EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12571-04-7
S. 2007--B 2 A. 3007--B
amend the public health law, in relation to the distribution of pool
allocations and graduate medical education; 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 the public health law, in
relation to the assessments on covered lives; to amend chapter 600 of
the laws of 1986 amending the public health law relating to the devel-
opment of pilot reimbursement programs for ambulatory care services,
in relation to the effectiveness thereof; 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 the effectiveness
thereof; to amend the public health law and the social services law,
in relation to rates of payment for personal care services workers; to
amend the public health law, in relation to the comprehensive diagnos-
tic and treatment centers indigent care program; 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 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 appor-
tioning premium for certain policies; to amend part J of chapter 63 of
the laws of 2001 amending chapter 266 of the laws of 1986, amending
the civil practice law and rules and other laws relating to malprac-
tice and professional medical conduct, in relation to extending
certain provisions concerning the hospital excess liability pool; and
to amend the public health law, in relation to tobacco control and
insurance initiatives pool distributions (Part H); to amend chapter
884 of the laws of 1990, amending the public health law relating to
authorizing bad debt and charity care allowances for certified home
health agencies, in relation to the effectiveness thereof; to amend
chapter 60 of the laws of 2014 amending the social services law relat-
ing to eliminating prescriber prevails for brand name drugs with
generic equivalents, in relation to the effectiveness thereof; to
amend the public health law, in relation to extending the nursing home
cash assessment; to amend chapter 474 of the laws of 1996, amending
the education law and other laws relating to rates for residential
health care facilities, in relation to the effectiveness thereof; to
amend chapter 58 of the laws of 2007, amending the social services law
and other laws relating to enacting the major components of legis-
lation necessary to implement the health and mental hygiene budget for
the 2007-2008 state fiscal year, in relation to delay of certain
administrative cost; 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 the effectiveness thereof; to amend
chapter 109 of the laws of 2010, amending the social services law
relating to transportation costs, in relation to the effectiveness
thereof; to amend 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 the effec-
tiveness thereof; to amend chapter 2 of the laws of 1998, amending the
public health law and other laws relating to expanding the child
health insurance plan, in relation to the effectiveness thereof; to
amend chapter 19 of the laws of 1998, amending the social services law
S. 2007--B 3 A. 3007--B
relating to limiting the method of payment for prescription drugs
under the medical assistance program, in relation to the effectiveness
thereof; to amend the public health law, in relation to continuing
nursing home upper payment limit payments; to amend chapter 904 of the
laws of 1984, amending the public health law and the social services
law relating to encouraging comprehensive health services, in relation
to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
amending the public health law relating to allowing for the use of
funds of the office of professional medical conduct for activities of
the patient health information and quality improvement act of 2000, in
relation to extending the provisions thereof; to amend chapter 59 of
the laws of 2011, amending the public health law relating to the
statewide health information network of New York and the statewide
planning and research cooperative system and general powers and
duties, in relation to the effectiveness thereof; to amend chapter 58
of the laws of 2008, amending the elder law and other laws relating to
reimbursement to participating provider pharmacies and prescription
drug coverage, in relation to extending the expiration of certain
provisions thereof; and to amend the public health law, in relation to
issuance of certificates of authority to accountable care organiza-
tions (Part I); intentionally omitted (Part J); intentionally omitted
(Part K); intentionally omitted (Part L); to amend the public health
law, in relation to emerging contaminant monitoring (Part M); inten-
tionally omitted (Part N); intentionally omitted (Part O); to amend
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 extending government rates for
behavioral services and adding an alternative payment methodology
requirement; and to amend 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, in relation to extending government rates for
behavioral services and adding an alternative payment methodology
requirement (Part P); to amend part C of chapter 57 of the laws of
2006, relating to establishing a cost of living adjustment for desig-
nated human services programs, in relation to providing funding to
increase salaries and related fringe benefits to direct care workers,
direct support professionals and clinical workers employed by not-for-
profits funded by the office for people with developmental disabili-
ties, the office of mental health and the office of alcoholism and
substance abuse services (Part Q); to amend the public health law, in
relation to establishing the drinking water quality council (Part R);
to amend the social services law, in relation to health homes; to
amend the social services law, in relation to managed care programs;
to amend the social services law, in relation to pasteurized donor
human milk and ovulation enhancing drugs; to amend the public health
law, in relation to home care worker wage parity; in relation to
authorizing the commissioner of health to sell accounts receivables
balances owed to the state by Medicaid providers to financial insti-
tutions; and providing for the expiration of certain provisions (Part
S); and to amend the environmental conservation law, the public health
law, the public authorities law, the state finance law and the soil
and water conservation districts law, in relation to the implementa-
tion of the "clean water infrastructure act of 2017" (Part T)
S. 2007--B 4 A. 3007--B
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 2017-2018
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through T. 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
Intentionally Omitted
PART B
Intentionally Omitted
PART C
Intentionally Omitted
PART D
Section 1. The public health law is amended by adding a new section
280 to read as follows:
§ 280. MEDICAID DRUG CAP. 1. THE LEGISLATURE HEREBY FINDS AND
DECLARES THAT THERE IS A SIGNIFICANT PUBLIC INTEREST FOR THE MEDICAID
PROGRAM TO MANAGE DRUG COSTS IN A MANNER THAT ENSURES PATIENT ACCESS
WHILE PROVIDING FINANCIAL STABILITY FOR THE STATE AND PARTICIPATING
PROVIDERS. SINCE TWO THOUSAND ELEVEN, THE STATE HAS TAKEN SIGNIFICANT
STEPS TO CONTAIN COSTS IN THE MEDICAID PROGRAM BY IMPOSING A STATUTORY
LIMIT ON ANNUAL GROWTH. DRUG EXPENDITURES, HOWEVER, CONTINUALLY OUTPACE
OTHER COST COMPONENTS CAUSING SIGNIFICANT PRESSURE ON THE STATE, PROVID-
ERS, AND PATIENT ACCESS OPERATING UNDER THE MEDICAID GLOBAL CAP. IT IS
THEREFORE INTENDED THAT THE DEPARTMENT ESTABLISH A MEDICAID DRUG CAP AS
A SEPARATE COMPONENT WITHIN THE MEDICAID GLOBAL CAP AS PART OF A FOCUSED
AND SUSTAINED EFFORT TO BALANCE THE GROWTH OF DRUG EXPENDITURES WITH THE
GROWTH OF TOTAL MEDICAID EXPENDITURES.
2. THE COMMISSIONER SHALL ESTABLISH A YEAR TO YEAR DEPARTMENT OF
HEALTH STATE-FUNDS MEDICAID DRUG SPENDING GROWTH TARGET AS FOLLOWS:
(A) FOR STATE FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH-
TEEN, BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL COMPO-
NENT OF THE CONSUMER PRICE INDEX PLUS FIVE PERCENT AND MINUS A PHARMACY
SAVINGS TARGET OF FIFTY-FIVE MILLION DOLLARS; AND
(B) FOR STATE FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
TEEN, BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL COMPO-
NENT OF THE CONSUMER PRICE INDEX PLUS FOUR PERCENT AND MINUS A PHARMACY
SAVINGS TARGET OF EIGHTY-FIVE MILLION DOLLARS.
3. THE DEPARTMENT AND THE DIVISION OF THE BUDGET SHALL ASSESS ON A
QUARTERLY BASIS THE PROJECTED TOTAL AMOUNT TO BE EXPENDED IN THE YEAR ON
S. 2007--B 5 A. 3007--B
A CASH BASIS BY THE MEDICAID PROGRAM FOR EACH DRUG, AND THE PROJECTED
ANNUAL AMOUNT OF DRUG EXPENDITURES FOR ALL DRUGS, WHICH SHALL BE A
COMPONENT OF THE PROJECTED DEPARTMENT OF HEALTH STATE FUNDS MEDICAID
EXPENDITURES CALCULATED FOR PURPOSES OF SECTIONS NINETY-ONE AND NINETY-
TWO OF PART H OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN.
FOR PURPOSES OF THIS SECTION, STATE FUNDS MEDICAID DRUG EXPENDITURES
INCLUDE AMOUNTS EXPENDED FOR DRUGS IN BOTH THE MEDICAID FEE-FOR-SERVICE
AND MEDICAID MANAGED CARE PROGRAMS, MINUS THE AMOUNT OF ANY DRUG REBATES
OR SUPPLEMENTAL DRUG REBATES RECEIVED BY THE DEPARTMENT, INCLUDING
REBATES PURSUANT TO SUBDIVISION FIVE OF THIS SECTION WITH RESPECT TO
REBATE TARGETS.
(A) IN THE EVENT THE DIRECTOR OF THE BUDGET DETERMINES, BASED ON MEDI-
CAID DRUG EXPENDITURES FOR THE PREVIOUS QUARTER OR OTHER RELEVANT INFOR-
MATION, THAT THE TOTAL DEPARTMENT OF HEALTH STATE FUNDS MEDICAID DRUG
EXPENDITURE IS PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED
BY SUBDIVISION TWO OF THIS SECTION, THE COMMISSIONER MAY IDENTIFY AND
REFER DRUGS TO THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED BY SECTION
THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW FOR A RECOMMENDA-
TION AS TO WHETHER A TARGET SUPPLEMENTAL MEDICAID REBATE SHOULD BE PAID
BY THE MANUFACTURER OF THE DRUG TO THE DEPARTMENT AND THE TARGET AMOUNT
OF THE REBATE.
(B) IF THE DEPARTMENT INTENDS TO REFER A DRUG TO THE DRUG UTILIZATION
REVIEW BOARD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPART-
MENT SHALL NOTIFY THE MANUFACTURER OF SUCH DRUG AND SHALL ATTEMPT TO
REACH AGREEMENT WITH THE MANUFACTURER ON A REBATE FOR THE DRUG PRIOR TO
REFERRING THE DRUG TO THE DRUG UTILIZATION REVIEW BOARD FOR REVIEW.
(C) IN THE EVENT THAT THE COMMISSIONER AND THE MANUFACTURER HAVE
PREVIOUSLY AGREED TO A SUPPLEMENTAL REBATE FOR A DRUG PURSUANT TO PARA-
GRAPH (B) OF THIS SUBDIVISION OR PARAGRAPH (E) OF SUBDIVISION SEVEN OF
SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE DRUG
SHALL NOT BE REFERRED TO THE DRUG UTILIZATION REVIEW BOARD FOR ANY
FURTHER SUPPLEMENTAL REBATE FOR THE DURATION OF THE PREVIOUS REBATE
AGREEMENT.
(D) THE DEPARTMENT SHALL CONSIDER A DRUG'S ACTUAL COST TO THE STATE,
INCLUDING CURRENT REBATE AMOUNTS, PRIOR TO SEEKING AN ADDITIONAL REBATE
PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION AND SHALL TAKE INTO
CONSIDERATION WHETHER THE MANUFACTURER OF THE DRUG IS PROVIDING SIGNIF-
ICANT DISCOUNTS RELATIVE TO OTHER DRUGS COVERED BY THE MEDICAID PROGRAM.
(E) THE COMMISSIONER SHALL BE AUTHORIZED TO TAKE THE ACTIONS DESCRIBED
IN THIS SECTION ONLY SO LONG AS TOTAL MEDICAID DRUG EXPENDITURES ARE
PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED BY SUBDIVISION
TWO OF THIS SECTION.
4. IN DETERMINING WHETHER TO RECOMMEND A TARGET SUPPLEMENTAL REBATE
FOR A DRUG, THE DRUG UTILIZATION REVIEW BOARD SHALL CONSIDER THE ACTUAL
COST OF THE DRUG TO THE MEDICAID PROGRAM, INCLUDING FEDERAL AND STATE
REBATES, AND MAY CONSIDER, AMONG OTHER THINGS:
(A) THE DRUG'S IMPACT ON THE MEDICAID DRUG SPENDING GROWTH TARGET AND
THE ADEQUACY OF CAPITATION RATES OF PARTICIPATING MEDICAID MANAGED CARE
PLANS, AND THE DRUG'S AFFORDABILITY AND VALUE TO THE MEDICAID PROGRAM;
OR
(B) SIGNIFICANT AND UNJUSTIFIED INCREASES IN THE PRICE OF THE DRUG; OR
(C) WHETHER THE DRUG MAY BE PRICED DISPROPORTIONATELY TO ITS THERAPEU-
TIC BENEFITS.
5. (A) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
AMOUNT ON A DRUG REFERRED BY THE COMMISSIONER, THE COMMISSIONER SHALL
REQUIRE A SUPPLEMENTAL REBATE TO BE PAID BY THE DRUG'S MANUFACTURER IN
S. 2007--B 6 A. 3007--B
AN AMOUNT NOT TO EXCEED SUCH TARGET REBATE AMOUNT. WITH RESPECT TO A
REBATE REQUIRED IN STATE FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOU-
SAND EIGHTEEN, THE REBATE REQUIREMENT SHALL APPLY BEGINNING WITH THE
MONTH OF APRIL, TWO THOUSAND SEVENTEEN, WITHOUT REGARD TO THE DATE THE
DEPARTMENT ENTERS INTO THE REBATE AGREEMENT WITH THE MANUFACTURER.
(B) THE SUPPLEMENTAL REBATE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION SHALL APPLY TO DRUGS DISPENSED TO ENROLLEES OF MANAGED CARE PROVID-
ERS PURSUANT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL
SERVICES LAW AND TO DRUGS DISPENSED TO MEDICAID RECIPIENTS WHO ARE NOT
ENROLLEES OF SUCH PROVIDERS.
(C) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
AMOUNT FOR A DRUG AND THE DEPARTMENT IS UNABLE TO NEGOTIATE A REBATE
FROM THE MANUFACTURER IN AN AMOUNT THAT IS AT LEAST SEVENTY-FIVE PERCENT
OF THE TARGET REBATE AMOUNT, THE COMMISSIONER IS AUTHORIZED TO WAIVE THE
PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO HUNDRED
SEVENTY-THREE OF THIS ARTICLE AND THE PROVISIONS OF SUBDIVISIONS TWEN-
TY-FIVE AND TWENTY-FIVE-A OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THE
SOCIAL SERVICES LAW WITH RESPECT TO SUCH DRUG; HOWEVER, THIS WAIVER
SHALL NOT BE IMPLEMENTED IN SITUATIONS WHERE IT WOULD PREVENT ACCESS BY
A MEDICAID RECIPIENT TO A DRUG WHICH IS THE ONLY TREATMENT FOR A PARTIC-
ULAR DISEASE OR CONDITION. UNDER NO CIRCUMSTANCES SHALL THE COMMISSION-
ER BE AUTHORIZED TO WAIVE SUCH PROVISIONS WITH RESPECT TO MORE THAN TWO
DRUGS IN A GIVEN TIME.
(D) WHERE THE DEPARTMENT AND A MANUFACTURER ENTER INTO A REBATE AGREE-
MENT PURSUANT TO THIS SECTION, WHICH MAY BE IN ADDITION TO EXISTING
REBATE AGREEMENTS ENTERED INTO BY THE MANUFACTURER WITH RESPECT TO THE
SAME DRUG, NO ADDITIONAL REBATES SHALL BE REQUIRED TO BE PAID BY THE
MANUFACTURER TO A MANAGED CARE PROVIDER OR ANY OF A MANAGED CARE PROVID-
ER'S AGENTS, INCLUDING BUT NOT LIMITED TO ANY PHARMACY BENEFIT MANAGER,
WHILE THE DEPARTMENT IS COLLECTING THE REBATE PURSUANT TO THIS SECTION.
(E) IN FORMULATING A RECOMMENDATION CONCERNING A TARGET REBATE AMOUNT
FOR A DRUG, THE DRUG UTILIZATION REVIEW BOARD MAY CONSIDER:
(I) PUBLICLY AVAILABLE INFORMATION RELEVANT TO THE PRICING OF THE
DRUG;
(II) INFORMATION SUPPLIED BY THE DEPARTMENT RELEVANT TO THE PRICING OF
THE DRUG;
(III) INFORMATION RELATING TO VALUE-BASED PRICING;
(IV) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR CONDITION THAT
IS TREATED BY THE DRUG;
(V) THE EXTENT OF UTILIZATION OF THE DRUG;
(VI) THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR
WHICH IT IS PRESCRIBED, OR IN IMPROVING A PATIENT'S HEALTH, QUALITY OF
LIFE, OR OVERALL HEALTH OUTCOMES;
(VII) THE LIKELIHOOD THAT USE OF THE DRUG WILL REDUCE THE NEED FOR
OTHER MEDICAL CARE, INCLUDING HOSPITALIZATION;
(VIII) THE AVERAGE WHOLESALE PRICE, WHOLESALE ACQUISITION COST, RETAIL
PRICE OF THE DRUG, AND THE COST OF THE DRUG TO THE MEDICAID PROGRAM
MINUS REBATES RECEIVED BY THE STATE;
(IX) IN THE CASE OF GENERIC DRUGS, THE NUMBER OF PHARMACEUTICAL
MANUFACTURERS THAT PRODUCE THE DRUG;
(X) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG; AND
(XI) INFORMATION SUPPLIED BY THE MANUFACTURER, IF ANY, EXPLAINING THE
RELATIONSHIP BETWEEN THE PRICING OF THE DRUG AND THE COST OF DEVELOPMENT
OF THE DRUG AND/OR THE THERAPEUTIC BENEFIT OF THE DRUG, OR THAT IS
OTHERWISE PERTINENT TO THE MANUFACTURER'S PRICING DECISION; ANY SUCH
INFORMATION PROVIDED SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE
S. 2007--B 7 A. 3007--B
DISCLOSED BY THE DRUG UTILIZATION REVIEW BOARD IN A FORM THAT IDENTIFIES
A SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH MANUFACTUR-
ER.
6. (A) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
AMOUNT AND THE DEPARTMENT IS UNSUCCESSFUL IN ENTERING INTO A REBATE
AGREEMENT WITH THE MANUFACTURER OF THE DRUG SATISFACTORY TO THE DEPART-
MENT, THE DRUG MANUFACTURER SHALL IN THAT EVENT BE REQUIRED TO PROVIDE
TO THE DEPARTMENT, ON A STANDARD REPORTING FORM DEVELOPED BY THE DEPART-
MENT, THE FOLLOWING INFORMATION:
(I) THE ACTUAL COST OF DEVELOPING, MANUFACTURING, PRODUCING (INCLUDING
THE COST PER DOSE OF PRODUCTION), AND DISTRIBUTING THE DRUG;
(II) RESEARCH AND DEVELOPMENT COSTS OF THE DRUG, INCLUDING PAYMENTS TO
PREDECESSOR ENTITIES CONDUCTING RESEARCH AND DEVELOPMENT, SUCH AS
BIOTECHNOLOGY COMPANIES, UNIVERSITIES AND MEDICAL SCHOOLS, AND PRIVATE
RESEARCH INSTITUTIONS;
(III) ADMINISTRATIVE, MARKETING, AND ADVERTISING COSTS FOR THE DRUG,
APPORTIONED BY MARKETING ACTIVITIES THAT ARE DIRECTED TO CONSUMERS,
MARKETING ACTIVITIES THAT ARE DIRECTED TO PRESCRIBERS, AND THE TOTAL
COST OF ALL MARKETING AND ADVERTISING THAT IS DIRECTED PRIMARILY TO
CONSUMERS AND PRESCRIBERS IN NEW YORK, INCLUDING BUT NOT LIMITED TO
PRESCRIBER DETAILING, COPAYMENT DISCOUNT PROGRAMS, AND DIRECT-TO-CONSUM-
ER MARKETING;
(IV) THE EXTENT OF UTILIZATION OF THE DRUG;
(V) PRICES FOR THE DRUG THAT ARE CHARGED TO PURCHASERS OUTSIDE THE
UNITED STATES;
(VI) PRICES CHARGED TO TYPICAL PURCHASERS IN THE STATE, INCLUDING BUT
NOT LIMITED TO PHARMACIES, PHARMACY CHAINS, PHARMACY WHOLESALERS, OR
OTHER DIRECT PURCHASERS;
(VII) THE AVERAGE REBATES AND DISCOUNTS PROVIDED PER PAYER TYPE IN THE
STATE; AND
(VIII) THE AVERAGE PROFIT MARGIN OF EACH DRUG OVER THE PRIOR FIVE-YEAR
PERIOD AND THE PROJECTED PROFIT MARGIN ANTICIPATED FOR SUCH DRUG.
(B) ALL INFORMATION DISCLOSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE DISCLOSED BY
THE DEPARTMENT IN A FORM THAT IDENTIFIES A SPECIFIC MANUFACTURER OR
PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER.
7. (A) IF, AFTER TAKING INTO ACCOUNT ALL REBATES AND SUPPLEMENTAL
REBATES RECEIVED BY THE DEPARTMENT, INCLUDING REBATES RECEIVED TO DATE
PURSUANT TO THIS SECTION, TOTAL MEDICAID DRUG EXPENDITURES ARE STILL
PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED BY SUBDIVISION
TWO OF THIS SECTION, THE COMMISSIONER OF HEALTH MAY: SUBJECT DRUGS TO
PRIOR APPROVAL IN ACCORDANCE WITH EXISTING PROCESSES AND PROCEDURES,
WHICH MAY INCLUDE ALL DRUGS OF A MANUFACTURER THAT HAS NOT ENTERED INTO
A SUPPLEMENTAL REBATE AGREEMENT REQUIRED BY THIS SECTION; DIRECTING
MANAGED CARE PLANS TO REMOVE FROM THEIR MEDICAID FORMULARIES THOSE DRUGS
WITH RESPECT TO WHICH A MANUFACTURER HAS FAILED TO ENTER INTO A REBATE
AGREEMENT REQUIRED BY THIS SECTION; PROMOTING THE USE OF COST EFFECTIVE
AND CLINICALLY APPROPRIATE DRUGS OTHER THAN THOSE OF A MANUFACTURER WHO
HAS FAILED TO ENTER INTO A REBATE AGREEMENT REQUIRED BY THIS SECTION;
ALLOWING MANUFACTURERS TO ACCELERATE REBATE PAYMENTS UNDER EXISTING
REBATE CONTRACTS; AND SUCH OTHER ACTIONS AS AUTHORIZED BY LAW. THE
COMMISSIONER SHALL PROVIDE WRITTEN NOTICE TO THE LEGISLATURE THIRTY DAYS
PRIOR TO TAKING ACTION PURSUANT TO THIS PARAGRAPH, UNLESS ACTION IS
NECESSARY IN THE FOURTH QUARTER OF A FISCAL YEAR TO PREVENT TOTAL MEDI-
CAID DRUG EXPENDITURES FROM EXCEEDING THE LIMITATION IMPOSED BY SUBDIVI-
S. 2007--B 8 A. 3007--B
SION TWO OF THIS SECTION, IN WHICH CASE SUCH NOTICE TO THE LEGISLATURE
MAY BE LESS THAN THIRTY DAYS.
(B) THE COMMISSIONER SHALL BE AUTHORIZED TO TAKE THE ACTIONS DESCRIBED
IN PARAGRAPH (A) OF THIS SUBDIVISION ONLY SO LONG AS TOTAL MEDICAID DRUG
EXPENDITURES ARE PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION
IMPOSED BY SUBDIVISION TWO OF THIS SECTION. IN ADDITION, NO SUCH
ACTIONS SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS OF PARAGRAPH (B) OF
SUBDIVISION THREE OF SECTION TWO HUNDRED SEVENTY-THREE OF THIS ARTICLE
OR THE PROVISIONS OF SUBDIVISIONS TWENTY-FIVE AND TWENTY-FIVE-A OF
SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, EXCEPT AS
ALLOWED BY PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION; PROVIDED
FURTHER THAT NOTHING IN THIS SECTION SHALL PREVENT ACCESS BY A MEDICAID
RECIPIENT TO A DRUG WHICH IS THE ONLY TREATMENT FOR A PARTICULAR DISEASE
OR CONDITION.
§ 2. Subdivisions 1 and 2 of section 369-bb of the social services
law, as amended by section 20 of part A of chapter 56 of the laws of
2013, are amended to read as follows:
1. A [nineteen-member] TWENTY-THREE-MEMBER drug utilization review
board is hereby created in the department. The board is responsible for
the establishment and implementation of medical standards and criteria
for the retrospective and prospective DUR program.
2. The members of the DUR board shall be appointed by the commissioner
and shall serve a three-year term. Members may be reappointed upon the
completion of other terms. The membership shall be comprised of the
following:
(a) Six persons licensed and actively engaged in the practice of medi-
cine in the state, with expertise in the areas of mental health,
HIV/AIDS, geriatrics, pediatrics or internal medicine and who may be
selected based on input from professional associations and/or advocacy
groups in New York state.
(b) Six persons licensed and actively practicing in pharmacy in the
state who may be selected based on input from professional associations
and/or advocacy groups in New York state.
(c) Two persons with expertise in drug utilization review who are
health care professionals licensed under Title VIII of the education law
at least one of whom is a pharmacologist.
(d) Three persons that are consumers or consumer representatives of
organizations with a regional or statewide constituency and who have
been involved in activities related to health care consumer advocacy,
including issues affecting Medicaid or EPIC recipients.
(e) One person licensed and actively practicing as a nurse practition-
er or midwife.
(f) TWO PERSONS WHO ARE HEALTH CARE ECONOMISTS.
(G) ONE PERSON WHO IS AN ACTUARY.
(H) ONE PERSON REPRESENTING THE DEPARTMENT OF FINANCIAL SERVICES.
(I) The commissioner shall designate a person from the department to
serve as chairperson of the board.
§ 3. Paragraphs (g), (h), and (i) of subdivision 8 of section 369-bb
of the social services law are relettered paragraphs (h), (i), and (j)
and a new paragraph (g) is added to read as follows:
(G) THE EVALUATION OF SPECIFIC DRUGS SUBMITTED TO THE BOARD FOR REVIEW
PURSUANT TO SECTION TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW, AND THE
FORMULATION OF RECOMMENDED TARGET SUPPLEMENTAL REBATES, IN ACCORDANCE
WITH THE STANDARDS ESTABLISHED IN SUCH SECTION.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
S. 2007--B 9 A. 3007--B
§ 6. Intentionally omitted.
§ 7. The opening paragraph and subparagraphs (i) and (ii) of paragraph
(b) and paragraph (d) of subdivision 9 of section 367-a of the social
services law, the opening paragraph and paragraph (d) as amended by
chapter 19 of the laws of 1998, subparagraphs (i) and (ii) of paragraph
(b) as amended by section 2 of part C of chapter 60 of the laws of 2014,
subparagraph (i) of paragraph (d) as amended by section 10-a of part H
of chapter 59 of the laws of 2011 and subparagraph (ii) of paragraph (d)
as amended by section 48 of part C of chapter 58 of the laws of 2009,
are amended to read as follows:
Notwithstanding any inconsistent provision of law or regulation to the
contrary, 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, AND FOR THOSE DRUGS THAT ARE AVAILABLE WITHOUT A PRESCRIPTION AS
REQUIRED BY SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT ARE
REIMBURSED AS ITEMS OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH (A) OF
SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE,
payments under this title shall be made at the following amounts:
(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; and]
(A) IF THE DRUG DISPENSED IS A GENERIC PRESCRIPTION DRUG, THE LOWER OF:
(1) AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET BY
THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG, IF
ANY, OR IF SUCH AMOUNT IF NOT AVAILABLE, THE WHOLESALE ACQUISITION COST
OF THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM, AS REPORTED BY THE
PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS SEVENTEEN
AND ONE-HALF PERCENT THEREOF; (2) THE FEDERAL UPPER LIMIT, IF ANY,
ESTABLISHED BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES;
(3) THE STATE MAXIMUM ACQUISITION COST, IF ANY, ESTABLISHED PURSUANT TO
PARAGRAPH (E) OF THIS SUBDIVISION; OR (4) THE DISPENSING PHARMACY'S
USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; (B) IF THE DRUG
DISPENSED IS AVAILABLE WITHOUT A PRESCRIPTION AS REQUIRED BY SECTION
SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT IS REIMBURSED AS AN
ITEM OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR
OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, THE LOWER OF (1) AN
AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET BY THE
FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG, IF ANY,
OR IF SUCH AMOUNT IS NOT AVAILABLE, THE WHOLESALE ACQUISITION COST OF
THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM, AS REPORTED BY THE
PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, (2) THE FEDER-
AL UPPER LIMIT, IF ANY, ESTABLISHED BY THE FEDERAL CENTERS FOR MEDICARE
AND MEDICAID SERVICES; (3) THE STATE MAXIMUM ACQUISITION COST IF ANY,
S. 2007--B 10 A. 3007--B
ESTABLISHED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION; OR (4) THE
DISPENSING PHARMACY'S USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL
PUBLIC;
(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 acquisi-
tion cost of such drug to pharmacies 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
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, 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 acquisi-
tion cost as determined by department surveys.]:
(A) AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET
BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG,
IF ANY, OR IF SUCH AMOUNT IS NOT AVAILABLE, THE WHOLESALE ACQUISITION
COST OF THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM, AS REPORTED
BY THE PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS
THREE AND THREE-TENTHS PERCENT THEREOF; OR (B) THE DISPENSING PHARMACY'S
USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; AND
(d) In addition to the amounts paid pursuant to paragraph (b) of this
subdivision [to pharmacies 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 department shall pay a PROFESSIONAL pharmacy
dispensing fee for each such [prescription] drug dispensed[, which
dispensing fee shall not be less than the following amounts:
(i) for prescription drugs categorized as generic by the prescription
drug pricing service used by the department, three dollars and fifty
cents per prescription; and
(ii) for prescription drugs categorized as brand-name prescription
drugs by the prescription drug pricing service used by the department,
three dollars and fifty cents per prescription, provided, however, that
for brand name prescription drugs reimbursed pursuant to subparagraph
(ii) of paragraph (a-1) of subdivision four of section three hundred
sixty-five-a of this title, the dispensing fee shall be four dollars and
fifty cents per prescription] IN THE AMOUNT OF TEN DOLLARS PER
PRESCRIPTION OR WRITTEN ORDER OF A PRACTITIONER; PROVIDED, HOWEVER THAT
THIS PROFESSIONAL DISPENSING FEE WILL NOT APPLY TO DRUGS THAT ARE AVAIL-
ABLE WITHOUT A PRESCRIPTION AS REQUIRED BY SECTION SIXTY-EIGHT HUNDRED
TEN OF THE EDUCATION LAW BUT DO NOT MEET THE DEFINITION OF A COVERED
OUTPATIENT DRUG PURSUANT TO SECTION 1927K OF THE SOCIAL SECURITY ACT.
§ 8. It shall be an unacceptable practice in the Medicaid program
established pursuant to title 11 of article 5 of the social services law
S. 2007--B 11 A. 3007--B
for a provider to prescribe opioids in violation of the requirements of
paragraph (g-1) of subdivision 2 of section 365-a of such law, in
violation of any other applicable law limiting or restricting the
prescribing of opioids, and/or contrary to recommendations issued by the
drug utilization review board established by section 369-bb of the
social services law, and such practice may result in the provider being
excluded from participation in the Medicaid program. No exclusion or
other sanction of a Medicaid provider pursuant to this section shall be
imposed except in accordance with the requirements of parts 515, 517 and
519 of title 18 of the codes, rules and regulations of the State of New
York (NYCRR), and nothing herein shall be construed as limiting the due
process rights or legal remedies that would otherwise be available to
such a provider.
§ 9. Paragraph (g-1) of subdivision 2 of section 365-a of the social
services law, as amended by section 5 of part C of chapter 60 of the
laws of 2014, is amended to read as follows:
(g-1) drugs provided on an in-patient basis, those drugs contained on
the list established by regulation of the commissioner of health pursu-
ant to subdivision four of this section, and those drugs which may not
be dispensed without a prescription as required by section sixty-eight
hundred ten of the education law and which the commissioner of health
shall determine to be reimbursable based upon such factors as the avail-
ability of such drugs or alternatives at low cost if purchased by a
medicaid recipient, or the essential nature of such drugs as described
by such commissioner in regulations, provided, however, that such drugs,
exclusive of long-term maintenance drugs, shall be dispensed in quanti-
ties no greater than a thirty day supply or one hundred doses, whichever
is greater; provided further that the commissioner of health is author-
ized to require prior authorization for any refill of a prescription
when more than a ten day supply of the previously dispensed amount
should remain were the product used as normally indicated, OR IN THE
CASE OF A CONTROLLED SUBSTANCE, AS DEFINED IN SECTION THIRTY-THREE
HUNDRED TWO OF THE PUBLIC HEALTH LAW, WHEN MORE THAN A SEVEN DAY SUPPLY
OF THE PREVIOUSLY DISPENSED AMOUNT SHOULD REMAIN WERE THE PRODUCT USED
AS NORMALLY INDICATED; provided further that the commissioner of health
is authorized to require prior authorization of prescriptions of opioid
analgesics 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-patient basis for which a recipient is charged or a claim is
made in the case of a prescription drug, in excess of the maximum reim-
bursable amounts to be established by department regulations in accord-
ance 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;
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. Intentionally omitted.
§ 15. Intentionally omitted.
§ 16. Subparagraph (iii) of paragraph (c) of subdivision 6 of section
367-a of the social services law, as amended by section 9 of part C of
chapter 60 of the laws of 2014, is amended to read as follows:
S. 2007--B 12 A. 3007--B
(iii) Notwithstanding any other provision of this paragraph, co-pay-
ments charged for each generic prescription drug dispensed shall be one
dollar and for each brand name prescription drug dispensed shall be
[three dollars] TWO DOLLARS AND FIFTY CENTS; provided, however, that the
co-payments charged for [each brand name prescription drug on the
preferred drug list established pursuant to section two hundred seven-
ty-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.
§ 17. Subparagraphs 1 and 5 of paragraph (f) of subdivision 7 of
section 367-a of the social services law, as added by section 11 of part
B of chapter 59 of the laws of 2016, are amended to read as follows:
(1) The department may require manufacturers of drugs other than
single source drugs and innovator multiple source drugs, as such terms
are defined in 42 U.S.C. § 1396r-8(k), to provide rebates to the depart-
ment for any drug that has increased more than three hundred percent of
its state maximum acquisition cost (SMAC)[, on or after] DURING THE
PERIOD April 1, 2016 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN,
OR THAT HAS INCREASED MORE THAN SEVENTY-FIVE PERCENT OF ITS SMAC ON OR
AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, in comparison to its SMAC at
any time during the course of the preceding twelve months. The required
rebate shall be limited to the amount by which the current SMAC for the
drug exceeds [three hundred percent] THE APPLICABLE PERCENTAGE of the
SMAC for the same drug at any time during the course of the preceding
twelve months. Such rebates shall be in addition to any rebates payable
to the department pursuant to any other provision of federal or state
law. Nothing herein shall affect the department's obligation to reim-
burse for covered outpatient drugs pursuant to paragraph (d) of this
subdivision.
(5) Beginning in two thousand seventeen, the department shall provide
an annual report to the legislature no later than February first setting
forth:
(i) The number of drugs that exceeded the ceiling price established in
this paragraph during the preceding year in comparison to the number of
drugs that experienced at least a three hundred percent price increase
during two thousand fourteen and two thousand fifteen, OR AT LEAST A
SEVENTY-FIVE PERCENT PRICE INCREASE DURING TWO THOUSAND FIFTEEN AND TWO
THOUSAND SIXTEEN;
(ii) The average percent amount above the ceiling price of drugs that
exceeded the ceiling price in the preceding year in comparison to the
number of drugs that experienced a price increase more than three
hundred percent during two thousand fourteen and two thousand fifteen,
OR AT LEAST A SEVENTY-FIVE PERCENT PRICE INCREASE DURING TWO THOUSAND
FIFTEEN AND TWO THOUSAND SIXTEEN;
(iii) The number of generic drugs available to enrollees in Medicaid
fee for service or Medicaid managed care, by fiscal quarter, in the
preceding year in comparison to the drugs available, by fiscal quarter,
during two thousand fourteen [and], two thousand fifteen, AND TWO THOU-
SAND SIXTEEN; and
(iv) The total drug spend on generic drugs for the preceding year in
comparison to the total drug spend on generic drugs during two thousand
fourteen [and], two thousand fifteen, AND TWO THOUSAND SIXTEEN.
S. 2007--B 13 A. 3007--B
§ 18. Severability. If any clause, sentence, paragraph, or subdivi-
sion of this section shall be adjudged by any court of competent juris-
diction to be invalid, such judgment shall not affect, impair, or inval-
idate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, or subdivision directly involved in the
controversy in which such judgment shall have been rendered. It is here-
by declared to be the intent of the legislature that this section would
have been enacted even if such invalid provisions had not been included
herein.
§ 19. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however, that sections nine, sixteen, and seventeen of this act shall
take effect July 1, 2017; provided, further, that the amendments to
paragraph (c) of subdivision 6 of section 367-a of the social services
law made by section sixteen of this act shall not affect the repeal of
such paragraph and shall be deemed repealed therewith; provided,
further, that the amendments to paragraph (f) of subdivision 7 of
section 367-a of the social services law made by section seventeen of
this act shall not affect the repeal of such paragraph and shall be
deemed repealed therewith; and provided, further, that the amendments to
subdivision 9 of section 367-a of the social services law made by
section seven of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith.
PART E
Section 1. Section 365-f of the social services law is amended by
adding two new subdivisions 4-a and 4-b to read as follows:
4-A. FISCAL INTERMEDIARY SERVICES. (A) FOR THE PURPOSES OF THIS
SECTION:
(I) "FISCAL INTERMEDIARY" MEANS AN ENTITY THAT PROVIDES FISCAL INTER-
MEDIARY SERVICES AND HAS A CONTRACT FOR PROVIDING SUCH SERVICES WITH:
(A) A LOCAL DEPARTMENT OF SOCIAL SERVICES;
(B) AN ORGANIZATION LICENSED UNDER ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW; OR
(C) AN ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER ARTICLE TWENTY-
NINE-E OF THE PUBLIC HEALTH LAW OR AN INTEGRATED DELIVERY SYSTEM
COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
AS A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM INCEN-
TIVE PAYMENT PROGRAM.
(II) FISCAL INTERMEDIARY SERVICES SHALL INCLUDE THE FOLLOWING
SERVICES, PERFORMED ON BEHALF OF THE CONSUMER TO FACILITATE HIS OR HER
ROLE AS THE EMPLOYER:
(A) WAGE AND BENEFIT PROCESSING FOR CONSUMER DIRECTED PERSONAL ASSIST-
ANTS;
(B) PROCESSING ALL INCOME TAX AND OTHER REQUIRED WAGE WITHHOLDINGS;
(C) COMPLYING WITH WORKERS' COMPENSATION, DISABILITY AND UNEMPLOYMENT
REQUIREMENTS;
(D) MAINTAINING PERSONNEL RECORDS FOR EACH CONSUMER DIRECTED PERSONAL
ASSISTANT, INCLUDING TIME SHEETS AND OTHER DOCUMENTATION NEEDED FOR
WAGES AND BENEFIT PROCESSING AND A COPY OF THE MEDICAL DOCUMENTATION
REQUIRED PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER;
(E) ENSURING THAT THE HEALTH STATUS OF EACH CONSUMER DIRECTED PERSONAL
ASSISTANT IS ASSESSED PRIOR TO SERVICE DELIVERY PURSUANT TO REGULATIONS
ISSUED BY THE COMMISSIONER;
(F) MAINTAINING RECORDS OF SERVICE AUTHORIZATIONS OR REAUTHORIZATIONS;
S. 2007--B 14 A. 3007--B
(G) MONITORING THE CONSUMER'S OR, IF APPLICABLE, THE DESIGNATED REPRE-
SENTATIVE'S CONTINUING ABILITY TO FULFILL THE CONSUMER'S RESPONSIBIL-
ITIES UNDER THE PROGRAM AND PROMPTLY NOTIFYING THE AUTHORIZING ENTITY OF
ANY CIRCUMSTANCE THAT MAY AFFECT THE CONSUMER'S OR, IF APPLICABLE, THE
DESIGNATED REPRESENTATIVE'S ABILITY TO FULFILL SUCH RESPONSIBILITIES;
(H) COMPLYING WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER SPECI-
FYING THE RESPONSIBILITIES OF FISCAL INTERMEDIARIES PROVIDING SERVICES
UNDER THIS TITLE; AND
(I) ENTERING INTO A DEPARTMENT APPROVED MEMORANDUM OF UNDERSTANDING
WITH THE CONSUMER THAT DESCRIBES THE PARTIES' RESPONSIBILITIES UNDER
THIS PROGRAM.
(III) FISCAL INTERMEDIARIES ARE NOT RESPONSIBLE FOR, AND FISCAL INTER-
MEDIARY SERVICES SHALL NOT INCLUDE, FULFILLMENT OF THE RESPONSIBILITIES
OF THE CONSUMER OR, IF APPLICABLE, THE CONSUMER'S DESIGNATED REPRESEN-
TATIVE AS ESTABLISHED BY THE COMMISSIONER. A FISCAL INTERMEDIARY'S
RESPONSIBILITIES SHALL NOT INCLUDE, AND A FISCAL INTERMEDIARY SHALL NOT
ENGAGE IN: MANAGING THE PLAN OF CARE INCLUDING RECRUITING AND HIRING A
SUFFICIENT NUMBER OF INDIVIDUALS WHO MEET THE DEFINITION OF CONSUMER
DIRECTED PERSONAL ASSISTANT, AS SUCH TERM IS DEFINED BY THE COMMISSION-
ER, TO PROVIDE AUTHORIZED SERVICES THAT ARE INCLUDED ON THE CONSUMER'S
PLAN OF CARE; TRAINING, SUPERVISING AND SCHEDULING EACH CONSUMER
DIRECTED PERSONAL ASSISTANT; TERMINATING THE CONSUMER DIRECTED PERSONAL
ASSISTANT'S EMPLOYMENT; OR ASSURING THAT EACH CONSUMER DIRECTED PERSONAL
ASSISTANT COMPETENTLY AND SAFELY PERFORMS THE PERSONAL CARE SERVICES,
HOME HEALTH AIDE SERVICES AND SKILLED NURSING TASKS THAT ARE INCLUDED ON
THE CONSUMER'S PLAN OF CARE. A FISCAL INTERMEDIARY SHALL EXERCISE
REASONABLE CARE IN PROPERLY CARRYING OUT ITS RESPONSIBILITIES UNDER THE
PROGRAM.
(B) NO ENTITY SHALL PROVIDE, DIRECTLY OR THROUGH CONTRACT, FISCAL
INTERMEDIARY SERVICES WITHOUT AN AUTHORIZATION AS A FISCAL INTERMEDIARY
ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
(C) AN APPLICATION FOR AUTHORIZATION AS A FISCAL INTERMEDIARY SHALL BE
FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE COMMISSIONER. SUCH
INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) THE NAME AND EMPLOYER IDENTIFICATION NUMBER, OF THE ENTITY,
INCLUDING ANY SUBSIDIARY CORPORATIONS, IF APPLICABLE, AND ANY NAME UNDER
WHICH THE ENTITY DOES BUSINESS;
(II) ALL ADDRESSES AT WHICH THE ORGANIZATION OPERATES;
(III) THE NAMES, TITLES AND CONTACT INFORMATION OF ALL OFFICERS AND
DIRECTORS IN A NOT-FOR-PROFIT COMPANY OR BUSINESS, OR MANAGERS IN A
LIMITED LIABILITY COMPANY, AS WELL AS THE NAME AND EMPLOYMENT HISTORY OF
THE INDIVIDUAL ULTIMATELY ACCOUNTABLE FOR OPERATION OF THE FISCAL INTER-
MEDIARY; AND FOR A NOT-FOR-PROFIT ENTITY, THE NUMBER OF DIRECTOR POSI-
TIONS SET BY THE COMPANY'S BY-LAWS, AND HOW MANY ARE CURRENTLY FILLED;
(IV) A HISTORY OF THE ORGANIZATION, ALONG WITH AN OVERVIEW OF THE
ORGANIZATION AND ALL SERVICES IT OFFERS, INCLUDING ANY RELATIONSHIPS
WITH OUTSIDE AGENCIES THAT MAY INFLUENCE IN ANY WAY THE ABILITY OF THE
ORGANIZATION TO PROVIDE FISCAL INTERMEDIARY SERVICES CONSISTENT WITH THE
MANNER DESCRIBED IN ITS APPLICATION;
(V) ALL POLICIES AND PROCEDURES OF THE FISCAL INTERMEDIARY, INCLUDING
ANY CONTRACTS OR OTHER DOCUMENTS USED IN COMMUNICATIONS WITH CONSUMERS;
(VI) PLANS TO SOLICIT AND CONSIDER INPUT FROM THE FISCAL INTERME-
DIARY'S CONSUMERS, STAFF, PERSONAL ASSISTANTS AND OTHER INTERESTED
PARTIES WHICH MAY BE CHARGED WITH ROLES INCLUDING, BUT NOT LIMITED TO,
QUALITY ASSURANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR
S. 2007--B 15 A. 3007--B
ESTABLISHING AND RESPONDING TO COMMUNITY NEEDS; SUCH INPUT MAY BE IN THE
FORM OF A BOARD OF DIRECTORS, COMMITTEE, SURVEY, OR OTHER MECHANISM,
PROVIDED THAT THE MAJORITY OF INPUT OBTAINED AS PART OF THIS PROCESS
MUST BE FROM INDIVIDUAL CONSUMERS AND CONSUMER ADVOCATES OF THE FISCAL
INTERMEDIARY;
(VII) THE ORGANIZATION'S PLAN TO ADDRESS THE NEEDS OF CONSUMERS AND
THEIR PERSONAL ASSISTANTS IN A TIMELY MANNER, REGARDLESS OF WHERE THEY
LIVE, INCLUDING, BUT NOT LIMITED TO, INPUT FROM CONSUMERS, OBTAINING
PHYSICALS AND OTHER HEALTH INFORMATION FROM PERSONAL ASSISTANTS, OBTAIN-
ING TIME RECORDS FOR PAYROLL, AND TIMELY PROCESSING OF PAYROLL; AND
(VIII) A WRITTEN SWORN STATEMENT BY AN OFFICER OF THE ENTITY DISCLOS-
ING ANY PENDING LITIGATION, UNSATISFIED JUDGMENTS OR PENALTIES,
CONVICTIONS FOR FRAUD OR SANCTIONS IMPOSED BY GOVERNMENT AUTHORITIES.
(D) THE ENTITY SHALL REASONABLY PROMPTLY NOTIFY THE DEPARTMENT OF ANY
CHANGE IN THE INFORMATION SUBMITTED TO THE DEPARTMENT FOR AUTHORIZATION
UNDER THIS SUBDIVISION.
(E) THE COMMISSIONER SHALL NOT APPROVE AN APPLICATION FOR AUTHORI-
ZATION UNLESS HE OR SHE IS SATISFIED AS TO THE CHARACTER, COMPETENCE AND
STANDING IN THE COMMUNITY OF THE APPLICANT'S INCORPORATORS, DIRECTORS,
SPONSORS, STOCKHOLDERS OR OPERATORS AND FINDS THAT THE PERSONNEL, RULES,
CONSUMER CONTRACTS OR AGREEMENTS, AND FISCAL INTERMEDIARY SERVICES ARE
FIT AND ADEQUATE, AND THAT THE FISCAL INTERMEDIARY SERVICES WILL BE
PROVIDED IN THE MANNER REQUIRED BY THIS SUBDIVISION AND THE RULES AND
REGULATIONS HEREUNDER, IN A MANNER DETERMINED BY THE COMMISSIONER.
(F) THE COMMISSIONER MAY CONTRACT WITH AN ENTITY WITH APPROPRIATE
KNOWLEDGE, EXPERTISE AND EXPERIENCE POSSESSING EXTENSIVE KNOWLEDGE OF
CONSUMER DIRECTED PERSONAL ASSISTANCE FISCAL INTERMEDIARY SERVICES AND
WHICH HAS A HISTORY OF PROVIDING SIMILAR SERVICES IN RELATION TO A SELF-
DIRECTED PROGRAM TO DEVELOP AND TO ASSIST THE COMMISSIONER IN EVALUATING
APPLICANTS FOR AUTHORIZATIONS OR READINESS REVIEWS TO BE A FISCAL INTER-
MEDIARY.
(G) NEITHER PUBLIC NEED, TAX STATUS NOR PROFIT-MAKING STATUS SHALL BE
A CRITERION FOR AUTHORIZATION UNDER THIS SUBDIVISION. STATUS AS A
LICENSED HOME CARE SERVICES AGENCY OR OTHER HEALTH PROVIDER SHALL NOT
POSITIVELY OR NEGATIVELY AFFECT AN APPLICATION FOR AUTHORIZATION UNDER
THIS SUBDIVISION. AN ORGANIZATION AUTHORIZED PURSUANT TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT BE A FISCAL INTERMEDIARY.
(H) AN AUTHORIZATION UNDER THIS SUBDIVISION SHALL LAST FOR A PERIOD OF
FIVE YEARS. UPON APPLICATION FOR A RENEWAL, THE FISCAL INTERMEDIARY
SHALL SUBMIT UP TO DATE INFORMATION TO THE COMMISSIONER.
4-B. ACTIONS INVOLVING THE AUTHORIZATION OF A FISCAL INTERMEDIARY.
(A) A FISCAL INTERMEDIARY'S AUTHORIZATION MAY BE REVOKED, SUSPENDED,
LIMITED OR ANNULLED UPON THIRTY DAY'S WRITTEN NOTICE TO THE FISCAL
INTERMEDIARY, IF THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS
FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS
PROMULGATED HEREUNDER. NOTWITHSTANDING THE FOREGOING, UPON DETERMINING
THAT THE PUBLIC HEALTH OR SAFETY WOULD BE IMMINENTLY ENDANGERED BY THE
CONTINUED AUTHORIZATION OF THE FISCAL INTERMEDIARY, THE COMMISSIONER MAY
REVOKE, SUSPEND, LIMIT OR ANNUL THE FISCAL INTERMEDIARY'S AUTHORIZATION
IMMEDIATELY.
(B) ALL ORDERS OR DETERMINATIONS UNDER THIS SUBDIVISION SHALL BE
SUBJECT TO REVIEW AS PROVIDED IN ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
§ 2. Subdivision 25 of section 2808 of the public health law, as
amended by section 34 of part D of chapter 56 of the laws of 2012, is
amended to read as follows:
S. 2007--B 16 A. 3007--B
25. Reserved bed days. (a) For purposes of this subdivision, a
"reserved bed day" is a day for which a governmental agency pays a resi-
dential health care facility to reserve a bed for a person eligible for
medical assistance pursuant to title eleven of article five of the
social services law while he or she is [temporarily hospitalized or] on
THERAPEUTIC leave of absence from the facility.
(b) Notwithstanding any other provisions of this section or any other
law or regulation to the contrary, for reserved bed days provided on
behalf of persons twenty-one years of age or older:
(i) payments for reserved bed days shall be made at ninety-five
percent of the Medicaid rate otherwise payable to the facility for
services provided on behalf of such person; AND
(ii) [payment to a facility for reserved bed days provided on behalf
of such person for temporary hospitalizations may not exceed fourteen
days in any twelve month period;
(iii)] payment to a facility for reserved bed days provided on behalf
of such person for [non-hospitalization] THERAPEUTIC leaves of absence
may not exceed ten days in any twelve month period.
[(c)(i) Notwithstanding any contrary provision of this subdivision or
any other law and subject to the availability of federal financial
participation, with regard to services provided to residential health
care facility residents twenty-one years of age and older, the commis-
sioner shall promulgate regulations, and may promulgate emergency regu-
lations, effective for periods on and after July first, two thousand
twelve, establishing reimbursement rates for reserved bed days.
(ii) Such regulations shall, for each Medicaid patient for any twelve
month period, provide for reimbursement for reserved bed days for: (A)
up to an aggregate of fourteen days for hospitalizations and for other
therapeutic leave of absences consistent with a plan of care ordered by
such patient's treating health care professional; and (B) up to an
aggregate of ten days of other leaves of absence.
(iii) No later than thirty days after promulgation of such regu-
lations, the commissioner shall advise the chairs of the senate and
assembly finance and health committees of the projected reductions
expected to be achieved under the methodology set forth in such regu-
lations.
(iv) In the event the commissioner determines, in consultation with
the director of the budget, that the regulations promulgated pursuant to
subparagraph (i) of this paragraph shall achieve projected aggregate
Medicaid savings, as determined by the commissioner, of less than forty
million dollars for the state fiscal year beginning April first, two
thousand twelve, and each state fiscal year thereafter, the commissioner
shall establish a prospective per diem rate adjustment for all nursing
homes, other than nursing homes providing services primarily to children
under the age of twenty-one, sufficient to achieve such forty million
dollars in savings for each such state fiscal year.]
§ 3. Intentionally omitted.
§ 4. Subdivision 2-c of section 2808 of the public health law is
amended by adding a new paragraph (f) to read as follows:
(F) THE COMMISSIONER SHALL ESTABLISH A PROSPECTIVE PER DIEM ADJUSTMENT
FOR ALL NURSING HOMES, OTHER THAN NURSING HOMES PROVIDING SERVICES
PRIMARILY TO CHILDREN UNDER THE AGE OF TWENTY-ONE, BEGINNING APRIL
FIRST, TWO THOUSAND SEVENTEEN AND EACH YEAR THEREAFTER SUFFICIENT TO
ACHIEVE EIGHTEEN MILLION DOLLARS IN SAVINGS IN EACH STATE FISCAL YEAR.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
S. 2007--B 17 A. 3007--B
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.
PART F
Intentionally Omitted
PART G
Section 1. Subdivision 1 of section 92 of part H of chapter 59 of the
laws of 2011, amending the public health law and other laws relating to
known and projected department of health state fund medicaid expendi-
tures, as separately amended by section 1 of part JJ of chapter 54 and
section 18 of part B of chapter 59 of the laws of 2016, is amended to
read as follows:
1. For state fiscal years 2011-12 through [2017-18] 2018-19, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a monthly basis, as reflected in monthly reports pursuant to subdivi-
sion five of this section known and projected department of health state
funds medicaid expenditures by category of service and by geographic
regions, as defined by the commissioner, and if the director of the
budget determines that such expenditures are expected to cause medicaid
disbursements for such period to exceed the projected department of
health medicaid state funds disbursements in the enacted budget finan-
cial plan pursuant to subdivision 3 of section 23 of the state finance
law, the commissioner of health, in consultation with the director of
the budget, shall develop a medicaid savings allocation plan to limit
such spending to the aggregate limit level specified in the enacted
budget financial plan, provided, however, such projections may be
adjusted by the director of the budget to account for any changes in the
New York state federal medical assistance percentage amount established
pursuant to the federal social security act, changes in provider reven-
ues, reductions to local social services district medical assistance
administration, minimum wage increases, and beginning April 1, 2012 the
operational costs of the New York state medical indemnity fund and state
costs or savings from the basic health plan. Such projections may be
adjusted by the director of the budget to account for increased or expe-
dited department of health state funds medicaid expenditures as a result
of a natural or other type of disaster, including a governmental decla-
ration of emergency.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.
PART H
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 B of chapter 60 of the laws of 2014, 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,
[2017] 2020, and shall be thereafter effective only in respect to any
act done on or before such date or action or proceeding arising out of
S. 2007--B 18 A. 3007--B
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,
[2017] 2020, and continued expenditure of funds authorized for programs
and grants until the exhaustion of funds therefor;
§ 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 B of chapter 60 of the laws of 2014, 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, [2017] 2020,
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, [2017] 2020, and continued expenditure of
funds authorized for programs and grants until the exhaustion of funds
therefor;
§ 3. Subparagraph (xv) of paragraph (a) of subdivision 6 of section
2807-s of the public health law, as amended by section 3 of part B of
chapter 60 of the laws of 2014, is amended to read as follows:
(xv) A gross annual statewide amount for the period January first, two
thousand fifteen through December thirty-first, two thousand [seventeen]
TWENTY, shall be one billion forty-five million dollars.
§ 4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 4 of part B of
chapter 60 of the laws of 2014, 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 [seventeen] TWENTY;
§ 5. Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
section 2807-j of the public health law, as amended by section 5 of part
B of chapter 60 of the laws of 2014, 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 [sixteen] NINETEEN, and
(v) one hundred ninety-one million two hundred fifty thousand dollars
of the funds accumulated for the period January first, two thousand
[seventeen] TWENTY through March thirty-first, two thousand [seventeen]
TWENTY.
§ 6. Subdivisions 5-a and 7 of section 2807-m of the public health
law, as amended by section 9 of part B of chapter 60 of the laws of
2014, subparagraphs (iv), (v) and (vi) of paragraph (d) of subdivision
5-a as added by section 4 of part W of chapter 57 of the laws of 2015,
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
S. 2007--B 19 A. 3007--B
regional pools established pursuant to subdivision two of this section
and shall be available for distributions pursuant to subdivision five of
this section and in accordance with section 86-1.89 of title 10 of the
codes, rules and regulations of the state of New York as in effect on
January first, two thousand eight; provided, however, for purposes of
funding the empire clinical research investigation program (ECRIP) in
accordance with paragraph eight of subdivision (e) and paragraph two of
subdivision (f) of section 86-1.89 of title 10 of the codes, rules and
regulations of the state of New York, distributions shall be made using
two regions defined as New York city and the rest of the state and the
dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
sion (f) of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be increased from sixty thousand
dollars to seventy-five thousand dollars.
(ii) For periods on and after January first, two thousand nine,
supplemental distributions pursuant to subdivision five of this section
and in accordance with section 86-1.89 of title 10 of the codes, rules
and regulations of the state of New York shall no longer be made and the
provisions of section 86-1.89 of title 10 of the codes, rules and regu-
lations of the state of New York shall be null and void.
(b) Empire clinical research investigator program (ECRIP). Nine
million one hundred twenty thousand dollars annually for the period
January first, two thousand nine through December thirty-first, two
thousand ten, and two million two hundred eighty thousand dollars for
the period January first, two thousand eleven, through March thirty-
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, [and] up to
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, AND UP TO EIGHT MILLION SIX HUNDRED
TWELVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY, 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.
S. 2007--B 20 A. 3007--B
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
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.
S. 2007--B 21 A. 3007--B
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
shall be available to fund clinical research positions in a subsequent
distribution period.
(G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific basis. Such data and
information shall be certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
(II) For each clinical research position, information on the name,
citizenship status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
(III) Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
(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;
S. 2007--B 22 A. 3007--B
(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, 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] up to four million sixty thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen, AND UP TO FOUR MILLION SIXTY
THOUSAND DOLLARS EACH FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOU-
SAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, 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 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, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, [and] up to 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, AND UP TO
ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR
FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY, 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.
S. 2007--B 23 A. 3007--B
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.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
(e) Physician practice support. Four million nine hundred thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars annually for the period January first, two thousand nine through
December thirty-first, two thousand ten, one million two hundred twen-
ty-five thousand dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, 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] up to 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, AND UP TO
FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, 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 purposes of physi-
cian 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 available funds going to
New York city and two-thirds of available funds going to the rest of the
S. 2007--B 24 A. 3007--B
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, 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] up to 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, AND UP TO FOUR HUNDRED EIGHTY-SEVEN THOUSAND
DOLLARS FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOU-
SAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, 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 to fund a study of physician workforce needs and solutions
including, but not limited to, an analysis of residency programs and
projected physician workforce and community needs. The commissioner
shall enter into agreements with one or more organizations to conduct
such study based on a request for proposal process.
(g) Diversity in medicine/post-baccalaureate program. Notwithstanding
any inconsistent provision of section one hundred twelve or one hundred
sixty-three of the state finance law or any other law, one million nine
hundred sixty thousand dollars annually for the period January first,
two thousand eight through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
S. 2007--B 25 A. 3007--B
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, [and] up to 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, AND UP TO ONE
MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY, 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 econom-
ically 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 annual 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, one million three hundred twenty thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, [and] up to two million
seventy-seven thousand dollars each state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen, AND UP TO TWO MILLION SEVENTY-SEVEN THOUSAND DOLLARS FOR
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVEN-
TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be set aside
and reserved by the commissioner from the regional pools established
pursuant to subdivision two of this section and shall be available for
distributions to the New York state area health education center program
for the purpose of expanding community-based training of medical
students. In addition, one million dollars annually for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand ten, two hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven, and eight hundred eighty thousand dollars each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available for distributions to the New
York state area health education center program for the purpose of post-
secondary training of health care professionals who will achieve specif-
S. 2007--B 26 A. 3007--B
ic 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.
§ 7. Paragraph (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 10 of part B of chapter 60 of the
laws of 2014, 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 [seventeen] TWENTY, by such hospitals
which elect to participate in the system.
§ 8. Subdivision 6 of section 2807-t of the public health law, as
amended by section 15 of part B of chapter 60 of the laws of 2014, 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] TWENTY, 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 sixty-five 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. Any amounts collected in the aggregate at or below one
billion forty-five million dollars on an annual basis, shall be subject
to regional adjustments reconciling any decreases or increases to the
regional allocation in accordance with paragraph (a) of this subdivi-
sion.
§ 9. 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 B of
chapter 60 of the laws of 2014, is amended to read as follows:
§ 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,
[2017; provided, however, that the commissioner of health shall submit a
S. 2007--B 27 A. 3007--B
report to the governor and the legislature detailing the objective,
impact, design and computation of any pilot reimbursement program estab-
lished pursuant to this act, on or before March 31, 1994 and annually
thereafter. Such report shall include an assessment of the financial
impact of such payment system on providers, as well as the impact of
such system on access to care] 2020.
§ 10. 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 B of
chapter 60 of the laws of 2014, is amended to read as follows:
(i) oversight and evaluation of the inpatient financing system in
place for 1988 through March 31, [2017] 2020, and the appropriateness
and effectiveness of the bad debt and charity care financing provisions;
§ 11. Paragraph (l) of subdivision 9 of section 3614 of the public
health law, as added by section 13 of part B of chapter 60 of the laws
of 2014, is amended and three new paragraphs (m), (n) and (o) are added
to read as follows:
(l) for the period April first, two thousand sixteen through March
thirty-first, two thousand seventeen, up to one hundred million
dollars[.];
(M) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND EIGHTEEN, UP TO ONE HUNDRED MILLION DOLLARS;
(N) FOR THE PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN, UP TO ONE HUNDRED MILLION DOLLARS;
(O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, UP TO ONE HUNDRED MILLION DOLLARS.
§ 12. Paragraph (p) of subdivision 1 of section 367-q of the social
services law, as added by section 14 of part B of chapter 60 of the laws
of 2014, is amended and three new paragraphs (q), (r) and (s) are added
to read as follows:
(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[.];
(Q) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND EIGHTEEN, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS;
(R) FOR THE PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN, TWENTY-EIGHT MILLION FIVE HUNDRED
THOUSAND DOLLARS;
(S) FOR THE PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, TWENTY-EIGHT MILLION FIVE HUNDRED
THOUSAND DOLLARS.
§ 13. Subdivision 4-c of section 2807-p of the public health law, as
amended by section 16 of part B of chapter 60 of the laws of 2014, 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
S. 2007--B 28 A. 3007--B
million five hundred thousand dollars, for the period January first, two
thousand nine through December thirty-first, two thousand nine, fifteen
million five hundred thousand dollars, for the period January first, two
thousand ten through December thirty-first, two thousand ten, seven
million five hundred thousand dollars, for the period January first, two
thousand eleven though December thirty-first, two thousand eleven, seven
million five hundred thousand dollars, for the period January first, two
thousand twelve through December thirty-first, two thousand twelve,
seven million five hundred thousand dollars, for the period January
first, two thousand thirteen through December thirty-first, two thousand
thirteen, seven million five hundred thousand dollars, for the period
January first, two thousand fourteen through December thirty-first, two
thousand fourteen, seven million five hundred thousand dollars, for the
period January first, two thousand fifteen through December thirty-
first, two thousand fifteen, seven million five hundred thousand
dollars, for the period January first two thousand sixteen through
December thirty-first, two thousand sixteen, seven million five hundred
thousand dollars, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND SEVENTEEN
THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, SEVEN MILLION
FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOU-
SAND EIGHTEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN,
SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE PERIOD JANUARY
FIRST, TWO THOUSAND NINETEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
NINETEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the peri-
od January first, two thousand [seventeen] TWENTY through March thirty-
first, two thousand [seventeen] TWENTY, in the amount of one million 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.
§ 14. 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 6 of part B of chapter 60 of
the laws of 2014, is amended to read as follows:
§ 34. (1) Notwithstanding any inconsistent provision of law, rule or
regulation and effective April 1, 2008 through March 31, [2017] 2020,
S. 2007--B 29 A. 3007--B
the commissioner of health is authorized to transfer and the state comp-
troller is authorized and directed to receive for deposit to the credit
of the department of health's special revenue fund - other, health care
reform act (HCRA) resources fund - 061, provider collection monitoring
account, within amounts appropriated each year, those funds collected
and accumulated pursuant to section 2807-v of the public health law,
including income from invested funds, for the purpose of payment for
administrative costs of the department of health related to adminis-
tration of statutory duties for the collections and distributions
authorized by section 2807-v of the public health law.
(2) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2017] 2020, 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, [2017] 2020, 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, [2017] 2020, 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, [2017] 2020, 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-
S. 2007--B 30 A. 3007--B
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, [2017] 2020, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, the funds
authorized for distribution in accordance with the provisions of section
2807-l of the public health law for the purposes of payment for adminis-
trative costs of the department of health related to the programs funded
pursuant to section 2807-l of the public health law into the special
revenue funds - other, health care reform act (HCRA) resources fund -
061, pilot health insurance account, established within the department
of health.
(7) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2017] 2020, 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, [2017] 2020, 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, [2017] 2020, 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
S. 2007--B 31 A. 3007--B
act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
§ 15. Paragraph (a) of subdivision 1 of section 18 of chapter 266 of
the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 2 of part C of chapter 59 of the laws of 2016, is
amended to read as follows:
(a) The superintendent of financial services 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 financial services for purposes of providing equiv-
alent 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, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, [and]
between July 1, 2016 and June 30, 2017, AND BETWEEN JULY 1, 2017 AND
JUNE 30, 2018 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,
between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
S. 2007--B 32 A. 3007--B
30, 2015, between July 1, 2015 and June 30, 2016, [and] between July 1,
2016 and June 30, 2017, AND BETWEEN JULY 1, 2017 AND JUNE 30, 2018 for
physicians or dentists certified as eligible for each such period or
periods pursuant to subdivision 2 of this section by a general hospital
licensed pursuant to article 28 of the public health law; provided that
no single insurer shall write more than fifty percent of the total
excess premium for a given policy year; and provided, however, that such
eligible physicians or dentists must have in force an individual policy,
from an insurer licensed in this state of primary malpractice insurance
coverage in amounts of no less than one million three hundred thousand
dollars for each claimant and three million nine hundred thousand
dollars for all claimants under that policy 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 ("channeling") program previous-
ly permitted by the superintendent of financial services 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 malprac-
tice insurance coverage or coverage provided through a voluntary attend-
ing 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 insurance
coverage provided pursuant to this act, exceeds the rate of nine percent
per annum, then the required level of primary malpractice insurance
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 cover-
age, when combined with such primary malpractice insurance coverage,
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.
§ 16. 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 3 of
part C of chapter 59 of the laws of 2016, is amended to read as follows:
(3)(a) The superintendent of financial services 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
occurrences 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,
S. 2007--B 33 A. 3007--B
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, between July 1, 2014 and June
30, 2015, between July 1, 2015 and June 30, 2016, and between July 1,
2016 and June 30, 2017, AND BETWEEN JULY 1, 2017 AND JUNE 30, 2018 allo-
cable 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 financial services 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, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, and between July 1, 2016 and June 30, 2017, AND BETWEEN JULY
1, 2017 AND JUNE 30, 2018 allocable to each general hospital for physi-
cians 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
financial services shall determine and certify to each general hospital
and to the commissioner of health the ratable share of such cost alloca-
ble to the period July 1, 1987 to December 31, 1987, to the period Janu-
ary 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
S. 2007--B 34 A. 3007--B
January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
31, 1997, to the period January 1, 1998 to June 30, 1998, to the period
July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
31, 2000, to the period January 1, 2001 to June 30, 2001, to the period
July 1, 2001 to June 30, 2002, to the period July 1, 2002 to June 30,
2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
the period July 1, 2006 and June 30, 2007, to the period July 1, 2007
and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
period July 1, 2009 and June 30, 2010, to the period July 1, 2010 and
June 30, 2011, to the period July 1, 2011 and June 30, 2012, to the
period July 1, 2012 and June 30, 2013, to the period July 1, 2013 and
June 30, 2014, to the period July 1, 2014 and June 30, 2015, to the
period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June
30, 2017, AND TO THE PERIOD JULY 1, 2017 AND JUNE 30, 2018.
§ 17. 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 4 of part C of chapter 59
of the laws of 2016, 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, during the
period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
June 30, 2015, during the period July 1, 2015 and June 30, 2016, [and
between] DURING THE PERIOD July 1, 2016 and June 30, 2017, AND DURING
THE PERIOD JULY 1, 2017 AND JUNE 30, 2018 allocated or reallocated in
accordance with paragraph (a) of subdivision 4-a of this section to
rates of payment applicable to state governmental agencies, each physi-
cian or dentist for whom a policy for excess insurance coverage or
equivalent excess coverage is purchased for such period shall be respon-
sible for payment to the provider of excess insurance coverage or equiv-
alent 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.
S. 2007--B 35 A. 3007--B
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
covering the period July 1, 2016 to June 30, 2017, OR COVERING THE PERI-
OD JULY 1, 2017 TO JUNE 30, 2018 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 determined 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 financial services.
(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, or covering the period July 1, 2015 to June 30, 2016, or covering
the period July 1, 2016 to June 30, 2017, OR COVERING THE PERIOD JULY 1,
2017 TO JUNE 30, 2018 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 financial
services pursuant to paragraph (b) of this subdivision, excess insurance
S. 2007--B 36 A. 3007--B
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 financial services and the
commissioner of health or their designee of each physician and dentist
eligible 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 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 cover-
ing 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 peri-
od 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 peri-
od 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 peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, OR
COVERING THE PERIOD JULY 1, 2017 TO JUNE 30, 2018 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, and to the period July 1,
2015 to June 30, 2016, [and] to the period July 1, 2016 to June 30,
2017, AND TO THE PERIOD JULY 1, 2017 TO JUNE 30, 2018 received from the
hospital excess liability pool for purchase of excess insurance coverage
S. 2007--B 37 A. 3007--B
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
covering 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 cover-
ing 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 cover-
ing 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 covering 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 cover-
ing 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, and covering the period July 1, 2015 to June 30, 2016,
and covering the period July 1, 2016 to June 30, 2017, AND COVERING THE
PERIOD JULY 1, 2017 TO JUNE 30, 2018 for a physician or dentist where
such excess insurance coverage or equivalent excess coverage is
cancelled in accordance with paragraph (c) of this subdivision.
§ 18. 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 5 of part C of chap-
ter 59 of the laws of 2016, is amended to read as follows:
§ 40. The superintendent of financial services shall establish rates
for policies providing coverage for physicians and surgeons medical
malpractice for the periods commencing July 1, 1985 and ending June 30,
[2017] 2018; 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 superintendent shall direct insurers to establish segregated
accounts for premiums, payments, reserves and investment income attrib-
utable 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
attributable 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, [2017]
2018, at which time and thereafter such surcharge shall not exceed twen-
ty-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, [2017]
2018 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
S. 2007--B 38 A. 3007--B
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 maintenance organization, employer or institution is responsible
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
1986, by this act and at any other time. Notwithstanding any provision
of the insurance law, rates already established and to be established by
the superintendent pursuant to this section are deemed adequate if such
rates would be adequate when taken together with the maximum authorized
annual surcharges to be imposed for a reasonable period of time whether
or not any such annual surcharge has been actually imposed as of the
establishment of such rates.
§ 19. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending 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 6
of part C of chapter 59 of the laws of 2016, are amended to read as
follows:
§ 5. The superintendent of financial services 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, June 15, 2014, June 15, 2015, June 15, 2016, [and] June 15, 2017,
AND JUNE 15, 2018 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 physi-
cians 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,
S. 2007--B 39 A. 3007--B
2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30,
2017, OR TO JULY 1, 2017 TO JUNE 30, 2018 as applicable.
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services 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 liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age 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, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, OR JULY 1, 2017 TO JUNE 30, 2018
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 financial services for the purchase of excess liability insurance
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, [and] June 15, 2017, AND JUNE 15, 2018 as applica-
ble.
§ 20. 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 seventeen, shall be eligible to apply for such coverage for
the coverage period beginning the first of July, two thousand seventeen;
provided, however, if the total number of physicians or dentists for
whom such excess coverage or equivalent excess coverage was purchased
for the policy year ending the thirtieth of June, two thousand seventeen
exceeds the total number of physicians or dentists certified as eligible
for the coverage period beginning the first of July, two thousand seven-
teen, then the general hospitals may certify additional eligible physi-
cians or dentists in a number equal to such general hospital's propor-
tional share of the total number of physicians or dentists for whom
excess coverage or equivalent excess coverage was purchased with funds
available in the hospital excess liability pool as of the thirtieth of
June, two thousand seventeen, as applied to the difference between the
number of eligible physicians or dentists for whom a policy for excess
S. 2007--B 40 A. 3007--B
coverage or equivalent excess coverage was purchased for the coverage
period ending the thirtieth of June, two thousand seventeen and the
number of such eligible physicians or dentists who have applied for
excess coverage or equivalent excess coverage for the coverage period
beginning the first of July, two thousand seventeen.
§ 21. Section 2807-l of the public health law, as amended by section 7
of part B of chapter 60 of the laws of 2014, is amended to read as
follows:
§ 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
lated in the health care initiatives pools pursuant to paragraph (b) of
subdivision nine of section twenty-eight hundred seven-j of this arti-
cle, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following periods in
the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
(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;
S. 2007--B 41 A. 3007--B
(xi) from the health care reform act (HCRA) resources fund for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight million fifty-nine
thousand dollars;
(xii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December thirty-first,
two thousand ten, up to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars;
(xiv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million seven hundred
forty-four thousand dollars;
(xv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six million four hundred
forty-four thousand dollars;
(xvi) from the health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through March thirty-first,
two thousand fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
(xvii) from the health care reform act (HCRA) resources fund for each
state fiscal year for periods on and after April first, two thousand
fourteen, within amounts appropriated.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover-
age act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
(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
S. 2007--B 42 A. 3007--B
(B) an amount not to exceed seven million dollars on an annualized
basis for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the periods January first, two
thousand through December thirty-first, two thousand two, and three
million dollars for the period January first, two thousand three through
December thirty-first, two thousand three, and two million dollars for
the period January first, two thousand four through December thirty-
first, two thousand four, and two million dollars for the period January
first, two thousand five through June thirtieth, two thousand five shall
be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance partnership program
as in effect prior to June thirtieth, two thousand three, voucher
program as in effect prior to December thirty-first, two thousand one,
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and accumu-
lated from year to year from the pool for the period January first,
nineteen hundred ninety-seven through December thirty-first, nineteen
hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year
to year from the pools for the periods January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight and January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up to eighty-four million
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-
S. 2007--B 43 A. 3007--B
mulated from year to year from the health care reform act (HCRA)
resources fund for the period January first, two thousand six through
December thirty-first, two thousand six, up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, up to fifty-five million six hundred
eighty-nine thousand dollars annually shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand eight through December thir-
ty-first, two thousand ten, up to thirteen million nine hundred twenty-
two thousand dollars shall be reserved and accumulated from year to year
from the health care reform act (HCRA) resources fund for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and for periods on and after April first, two thousand
eleven, up to funding 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
S. 2007--B 44 A. 3007--B
twenty-two million five hundred fifty thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three, up to nine million six hundred eighty thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four, up to twelve million one hundred thirty
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to twenty-four million two
hundred fifty thousand dollars for the period January first, two thou-
sand six through December thirty-first, two thousand six, up to twenty
million four hundred ninety-two thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million one hundred twenty-three thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to eighteen million three hundred
fifty thousand dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve, up to eighteen million
nine hundred fifty thousand dollars for the period April first, two
thousand twelve through March thirty-first, two thousand thirteen, up to
nineteen million four hundred nineteen thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen, and up to nineteen million six hundred fifty-nine thou-
sand seven hundred dollars each state fiscal year for the period of
April first, two thousand fourteen through March thirty-first, two thou-
sand [seventeen] TWENTY;
(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, up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, and up to two million nine
hundred thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
[seventeen] TWENTY 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 Janu-
ary 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 peri-
od 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
S. 2007--B 45 A. 3007--B
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, and for
the purposes outlined in such memorandum upon the recommendation of the
speaker of the assembly, up to eight million five hundred thousand
dollars annually for the periods January first, two thousand through
December thirty-first, two thousand six, and up to four million two
hundred fifty thousand dollars for the period January first, two thou-
sand seven through June thirtieth, two thousand seven; and
(C) for services and expenses, including grants, related to emergency
assistance distributions as designated by the commissioner. Notwith-
standing section one hundred twelve or one hundred sixty-three of the
state finance law or any other contrary provision of law, such distrib-
utions shall be limited to providers or programs where, as determined by
the commissioner, emergency assistance is vital to protect the life or
safety of patients, to ensure the retention of facility caregivers or
other staff, or in instances where health facility operations are jeop-
ardized, or where the public health is jeopardized or other emergency
situations exist, up to three million dollars annually for the period
April first, two thousand seven through March thirty-first, two thousand
eleven, up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, [and] up to two million nine
hundred thousand dollars each state fiscal year for the period April
first, two thousand fourteen through March thirty-first, two thousand
seventeen, AND UP TO TWO MILLION NINE HUNDRED THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY. Upon any distribution
of such funds, the commissioner shall immediately notify the chair and
ranking minority member of the senate finance committee, the assembly
ways and means committee, the senate committee on health, and the assem-
bly 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, up to two
million five hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, [and] up to three million dollars each state fiscal
year for the period April first, two thousand fourteen through March
S. 2007--B 46 A. 3007--B
thirty-first, two thousand seventeen, AND UP TO THREE MILLION DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVEN-
TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY; and
(v) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, miscellaneous special revenue fund - 339 maternal and
child HIV services account or the health care reform act (HCRA)
resources fund, whichever is applicable, for purposes of a special
program for HIV services for women and children, including adolescents
pursuant to section twenty-five hundred-f-one of this chapter, up to
five million dollars annually for the periods January first, two thou-
sand through December thirty-first, two thousand two, up to five million
dollars for the period January first, two thousand three through Decem-
ber 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 thousand 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, 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, AND UP TO NINETEEN
MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
PERIOD OF APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY, shall be transferred to the health facility
restructuring pool established pursuant 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
S. 2007--B 47 A. 3007--B
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, during the period January first, nineteen
hundred ninety-seven through December thirty-first, nineteen hundred
ninety-nine, up to fifty million dollars on an annualized basis, up to
thirty million dollars for the period January first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December thirty-
first, two thousand one, up to fifty million dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two, up to forty-one million one hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three, up to forty-one million one hundred fifty
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to fifty-eight million
three hundred sixty thousand dollars for the period January first, two
thousand five through December thirty-first, two thousand five, up to
fifty-two million three hundred sixty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six, up to thirty-five million four hundred thousand dollars annu-
ally for the period January first, two thousand seven through December
thirty-first, two thousand ten, up to eight million eight hundred fifty
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, 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
seventeen, AND UP TO TWENTY-SIX MILLION EIGHT HUNDRED SEVENTEEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, less the
amount of funds available for allocations for rate adjustments for work-
force 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
S. 2007--B 48 A. 3007--B
million dollars annually, and for the period January first, two thousand
five through December thirty-first, two thousand five, eighty-two
million dollars, and for the period January first, two thousand six
through December thirty-first, two thousand six, eighty-two million
dollars, and for the period January first, two thousand seven through
December thirty-first, two thousand seven, eighty-two million dollars,
and for the period January first, two thousand eight through December
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other, HCRA transfer fund,
medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January first, two thousand ten
through December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, one hundred forty-six million four hundred
thousand dollars, shall be deposited by the commissioner, and the state
comptroller is hereby authorized and directed to receive for deposit, to
the credit of the state special revenue fund - other, HCRA transfer
fund, medical assistance account.
(g) Funds shall be transferred to primary health care services pools
created by the commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools for the following periods in the following
percentage amounts of funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
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;
S. 2007--B 49 A. 3007--B
(B) from the pool for the period January first, nineteen hundred nine-
ty-eight through December thirty-first, nineteen hundred ninety-eight,
six and thirty-five-hundredths percent; and
(C) from the pool for the period January first, nineteen hundred nine-
ty-nine through December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(ii) funds shall be available for distributions including income from
invested funds as follows:
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any funds
remaining or unallocated for distributions for the primary care practi-
tioner scholarship program in accordance with section nine hundred four
of this chapter.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for distrib-
utions in accordance with section twenty-nine hundred fifty-two and
section twenty-nine hundred fifty-eight of this chapter for rural health
care delivery development and rural health care access development,
respectively, from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable,
for the following periods in the following percentage amounts of funds
remaining after allocations in accordance with paragraphs (a) through
(f) of this subdivision, and for periods on and after January first, two
thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirteen and forty-nine-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars annu-
ally, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five, up to
nineteen million two hundred thousand dollars, 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 thirty-first, two
thousand ten, up to eighteen million one hundred fifty thousand dollars
S. 2007--B 50 A. 3007--B
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, for each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to sixteen million two hundred thousand dollars, [and]
up to sixteen million two hundred thousand dollars each state fiscal
year for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen, AND UP TO SIXTEEN MILLION TWO
HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions related to health information and health care quality
improvement pursuant to former section twenty-eight hundred seven-n of
this article from the respective health care initiatives pools estab-
lished for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, six and thirty-five-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
(k) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for allo-
cations and distributions in accordance with section twenty-eight
hundred seven-p of this article for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision, and for periods on and after January
first, two thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirty-eight and one-tenth percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirty-eight and one-tenth percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, forty-eight million dollars
annually, and for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
(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
S. 2007--B 51 A. 3007--B
annually, for the period January first, two thousand seven through
December thirty-first, two thousand thirteen, up to forty-eight million
dollars annually, for the period January first, two thousand fourteen
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, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, 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, 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, AND FOR THE PERIOD APRIL FIRST, TWO
THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, AN
ADDITIONAL SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY for
voluntary non-profit diagnostic and treatment center uncompensated care
in accordance with subdivision 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;
S. 2007--B 52 A. 3007--B
(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,
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 first, two
thousand fourteen through March thirty-first, two thousand [seventeen]
TWENTY.
(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-
S. 2007--B 53 A. 3007--B
sand ten, up to nineteen million dollars annually, and for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to four million seven hundred fifty thousand dollars.
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section shall be reserved and accumulated from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other, miscellaneous special revenue
fund - 339, child health insurance account or any successor fund or
account, for purposes of distributions to implement the child health
insurance program established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for periods on and
after January first, two thousand one; provided, however, funds reserved
and accumulated for priority distributions pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall not be
transferred and deposited into such account pursuant to this subdivi-
sion; and provided further, however, that any unused or uncommitted pool
funds accumulated and allocated pursuant to paragraph (j) of subdivision
one of this section shall be distributed for purposes of the health
information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section shall not be
included in gross revenue received for purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of this article, subject to the provisions of paragraph (e) of subdivi-
sion eighteen of section twenty-eight hundred seven-c of this article,
and shall not be included in gross revenue received for purposes of the
assessments pursuant to section twenty-eight hundred seven-d of this
article, subject to the provisions of subdivision twelve of section
twenty-eight hundred seven-d of this article.
§ 22. Section 2807-v of the public health law, as amended by section 8
of part B of chapter 60 of the laws of 2014, is amended to read as
follows:
§ 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:
S. 2007--B 54 A. 3007--B
(a) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of services and expenses related to the toll-free medicaid
fraud hotline established pursuant to section one hundred eight of chap-
ter one of the laws of nineteen hundred ninety-nine from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: four hundred thousand dollars annually
for the periods January first, two thousand through December thirty-
first, two thousand two, up to four hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three, up to four hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four, up to four hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five, up to four hundred thousand dollars for the period January first,
two thousand six through December thirty-first, two thousand six, up to
four hundred thousand dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven, up to four
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to four
hundred thousand dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, up to four hundred
thousand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten, up to one hundred thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven and within amounts appropriated on and
after April first, two thousand eleven.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of payment of audits or audit contracts necessary to determine payor and
provider compliance with requirements set forth in sections twenty-eight
hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred
seven-t of this article from the tobacco control and insurance initi-
atives pool established for the following periods in the following
amounts: five million six hundred thousand dollars annually for the
periods January first, two thousand through December thirty-first, two
thousand two, up to five million dollars for the period January first,
two thousand three through December thirty-first, two thousand three, up
to five million dollars for the period January first, two thousand four
through December thirty-first, two thousand four, up to five million
dollars for the period January first, two thousand five through December
thirty first, two thousand five, up to five million dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, up to seven million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and up to eight million three hundred twen-
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-
S. 2007--B 55 A. 3007--B
od January first, two thousand eleven through March thirty-first, two
thousand eleven, up to fourteen million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, [and] up to eleven
million one hundred thousand dollars each state fiscal year for the
period April first, two thousand fourteen through March thirty-first,
two thousand seventeen, AND UP TO ELEVEN MILLION ONE HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(c) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, enhanced community services
account, or any successor fund or account, for mental health services
programs for case management services for adults and children; supported
housing; home and community based waiver services; family based treat-
ment; family support services; mobile mental health teams; transitional
housing; and community oversight, established pursuant to articles seven
and forty-one of the mental hygiene law and subdivision nine of section
three hundred sixty-six of the social services law; and for comprehen-
sive care centers for eating disorders pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, provided however
that, for such centers, funds in the amount of five hundred thousand
dollars on an annualized basis shall be transferred from the enhanced
community services account, or any successor fund or account, and depos-
ited into the fund established by section ninety-five-e of the state
finance law; from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-eight million dollars to be reserved, to be retained or for
distribution pursuant to a chapter of the laws of two thousand, for the
period January first, two thousand through December thirty-first, two
thousand;
(ii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand one,
for the period January first, two thousand one through December thirty-
first, two thousand one;
(iii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand two,
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) eighty-eight million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand
three, for the period January first, two thousand three through December
thirty-first, two thousand three;
(v) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(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;
S. 2007--B 56 A. 3007--B
(vii) eighty-eight million dollars, plus five hundred thousand
dollars, to be reserved, to be retained or for distribution pursuant to
a chapter of the laws of two thousand six, and pursuant to former
section twenty-seven hundred ninety-nine-l of this chapter, for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) eighty-six million four hundred thousand dollars, plus five
hundred thousand dollars, to be reserved, to be retained or for distrib-
ution pursuant to a chapter of the laws of two thousand seven and pursu-
ant to the former section twenty-seven hundred ninety-nine-l of this
chapter, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand seven; and
(ix) twenty-two million nine hundred thirteen thousand dollars, plus
one hundred twenty-five thousand dollars, to be reserved, to be retained
or for distribution pursuant to a chapter of the laws of two thousand
eight and pursuant to the former section twenty-seven hundred ninety-
nine-l of this chapter, for the period January first, two thousand eight
through March thirty-first, two thousand eight.
(d) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two, for administration and marketing costs associated with such program
established pursuant to clause (A) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) twenty-seven million dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
(iii) fifty-seven million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(e) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two for administration and marketing costs associated with such program
established pursuant to clause (B) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(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
S. 2007--B 57 A. 3007--B
(iii) sixty-six million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(f) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of payment of administrative expenses of the department related
to the family health plus program established pursuant to section three
hundred sixty-nine-ee of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: five hundred thousand dollars on an
annual basis for the periods January first, two thousand through Decem-
ber thirty-first, two thousand six, five hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and five hundred thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight, five hundred thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, five hundred thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, one
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven and
within amounts appropriated on and after April first, two thousand elev-
en.
(g) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the health maintenance organization
direct pay market program established pursuant to sections forty-three
hundred twenty-one-a and forty-three hundred twenty-two-a of the insur-
ance law from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to thirty-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(ii) up to thirty-six million dollars for the period January first,
two thousand one through December thirty-first, two thousand one of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iii) up to thirty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(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;
S. 2007--B 58 A. 3007--B
(v) up to forty million dollars for the period January first, two
thousand four through December thirty-first, two thousand four of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vi) up to forty million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vii) up to forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand six of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
(viii) up to forty million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law;
and
(ix) up to forty million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight of
which fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law.
(h) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York individual
program established pursuant to sections four thousand three hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to six million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(ii) up to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to five million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(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;
S. 2007--B 59 A. 3007--B
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York group program
established pursuant to sections four thousand three hundred twenty-six
and four thousand three hundred twenty-seven of the insurance law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty-four million dollars for the period January first,
two thousand one through December thirty-first, two thousand one;
(ii) up to seventy-seven million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to ten million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
subdivision, the commissioner shall reserve and accumulate up to two
million five hundred thousand dollars annually for the periods January
first, two thousand four through December thirty-first, two thousand
six, one million four hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, two million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, from funds
otherwise available for distribution under such paragraphs for the
services and expenses related to the pilot program for entertainment
industry employees included in subsection (b) of section one thousand
one hundred twenty-two of the insurance law, and an additional seven
hundred thousand dollars annually for the periods January first, two
thousand four through December thirty-first, two thousand six, an addi-
tional three hundred thousand dollars for the period January first, two
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
S. 2007--B 60 A. 3007--B
of services and expenses related to the tobacco use prevention and
control program established pursuant to sections thirteen hundred nine-
ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to forty million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) up to forty million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to eighty-one million nine hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to support costs associated with cancer research;
(viii) up to ninety-four million one hundred fifty thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven, provided, however, that within amounts
appropriated, a portion of such funds may be transferred to the Roswell
Park Cancer Institute Corporation to support costs associated with
cancer research;
(ix) up to ninety-four million one hundred fifty thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(x) up to ninety-four million one hundred fifty thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(xi) up to eighty-seven million seven hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
(xii) up to twenty-one million four hundred twelve thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
(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 six million dollars each state fiscal year for the period
April first, two thousand fourteen through March thirty-first, two thou-
sand seventeen[.]; AND
(XV) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY.
(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,
S. 2007--B 61 A. 3007--B
or any successor fund or account, for purposes of services and expenses
related to public health programs, including comprehensive care centers
for eating disorders pursuant to the former section twenty-seven hundred
ninety-nine-l of this chapter, provided however that, for such centers,
funds in the amount of five hundred thousand dollars on an annualized
basis shall be transferred from the health care services account, or any
successor fund or account, and deposited into the fund established by
section ninety-five-e of the state finance law for periods prior to
March thirty-first, two thousand eleven, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) up to thirty-one million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty-one million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-one million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) one hundred twenty-two million five hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) one hundred eight million five hundred seventy-five thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand four through December thirty-first, two
thousand four;
(vi) ninety-one million eight hundred thousand dollars, plus an addi-
tional five hundred thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) one hundred fifty-six million six hundred thousand dollars, plus
an additional five hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six;
(viii) one hundred fifty-one million four hundred thousand dollars,
plus an additional five hundred thousand dollars, for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(ix) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(x) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand nine through December thirty-first, two
thousand nine;
(xi) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand ten through December thirty-first, two
thousand ten;
(xii) twenty-nine million two hundred thirty-seven thousand two
hundred fifty dollars, plus an additional one hundred twenty-five thou-
sand dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(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.
S. 2007--B 62 A. 3007--B
(l) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the personal care and certified home health agency rate or fee
increases established pursuant to subdivision three of section three
hundred sixty-seven-o of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) twenty-three million two hundred thousand dollars for the period
January first, two thousand through December thirty-first, two thousand;
(ii) twenty-three million two hundred thousand dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one;
(iii) twenty-three million two hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(vi) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to sixteen million three hundred thousand dollars for the
period January first, two thousand eight through March thirty-first, two
thousand eight.
(m) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to home care workers insurance
pilot demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
(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;
S. 2007--B 63 A. 3007--B
(iv) up to three million eight hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) up to three million eight hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(vi) up to three million eight hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to three million eight hundred thousand dollars for the peri-
od January first, two thousand six through December thirty-first, two
thousand six;
(viii) up to three million eight hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to nine hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(n) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the special revenue funds - other, miscellaneous
special revenue fund - 339, elderly pharmaceutical insurance coverage
program premium account authorized pursuant to the provisions of title
three of article two of the elder law, or any successor fund or account,
for funding state expenses relating to the program from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) one hundred seven million dollars for the period January first,
two thousand through December thirty-first, two thousand;
(ii) one hundred sixty-four million dollars for the period January
first, two thousand one through December thirty-first, two thousand one;
(iii) three hundred twenty-two million seven hundred thousand dollars
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) four hundred thirty-three million three hundred thousand dollars
for the period January first, two thousand three through December thir-
ty-first, two thousand three;
(v) five hundred four million one hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) five hundred sixty-six million eight hundred thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five;
(vii) six hundred three million one hundred fifty thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(viii) six hundred sixty million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(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;
S. 2007--B 64 A. 3007--B
(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;
(xv) one hundred twenty-eight million eight hundred fifty thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen; [and]
(xvi) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen[.]; AND
(XVII) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(o) Funds shall be reserved and accumulated and shall be transferred
to the Roswell Park Cancer Institute Corporation, from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) up to ninety million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to sixty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-five million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) eighty-five million two hundred fifty thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) seventy-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) seventy-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) ninety-one million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventy-eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(ix) seventy-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) seventy-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) seventy-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) nineteen million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(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]
S. 2007--B 65 A. 3007--B
(xiv) up to ninety-six million six hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen[.]; AND
(XV) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(p) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, indigent care fund - 068, indigent care account,
or any successor fund or account, for purposes of providing a medicaid
disproportionate share payment from the high need indigent care adjust-
ment pool established pursuant to section twenty-eight hundred seven-w
of this article, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) eighty-two million dollars annually for the periods January first,
two thousand through December thirty-first, two thousand two;
(ii) up to eighty-two million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
(iii) up to eighty-two million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(iv) up to eighty-two million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eighty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to eighty-two million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(vii) up to eighty-two million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
(viii) up to eighty-two million dollars for the period January first,
two thousand nine through December thirty-first, two thousand nine;
(ix) up to eighty-two million dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten;
(x) up to twenty million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) up to eighty-two million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
(q) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing distributions to eligible school based health centers
established pursuant to section eighty-eight of chapter one of the laws
of nineteen hundred ninety-nine, from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) seven million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
(ii) up to seven million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
(iii) up to seven million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(iv) up to seven million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to seven million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
S. 2007--B 66 A. 3007--B
(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;
(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-eighty thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen[.]; AND
(XIII) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVEN-
TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(r) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of providing distributions for supplemen-
tary medical insurance for Medicare part B premiums, physicians
services, outpatient services, medical equipment, supplies and other
health services, from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-three million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) sixty-one million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(iii) sixty-five million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) sixty-seven million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) sixty-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) sixty-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) sixty-eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventeen million five hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(ix) sixty-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) sixty-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) sixty-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) seventeen million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven; and
S. 2007--B 67 A. 3007--B
(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.
(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
S. 2007--B 68 A. 3007--B
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-
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;
S. 2007--B 69 A. 3007--B
(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;
(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[.]; AND
(XIII) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(w) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the treatment of breast and cervical cancer pursuant to para-
graph (v) of subdivision four of section three hundred sixty-six of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods in the following amounts:
(i) up to four hundred fifty thousand dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
(ii) up to two million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to two million one hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to two million one hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to two million one hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) up to two million one hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million one hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million one hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million one hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) up to five hundred twenty-five thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(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[.]; AND
S. 2007--B 70 A. 3007--B
(XIII) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(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
(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;
S. 2007--B 71 A. 3007--B
(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;
(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.
S. 2007--B 72 A. 3007--B
(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
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;
S. 2007--B 73 A. 3007--B
(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;
(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[.]; AND
(M) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY.
(ii) Adjustments to Medicaid rates made pursuant to this paragraph
shall not, in aggregate, exceed the following amounts for the following
periods:
(A) for the period April first, two thousand two through December
thirty-first, two thousand two, one hundred ten million dollars;
(B) for the period January first, two thousand three through December
thirty-first, two thousand three, one hundred eighty-five million
dollars;
(C) for the period January first, two thousand four through December
thirty-first, two thousand four, two hundred sixty million dollars;
(D) for the period January first, two thousand five through December
thirty-first, two thousand five, three hundred forty million dollars;
(E) for the period January first, two thousand six through December
thirty-first, two thousand six, three hundred forty million dollars;
(F) for the period January first, two thousand seven through December
thirty-first, two thousand seven, three hundred forty million dollars;
(G) for the period January first, two thousand eight through December
thirty-first, two thousand eight, three hundred forty million dollars;
(H) for the period January first, two thousand nine through December
thirty-first, two thousand nine, three hundred forty million dollars;
(I) for the period January first, two thousand ten through December
thirty-first, two thousand ten, three hundred forty million dollars;
(J) for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, eighty-five million dollars;
S. 2007--B 74 A. 3007--B
(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[.]; AND
(M) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO
THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY,
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;
(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;
S. 2007--B 75 A. 3007--B
(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;
(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[.]; AND
(XIII) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
(dd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods in
the following amounts:
(i) up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(ii) eighty-one million two hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) eighty-five million two hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) eighty-five million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) eighty-five million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
S. 2007--B 76 A. 3007--B
(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
(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:
S. 2007--B 77 A. 3007--B
(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;
(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[.]; AND
(XIII) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY.
(gg) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) up to three million two hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) up to five million six hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) up to eight million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to eight million six hundred thousand dollars on an annualized
basis for the period January first, two thousand six through December
thirty-first, two thousand six;
S. 2007--B 78 A. 3007--B
(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
(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
S. 2007--B 79 A. 3007--B
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;
(xi) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen; [and]
(xii) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen[.]; AND
(XIII) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY.
(jj) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purposes of a grant program to improve access to infertility services,
treatments and procedures, from the tobacco control and insurance initi-
atives pool established for the period January first, two thousand two
through December thirty-first, two thousand two in the amount of nine
million one hundred seventy-five thousand dollars, for the period April
first, two thousand six through March thirty-first, two thousand seven
in the amount of five million dollars, for the period April first, two
thousand seven through March thirty-first, two thousand eight in the
amount of five million dollars, for the period April first, two thousand
eight through March thirty-first, two thousand nine in the amount of
five million dollars, and for the period April first, two thousand nine
through March thirty-first, two thousand ten in the amount of five
million dollars, for the period April first, two thousand ten through
March thirty-first, two thousand eleven in the amount of two million two
S. 2007--B 80 A. 3007--B
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;
(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;
S. 2007--B 81 A. 3007--B
(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-
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
S. 2007--B 82 A. 3007--B
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;
(L) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand thirteen through March thirty-first,
two thousand fourteen; and
(M) up to three hundred ten million five hundred ninety-five thousand
dollars for the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen.
(nn) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes related to adult home
initiatives for medicaid eligible residents of residential facilities
licensed pursuant to section four hundred sixty-b of the social services
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to four million dollars for the period January first, two thou-
sand three through December thirty-first, two thousand three;
(ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
(iii) up to eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five,
S. 2007--B 83 A. 3007--B
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;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(vii) up to five million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
S. 2007--B 84 A. 3007--B
(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
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
S. 2007--B 85 A. 3007--B
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;
(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
S. 2007--B 86 A. 3007--B
(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
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:
S. 2007--B 87 A. 3007--B
(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.
(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
S. 2007--B 88 A. 3007--B
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
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;
S. 2007--B 89 A. 3007--B
(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;
(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, 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 each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen,
AND UP TO TWO MILLION SIX HUNDRED FORTY-FOUR THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY. 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. 2007--B 90 A. 3007--B
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;
(vii) up to fifty million dollars each state fiscal year for the peri-
od April first, two thousand eleven through March thirty-first, two
thousand fourteen; [and]
(viii) up to fifty million dollars each state fiscal year for the
period April first, two thousand fourteen through March thirty-first,
two thousand seventeen[.]; AND
(IX) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY.
(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
S. 2007--B 91 A. 3007--B
eight million dollars for the period April first, two thousand six
through December thirty-first, two thousand six.
(eee) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, to the Center
for Functional Genomics at the State University of New York at Albany,
for the purposes of the Adirondack network for cancer education and
research in rural communities grant program to improve access to health
care and shall be made available from the tobacco control and insurance
initiatives pool established for the following period in the amount of
up to five million dollars for the period January first, two thousand
six through December thirty-first, two thousand six.
(fff) Funds shall be made available to the empire state stem cell fund
established by section ninety-nine-p of the state finance law within
amounts appropriated up to fifty million dollars annually and shall not
exceed five hundred million dollars in total.
(ggg) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for hospital translation services as
authorized pursuant to paragraph (k) of subdivision one of section twen-
ty-eight hundred seven-c of this article from the tobacco control and
initiatives pool established for the following periods in the following
amounts:
(i) sixteen million dollars for the period July first, two thousand
eight through December thirty-first, two thousand eight; and
(ii) fourteen million seven hundred thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(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
S. 2007--B 92 A. 3007--B
program, in which case the funding authorized pursuant to this paragraph
shall be utilized as the non-federal share for such payments:
Thirty million dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve.
2. (a) For periods prior to January first, two thousand five, the
commissioner is authorized to contract with the article forty-three
insurance law plans, or such other contractors as the commissioner shall
designate, to receive and distribute funds from the tobacco control and
insurance initiatives pool established pursuant to this section. In the
event contracts with the article forty-three insurance law plans or
other commissioner's designees are effectuated, the commissioner shall
conduct annual audits of the receipt and distribution of such funds. The
reasonable costs and expenses of an administrator as approved by the
commissioner, not to exceed for personnel services on an annual basis
five hundred thousand dollars, for collection and distribution of funds
pursuant to this section shall be paid from such funds.
(b) Notwithstanding any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any other
law, at the discretion of the commissioner without a competitive bid or
request for proposal process, contracts in effect for administration of
pools established pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-l and twenty-eight hundred seven-m of this
article for the period January first, nineteen hundred ninety-nine
through December thirty-first, nineteen hundred ninety-nine may be
extended to provide for administration pursuant to this section and may
be amended as may be necessary.
§ 23. This act shall take effect immediately; provided, however, that:
(a) the amendments made to sections 2807-s and 2807-j of the public
health law made by sections three, four and five of this act shall not
affect the expiration of such sections and shall expire therewith; and
(b) the amendments to subdivision 6 of section 2807-t of the public
health law made by section eight of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith; and
(c) the amendments to paragraph (i-1) of subdivision 1 of section
2807-v of the public health law made by section twenty-two of this act
hall not affect the repeal of such paragraph and shall be deemed
repealed therewith.
PART I
Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, as amended by section 1
of part D of chapter 57 of the laws of 2015, is amended to read as
follows:
§ 11. This act shall take effect immediately and:
(a) sections one and three shall expire on December 31, 1996,
(b) sections four through ten shall expire on June 30, [2017] 2019,
and
(c) provided that the amendment to section 2807-b of the public health
law by section two of this act shall not affect the expiration of such
section 2807-b as otherwise provided by law and shall be deemed to
expire therewith.
§ 2. 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
S. 2007--B 93 A. 3007--B
by section 6 of part D of chapter 59 of the laws of 2016, 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, [2018] 2019;
§ 3. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 3 of part D of
chapter 57 of the laws of 2015, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any
other provision of law or regulation to the contrary, for residential
health care facilities the assessment shall be six percent of each resi-
dential health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the period
April first, two thousand two through March thirty-first, two thousand
three for hospital or health-related services, including adult day
services; provided, however, that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March thirty-first,
two thousand five, such assessment shall be five percent, and further
provided that for all such gross receipts received on or after April
first, two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand nine through March thirty-
first, two thousand eleven such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April first, two
thousand thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all such
gross receipts received on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, AND FURTHER PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS
RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN SUCH ASSESSMENT SHALL BE SIX
PERCENT.
§ 4. Subdivision 1 of section 194 of chapter 474 of the laws of 1996,
amending the education law and other laws relating to rates for residen-
tial health care facilities, as amended by section 5 of part D of chap-
ter 57 of the laws of 2015, is amended to read as follows:
1. Notwithstanding any inconsistent provision of law or regulation,
the trend factors used to project reimbursable operating costs to the
rate period for purposes of determining rates of payment pursuant to
article 28 of the public health law for residential health care facili-
ties for reimbursement of inpatient services provided to patients eligi-
ble for payments made by state governmental agencies on and after April
1, 1996 through March 31, 1999 and for payments made on and after July
1, 1999 through March 31, 2000 and on and after April 1, 2000 through
March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
on and after April 1, 2007 through March 31, 2009 and on and after April
1, 2009 through March 31, 2011 and on and after April 1, 2011 through
March 31, 2013 and on and after April 1, 2013 through March 31, 2015,
and on and after April 1, 2015 through March 31, 2017, AND ON AND AFTER
APRIL 1, 2017 THROUGH MARCH 31, 2019 shall reflect no trend factor
projections or adjustments for the period April 1, 1996, through March
31, 1997.
S. 2007--B 94 A. 3007--B
§ 5. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
of 2007, amending the social services law and other laws relating to
enacting the major components of legislation necessary to implement the
health and mental hygiene budget for the 2007-2008 state fiscal year, as
amended by section 6 of part D of chapter 57 of the laws of 2015, is
amended to read as follows:
1. Notwithstanding paragraph (c) of subdivision 10 of section 2807-c
of the public health law and section 21 of chapter 1 of the laws of
1999, as amended, and any other inconsistent provision of law or regu-
lation to the contrary, in determining rates of payments by state
governmental agencies effective for services provided beginning April 1,
2006, through March 31, 2009, and on and after April 1, 2009 through
March 31, 2011, and on and after April 1, 2011 through March 31, 2013,
and on and after April 1, 2013 through March 31, 2015, and on and after
April 1, 2015 through March 31, 2017, AND ON AND AFTER APRIL 1, 2017
THROUGH MARCH 31, 2019 for inpatient and outpatient services provided by
general hospitals and for inpatient services and outpatient adult day
health care services provided by residential health care facilities
pursuant to article 28 of the public health law, the commissioner of
health shall apply a trend factor projection of two and twenty-five
hundredths percent attributable to the period January 1, 2006 through
December 31, 2006, and on and after January 1, 2007, provided, however,
that on reconciliation of such trend factor for the period January 1,
2006 through December 31, 2006 pursuant to paragraph (c) of subdivision
10 of section 2807-c of the public health law, such trend factor shall
be the final US Consumer Price Index (CPI) for all urban consumers, as
published by the US Department of Labor, Bureau of Labor Statistics less
twenty-five hundredths of a percentage point.
§ 6. Subdivision 5-a 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 section 11 of part D of
chapter 57 of the laws of 2015, is amended to read as follows:
5-a. Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31, 1999
and on and after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on and after April 1, 2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009, and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and after April 1,
2013 through March 31, 2015, and on and after April 1, 2015 through
March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31, 2019;
§ 7. Section 64-b 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 section 12 of part D of chapter 57 of the
laws of 2015, is amended to read as follows:
§ 64-b. Notwithstanding any inconsistent provision of law, the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and after April 1, 2015
through March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
2019.
S. 2007--B 95 A. 3007--B
§ 8. Subdivision (a) of section 40 of part B of chapter 109 of the
laws of 2010, amending the social services law relating to transporta-
tion costs, as amended by section 23 of part D of chapter 57 of the laws
of 2015, is amended to read as follows:
(a) sections two, three, three-a, three-b, three-c, three-d, three-e
and twenty-one of this act shall take effect July 1, 2010; sections
fifteen, sixteen, seventeen, eighteen and nineteen of this act shall
take effect January 1, 2011; and provided further that section twenty of
this act shall be deemed repealed [six] EIGHT years after the date the
contract entered into pursuant to section 365-h of the social services
law, as amended by section twenty of this act, is executed; provided
that the commissioner of health shall notify the legislative bill draft-
ing commission upon the execution of the contract entered into pursuant
to section 367-h of the social services law in order that the commission
may maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b of
the public officers law;
§ 9. Section 4-a 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 relat-
ing to the cap on local Medicaid expenditures, as amended by section 29
of part D of chapter 57 of the laws of 2015, is amended to read as
follows:
§ 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services provided
on and after January 1, [2017] 2019 through March 31, [2017] 2019, for
inpatient and outpatient services provided by general hospitals, for
inpatient services and adult day health care outpatient services
provided by residential health care facilities pursuant to article 28 of
the public health law, except for residential health care facilities or
units of such facilities providing services primarily to children under
twenty-one years of age, for home health care services provided pursuant
to article 36 of the public health law by certified home health agen-
cies, long term home health care programs and AIDS home care programs,
and for personal care services provided pursuant to section 365-a of the
social services law, the commissioner of health shall apply no greater
than zero trend factors attributable to the [2017] 2019 calendar year in
accordance with paragraph (c) of subdivision 10 of section 2807-c of the
public health law, provided, however, that such no greater than zero
trend factors attributable to such [2017] 2019 calendar year shall also
be applied to rates of payment provided on and after January 1, [2017]
2019 through March 31, [2017] 2019 for personal care services provided
in those local social services districts, including New York city, whose
rates of payment for such services are established by such local social
services districts pursuant to a rate-setting exemption issued by the
commissioner of health to such local social services districts in
accordance with applicable regulations, and provided further, however,
that for rates of payment for assisted living program services provided
on and after January 1, [2017] 2019 through March 31, [2017] 2019, such
trend factors attributable to the [2017] 2019 calendar year shall be
established at no greater than zero percent.
§ 10. Subdivisions 3 and 5 of section 47 of chapter 2 of the laws of
1998, amending the public health law and other laws relating to expand-
S. 2007--B 96 A. 3007--B
ing the child health insurance plan, as amended by section 61 of part C
of chapter 60 of the laws of 2014, are amended to read as follows:
3. section six of this act shall take effect January 1, 1999;
provided, however, that subparagraph (iii) of paragraph (c) of subdivi-
sion 9 of section 2510 of the public health law, as added by this act,
shall expire on July 1, [2017] 2019;
5. section twelve of this act shall take effect January 1, 1999;
provided, however, paragraphs (g) and (h) of subdivision 2 of section
2511 of the public health law, as added by such section, shall expire on
July 1, [2017] 2019;
§ 11. 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 65 of
part C of chapter 60 of the laws of 2014, is amended to read as follows:
§ 4. This act shall take effect 120 days after it shall have become a
law and shall expire and be deemed repealed March 31, [2017] 2020.
§ 12. Paragraph (e-1) of subdivision 12 of section 2808 of the public
health law, as amended by section 66 of part C of chapter 60 of the laws
of 2014, is amended to read as follows:
(e-1) Notwithstanding any inconsistent provision of law or regulation,
the commissioner shall provide, in addition to payments established
pursuant to this article prior to application of this section, addi-
tional payments under the medical assistance program pursuant to title
eleven of article five of the social services law for non-state operated
public residential health care facilities, including public residential
health care facilities located in the county of Nassau, the county of
Westchester and the county of Erie, but excluding public residential
health care facilities operated by a town or city within a county, in
aggregate annual amounts of up to one hundred fifty million dollars in
additional payments for the state fiscal year beginning April first, two
thousand six and for the state fiscal year beginning April first, two
thousand seven and for the state fiscal year beginning April first, two
thousand eight and of up to three hundred million dollars in such aggre-
gate annual additional payments for the state fiscal year beginning
April first, two thousand nine, and for the state fiscal year beginning
April first, two thousand ten and for the state fiscal year beginning
April first, two thousand eleven, and for the state fiscal years begin-
ning April first, two thousand twelve and April first, two thousand
thirteen, and of up to five hundred million dollars in such aggregate
annual additional payments for the state fiscal years beginning April
first, two thousand fourteen, April first, two thousand fifteen and
April first, two thousand sixteen AND OF UP TO FIVE HUNDRED MILLION
DOLLARS IN SUCH AGGREGATE ANNUAL ADDITIONAL PAYMENTS FOR THE STATE
FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN, APRIL FIRST,
TWO THOUSAND EIGHTEEN, AND APRIL FIRST, TWO THOUSAND NINETEEN. The
amount allocated to each eligible public residential health care facili-
ty for this period shall be computed in accordance with the provisions
of paragraph (f) of this subdivision, provided, however, that patient
days shall be utilized for such computation reflecting actual reported
data for two thousand three and each representative succeeding year as
applicable, and provided further, however, that, in consultation with
impacted providers, of the funds allocated for distribution in the state
fiscal year beginning April first, two thousand thirteen, up to thirty-
two million dollars may be allocated in accordance with paragraph (f-1)
of this subdivision.
S. 2007--B 97 A. 3007--B
§ 13. Section 18 of chapter 904 of the laws of 1984, amending the
public health law and the social services law relating to encouraging
comprehensive health services, as amended by section 67-c of part C of
chapter 60 of the laws of 2014, is amended to read as follows:
§ 18. This act shall take effect immediately, except that sections
six, nine, ten and eleven of this act shall take effect on the sixtieth
day after it shall have become a law, sections two, three, four and nine
of this act shall expire and be of no further force or effect on or
after March 31, [2017] 2020, section two of this act shall take effect
on April 1, 1985 or seventy-five days following the submission of the
report required by section one of this act, whichever is later, and
sections eleven and thirteen of this act shall expire and be of no
further force or effect on or after March 31, 1988.
§ 14. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
the public health law relating to allowing for the use of funds of the
office of professional medical conduct for activities of the patient
health information and quality improvement act of 2000, as amended by
section 4-b of part A of chapter 57 of the laws of 2015, is amended to
read as follows:
§ 4. This act shall take effect immediately; provided that the
provisions of section one of this act shall be deemed to have been in
full force and effect on and after April 1, 2003, and shall expire March
31, [2017] 2020 when upon such date the provisions of such section shall
be deemed repealed.
§ 15. Subdivision (o) of section 111 of part H of chapter 59 of the
laws of 2011, amending the public health law relating to the statewide
health information network of New York and the statewide planning and
research cooperative system and general powers and duties, as amended by
section 28 of part D of chapter 57 of the laws of 2015, is amended to
read as follows:
(o) sections thirty-eight and thirty-eight-a of this act shall expire
and be deemed repealed March 31, [2017] 2020;
§ 16. Section 32 of part A of chapter 58 of the laws of 2008, amending
the elder law and other laws relating to reimbursement to participating
provider pharmacies and prescription drug coverage, as amended by
section 13 of part A of chapter 57 of the laws of 2015, is amended to
read as follows:
§ 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, [2017] 2020; 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, [2017] 2020; 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. 2007--B 98 A. 3007--B
§ 17. Subdivision 3 of section 2999-p of the public health law, as
amended by chapter 461 of the laws of 2012, is amended to read as
follows:
3. The commissioner may issue a certificate of authority to an entity
that meets conditions for ACO certification as set forth in regulations
made by the commissioner pursuant to section twenty-nine hundred nine-
ty-nine-q of this article. The commissioner shall not issue any new
certificate under this article after December thirty-first, two thousand
[sixteen] TWENTY.
§ 18. Subdivision 2 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 section 2 of part D of
chapter 57 of the laws of 2015, is amended to read as follows:
2. Sections five, seven through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have been in full force and
effect on and after April 1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on and after April 1, 2015
through March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
2019;
§ 19. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.
PART J
Intentionally Omitted
PART K
Intentionally Omitted
PART L
Intentionally Omitted
PART M
Section 1. The public health law is amended by adding a new section
1112 to read as follows:
§ 1112. EMERGING CONTAMINANT MONITORING. 1. INDUSTRY AND MODERN TECH-
NOLOGY HAVE CREATED THOUSANDS OF NEW CHEMICALS THAT WOULD NOT OTHERWISE
EXIST IN NATURE. ALTHOUGH SOME OF THESE CHEMICALS HAVE PROVEN BENEFITS,
THE EFFECT OF MANY SUCH CHEMICALS ON HUMAN HEALTH IS UNKNOWN OR NOT
FULLY UNDERSTOOD. FURTHERMORE, WITH THE ADVANCE OF SCIENCE AND TECHNOLO-
GY, PUBLIC HEALTH SCIENTISTS AND EXPERTS ARE ABLE TO IDENTIFY NATURALLY
OCCURRING CONTAMINANTS THAT POSE PREVIOUSLY UNKNOWN HAZARDS TO HUMAN
HEALTH. WHERE THESE CHEMICALS OR CONTAMINANTS, COLLECTIVELY REFERRED TO
AS "EMERGING CONTAMINANTS," ENTER DRINKING WATER SUPPLIES, THEY CAN
PRESENT UNKNOWN BUT POTENTIALLY SERIOUS RISKS TO PUBLIC HEALTH. NEW
YORKERS SERVED BY PUBLIC WATER SUPPLIES HAVE THE RIGHT TO KNOW WHEN
S. 2007--B 99 A. 3007--B
POTENTIALLY HAZARDOUS SUBSTANCES CONTAMINATE THEIR DRINKING WATER AND
THE DEPARTMENT MUST BE EQUIPPED TO MONITOR AND PROTECT THE PUBLIC FROM
THESE EMERGING CONTAMINANTS.
2. A. "EMERGING CONTAMINANTS" SHALL MEAN ANY PHYSICAL, CHEMICAL,
MICROBIOLOGICAL OR RADIOLOGICAL SUBSTANCE LISTED AS AN EMERGING CONTAM-
INANT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
B. "NOTIFICATION LEVEL" MEANS THE CONCENTRATION LEVEL OF AN EMERGING
CONTAMINANT IN DRINKING WATER THAT THE COMMISSIONER HAS DETERMINED,
BASED ON AVAILABLE SCIENTIFIC INFORMATION, WARRANTS PUBLIC NOTIFICATION
AND MAY REQUIRE ACTIONS, WHICH MAY INCLUDE ENHANCED MONITORING AND
ACTIVITIES TO REDUCE EXPOSURE, PURSUANT TO THIS SECTION.
C. "COVERED PUBLIC WATER SYSTEM" SHALL MEAN: (I) A PUBLIC WATER
SYSTEM THAT SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY YEAR-ROUND
RESIDENTS OR REGULARLY SERVES AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS;
OR (II) A PUBLIC WATER SYSTEM THAT REGULARLY SERVES AT LEAST TWENTY-FIVE
OF THE SAME PEOPLE, FOUR HOURS OR MORE PER DAY, FOR FOUR OR MORE DAYS
PER WEEK, FOR TWENTY-SIX OR MORE WEEKS PER YEAR.
3. A. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO IDENTIFY AND
LIST SUBSTANCES AS EMERGING CONTAMINANTS THAT MEET THE FOLLOWING CRITE-
RIA:
(I) ARE NOT SUBJECT TO ANY OTHER SUBSTANCE-SPECIFIC DRINKING WATER
REGULATION OF THE DEPARTMENT THAT ESTABLISHES A MAXIMUM CONTAMINANT
LEVEL, MAXIMUM RESIDUAL DISINFECTANT LEVEL, OR ACTION LEVEL;
(II) ARE KNOWN OR ANTICIPATED TO OCCUR IN PUBLIC WATER SYSTEMS; AND
(III) BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL
OR INFECTIOUS CHARACTERISTICS, MAY CAUSE PHYSICAL INJURY OR ILLNESS, OR
OTHERWISE POSE A POTENTIAL HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINK-
ING WATER.
B. IN DETERMINING WHAT SUBSTANCES SHALL BE LISTED AS EMERGING CONTAM-
INANTS THE COMMISSIONER SHALL, AT A MINIMUM, CONSIDER:
(I) UNREGULATED CONTAMINANTS MONITORED PURSUANT TO THE FEDERAL SAFE
DRINKING WATER ACT (42 U.S.C. § 300G-1) AS AMENDED FROM TIME TO TIME;
(II) SUBSTANCES THAT REQUIRE REGULATION OR MONITORING WHEN PRESENT IN
DRINKING WATER IN OTHER JURISDICTIONS OUTSIDE THE STATE OF NEW YORK;
(III) PESTICIDE CHEMICALS FOR WHICH THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY HAS SET HUMAN HEALTH BENCHMARKS FOR DRINKING WATER;
(IV) SUBSTANCES FOUND AT SITES IN REMEDIAL PROGRAMS LOCATED INSIDE AND
OUTSIDE THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO INACTIVE
HAZARDOUS WASTE SITES; AND
(V) RECOMMENDATIONS FROM THE DRINKING WATER QUALITY COUNCIL ESTAB-
LISHED PURSUANT TO SECTION ELEVEN HUNDRED THIRTEEN OF THIS TITLE.
C. THE COMMISSIONER SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING CHEMI-
CALS IDENTIFIED AS EMERGING CONTAMINANTS: 1,4-DIOXANE; PERFLUOROOCTANE-
SULFONIC ACID; AND PERFLUOROOCTANOIC ACID.
D. THE COMMISSIONER SHALL BY REGULATION REMOVE ANY SUBSTANCE FROM THE
LIST OF EMERGING CONTAMINANTS UPON ADOPTING A MAXIMUM CONTAMINANT LEVEL
FOR SUCH SUBSTANCE.
4. EVERY COVERED PUBLIC WATER SYSTEM SHALL TEST DRINKING WATER FOR THE
PRESENCE OF EMERGING CONTAMINANTS AT LEAST ONCE EVERY THREE YEARS PURSU-
ANT TO A SCHEDULE DETERMINED BY THE DEPARTMENT THROUGH REGULATION.
5. EVERY TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION SHALL BE
CONDUCTED BY A LABORATORY CERTIFIED BY THE DEPARTMENT PURSUANT TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER. LABORATORIES SHALL SUBMIT SUCH
RESULTS ELECTRONICALLY TO THE DEPARTMENT, TO ANY OTHER HEALTH DEPARTMENT
WITH JURISDICTION OVER THE COVERED PUBLIC WATER SYSTEM, AND TO THE
S. 2007--B 100 A. 3007--B
COVERED PUBLIC WATER SYSTEM, IN THE MANNER PRESCRIBED PURSUANT TO
SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
6. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING NOTIFI-
CATION LEVELS FOR ANY EMERGING CONTAMINANT LISTED PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION. ANY NOTIFICATION LEVEL ESTABLISHED PURSUANT
TO THIS SUBDIVISION SHALL BE EQUAL TO OR LOWER THAN ANY FEDERAL LIFETIME
HEALTH ADVISORY LEVEL ESTABLISHED PURSUANT TO THE FEDERAL SAFE DRINKING
WATER ACT (42 U.S.C. § 300G-1). IF NO FEDERAL LIFETIME HEALTH ADVISORY
LEVEL HAS BEEN ESTABLISHED, THE COMMISSIONER SHALL ESTABLISH NOTIFICA-
TION LEVELS BASED UPON THE AVAILABLE SCIENTIFIC INFORMATION, AND MAY
TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DRINKING WATER QUALITY
COUNCIL ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED THIRTEEN OF THIS
TITLE.
7. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER
MAY, BY DECLARATION, ADD ANY PHYSICAL, CHEMICAL, MICROBIOLOGICAL OR
RADIOLOGICAL SUBSTANCE TO THE LIST OF EMERGING CONTAMINANTS ESTABLISHED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, ESTABLISH A NOTIFICATION
LEVEL, AND REQUIRE TESTING FOR SUCH SUBSTANCE, IF THE COMMISSIONER
DETERMINES THAT: (I) SUCH SUBSTANCE POSES OR HAS THE POTENTIAL TO POSE A
SIGNIFICANT HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINKING WATER; (II)
SUCH SUBSTANCE WAS RECENTLY DETECTED IN A PUBLIC WATER SYSTEM AND HAS
THE POTENTIAL TO BE PRESENT IN OTHER PUBLIC WATER SYSTEMS; AND (III) IT
APPEARS TO BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY ACTION
BY PREPARING AND FILING REGULATIONS. THE COMMISSIONER SHALL, HOWEVER,
PROMULGATE REGULATIONS ADDING SUCH NEW EMERGING CONTAMINANT OR ESTAB-
LISHING SUCH NOTIFICATION LEVEL WITHIN ONE YEAR OF SUCH DECLARATION.
SUCH DECLARATION SHALL CLEARLY STATE WHERE AND THE DATE BY WHICH SUCH
TESTING MUST OCCUR. AFTER THE COMMISSIONER PROMULGATES REGULATIONS
ADDING SUCH EMERGING CONTAMINANT, SUCH REGULATIONS SHALL SUPERSEDE THE
DECLARATION ISSUED PURSUANT TO THIS SUBDIVISION.
8. WHENEVER ONE OR MORE EMERGING CONTAMINANTS IS CONFIRMED TO BE PRES-
ENT IN DRINKING WATER AT CONCENTRATIONS AT OR ABOVE A NOTIFICATION LEVEL
ESTABLISHED PURSUANT TO THIS SECTION:
A. THE COVERED PUBLIC WATER SYSTEM SHALL NOTIFY THE DEPARTMENT WITHIN
TWENTY-FOUR HOURS;
B. THE COVERED PUBLIC WATER SYSTEM SHALL NOTIFY ALL OWNERS OF REAL
PROPERTY SERVED BY THE COVERED PUBLIC WATER SYSTEM IN A TIME AND MANNER
TO BE PRESCRIBED BY THE DEPARTMENT, PROVIDED THAT IN NO EVENT SHALL
NOTIFICATION OCCUR MORE THAN NINETY DAYS AFTER THE PRESENCE OF AN EMERG-
ING CONTAMINANT AT CONCENTRATIONS AT OR ABOVE A NOTIFICATION LEVEL
ESTABLISHED PURSUANT TO THIS SECTION IS CONFIRMED;
C. THE COMMISSIONER MAY DIRECTLY NOTIFY SUCH OWNERS OF REAL PROPERTY
IF IT IS DETERMINED THAT THE PUBLIC'S INTEREST WOULD BE BEST SERVED BY
SUCH NOTIFICATION, OR IF THE COMMISSIONER DETERMINES THAT THE COVERED
PUBLIC WATER SYSTEM IS NOT ACTING, OR CANNOT ACT IN A TIMELY MANNER;
D. THE COMMISSIONER MAY REQUIRE THAT THE COVERED PUBLIC WATER SYSTEM
TAKE SUCH ACTIONS AS MAY BE APPROPRIATE TO REDUCE EXPOSURE TO EMERGING
CONTAMINANTS. IF THE COMMISSIONER DETERMINES THAT THE CONCENTRATION OF
THE EMERGING CONTAMINANT CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO
PUBLIC HEALTH, BASED ON THE BEST AVAILABLE SCIENTIFIC INFORMATION, THE
COMMISSIONER SHALL CONSULT WITH THE COMMISSIONER OF THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION REGARDING ANY FURTHER ACTION THAT MAY BE
APPROPRIATE, INCLUDING BUT NOT LIMITED TO ACTIONS PURSUANT TO TITLE
TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
9. THE COMMISSIONER SHALL WORK IN CONSULTATION WITH THE COMMISSIONER
OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO DEVELOP EDUCATIONAL
S. 2007--B 101 A. 3007--B
MATERIALS, AND MAY TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DRINK-
ING WATER QUALITY COUNCIL ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED
THIRTEEN OF THIS TITLE. SUCH EDUCATIONAL MATERIALS SHALL BE MADE AVAIL-
ABLE TO THE COVERED PUBLIC WATER SYSTEM AND THE GENERAL PUBLIC, RELATING
TO METHODOLOGIES FOR REDUCING EXPOSURE TO EMERGING CONTAMINANTS AND
POTENTIAL ACTIONS THAT MAY BE TAKEN TO MITIGATE OR REMEDIATE EMERGING
CONTAMINANTS. THE COMMISSIONER SHALL ALSO PROVIDE THE COVERED PUBLIC
WATER SYSTEM WITH INFORMATION RELATING TO POTENTIAL FUNDING SOURCES
PROVIDED BY THE STATE AND FEDERAL GOVERNMENT FOR MITIGATION OR REMEDIAL
ACTIVITIES, AND TO REDUCE THE EXPOSURE TO EMERGING CONTAMINANTS.
10. ANY OWNER OF REAL PROPERTY, INCLUDING ANY OWNER'S AGENT, TO WHOM A
COVERED PUBLIC WATER SYSTEM HAS PROVIDED NOTIFICATION OF THE EXCEEDANCE
OF A NOTIFICATION LEVEL ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS
SECTION, SHALL TAKE ALL REASONABLE AND NECESSARY STEPS TO PROVIDE, WITH-
IN TEN DAYS, ANY TENANTS WITH COPIES OF THE NOTIFICATION PROVIDED BY THE
COVERED PUBLIC WATER SYSTEM.
11. THE COMMISSIONER MAY PROMULGATE REGULATIONS PURSUANT TO WHICH THE
DEPARTMENT MAY PROVIDE FINANCIAL ASSISTANCE FOR COMPLIANCE WITH THE
TESTING REQUIREMENTS OF THIS SECTION, TO ANY COVERED PUBLIC WATER SYSTEM
UPON A SHOWING THAT THE COSTS ASSOCIATED WITH TESTING DRINKING WATER IN
COMPLIANCE WITH THIS SECTION WOULD IMPOSE A FINANCIAL HARDSHIP. SUCH
REGULATIONS SHALL, WHEN PRIORITIZING PUBLIC WATER SYSTEMS FOR ELIGIBIL-
ITY FOR FINANCIAL ASSISTANCE, INCORPORATE PROVISIONS THAT GIVE PREFER-
ENCE TO PUBLIC WATER SYSTEMS SERVING LESS THAN TEN THOUSAND INDIVIDUALS.
12. THE COMMISSIONER SHALL PERIODICALLY REVIEW SUBSTANCES THAT HAVE
BEEN IDENTIFIED AS EMERGING CONTAMINANTS PURSUANT TO THIS SECTION AND
DETERMINE IF THE DEPARTMENT SHOULD ESTABLISH A MAXIMUM CONTAMINANT LEVEL
FOR THE SUBSTANCE. SUCH REVIEW SHALL OCCUR, AT A MINIMUM, ONCE EVERY
THREE YEARS.
§ 2. Section 502 of the public health law is amended by adding a new
subdivision 10 to read as follows:
10. THE DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY TO REPORT
LABORATORY TEST RESULTS TO THE DEPARTMENT, OR TO ANY OTHER HEALTH
DEPARTMENT IN AN ELECTRONIC MANNER PRESCRIBED BY THE DEPARTMENT.
§ 3. This act shall take effect immediately.
PART N
Intentionally Omitted
PART O
Intentionally Omitted
PART P
Section 1. Section 48-a 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, as amended by
section 29 of part B of chapter 59 of the laws of 2016, is amended to
read as follows:
§ 48-a. 1. Notwithstanding any contrary provision of law, the commis-
sioners of the office of alcoholism and substance abuse services and the
office of mental health are authorized, subject to the approval of the
director of the budget, to transfer to the commissioner of health state
S. 2007--B 102 A. 3007--B
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 providers licensed pursuant to
article 28 of the public health law or article 31 or 32 of the mental
hygiene law for ambulatory behavioral health services, as determined by
the commissioner of health, in consultation with the commissioner of
alcoholism and substance abuse services and the commissioner of the
office of mental health, provided to medicaid [eligible] ENROLLED outpa-
tients AND FOR ALL OTHER BEHAVIORAL HEALTH SERVICES EXCEPT INPATIENT
INCLUDED IN NEW YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS). 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, the office of alcoholism and substance abuse services, or the
office of mental health for rate-setting purposes OR ANY SUCH OTHER FEES
PURSUANT TO THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY CMS IN THE
MEDICAID REDESIGN WAIVER; 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 avail-
able under this section shall be for all rate periods on and after the
effective date of section [1] 29 of part [C] B of chapter [57] 59 of the
laws of [2015] 2016 through March 31, [2018] 2020 for patients in the
city of New York, for all rate periods on and after the effective date
of section [1] 29 of part [C] B of chapter [57] 59 of the laws of [2015]
2016 through [June 30, 2018] MARCH 31, 2020 for patients outside the
city of New York, and for all rate periods on and after the effective
date of such chapter through [June 30, 2018] MARCH 31, 2020 for all
services provided to persons under the age of twenty-one; provided,
however, [eligible providers may work with managed care plans to achieve
quality and efficiency objectives and engage in shared savings] THE
COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES AND THE COMMISSIONER OF MENTAL
HEALTH, MAY REQUIRE, AS A CONDITION OF APPROVAL OF SUCH AMBULATORY
BEHAVIORAL HEALTH FEES, THAT AGGREGATE MANAGED CARE EXPENDITURES TO
ELIGIBLE PROVIDERS MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS
AS SET FORTH IN ATTACHMENT I OF THE NEW YORK STATE MEDICAID SECTION ONE
THOUSAND ONE HUNDRED FIFTEEN MEDICAID REDESIGN TEAM WAIVER AS APPROVED
BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES. THE COMMISSIONER OF
HEALTH SHALL, IN CONSULTATION WITH THE COMMISSIONER OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES AND THE COMMISSIONER OF MENTAL HEALTH, WAIVE
SUCH CONDITIONS IF A SUFFICIENT NUMBER OF PROVIDERS, AS DETERMINED BY
THE COMMISSIONER, SUFFER A FINANCIAL HARDSHIP AS A CONSEQUENCE OF SUCH
ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS, OR IF HE OR SHE SHALL
DETERMINE THAT SUCH ALTERNATIVE PAYMENT METHODOLOGIES SIGNIFICANTLY
THREATEN INDIVIDUALS ACCESS TO AMBULATORY BEHAVIORAL HEALTH SERVICES.
SUCH WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR INDUSTRY WIDE
BASIS. FURTHER, SUCH CONDITIONS MAY BE WAIVED, AS THE COMMISSIONER
DETERMINES NECESSARY, TO COMPLY WITH FEDERAL RULES OR REGULATIONS
GOVERNING THESE PAYMENT METHODOLOGIES. Nothing in this section shall
S. 2007--B 103 A. 3007--B
prohibit managed care organizations and providers from negotiating
different rates and methods of payment during such periods described
above, subject to the approval of the department of health. The depart-
ment of health shall consult with the office of alcoholism and substance
abuse services and the office of mental health in determining whether
such alternative rates shall be approved. The commissioner of health
may, in consultation with the commissioner of alcoholism and substance
abuse services and the commissioner of the office of mental health,
promulgate regulations, including emergency regulations promulgated
prior to October 1, 2015 to establish rates for ambulatory behavioral
health services, as are necessary to implement the provisions of this
section. Rates promulgated under this section shall be included in the
report required under section 45-c of part A of this chapter.
2. Notwithstanding any contrary provision of law, the fees paid by
managed care organizations licensed under article 44 of the public
health law or under article 43 of the insurance law, to providers
licensed pursuant to article 28 of the public health law or article 31
or 32 of the mental hygiene law, for ambulatory behavioral health
services provided to patients enrolled in the child health insurance
program pursuant to title one-A of article 25 of the public health law,
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 OR ANY SUCH OTHER FEES ESTABLISHED
PURSUANT TO THE MEDICAID STATE PLAN. The commissioner of health shall
consult with the commissioner of alcoholism and substance abuse services
and the commissioner of the office of mental health in determining such
services and establishing such fees. Such ambulatory behavioral health
fees to providers available under this section shall be for all rate
periods on and after the effective date of this chapter through [June
30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
tions 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 report required under section 16-a of part C of chapter
60 of the laws of 2014 shall also include the population of patients
enrolled in the child health insurance program pursuant to title one-A
of article 25 of the public health law in its examination on the transi-
tion of behavioral health services into managed care.
§ 2. 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, as amended by section 30 of part B of chapter 59 of
the laws of 2016, is amended to read as follows:
Section 1. a. Notwithstanding any contrary provision of law, the
commissioners of mental health 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 arti-
cle 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 providers licensed pursuant to article 28 of the
public health law, or pursuant to article 31 or article 32 of the mental
hygiene law for ambulatory behavioral health services, as determined by
S. 2007--B 104 A. 3007--B
the commissioner of health in consultation with the commissioner of
mental health and commissioner of alcoholism and substance abuse
services, provided to medicaid [eligible] ENROLLED outpatients AND FOR
ALL OTHER BEHAVIORAL HEALTH SERVICES EXCEPT INPATIENT INCLUDED IN NEW
YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE CENTERS FOR MEDI-
CARE AND MEDICAID SERVICES (CMS). 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 OR ANY SUCH OTHER FEES PURSUANT TO
THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY CMS IN THE MEDICAID
REDESIGN WAIVER; 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 consulta-
tion with the commissioners 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 section [2] 30 of part
[C] B of chapter [57] 59 of the laws of [2015] 2016 through March 31,
[2018] 2020 for patients in the city of New York, for all rate periods
on and after the effective date of section [2] 30 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020 for patients outside the city of New York, and for all rate periods
on and after the effective date of section [2] 30 of part [C] B of chap-
ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
2020 for all services provided to persons under the age of twenty-one;
provided, however, [eligible providers may work with managed care plans
to achieve quality and efficiency objectives and engage in shared
savings] THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMIS-
SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE COMMISSIONER
OF MENTAL HEALTH, MAY REQUIRE, AS A CONDITION OF APPROVAL OF SUCH AMBU-
LATORY BEHAVIORAL HEALTH FEES, THAT AGGREGATE MANAGED CARE EXPENDITURES
TO ELIGIBLE PROVIDERS MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIRE-
MENTS AS SET FORTH IN ATTACHMENT I OF THE NEW YORK STATE MEDICAID
SECTION ONE THOUSAND ONE HUNDRED FIFTEEN MEDICAID REDESIGN TEAM WAIVER
AS APPROVED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES. THE
COMMISSIONER OF HEALTH SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE COMMISSIONER OF MENTAL
HEALTH, WAIVE SUCH CONDITIONS IF A SUFFICIENT NUMBER OF PROVIDERS, AS
DETERMINED BY THE COMMISSIONER, SUFFER A FINANCIAL HARDSHIP AS A CONSE-
QUENCE OF SUCH ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS, OR IF HE OR
SHE SHALL DETERMINE THAT SUCH ALTERNATIVE PAYMENT METHODOLOGIES SIGNIF-
ICANTLY THREATEN INDIVIDUALS ACCESS TO AMBULATORY BEHAVIORAL HEALTH
SERVICES. SUCH WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR INDUSTRY
WIDE BASIS. FURTHER, SUCH CONDITIONS MAY BE WAIVED, AS THE COMMISSIONER
DETERMINES NECESSARY, TO COMPLY WITH FEDERAL RULES OR REGULATIONS
GOVERNING THESE PAYMENT METHODOLOGIES. Nothing in this section shall
prohibit managed care organizations and providers from negotiating
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 commissioners of mental health and alcoholism and
S. 2007--B 105 A. 3007--B
substance abuse services, promulgate regulations, including emergency
regulations promulgated prior to October 1, 2013 that establish rates
for behavioral health services, as are necessary to implement the
provisions of this section. Rates promulgated under this section shall
be included in the report required under section 45-c of part A of chap-
ter 56 of the laws of 2013.
b. Notwithstanding any contrary provision of law, the fees paid by
managed care organizations licensed under article 44 of the public
health law or under article 43 of the insurance law, to providers
licensed pursuant to article 28 of the public health law or article 31
or 32 of the mental hygiene law, for ambulatory behavioral health
services provided to patients enrolled in the child health insurance
program pursuant to title one-A of article 25 of the public health law,
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. The commissioner of health shall
consult with the commissioner of alcoholism and substance abuse services
and the commissioner of the office of mental health in determining such
services and establishing such fees. Such ambulatory behavioral health
fees to providers available under this section shall be for all rate
periods on and after the effective date of this chapter through [June
30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
tions 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 report required under section 16-a of part C of chapter
60 of the laws of 2014 shall also include the population of patients
enrolled in the child health insurance program pursuant to title one-A
of article 25 of the public health law in its examination on the transi-
tion of behavioral health services into managed care.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however, that the amendments to section 48-a of part A of chapter 56 of
the laws of 2013 made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith; provided
further, that the amendments to section 1 of part H of chapter 111 of
the laws of 2010 made by section two of this act shall not affect the
expiration of such section and shall be deemed to expire therewith.
PART Q
Section 1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
57 of the laws of 2006, relating to establishing a cost of living
adjustment for designated human services programs, as amended by section
1 of part I of chapter 60 of the laws of 2014, are amended to read as
follows:
3-b. Notwithstanding any inconsistent provision of law, beginning
April 1, 2009 and ending March 31, 2016 AND BEGINNING APRIL 1, 2017 AND
ENDING MARCH 31, 2018, the commissioners shall not include a COLA for
the purpose of establishing rates of payments, contracts or any other
form of reimbursement, PROVIDED THAT THE COMMISSIONERS OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF MENTAL HEALTH, AND
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL NOT INCLUDE
A COLA BEGINNING APRIL 1, 2017 AND ENDING MARCH 31, 2019.
S. 2007--B 106 A. 3007--B
3-c. Notwithstanding any inconsistent provision of law, beginning
April 1, [2016] 2018 and ending March 31, [2019] 2021, the commissioners
shall develop the COLA under this section using the actual U.S. consumer
price index for all urban consumers (CPI-U) published by the United
States department of labor, bureau of labor statistics for the twelve
month period ending in July of the budget year prior to such state
fiscal year, for the purpose of establishing rates of payments,
contracts or any other form of reimbursement.
§ 2. Section 1 of part C of chapter 57 of the laws of 2006, relating
to establishing a cost of living adjustment for designated human service
programs, is amended by adding a new subdivision 3-e to read as follows:
3-E. (I) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION 3-B OF THIS
SECTION OR ANY OTHER INCONSISTENT PROVISION OF LAW, AND SUBJECT TO THE
AVAILABILITY OF THE APPROPRIATION THEREFOR, FOR THE PROGRAMS LISTED IN
PARAGRAPHS (I), (II), AND (III) OF SUBDIVISION 4 OF THIS SECTION, THE
COMMISSIONERS SHALL PROVIDE FUNDING TO SUPPORT (1) AN OVERALL AVERAGE
THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE TO TOTAL SALARIES FOR
DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS FOR EACH ELIGIBLE STATE-
FUNDED PROGRAM BEGINNING JANUARY 1, 2018; AND (2) AN OVERALL AVERAGE
THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE TO TOTAL SALARIES FOR
DIRECT CARE STAFF AND DIRECT SUPPORT PROFESSIONALS, AND CLINICAL STAFF
FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2018. FOR THE
PURPOSE OF THIS FUNDING INCREASE, DIRECT SUPPORT PROFESSIONALS ARE INDI-
VIDUALS EMPLOYED IN CONSOLIDATED FISCAL REPORTING POSITION TITLE CODES
RANGING FROM 100 TO 199; DIRECT CARE STAFF ARE INDIVIDUALS EMPLOYED IN
CONSOLIDATED FISCAL REPORTING POSITION TITLE CODES RANGING FROM 200 TO
299; AND CLINICAL STAFF ARE INDIVIDUALS EMPLOYED IN CONSOLIDATED FISCAL
REPORTING POSITION TITLE CODES RANGING FROM 300 TO 399.
(II) THE FUNDING MADE AVAILABLE PURSUANT TO PARAGRAPH (I) OF THIS
SUBDIVISION SHALL BE USED: (1) TO HELP ALLEVIATE THE RECRUITMENT AND
RETENTION CHALLENGES OF DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS
AND CLINICAL STAFF EMPLOYED IN ELIGIBLE PROGRAMS; AND (2) TO CONTINUE
AND TO EXPAND EFFORTS TO SUPPORT THE PROFESSIONALISM OF THE DIRECT CARE
WORKFORCE. EACH LOCAL GOVERNMENT UNIT OR DIRECT CONTRACT PROVIDER
RECEIVING SUCH FUNDING SHALL HAVE FLEXIBILITY IN ALLOCATING SUCH FUNDING
TO SUPPORT SALARY INCREASES TO PARTICULAR JOB TITLES TO BEST ADDRESS THE
NEEDS OF ITS DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS AND CLIN-
ICAL STAFF. EACH LOCAL GOVERNMENT UNIT OR DIRECT CONTRACT PROVIDER
RECEIVING SUCH FUNDING SHALL ALSO SUBMIT A WRITTEN CERTIFICATION, IN
SUCH FORM AND AT SUCH TIME AS EACH COMMISSIONER SHALL PRESCRIBE, ATTEST-
ING TO HOW SUCH FUNDING WILL BE OR WAS USED FOR PURPOSES ELIGIBLE UNDER
THIS SECTION. FURTHER, PROVIDERS SHALL SUBMIT A RESOLUTION FROM THEIR
GOVERNING BODY TO THE APPROPRIATE COMMISSIONER, ATTESTING THAT THE FUND-
ING RECEIVED WILL BE USED SOLELY TO SUPPORT SALARY AND SALARY-RELATED
FRINGE BENEFIT INCREASES FOR DIRECT CARE STAFF, DIRECT SUPPORT PROFES-
SIONALS AND CLINICAL STAFF, PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVI-
SION. SALARY INCREASES THAT TAKE EFFECT ON AND AFTER APRIL 1, 2017 MAY
BE USED TO DEMONSTRATE COMPLIANCE WITH THE JANUARY 1, 2018 FUNDING
INCREASE AUTHORIZED BY THIS SECTION, EXCEPT FOR SALARY INCREASES NECES-
SARY TO COMPLY WITH STATE MINIMUM WAGE REQUIREMENTS. SUCH COMMISSIONERS
SHALL BE AUTHORIZED TO RECOUP ANY FUNDS AS APPROPRIATED HEREIN DETER-
MINED TO HAVE BEEN USED IN A MANNER INCONSISTENT WITH SUCH STANDARDS OR
INCONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION, AND SUCH COMMIS-
SIONERS SHALL BE AUTHORIZED TO EMPLOY ANY LEGAL MECHANISM TO RECOUP SUCH
FUNDS, INCLUDING AN OFFSET OF OTHER FUNDS THAT ARE OWED TO SUCH LOCAL
GOVERNMENTAL UNIT OR PROVIDER.
S. 2007--B 107 A. 3007--B
(III) WHERE APPROPRIATE, TRANSFERS TO THE DEPARTMENT OF HEALTH SHALL
BE MADE AS REIMBURSEMENT FOR THE STATE SHARE OF MEDICAL ASSISTANCE.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017; provided,
however, that the amendments to section 1 of part C of chapter 57 of the
laws of 2006 made by sections one and two of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.
PART R
Section 1. The public health law is amended by adding a new section
1113 to read as follows:
§ 1113. DRINKING WATER QUALITY COUNCIL; ESTABLISHED. 1. THERE SHALL BE
ESTABLISHED, WITHIN THE DEPARTMENT, THE DRINKING WATER QUALITY COUNCIL.
SUCH COUNCIL SHALL BE COMPOSED OF TWELVE MEMBERS AS FOLLOWS:
(A) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE THE
CHAIR OF THE COUNCIL;
(B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR DESIGNEE;
(C) A DESIGNEE OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION WITH
EXPERTISE IN WATER RESOURCES;
(D) A DESIGNEE OF THE COMMISSIONER WITH EXPERTISE IN DRINKING WATER;
AND
(E) EIGHT MEMBERS APPOINTED BY THE GOVERNOR, TWO OF WHOM SHALL BE
RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO BY THE
SPEAKER OF THE ASSEMBLY.
2. (A) OF THE FOUR MEMBERS APPOINTED TO THE DRINKING WATER QUALITY
COUNCIL AND RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY SHALL EACH RECOMMEND:
(I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS; AND
(II) ONE MEMBER REPRESENTING THE PUBLIC, WHO HAS A BACKGROUND OR
EXPERTISE IN TOXICOLOGY OR HEALTH RISK ASSESSMENT.
(B) OF THE FOUR ADDITIONAL MEMBERS APPOINTED TO THE DRINKING WATER
QUALITY COUNCIL, THE GOVERNOR SHALL APPOINT:
(I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS;
(II) ONE MEMBER WHO HAS A BACKGROUND OR EXPERTISE IN TOXICOLOGY OR
HEALTH RISK ASSESSMENT;
(III) ONE MEMBER WHO HAS A BACKGROUND OR EXPERTISE IN MICROBIOLOGY;
AND
(IV) ONE MEMBER WHO HAS A BACKGROUND OR EXPERTISE IN ENVIRONMENTAL
ENGINEERING.
(C) THE MEMBERS OF SUCH COUNCIL APPOINTED PURSUANT TO PARAGRAPH (E) OF
SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF TWO YEARS.
(D) THE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE
OF THIS SECTION SHALL EACH SERVE HIS OR HER TERM OF OFFICE OR UNTIL HIS
OR HER SUCCESSOR IS APPOINTED; PROVIDED THAT ANY VACANCY IN THE POSITION
OF AN APPOINTED MEMBER SHALL BE FILLED IN THE SAME MANNER AS THE
ORIGINAL APPOINTMENT AND ONLY FOR THE UNEXPIRED TERM OF THE VACANCY.
3. THE MEMBERS OF THE DRINKING WATER QUALITY COUNCIL SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT
TO THIS TITLE.
4. THE DRINKING WATER QUALITY COUNCIL SHALL MEET AT SUCH TIMES AND
PLACES AS MAY BE DETERMINED BY ITS CHAIR. THE COUNCIL SHALL MEET AT A
MINIMUM OF TWO TIMES PER YEAR. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC
PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. A MAJORITY OF THE
S. 2007--B 108 A. 3007--B
MEMBERS OF SUCH COUNCIL SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
BUSINESS. ACTION MAY BE TAKEN, AND MOTIONS AND RESOLUTIONS ADOPTED, AT
ANY MEETING BY THE AFFIRMATIVE VOTE OF A MAJORITY OF THE FULL MEMBERSHIP
OF THE COUNCIL.
5. THE COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING
TO:
(A) THOSE CONTAMINANTS, WHICH THE DEPARTMENT MAY LIST AS EMERGING
CONTAMINANTS PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS
TITLE.
(I) IN DETERMINING WHAT SUBSTANCES SHALL BE RECOMMENDED AS EMERGING
CONTAMINANTS THE COUNCIL SHALL, AT A MINIMUM, CONSIDER:
A. UNREGULATED CONTAMINANTS MONITORED PURSUANT TO THE FEDERAL SAFE
DRINKING WATER ACT (42 USC § 300G-1) AS AMENDED FROM TIME TO TIME;
B. SUBSTANCES THAT REQUIRE REGULATION OR MONITORING WHEN PRESENT IN
DRINKING WATER IN OTHER JURISDICTIONS OUTSIDE THE STATE OF NEW YORK;
C. PESTICIDE CHEMICALS FOR WHICH THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY HAS SET HUMAN HEALTH BENCHMARKS FOR DRINKING WATER;
D. SUBSTANCES FOUND AT SITES IN REMEDIAL PROGRAMS LOCATED INSIDE AND
OUTSIDE THE STATE OF NEW YORK, INCLUDING BUT NOT LIMITED TO INACTIVE
HAZARDOUS WASTE SITES; AND
E. WATERBORNE PATHOGENS AND MICROBIOLOGICAL CONTAMINANTS.
(II) THE COUNCIL SHALL RECOMMEND A NOTIFICATION LEVEL FOR EACH RECOM-
MENDED EMERGING CONTAMINANT.
(III) THE COUNCIL SHALL RECOMMEND TIMEFRAMES AND FREQUENCIES IN WHICH
TESTING SHOULD BE REQUIRED FOR THE RECOMMENDED EMERGING CONTAMINANTS,
ALLOWING FOR VARIATION BASED ON CIRCUMSTANCES SUCH AS THE SOURCE OF
WATER, THE REGION AND SIZE OF THE WATER SYSTEM.
(IV) THE COUNCIL SHALL PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF
RECOMMENDED EMERGING CONTAMINANTS AND CORRESPONDING NOTIFICATION LEVELS
FOR WHICH TESTING SHALL BE REQUIRED NO LATER THAN ONE YEAR FROM THE
INITIAL MEETING OF THE COUNCIL, AND THE COUNCIL SHALL UPDATE THE LIST
AND RECOMMEND NOTIFICATION LEVELS ANNUALLY THEREAFTER;
(B) A REVIEW OF SUBSTANCES IDENTIFIED AS EMERGING CONTAMINANTS PURSU-
ANT TO SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS TITLE. WHERE
APPROPRIATE THE COUNCIL SHALL RECOMMEND EITHER A MAXIMUM CONTAMINANT
LEVEL (MCL), OR THE REMOVAL OF THE SUBSTANCE FROM THE LIST OF EMERGING
CONTAMINANTS, ON THE BASIS OF AVAILABLE SCIENTIFIC EVIDENCE AND ANY
OTHER RELEVANT FACTORS;
(C) THE FORM AND CONTENT OF PUBLIC NOTIFICATIONS ISSUED PURSUANT TO
SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS TITLE;
(D) WORKING WITH OTHER STATE AGENCIES AND THE FEDERAL GOVERNMENT TO
ENSURE FUNDS ARE AVAILABLE AND ACCESSIBLE, PARTIES KNOWN TO BE RESPONSI-
BLE FOR CONTAMINATION ARE PURSUED, AND MITIGATION, REMEDIATION, AND
CLEANUP PROJECTS OCCUR IN A TIMELY MANNER;
(E) THE DEVELOPMENT OF EDUCATIONAL MATERIALS REGARDING PRIVATE WELL
WATER TESTING;
(F) THE APPROPRIATE USE OF, AND METHODS AND MANNER OF CONDUCTING,
BIOMONITORING AND BIOMONITORING STUDIES;
(G) THE INCLUSION OF INFORMATION ON THE ONLINE TRACKING AND MAPPING
SYSTEM ESTABLISHED IN SECTION 3-0315 OF THE ENVIRONMENTAL CONSERVATION
LAW; AND
(H) ANYTHING ELSE THE DEPARTMENT OR THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION DESIGNATES.
6. THE DRINKING WATER QUALITY COUNCIL SHALL BE ENTITLED TO REQUEST AND
RECEIVE INFORMATION FROM ANY STATE, MUNICIPAL DEPARTMENT, BOARD, COMMIS-
SION OR AGENCY THAT MAY BE REQUIRED OR ARE DEEMED NECESSARY FOR THE
S. 2007--B 109 A. 3007--B
PURPOSES OF SUCH COUNCIL, INCLUDING BUT NOT LIMITED TO ALL WATER INFOR-
MATION AND ANNUAL REPORTS THE DEPARTMENT HAS RELATING TO BOTH PUBLIC AND
PRIVATE WATER SUPPLIES.
7. BEFORE THE COUNCIL ADVANCES ANY RECOMMENDATION TO THE DEPARTMENT,
THE COUNCIL SHALL PROVIDE AN OPPORTUNITY FOR PUBLIC AND STAKEHOLDER
COMMENTS. FINAL RECOMMENDATIONS OF THE COUNCIL SHALL BE POSTED ON THE
DEPARTMENT'S WEBSITE WITHIN THIRTY DAYS AFTER THE COUNCIL ADOPTS SUCH
RECOMMENDATIONS.
§ 2. This act shall take effect immediately.
PART S
Section 1. Subdivision 2 of section 365-l of the social services law,
as added by section 37 of part H of chapter 59 of the laws of 2011, is
amended to read as follows:
2. In addition to payments made for health home services pursuant to
subdivision one of this section, the commissioner is authorized to pay
additional amounts to providers of health home services that meet proc-
ess or outcome standards specified by the commissioner. SUCH ADDITIONAL
AMOUNTS MAY BE PAID WITH STATE FUNDS ONLY IF FEDERAL FINANCIAL PARTIC-
IPATION FOR SUCH PAYMENTS IS UNAVAILABLE.
§ 2. Section 364-j of the social services law is amended by adding a
new subdivision 33 to read as follows:
33. FOR SERVICES UNDER THIS TITLE PROVIDED BY RESIDENTIAL HEALTH CARE
FACILITIES UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, THE
COMMISSIONER SHALL DIRECT MANAGED CARE ORGANIZATIONS LICENSED UNDER
ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, ARTICLE FORTY-THREE OF THE
INSURANCE LAW, AND THIS SECTION, TO CONTINUE TO REIMBURSE AT A BENCHMARK
RATE WHICH IS TO BE THE FEE-FOR-SERVICE RATE CALCULATED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED EIGHT OF THE PUBLIC HEALTH LAW. THE BENCH-
MARK FEE-FOR-SERVICE RATE SHALL CONTINUE TO BE PAID BY SUCH MANAGED CARE
ORGANIZATIONS FOR ALL SERVICES PROVIDED BY RESIDENTIAL HEALTHCARE FACIL-
ITIES FROM THE EFFECTIVE DATE OF THIS SUBDIVISION AT LEAST UNTIL DECEM-
BER THIRTY-FIRST, TWO THOUSAND TWENTY. THE COMMISSIONER MAY REQUIRE, AS
A CONDITION OF CONTINUING TO REQUIRE PAYMENT AT SUCH BENCHMARK RATE THAT
AGGREGATE MANAGED CARE EXPENDITURES TO RESIDENTIAL HEALTH CARE FACILI-
TIES MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS SET FORTH IN
ATTACHMENT I OF THE NEW YORK STATE SECTION 1115 MEDICAID REDESIGN TEAM
WAIVER AS APPROVED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES.
THE COMMISSIONER OF HEALTH SHALL WAIVE SUCH REQUIREMENTS IF A SUFFICIENT
NUMBER OF PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A FINAN-
CIAL HARDSHIP AS A CONSEQUENCE OF SUCH ALTERNATIVE PAYMENT METHODOLOGY
REQUIREMENTS, OR IF THE COMMISSIONER DETERMINES THAT SUCH ALTERNATIVE
PAYMENT METHODOLOGIES SIGNIFICANTLY THREATEN INDIVIDUALS' ACCESS TO
RESIDENTIAL HEALTH CARE FACILITY SERVICES; SUCH WAIVER MAY BE APPLIED ON
A PROVIDER-SPECIFIC OR INDUSTRY-WIDE BASIS. FURTHER, SUCH REQUIREMENTS
MAY BE WAIVED, AS THE COMMISSIONER DETERMINES NECESSARY, TO COMPLY WITH
FEDERAL RULES OR REGULATIONS GOVERNING THESE PAYMENT METHODOLOGIES.
§ 3. Subdivision 2 of section 365-a of the social services law is
amended by adding a new paragraph (dd) to read as follows:
(DD) PASTEURIZED DONOR HUMAN MILK (PDHM), WHICH MAY INCLUDE FORTIFIERS
AS MEDICALLY INDICATED, FOR INPATIENT USE, FOR WHICH A LICENSED MEDICAL
PRACTITIONER HAS ISSUED AN ORDER FOR AN INFANT WHO IS MEDICALLY OR PHYS-
ICALLY UNABLE TO RECEIVE MATERNAL BREAST MILK OR PARTICIPATE IN BREAST
FEEDING OR WHOSE MOTHER IS MEDICALLY OR PHYSICALLY UNABLE TO PRODUCE
MATERNAL BREAST MILK AT ALL OR IN SUFFICIENT QUANTITIES OR PARTICIPATE
S. 2007--B 110 A. 3007--B
IN BREAST FEEDING DESPITE OPTIMAL LACTATION SUPPORT. SUCH INFANT SHALL:
(I) HAVE A DOCUMENTED BIRTH WEIGHT OF LESS THAN ONE THOUSAND FIVE
HUNDRED GRAMS; OR (II) HAVE A CONGENITAL OR ACQUIRED CONDITION THAT
PLACES THE INFANT AT A HIGH RISK FOR DEVELOPMENT OF NECROTIZING ENTERO-
COLITIS; OR (III) HAVE A CONGENITAL OR ACQUIRED CONDITION THAT MAY BENE-
FIT FROM THE USE OF DONOR BREAST MILK AS DETERMINED BY THE COMMISSIONER
OF HEALTH OR HIS OR HER DESIGNEE.
§ 4. Subdivision 2 of section 365-a of the social services law is
amended by adding a new paragraph (ee) to read as follows:
(EE) MEDICAL ASSISTANCE SHALL INCLUDE THE COVERAGE OF A SET OF
SERVICES TO ENSURE IMPROVED OUTCOMES OF WOMEN WHO ARE IN THE PROCESS OF
OVULATION ENHANCING DRUGS, LIMITED TO THE PROVISION OF SUCH TREATMENT,
OFFICE VISITS, HYSTEROSALPINGOGRAM SERVICES, PELVIC ULTRASOUNDS, AND
BLOOD TESTING; SERVICES SHALL BE LIMITED TO THOSE NECESSARY TO MONITOR
SUCH TREATMENT. IN THE EVENT THAT NINETY PERCENT FEDERAL FINANCIAL
PARTICIPATION FOR SUCH SERVICES IS NOT AVAILABLE, THE STATE SHARE OF
APPROPRIATIONS RELATED TO THESE SERVICES SHALL BE USED FOR A GRANT
PROGRAM INTENDED TO ACCOMPLISH THE PURPOSE OF THIS SECTION.
§ 5. Section 3614-c of the public health law, as amended by chapter 56
of the laws of 2016, subparagraph (iv) of paragraph (a) of subdivision 3
as amended by section 1 and subparagraph (iv) of paragraph (b) of subdi-
vision 3 as amended by section 2 of part E of chapter 73 of the laws of
2016, is amended to read as follows:
§ 3614-c. Home care worker wage parity. 1. As used in this section,
the following terms shall have the following meaning:
(a) "Living wage law" means any law enacted by Nassau, Suffolk or
Westchester county or a city with a population of one million or more
which establishes a minimum wage for some or all employees who perform
work on contracts with such county or city.
(b) "Total compensation" means all wages and other direct compensation
paid to or provided on behalf of the employee including, but not limited
to, wages, health, education or pension benefits, supplements in lieu of
benefits and compensated time off, except that it does not include
employer taxes or employer portion of payments for statutory benefits,
including but not limited to FICA, disability insurance, unemployment
insurance and workers' compensation.
(c) "Prevailing rate of total compensation" means the average hourly
amount of total compensation paid to all home care aides covered by
whatever collectively bargained agreement covers the greatest number of
home care aides in a city with a population of one million or more. For
purposes of this definition, any set of collectively bargained agree-
ments in such city with substantially the same terms and conditions
relating to total compensation shall be considered as a single collec-
tively bargained agreement.
(d) "Home care aide" means a home health aide, personal care aide,
home attendant, PERSONAL ASSISTANT PERFORMING CONSUMER DIRECTED PERSONAL
ASSISTANCE SERVICES PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE-F OF
THE SOCIAL SERVICES LAW, or other licensed or unlicensed person whose
primary responsibility includes the provision of in-home assistance with
activities of daily living, instrumental activities of daily living or
health-related tasks; provided, however, that home care aide does not
include any individual (i) working on a casual basis, or (ii) (EXCEPT
FOR A PERSON EMPLOYED UNDER THE CONSUMER DIRECTED PERSONAL ASSISTANCE
PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
LAW) who is a relative through blood, marriage or adoption of: (1) the
employer; or (2) the person for whom the worker is delivering services,
S. 2007--B 111 A. 3007--B
under a program funded or administered by federal, state or local
government.
(e) "Managed care plan" means any managed care program, organization
or demonstration covering personal care or home health aide services,
and which receives premiums funded, in whole or in part, by the New York
state medical assistance program, including but not limited to all Medi-
caid managed care, Medicaid managed long term care, Medicaid advantage,
and Medicaid advantage plus plans and all programs of all-inclusive care
for the elderly.
(f) "Episode of care" means any service unit reimbursed, in whole or
in part, by the New York state medical assistance program, whether
through direct reimbursement or covered by a premium payment, and which
covers, in whole or in part, any service provided by a home care aide,
including but not limited to all service units defined as visits, hours,
days, months or episodes.
(g) "Cash portion of the minimum rate of home care [aid] AIDE total
compensation" means the minimum amount of home care aide total compen-
sation that may be paid in cash wages, as determined by the department
in consultation with the department of labor.
(h) "Benefit portion of the minimum rate of home care aide total
compensation" means the portion of home care aide total compensation
that may be paid in cash or health, education or pension benefits, wage
differentials, supplements in lieu of benefits and compensated time off,
as determined by the department in consultation with the department of
labor. Cash wages paid pursuant to increases in the state or federal
minimum wage cannot be used to satisfy the benefit portion of the mini-
mum rate of home care aide total compensation.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, no payments by government agencies shall be made to certified
home health agencies, long term home health care programs [or], managed
care plans, OR THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER
SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, for any
episode of care furnished, in whole or in part, by any home care aide
who is compensated at amounts less than the applicable minimum rate of
home care aide total compensation established pursuant to this section.
3. (a) The minimum rate of home care aide total compensation in a city
with a population of one million or more shall be:
(i) for the period March first, two thousand twelve through February
twenty-eighth, two thousand thirteen, ninety percent of the total
compensation mandated by the living wage law of such city;
(ii) for the period March first, two thousand thirteen through Febru-
ary twenty-eighth, two thousand fourteen, ninety-five percent of the
total compensation mandated by the living wage law of such city;
(iii) for the period March first, two thousand fourteen through March
thirty-first two thousand sixteen, no less than the prevailing rate of
total compensation as of January first, two thousand eleven, or the
total compensation mandated by the living wage law of such city, which-
ever is greater;
(iv) for all periods on or after April first, two thousand sixteen,
the cash portion of the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(a) of subdivision one of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of the minimum rate of
home care aide total compensation shall be four dollars and nine cents.
(b) The minimum rate of home care aide total compensation in the coun-
ties of Nassau, Suffolk and Westchester shall be:
S. 2007--B 112 A. 3007--B
(i) for the period March first, two thousand thirteen through February
twenty-eighth, two thousand fourteen, ninety percent of the total
compensation mandated by the living wage law as set on March first, two
thousand thirteen of a city with a population of a million or more;
(ii) for the period March first, two thousand fourteen through Febru-
ary twenty-eighth, two thousand fifteen, ninety-five percent of the
total compensation mandated by the living wage law as set on March
first, two thousand fourteen of a city with a population of a million or
more;
(iii) for the period March first, two thousand fifteen, through Febru-
ary twenty-eighth, two thousand sixteen, one hundred percent of the
total compensation mandated by the living wage law as set on March
first, two thousand fifteen of a city with a population of a million or
more;
(iv) for all periods on or after March first, two thousand sixteen,
the cash portion of the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(b) of subdivision one of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of the minimum rate of
home care aide total compensation shall be three dollars and twenty-two
cents.
4. The terms of this section shall apply equally to services provided
by home care aides who work on episodes of care as direct employees of
certified home health agencies, long term home health care programs, or
managed care plans, or as employees of licensed home care services agen-
cies, limited licensed home care services agencies, OR THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-
FIVE-F OF THE SOCIAL SERVICES LAW, or under any other arrangement.
5. No payments by government agencies shall be made to certified home
health agencies, long term home health care programs, [or] managed care
plans, OR THE CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER
SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, for any
episode of care without the certified home health agency, long term home
health care program, [or] managed care plan OR THE CONSUMER DIRECTED
PERSONAL ASSISTANCE PROGRAM having delivered prior written certification
to the commissioner, on forms prepared by the department in consultation
with the department of labor, that all services provided under each
episode of care are in full compliance with the terms of this section
and any regulations promulgated pursuant to this section.
6. If a certified home health agency or long term home health care
program elects to provide home care aide services through contracts with
licensed home care services agencies or through other third parties,
provided that the episode of care on which the home care aide works is
covered under the terms of this section, the certified home health agen-
cy, long term home health care program, or managed care plan must obtain
a written certification from the licensed home care services agency or
other third party, on forms prepared by the department in consultation
with the department of labor, which attests to the licensed home care
services agency's or other third party's compliance with the terms of
this section. Such certifications shall also obligate the certified home
health agency, long term home health care program, or managed care plan
to obtain, on no less than a quarterly basis, all information from the
licensed home care services agency, FISCAL INTERMEDIARY or other third
parties necessary to verify compliance with the terms of this section.
Such certifications and the information exchanged pursuant to them shall
be retained by all certified home health agencies, long term home health
S. 2007--B 113 A. 3007--B
care programs, or managed care plans, and all licensed home care
services agencies, or other third parties for a period of no less than
ten years, and made available to the department upon request.
7. The commissioner shall distribute to all certified home health
agencies, long term home health care programs, [and] managed care plans,
AND FISCAL INTERMEDIARIES IN THE CONSUMER DIRECTED PERSONAL ASSISTANCE
PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
LAW, official notice of the minimum rates of home care aide compensation
at least one hundred twenty days prior to the effective date of each
minimum rate for each social services district covered by the terms of
this section.
8. The commissioner is authorized to promulgate regulations, and may
promulgate emergency regulations, to implement the provisions of this
section.
9. Nothing in this section should be construed as applicable to any
service provided by certified home health agencies, long term home
health care programs, [or] managed care plans, OR CONSUMER DIRECTED
PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF
THE SOCIAL SERVICES LAW except for all episodes of care reimbursed in
whole or in part by the New York Medicaid program.
10. No certified home health agency, managed care plan [or], long term
home health care program, OR FISCAL INTERMEDIARY IN THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-
FIVE-F OF THE SOCIAL SERVICES LAW shall be liable for recoupment of
payments for services provided through a licensed home care services
agency or other third party with which the certified home health agency,
long term home health care program, or managed care plan has a contract
because the licensed agency or other third party failed to comply with
the provisions of this section if the certified home health agency, long
term home health care program, [or] managed care plan, OR FISCAL INTER-
MEDIARY has reasonably and in good faith collected certifications and
all information required pursuant to subdivisions five and six of this
section.
§ 6. Notwithstanding any other provision of law, the commissioner of
health is authorized to sell accounts receivable balances owed to the
state by Medicaid providers to financial institutions; provided that no
such sale of accounts receivable balances shall include any state
support, including a guarantee or contingent obligation of state funds
to mitigate the risk of nonpayment by providers owing on these account
receivable balances. The commissioner in consultation with the director
of the budget is authorized to determine the sale prices of any such
accounts receivable balances and shall include sale terms governing the
reasonable collection of such balances by the financial institution.
Following any such sale, providers owing on these accounts receivable
balances shall not include any additional cost, interest, or financing
charges solely as a result of such sale but shall be fully responsible
for paying the accounts receivable balances. Proceeds from the sale of
the accounts receivable balances shall be deposited to the Medicaid
escrow fund and be used to offset Medicaid costs under the Medicaid
global spending cap. The commissioner shall provide the legislature with
a description of the terms of any such sale, including a list of the
impacted Medicaid providers, at least thirty days prior to the sale.
§ 7. This act shall take effect immediately; provided, however that:
a. the amendments to section 364-j of the social services law made by
section two of this act shall not affect the repeal of such section and
shall be deemed to be repealed therewith;
S. 2007--B 114 A. 3007--B
b. sections three and five of this act shall take effect July 1, 2017;
and
c. section six of this act shall expire April 1, 2019; however, such
expiration shall not invalidate or otherwise impact any sale of accounts
receivable effected pursuant to such section prior to its expiration.
PART T
Section 1. This act shall be known and may be cited as the "clean
water infrastructure act of 2017".
§ 2. Article 15 of the environmental conservation law is amended by
adding a new title 33 to read as follows:
TITLE 33
SOURCE WATER PROTECTION PROJECTS
SECTION 15-3301. DEFINITIONS.
15-3303. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION.
15-3305. APPROVAL AND EXECUTION OF PROJECTS.
§ 15-3301. DEFINITIONS.
AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL MEAN:
1. "LAND ACQUISITION PROJECTS" MEANS OPEN SPACE ACQUISITION PROJECTS
UNDERTAKEN WITH WILLING SELLERS INCLUDING, BUT NOT LIMITED TO, THE
PURCHASE OF CONSERVATION EASEMENTS, UNDERTAKEN BY A MUNICIPALITY, A
NOT-FOR-PROFIT CORPORATION, OR PURCHASE OF CONSERVATION EASEMENTS BY A
SOIL AND WATER CONSERVATION DISTRICT.
2. "MUNICIPALITY" MEANS THE SAME AS SUCH TERM AS DEFINED IN SECTION
56-0101 OF THIS CHAPTER.
3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
THE NOT-FOR-PROFIT CORPORATION LAW AND QUALIFIED FOR TAX-EXEMPT STATUS
UNDER THE FEDERAL INTERNAL REVENUE CODE.
4. "SOIL AND WATER CONSERVATION DISTRICT" MEANS THE SAME AS SUCH TERM
AS DEFINED IN SECTION THREE OF THE SOIL AND WATER CONSERVATION DISTRICTS
LAW.
5. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
COST OF PROJECTS AUTHORIZED BY THIS TITLE TO PRESERVE, ENHANCE, RESTORE
AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
§ 15-3303. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION.
1. THE COMMISSIONER IS AUTHORIZED TO PROVIDE STATE ASSISTANCE TO MUNI-
CIPALITIES, NOT-FOR-PROFIT CORPORATIONS AND SOIL AND WATER CONSERVATION
DISTRICTS TO UNDERTAKE LAND ACQUISITION PROJECTS FOR SOURCE WATER
PROTECTION, IN COOPERATION WITH WILLING SELLERS. LAND ACQUISITION
PROJECTS FOR SOURCE WATER PROTECTION SHALL SUPPORT, EXPAND OR ENHANCE
DRINKING WATER QUALITY PROTECTION, INCLUDING BUT NOT LIMITED TO AQUI-
FERS, WATERSHEDS, RESERVOIRS, LAKES, RIVERS AND STREAMS.
2. A. ANY BUFFER ENCUMBERED BY A CONSERVATION EASEMENT ACQUIRED PURSU-
ANT TO THIS SECTION THAT ENCUMBERS LANDS USED IN AGRICULTURAL PRODUCTION
AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS
LAW IN A COUNTY DESIGNATED STATE CERTIFIED AGRICULTURAL DISTRICT CREATED
UNDER SECTION THREE HUNDRED THREE OF THE AGRICULTURE AND MARKETS LAW MAY
ALLOW AGRICULTURAL ACTIVITY THAT QUALIFIES SUCH LANDS, PROVIDED SUCH
ACTIVITY ON SUCH LANDS DOES NOT IMPAIR DRINKING WATER AND COMPLIES WITH
AN AGRICULTURAL ENVIRONMENTAL MANAGEMENT PROGRAM PLAN DEVELOPED BY THE
STATE SOIL AND WATER CONSERVATION COMMITTEE, IN PARTNERSHIP WITH THE
DEPARTMENT.
S. 2007--B 115 A. 3007--B
B. NOTWITHSTANDING ANY LIMITATIONS PROVIDED HEREIN ON LANDS ACQUIRED
PURSUANT TO THIS TITLE A LICENSE OR EASEMENT MAY BE GRANTED BY THE OWNER
OF SUCH PROPERTY TO A PUBLIC UTILITY FOR A PUBLIC PURPOSE.
3. IN EVALUATING LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION
PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL GIVE PRIORITY TO PROJECTS
WHICH PROTECT OR RECHARGE DRINKING WATER SOURCES AND WATERSHEDS INCLUD-
ING RIPARIAN BUFFERS AND WETLANDS.
4. A. NO STATE ASSISTANCE MAY BE PROVIDED PURSUANT TO THIS SECTION TO
FUND ANY LAND ACQUISITION PROJECT WHICH IS UNDERTAKEN BY EMINENT DOMAIN
UNLESS SUCH PROCESS IS UNDERTAKEN WITH A WILLING SELLER.
B. THE DEPARTMENT SHALL NOT PROVIDE FUNDING PURSUANT TO THIS TITLE FOR
ANY LAND ACQUISITION PROJECT FOR SOURCE WATER PROTECTION BY A NOT-FOR-
PROFIT CORPORATION, IF ANY TOWN, VILLAGE OR CITY WITHIN WHICH SUCH A
PROJECT IS LOCATED, BY RESOLUTION, WITHIN NINETY DAYS OF NOTIFICATION BY
SUCH CORPORATION OF ITS INTEREST IN ACQUIRING SUCH PROJECTS, OBJECTS TO
SUCH ACQUISITION.
5. CONSISTENT WITH SECTION ELEVEN-B OF THE SOIL AND WATER CONSERVATION
DISTRICTS LAW, THE SOIL AND WATER CONSERVATION COMMITTEE IN CONSULTATION
WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS IS AUTHORIZED TO
PROVIDE STATE ASSISTANCE PAYMENTS TO COUNTY SOIL AND WATER CONSERVATION
DISTRICTS, WITHIN AMOUNTS APPROPRIATED, FOR LAND ACQUISITION PROJECTS
FOR SOURCE WATER PROTECTION PROJECTS TO SUPPORT, EXPAND OR ENHANCE
DRINKING WATER QUALITY PROTECTION, INCLUDING BUT NOT LIMITED TO AQUI-
FERS, WATERSHEDS, RESERVOIRS, LAKES, RIVERS AND STREAMS. SUCH COMMITTEE
SHALL GIVE PRIORITY TO PROJECTS WHICH ESTABLISH BUFFERS FROM WATERS
WHICH SERVES AS OR ARE TRIBUTARIES TO DRINKING WATER SUPPLIES FOR SUCH
PROJECTS USING STATE ASSISTANCE PURSUANT TO THIS SECTION.
6. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILI-
TATED BY OR THROUGH A MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION WITH
FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT BE SOLD, LEASED,
EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR USED FOR OTHER THAN THE
PUBLIC PURPOSES OF THIS TITLE WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF
THE LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS
OF EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASONABLY EQUIV-
ALENT USEFULNESS AND LOCATION TO THOSE TO BE DISCONTINUED, SOLD OR
DISPOSED OF, AND SUCH OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE
COMMISSIONER.
7. IF THE STATE ACQUIRES A REAL PROPERTY INTEREST IN LAND PURCHASED BY
A MUNICIPALITY OR NOT-FOR-PROFIT WITH FUNDS MADE AVAILABLE PURSUANT TO
THIS TITLE, THE STATE SHALL PAY THE FAIR MARKET VALUE OF SUCH INTEREST
LESS THE AMOUNT OF FUNDING PROVIDED BY THE STATE PURSUANT TO THIS
SECTION.
8. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
PROMOTE AN EQUITABLE REGIONAL DISTRIBUTION OF FUNDS, CONSISTENT WITH THE
PURPOSE OF THIS SECTION.
§ 15-3305. APPROVAL AND EXECUTION OF PROJECTS.
1. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION MAY BE UNDER-
TAKEN PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND OTHER APPLICABLE
PROVISIONS OF LAW ONLY WITH THE APPROVAL OF THE COMMISSIONER.
2. THE COMMISSIONER SHALL REVIEW SUCH PROJECT APPLICATION AND MAY
APPROVE, DISAPPROVE OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH
APPLICABLE LAW, CRITERIA, STANDARDS OR RULES AND REGULATIONS RELATIVE TO
SUCH PROJECTS. IN REVIEWING APPLICATIONS FOR PROJECTS PURSUANT TO THIS
SECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO:
A. THE PROJECT'S CONTRIBUTION TO THE PROTECTION OF DRINKING WATER
SUPPLIES;
S. 2007--B 116 A. 3007--B
B. THE PRESENCE OF A WATER PLAN, INCLUDING A SOURCE WATER
ASSESSMENT/PROTECTION PLAN OR OTHER SIMILAR PLAN WHICH IDENTIFIES MEAS-
URES TO REDUCE THREATS TO DRINKING WATER SOURCES AND PRIORITIES FOR LAND
ACQUISITION PROJECTS; AND,
C. FINANCIAL NEED OR HARDSHIP.
3. ALL LAND ACQUISITION PROJECTS SHALL BE UNDERTAKEN IN THE STATE OF
NEW YORK. THE TOTAL AMOUNT OF THE STATE ASSISTANCE PAYMENTS TOWARD THE
COST OF ANY SUCH PROJECT SHALL BE SET FORTH IN ANY REQUEST FOR PROPOSAL
ISSUED TO SOLICIT PROJECTS AND WILL IN NO EVENT EXCEED SEVENTY-FIVE
PERCENT OF THE COST.
FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE STATE ASSISTANCE
PAYMENTS, THE COST OF THE PROJECT SHALL NOT BE MORE THAN THE AMOUNT SET
FORTH IN THE APPLICATION FOR STATE ASSISTANCE PAYMENTS APPROVED BY THE
COMMISSIONER. THE STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT
SHALL BE PAID ON AUDIT AND WARRANT OF THE STATE COMPTROLLER ON A CERTIF-
ICATE OF AVAILABILITY OF THE DIRECTOR OF THE BUDGET.
4. A. THE COMMISSIONER AND A MUNICIPALITY MAY ENTER INTO A CONTRACT
FOR THE UNDERTAKING BY THE MUNICIPALITY OF A SOURCE WATER PROTECTION
PROJECT. SUCH PROJECT SHALL BE RECOMMENDED TO THE COMMISSIONER BY THE
GOVERNING BODY OF THE MUNICIPALITY AND, WHEN APPROVED BY THE COMMISSION-
ER, MAY BE UNDERTAKEN BY THE MUNICIPALITY PURSUANT TO THIS TITLE AND ANY
OTHER APPLICABLE PROVISION OF LAW.
B. THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
CONTRACT FOR THE UNDERTAKING BY THE NOT-FOR-PROFIT CORPORATION OF A
SOURCE WATER PROTECTION PROJECT. SUCH A PROJECT SHALL BE RECOMMENDED TO
THE COMMISSIONER BY THE GOVERNING BODY OF A NOT-FOR-PROFIT CORPORATION
WHICH DEMONSTRATES TO THE SATISFACTION OF THE COMMISSIONER THAT IT IS
CAPABLE OF OPERATING AND MAINTAINING SUCH PROPERTY FOR THE BENEFIT OF
DRINKING WATER AND/OR WATER QUALITY PROTECTION. UPON APPROVAL BY THE
COMMISSIONER, SUCH PROJECT MAY BE UNDERTAKEN PURSUANT TO THE PROVISIONS
OF THIS TITLE AND ANY OTHER APPLICABLE PROVISION OF LAW.
5. NO MONIES SHALL BE EXPENDED FOR SOURCE WATER PROTECTION LAND ACQUI-
SITION PROJECTS EXCEPT PURSUANT TO AN APPROPRIATION THEREFOR.
§ 3. The public health law is amended by adding a new section 1114 to
read as follows:
§ 1114. LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM. 1. TO THE EXTENT
PRACTICABLE, THE DEPARTMENT SHALL ALLOCATE APPROPRIATED FUNDS EQUITABLY
AMONG REGIONS OF THE STATE. WITHIN EACH REGION, THE DEPARTMENT SHALL
GIVE PRIORITY TO MUNICIPALITIES THAT HAVE A HIGH PERCENTAGE OF ELEVATED
CHILDHOOD BLOOD LEAD LEVELS, BASED ON THE MOST RECENT AVAILABLE DATA. IN
DISTRIBUTING THE AWARDS ALLOCATED FOR EACH REGION TO SUCH PRIORITY MUNI-
CIPALITIES, THE DEPARTMENT SHALL ALSO CONSIDER WHETHER THE COMMUNITY IS
LOW INCOME AND THE NUMBER OF LEAD SERVICE LINES IN NEED OF REPLACEMENT.
THE DEPARTMENT MAY REQUEST THAT SUCH MUNICIPALITIES PROVIDE SUCH
DOCUMENTATION AS THE DEPARTMENT MAY REQUIRE TO CONFIRM AWARD ELIGIBIL-
ITY.
2. THE DEPARTMENT SHALL PUBLISH INFORMATION, APPLICATION FORMS, PROCE-
DURES AND GUIDELINES RELATING TO THE PROGRAM ON ITS WEBSITE AND IN A
MANNER THAT IS ACCESSIBLE TO THE PUBLIC AND ALL POTENTIAL AWARD RECIPI-
ENTS.
§ 4. Article 27 of the environmental conservation law is amended by
adding a new title 12 to read as follows:
TITLE 12
MITIGATION AND REMEDIATION OF CERTAIN SOLID WASTE SITES AND
DRINKING WATER CONTAMINATION
S. 2007--B 117 A. 3007--B
SECTION 27-1201. DEFINITIONS.
27-1203. MITIGATION AND REMEDIATION OF SOLID WASTE SITES.
27-1205. MITIGATION OF CONTAMINANTS IN DRINKING WATER.
27-1207. USE AND REPORTING OF THE SOLID WASTE MITIGATION ACCOUNT
AND THE DRINKING WATER RESPONSE ACCOUNT.
27-1209. RULES AND REGULATIONS.
27-1211. PROTECTION AGAINST LIABILITY AND LIABILITY EXEMPTIONS
AND DEFENSES.
§ 27-1201. DEFINITIONS.
WHEN USED IN THIS TITLE:
1. "CONTAMINANT" MEANS EMERGING CONTAMINANTS PURSUANT TO SECTION ELEV-
EN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, AND, FOR SOLID WASTE SITES,
SHALL INCLUDE PARAMETERS IDENTIFIED IN REGULATIONS REQUIRED TO BE TESTED
BY LANDFILLS TO ENSURE THE PROTECTION OF GROUNDWATER QUALITY.
2. "CONTAMINATION" OR "CONTAMINATED" MEANS THE PRESENCE OF A CONTAM-
INANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL, SURFACE WATER, OR
GROUNDWATER, SUFFICIENT TO CAUSE OR SUBSTANTIALLY CONTRIBUTE TO AN
EXCEEDANCE OF STANDARDS, CRITERIA, AND GUIDANCE VALUES ESTABLISHED BY
THE DEPARTMENT OR DRINKING WATER STANDARDS, INCLUDING MAXIMUM CONTAM-
INANT LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT LEVELS
OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH.
3. "DRINKING WATER CONTAMINATION SITE" MEANS ANY AREA OR SITE THAT IS
CAUSING OR SUBSTANTIALLY CONTRIBUTING TO THE CONTAMINATION OF ONE OR
MORE PUBLIC DRINKING WATER SUPPLIES.
4. "DRINKING WATER RESPONSE ACCOUNT" MEANS THE ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION ONE OF SECTION NINETY-SEVEN-B OF THE STATE
FINANCE LAW.
5. "MITIGATION" MEANS THE INVESTIGATION, SAMPLING, MANAGEMENT, OR
TREATMENT OF A SOLID WASTE SITE OR DRINKING WATER CONTAMINATION SITE
REQUIRED TO ENSURE THE AVAILABILITY OF SAFE DRINKING WATER, INCLUDING
PUBLIC WATER SYSTEMS AND INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS NECES-
SARY TO MEET STANDARDS, CRITERIA, AND GUIDANCE VALUES ESTABLISHED BY THE
DEPARTMENT OR DRINKING WATER STANDARDS, INCLUDING MAXIMUM CONTAMINANT
LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT LEVELS, OR
ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH THAT CAN BE
SUCCESSFULLY CARRIED OUT WITH AVAILABLE, IMPLEMENTABLE AND COST-EFFEC-
TIVE TECHNOLOGY. "MITIGATION" ACTIVITIES INCLUDE BUT ARE NOT LIMITED TO
THE INSTALLATION OF DRINKING WATER TREATMENT SYSTEMS, THE PROVISION OF
ALTERNATIVE WATER SUPPLIES, OR REPAIR OF A LANDFILL CAP. "MITIGATION"
DOES NOT MEAN REMEDIATION.
6. "SOLID WASTE SITE" MEANS A SITE WHERE (A) THE DEPARTMENT HAS A
REASONABLE BASIS TO SUSPECT THAT THE ILLEGAL DISPOSAL OF SOLID WASTE
OCCURRED OR, (B) A COURT OF COMPETENT JURISDICTION HAS DETERMINED THAT
AN ILLEGAL DISPOSAL OF SOLID WASTE OCCURRED, OR (C) THE DEPARTMENT KNOWS
OR HAS A REASONABLE BASIS TO SUSPECT THAT AN INACTIVE SOLID WASTE
MANAGEMENT FACILITY WHICH DOES NOT HAVE A CURRENT MONITORING PROGRAM IS
IMPACTING OR CONTAMINATING ONE OR MORE DRINKING WATER SUPPLIES. SOLID
WASTE SITE SHALL NOT INCLUDE A SITE WHICH IS CURRENTLY SUBJECT TO INVES-
TIGATION OR REMEDIATION PURSUANT TO TITLE THIRTEEN OR FOURTEEN OF THIS
ARTICLE OR ANY SITE WHICH COMPLETED SUCH PROGRAMS AND WAS EITHER
DELISTED BY OR RECEIVED A CERTIFICATE OF COMPLETION FROM THE DEPARTMENT.
7. "SOLID WASTE MITIGATION ACCOUNT" MEANS THE ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION ONE OF SECTION NINETY-SEVEN-B OF THE STATE
FINANCE LAW.
8. "SOLID WASTE MANAGEMENT FACILITY" MEANS ANY FACILITY EMPLOYED FOR
SOLID WASTE COLLECTION, PROCESSING AND DISPOSAL INCLUDING PROCESSING
S. 2007--B 118 A. 3007--B
SYSTEMS, INCLUDING RESOURCE RECOVERY FACILITIES OR OTHER FACILITIES FOR
REDUCING SOLID WASTE VOLUME, SANITARY LANDFILLS, REGULATED FACILITIES
FOR THE DISPOSAL OF CONSTRUCTION AND DEMOLITION DEBRIS, REGULATED PLANTS
AND FACILITIES FOR COMPACTING, COMPOSTING OR PYROLIZATION OF SOLID
WASTES, REGULATED MULCH FACILITIES, LANDSPREADING AND SOIL AMENDING
OPERATIONS, AND INCINERATORS.
§ 27-1203. MITIGATION AND REMEDIATION OF SOLID WASTE SITES.
1. THE SOLID WASTE SITE PRIORITY IN THIS STATE IS TO MITIGATE AND
REMEDIATE ANY SOLID WASTE SITE CAUSING OR SUBSTANTIALLY CONTRIBUTING TO
IMPAIRMENTS OF DRINKING WATER QUALITY WHICH MAY IMPACT PUBLIC HEALTH.
2. THE DEPARTMENT SHALL, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH,
DEVELOP A SYSTEM TO SELECT AND PRIORITIZE SITES FOR MITIGATION AND REME-
DIATION, CONSIDERING THE EFFECTS ON THE HEALTH OF THE STATE.
3. BEGINNING JULY FIRST, TWO THOUSAND NINETEEN AND ANNUALLY THEREAFT-
ER, THE DEPARTMENT SHALL PREPARE AND SUBMIT TO THE GOVERNOR AND THE
LEGISLATURE A COMPREHENSIVE PLAN DESIGNED TO MITIGATE AND REMEDIATE
SOLID WASTE SITES. THIS PLAN SHALL ESTABLISH A SOLID WASTE SITE MITI-
GATION AND REMEDIATION PRIORITY LIST.
4. THE DEPARTMENT IS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATIONS
TO DETERMINE IF A SOLID WASTE SITE IS CAUSING OR SUBSTANTIALLY CONTRIB-
UTING TO IMMINENT OR DOCUMENTED DRINKING WATER SOURCE CONTAMINATION. THE
DEPARTMENT, AND ANY EMPLOYEE, AGENT, CONSULTANT OR OTHER PERSON ACTING
AT THE DIRECTION OF THE DEPARTMENT, SHALL HAVE THE AUTHORITY TO ENTER
ALL SOLID WASTE SITES FOR THE PURPOSE OF PRELIMINARY INVESTIGATION,
MITIGATION AND REMEDIATION, PROVIDED THAT THE DEPARTMENT HAS MADE A
REASONABLE EFFORT TO IDENTIFY THE OWNER OF SUCH PROPERTY TO NOTIFY SUCH
OWNER OF THE INTENT TO ENTER THE PROPERTY AT LEAST TEN DAYS IN ADVANCE.
IN THE EVENT THE COMMISSIONER OF HEALTH MAKES A WRITTEN DETERMINATION
THAT SUCH TEN DAY NOTICE WILL NOT BE SUFFICIENT TO PROTECT PUBLIC
HEALTH, TWO DAYS' WRITTEN NOTICE SHALL BE SUFFICIENT. ANY INSPECTION OF
THE PROPERTY AND EACH TAKING OF SAMPLES SHALL TAKE PLACE AT REASONABLE
TIMES AND SHALL BE COMMENCED AND COMPLETED WITH REASONABLE PROMPTNESS.
SUCH PRELIMINARY INVESTIGATION SHALL INCLUDE:
A. CONDUCTING OR CAUSING TO BE CONDUCTED FIELD INVESTIGATIONS OF HIGH
PRIORITY SITES IDENTIFIED IN THE PLAN ESTABLISHED PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION FOR THE PURPOSE OF FURTHER DEFINING NECESSARY
MITIGATION AND REMEDIATION, IF ANY. TO THE MAXIMUM EXTENT PRACTICABLE,
THE DEPARTMENT SHALL UTILIZE EXISTING INFORMATION INCLUDING, BUT NOT
LIMITED TO, SUBSURFACE BORINGS AND ANY ANALYSES OR TESTS OF SAMPLES
TAKEN FROM SUCH SITES BY OWNERS OR OPERATORS, OTHER RESPONSIBLE PERSONS
AND ANY FEDERAL OR NON-FEDERAL AGENCIES;
B. MAKING ANY SUBSURFACE BORINGS AND ANY ANALYSES OR TESTS OF SAMPLES
TAKEN AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE FIELD INVESTI-
GATIONS OF SITES AS REQUIRED UNDER THIS SECTION SUBJECT TO THE REQUIRE-
MENTS OF THIS TITLE. IF THE OWNER OF A SOLID WASTE SITE CAN BE IDENTI-
FIED, THE DEPARTMENT SHALL PROVIDE SUCH OWNER WITH A MINIMUM OF TEN
DAYS' WRITTEN NOTICE OF THE INTENT TO TAKE SUCH BORINGS OR SAMPLES IN
ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWELVE OF SECTION 27-1205
OF THIS TITLE. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE
RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY TO THE OWNER OR
OPERATOR. UPON THE COMPLETION OF ALL SAMPLING ACTIVITIES, THE DEPARTMENT
OR AUTHORIZED PERSON SHALL REMOVE, OR CAUSE TO BE REMOVED, ALL EQUIPMENT
AND WELL MACHINERY AND RETURN THE GROUND SURFACE OF THE PROPERTY TO ITS
CONDITION PRIOR TO SUCH SAMPLING, UNLESS THE DEPARTMENT OR AUTHORIZED
PERSON, AND THE OWNER OF THE PROPERTY SHALL OTHERWISE AGREE;
S. 2007--B 119 A. 3007--B
C. MAKING ANY RECORD SEARCHES OR DOCUMENT REVIEWS AS MAY BE NECESSARY
OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION SUBJECT TO THE
REQUIREMENTS OF THIS TITLE.
5. IF THE DEPARTMENT OR THE DEPARTMENT OF HEALTH, AS APPROPRIATE,
DETERMINES THAT A SOLID WASTE SITE POSES A SIGNIFICANT THREAT TO THE
PUBLIC HEALTH OR ENVIRONMENT DUE TO HAZARDOUS WASTE, THE DEPARTMENT
SHALL REFER THE SITE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE REME-
DIAL PROGRAM PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE.
6. WHERE THE DEPARTMENT HAS DETERMINED THROUGH A PRELIMINARY INVESTI-
GATION CONDUCTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION THAT A
SOLID WASTE SITE IS CAUSING OR SUBSTANTIALLY CONTRIBUTING TO CONTAM-
INATION OF A PUBLIC DRINKING WATER SUPPLY, THE OWNER OR OPERATOR OF A
SOLID WASTE SITE SHALL, AT THE DEPARTMENT'S WRITTEN REQUEST, COOPERATE
WITH ANY AND ALL REMEDIAL MEASURES DEEMED NECESSARY AND WHICH SHALL BE
UNDERTAKEN BY THE DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF
HEALTH, FOR THE MITIGATION AND REMEDIATION OF A SOLID WASTE SITE OR AREA
WHICH IS NECESSARY TO ENSURE THAT DRINKING WATER MEETS APPLICABLE STAND-
ARDS, INCLUDING MAXIMUM CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM
RESIDUAL DISINFECTANT LEVELS, OR ACTION LEVELS ESTABLISHED BY THE
DEPARTMENT OF HEALTH. THE DEPARTMENT MAY IMPLEMENT NECESSARY MEASURES TO
MITIGATE AND REMEDIATE THE SOLID WASTE SITE WITHIN AMOUNTS APPROPRIATED
FOR SUCH PURPOSES FROM THE SOLID WASTE MITIGATION ACCOUNT.
§ 27-1205. MITIGATION OF CONTAMINANTS IN DRINKING WATER.
1. WHENEVER THE COMMISSIONER OF HEALTH HAS REQUIRED A PUBLIC WATER
SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERGING CONTAMINANT OR
EMERGING CONTAMINANTS AND HAS DETERMINED THAT THE CONCENTRATION OF THE
EMERGING CONTAMINANT CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO PUBLIC
HEALTH BASED ON THE BEST AVAILABLE SCIENTIFIC INFORMATION PURSUANT TO
SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, THE DEPARTMENT
IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, MAY, PURSUANT TO THE CLEAN
WATER INFRASTRUCTURE ACT OF 2017 AND WITHIN THE UP TO ONE HUNDRED THIRTY
MILLION DOLLARS APPROPRIATED FOR SUCH PURPOSES, UNDERTAKE ALL REASONABLE
AND NECESSARY ADDITIONAL MITIGATION MEASURES IN ANY AREA OF THE STATE IN
WHICH CONTAMINATION IS KNOWN TO BE PRESENT. THE DEPARTMENT SHALL EMPLOY
FEASIBLE MEASURES THAT CAN BE SUCCESSFULLY CARRIED OUT WITH AVAILABLE,
IMPLEMENTABLE AND COST EFFECTIVE TECHNOLOGY. SUCH AREA SHALL INCLUDE, AT
A MINIMUM, ALL PROPERTIES SERVED BY THE PUBLIC WATER SYSTEM, ANY INDI-
VIDUAL ONSITE WATER SUPPLY SYSTEMS IMPACTED BY THE CONTAMINATION, AND
ANY LAND AND ANY SURFACE OR UNDERGROUND WATER SOURCES IMPACTED BY THE
CONTAMINATION. SUCH APPROVED MEASURES SHALL BE PROTECTIVE OF PUBLIC
HEALTH AND MAY INCLUDE BUT NOT BE LIMITED TO THE INSTALLATION OF TREAT-
MENT SYSTEMS OR THE PROVISION OF ALTERNATIVE WATER SUPPLY SOURCES TO
ENSURE THAT DRINKING WATER MEETS APPLICABLE STANDARDS, INCLUDING MAXIMUM
CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT
LEVELS, OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH.
2. IF THE DEPARTMENT OR THE DEPARTMENT OF HEALTH, AS APPLICABLE,
DETERMINES THAT A DRINKING WATER CONTAMINATION SITE POSES A SIGNIFICANT
THREAT TO THE PUBLIC HEALTH OR ENVIRONMENT FROM A HAZARDOUS WASTE, THE
DEPARTMENT SHALL REFER THE SITE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL
SITE REMEDIAL PROGRAM PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE.
3. WHENEVER THE COMMISSIONER OF HEALTH HAS REQUIRED A PUBLIC WATER
SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO EMERGING CONTAMINANTS AND
HAS DETERMINED THAT THE CONCENTRATION OF THE EMERGING CONTAMINANT
CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO PUBLIC HEALTH BASED ON THE
BEST AVAILABLE SCIENTIFIC INFORMATION PURSUANT TO SECTION ELEVEN HUNDRED
TWELVE OF THE PUBLIC HEALTH LAW:
S. 2007--B 120 A. 3007--B
A. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO UNDERTAKE DIRECTLY IN
CONJUNCTION WITH THE DEPARTMENT OF HEALTH, THE DEVELOPMENT AND IMPLEMEN-
TATION OF ALL NECESSARY AND REASONABLE MITIGATION AND REMEDIATION MEAS-
URES OF DRINKING WATER CONTAMINATION, AS APPROVED BY THE DEPARTMENT OF
HEALTH, TO ADDRESS EMERGING CONTAMINANTS IN PUBLIC WATER SUPPLIES;
B. THE COMMISSIONER MAY ORDER, AFTER NOTICE AND OPPORTUNITY FOR A
HEARING, THE OWNER AND/OR OPERATOR OF THE DRINKING WATER CONTAMINATION
SITE AND/OR ANY PERSON RESPONSIBLE FOR SUCH CONTAMINATION TO UNDERTAKE
ALL REASONABLE AND NECESSARY MITIGATION AND REMEDIATION, AS APPROVED BY
THE DEPARTMENT OF HEALTH, TO ENSURE THAT DRINKING WATER MEETS APPLICABLE
STANDARDS, INCLUDING MAXIMUM CONTAMINANT LEVELS, NOTIFICATION LEVELS,
MAXIMUM RESIDUAL DISINFECTANT LEVELS, OR ACTION LEVELS ESTABLISHED BY
THE DEPARTMENT OF HEALTH, AND EMPLOY FEASIBLE MEASURES THAT CAN BE
SUCCESSFULLY CARRIED OUT WITH AVAILABLE, IMPLEMENTABLE AND COST EFFEC-
TIVE TECHNOLOGY, SUBJECT TO THE APPROVAL OF THE DEPARTMENT AND THE
DEPARTMENT OF HEALTH, AT SUCH SITE, AND TO IMPLEMENT SUCH PROGRAM WITHIN
REASONABLE TIME LIMITS SPECIFIED IN THE ORDER. PROVIDED, HOWEVER, THAT
IN THE EVENT THE COMMISSIONER OF HEALTH SHALL ISSUE AN ORDER PURSUANT TO
SUBDIVISION THREE OF SECTION ONE THOUSAND THREE HUNDRED EIGHTY-NINE-B OF
THE PUBLIC HEALTH LAW, SUCH ORDER OF THE COMMISSIONER OF HEALTH SHALL
SUPERSEDE ANY ORDER ISSUED HEREUNDER.
4. THE DEPARTMENT SHALL HAVE THE AUTHORITY A. TO DELEGATE RESPONSIBIL-
ITY FOR A SPECIFIC DRINKING WATER CONTAMINATION SITE TO THE MUNICIPALITY
IN WHICH SUCH SITE IS LOCATED AND B. TO CONTRACT WITH ANY OTHER PERSON
TO PERFORM NECESSARY WORK IN CONNECTION WITH SUCH SITES.
5. SECTION EIGHT OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW TO THE CONTRARY NOTWITHSTANDING, THE STATE SHALL BE IMMUNE FROM
LIABILITY AND ACTION WITH RESPECT TO ANY ACT OR OMISSION DONE IN THE
DISCHARGE OF THE DEPARTMENT'S AFORESAID RESPONSIBILITY PURSUANT TO THIS
TITLE; PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT LIMIT THE
LIABILITY WHICH MAY OTHERWISE EXIST FOR UNLAWFUL, WILLFUL, OR MALICIOUS
ACTS OR OMISSIONS ON THE PART OF THE STATE, STATE AGENCIES, OR THEIR
OFFICERS, EMPLOYEES OR AGENTS; OR FOR THE OWNERSHIP OR RESPONSIBILITY
FOR THE DISPOSAL OF SUCH CONTAMINANT, INCLUDING LIABILITY FOR THE COST
OF REMEDIATION, PURSUANT TO THIS SECTION.
6. WHENEVER THE COMMISSIONER OF HEALTH, AFTER INVESTIGATION, FINDS:
A. THAT A PUBLIC DRINKING WATER CONTAMINATION SITE REPRESENTS AN ACTU-
AL OR POTENTIAL THREAT TO THE PUBLIC HEALTH; AND
B. THE THREAT MAKES IT PREJUDICIAL TO THE PUBLIC INTEREST TO DELAY
ACTION UNTIL A HEARING CAN BE HELD PURSUANT TO THIS TITLE, THE DEPART-
MENT MAY, PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION
AND WITHIN THE FUNDS AVAILABLE TO THE DEPARTMENT FROM THE DRINKING WATER
RESPONSE ACCOUNT, DEVELOP AND IMPLEMENT, IN CONJUNCTION WITH THE DEPART-
MENT OF HEALTH, ALL REASONABLE AND NECESSARY MITIGATION AND REMEDIAL
MEASURES TO ADDRESS DRINKING WATER CONTAMINATION FOR SUCH SITE TO ENSURE
THAT DRINKING WATER MEETS APPLICABLE STANDARDS, INCLUDING MAXIMUM
CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT
LEVELS OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH. FIND-
INGS REQUIRED PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING AND MAY
BE MADE BY THE COMMISSIONER OF HEALTH ON AN EX PARTE BASIS SUBJECT TO
JUDICIAL REVIEW.
7. ANY ORDER ISSUED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF
THIS SECTION SHALL BE ISSUED ONLY AFTER NOTICE AND THE OPPORTUNITY FOR A
HEARING IS PROVIDED TO PERSONS WHO MAY BE THE SUBJECT OF SUCH ORDER.
THE COMMISSIONER OR THE COMMISSIONER OF HEALTH SHALL DETERMINE WHICH
PERSONS ARE RESPONSIBLE PURSUANT TO SAID SUBDIVISION ACCORDING TO APPLI-
S. 2007--B 121 A. 3007--B
CABLE PRINCIPLES OF STATUTORY OR COMMON LAW LIABILITY. SUCH PERSONS
SHALL BE ENTITLED TO RAISE ANY DEFENSE SET FORTH IN SECTION 27-1211 OF
THIS TITLE OR COMMON LAW DEFENSE AT ANY SUCH HEARING AND SUCH DEFENSES
SHALL HAVE THE SAME FORCE AND EFFECT AT SUCH HEARINGS AS THEY WOULD HAVE
IN A COURT OF LAW. IN THE EVENT A HEARING IS HELD, NO ORDER SHALL BE
ISSUED BY THE COMMISSIONER UNDER SUBDIVISION THREE OF THIS SECTION UNTIL
A FINAL DECISION HAS BEEN RENDERED. ANY SUCH ORDER SHALL BE REVIEWABLE
PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES
WITHIN THIRTY DAYS AFTER SERVICE OF SUCH ORDER. THE COMMISSIONER OR THE
COMMISSIONER OF HEALTH MAY REQUEST THE PARTICIPATION OF THE ATTORNEY
GENERAL IN SUCH HEARINGS.
8. THE COMMISSIONER SHALL MAKE ALL REASONABLE EFFORTS, IN ACCORDANCE
WITH THE REQUIREMENTS OF SUBDIVISION SIX OF SECTION NINETY-SEVEN-B OF
THE STATE FINANCE LAW, TO RECOVER ALL MITIGATION COSTS INCURRED PURSUANT
TO SUBDIVISIONS ONE AND THREE OF THIS SECTION FROM THE OWNER AND/OR
OPERATOR OF THE DRINKING WATER CONTAMINATION SITE.
9. WHEN A MUNICIPALITY DEVELOPS AND IMPLEMENTS REMEDIATION TO ADDRESS
A DRINKING WATER CONTAMINATION SITE, DETERMINED PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION, AND THE PLAN IS APPROVED BY THE DEPARTMENT, IN
CONJUNCTION WITH THE DEPARTMENT OF HEALTH, WHICH IS OWNED OR HAS BEEN
OPERATED BY SUCH MUNICIPALITY OR WHEN THE DEPARTMENT, IN CONJUNCTION
WITH THE DEPARTMENT OF HEALTH, PURSUANT TO AN AGREEMENT WITH A MUNICI-
PALITY, DEVELOPS AND IMPLEMENTS SUCH REMEDIATION, THE COMMISSIONER
SHALL, IN THE NAME OF THE STATE, AGREE IN SUCH AGREEMENT TO PROVIDE FROM
THE DRINKING WATER RESPONSE ACCOUNT, WITHIN THE LIMITATIONS OF APPROPRI-
ATIONS THEREFOR, SEVENTY-FIVE PERCENT OF THE ELIGIBLE DESIGN AND
CONSTRUCTION COSTS OF SUCH PROGRAM FOR WHICH SUCH MUNICIPALITY IS LIABLE
SOLELY BECAUSE OF ITS OWNERSHIP AND/OR OPERATION OF SUCH SITE AND WHICH
ARE NOT RECOVERED FROM OR REIMBURSED OR PAID BY A RESPONSIBLE PARTY OR
THE FEDERAL GOVERNMENT.
10. NOTHING CONTAINED WITHIN THIS SECTION SHALL BE CONSTRUED AS
IMPAIRING OR IN ANY MANNER AFFECTING THE RIGHT OR JURISDICTION OF THE
ATTORNEY GENERAL TO SEEK APPROPRIATE RELIEF PURSUANT TO HIS OR HER STAT-
UTORY OR COMMON LAW AUTHORITY.
11. MONEYS FOR ACTIONS TAKEN OR TO BE TAKEN BY THE DEPARTMENT, THE
DEPARTMENT OF HEALTH OR ANY OTHER STATE AGENCY PURSUANT TO THIS TITLE
SHALL BE PAYABLE DIRECTLY TO SUCH AGENCIES FROM THE DRINKING WATER
RESPONSE ACCOUNT PURSUANT TO SECTION NINETY-SEVEN-B OF THE STATE FINANCE
LAW.
12. A. EVERY PERSON SHALL, UPON THE WRITTEN REQUEST OF THE COMMISSION-
ER OR A DESIGNEE, PERMIT A DULY DESIGNATED OFFICER OR EMPLOYEE OF THE
DEPARTMENT AT ALL REASONABLE TIMES TO HAVE ACCESS TO AND TO COPY ALL
BOOKS, PAPERS, DOCUMENTS AND RECORDS PERTINENT TO AN ONGOING INVESTI-
GATION OF DRINKING WATER CONTAMINATION IDENTIFIED IN SECTION 27-1203 OF
THIS TITLE.
B. THE COMMISSIONER MAY SIGN AND ISSUE SUBPOENAS IN THE NAME OF THE
DEPARTMENT REQUIRING THE PRODUCTION OF BOOKS, PAPERS, DOCUMENTS AND
OTHER RECORDS AND MAY TAKE TESTIMONY BY DEPOSITIONS UNDER OATH OF ANY
PERSON RELATING TO THE ONGOING INVESTIGATION OF A DRINKING WATER CONTAM-
INATION IDENTIFIED IN THIS TITLE. SUCH SUBPOENAS AND DEPOSITIONS SHALL
BE REGULATED BY THE STATE OF NEW YORK'S CIVIL PRACTICE LAW AND RULES.
THE COMMISSIONER MAY INVOKE THE POWERS OF THE SUPREME COURT OF THE STATE
OF NEW YORK TO COMPEL COMPLIANCE WITH ANY SUCH SUBPOENA OR ANY REQUEST
TO TAKE SUCH DEPOSITIONS.
C. WHEN THE DEPARTMENT HAS SUBSTANTIAL EVIDENCE THAT SUCH DRINKING
WATER CONTAMINATION SITE IS CAUSING OR SUBSTANTIALLY CONTRIBUTING TO THE
S. 2007--B 122 A. 3007--B
CONTAMINATION OF DRINKING WATER, AND SUBJECT TO THE APPLICABLE NOTICE
PROVISIONS SET FORTH IN PARAGRAPH D OF THIS SUBDIVISION, ANY DULY DESIG-
NATED OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR OF ANY STATE AGENCY, AND
ANY AGENT, CONSULTANT, CONTRACTOR, OR OTHER PERSON, INCLUDING AN EMPLOY-
EE, AGENT, CONSULTANT, OR CONTRACTOR OF A RESPONSIBLE PERSON ACTING AT
THE DIRECTION OF THE DEPARTMENT, SO AUTHORIZED IN WRITING BY THE COMMIS-
SIONER, MAY ENTER ANY DRINKING WATER CONTAMINATION SITE AND AREAS NEAR
SUCH SITE AND INSPECT AND TAKE SAMPLES OF WASTES, SOIL, AIR, SURFACE
WATER, AND GROUNDWATER. IN ORDER TO TAKE SUCH SAMPLES, THE DEPARTMENT OR
AUTHORIZED PERSON MAY UTILIZE OR CAUSE TO BE UTILIZED SUCH SAMPLING
METHODS AS IT DETERMINES TO BE NECESSARY INCLUDING, BUT NOT LIMITED TO,
SOIL BORINGS AND MONITORING WELLS.
D. THE DEPARTMENT OR AUTHORIZED PERSON SHALL NOT TAKE ANY SAMPLES
INVOLVING THE SUBSTANTIAL DISTURBANCE OF THE GROUND SURFACE OF ANY PROP-
ERTY UNLESS IT HAS MADE A REASONABLE EFFORT TO IDENTIFY THE OWNER OF THE
PROPERTY AND TO NOTIFY SUCH OWNER OF THE INTENT TO TAKE SUCH SAMPLES. IF
THE OWNER CAN BE IDENTIFIED, THE DEPARTMENT SHALL PROVIDE SUCH OWNER
WITH A MINIMUM OF TEN DAYS' WRITTEN NOTICE OF THE INTENT, UNLESS SUCH
OWNERS AND OCCUPANTS CONSENT TO AN EARLIER DATE, TO TAKE SUCH SAMPLES,
UNLESS THE COMMISSIONER MAKES A WRITTEN DETERMINATION THAT SUCH TEN DAY
NOTICE WILL NOT ALLOW THE DEPARTMENT TO PROTECT THE ENVIRONMENT OR
PUBLIC HEALTH, IN WHICH CASE TWO DAYS' WRITTEN NOTICE SHALL BE SUFFI-
CIENT. ANY INSPECTION OF THE PROPERTY AND EACH SUCH TAKING OF SAMPLES
SHALL TAKE PLACE AT REASONABLE TIMES AND SHALL BE COMMENCED AND
COMPLETED WITH REASONABLE PROMPTNESS. IF ANY OFFICER, EMPLOYEE, AGENT,
CONSULTANT, CONTRACTOR, OR OTHER PERSON SO AUTHORIZED IN WRITING BY THE
COMMISSIONER OBTAINS ANY SAMPLES PRIOR TO LEAVING THE PREMISES, HE OR
SHE SHALL GIVE TO THE OWNER OR OPERATOR A RECEIPT DESCRIBING THE SAMPLE
OBTAINED AND, IF REQUESTED, A PORTION OF SUCH SAMPLE EQUAL IN VOLUME OR
WEIGHT TO THE PORTION RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES,
A COPY OF THE RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY TO
THE OWNER OR OPERATOR. UPON THE COMPLETION OF ALL SAMPLING ACTIVITIES,
THE DEPARTMENT OR AUTHORIZED PERSON SHALL REMOVE, OR CAUSE TO BE
REMOVED, ALL EQUIPMENT AND WELL MACHINERY AND RETURN THE GROUND SURFACE
OF THE PROPERTY TO ITS CONDITION PRIOR TO SUCH SAMPLING, UNLESS THE
DEPARTMENT OR AUTHORIZED PERSON, AND THE OWNER OF THE PROPERTY SHALL
OTHERWISE AGREE.
E. THE EXPENSE OF ANY SUCH MITIGATION BY THE DEPARTMENT OR THE DEPART-
MENT OF HEALTH SHALL BE PAID BY THE DRINKING WATER RESPONSE ACCOUNT, BUT
MAY BE RECOVERED FROM ANY RESPONSIBLE PERSON IN ANY ACTION OR PROCEEDING
BROUGHT PURSUANT TO THE STATE FINANCE LAW, THIS TITLE, OTHER STATE OR
FEDERAL STATUTE, OR COMMON LAW IF THE PERSON SO AUTHORIZED IN WRITING IS
AN EMPLOYEE, AGENT, CONSULTANT, OR CONTRACTOR OF A RESPONSIBLE PERSON
ACTING AT THE DIRECTION OF THE DEPARTMENT, THEN THE EXPENSE OF ANY SUCH
SAMPLING AND ANALYSIS SHALL BE PAID BY THE RESPONSIBLE PERSON.
F. ANY DULY DESIGNATED OFFICER OR EMPLOYEE OF THE DEPARTMENT OR ANY
OTHER STATE AGENCY, AND ANY AGENT, CONSULTANT, CONTRACTOR, OR OTHER
PERSON ACTING AT THE DIRECTION OF THE DEPARTMENT, AUTHORIZED IN WRITING
BY THE COMMISSIONER, MAY ENTER ANY DRINKING WATER CONTAMINATION SITE AND
AREAS NEAR SUCH SITE TO UNDERTAKE ALL REASONABLE AND NECESSARY MITI-
GATION AND REMEDIATION FOR SUCH SITE, PROVIDED: (A) THE COMMISSIONER HAS
SENT A WRITTEN NOTICE TO THE OWNERS OF RECORD OR ANY KNOWN OCCUPANTS OF
SUCH SITE OR NEARBY AREAS OF THE INTENDED ENTRY AND WORK AT LEAST TEN
DAYS PRIOR TO SUCH INITIAL ENTRY UNLESS SUCH OWNERS AND OCCUPANTS
CONSENT TO AN EARLIER DATE; AND (B) THE DEPARTMENT HAS SUBSTANTIAL
EVIDENCE THAT SUCH DRINKING WATER CONTAMINATION SITE IS CAUSING OR
S. 2007--B 123 A. 3007--B
SUBSTANTIALLY CONTRIBUTING TO THE CONTAMINATION OF DRINKING WATER. IN
THE EVENT THE COMMISSIONER OF HEALTH MAKES A WRITTEN DETERMINATION THAT
SUCH TEN DAY NOTICE WILL NOT BE SUFFICIENT TO PROTECT PUBLIC HEALTH, TWO
DAYS' WRITTEN NOTICE SHALL BE SUFFICIENT.
§ 27-1207. USE AND REPORTING OF THE SOLID WASTE MITIGATION ACCOUNT AND
THE DRINKING WATER RESPONSE ACCOUNT.
1. PURSUANT TO THE CLEAN WATER INFRASTRUCTURE ACT OF TWO THOUSAND
SEVENTEEN AND WITHIN THE UP TO ONE HUNDRED THIRTY MILLION DOLLARS APPRO-
PRIATED FOR SUCH PURPOSES, MITIGATION AND REMEDIATION EFFORTS TO ADDRESS
PUBLIC DRINKING WATER CONTAMINATION FROM EMERGING CONTAMINANTS AND SOLID
WASTE SITES CAUSING OR SUBSTANTIALLY CONTRIBUTING TO DRINKING WATER
IMPAIRMENT THAT IMPACTS PUBLIC HEALTH MAY BE CONDUCTED IN ACCORDANCE
WITH THIS TITLE.
2. THE SOLID WASTE MITIGATION ACCOUNT SHALL BE MADE AVAILABLE TO THE
DEPARTMENT AND THE DEPARTMENT OF HEALTH, AS APPLICABLE, FOR THE FOLLOW-
ING PURPOSES:
A. ENUMERATION AND ASSESSMENT OF SOLID WASTE SITES;
B. INVESTIGATION AND ENVIRONMENTAL CHARACTERIZATION OF SOLID WASTE
SITES, INCLUDING ENVIRONMENTAL SAMPLING;
C. MITIGATION AND REMEDIATION OF SOLID WASTE SITES;
D. MONITORING OF SOLID WASTE SITES; AND
E. ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS OF SECTION
27-1203 OF THIS TITLE.
3. THE DRINKING WATER RESPONSE ACCOUNT SHALL BE MADE AVAILABLE TO THE
DEPARTMENT AND THE DEPARTMENT OF HEALTH, AS APPLICABLE, FOR THE FOLLOW-
ING PURPOSES:
A. MITIGATION OF DRINKING WATER CONTAMINATION;
B. INVESTIGATION OF DRINKING WATER CONTAMINATION;
C. REMEDIATION OF DRINKING WATER CONTAMINATION; AND
D. ADMINISTRATION AND ENFORCEMENT OF THE REQUIREMENTS OF THIS TITLE
EXCEPT THE PROVISIONS OF SECTION 27-1203.
4. ON OR BEFORE JULY FIRST, TWO THOUSAND NINETEEN AND JULY FIRST OF
EACH SUCCEEDING YEAR, THE DEPARTMENT SHALL REPORT ON THE STATUS OF THE
PROGRAMS.
§ 27-1209. RULES AND REGULATIONS.
THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY AND
APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS TITLE AND SHALL AT A MINI-
MUM INCLUDE SUCH PROVISIONS FOR REQUISITE DUE PROCESS AND MEANINGFUL
PUBLIC PARTICIPATION AS ARE APPROPRIATE TO ANY ACTION UNDERTAKEN PURSU-
ANT TO THIS TITLE, TAKING INTO CONSIDERATION THE NATURE AND DEGREE OF
ANY PUBLIC HEALTH IMPACTS AND THE URGENCY OF ANY NEED FOR INVESTIGATION
OR REMEDIATION OF CONTAMINATION.
§ 27-1211. PROTECTION AGAINST LIABILITY AND LIABILITY EXEMPTIONS AND
DEFENSES.
IN ADDITION TO COMMON LAW DEFENSES, THE PROVISIONS OF SECTIONS 27-1321
AND 27-1323 OF THIS ARTICLE SHALL APPLY TO A SOLID WASTE SITE THAT IS
CAUSING OR SUBSTANTIALLY CONTRIBUTING TO CONTAMINATION OF PUBLIC DRINK-
ING WATER SUPPLIES OR A DRINKING WATER CONTAMINATION SITE PURSUANT TO
THIS TITLE AND SHALL APPLY TO EMERGING CONTAMINANTS IN THE SAME WAY
APPLICABLE TO HAZARDOUS MATERIALS AND HAZARDOUS WASTES.
§ 5. Subdivisions 1, 2 and 6 and paragraphs (i) and (j) of subdivision
3 of section 97-b of the state finance law, subdivision 1 as amended and
paragraph (j) of subdivision 3 as added by section 4 of part I of chap-
ter 1 of the laws of 2003, subdivision 2 as amended by section 5 of part
X of chapter 58 of the laws of 2015, paragraph (i) of subdivision 3 as
amended by section 1 of part R of chapter 59 of the laws of 2007, subdi-
S. 2007--B 124 A. 3007--B
vision 6 as amended by chapter 38 of the laws of 1985, are amended and
two new paragraphs (k) and (l) are added to subdivision 3 to read as
follows:
1. There is hereby established in the custody of the state comptroller
a nonlapsing revolving fund to be known as the "hazardous waste remedial
fund", which shall consist of a "site investigation and construction
account", an "industry fee transfer account", an "environmental restora-
tion project account", "hazardous waste cleanup account", [and] a
"hazardous waste remediation oversight and assistance account" , A
"SOLID WASTE MITIGATION ACCOUNT", AND A "DRINKING WATER RESPONSE
ACCOUNT".
2. Such fund shall consist of all of the following:
(a) moneys appropriated for transfer to the fund's site investigation
and construction account; (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation and construction account; (c) all moneys
collected or received by the department of taxation and finance pursuant
to section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; (d) all moneys paid into the
fund pursuant to section 72-0201 of the environmental conservation law
which shall be deposited in the fund's industry fee transfer account;
(e) all moneys paid into the fund pursuant to paragraph (b) of subdivi-
sion one of section one hundred eighty-six of the navigation law which
shall be deposited in the fund's industry fee transfer account; (f) all
[monies] MONEYS recovered under sections 56-0503, 56-0505 and 56-0507 of
the environmental conservation law into the fund's environmental resto-
ration project account; (g) all fees paid into the fund pursuant to
section 72-0402 of the environmental conservation law which shall be
deposited in the fund's industry fee transfer account; (h) payments
received for all state costs incurred in negotiating and overseeing the
implementation of brownfield site cleanup agreements pursuant to title
fourteen of article twenty-seven of the environmental conservation law
shall be deposited in the hazardous waste remediation oversight and
assistance account; (I) ALL MONEYS RECOVERED PURSUANT TO TITLE TWELVE OF
ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW INTO THE
FUND'S DRINKING WATER RESPONSE ACCOUNT; and [(i)] (J) other moneys cred-
ited or transferred thereto from any other fund or source for deposit in
the fund's site investigation and construction account.
(i) with respect to moneys in the hazardous waste remediation over-
sight and assistance account, non-bondable costs associated with hazard-
ous waste remediation projects. Such costs shall be limited to agency
staff costs associated with the administration of state assistance for
brownfield opportunity areas pursuant to section nine hundred seventy-r
of the general municipal law, agency staff costs associated with the
administration of technical assistance grants pursuant to titles thir-
teen and fourteen of article twenty-seven of the environmental conserva-
tion law, and costs of the department of environmental conservation
related to the geographic information system required by section 3-0315
of the environmental conservation law; [and]
(j) with respect to moneys in the hazardous waste remediation over-
sight and assistance account, technical assistance grants pursuant to
titles thirteen and fourteen of article twenty-seven of the environ-
mental conservation law[.];
(K) WITH RESPECT TO MONEYS IN THE SOLID WASTE MITIGATION ACCOUNT, WHEN
ALLOCATED, SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSER-
S. 2007--B 125 A. 3007--B
VATION TO UNDERTAKE MITIGATION AND REMEDIATION AS THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION MAY DETERMINE NECESSARY RELATED TO A SOLID
WASTE SITE PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVI-
RONMENTAL CONSERVATION LAW WHICH INDICATES THAT CONDITIONS ON SUCH PROP-
ERTY ARE IMPAIRING DRINKING WATER QUALITY AND TO ENSURE THE PROVISION OF
SAFE DRINKING WATER, PROVIDED HOWEVER, THAT NO MORE THAN FIVE MILLION
DOLLARS WILL BE AVAILABLE ANNUALLY FOR SUCH ACCOUNT; AND
(L) WITH RESPECT TO MONEYS IN THE DRINKING WATER RESPONSE ACCOUNT,
WHEN ALLOCATED, SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, AND TO THE DEPARTMENT OF HEALTH, TO UNDERTAKE MITIGATION
AND REMEDIATION AS THE DEPARTMENTS MAY DETERMINE NECESSARY RELATED TO A
DRINKING WATER CONTAMINATION SITE PURSUANT TO TITLE TWELVE OF ARTICLE
TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW WHICH INDICATES THAT
CONDITIONS ON SUCH PROPERTY ARE IMPAIRING DRINKING WATER QUALITY,
PROVIDED HOWEVER, THAT NO MORE THAN TWENTY MILLION DOLLARS WILL BE
AVAILABLE ANNUALLY FOR SUCH ACCOUNT.
6. The commissioner of the department of environmental conservation
shall make all reasonable efforts to recover the full amount of any
funds expended from the fund pursuant to paragraph (a) AND PARAGRAPH (L)
of subdivision three of this section through litigation or cooperative
agreements with responsible persons. Any and all moneys recovered or
reimbursed pursuant to this section through voluntary agreements or
court orders shall be deposited with the comptroller and credited to the
account of such fund from which such expenditures were made.
§ 6. 1. This section shall be known and be cited as the "New York
State water infrastructure improvement act of 2017".
2. For purposes of this act:
a. "water quality infrastructure project" shall mean "sewage treatment
works" as defined in section 17-1903 of the environmental conservation
law or "eligible project" as defined in paragraphs (a), (b), (c) and (e)
of subdivision 4 of section 1160 of the public health law.
b. "construction" shall mean:
(i) for sewage treatment works, the same as defined in section 17-1903
of the environmental conservation law; and
(ii) for eligible projects, the same meaning as defined in section
1160 of the public health law.
c. "municipality" shall mean any county, city, town, village, district
corporation, county or town improvement district, school district, Indi-
an nation or tribe recognized by the state or the United States with a
reservation wholly or partly within the boundaries of New York state,
any public benefit corporation or public authority established pursuant
to the laws of New York or any agency of New York state which is
empowered to construct and operate a water quality infrastructure
project, or any two or more of the foregoing which are acting jointly in
connection with a water quality infrastructure project.
3. a. The environmental facilities corporation shall undertake and
provide state financial assistance payments, from funds appropriated for
such purpose, to municipalities in support of water quality infrastruc-
ture projects provided, however, in any such year that funds are appro-
priated for such purpose, no municipality shall receive more than five
million dollars of appropriated funds. Such state financial assistance
payments shall be awarded only to water quality infrastructure projects
for:
(i) replacement or repair of infrastructure; or
(ii) compliance with environmental and public health laws and regu-
lations related to water quality.
S. 2007--B 126 A. 3007--B
b. Any state financial assistance payment awarded pursuant to this act
shall not exceed seventy-five percent of the project cost.
c. A municipality may make an application for such state financial
assistance payment, in a manner, form and timeframe and containing such
information as the environmental facilities corporation may require
provided however, such requirements shall not include a requirement for
prior listing on the intended use plan.
d. A municipality shall not be required to accept environmental facil-
ities corporation loan financing in order to obtain a state financial
assistance payment pursuant to this act if it can provide proof of
having obtained similarly low cost financing or other funding from
another source.
e. In awarding such financial assistance payments, the corporation
shall be prohibited from requiring as a condition of receipt, or other-
wise giving preference to, applicants who agree to participate in the
design, creation, or implementation of a municipal consolidation plan.
f. In awarding such state financial assistance payments, the environ-
mental facilities corporation shall consider and give preference to
municipalities that meet the hardship criteria established by the envi-
ronmental facilities corporation pursuant to section 1285-m of the
public authorities law and projects that result in the greatest water
quality improvement or greatest reduction in serious risk to public
health. For the purposes of this act, the hardship criteria of section
1285-m of the public authorities law shall also apply to sewage treat-
ment works as defined in section 17-1903 of the environmental conserva-
tion law.
g. Water quality infrastructure projects financed with state financial
assistance made available pursuant to this section shall be subject to
the requirements of article 8 of the labor law, the requirements of
article 17-B of the executive law and the requirements and provisions of
all applicable minority- and women-owned business mandates including,
but not limited to article 15-A of the executive law.
§ 7. The public authorities law is amended by adding a new section
1285-s to read as follows:
§ 1285-S. NEW YORK STATE INTERMUNICIPAL WATER INFRASTRUCTURE GRANTS
PROGRAM. 1. FOR PURPOSES OF THIS SECTION:
(A) "WATER QUALITY INFRASTRUCTURE PROJECT" SHALL MEAN "SEWAGE TREAT-
MENT WORKS" AS DEFINED IN SECTION 17-1903 OF THE ENVIRONMENTAL CONSERVA-
TION LAW OR "ELIGIBLE PROJECT" AS DEFINED IN PARAGRAPHS (A), (B), (C)
AND (E) OF SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED SIXTY OF THE
PUBLIC HEALTH LAW.
(B) "CONSTRUCTION" SHALL MEAN:
(I) FOR SEWAGE TREATMENT WORKS, THE SAME MEANING AS DEFINED IN SECTION
17-1903 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
(II) FOR ELIGIBLE PROJECTS, THE SAME MEANING AS DEFINED IN SECTION ONE
THOUSAND ONE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW.
(C) "MUNICIPALITY" SHALL MEAN ANY COUNTY, CITY, TOWN, VILLAGE,
DISTRICT CORPORATION, COUNTY OR TOWN IMPROVEMENT DISTRICT, SCHOOL
DISTRICT, INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE OR THE UNITED
STATES WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE BOUNDARIES OF NEW
YORK STATE, ANY PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY ESTAB-
LISHED PURSUANT TO THE LAWS OF NEW YORK OR ANY AGENCY OF NEW YORK STATE
WHICH IS EMPOWERED TO CONSTRUCT AND OPERATE AN INTERMUNICIPAL WATER
QUALITY INFRASTRUCTURE PROJECT, OR ANY TWO OR MORE OF THE FOREGOING
WHICH ARE ACTING JOINTLY IN CONNECTION WITH AN INTERMUNICIPAL WATER
QUALITY INFRASTRUCTURE PROJECT.
S. 2007--B 127 A. 3007--B
2. (A) THE ENVIRONMENTAL FACILITIES CORPORATION SHALL UNDERTAKE AND
PROVIDE STATE FINANCIAL ASSISTANCE PAYMENTS, FROM FUNDS APPROPRIATED FOR
SUCH PURPOSE, TO MUNICIPALITIES IN SUPPORT OF INTERMUNICIPAL WATER QUAL-
ITY INFRASTRUCTURE PROJECTS PROVIDED, HOWEVER, IN ANY SUCH YEAR THAT
FUNDS ARE APPROPRIATED FOR SUCH PURPOSE, EACH PROJECT SHALL RECEIVE AN
AWARD OF UP TO TEN MILLION DOLLARS OF APPROPRIATED FUNDS; PROVIDED THAT
SUCH MONIES SHALL NOT EXCEED SIXTY PERCENT OF THE TOTAL PROJECT COST;
AND PROVIDED FURTHER THAT THE TOTAL STATE FINANCIAL ASSISTANCE PAYMENT
FOR THE PROJECT DOES NOT REPRESENT A DISPROPORTIONATE SHARE OF THE TOTAL
AMOUNT OF AVAILABLE FUNDING IN ANY GIVEN YEAR.
(B) INTERMUNICIPAL WATER QUALITY INFRASTRUCTURE PROJECTS SHALL SERVE
MULTIPLE MUNICIPALITIES AND MAY INCLUDE A SHARED WATER QUALITY INFRAS-
TRUCTURE PROJECT OR INTERCONNECTION OF MULTIPLE MUNICIPAL WATER QUALITY
INFRASTRUCTURE PROJECTS AND SHALL BE AWARDED ONLY TO WATER QUALITY
INFRASTRUCTURE PROJECTS FOR:
(I) CONSTRUCTION, REPLACEMENT OR REPAIR OF INFRASTRUCTURE PROVIDED,
HOWEVER, THAT SUCH ASSISTANCE SHALL NOT BE AWARDED FOR CONSTRUCTION TO
EXCLUSIVELY SUPPORT RESIDENTIAL OR COMMERCIAL DEVELOPMENT; OR
(II) COMPLIANCE WITH ENVIRONMENTAL AND PUBLIC HEALTH LAWS AND REGU-
LATIONS RELATED TO WATER QUALITY.
(C) COOPERATING MUNICIPALITIES MAY MAKE AN APPLICATION FOR AN INTERMU-
NICIPAL WATER INFRASTRUCTURE GRANT, IN A MANNER, FORM AND TIMEFRAME AND
CONTAINING SUCH INFORMATION AS THE ENVIRONMENTAL FACILITIES CORPORATION
MAY REQUIRE PROVIDED HOWEVER, SUCH REQUIREMENTS SHALL NOT INCLUDE A
REQUIREMENT FOR PRIOR LISTING ON THE INTENDED USE PLAN.
(D) COOPERATING MUNICIPALITIES SHALL NOT BE REQUIRED TO ACCEPT ENVI-
RONMENTAL FACILITIES CORPORATION LOAN FINANCING IN ORDER TO OBTAIN A
STATE FINANCIAL ASSISTANCE PAYMENT PURSUANT TO THIS SECTION IF IT CAN
PROVIDE PROOF OF HAVING OBTAINED SIMILARLY LOW COST FINANCING OR OTHER
FUNDING FROM ANOTHER SOURCE.
(E) IN AWARDING FINANCIAL ASSISTANCE PAYMENTS, THE CORPORATION SHALL
BE PROHIBITED FROM REQUIRING AS A CONDITION OF RECEIPT, OR OTHERWISE
GIVING PREFERENCE TO, APPLICANTS WHO AGREE TO PARTICIPATE IN THE DESIGN,
CREATION, OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION PLAN.
3. INTERMUNICIPAL WATER QUALITY INFRASTRUCTURE PROJECTS FINANCED WITH
STATE FINANCIAL ASSISTANCE MADE AVAILABLE PURSUANT TO THIS SECTION SHALL
BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE LABOR LAW, THE
REQUIREMENTS OF ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW AND THE
REQUIREMENTS AND PROVISIONS OF ALL APPLICABLE MINORITY- AND WOMEN-OWNED
BUSINESS MANDATES INCLUDING, BUT NOT LIMITED TO ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW.
§ 8. The public authorities law is amended by adding a new section
1285-t to read as follows:
§ 1285-T. WATER INFRASTRUCTURE EMERGENCY FINANCIAL ASSISTANCE. 1. FOR
PURPOSES OF THIS SECTION, "MUNICIPALITY" MEANS ANY COUNTY, CITY, TOWN,
VILLAGE, DISTRICT CORPORATION, COUNTY OR TOWN IMPROVEMENT DISTRICT,
SCHOOL DISTRICT, INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE OR THE
UNITED STATES WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE BOUNDARIES
OF NEW YORK STATE, ANY PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHORITY
ESTABLISHED PURSUANT TO THE LAWS OF NEW YORK OR ANY AGENCY OF NEW YORK
STATE WHICH IS EMPOWERED TO CONSTRUCT AND OPERATE A WASTEWATER OR DRINK-
ING WATER INFRASTRUCTURE PROJECT, OR ANY TWO OR MORE OF THE FOREGOING
WHICH ARE ACTING JOINTLY IN CONNECTION WITH SUCH A PROJECT.
2. UPON A MUNICIPALITY'S FORMAL DECLARATION OF AN EMERGENCY, THE MUNI-
CIPALITY SHALL PROVIDE THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR
THE DEPARTMENT OF HEALTH, AS APPROPRIATE, WITH INFORMATION TO ASSESS ANY
S. 2007--B 128 A. 3007--B
SITUATION IN WHICH THE STATE OF THE MUNICIPALITY'S WASTEWATER OR WATER
INFRASTRUCTURE IS CAUSING OR MAY CAUSE AN IMMINENT HAZARD TO THE PUBLIC
HEALTH OR WELFARE, OR THE ENVIRONMENT. AFTER ITS ASSESSMENT, IF EITHER
DEPARTMENT DETERMINES THE STATE OF THE INFRASTRUCTURE IS RESULTING OR
MAY RESULT IN IMMINENT HAZARD TO THE PUBLIC HEALTH OR WELFARE, OR TO THE
ENVIRONMENT, THE CORPORATION SHALL PROVIDE TEMPORARY EMERGENCY ASSIST-
ANCE, WITHIN AMOUNTS APPROPRIATED, TO THE MUNICIPALITY IN AN AMOUNT NOT
TO EXCEED REASONABLE COSTS FOR INFRASTRUCTURE CONSTRUCTION, REPLACEMENT,
OR REPAIR, AND RELATED ENGINEERING COSTS, THAT IS IMMEDIATELY NECESSARY
TO ELIMINATE OR SUBSTANTIALLY REDUCE SUCH HAZARD.
3. THE CORPORATION AND THE MUNICIPALITY SHALL ENTER INTO AN AGREEMENT
SIGNED BY AN OFFICER DULY AUTHORIZED BY THE GOVERNING BODY OF THE MUNI-
CIPALITY PURSUANT TO WHICH THE CORPORATION SHALL TRANSMIT EMERGENCY
FINANCIAL ASSISTANCE IN AN AMOUNT DETERMINED BY THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION OR THE DEPARTMENT OF HEALTH, AS APPLICABLE, AS
NECESSARY TO ADDRESS THE IMMINENT HAZARD, AND SHALL PROVIDE THE ASSIST-
ANCE PAYMENT TO THE MUNICIPALITY WITHIN TWO BUSINESS DAYS OF RECEIPT OF
SUCH DETERMINATION. THE MUNICIPALITY SHALL SUBMIT AN ITEMIZED COST ESTI-
MATE FROM THE MUNICIPALITY'S ENGINEER OR ENGINEERING CONSULTANT TO THE
APPLICABLE DEPARTMENT SUFFICIENT TO MAKE SUCH DETERMINATION.
4. NO LATER THAN FOURTEEN DAYS AFTER THE CESSATION OF THE EMERGENCY,
THE MUNICIPALITY SHALL PROVIDE TO THE CORPORATION DOCUMENTATION FOR ALL
COSTS PAID WITH THE EMERGENCY ASSISTANCE AND REFUND TO THE CORPORATION
ANY PORTION OF THE FINANCIAL ASSISTANCE NOT USED OR COMMITTED TO PAY FOR
THE CONSTRUCTION, REPLACEMENT, OR REPAIR AND RELATED ENGINEERING COSTS
DETERMINED TO BE NECESSARY UNDER SUBDIVISION ONE OF THIS SECTION.
5. SUBJECT TO APPROPRIATION OR DULY AUTHORIZED INDEBTEDNESS, THE MUNI-
CIPALITY SHALL REPAY THE CORPORATION WITHIN ONE YEAR OF ITS RECEIPT OF
EMERGENCY FINANCIAL ASSISTANCE THE FULL AMOUNT OF SUCH ASSISTANCE
PROVIDED TO IT UNDER THIS SECTION. THE CORPORATION MAY EXTEND THE TIME
TO REPAY FOR UP TO ONE ADDITIONAL YEAR IF THE CORPORATION DETERMINES IN
ITS SOLE DISCRETION THAT SUCH AN EXTENSION IS WARRANTED UNDER THE
CIRCUMSTANCES.
6. NOTHING IN THIS SECTION NULLIFIES THE ELIGIBILITY OF A MUNICIPALITY
FOR OTHER INFRASTRUCTURE FUNDING, INCLUDING GRANT, WHICH MAY BE PROVIDED
BY THE STATE FOR WATER INFRASTRUCTURE DIRECTLY RELATED TO THE INFRAS-
TRUCTURE FOR WHICH EMERGENCY FINANCIAL ASSISTANCE IS AWARDED UNDER THIS
SECTION, INCLUDING FUNDING THE MUNICIPALITY COULD USE TO REPAY THE EMER-
GENCY FINANCIAL ASSISTANCE. IF THE MUNICIPALITY RECEIVES SUCH OTHER
FUNDING FROM THE STATE OR ANY FINANCIAL ASSISTANCE FROM A THIRD PARTY
FOR THE SAME INFRASTRUCTURE, THE MUNICIPALITY SHALL WITHIN TEN DAYS
FIRST REPAY THE CORPORATION THE OUTSTANDING BALANCE OF THE EMERGENCY
FINANCIAL ASSISTANCE BEFORE PAYING ANY REMAINING COSTS FOR THE WATER
INFRASTRUCTURE.
§ 9. The public authorities law is amended by adding a new section
1285-u to read as follows:
§ 1285-U. SEPTIC SYSTEM REPLACEMENT FUND. 1. DEFINITIONS. FOR
PURPOSES OF THIS SECTION:
(A) "CESSPOOL" MEANS A DRYWELL THAT RECEIVES UNTREATED SANITARY WASTE
CONTAINING HUMAN EXCRETA, WHICH SOMETIMES HAS AN OPEN BOTTOM AND/OR
PERFORATED SIDES.
(B) "FUND" MEANS THE STATE SEPTIC SYSTEM REPLACEMENT FUND CREATED BY
THIS SECTION.
(C) "PARTICIPATING COUNTY" MEANS A COUNTY THAT NOTIFIES THE CORPO-
RATION THAT IT SEEKS AUTHORITY TO ADMINISTER A SEPTIC SYSTEM REPLACEMENT
PROGRAM WITHIN ITS MUNICIPAL BOUNDARIES AND AGREES TO ABIDE BY THE
S. 2007--B 129 A. 3007--B
PROGRAM'S GOALS, GUIDELINES, ELIGIBILITY REQUIREMENTS AND REIMBURSEMENT
PROCEDURES AND PROVIDE INFORMATION TO PROPERTY OWNERS REGARDING PROGRAM
PARAMETERS INCLUDING ELIGIBILITY CRITERIA.
(D) "SEPTIC SYSTEM" MEANS A SYSTEM THAT PROVIDES FOR THE TREATMENT
AND/OR DISPOSITION OF THE COMBINATION OF HUMAN AND SANITARY WASTE WITH
WATER NOT EXCEEDING ONE THOUSAND GALLONS PER DAY, SERVING A SINGLE
PARCEL OF LAND, INCLUDING RESIDENCES AND SMALL BUSINESSES.
(E) "SEPTIC SYSTEM PROJECT" MEANS THE REPLACEMENT OF A CESSPOOL WITH A
SEPTIC SYSTEM, THE INSTALLATION, REPLACEMENT OR UPGRADE OF A SEPTIC
SYSTEM OR SEPTIC SYSTEM COMPONENTS, OR INSTALLATION OF ENHANCED TREAT-
MENT TECHNOLOGIES, INCLUDING AN ADVANCED NITROGEN REMOVAL SYSTEM, TO
SIGNIFICANTLY AND QUANTIFIABLY REDUCE ENVIRONMENTAL AND/OR PUBLIC HEALTH
IMPACTS ASSOCIATED WITH EFFLUENT FROM A CESSPOOL OR SEPTIC SYSTEM TO
GROUNDWATER USED AS DRINKING WATER, OR A THREATENED OR AN IMPAIRED
WATERBODY.
(F) "SMALL BUSINESS" MEANS ANY BUSINESS WHICH IS RESIDENT IN THIS
STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND
EMPLOYING NOT MORE THAN ONE HUNDRED INDIVIDUALS.
2. (A) THERE IS HEREBY CREATED THE STATE SEPTIC SYSTEM REPLACEMENT
FUND, WHICH SHALL BE ADMINISTERED BY THE CORPORATION TO REIMBURSE PROP-
ERTY OWNERS FOR UP TO FIFTY PERCENT OF THE ELIGIBLE COSTS INCURRED FOR
ELIGIBLE SEPTIC SYSTEM PROJECTS, PROVIDED THAT NO PROPERTY OWNER SHALL
BE REIMBURSED MORE THAN TEN THOUSAND DOLLARS.
(B) ELIGIBLE COSTS INCLUDE DESIGN AND INSTALLATION COSTS, AND COSTS OF
THE SYSTEM, SYSTEM COMPONENTS, OR ENHANCED TREATMENT TECHNOLOGIES, BUT
SHALL NOT INCLUDE COSTS ASSOCIATED WITH ROUTINE MAINTENANCE SUCH AS A
PUMP OUT OF A SEPTIC TANK.
(C) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH
THE DEPARTMENT OF HEALTH AND PARTICIPATING COUNTIES, SHALL FROM THE LIST
OF PARTICIPATING COUNTIES ESTABLISH PRIORITY GEOGRAPHIC AREAS AND, IN
THE ABSENCE OF COUNTY INFORMATION, IDENTIFY ELIGIBLE SEPTIC SYSTEM
PROJECTS, BASED ON AN AREA'S VULNERABILITY TO CONTAMINATION, INCLUDING
THE PRESENCE OF A SOLE SOURCE AQUIFER, OR KNOWN WATER QUALITY IMPAIR-
MENT, POPULATION DENSITY, SOILS, HYDROGEOLOGY, CLIMATE, AND REASONABLE
ABILITY FOR SEPTIC SYSTEM PROJECTS TO MITIGATE WATER QUALITY IMPACTS.
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MAY DELEGATE TO A PARTIC-
IPATING COUNTY THE IDENTIFICATION OF PRIORITY GEOGRAPHIC AREAS. THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH PARTIC-
IPATING COUNTIES IN WHICH PRIORITY AREAS HAVE BEEN IDENTIFIED, SHALL
DETERMINE THE AMOUNT OF MONEY FROM THE FUND TO BE PROVIDED TO EACH
PARTICIPATING COUNTY BASED ON DENSITY, DEMAND FOR REIMBURSEMENT FROM THE
FUND AND THE CRITERIA USED TO ESTABLISH THE PRIORITY GEOGRAPHIC AREAS.
THE CORPORATION SHALL PUBLISH INFORMATION, APPLICATION FORMS, PROCEDURES
AND GUIDELINES RELATING TO THE PROGRAM ON ITS WEBSITE AND IN A MANNER
THAT IS ACCESSIBLE TO THE PUBLIC.
(D) THE CORPORATION SHALL PROVIDE STATE FINANCIAL ASSISTANCE PAYMENTS
FROM THE FUND, FROM MONEYS APPROPRIATED BY THE LEGISLATURE AND AVAILABLE
FOR THAT PURPOSE, TO PARTICIPATING COUNTIES TO ADMINISTER A SEPTIC
SYSTEM REPLACEMENT PROGRAM TO SUPPORT SEPTIC SYSTEM PROJECTS WITHIN
THEIR MUNICIPAL BOUNDARIES UNDERTAKEN BY PROPERTY OWNERS WITHIN THEIR
MUNICIPAL BOUNDARIES. WHERE SUCH PROJECT IS LOCATED IN A PRIORITY
GEOGRAPHIC AREA IDENTIFIED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION AS THREATENED OR IMPAIRED BY NITROGEN, INCLUDING GROUNDWATER USED
AS DRINKING WATER, SUCH SEPTIC SYSTEM PROJECT MUST REDUCE NITROGEN
LEVELS BY AT LEAST THIRTY PERCENT.
S. 2007--B 130 A. 3007--B
(E) THE CORPORATION SHALL MAKE PAYMENTS MONTHLY TO A PARTICIPATING
COUNTY UPON THE RECEIPT BY THE CORPORATION OF A CERTIFICATION FROM THE
PARTICIPATING COUNTY OF THE TOTAL COSTS INCURRED BY PROPERTY OWNERS
WITHIN ITS MUNICIPAL BOUNDARIES FOR SEPTIC SYSTEM PROJECTS WITHIN ITS
MUNICIPAL BOUNDARIES THAT ARE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND.
3. (A) A PARTICIPATING COUNTY SHALL NOTIFY PROPERTY OWNERS WHO MAY BE
ELIGIBLE TO PARTICIPATE IN THE PROGRAM. DETERMINATIONS OF ELIGIBILITY
WILL BE MADE BY THE PARTICIPATING COUNTY BASED ON THE PUBLISHED PROGRAM
CRITERIA AND CONSIDERATION OF A PROPERTY'S LOCATION IN RELATION TO A
WATERBODY, IMPACTS TO GROUNDWATER USED AS DRINKING WATER, AND THE CONDI-
TION OF THE PROPERTY OWNER'S CURRENT SEPTIC SYSTEM AS DETERMINED BY:
(I) THE COUNTY HEALTH DEPARTMENT OFFICIAL; OR
(II) OTHER DESIGNATED AUTHORITY HAVING JURISDICTION, PURSUANT TO
SEPTIC INSPECTIONS REQUIRED BY A MUNICIPAL SEPARATE STORM SEWER SYSTEM
PERMIT; OR
(III) A SEPTIC CONTRACTOR PURSUANT TO THE APPLICABLE COUNTY SANITARY
CODE.
(B) AN OWNER OF PROPERTY SERVED BY A SEPTIC SYSTEM OR CESSPOOL MAY
APPLY TO A PARTICIPATING COUNTY ON AN APPLICATION SUBSTANTIALLY IN THE
FORM PROVIDED BY THE CORPORATION.
(C) PROPERTY OWNERS IN PARTICIPATING COUNTIES MUST HAVE SIGNED A PROP-
ERTY OWNER PARTICIPATION AGREEMENT WITH THE COUNTY BEFORE THE START OF
THE DESIGN PHASE TO BE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND. THE
AGREEMENT MUST BE SUBSTANTIALLY IN THE FORM PROVIDED BY THE CORPORATION
AND INCLUDE, WITHOUT LIMITATION, THE PROGRAM'S GOALS, GUIDELINES, ELIGI-
BILITY REQUIREMENTS AND REIMBURSEMENT PROCEDURES.
(D) A PROPERTY OWNER MAY APPLY FOR REIMBURSEMENT OF ELIGIBLE COSTS BY
SUBMITTING TO THE PARTICIPATING COUNTY A REIMBURSEMENT APPLICATION,
WHICH MUST INCLUDE AT LEAST:
(I) A SIGNED PROPERTY OWNER PARTICIPATION AGREEMENT;
(II) A COMPLETED REIMBURSEMENT APPLICATION FORM SUBSTANTIALLY IN THE
FORM PROVIDED BY THE CORPORATION;
(III) ANY APPLICABLE DESIGN APPROVAL FOR THE SEPTIC SYSTEM PROJECT;
(IV) DESCRIPTION OF ALL WORK COMPLETED; AND
(V) COST DOCUMENTATION AND INVOICE OR INVOICES FOR ELIGIBLE COSTS.
(E) PARTICIPATING COUNTIES WILL BE RESPONSIBLE FOR REVIEWING THEIR
PROPERTY OWNERS' APPLICATIONS AND APPROVING, MODIFYING OR DENYING THE
REIMBURSEMENT REQUESTS AS APPROPRIATE AND ISSUING REIMBURSEMENT PAYMENTS
TO PROPERTY OWNERS FROM FINANCIAL ASSISTANCE PAYMENTS MADE TO THE COUNTY
FROM THE FUND.
(F) PARTICIPATION IN THIS PROGRAM AND THE RECEIPT OF PAYMENTS SHALL
NOT PREVENT PARTICIPATING COUNTIES FROM PROVIDING ADDITIONAL REIMBURSE-
MENT TO PROPERTY OWNERS.
(G) SUBJECT TO THE LIMITATIONS OF PARAGRAPH (D) OF THIS SUBDIVISION,
THE COUNTY MAY SET GRADUATED INCENTIVE REIMBURSEMENT RATES FOR SEPTIC
SYSTEM PROJECTS TO MAXIMIZE POLLUTION REDUCTION OUTCOMES.
4. ON OR BEFORE MARCH FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THER-
EAFTER, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT REGARD-
ING THE PROGRAM. SUCH REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
THE NUMBER AND AMOUNT OF GRANTS PROVIDED, THE NUMBER AND AMOUNT OF ANY
GRANTS DENIED, GEOGRAPHIC DISTRIBUTION OF SUCH PROJECTS AND ANY OTHER
INFORMATION THE CORPORATION DETERMINES USEFUL IN EVALUATING THE BENEFITS
OF THE PROGRAM.
S. 2007--B 131 A. 3007--B
§ 10. Subdivision 4 of section 11-b of the soil and water conservation
districts law, as amended by chapter 538 of the laws of 1996, is amended
to read as follows:
4. Eligible costs that may be funded pursuant to this section are
architectural and engineering services, plans and specifications,
including watershed based or individual agricultural nonpoint source
pollution assessments, consultant and legal services, CONSERVATION EASE-
MENTS AND ASSOCIATED TRANSACTION COSTS SPECIFIC TO TITLE THIRTY-THREE OF
ARTICLE FIFTEEN OF THE ENVIRONMENTAL CONSERVATION LAW and other direct
expenses related to project implementation.
§ 11. Report on integrated database of infrastructure projects. The
environmental facilities corporation shall, in cooperation with the
departments of health and environmental conservation, study and prepare
a report to the legislature by January 30, 2018, on the feasibility of
establishing, an integrated database or platform incorporating past,
present, and ongoing infrastructure projects that have been applied for,
as well as those which have been funded through grant and loan programs
administered by the department of environmental conservation, the
department of health, and the environmental facilities corporation
relating to water quality infrastructure for the purpose of informing
ongoing and future policy and funding initiatives.
§ 12. Subdivision 1 of section 3-0315 of the environmental conserva-
tion law, as added by section 1 of part C of chapter 1 of the laws of
2003, is amended to read as follows:
1. The department IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH shall
create [or modify an existing] AND MAINTAIN A geographic information
system, [and maintain such system] AND ASSOCIATED DATA STORAGE AND
ANALYTICAL SYSTEMS for purposes OF COLLECTING, STREAMLINING, AND VISUAL-
IZING INTEGRATED DATA, PERMITS, AND RELEVANT SITES ABOUT DRINKING WATER
QUALITY including, but not limited to, incorporating [information from
remedial programs under its jurisdiction, and] SUPPLY WELL AND MONITOR-
ING WELL DATA, EMERGING CONTAMINANT DATA, WATER QUALITY MONITORING DATA,
PERTINENT DATA FROM REMEDIATION AND LANDFILL SITES, PERMITTED DISCHARGE
LOCATIONS AND OTHER POTENTIAL CONTAMINATION RISKS TO WATER SUPPLIES.
SUCH SYSTEM shall also incorporate information from the source water
assessment program collected by the department of health, data from
annual water supply statements prepared pursuant to section eleven
hundred fifty-one of the public health law, information from the data-
base pursuant to title fourteen of article twenty-seven of this chapter,
and any other existing data regarding soil and groundwater contamination
currently gathered by the department, as well as data on contamination
that is readily available from the United States geological survey and
other sources determined appropriate by the department. IN ADDITION TO
FACILITATING INTERAGENCY COORDINATION AND PREDICTIVE ANALYSIS TO PROTECT
WATER QUALITY, SUCH SYSTEM SHALL PROVIDE STATE AGENCY INFORMATION TO THE
PUBLIC THROUGH A WEBSITE, WITHIN REASONABLE LIMITATIONS TO ENSURE CONFI-
DENTIALITY AND SECURITY.
§ 13. If any clause, sentence, paragraph, 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 ther-
eof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 14. This act shall take effect immediately; provided, however, that
emergency financial assistance will not be available under section
1285-t of the public authorities law established pursuant to section
S. 2007--B 132 A. 3007--B
eight of this act until one hundred twenty days after this act shall
take effect; and provided further that the provisions of section nine of
this act shall take effect on the one hundred eightieth day after it
shall become a law.
§ 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through T of this act shall be
as specifically set forth in the last section of such Parts.