S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10221--A
 
                           I N  A S S E M B L Y
 
                              March 26, 2018
                                ___________
 
 Introduced  by  M. of A. GOTTFRIED, D'URSO -- (at request of the Depart-
   ment of Health) -- read once and referred to the Committee  on  Health
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend chapter 426 of the laws of  1983,  amending  the  public
   health   law  relating  to  professional  misconduct  proceedings,  in
   relation to the effectiveness of certain provisions thereof; to  amend
   chapter 582 of the laws of 1984, amending the public health law relat-
   ing  to regulating activities of physicians, in relation to the effec-
   tiveness of certain provisions thereof; to  amend  the  public  health
   law,  in  relation  to  extending  the demonstration period in certain
   physician committees; to amend chapter 57 of the laws of 2015,  amend-
   ing  the  social services law and other laws relating to energy audits
   and/or disaster preparedness reviews of residential healthcare facili-
   ties by the commissioner, in relation to the effectiveness of  certain
   provisions  thereof; to amend chapter 81 of the laws of 1995, amending
   the public health law and other laws relating to medical reimbursement
   and welfare reform, in relation  to  extending  the  effectiveness  of
   certain  provisions  thereof;  and  to amend chapter 60 of the laws of
   2014, amending the social services law relating to  eliminating  pres-
   criber  prevails  for  brand  name  drugs with generic equivalents, in
   relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 5 of chapter 426 of the laws of 1983, amending the
 public health law relating to professional  misconduct  proceedings,  as
 amended  by  section  22 of part B of chapter 56 of the laws of 2013, is
 amended to read as follows:
   § 5. This act shall take effect June 1, 1983 and shall remain in  full
 force and effect until [March 31, 2018] JULY 1, 2023.
   § 2. Section 5 of chapter 582 of the laws of 1984, amending the public
 health  law  relating to regulating activities of physicians, as amended
 by section 23 of part B of chapter 56 of the laws of 2013, is amended to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14386-03-8

 A. 10221--A                         2
 
   § 5. This act shall take effect immediately, provided however that the
 provisions of this act shall remain  in  full  force  and  effect  until
 [March  31,  2018] JULY 1, 2023 at which time the provisions of this act
 shall be deemed to be repealed.
   §  3.  Subparagraph (ii) of paragraph (c) of subdivision 11 of section
 230 of the public health law, as amended by section 5-c of part T  of  a
 chapter  of the laws of 2018, amending the public health law relating to
 participation and membership in a demonstration period  as  proposed  in
 legislative  bill numbers S. 7507-C and A. 9507-C, is amended to read as
 follows:
   (ii) Participation and membership during a  three  year  demonstration
 period  in  a physician committee of the Medical Society of the State of
 New York or the New York State Osteopathic Society whose purpose  is  to
 confront and refer to treatment physicians who are thought to be suffer-
 ing  from  alcoholism, drug abuse, or mental illness. Such demonstration
 period shall commence on April first, nineteen hundred eighty and termi-
 nate on May thirty-first, nineteen hundred eighty-three.  An  additional
 demonstration  period  shall  commence  on  June first, nineteen hundred
 eighty-three and  terminate  on  March  thirty-first,  nineteen  hundred
 eighty-six.  An  additional demonstration period shall commence on April
 first, nineteen hundred eighty-six and terminate on March  thirty-first,
 nineteen  hundred  eighty-nine. An additional demonstration period shall
 commence April first, nineteen hundred eighty-nine and  terminate  March
 thirty-first,  nineteen  hundred ninety-two. An additional demonstration
 period shall commence  April  first,  nineteen  hundred  ninety-two  and
 terminate  March  thirty-first,  nineteen  hundred ninety-five. An addi-
 tional demonstration period shall  commence  on  April  first,  nineteen
 hundred  ninety-five  and  terminate  on  March  thirty-first,  nineteen
 hundred ninety-eight. An additional demonstration period shall  commence
 on  April  first,  nineteen  hundred ninety-eight and terminate on March
 thirty-first, two thousand three.  An  additional  demonstration  period
 shall commence on April first, two thousand three and terminate on March
 thirty-first,  two thousand thirteen. An additional demonstration period
 shall commence April first, two thousand thirteen and terminate on March
 thirty-first, two thousand eighteen. An additional demonstration  period
 shall  commence  April  first,  two  thousand  eighteen and terminate on
 [March thirty-first] JULY FIRST,  two  thousand  twenty-three  provided,
 however,  that  the  commissioner  may  prescribe  requirements  for the
 continuation of such demonstration program, including  periodic  reviews
 of  such  programs  and  submission of any reports and data necessary to
 permit such reviews. During these additional periods, the provisions  of
 this  subparagraph shall also apply to a physician committee of a county
 medical society.
   § 4. Subdivision 5 of section 60 of part B of chapter 57 of  the  laws
 of  2015,  amending  the  social services law and other laws relating to
 energy  audits  and/or  disaster  preparedness  reviews  of  residential
 healthcare  facilities  by  the  commissioner,  is  amended  to  read as
 follows:
   5. section thirty-eight  of  this  act  shall  expire  and  be  deemed
 repealed [March 31, 2018] JULY 1, 2021;
   §  5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
 amending the public health  law  and  other  laws  relating  to  medical
 reimbursement  and  welfare reform, as amended by chapter 49 of the laws
 of 2017, is amended to read as follows:
   12. Sections one hundred five-b through one hundred five-f of this act
 shall expire June 30, [2018] 2019.

 A. 10221--A                         3
 
   § 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
 of 2014, amending the social services law relating to eliminating  pres-
 criber prevails for brand name drugs with generic equivalent, as amended
 by  section 2 of part I of chapter 57 of the laws of 2017, is amended to
 read as follows:
   4-a.  section  twenty-two of this act shall take effect April 1, 2014,
 and shall be deemed expired January 1, [2019] 2021;
   § 7. This act shall take effect immediately;  provided  however,  that
 sections  one,  two and four of this act shall be deemed to have been in
 full force and effect on and after March 31, 2018; and provided further,
 that section three of this act shall take effect on the same date and in
 the same manner as a chapter of the laws of 2018,  amending  the  public
 health  law  relating to participation and membership in a demonstration
 period as proposed in legislative bill numbers S. 7507-C and A.  9507-C,
 takes effect.