESPONSIBIL-
ITIES, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO TREATMENT, PERSON
CENTERED CARE, CARE IN THE MOST INTEGRATED SETTING, AND THE RIGHT TO
CONTEST DECISIONS MADE BY A MANAGED CARE COMPANY; PROVIDE INFORMATION,
REFERRALS AND TECHNICAL ASSISTANCE TO ADDRESS THE NEEDS OF INDIVIDUALS
WITH DISABILITIES; AND PURSUE LEGAL, ADMINISTRATIVE AND OTHER APPROPRI-
ATE REMEDIES OR APPROACHES TO ENSURE THE PROTECTION OF AND ADVOCACY FOR
THE RIGHTS OF THE ENROLLEES. THE ADVOCACY PROGRAM SHALL ALSO PROVIDE
SUPPORT TO ELIGIBLE INDIVIDUALS ENROLLING IN DISCOS, HMOS PROVIDING
SERVICES PURSUANT TO SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED
S. 6358--C 160
THREE OF THE PUBLIC HEALTH LAW, MANAGED LONG TERM CARE PLANS PROVIDING
SERVICES UNDER SUBDIVISIONS TWELVE, THIRTEEN AND FOURTEEN OF SECTION
FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW, FULLY INTEGRATED
DUAL ADVANTAGE PROVIDING SERVICES UNDER SUBDIVISION TWENTY-SEVEN OF
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, AND ANY
OTHER MANAGED CARE ENTITY; SUPPORT DURING THE PERSON-CENTERED PLANNING
PROCESS AND RELATED PROCESSES INCLUDING UPDATES TO THE PERSON-CENTERED
CARE PLAN; AND ASSISTANCE WITH SECURING HOUSING, EMPLOYMENT, AND COMMU-
NITY-BASED SUPPORTS AND SERVICES THAT FALL OUTSIDE OF THE SCOPE OF DISCO
SERVICES AND SUPPORTS.
THE COMMISSIONERS SHALL JOINTLY DESIGNATE AN INDEPENDENT AGENCY OR
ORGANIZATION TO ADMINISTER THE ADVOCACY PROGRAM. SUCH AGENCY SHALL BE
THE AGENCY COORDINATING THE INDEPENDENT MEDICAID MANAGED CARE OMBUDS
SERVICES, OR A SUB-CONTRACTOR OF THAT AGENCY. THE ADVOCACY PROGRAM SHALL
BE ADVISED BY A BOARD, WHOSE MEMBERSHIP SHALL REFLECT REPRESENTATION OF
THE DEVELOPMENTAL DISABILITY POPULATION.
S 2. Nothing in this act is intended to transfer to the developmental
disabilities advocacy program created by subdivision (h) of section
13.40 of the mental hygiene law any current duties, including Medicaid
service coordination, of state employees who are employed by the office
for people with developmental disabilities.
S 3. This act shall take effect April 1, 2015.
PART J
Section 1. The mental hygiene law is amended by adding a new section
13.41 to read as follows:
S 13.41 DIRECT SUPPORT PROFESSIONAL CREDENTIAL PILOT PROGRAM.
(A) THE OFFICE SHALL INITIATE A PROGRAM TO GAIN KNOWLEDGE OF THE
DEVELOPMENTAL DISABILITIES WORKFORCE AND OF RECRUITMENT AND RETENTION
NEEDS THROUGHOUT THE FIELD. THE OFFICE SHALL IMPLEMENT A DIRECT SUPPORT
PROFESSIONAL CREDENTIAL PILOT PROGRAM TO ASSIST INDIVIDUALS IN THE FIELD
OF DIRECT SUPPORT, ADVANCE DIRECT SUPPORT AS A CAREER AND PROFESSIONAL-
IZE THE FIELD TO PROMOTE WORKFORCE RECRUITMENT AND RETENTION, ADVANCE
SKILLS AND COMPETENCIES, AND FURTHER ENSURE THE HEALTH, SAFETY AND
WELLBEING OF THE INDIVIDUALS BEING SERVED.
(B) THERE HEREBY IS CREATED THE DIRECT SUPPORT PROFESSIONAL CREDENTIAL
PILOT PROGRAM WITHIN THE OFFICE TO ASSIST INDIVIDUALS IN THE FIELD
OBTAIN A CREDENTIAL IN THEIR FIELD OF EXPERTISE.
(1) SUCH PILOT PROGRAM SHALL BE ADMINISTERED BY THE OFFICE FOR THREE
YEARS. THE PILOT PROGRAM SHALL INCLUDE STATE-OPERATED FACILITIES AND
NOT-FOR-PROFIT PROVIDERS, LICENSED AND CERTIFIED BY THE OFFICE. THE
PURPOSE OF THE PILOT PROGRAM SHALL BE TO ASSESS HOW THE ESTABLISHMENT OF
A STATE ACCREDITED DIRECT SUPPORT PROFESSIONAL CREDENTIAL: (A) PROMOTES
RECRUITMENT AND RETENTION EFFORTS IN THE DEVELOPMENTAL DISABILITIES
FIELD, NOTABLY THE DIRECT SUPPORT PROFESSIONAL POSITION; (B) ENHANCES
COMPETENCE IN THE DEVELOPMENTAL DISABILITIES FIELD; (C) YIELDS QUALITY
SUPPORTS AND SERVICES TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND (D) ADVANCES THE HEALTH AND SAFETY REQUIREMENTS SET FORTH BY THE
STATE.
(2) THE OFFICE IN ADMINISTERING THE PILOT PROGRAM SHALL CONSIDER, BUT
NOT BE LIMITED TO:
(A) BEST PRACTICES LEARNING INITIATIVES, INCLUDING THE UNIVERSITY OF
MINNESOTA'S COLLEGE OF DIRECT SUPPORT AND NEW YORK STATE DIRECT SUPPORT
PROFESSIONAL COMPETENCIES;
S. 6358--C 161
(B) NATIONAL DIRECT SUPPORT PROFESSIONAL COMPETENCIES OR CREDENTIALING
BASED STANDARDS AND TRAININGS;
(C) FACILITATING DIRECT SUPPORT PROFESSIONALS PORTFOLIO DEVELOPMENT;
(D) THE ROLE AND VALUE OF SKILL MENTORS; AND
(E) CREATING A CAREER LADDER.
(3) "DIRECT SUPPORT PROFESSIONAL CREDENTIAL" MEANS THE DOCUMENT ISSUED
TO AN INDIVIDUAL BY THE OFFICE OR BY AN ACCREDITING BODY AUTHORIZED,
APPROVED OR RECOGNIZED BY THE COMMISSIONER ATTESTING THAT SUCH INDIVID-
UAL HAS MET THE PROFESSIONAL REQUIREMENTS OF THE CREDENTIALING PROGRAM
BY THE OFFICE.
(4) THE OFFICE SHALL PRODUCE A REPORT TO BE PROVIDED TO THE LEGISLA-
TURE BY OCTOBER FIRST, TWO THOUSAND SEVENTEEN, DETAILING THE PROGRESS OF
THE PILOT PROGRAM. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE RATE OF RECRUITMENT AND RETENTION FOR DIRECT SUPPORT PROFES-
SIONALS OF PROVIDERS PARTICIPATING IN THE PILOT PROGRAM COMPARED TO THE
RATE FOR NON-PARTICIPATING PROVIDERS;
(B) THE NUMBER OF DIRECT SUPPORT PROFESSIONALS CREDENTIALED; AND
(C) THE ENHANCEMENT OF QUALITY SUPPORTS AND SERVICES TO INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed April
30, 2018.
PART K
Section 1. No state operated facility, as listed in section 7.17 of
the mental hygiene law, shall experience any significant service
reductions by the department of mental hygiene pursuant to this act,
prior to January 1, 2016.
S 2. The office of mental health shall commission an independent study
on the impact of the expanded investments in community mental health
services aimed at containing costs, building infrastructure and improv-
ing service effectiveness for children and adolescents and adults. This
study shall examine individual, provider and system-level outcomes.
Measures of access to services, appropriateness of services, individual
outcomes and consumer and family satisfaction shall be reported. A
report shall be provided to the executive and legislature by December
31, 2015. The entity conducting the study shall be afforded the full
cooperation of the office of mental health.
S 3. Paragraph 3 of subdivision (e) of section 7.17 of the mental
hygiene law, as amended by chapter 83 of the laws of 1995, is amended to
read as follows:
3. provide for a mechanism which may reasonably be expected to provide
notice to local governments, community organizations, employee labor
organizations, managerial and confidential employees, consumer and advo-
cacy groups of the potential for significant service reductions at such
state-operated hospitals and state-operated research institutes at least
twelve months AND AT MOST ONE YEAR AND ONE MONTH prior to commencing
such service reduction, provided, however, that this requirement shall
be deemed satisfied with respect to reductions at Central Islip Psychi-
atric Center, Gowanda Psychiatric Center, Harlem Valley Psychiatric
Center, Kings Park Psychiatric Center, Willard Psychiatric Center and
Manhattan Children's Psychiatric Center; and
S 4. This act shall take effect immediately.
PART L
S. 6358--C 162
Section 1. The mental hygiene law is amended by adding a new section
13.41 to read as follows:
S 13.41 INTEGRATED EMPLOYMENT, ECONOMIC DEVELOPMENT AND SAFETY NET
SYSTEM.
(A) AS USED IN THIS SECTION, "INTEGRATED EMPLOYMENT CENTER" MEANS A
FACILITY IN WHICH INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES AND
NON-DISABLED WORKERS ARE EMPLOYED AND IN WHICH THE NUMBER OF NON-DISA-
BLED WORKERS, EXCLUDING THOSE PAID TO PROVIDE CARE AND SUPERVISION TO
THE INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES COMPLIES WITH 41 U.S.C.
S 8501(6)(C).
(B)(1) THE COMMISSIONER, IN COLLABORATION WITH THE DEVELOPMENTAL DISA-
BILITIES ADVISORY COUNCIL, SHALL ESTABLISH A PLAN SETTING FORTH THE
REQUIREMENTS AND A TIMETABLE FOR THE IMPLEMENTATION OF THIS SECTION.
SUCH PLAN AND TIMETABLE SHALL BE SUBMITTED TO THE TEMPORARY PRESIDENT OF
THE SENATE AND THE SPEAKER OF THE ASSEMBLY WITHIN THIRTY DAYS OF THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES' APPROVAL OF THE PLAN TO
INCREASE COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES.
(2) THE PLAN ESTABLISHED PURSUANT TO THIS SECTION SHALL INCLUDE, BUT
NOT BE LIMITED TO:
A. THE IDENTIFICATION OF EXISTING EMPLOYMENT OPPORTUNITIES FOR THE
DEVELOPMENTALLY DISABLED THROUGHOUT THE STATE, AND DATA RELATED TO
EMPLOYMENT OPPORTUNITIES, UNEMPLOYMENT RATES AND GAPS IN THE SPECTRUM OF
EMPLOYMENT BY GEOGRAPHIC AREA;
B. RECOMMENDATIONS TO RETAIN AN ARRAY OF INTEGRATED SUPPORTED ENVIRON-
MENTS WITH CONSIDERATIONS INCLUDING, BUT NOT LIMITED TO, ABILITY LEVELS,
CRITICAL LIFE TRANSITIONS AND APPROPRIATE OPTIONS;
C. TECHNICAL ASSISTANCE, COMPLIANCE ASSISTANCE AND TRANSITION ASSIST-
ANCE PROCEDURES FOR EXISTING PROVIDERS IN THEIR TRANSITION TO INTEGRATED
SUPPORTED ENVIRONMENTS;
D. A TRANSITION PLAN FOR EXISTING SHELTERED WORKSHOP PROVIDERS TO
TRANSFORM SUCH PROGRAMS INTO INTEGRATED EMPLOYMENT CENTERS IN ORDER FOR
CURRENT AND FUTURE ENROLLEES TO REMAIN ELIGIBLE FOR HOME AND COMMUNITY
BASED SERVICES WAIVER FUNDING;
E. ASSESSMENTS OF FUNDING AND NECESSARY SUPPORTS TO INCREASE THE
NUMBER OF STUDENTS TO TRANSITION FROM SPECIAL EDUCATION PROGRAMS TO
INTEGRATED AND COMPETITIVE EMPLOYMENT IN THE COMMUNITY;
F. RECOMMENDATIONS TO REALIGN, REDIRECT AND ENHANCE, AS NECESSARY,
FUNDING FOR INTEGRATED SUPPORT ENVIRONMENTS SUCH THAT INDIVIDUALS WITH
MORE SIGNIFICANT DISABILITIES, INCLUDING MANY INDIVIDUALS SERVED IN
SHELTERED WORKSHOPS, CAN PARTICIPATE IN SUPPORTED WORK;
G. THE IDENTIFICATION OF NEW TAX INCENTIVES OR EXISTING TAX INCENTIVES
THAT, WITH APPROPRIATE AMENDMENT, WILL ENCOURAGE EXISTING BUSINESSES TO
EMPLOY INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, AND
WILL HELP FOSTER THE START-UP OR EXPANSION OF BUSINESSES OWNED OR
CONTROLLED BY INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
H. AN EVALUATION OF THE NEEDS OF INDIVIDUALS WITH DEVELOPMENTAL DISA-
BILITIES WITHIN RURAL COUNTIES AS DEFINED BY SECTION FOUR HUNDRED EIGHT-
Y-ONE OF THE EXECUTIVE LAW, WITH CONSIDERATIONS OF APPROPRIATE OPTIONS,
AVAILABILITY OF EMPLOYMENT OPPORTUNITIES AND UNEMPLOYMENT RATES;
I. RECOMMENDATIONS TO RETAIN A COMPREHENSIVE SPECTRUM OF EMPLOYMENT
OPPORTUNITIES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES WITHIN
RURAL COUNTIES;
J. THE IDENTIFICATION OF ANY REGULATION, REGULATORY CHANGE OR GUIDANCE
TO EFFECTUATE THE PURPOSES OF THIS SECTION; AND
S. 6358--C 163
K. A RECOMMENDATION OF THE AMOUNT OF MONIES TO BE APPROPRIATED TO
FACILITATE THE PURPOSES OF SUCH PLAN.
(3) PROGRAMS DEVELOPED IN ACCORDANCE WITH THE COMMISSIONER'S PLAN
PURSUANT TO THIS SUBDIVISION SHALL, TO THE MAXIMUM EXTENT PRACTICABLE,
CONTINUE TO BE ELIGIBLE FOR MEDICAL ASSISTANCE FUNDING.
(4) THE COMMISSIONER, IN CONJUNCTION WITH THE COMMISSIONER OF TRANS-
PORTATION, AND IN CONSULTATION WITH OTHER HUMAN SERVICE AGENCIES, SHALL
DELIVER A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST, TWO THOUSAND
FIFTEEN, PROVIDING RECOMMENDATIONS TO ESTABLISH RURAL INTEGRATED TRANS-
PORTATION DEMONSTRATION PROGRAMS. SUCH REPORT SHALL ADDRESS ANY REGULA-
TORY OR STATUTORY CHANGES NECESSARY TO EFFECTUATE SUCH DEMONSTRATION
PROGRAMS. THE REPORT SHALL ADDRESS HOW PARTICIPATING HUMAN SERVICE AGEN-
CIES OPERATING TRANSPORTATION SERVICES COULD INTRODUCE TRANSPORTATION
OPPORTUNITIES FOR ELIGIBLE RIDERS THROUGH COORDINATION OF EXISTING
TRANSPORTATION SERVICES IN RURAL COUNTIES, PARTICULARLY FOR INDIVIDUALS
WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES SEEKING OPPORTUNITIES
FOR INTEGRATED EMPLOYMENT. THE REPORT SHALL EXAMINE HOW HUMAN SERVICE
AGENCIES MAY PROVIDE COORDINATED TRANSPORTATION SERVICES TO OTHER HUMAN
SERVICE AGENCY RIDERS UNLESS SUCH TRANSPORTATION SERVICES ARE OPEN TO
THE PUBLIC. THE COMMISSIONER, IN PROVIDING RECOMMENDATIONS, SHALL
CONSIDER THE AVAILABILITY OF PUBLIC TRANSPORTATION, PUBLIC SAFETY
CONCERNS AND DUPLICATION OF SERVICES.
S 2. This act shall take effect immediately.
PART M
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, WITHIN THE STATE OR OUT OF STATE, by a school district pursu-
ant 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
or residential education placement where they had received transitional
care].
S. 6358--C 164
S 2. Section 13.38 of the mental hygiene law, as amended by chapter
405 of the laws of 1998, is amended to read as follows:
S 13.38 Additional duties of the office with respect to persons receiv-
ing transitional care.
(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.
(b) 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 in transitional care
receive assistance in locating appropriate and available placements
within the adult care systems supervised or funded by the office, and to
monitor the health and safety of persons receiving transitional
funding pursuant to section 13.37-a of this article. In connection with
the plans and procedures, the office shall establish standards governing
the quality of care provided to such persons by the residential
programs, including standards relating to the development and monitoring
of written individual services plans for each such person, the
involvement of the individual and, unless the individual objects,
parents, guardians or other persons interested in the care of such
persons in the development of written individual services plans, and
the investigation of complaints relating to the quality of care or
services provided to such persons. In appropriate circumstances, the
office shall work with the individual and, unless the individual
objects, the parents, guardians or other family members to help deter-
mine what services would be necessary to enable the family to provide
care for the person at their home or in an independent community
setting, and shall provide or assist in arranging for those services to
the extent funds are available for that purpose.
(c) The office shall enter into a memorandum of understanding with the
department of social services to facilitate access by the office to
child care facilities providing transitional care to young adults as may
be necessary for the office to meet its responsibilities for monitoring
the care of the young adults.
(d) The office shall enter into memorandums of understanding with the
department of social services and the state education department to
address any requirements of those departments relating to the removal of
any person receiving transitional care from a child care facility or
residential school whose continuation in such facility or school may
adversely affect the health, safety or welfare of children residing in
the facility or school. The memorandum shall set forth the procedures
the office will follow in offering a placement or services in the adult
S. 6358--C 165
care system, if necessary and appropriate, on an expedited basis, or any
other procedures for assuring alternative care and services are avail-
able to the young adult, and the manner in which the department of
social services or state education department will be informed of the
progress of those efforts.
(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 another individual who has been involved in the care of
the person and who can represent the person's interests, of the avail-
ability of an administrative appeal to review the determination, and of
the need to request such an appeal within thirty days of the notice. If
the person, guardian or other individual requests an administrative
appeal within the time required, the office shall schedule a hearing and
the commissioner or his or her designee shall issue a determination
within thirty days of the adjournment of the hearing, on whether the
adult placement identified by the office is appropriate to the needs of
the person and is available or will become available on an identified
date certain. THE COMMISSIONER'S DECISION IS THE FINAL ADMINISTRATIVE
REMEDY AVAILABLE AND MAY BE APPEALED IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
(F) If the person, guardian or other individual does not request a
hearing within the time required, or if the hearing results in a deter-
mination that the proposed adult services or placement 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.
[(f)] (G) In any case where an individual receiving transitional care
is about to be transferred from one facility to another, a transfer
plan shall be prepared by the sending facility and forwarded to the
receiving facility, the individual and, unless the individual objects,
the parents, guardian or other family members prior to the transfer. The
transfer plan shall include any information necessary to facilitate a
safe transfer, such as specific problems, a schedule for administering
medications and behavior unique to the individual.
[(g)] (H) The office may make payments necessary to maintain indi-
viduals described in subdivision (a) of this section in a child care
facility or residential school on an emergency basis where circumstances
temporarily prevent the transfer of individuals to adult services or
placements.
S 3. This act shall take effect immediately.
PART N
Section 1. Section 1.03 of the mental hygiene law is amended by
adding a new subdivision 59 to read as follows:
59. "COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES" SHALL MEAN THE
FOLLOWING PERSON-CENTERED AND EVIDENCE-BASED SERVICES FOR PERSONS WITH
SERIOUS MENTAL ILLNESS, INCLUDING CHILDREN AND ADOLESCENTS AND ADULTS
WITH SERIOUS EMOTIONAL DISTURBANCES AND CO-OCCURRING DISORDERS, AS
DEFINED ELSEWHERE IN THIS CHAPTER:
(A) EMERGENCY AND CRISIS SERVICES PROVIDED IN A PROGRAM LICENSED,
CERTIFIED, OPERATED, OR FUNDED BY THE OFFICE;
S. 6358--C 166
(B) CASE MANAGEMENT AND INTENSIVE CASE MANAGEMENT SERVICES;
(C) OUTPATIENT SERVICES WHICH PROVIDE AN ADEQUATE LEVEL OF TREATMENT
AND REHABILITATION TO PERSONS LIVING WITH MENTAL ILLNESS PROVIDED IN A
PROGRAM LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE;
(D) RESIDENTIAL SERVICES, OTHER THAN INPATIENT SERVICES, PROVIDED IN
PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY THE OFFICE, WHICH
MAY INCLUDE, BUT ARE NOT LIMITED TO, COMMUNITY RESIDENCES, RESIDENTIAL
CARE CENTERS FOR ADULTS, FAMILY CARE HOMES, CRISIS RESIDENCE OR
SUPPORTED HOUSING;
(E) COMMUNITY SUPPORT SERVICES AS DEFINED IN SUBDIVISION THIRTEEN OF
SECTION 41.03 OF THIS CHAPTER;
(F) OTHER SUPPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, PSYCHIATRIC
REHABILITATION, CLIENT ADVOCACY, SUPPORTED EMPLOYMENT, CONSUMER
SELF-HELP, FAMILY SUPPORT, PEER SUPPORT AND VOCATIONAL TRAINING AS
APPROVED BY THE OFFICE;
(G) SERVICES FOR SPECIAL POPULATIONS INCLUDING THOSE LIVING WITH
MENTAL ILLNESSES AND HOMELESSNESS, CO-OCCURRING SUBSTANCE ABUSE DISOR-
DERS, AND/OR PHYSICAL DISABILITIES THAT MAY IMPEDE RECOVERY FROM MENTAL
ILLNESS, PROVIDED BY PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED BY
THE OFFICE; AND
(H) ANY OTHER SERVICES THAT MEET THE NEEDS OF CHILDREN AND ADOLESCENTS
AND ADULTS PROVIDED BY PROGRAMS LICENSED, CERTIFIED, OPERATED OR FUNDED
BY THE OFFICE.
S 2. Subdivision (a) of section 7.15 of the mental hygiene law, as
amended by section 3 of part I of chapter 58 of the laws of 2005, is
amended to read as follows:
(a) The commissioner shall plan, promote, establish, develop, coordi-
nate, evaluate, and conduct programs and services of prevention, diagno-
sis, examination, care, treatment, rehabilitation, training, and
research for the benefit of the mentally ill. Such programs shall
include but not be limited to in-patient, out-patient, partial hospital-
ization, day care, emergency, rehabilitative, COMMUNITY MENTAL HEALTH
REINVESTMENT SERVICES PURSUANT TO SECTION 41.55 OF THIS CHAPTER, and
other appropriate treatments and services. He or she shall take all
actions that are necessary, desirable, or proper to implement the
purposes of this chapter and to carry out the purposes and objectives of
the department within the amounts made available therefor by appropri-
ation, grant, gift, devise, bequest, or allocation from the mental
health services fund established under section ninety-seven-f of the
state finance law.
S 3. Subdivision (a) of section 41.13 of the mental hygiene law is
amended by adding a new paragraph 17 to read as follows:
17. THE OFFICE OF MENTAL HEALTH SHALL ALSO BE RESPONSIBLE FOR SUCH
PROGRAM DEVELOPMENT RELATING TO COMMUNITY MENTAL HEALTH REINVESTMENT
SERVICES IN AREAS WHERE THE RESPONSIBLE LOCAL GOVERNMENT UNIT DOES NOT
RECEIVE A GRANT OF STATE AID SPECIFICALLY FOR THE PURPOSE OF FUNDING
COMMUNITY MENTAL HEALTH REINVESTMENT SERVICES PURSUANT TO THIS CHAPTER.
S 4. Subdivisions (b), (e) and (h) of section 41.55 of the mental
hygiene law, subdivisions (b) and (h) as added by section 2 of part R2
of chapter 62 of the laws of 2003, subdivision (e) as amended by section
3 of part C of chapter 111 of the laws of 2010 and subdivision (h) as
relettered by section 4 of part C of chapter 111 of the laws of 2010,
are amended to read as follows:
(b) Amounts provided pursuant to this section shall only be used to
fund COMMUNITY mental health REINVESTMENT SERVICES, MENTAL HEALTH work-
force related activities, including recruitment and retention initi-
S. 6358--C 167
atives and training programs, and other general programmatic activities
to help ensure a stable mental health system. Such grants and other
funds shall not be used for capital costs associated with the develop-
ment of community mental health support and workforce reinvestment
services.
(e) The amount of community mental health support and workforce rein-
vestment funds for the office of mental health shall be determined in
the annual budget and shall include the amount of actual state oper-
ations general fund appropriation reductions, including personal service
savings and other than personal service savings directly attributed to
each child and adult non-geriatric inpatient bed closure. For the
purposes of this section a bed shall be considered to be closed upon the
elimination of funding for such beds in the executive budget. The
appropriation reductions as a result of inpatient bed closures shall be
no less than [seventy] THE GREATER OF ONE HUNDRED PERCENT OF THE CALCU-
LATED VALUE OF SAVINGS PER BED OR ONE HUNDRED TEN thousand dollars per
bed on a full annual basis, as annually [recommended] CALCULATED by the
commissioner, subject to the approval of the director of the budget, in
the executive budget request prior to the fiscal year for which the
executive budget is being submitted. The methodologies used to calculate
the per bed closure savings shall be developed by the commissioner and
the director of the budget. In no event shall the full annual value of
community mental health support and workforce reinvestment programs
attributable to beds closed as a result of net inpatient census decline
exceed the twelve month value of the office of mental health state oper-
ations general fund reductions resulting from such census decline. Such
reinvestment amount shall be made available in the same proportion by
which the office of mental health's state operations general fund appro-
priations are reduced each year as a result of child and adult non-ger-
iatric inpatient bed closures due to census decline.
(h) Amounts made available to the community mental health support and
workforce reinvestment program of the office of mental health shall be
subject to annual appropriations therefor. Up to fifteen percent of the
amounts so appropriated shall be made available for STAFF TRAINING,
staffing at state mental health facilities, OR TO AID IN WORKFORCE TRAN-
SITION and at least seven percent of the remaining funds may be allo-
cated for state operated community services pursuant to this section.
S 5. Subdivision 2 of section 97-dddd of the state finance law, as
added by section 6 of part R2 of chapter 62 of the laws of 2003, is
amended to read as follows:
2. The commissioner of the office of mental health shall notify the
director of the budget when the number of children's psychiatric center
beds or adult, non-geriatric psychiatric center beds closed in any one
year exceeds the number of beds projected to be closed by the office of
mental health in the executive budget request submitted in the year
prior to the fiscal year for which the executive budget is being submit-
ted. Notwithstanding any other law, rule or regulation to the contrary
the director of the budget shall then transfer the amount of actual
state operations general fund appropriation reductions, including
personal service and nonpersonal service, directly attributed to the
closure of such beds, to the state comptroller who shall then credit
such appropriation reductions to the community mental health support and
workforce reinvestment account. The per bed appropriation reduction
shall be no less than [seventy] THE GREATER OF ONE HUNDRED PERCENT OF
THE CALCULATED VALUE OF SAVINGS PER BED OR ONE HUNDRED TEN thousand
dollars on a full annual basis.
S. 6358--C 168
S 6. 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 commu-
nity mental health support and workforce reinvestment program, the
membership of subcommittees for mental health of community services
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 when upon such date the provisions of this act shall be deemed
repealed].
S 7. This act shall take effect January 1, 2016; provided that section
six of this act shall take effect immediately.
PART O
Section 1. The opening paragraph of section 13.13 of the mental
hygiene law is designated subdivision (a) and a new subdivision (b) is
added to read as follows:
(B) PRIOR TO THE TRANSFER OF ANY PERSON FROM A FACILITY OPERATED BY
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO A COMMUNITY
PROGRAM OR RESIDENCE, THE LOCAL GOVERNMENT UNIT, AS DEFINED IN ARTICLE
FORTY-ONE OF THIS CHAPTER, SHALL BE NOTIFIED OF SUCH TRANSFER AND IF
REQUESTED BY THE LOCAL GOVERNMENTAL UNIT, THE COMMISSIONER SHALL CONSULT
WITH THE LOCAL GOVERNMENTAL UNIT TO ASSURE THAT SUCH TRANSFER IS MADE IN
ACCORDANCE WITH THE APPROPRIATE LOCAL PLAN.
S 2. This act shall take effect immediately.
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 O of this act shall be
as specifically set forth in the last section of such Parts.