EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12671-05-8
S. 7507--C 2 A. 9507--C
social services law and the public health law, in relation to drug
coverage, updating the professional dispensing fee and copayments; and
in relation to the Medicaid drug cap (Part D); intentionally omitted
(Part E); intentionally omitted (Part F); intentionally omitted (Part
G); intentionally omitted (Part H); intentionally omitted (Part I); to
amend the state finance law, in relation to the false claims act (Part
J); to amend the public health law and the social services law in
relation to home care services and direct care costs; and to amend
chapter 59 of the laws of 2011 amending the public health law and
other laws relating to known and projected department of health state
fund medicaid expenditures, in relation to extending the medicaid
global cap (Part K); intentionally omitted (Part L); 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 apportioning 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 malpractice and professional medical conduct, relating to
the effectiveness of certain provisions of such chapter, in relation
to extending certain provisions concerning the hospital excess liabil-
ity pool; and to amend part H of chapter 57 of the laws of 2017,
amending the New York Health Care Reform Act of 1996 and other laws
relating to extending certain provisions relating thereto, in relation
to extending provisions relating to excess coverage (Part M); to amend
part C of chapter 57 of the laws of 2006, establishing a cost of
living adjustment for designated human services, in relation to the
determination thereof; and to repeal certain provisions thereof relat-
ing to eligible programs (Part N); intentionally omitted (Part O);
intentionally omitted (Part P); to amend the public health law, in
relation to the health care facility transformation program (Part Q);
intentionally omitted (Part R); intentionally omitted (Subpart A); to
amend the public health law and the mental hygiene law, in relation to
integrated services (Subpart B); and to amend the public health law,
in relation to the definitions of telehealth, and to amend the social
services law, in relation to payment for telehealh services and remote
patient monitoring and to repeal certain provisions of the public
health law relating thereto (Subpart C)(Part S); to amend chapter 59
of the laws of 2016, amending the social services law and other laws
relating to authorizing the commissioner of health to apply federally
established consumer price index penalties for generic drugs, and
authorizing the commissioner of health to impose penalties on managed
care plans for reporting late or incorrect encounter data, in relation
to the effectiveness of certain provisions of such chapter; to amend
chapter 58 of the laws of 2007, amending the social services law and
other laws relating to adjustments of rates, in relation to the effec-
tiveness of certain provisions of such chapter; to amend chapter 54 of
the laws of 2016, amending part C of chapter 58 of the laws of 2005
relating to authorizing reimbursements for expenditures made by or on
behalf of social services districts for medical assistance for needy
persons and administration thereof, in relation to the effectiveness
thereof; to amend chapter 906 of the laws of 1984, amending the social
services law relating to expanding medical assistance eligibility and
the scope of services available to certain persons with disabilities,
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
S. 7507--C 3 A. 9507--C
reimbursement for annual rates relating to the cap on local Medicaid
expenditures, in relation to rates of payments; to amend the social
services law, in relation to agreements with pharmaceutical manufac-
turers; to amend part B of chapter 57 of the laws of 2015, amending
the social services law and other laws relating to supplemental
rebates, in relation to the effectiveness thereof; and to amend the
public health law, in relation to participation and membership in a
demonstration period (Part T); to amend part NN of chapter 58 of the
laws of 2015, amending the mental hygiene law relating to clarifying
the authority of the commissioners in the department of mental hygiene
to design and implement time-limited demonstration programs, in
relation to the effectiveness thereof (Part U); to amend chapter 62 of
the laws of 2003, amending the mental hygiene law and the state
finance law relating to the community mental health support and work-
force reinvestment program, the membership of subcommittees for mental
health of community services boards and the duties of such subcommit-
tees and creating the community mental health and workforce reinvest-
ment account, in relation to extending such provisions relating there-
to (Part V); intentionally omitted (Part W); to amend chapter 111 of
the laws of 2010, amending the mental hygiene law relating to the
receipt of federal and state benefits received by individuals receiv-
ing care in facilities operated by an office of the department of
mental hygiene, in relation to the effectiveness thereof (Part X); to
amend the education law, in relation to persons practicing in certain
licensed programs or services who are exempt from practice require-
ments of professionals licensed by the department of education; to
amend chapter 420 of the laws of 2002, amending the education law
relating to the profession of social work, in relation to extending
the expiration of certain provisions thereof; to amend chapter 676 of
the laws of 2002, amending the education law relating to the practice
of psychology, in relation to extending the expiration of certain
provisions; and to amend chapter 130 of the laws of 2010, amending the
education law and other laws relating to the registration of entities
providing certain professional services and licensure of certain
professions, in relation to extending certain provisions thereof (Part
Y); to amend the social services law, in relation to adding demon-
stration waivers to waivers allowable for home and community-based
services; to amend the social services law, in relation to adding
successor federal waivers to waivers granted under subsection (c) of
section 1915 of the federal social security law, in relation to nurs-
ing facility services; to amend the social services law, in relation
to waivers for high quality and integrated care; to amend the mental
hygiene law, in relation to adding new and successor federal waivers
to waivers in relation to home and community-based services; to amend
part A of chapter 56 of the laws of 2013, 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 2013-2014 state fiscal year, in relation to the effectiveness of
certain provisions thereof; to amend the public health law, in
relation to expansion of comprehensive health services plans; to amend
chapter 659 of the laws of 1997, amending the public health law and
other laws relating to creation of continuing care retirement communi-
ties, in relation to extending provisions thereof; to amend the public
health law, in relation to managed long term care plans, health and
long term care services and developmental disability individual
support and care coordination organizations; to amend chapter 165 of
S. 7507--C 4 A. 9507--C
the laws of 1991, amending the public health law and other laws relat-
ing to establishing payments for medical assistance, in relation to
extending the provisions thereof; to amend the mental hygiene law, in
relation to reimbursement rates; and to amend chapter 710 of the laws
of 1988, amending the social services law and the education law relat-
ing to medical assistance eligibility of certain persons and providing
for managed medical care demonstration programs, in relation to
extending the provisions thereof (Part Z); to amend part C of chapter
57 of the laws of 2006, relating to establishing a cost of living
adjustment for designated human services programs, in relation to the
inclusion and development of certain cost of living adjustments (Part
AA); to amend the public health law, in relation to expanding the list
of controlled substances (Part BB); to amend the public health law, in
relation to inquiries or complaints of professional misconduct (Part
CC); to amend the education law, in relation to authorizing a licensed
pharmacist to administer influenza vaccine to children between two and
eighteen years of age pursuant to a non-patient specific regimen; to
amend the public health law, in relation to reporting requirements for
vaccines administered by pharmacists to individuals less than nineteen
years of age; to amend chapter 563 of the laws of 2008, amending the
education law and the public health law relating to immunizing agents
to be administered to adults by pharmacists, in relation to making the
provisions permanent; to amend chapter 116 of the laws of 2012, amend-
ing the education law relating to authorizing a licensed pharmacist
and certified nurse practitioner to administer certain immunizing
agents, in relation to making certain provisions permanent; and to
amend chapter 21 of the laws of 2011, amending the education law
relating to authorizing pharmacists to perform collaborative drug
therapy management with physicians in certain settings, in relation to
making certain provisions permanent (Part DD); to amend the social
services law, in relation to insurance payments for independent prac-
titioner services for individuals with developmental disabilities
(Part EE); to amend the mental hygiene law, in relation to establish-
ing the office of the independent substance use disorder and mental
health ombudsman (Part FF); to amend the mental hygiene law, in
relation to a certified peer recovery advocate services program (Part
GG); to amend the public health law, the executive law and the insur-
ance law, in relation to sexual assault forensic exams; and to repeal
certain provisions of the public health law relating thereto (Part
HH); to amend the mental hygiene law, in relation to state-operated
individualized residential alternatives; and to amend part Q of chap-
ter 59 of the laws of 2016, amending the mental hygiene law relating
to the closure or transfer of a state-operated individualized residen-
tial alternative, in relation to the effectiveness thereof (Part II);
to amend the mental hygiene law, the public health law and the execu-
tive law, in relation to establishing a training program for first
responders for handling emergency situations involving individuals
with autism spectrum disorder and other developmental disabilities
(Part JJ); to amend the state finance law, in relation to requiring
bids submitted to the state or any agency or department of the state
to contain a certification concerning sexual harassment (Subpart A);
to amend the civil practice law and rules, in relation to prohibiting
mandatory arbitration clauses (Subpart B); to amend the public offi-
cers law, in relation to reimbursement of funds paid by state agen-
cies, state entities and public entities for the payment of awards
adjudicated in sexual harassment claims (Subpart C); to amend the
S. 7507--C 5 A. 9507--C
general obligations law and the civil practice law and rules, in
relation to nondisclosure agreements (Subpart D); to amend the labor
law, in relation to the establishment of a model policy regarding the
prevention of sexual harassment and a model training program to
prevent sexual harassment in the workplace (Subpart E); and to amend
the executive law, in relation to sexual harassment relating to non-
employees (Subpart F) (Part KK); to amend the public health law, in
relation to authorizing a voluntary public water system consolidation
study (Part LL); to amend the public health law, in relation to phar-
macy audits by pharmacy benefit managers; to amend the public health
law, in relation to contracts between pharmacy benefit managers and
pharmacies; to amend the insurance law, in relation to outpatient
treatment; to amend the public health law, in relation to establishing
the children and recovering mothers program and a workgroup to study
and evaluate barriers and challenges in identifying and treating
expectant mothers, newborns and new parents with a substance use
disorder; to amend the public health law, in relation to screening
students for lead when enrolling in child care, pre-school or kinder-
garten; to amend the public health law, in relation to the lead
service line replacement grant program; to direct the New York state
department of health to conduct a study of the high burden of asthma
in the boroughs of Brooklyn and Manhattan in the city of New York; and
to amend the insurance law, in relation to providing coverage for
pasteurized donor human milk (PDHM) (Part MM); and to amend the public
health law and the state finance law, in relation to enacting the
opioid stewardship act; and providing for the repeal of such
provisions upon expiration thereof (Part NN)
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 2018-2019
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through NN. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Intentionally omitted.
§ 2. Subdivision 5-d of section 2807-k of the public health law, as
amended by section 1 of part E of chapter 57 of the laws of 2015, is
amended to read as follows:
5-d. (a) Notwithstanding any inconsistent provision of this section,
section twenty-eight hundred seven-w of this article or any other
contrary provision of law, and subject to the availability of federal
financial participation, for periods on and after January first, two
thousand thirteen, through [December] MARCH thirty-first, two thousand
[eighteen] TWENTY, all funds available for distribution pursuant to this
S. 7507--C 6 A. 9507--C
section, except for funds distributed pursuant to subparagraph (v) of
paragraph (b) of subdivision five-b of this section, and all funds
available for distribution pursuant to section twenty-eight hundred
seven-w of this article, shall be reserved and set aside and distributed
in accordance with the provisions of this subdivision.
(b) The commissioner shall promulgate regulations, and may promulgate
emergency regulations, establishing methodologies for the distribution
of funds as described in paragraph (a) of this subdivision and such
regulations shall include, but not be limited to, the following:
(i) Such regulations shall establish methodologies for determining
each facility's relative uncompensated care need amount based on unin-
sured inpatient and outpatient units of service from the cost reporting
year two years prior to the distribution year, multiplied by the appli-
cable medicaid rates in effect January first of the distribution year,
as summed and adjusted by a statewide cost adjustment factor and reduced
by the sum of all payment amounts collected from such uninsured
patients, and as further adjusted by application of a nominal need
computation that shall take into account each facility's medicaid inpa-
tient share.
(ii) Annual distributions pursuant to such regulations for the two
thousand thirteen through two thousand [eighteen] NINETEEN calendar
years shall be in accord with the following:
(A) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals; and
(B) nine hundred ninety-four million nine hundred thousand dollars as
Medicaid DSH payments to eligible general hospitals, other than major
public general hospitals.
(iii)(A) Such regulations shall establish transition adjustments to
the distributions made pursuant to clauses (A) and (B) of subparagraph
(ii) of this paragraph such that no facility experiences a reduction in
indigent care pool payments pursuant to this subdivision that is greater
than the percentages, as specified in clause (C) of this subparagraph as
compared to the average distribution that each such facility received
for the three calendar years prior to two thousand thirteen pursuant to
this section and section twenty-eight hundred seven-w of this article.
(B) Such regulations shall also establish adjustments limiting the
increases in indigent care pool payments experienced by facilities
pursuant to this subdivision by an amount that will be, as determined by
the commissioner and in conjunction with such other funding as may be
available for this purpose, sufficient to ensure full funding for the
transition adjustment payments authorized by clause (A) of this subpara-
graph.
(C) No facility shall experience a reduction in indigent care pool
payments pursuant to this subdivision that: for the calendar year begin-
ning January first, two thousand thirteen, is greater than two and one-
half percent; for the calendar year beginning January first, two thou-
sand fourteen, is greater than five percent; and, for the calendar year
beginning on January first, two thousand fifteen[,]; is greater than
seven and one-half percent, and for the calendar year beginning on Janu-
ary first, two thousand sixteen, is greater than ten percent; and for
the calendar year beginning on January first, two thousand seventeen, is
greater than twelve and one-half percent; and for the calendar year
beginning on January first, two thousand eighteen, is greater than
fifteen percent; AND FOR THE CALENDAR YEAR BEGINNING ON JANUARY FIRST,
TWO THOUSAND NINETEEN, IS GREATER THAN SEVENTEEN AND ONE-HALF PERCENT.
S. 7507--C 7 A. 9507--C
(iv) Such regulations shall reserve one percent of the funds available
for distribution in the two thousand fourteen and two thousand fifteen
calendar years, and for calendar years thereafter, pursuant to this
subdivision, subdivision fourteen-f of section twenty-eight hundred
seven-c of this article, and sections two hundred eleven and two hundred
twelve of chapter four hundred seventy-four of the laws of nineteen
hundred ninety-six, in a "financial assistance compliance pool" and
shall establish methodologies for the distribution of such pool funds to
facilities based on their level of compliance, as determined by the
commissioner, with the provisions of subdivision nine-a of this section.
(c) The commissioner shall annually report to the governor and the
legislature on the distribution of funds under this subdivision includ-
ing, but not limited to:
(i) the impact on safety net providers, including community providers,
rural general hospitals and major public general hospitals;
(ii) the provision of indigent care by units of services and funds
distributed by general hospitals; and
(iii) the extent to which access to care has been enhanced.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Paragraph (h) of subdivision 2 of section 365-a of the social
services law, as amended by chapter 220 of the laws of 2011, is amended
to read as follows:
(h) speech therapy, and when provided at the direction of a physician
or nurse practitioner, physical therapy including related rehabilitative
services and occupational therapy; provided, however, that speech thera-
py[, physical therapy] and occupational therapy each shall be limited to
coverage of twenty visits per year; PHYSICAL THERAPY SHALL BE LIMITED TO
COVERAGE OF FORTY VISITS PER YEAR; such limitation shall not apply to
persons with developmental disabilities or, notwithstanding any other
provision of law to the contrary, to persons with traumatic brain inju-
ry;
§ 6. The commissioner of health is directed to conduct a study to
review the feasibility of creating a burn center in Kings County.
The commissioner of health shall report his or her findings to the
governor, the speaker of the assembly, the minority leader of the assem-
bly, the temporary president of the senate and the minority leader of
the senate on or before one year from the date this act shall take
effect.
§ 7. Section 4403-f of the public health law is amended by adding a
new subdivision 8-a to read as follows:
8-A. RATES FOR CERTAIN RESIDENTIAL HEALTH CARE FACILITIES. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, ANY
RESIDENTIAL HEALTH CARE FACILITY ESTABLISHED PURSUANT TO ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER LOCATED IN A COUNTY WITH A POPULATION OF MORE
THAN SEVENTY-TWO THOUSAND AND LESS THAN SEVENTY-FIVE THOUSAND PERSONS
BASED ON THE TWO THOUSAND TEN FEDERAL CENSUS SHALL BE REIMBURSED BY ANY
MANAGED LONG TERM CARE PLAN, APPROVED PURSUANT TO THIS SECTION AND
CONTRACTING WITH THE DEPARTMENT, AT A RATE OF NO LESS THAN ONE HUNDRED
FOUR PERCENT OF THE AVERAGE RATE OF REIMBURSEMENT IN EXISTENCE ON MARCH
FIRST, TWO THOUSAND EIGHTEEN FOR SUCH COUNTY.
§ 8. Subdivision 2-c of section 2808 of the public health law is
amended by adding a new paragraph (g) to read as follows:
(G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, ANY RESIDENTIAL HEALTH CARE FACILITY ESTABLISHED PURSUANT TO
THIS ARTICLE LOCATED IN A COUNTY WITH A POPULATION OF MORE THAN SEVEN-
S. 7507--C 8 A. 9507--C
TY-TWO THOUSAND AND LESS THEN SEVENTY-FIVE THOUSAND PERSONS BASED ON THE
TWO THOUSAND TEN FEDERAL CENSUS, AND OPERATING BETWEEN ONE HUNDRED TEN
AND ONE HUNDRED THIRTY BEDS, BEING REIMBURSED BY THE DEPARTMENT ON A
FEE-FOR-SERVICES BASIS, SHALL BE REIMBURSED AT A RATE OF NO LESS THAN
ONE HUNDRED SEVENTEEN PERCENT OF THE FEE-FOR-SERVICE RATE OF REIMBURSE-
MENT CALCULATED PURSUANT TO THIS SECTION FOR THAT FACILITY FOR INPATIENT
SERVICES PROVIDED ON OR AFTER MARCH FIRST, TWO THOUSAND EIGHTEEN.
§ 9. This act shall take effect immediately; provided, however, that
the amendments to section 4403-f of the public health law made by
section seven of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART B
Section 1. Subdivision 2-c of section 2808 of the public health law is
amended by adding a new paragraph (g) to read as follows:
(G) THE COMMISSIONER SHALL REDUCE MEDICAID REVENUE TO A RESIDENTIAL
HEALTH CARE FACILITY IN A PAYMENT YEAR BY TWO PERCENT IF IN EACH OF THE
TWO MOST RECENT PAYMENT YEARS FOR WHICH NEW YORK STATE NURSING HOME
QUALITY INITIATIVE DATA IS AVAILABLE, THE FACILITY WAS RANKED IN THE
LOWEST TWO QUINTILES OF FACILITIES BASED ON ITS NURSING HOME QUALITY
INITIATIVE PERFORMANCE, AND WAS RANKED IN THE LOWEST QUINTILE IN THE
MOST RECENT PAYMENT YEAR. THE COMMISSIONER SHALL WAIVE THE APPLICATION
OF THIS PARAGRAPH TO A FACILITY IF THE COMMISSIONER DETERMINES THAT THE
FACILITY IS IN FINANCIAL DISTRESS.
§ 2. Subdivision 3 of section 461-l of the social services law is
amended by adding four new paragraphs (k), (l), (m) and (n) to read as
follows:
(K) (I) EXISTING ASSISTED LIVING PROGRAM PROVIDERS MAY APPLY TO THE
DEPARTMENT OF HEALTH FOR APPROVAL TO ADD UP TO NINE ADDITIONAL ASSISTED
LIVING PROGRAM BEDS THAT DO NOT REQUIRE MAJOR RENOVATION OR
CONSTRUCTION. ELIGIBLE APPLICANTS ARE THOSE THAT AGREE TO DEDICATE SUCH
BEDS TO SERVE ONLY INDIVIDUALS RECEIVING MEDICAL ASSISTANCE, ARE IN GOOD
STANDING WITH THE DEPARTMENT OF HEALTH, AND ARE IN COMPLIANCE WITH
APPROPRIATE STATE AND LOCAL REQUIREMENTS AS DETERMINED BY THE DEPARTMENT
OF HEALTH.
(II) EXISTING ASSISTED LIVING PROGRAM PROVIDERS LICENSED ON OR BEFORE
APRIL FIRST, TWO THOUSAND EIGHTEEN MAY SUBMIT APPLICATIONS UNDER THIS
PARAGRAPH BEGINNING NO LATER THAN JUNE THIRTIETH, TWO THOUSAND EIGHTEEN
AND UNTIL A DEADLINE TO BE DETERMINED BY THE DEPARTMENT OF HEALTH.
EXISTING ASSISTED LIVING PROGRAM PROVIDERS LICENSED ON OR BEFORE APRIL
FIRST, TWO THOUSAND TWENTY MAY SUBMIT SUCH APPLICATIONS BEGINNING NO
LATER THAN JUNE THIRTIETH, TWO THOUSAND TWENTY AND UNTIL A DEADLINE TO
BE DETERMINED BY THE DEPARTMENT OF HEALTH.
(III) THE NUMBER OF ADDITIONAL ASSISTED LIVING PROGRAM BEDS APPROVED
UNDER THIS PARAGRAPH SHALL BE BASED ON THE TOTAL NUMBER OF PREVIOUSLY
AWARDED BEDS EITHER WITHDRAWN BY APPLICANTS OR DENIED BY THE DEPARTMENT
OF HEALTH. THE COMMISSIONER OF HEALTH SHALL UTILIZE AN EXPEDITED REVIEW
PROCESS ALLOWING CERTIFICATION OF THE ADDITIONAL BEDS WITHIN NINETY DAYS
OF SUCH DEPARTMENT'S RECEIPT OF A SATISFACTORY APPLICATION.
(L) (I) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SOLICIT AND AWARD
APPLICATIONS FOR UP TO A TOTAL OF FIVE HUNDRED NEW ASSISTED LIVING
PROGRAM BEDS IN THOSE COUNTIES WHERE THERE IS ONE OR NO ASSISTED LIVING
PROGRAM PROVIDERS, PURSUANT TO CRITERIA TO BE DETERMINED BY THE COMMIS-
SIONER.
S. 7507--C 9 A. 9507--C
(II) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO SOLICIT AND AWARD
APPLICATIONS FOR UP TO FIVE HUNDRED NEW ASSISTED LIVING PROGRAM BEDS IN
COUNTIES WHERE UTILIZATION OF EXISTING ASSISTED LIVING PROGRAM BEDS
EXCEEDS EIGHTY-FIVE PERCENT. ALL APPLICANTS SHALL COMPLY WITH FEDERAL
HOME AND COMMUNITY-BASED SETTINGS REQUIREMENTS, AS SET FORTH IN 42 CFR
PART 441 SUBPART G. TO BE ELIGIBLE FOR AN AWARD, AN APPLICANT MUST AGREE
TO:
(A) DEDICATE SUCH BEDS TO SERVE ONLY INDIVIDUALS RECEIVING MEDICAL
ASSISTANCE;
(B) DEVELOP AND EXECUTE COLLABORATIVE AGREEMENTS WITHIN TWENTY-FOUR
MONTHS OF AN APPLICATION BEING MADE TO THE DEPARTMENT OF HEALTH, IN
ACCORDANCE WITH GUIDANCE TO BE PUBLISHED BY SUCH DEPARTMENT, BETWEEN AT
LEAST ONE OF EACH OF THE FOLLOWING ENTITIES: AN ADULT CARE FACILITY; A
RESIDENTIAL HEALTH CARE FACILITY; AND A GENERAL HOSPITAL; AND
(C) ENTER INTO AN AGREEMENT WITH AN EXISTING MANAGED CARE ENTITY.
(III) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO AWARD ANY ASSISTED
LIVING PROGRAM BEDS FOR WHICH A SOLICITATION IS MADE UNDER SUBPARAGRAPH
(I) OF THIS PARAGRAPH, BUT WHICH ARE NOT AWARDED, TO APPLICANTS THAT
MEET ALL APPLICABLE CRITERIA PURSUANT TO A SOLICITATION MADE UNDER
SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(M) BEGINNING APRIL FIRST, TWO THOUSAND TWENTY-THREE, ADDITIONAL
ASSISTED LIVING PROGRAM BEDS SHALL BE APPROVED ON A CASE BY CASE BASIS
WHENEVER THE COMMISSIONER OF HEALTH IS SATISFIED THAT PUBLIC NEED EXISTS
AT THE TIME AND PLACE AND UNDER CIRCUMSTANCES PROPOSED BY THE APPLICANT.
(I) THE CONSIDERATION OF PUBLIC NEED MAY TAKE INTO ACCOUNT FACTORS
SUCH AS, BUT NOT LIMITED TO, REGIONAL OCCUPANCY RATES FOR ADULT CARE
FACILITIES AND ASSISTED LIVING PROGRAM OCCUPANCY RATES AND THE EXTENT TO
WHICH THE PROJECT WILL SERVE INDIVIDUALS RECEIVING MEDICAL ASSISTANCE.
(II) EXISTING ASSISTED LIVING PROGRAM PROVIDERS MAY APPLY FOR APPROVAL
TO ADD UP TO NINE ADDITIONAL ASSISTED LIVING PROGRAM BEDS THAT DO NOT
REQUIRE MAJOR RENOVATION OR CONSTRUCTION UNDER AN EXPEDITED REVIEW PROC-
ESS. THE EXPEDITED REVIEW PROCESS IS AVAILABLE TO APPLICANTS THAT ARE IN
GOOD STANDING WITH THE DEPARTMENT OF HEALTH, AND ARE IN COMPLIANCE WITH
APPROPRIATE STATE AND LOCAL REQUIREMENTS AS DETERMINED BY THE DEPARTMENT
OF HEALTH. THE EXPEDITED REVIEW PROCESS SHALL ALLOW CERTIFICATION OF
THE ADDITIONAL BEDS FOR WHICH THE COMMISSIONER OF HEALTH IS SATISFIED
THAT PUBLIC NEED EXISTS WITHIN NINETY DAYS OF SUCH DEPARTMENT'S RECEIPT
OF A SATISFACTORY APPLICATION.
(N) THE COMMISSIONER OF HEALTH IS AUTHORIZED TO CREATE A PROGRAM TO
SUBSIDIZE THE COST OF ASSISTED LIVING FOR THOSE INDIVIDUALS LIVING WITH
ALZHEIMER'S DISEASE AND DEMENTIA WHO ARE NOT ELIGIBLE FOR MEDICAL
ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF THIS CHAPTER. THE
PROGRAM SHALL AUTHORIZE UP TO TWO HUNDRED VOUCHERS TO INDIVIDUALS
THROUGH AN APPLICATION PROCESS AND PAY FOR UP TO SEVENTY-FIVE PERCENT OF
THE AVERAGE PRIVATE PAY RATE IN THE RESPECTIVE REGION. THE COMMISSIONER
OF HEALTH MAY PROPOSE RULES AND REGULATIONS TO EFFECTUATE THIS
PROVISION.
§ 3. Subparagraph (i) of paragraph (b) of subdivision 7 of section
4403-f of the public health law, as amended by section 41-b of part H of
chapter 59 of the laws of 2011, is amended to read as follows:
(i) The commissioner shall, to the extent necessary, submit the appro-
priate waivers, including, but not limited to, those authorized pursuant
to sections eleven hundred fifteen and nineteen hundred fifteen of the
federal social security act, or successor provisions, and any other
waivers necessary to achieve the purposes of high quality, integrated,
and cost effective care and integrated financial eligibility policies
S. 7507--C 10 A. 9507--C
under the medical assistance program or pursuant to title XVIII of the
federal social security act. In addition, the commissioner is authorized
to submit the appropriate waivers, including but not limited to those
authorized pursuant to sections eleven hundred fifteen and nineteen
hundred fifteen of the federal social security act or successor
provisions, and any other waivers necessary to require on or after April
first, two thousand twelve, medical assistance recipients who are twen-
ty-one years of age or older and who require community-based long term
care services, as specified by the commissioner, for A CONTINUOUS PERIOD
OF more than one hundred and twenty days, to receive such services
through an available plan certified pursuant to this section or other
program model that meets guidelines specified by the commissioner that
support coordination and integration of services. Such guidelines shall
address the requirements of paragraphs (a), (b), (c), (d), (e), (f),
(g), (h), and (i) of subdivision three of this section as well as
payment methods that ensure provider accountability for cost effective
quality outcomes. Such other program models may include long term home
health care programs that comply with such guidelines. Copies of such
original waiver applications and amendments thereto shall be provided to
the chairs of the senate finance committee, the assembly ways and means
committee and the senate and assembly health committees simultaneously
with their submission to the federal government.
§ 4. Subparagraphs (vii) and (viii) of paragraph (b) of subdivision 7
of section 4403-f of the public health law are redesignated subpara-
graphs (viii) and (ix) and a new subparagraph (vii) is added to read as
follows:
(VII) IF ANOTHER LONG TERM CARE PLAN CERTIFIED UNDER THIS SECTION IS
AVAILABLE, MEDICAL ASSISTANCE RECIPIENTS REQUIRED TO ENROLL IN SUCH
PLANS PURSUANT TO THIS SECTION, INCLUDING RECIPIENTS WHO HAVE BEEN
ASSIGNED TO A PROVIDER BY THE COMMISSIONER, MAY CHANGE PLANS WITHOUT
CAUSE WITHIN NINETY DAYS OF EITHER NOTIFICATION OF ENROLLMENT OR THE
EFFECTIVE DATE OF ENROLLMENT INTO A PLAN, WHICHEVER IS LATER, BY SUBMIT-
TING A REQUEST TO THE ENTITY DESIGNATED BY THE DEPARTMENT IN A FORMAT TO
BE DETERMINED BY THE DEPARTMENT. IN ACCORDANCE WITH FEDERAL STATUTES AND
REGULATIONS, AFTER SUCH NINETY-DAY PERIOD, THE DEPARTMENT MAY PROHIBIT A
RECIPIENT FROM CHANGING PLANS MORE FREQUENTLY THAN ONCE EVERY TWELVE
MONTHS, EXCEPT FOR GOOD CAUSE. GOOD CAUSE MAY INCLUDE POOR QUALITY OF
CARE, LACK OF ACCESS TO COVERED SERVICES, LACK OF ACCESS TO PROVIDERS
EXPERIENCED IN DEALING WITH THE ENROLLEE'S CARE NEEDS, OR AS OTHERWISE
DETERMINED BY THE COMMISSIONER.
§ 5. Clauses 11 and 12 of subparagraph (v) of paragraph (b) of subdi-
vision 7 of section 4403-f of the public health law, as amended by
section 48 of part A of chapter 56 of the laws of 2013, are amended to
read as follows:
(11) a person who is eligible for medical assistance pursuant to para-
graph (b) of subdivision four of section three hundred sixty-six of the
social services law; [and]
(12) Native Americans; AND
(13) A PERSON WHO IS PERMANENTLY PLACED IN A NURSING HOME FOR A
CONSECUTIVE PERIOD OF THREE MONTHS OR MORE. IN IMPLEMENTING THIS
PROVISION, THE DEPARTMENT SHALL CONTINUE TO SUPPORT SERVICE DELIVERY AND
OUTCOMES THAT RESULT IN COMMUNITY LIVING FOR ENROLLEES.
§ 6. Section 4403-f of the public health law is amended by adding a
new subdivision 11-b to read as follows:
11-B. IN CASES OF A MANAGED LONG TERM CARE PLAN MERGER, ACQUISITION,
OR OTHER SIMILAR ARRANGEMENT APPROVED BY THE DEPARTMENT, ANY RECEIVING
S. 7507--C 11 A. 9507--C
PLAN THAT IS A PARTY TO THE ARRANGEMENT SHALL SUBMIT A REPORT TO THE
DEPARTMENT WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THE TRANS-
ACTION. SUCH REPORTS SHALL BE IN A FORM AND FORMAT TO BE DETERMINED BY
THE DEPARTMENT AND SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION
ABOUT THE ENROLLEES TRANSFERRED AND ENROLLEE SERVICE AUTHORIZATION DATA
BEFORE AND AFTER TRANSFER. THE DEPARTMENT SHALL MAKE A SUMMARY OF THE
REPORT AVAILABLE TO THE PUBLIC.
§ 7. Intentionally omitted.
§ 8. Subdivision 1 of section 367-a of the social services law is
amended by adding a new paragraph (h) to read as follows:
(H) AMOUNTS PAYABLE UNDER THIS TITLE FOR MEDICAL ASSISTANCE IN THE
FORM OF FREESTANDING CLINIC SERVICES PURSUANT TO ARTICLE TWENTY-EIGHT OF
THE PUBLIC HEALTH LAW PROVIDED TO ELIGIBLE PERSONS PARTICIPATING IN THE
NEW YORK TRAUMATIC BRAIN INJURY WAIVER PROGRAM WHO ARE ALSO BENEFICI-
ARIES UNDER PART B OF TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT OR
WHO ARE QUALIFIED MEDICARE BENEFICIARIES UNDER PART B OF TITLE XVIII OF
SUCH ACT SHALL NOT BE LESS THAN THE APPROVED MEDICAL ASSISTANCE PAYMENT
LEVEL LESS THE AMOUNT PAYABLE UNDER PART B.
§ 9. The commissioner of health, in consultation with the rural health
council, shall conduct a study of home and community based services
available to recipients of the Medicaid program in rural areas of the
state. Such study shall include a review and analysis of factors affect-
ing such availability, including but not limited to transportation
costs, costs of direct care personnel including home health aides,
personal care attendants and other direct service personnel, opportu-
nities for telehealth services, and technological advances to improve
efficiencies. Consistent with the results of the study, the commissioner
of health is authorized to provide a targeted Medicaid rate enhancement
to fee-for-service personal care rates and rates under Medicaid waiver
programs such as the nursing home transition and diversion waiver and
the traumatic brain injury program waiver, in an aggregate amount of
three million dollars minus the cost of conducting the study; provided
further, that nothing in this section shall be deemed to affect payment
for the costs of the study and any related Medicaid rate enhancement if
federal participation is not available for such costs.
§ 9-a. Subdivision 7 of section 4403-f of the public health law is
amended by adding a new paragraph (j) to read as follows:
(J) LIMITATIONS ON LICENSED HOME CARE SERVICE AGENCY CONTRACTS. (I)
THE COMMISSIONER MAY ESTABLISH METHODOLOGIES TO LIMIT THE NUMBER OF
LICENSED HOME CARE SERVICES AGENCIES LICENSED PURSUANT TO ARTICLE THIR-
TY-SIX OF THE PUBLIC HEALTH LAW WITH WHICH MANAGED LONG TERM CARE PLANS
MAY ENTER INTO CONTRACTS, PROVIDED THAT SUCH LIMITATIONS ARE CONSISTENT
WITH THE SPECIFICATIONS SET FORTH IN THIS PARAGRAPH.
(II) MANAGED LONG TERM CARE PLANS OPERATING IN THE CITY OF NEW YORK
AND/OR THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER MAY ENTER INTO
CONTRACTS WITH LICENSED HOME CARE SERVICES AGENCIES IN SUCH REGION IN A
MAXIMUM NUMBER CALCULATED BASED UPON THE FOLLOWING METHODOLOGY:
(A) AS OF OCTOBER FIRST, TWO THOUSAND EIGHTEEN, ONE CONTRACT PER
SEVENTY-FIVE MEMBERS ENROLLED IN THE PLAN WITHIN SUCH REGION; AND
(B) AS OF OCTOBER FIRST, TWO THOUSAND NINETEEN, ONE CONTRACT PER ONE
HUNDRED MEMBERS ENROLLED IN THE PLAN WITHIN SUCH REGION.
(III) MANAGED LONG TERM CARE PLANS OPERATING IN COUNTIES OTHER THAN
THOSE IN THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND
WESTCHESTER MAY ENTER INTO CONTRACTS WITH LICENSED HOME CARE SERVICES
AGENCIES IN SUCH REGION IN A MAXIMUM NUMBER CALCULATED BASED UPON THE
FOLLOWING METHODOLOGY:
S. 7507--C 12 A. 9507--C
(A) AS OF OCTOBER FIRST, TWO THOUSAND EIGHTEEN, ONE CONTRACT PER
FORTY-FIVE MEMBERS ENROLLED IN THE PLAN WITHIN SUCH REGION.
(B) AS OF OCTOBER FIRST, TWO THOUSAND NINETEEN, ONE CONTRACT PER SIXTY
MEMBERS ENROLLED IN THE PLAN WITHIN SUCH REGION.
(IV) NOTWITHSTANDING SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH, A
MANAGED LONG TERM CARE PLAN SHALL NOT ENTER INTO LESS THAN THE NUMBER OF
CONTRACTS WITH LICENSED HOME CARE SERVICES AGENCIES IN EACH COUNTY IN
WHICH THE PLAN OPERATES AS IS NECESSARY TO REMAIN CONSISTENT WITH
NETWORK ADEQUACY STANDARDS, AS DETERMINED BY THE DEPARTMENT IN ACCORD-
ANCE WITH FEDERAL REGULATIONS.
(V) WHEN CALCULATING THE NUMBER OF ADDITIONAL CONTRACTS THAT A MANAGED
LONG TERM CARE PLAN MAY ENTER USING THE METHODOLOGIES ESTABLISHED PURSU-
ANT TO THIS PARAGRAPH, ANY FRACTIONAL RESULT SHALL BE ROUNDED DOWN.
(VI) THE COMMISSIONER MAY INCREASE THE NUMBER OF LICENSED HOME CARE
SERVICES AGENCIES WITH WHICH A MANAGED LONG TERM CARE PLAN MAY CONTRACT,
ON A COUNTY BY COUNTY BASIS, IF THE COMMISSIONER DETERMINES THAT SUCH
INCREASE IS NECESSARY TO: ENSURE ADEQUATE ACCESS TO SERVICES IN THE
GEOGRAPHIC AREA INCLUDING, BUT NOT LIMITED TO, SPECIAL NEEDS SERVICES
AND SERVICES THAT ARE CULTURALLY AND LINGUISTICALLY APPROPRIATE; OR TO
AVOID DISRUPTION IN SERVICES IN THE GEOGRAPHIC AREA.
(VII) ANY LICENSED HOME CARE SERVICES AGENCY THAT CEASES OPERATION AS
A RESULT OF THIS PARAGRAPH SHALL CONFORM WITH ALL APPLICABLE REQUIRE-
MENTS, INCLUDING BUT NOT LIMITED TO DEMONSTRATING TO THE DEPARTMENT'S
SATISFACTION CONTINUITY OF CARE FOR INDIVIDUALS RECEIVING SERVICES FROM
THE AGENCY.
(VIII) THE COMMISSIONER MAY REQUIRE MANAGED LONG TERM CARE PLANS TO
PROVIDE EVIDENCE OF COMPLIANCE WITH THIS PARAGRAPH, ON AN ANNUAL BASIS.
(IX) IN IMPLEMENTING THE PROVISIONS OF THIS PARAGRAPH, THE COMMISSION-
ER SHALL, TO THE EXTENT PRACTICABLE, CONSIDER AND SELECT METHODOLOGIES
THAT SEEK TO MAXIMIZE CONTINUITY OF CARE AND MINIMIZE DISRUPTION TO THE
PROVIDER LABOR WORKFORCE, AND SHALL, TO THE EXTENT PRACTICABLE AND
CONSISTENT WITH THE RATIOS SET FORTH HEREIN, CONTINUE TO SUPPORT
CONTRACTS BETWEEN MANAGED LONG TERM CARE PLANS AND LICENSED HOME CARE
SERVICES AGENCIES THAT ARE BASED ON A COMMITMENT TO QUALITY AND VALUE.
(X) THIS SUBPARAGRAPH APPLIES WHERE IMPLEMENTATION OF THE LIMITS ON
CONTRACTS WITH LICENSED HOME CARE SERVICE AGENCIES OF THIS PARAGRAPH (I)
WOULD OTHERWISE REQUIRE AN ENROLLEE'S CARE TO BE TRANSFERRED FROM THE
ENROLLEE'S CURRENT LICENSED HOME CARE SERVICE AGENCY TO ANOTHER LICENSED
CARE SERVICE AGENCY, AND (II) THE ENROLLEE (OR THE ENROLLEE'S AUTHORIZED
REPRESENTATIVE) WANTS THE ENROLLEE TO CONTINUE TO BE CARED FOR BY ONE OR
MORE EMPLOYEES OF THE CURRENT LICENSED HOME CARE SERVICE AGENCY, AND
THAT CONTINUATION WOULD OTHERWISE BE PROVIDED. IN SUCH A CASE: THE
ENROLLEE'S MANAGED LONG TERM CARE PLAN MAY CONTRACT WITH THE ENROLLEE'S
CURRENT LICENSED HOME CARE SERVICE AGENCY FOR THE PURPOSE OF CONTINUING
THE ENROLLEE'S CARE BY SUCH EMPLOYEE OR EMPLOYEES, AND THE CONTRACT
SHALL NOT COUNT TOWARDS THE LIMITS ON CONTRACTS UNDER THIS PARAGRAPH FOR
A PERIOD OF THREE MONTHS.
§ 9-b. Subdivisions 4 and 6 of section 3605 of the public health law,
subdivision 4 as amended by section 62 of part A of chapter 58 of the
laws of 2010, subdivision 6 as added by chapter 959 of the laws of 1984,
are amended to read as follows:
4. The public health and health planning council shall not approve an
application for licensure unless it is satisfied as to: (A) THE PUBLIC
NEED FOR THE EXISTENCE OF THE LICENSED HOME HEALTH CARE SERVICE AGENCY
AT THE TIME AND PLACE AND UNDER THE CIRCUMSTANCES PROPOSED; (B) the
character, competence and standing in the community of the applicant's
S. 7507--C 13 A. 9507--C
incorporators, directors, sponsors, stockholders or operators; (C) THE
FINANCIAL RESOURCES OF THE PROPOSED LICENSED HOME HEALTH CARE SERVICE
AGENCY AND ITS SOURCES OF FINANCIAL REVENUES; AND (D) SUCH OTHER MATTERS
AS IT SHALL DEEM PERTINENT.
6. Neither [public need,] tax status nor profit-making status shall be
criteria for licensure.
§ 9-c. Subdivision 2 of section 3605-a of the public health law, as
added by chapter 959 of the laws of 1984, is amended to read as follows:
2. No such license shall be revoked, suspended, limited, annulled or
denied without a hearing. However, a license may be temporarily
suspended or limited without a hearing for a period not in excess of
thirty days upon written notice to the agency following a finding by the
department that the public health or safety is in imminent danger.
NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, NO LICENSED HOME CARE
SERVICES AGENCY SHALL BE PERMITTED TO OPERATE UNLESS IT HAS REGISTERED
WITH THE DEPARTMENT PURSUANT TO SECTION THIRTY-SIX HUNDRED FIVE-B OF
THIS ARTICLE.
§ 9-d. The public health law is amended by adding a new section 3605-b
to read as follows:
§ 3605-B. REGISTRATION OF LICENSED HOME CARE SERVICES AGENCIES. 1.
(A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO LICENSED
HOME CARE SERVICES AGENCY (LHCSA) LICENSED PURSUANT TO SECTION THIRTY-
SIX HUNDRED FIVE OF THIS ARTICLE SHALL BE OPERATED, PROVIDE NURSING
SERVICES, HOME HEALTH AIDE SERVICES, OR PERSONAL CARE SERVICES, OR
RECEIVE REIMBURSEMENT FROM ANY SOURCE FOR THE PROVISION OF SUCH SERVICES
DURING ANY PERIOD OF TIME ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE-
TEEN, UNLESS IT HAS REGISTERED WITH THE COMMISSIONER IN A MANNER
PRESCRIBED BY THE DEPARTMENT.
(B) A LHCSA THAT FAILS TO SUBMIT A COMPLETE AND ACCURATE SET OF ALL
REQUIRED REGISTRATION MATERIALS BY THE DEADLINE ESTABLISHED BY THE
COMMISSIONER SHALL BE REQUIRED TO PAY A FEE OF FIVE HUNDRED DOLLARS FOR
EACH MONTH OR PART THEREOF THAT THE LHCSA IS IN DEFAULT. A LHCSA THAT
FAILED TO REGISTER IN THE PRIOR YEAR BY THE DEADLINE OF THE CURRENT YEAR
SHALL NOT BE PERMITTED TO REGISTER FOR THE UPCOMING REGISTRATION PERIOD
UNLESS IT SUBMITS ANY UNPAID LATE FEES.
(C) THE DEPARTMENT SHALL POST ON ITS PUBLIC WEBSITE A LIST OF ALL
LHCSAS, WHICH SHALL INDICATE THE CURRENT REGISTRATION STATUS OF EACH
LHCSA.
(D) THE DEPARTMENT SHALL INSTITUTE PROCEEDINGS TO REVOKE THE LICENSE
OF ANY LHCSA THAT FAILS TO REGISTER FOR TWO ANNUAL REGISTRATION PERIODS,
WHETHER OR NOT SUCH PERIODS ARE CONSECUTIVE. THE DEPARTMENT SHALL HAVE
THE DISCRETION TO PURSUE REVOCATION OF THE LICENSE OF A LHCSA ON GROUNDS
THAT IT EVIDENCES A PATTERN OF LATE REGISTRATION OVER THE COURSE OF
MULTIPLE YEARS.
§ 9-e. Effective April 1, 2018, the commissioner of health shall place
a moratorium on the processing and approval of applications seeking
licensure of a licensed home care services agency pursuant to section
3605 of the public health law that have not received establishment
approval or contingent establishment approval by the public health and
health planning council, except for: (a) an application seeking licen-
sure of a licensed home care services agency that is submitted with an
application for approval as an assisted living program authorized pursu-
ant to section 461-l of the social services law; (b) an application
seeking approval to transfer ownership for an existing licensed home
care services agency that has been licensed and operating for a minimum
of five years for the purpose of consolidating ownership of two or more
S. 7507--C 14 A. 9507--C
licensed home care services agencies; and (c) an application seeking
licensure of a home care services agency where the applicant demon-
strates to the satisfaction of the commissioner of health that
submission of the application to the public health and health planning
council for consideration would be appropriate on grounds that the
application addresses a serious concern such as a lack of access to home
care services in the geographic area or a lack of adequate and appropri-
ate care, language and cultural competence, or special needs services.
Such moratorium shall expire on March 31, 2020. In implementing the
provisions of this section, the commissioner shall, to the extent prac-
ticable, review and, where appropriate, prioritize presentation to the
public health and health planning council of complete applications under
paragraph (b) of this section where the applicants demonstrate, to the
satisfaction of the commissioner, that the proposed change in ownership
is consistent with the goals of paragraph (j) of subdivision 7 of
section 4403-f of the public health law.
§ 9-f. Section 365-f of the social services law is amended by adding a
new subdivision 4-c to read as follows:
4-C. ADVERTISING BY FISCAL INTERMEDIARIES. (A) A FISCAL INTERMEDIARY
SHALL NOT PUBLISH ANY ADVERTISEMENT THAT IS FALSE OR MISLEADING. FOR
PURPOSES OF THIS SUBDIVISION, AN ADVERTISEMENT IS ANY MATERIAL PRODUCED
IN ANY MEDIUM THAT CAN REASONABLY BE INTERPRETED AS INTENDED TO MARKET
THE FISCAL INTERMEDIARY'S SERVICES TO MEDICAL ASSISTANCE RECIPIENTS.
(B) FISCAL INTERMEDIARIES SHALL SUBMIT ALL ADVERTISEMENTS TO THE
DEPARTMENT PRIOR TO DISSEMINATION. FISCAL INTERMEDIARIES SHALL NOT
DISSEMINATE ANY ADVERTISEMENT UNTIL IT HAS BEEN APPROVED BY THE DEPART-
MENT. THE DEPARTMENT SHALL RENDER A DECISION ON SUCH SUBMISSIONS WITHIN
THIRTY DAYS.
(C) UPON A FISCAL INTERMEDIARY'S RECEIPT OF NOTIFICATION BY THE
COMMISSIONER THAT THE FISCAL INTERMEDIARY HAS DISSEMINATED A FALSE OR
MISLEADING ADVERTISEMENT, OR THAT THE FISCAL INTERMEDIARY DISSEMINATED
AN ADVERTISEMENT WITHOUT THE DEPARTMENT'S APPROVAL, THE FISCAL INTERME-
DIARY SHALL HAVE THIRTY DAYS TO CEASE DISSEMINATING OR REMOVE SUCH
ADVERTISEMENT.
(D) UPON THE COMMISSIONER'S DETERMINATION THAT A FISCAL INTERMEDIARY
HAS DISSEMINATED TWO ADVERTISEMENTS THAT ARE EITHER FALSE OR MISLEADING
OR THAT WERE NOT APPROVED BY THE DEPARTMENT, SUCH ENTITY SHALL BE
PROHIBITED FROM PROVIDING FISCAL INTERMEDIARY SERVICES AND ANY AUTHORI-
ZATION GRANTED SHALL BE IMMEDIATELY REVOKED, SUSPENDED, LIMITED OR
ANNULLED PURSUANT TO SUBDIVISION FOUR-B OF THIS SECTION. THE DEPARTMENT
SHALL MAINTAIN A LIST OF SUCH ENTITIES AND SHALL MAKE SUCH LIST AVAIL-
ABLE TO CONTRACTING ENTITIES LISTED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF SUBDIVISION FOUR-A OF THIS SECTION.
§ 10. Paragraph (d-2) of subdivision 3 of section 364-j of the social
services law, as added by section 20-a of part B of chapter 59 of the
laws of 2016, is amended to read as follows:
(d-2) Services provided pursuant to waivers, granted pursuant to
subsection (c) of section 1915 of the federal social security act, to
persons suffering from traumatic brain injuries or qualifying for nurs-
ing home diversion and transition services, shall not be provided to
medical assistance recipients through managed care programs until at
least January first, two thousand [eighteen] TWENTY-TWO.
§ 11. Section 4012 of the public health law is amended by adding a new
subdivision 5 to read as follows:
5. THE COMMISSIONER SHALL ESTABLISH A METHODOLOGY AS OF JULY FIRST,
TWO THOUSAND EIGHTEEN SUBJECT TO FEDERAL FINANCIAL PARTICIPATION THAT
S. 7507--C 15 A. 9507--C
SHALL ENSURE A PROSPECTIVE TEN-PERCENT INCREASE IN THE MEDICAID
REIMBURSEMENT RATES FOR HOSPICE PROVIDERS, RELATIVE TO THE REIMBURSEMENT
RATE, AS OF MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN, FOR SERVICES
PROVIDED BY SUCH PROVIDERS ON AND AFTER APRIL FIRST, TWO THOUSAND EIGH-
TEEN.
§ 12. This act shall take effect immediately; provided, however, that
the amendments to paragraph (b) of subdivision 7 of section 4403-f of
the public health law made by sections three, four and five of this act
shall not affect the expiration of such paragraph pursuant to subdivi-
sion (i) of section 111 of part H of chapter 59 of the laws of 2011, as
amended, and shall be deemed to expire therewith; provided, further,
that the amendments to section 4403-f of the public health law made by
sections three, four, five, six and nine-a of this act shall not affect
the repeal of such section pursuant to chapter 659 of the laws of 1997,
as amended, and shall be deemed repealed therewith; provided, further,
that section four of this act shall take effect on October 1, 2018;
provided, further, that section nine-b of this act shall take effect
April 1, 2020; provided further that the commissioner of health is
authorized to issue regulations establishing the methodology for the
determination of public need pursuant to subdivision 4 of section 3605
of the public health law, as amended by section two of this act, prior
to such date; provided, further, that section nine-f of this act shall
apply to marketing contracts entered into after the effective date of
this act; and provided, further that the amendments to section 364-j of
the social services law made by section ten of this act shall not affect
the repeal of such section and shall be deemed repealed therewith.
PART C
Section 1. Intentionally omitted.
§ 2. Section 365-l of the social services law is amended by adding a
new subdivision 2-d to read as follows:
2-D. THE COMMISSIONER SHALL ESTABLISH REASONABLE TARGETS FOR HEALTH
HOME PARTICIPATION BY ENROLLEES OF SPECIAL NEEDS MANAGED CARE PLANS
DESIGNATED PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-
FIVE-M OF THIS TITLE AND BY HIGH-RISK ENROLLEES OF OTHER MEDICAID
MANAGED CARE PLANS OPERATING PURSUANT TO SECTION THREE HUNDRED SIXTY-
FOUR-J OF THIS TITLE, AND SHALL ENCOURAGE BOTH THE MANAGED CARE PROVID-
ERS AND THE HEALTH HOMES TO WORK COLLABORATIVELY WITH EACH OTHER TO
ACHIEVE SUCH TARGETS. THE COMMISSIONER MAY ASSESS PENALTIES UNDER THIS
SUBDIVISION IN INSTANCES OF FAILURE TO MEET THE PARTICIPATION TARGETS
ESTABLISHED PURSUANT TO THIS SUBDIVISION, WHERE THE DEPARTMENT HAS
DETERMINED THAT SUCH FAILURE REFLECTED THE ABSENCE OF A GOOD FAITH AND
REASONABLE EFFORT TO ACHIEVE THE PARTICIPATION TARGETS, EXCEPT THAT
MANAGED CARE PROVIDERS SHALL NOT BE PENALIZED FOR THE FAILURE OF A
HEALTH HOME TO WORK COLLABORATIVELY TOWARD MEETING THE PARTICIPATION
TARGETS AND A HEALTH HOME SHALL NOT BE PENALIZED FOR THE FAILURE OF A
MANAGED CARE PROVIDER TO WORK COLLABORATIVELY TOWARD MEETING THE PARTIC-
IPATION TARGETS.
§ 3. Subdivision 6 of section 2899 of the public health law, as
amended by chapter 471 of the laws of 2016, is amended to read as
follows:
6. "Provider" shall mean: (A) any residential health care facility
licensed under article twenty-eight of this chapter; or any certified
home health agency, licensed home care services agency or long term home
health care program certified under article thirty-six of this chapter;
S. 7507--C 16 A. 9507--C
any hospice program certified pursuant to article forty of this chapter;
or any adult home, enriched housing program or residence for adults
licensed under article seven of the social services law; OR (B) A HEALTH
HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH
HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVEL-
OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS
OF AGE UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES
LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMUNITY BASED SERVICES TO
ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION
PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL
SECURITY ACT.
§ 3-a. Subdivision 7 of section 2899-a of the public health law, as
amended by chapter 88 of the laws of 2016, is amended to read as
follows:
7. The department promptly shall make all determinations and actions
required by subdivision five of section eight hundred forty-five-b of
the executive law upon receipt of the information from the division of
criminal justice services and the federal bureau of investigation,
PROVIDED THAT WHEN RENDERING A DETERMINATION TO PROPOSE DENIAL OF
EMPLOYMENT ELIGIBILITY, THE DEPARTMENT SHALL PROVIDE THE INDIVIDUAL WHO
IS THE SUBJECT OF THE CRIMINAL HISTORY INFORMATION CHECK WITH A COPY OF
SUCH CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW AND INFORM SUCH INDIVIDUAL OF HIS OR HER RIGHT TO
SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH CRIMINAL
HISTORY INFORMATION PURSUANT TO THE REGULATIONS AND PROCEDURES ESTAB-
LISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. The department
shall create a permanent record, update the information in accordance
with section eight hundred forty-five-b of the executive law and make
only records or information received from the division of criminal
justice services available to providers pursuant to this section.
§ 4. Paragraph (b) of subdivision 9 of section 2899-a of the public
health law, as added by chapter 331 of the laws of 2006, is amended to
read as follows:
(b) Residential health care facilities licensed pursuant to article
twenty-eight of this chapter and certified home health care agencies and
long-term home health care programs certified or approved pursuant to
article thirty-six of this chapter OR A HEALTH HOME, OR ANY SUBCONTRAC-
TOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE
AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES TO ALL
THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS
DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW AND ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION
THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW, OR ANY ENTITY
THAT PROVIDES HOME AND COMMUNITY BASED SERVICES TO ENROLLEES WHO ARE
UNDER TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION PROGRAM PURSUANT TO
SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, may,
subject to the availability of federal financial participation, claim as
reimbursable costs under the medical assistance program, costs reflect-
ing the fee established pursuant to law by the division of criminal
justice services for processing a criminal history information check,
the fee imposed by the federal bureau of investigation for a national
criminal history check, and costs associated with obtaining the finger-
prints, provided, however, that for the purposes of determining rates of
payment pursuant to article twenty-eight of this chapter for residential
S. 7507--C 17 A. 9507--C
health care facilities, such reimbursable fees and costs shall be
reflected as timely as practicable in such rates within the applicable
rate period.
§ 5. Subdivision 10 of section 2899-a of the public health law, as
amended by chapter 206 of the laws of 2017, is amended to read as
follows:
10. Notwithstanding subdivision eleven of section eight hundred
forty-five-b of the executive law, a certified home health agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or a home care services agency exempt from certification or licensure
under article thirty-six of this chapter, a hospice program under arti-
cle forty of this chapter, or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, OR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
TO PROVIDE HEALTH HOME SERVICES TO ALL ENROLLEES ENROLLED PURSUANT TO A
DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE
UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION THREE HUNDRED SIXTY-FIVE-L
OF THE SOCIAL SERVICES LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMU-
NITY BASED SERVICES TO ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE
UNDER A DEMONSTRATION PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN
OF THE FEDERAL SOCIAL SECURITY ACT may temporarily approve a prospective
employee while the results of the criminal history information check and
the determination are pending, upon the condition that the provider
conducts appropriate direct observation and evaluation of the temporary
employee, while he or she is temporarily employed, and the care recipi-
ent; PROVIDED, HOWEVER, THAT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF
A HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED
BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES TO ALL ENROLLEES
ENROLLED PURSUANT TO A DIAGNOSIS OF DEVELOPMENTAL DISABILITY AS DEFINED
IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW AND
ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION THREE
HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW, OR ANY ENTITY THAT
PROVIDES HOME AND COMMUNITY BASED SERVICES TO ENROLLEES WHO ARE UNDER
TWENTY-ONE YEARS OF AGE UNDER A DEMONSTRATION PROGRAM PURSUANT TO
SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT,
DIRECT OBSERVATION AND EVALUATION OF TEMPORARY EMPLOYEES SHALL NOT BE
REQUIRED UNTIL APRIL FIRST, TWO THOUSAND NINETEEN. The results of such
observations shall be documented in the temporary employee's personnel
file and shall be maintained. For purposes of providing such appropriate
direct observation and evaluation, the provider shall utilize an indi-
vidual employed by such provider with a minimum of one year's experience
working in an agency certified, licensed or approved under article thir-
ty-six of this chapter or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
TO PROVIDE HEALTH HOME SERVICES TO THOSE ENROLLED PURSUANT TO A DIAGNO-
SIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO
OF SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE UNDER
TWENTY-ONE YEARS OF AGE UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THE
SOCIAL SERVICES LAW, OR ANY ENTITY THAT PROVIDES HOME AND COMMUNITY
BASED SERVICES TO ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER
A DEMONSTRATION PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF
S. 7507--C 18 A. 9507--C
THE FEDERAL SOCIAL SECURITY ACT. If the temporary employee is working
under contract with another provider certified, licensed or approved
under article thirty-six of this chapter, such contract provider's
appropriate direct observation and evaluation of the temporary employee,
shall be considered sufficient for the purposes of complying with this
subdivision.
§ 6. Subdivision 3 of section 424-a of the social services law, as
amended by section 3 of part Q of chapter 56 of the laws of 2017, is
amended to read as follows:
3. For purposes of this section, the term "provider" or "provider
agency" shall mean: an authorized agency; the office of children and
family services; juvenile detention facilities subject to the certif-
ication of the office of children and family services; programs estab-
lished pursuant to article nineteen-H of the executive law; non-residen-
tial or residential programs or facilities licensed or operated by the
office of mental health or the office for people with developmental
disabilities except family care homes; licensed child day care centers,
including head start programs which are funded pursuant to title V of
the federal economic opportunity act of nineteen hundred sixty-four, as
amended; early intervention service established pursuant to section
twenty-five hundred forty of the public health law; preschool services
established pursuant to section forty-four hundred ten of the education
law; school-age child care programs; special act school districts as
enumerated in chapter five hundred sixty-six of the laws of nineteen
hundred sixty-seven, as amended; programs and facilities licensed by the
office of alcoholism and substance abuse services; residential schools
which are operated, supervised or approved by the education department;
HEALTH HOMES, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOMES, WHO CONTRACTS
WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT OF HEALTH
TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A
DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW AND ENROLLEES WHO ARE
UNDER TWENTY-ONE YEARS OF AGE UNDER SECTION THREE HUNDRED SIXTY-FIVE-L
OF THIS CHAPTER, OR ANY ENTITY THAT PROVIDES HOME AND COMMUNITY BASED
SERVICES TO ENROLLEES WHO ARE UNDER TWENTY-ONE YEARS OF AGE UNDER A
DEMONSTRATION PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE
FEDERAL SOCIAL SECURITY ACT; publicly-funded emergency shelters for
families with children, provided, however, for purposes of this section,
when the provider or provider agency is a publicly-funded emergency
shelter for families with children, then all references in this section
to the "potential for regular and substantial contact with individuals
who are cared for by the agency" shall mean the potential for regular
and substantial contact with children who are served by such shelter;
and any other facility or provider agency, as defined in subdivision
four of section four hundred eighty-eight of this chapter, in regard to
the employment of staff, or use of providers of goods and services and
staff of such providers, consultants, interns and volunteers.
§ 7. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 2 of part Q of chapter 56 of the
laws of 2017, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
S. 7507--C 19 A. 9507--C
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist; licensed marriage and family
therapist; licensed mental health counselor; licensed psychoanalyst;
licensed behavior analyst; certified behavior analyst assistant; hospi-
tal personnel engaged in the admission, examination, care or treatment
of persons; a Christian Science practitioner; school official, which
includes but is not limited to school teacher, school guidance counse-
lor, school psychologist, school social worker, school nurse, school
administrator or other school personnel required to hold a teaching or
administrative license or certificate; full or part-time compensated
school employee required to hold a temporary coaching license or profes-
sional coaching certificate; social services worker; employee of a publ-
icly-funded emergency shelter for families with children; director of a
children's overnight camp, summer day camp or traveling summer day camp,
as such camps are defined in section thirteen hundred ninety-two of the
public health law; day care center worker; school-age child care worker;
provider of family or group family day care; employee or volunteer in a
residential care facility for children that is licensed, certified or
operated by the office of children and family services; or any other
child care or foster care worker; mental health professional; substance
abuse counselor; alcoholism counselor; all persons credentialed by the
office of alcoholism and substance abuse services; EMPLOYEES, WHO ARE
EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHILDREN, OF A
HEALTH HOME OR HEALTH HOME CARE MANAGEMENT AGENCY CONTRACTING WITH A
HEALTH HOME AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND AUTHORIZED
UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS CHAPTER OR SUCH EMPLOY-
EES WHO PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMONSTRATION
PROGRAM PURSUANT TO SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL
SECURITY ACT WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT
WITH CHILDREN; peace officer; police officer; district attorney or
assistant district attorney; investigator employed in the office of a
district attorney; or other law enforcement official.
§ 8. Notwithstanding any inconsistent provision of sections 112 and
163 of the state finance law, or sections 142 and 143 of the economic
development law, or any other contrary provision of law, excepting the
13 responsible vendor requirements of the state finance law, including,
but not limited to, sections 163 and 139-k of the state finance law, the
commissioner of health is authorized to amend or otherwise extend the
terms of a contract awarded prior to the effective date and entered into
pursuant to subdivision 24 of section 206 of the public health law, as
added by section 39 of part C of chapter 58 of the laws of 2008, and a
contract awarded prior to the effective date and entered into to conduct
enrollment broker and conflict-free evaluation services for the Medicaid
program, both for a period of three years, without a competitive bid or
request for proposal process, upon determination that the existing
contractor is qualified to continue to provide such services, and
provided that efficiency savings are achieved during the period of
extension; and provided, further, that the department of health shall
submit a request for applications for such contract during the time
period specified in this section and may terminate the contract identi-
S. 7507--C 20 A. 9507--C
fied herein prior to expiration of the extension authorized by this
section.
§ 9. This act shall take effect immediately; provided, however, that
the amendments to subdivision 6 of section 2899 of the public health law
made by section three of this act shall take effect on the same date and
in the same manner as section 8 of chapter 471 of the laws of 2016, as
amended, takes effect and shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith; provided, further that
section three-a of this act shall take effect on the one hundred eight-
ieth day after it shall have become a law.
PART D
Section 1. Paragraph (d) of subdivision 9 of section 367-a of the
social services law, as amended by section 7 of part D of chapter 57 of
the laws of 2017, is amended to read as follows:
(d) In addition to the amounts paid pursuant to paragraph (b) of this
subdivision, the department shall pay a professional pharmacy dispensing
fee for each such drug dispensed in the amount of ten dollars AND EIGHT
CENTS per prescription or written order of a practitioner; provided,
however that this professional dispensing fee will not apply to drugs
that are available 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 Secu-
rity Act.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Subdivision 4 of section 365-a of the social services law is
amended by adding a new paragraph (h) to read as follows:
(H) OPIOIDS PRESCRIBED IN VIOLATION OF THE TREATMENT PLAN STANDARDS OF
SUBDIVISION EIGHT OF SECTION THIRTY-THREE HUNDRED THIRTY-ONE OF THE
PUBLIC HEALTH LAW OR TREATMENT PLAN STANDARDS AS OTHERWISE REQUIRED BY
THE COMMISSIONER.
§ 7-a. Section 3331 of the public health law is amended by adding a
new subdivision 8 to read as follows:
8. NO OPIOIDS SHALL BE PRESCRIBED TO A PATIENT INITIATING OR BEING
MAINTAINED ON OPIOID TREATMENT FOR PAIN WHICH HAS LASTED MORE THAN THREE
MONTHS OR PAST THE TIME OF NORMAL TISSUE HEALING, UNLESS THE MEDICAL
RECORD CONTAINS A WRITTEN TREATMENT PLAN THAT FOLLOWS GENERALLY ACCEPTED
NATIONAL PROFESSIONAL OR GOVERNMENTAL GUIDELINES. THE REQUIREMENTS OF
THIS PARAGRAPH SHALL NOT APPLY IN THE CASE OF PATIENTS WHO ARE BEING
TREATED FOR CANCER THAT IS NOT IN REMISSION, WHO ARE IN HOSPICE OR OTHER
END-OF-LIFE CARE, OR WHOSE PAIN IS BEING TREATED AS PART OF PALLIATIVE
CARE PRACTICES.
§ 8. Section 280 of the public health law, as added by section 1 of
part D of chapter 57 of the laws of 2017, is amended 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 provid-
ing 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
S. 7507--C 21 A. 9507--C
cost components causing significant pressure on the state, providers,
and patient access operating under the Medicaid global cap. It is there-
fore 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] STATE FUNDS Medicaid drug [spending] EXPENDITURE
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[.]; AND
(C) FOR STATE FISCAL YEAR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY,
BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL COMPONENT 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
a cash basis by the Medicaid program for each drug, and the projected
annual amount of STATE FUNDS MEDICAID drug expenditures ON A CASH BASIS
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 PROGRAM and Medicaid managed care
programs, minus the amount of any drug rebates or supplemental drug
rebates received by the department, including rebates pursuant to subdi-
vision five of this section with respect to rebate targets. THE DEPART-
MENT AND THE DIVISION OF THE BUDGET SHALL REPORT QUARTERLY TO THE DRUG
UTILIZATION REVIEW BOARD THE PROJECTED STATE FUNDS MEDICAID DRUG EXPEND-
ITURES INCLUDING THE AMOUNTS, IN AGGREGATE THEREOF, ATTRIBUTABLE TO THE
NET COST OF: CHANGES IN THE UTILIZATION OF DRUGS BY MEDICAID RECIPIENTS;
CHANGES IN THE NUMBER OF MEDICAID RECIPIENTS; CHANGES TO THE COST OF
BRAND NAME DRUGS AND CHANGES TO THE COST OF GENERIC DRUGS. THE INFORMA-
TION CONTAINED IN THE REPORT SHALL NOT BE PUBLICLY RELEASED IN A MANNER
THAT ALLOWS FOR THE IDENTIFICATION OF AN INDIVIDUAL DRUG OR MANUFACTURER
OR THAT IS LIKELY TO COMPROMISE THE FINANCIAL COMPETITIVE, OR PROPRIE-
TARY NATURE OF THE INFORMATION.
(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-
S. 7507--C 22 A. 9507--C
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
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 commissioner
be authorized to waive such provisions with respect to more than two
drugs in a given time.
S. 7507--C 23 A. 9507--C
(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
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;
S. 7507--C 24 A. 9507--C
(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;] SUBJECT ANY
DRUG OF A MANUFACTURER REFERRED TO THE DRUG UTILIZATION REVIEW BOARD
UNDER THIS SECTION TO PRIOR APPROVAL IN ACCORDANCE WITH EXISTING PROC-
ESSES AND PROCEDURES WHEN SUCH MANUFACTURER HAS NOT ENTERED INTO A
SUPPLEMENTAL REBATE AGREEMENT AS REQUIRED BY THIS SECTION; directing
managed care plans to remove from their Medicaid formularies those drugs
[with respect to which a] THAT THE DRUG UTILIZATION REVIEW BOARD RECOM-
MENDS A TARGET REBATE AMOUNT FOR AND THE 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 A DRUG THAT THE DRUG UTILIZATION REVIEW BOARD
RECOMMENDS A TARGET REBATE AMOUNT AND THE MANUFACTURER 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 Medicaid drug
expenditures from exceeding the limitation imposed by subdivision 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 subdivi-
sion 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 recipi-
ent to a drug which is the only treatment for a particular disease or
condition.
8. THE COMMISSIONER SHALL REPORT BY FEBRUARY FIRST ANNUALLY TO THE
DRUG UTILIZATION REVIEW BOARD ON SAVINGS ACHIEVED THROUGH THE DRUG CAP
IN THE LAST YEAR. SUCH REPORT SHALL PROVIDE DATA ON WHAT SAVINGS WERE
S. 7507--C 25 A. 9507--C
ACHIEVED THROUGH ACTIONS PURSUANT TO SUBDIVISIONS THREE, FIVE AND SEVEN
OF THIS SECTION, RESPECTIVELY, AND WHAT SAVINGS WERE ACHIEVED THROUGH
OTHER MEANS AND HOW SUCH SAVINGS WERE CALCULATED AND IMPLEMENTED.
§ 9. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2018; provided,
however, that the amendments to paragraph (d) of subdivision 9 of
section 367-a of the social services law made by section one of this act
shall not affect the expiration or repeal of such provisions and shall
expire or be deemed repealed therewith.
PART E
Intentionally Omitted
PART F
Intentionally Omitted
PART G
Intentionally Omitted
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
Section 1. Paragraph (h) of subdivision 1 of section 189 of the state
finance law, as amended by section 8 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
(h) knowingly conceals or knowingly and improperly avoids or decreases
an obligation to pay or transmit money or property to the state or a
local government, or conspires to do the same; shall be liable to the
state or a local government, as applicable, for a civil penalty of not
less than six thousand dollars and not more than twelve thousand
dollars, AS ADJUSTED TO BE EQUAL TO THE CIVIL PENALTY ALLOWED UNDER THE
FEDERAL FALSE CLAIMS ACT, 31 U.S.C. SEC. 3729, ET SEQ., AS AMENDED, AS
ADJUSTED FOR INFLATION BY THE FEDERAL CIVIL PENALTIES INFLATION ADJUST-
MENT ACT OF 1990, AS AMENDED (28 U.S.C. 2461 NOTE; PUB. L. NO. 101-410),
plus three times the amount of all damages, including consequential
damages, which the state or local government sustains because of the act
of that person.
§ 2. The state finance law is amended by adding a new section 190-b to
read as follows:
§ 190-B. MEDICAID FRAUD RECOVERY REPORTING. THE ATTORNEY GENERAL SHALL
MAKE AN ANNUAL REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER
OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE
ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE HEALTH COMMITTEE,
AND CHAIR OF THE ASSEMBLY HEALTH COMMITTEE BY APRIL FIFTEENTH OF EACH
YEAR. SUCH REPORT SHALL INCLUDE THE AMOUNT OF MONIES RECOVERED BY THE
S. 7507--C 26 A. 9507--C
MEDICAID FRAUD CONTROL UNIT PURSUANT TO THE FALSE CLAIMS ACT FOR THE
PRECEDING CALENDAR YEAR.
§ 3. This act shall take effect September 30, 2018.
PART K
Section 1. Section 3612 of the public health law is amended by adding
a new subdivision 8 to read as follows:
8. (A) THE COMMISSIONER MAY REQUIRE A HEALTH HOME OR LICENSED HOME
CARE SERVICES AGENCY TO REPORT ON THE COSTS INCURRED BY THE HEALTH HOME
OR LICENSED HOME CARE SERVICES AGENCY IN RENDERING HEALTH CARE SERVICES
TO MEDICAID BENEFICIARIES. THE DEPARTMENT OF HEALTH MAY SPECIFY THE
FREQUENCY AND FORMAT OF SUCH REPORTS, DETERMINE THE TYPE AND AMOUNT OF
INFORMATION TO BE SUBMITTED, AND REQUIRE THE SUBMISSION OF SUPPORTING
DOCUMENTATION, PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL PROVIDE NO
LESS THAN NINETY CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS ARE DUE.
(B) IF THE DEPARTMENT DETERMINES THAT THE COST REPORT SUBMITTED BY A
PROVIDER IS INACCURATE OR INCOMPLETE, THE DEPARTMENT SHALL NOTIFY THE
PROVIDER IN WRITING AND ADVISE THE PROVIDER OF THE CORRECTION OR ADDI-
TIONAL INFORMATION THAT THE PROVIDER MUST SUBMIT. THE PROVIDER MUST
SUBMIT THE CORRECTED OR ADDITIONAL INFORMATION WITHIN THIRTY CALENDAR
DAYS FROM THE DATE THE PROVIDER RECEIVES THE NOTICE.
(C) THE DEPARTMENT SHALL GRANT A PROVIDER AN ADDITIONAL THIRTY CALEN-
DAR DAYS TO SUBMIT THE ORIGINAL, CORRECTED OR ADDITIONAL COST REPORT
WHEN THE PROVIDER, PRIOR TO THE DATE THE REPORT IS DUE, SUBMITS A WRIT-
TEN REQUEST TO THE DEPARTMENT FOR AN EXTENSION AND ESTABLISHES TO THE
DEPARTMENT'S SATISFACTION THAT THE PROVIDER CANNOT SUBMIT THE REPORT BY
THE DATE DUE FOR REASONS BEYOND THE PROVIDER'S CONTROL.
(D) ALL REPORTS SHALL BE CERTIFIED BY THE OWNER, ADMINISTRATOR, CHIEF
EXECUTIVE OFFICER, OR PUBLIC OFFICIAL RESPONSIBLE FOR THE OPERATION OF
THE PROVIDER. THE COST REPORT FORM SHALL INCLUDE A CERTIFICATION FORM,
WHICH SHALL SPECIFY WHO MUST CERTIFY THE REPORT.
§ 1-a. Subdivision 4-a of section 365-f of the social services law is
amended by adding a new paragraph (i) to read as follows:
(I) (I) THE COMMISSIONER MAY REQUIRE A FISCAL INTERMEDIARY TO REPORT
ON THE DIRECT CARE AND ADMINISTRATIVE COSTS OF PERSONAL ASSISTANCE
SERVICES AS ACCOUNTED FOR BY THE FISCAL INTERMEDIARY. THE DEPARTMENT MAY
SPECIFY THE FREQUENCY AND FORMAT OF SUCH REPORTS, DETERMINE THE TYPE AND
AMOUNT OF INFORMATION TO BE SUBMITTED, AND REQUIRE THE SUBMISSION OF
SUPPORTING DOCUMENTATION, PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL
PROVIDE NO LESS THAN NINETY CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS
ARE DUE.
(II) IF THE DEPARTMENT DETERMINES THAT THE COST REPORT SUBMITTED BY A
PROVIDER IS INACCURATE OR INCOMPLETE, THE DEPARTMENT SHALL NOTIFY THE
PROVIDER IN WRITING AND ADVISE THE PROVIDER OF THE CORRECTION OR ADDI-
TIONAL INFORMATION THAT THE PROVIDER MUST SUBMIT. THE PROVIDER MUST
SUBMIT THE CORRECTED OR ADDITIONAL INFORMATION WITHIN THIRTY CALENDAR
DAYS FROM THE DATE THE PROVIDER RECEIVES THE NOTICE.
(III) THE DEPARTMENT SHALL GRANT A PROVIDER AN ADDITIONAL THIRTY
CALENDAR DAYS TO SUBMIT THE ORIGINAL, CORRECTED OR ADDITIONAL COST
REPORT WHEN THE PROVIDER, PRIOR TO THE DATE THE REPORT IS DUE, SUBMITS A
WRITTEN REQUEST TO THE DEPARTMENT FOR AN EXTENSION AND ESTABLISHES TO
THE DEPARTMENT'S SATISFACTION THAT THE PROVIDER CANNOT SUBMIT THE REPORT
BY THE DATE DUE FOR REASONS BEYOND THE PROVIDER'S CONTROL.
(IV) ALL REPORTS SHALL BE CERTIFIED BY THE OWNER, ADMINISTRATOR, CHIEF
EXECUTIVE OFFICER, OR PUBLIC OFFICIAL RESPONSIBLE FOR THE OPERATION OF
S. 7507--C 27 A. 9507--C
THE PROVIDER. THE COST REPORT FORM SHALL INCLUDE A CERTIFICATION FORM,
WHICH SHALL SPECIFY WHO MUST CERTIFY THE REPORT.
§ 2. Subdivision 1 of section 92 of part H of chapter 59 of the laws
of 2011, amending the public health law and other laws relating to known
and projected department of health state fund medicaid expenditures, as
amended by section 1 of part G of chapter 57 of the laws of 2017, is
amended to read as follows:
1. For state fiscal years 2011-12 through [2018-19] 2019-20, 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.
§ 3. Section 2807-c of the public health law is amended by adding a
new subdivision 34 to read as follows:
34. ENHANCED SAFETY NET HOSPITAL PROGRAM. (A) FOR THE PURPOSES OF THIS
SUBDIVISION, "ENHANCED SAFETY NET HOSPITAL" SHALL MEAN A HOSPITAL WHICH:
(I) IN ANY OF THE PREVIOUS THREE CALENDAR YEARS, HAS MET THE FOLLOWING
CRITERIA:
(A) NOT LESS THAN FIFTY PERCENT OF THE PATIENTS IT TREATS RECEIVE
MEDICAID OR ARE MEDICALLY UNINSURED;
(B) NOT LESS THAN FORTY PERCENT OF ITS INPATIENT DISCHARGES ARE
COVERED BY MEDICAID;
(C) TWENTY-FIVE PERCENT OR LESS OF ITS DISCHARGED PATIENTS ARE COMMER-
CIALLY INSURED;
(D) NOT LESS THAN THREE PERCENT OF THE PATIENTS IT PROVIDES SERVICES
TO ARE ATTRIBUTED TO THE CARE OF UNINSURED PATIENTS; AND
(E) PROVIDES CARE TO UNINSURED PATIENTS IN ITS EMERGENCY ROOM, HOSPI-
TAL BASED CLINICS AND COMMUNITY BASED CLINICS, INCLUDING THE PROVISION
OF IMPORTANT COMMUNITY SERVICES, SUCH AS DENTAL CARE AND PRENATAL CARE;
(II) IS A PUBLIC HOSPITAL OPERATED BY A COUNTY, MUNICIPALITY, PUBLIC
BENEFIT CORPORATION OR THE STATE UNIVERSITY OF NEW YORK;
(III) IS FEDERALLY DESIGNATED AS A CRITICAL ACCESS HOSPITAL; OR
(IV) IS FEDERALLY DESIGNATED AS A SOLE COMMUNITY HOSPITAL.
(B) WITHIN AMOUNTS APPROPRIATED, THE COMMISSIONER SHALL ADJUST MEDICAL
ASSISTANCE RATES TO ENHANCED SAFETY NET HOSPITALS FOR THE PURPOSES OF
S. 7507--C 28 A. 9507--C
SUPPORTING CRITICALLY NEEDED HEALTH CARE SERVICES AND TO ENSURE THE
CONTINUED MAINTENANCE AND OPERATION OF SUCH HOSPITALS.
(C) PAYMENTS MADE PURSUANT TO THIS SUBDIVISION MAY BE ADDED TO RATES
OF PAYMENT OR MADE AS AGGREGATE PAYMENTS TO ELIGIBLE GENERAL HOSPITALS.
§ 4. This act shall take effect immediately.
PART L
Intentionally Omitted
PART M
Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter
266 of the laws of 1986, amending the civil practice law and rules and
other laws relating to malpractice and professional medical conduct, as
amended by section 15 of part H of chapter 57 of the laws of 2017, 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,
between July 1, 2016 and June 30, 2017, [and] between July 1, 2017 and
June 30, 2018, AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019 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
S. 7507--C 29 A. 9507--C
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, between July 1, 2016 and June 30, 2017, [and] between
July 1, 2017 and June 30, 2018, AND BETWEEN JULY 1, 2018 AND JUNE 30,
2019 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 individ-
ual policy, from an insurer licensed in this state of primary malprac-
tice 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 previously 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
malpractice insurance coverage or coverage provided through a voluntary
attending physician ("channeling") program, total an aggregate level of
two million three hundred thousand dollars for each claimant and six
million nine hundred thousand dollars for all claimants from all such
policies with respect to occurrences in each of such years provided,
however, if the cost of primary malpractice insurance coverage in excess
of one million dollars, but below the excess medical malpractice insur-
ance coverage provided pursuant to this act, exceeds the rate of nine
percent per annum, then the required level of primary malpractice insur-
ance coverage in excess of one million dollars for each claimant shall
be in an amount of not less than the dollar amount of such coverage
available at nine percent per annum; the required level of such coverage
for all claimants under that policy shall be in an amount not less than
three times the dollar amount of coverage for each claimant; and excess
coverage, when combined with such primary malpractice insurance cover-
age, shall increase the aggregate level for each claimant by one million
dollars and three million dollars for all claimants; and provided
further, that, with respect to policies of primary medical malpractice
coverage that include occurrences between April 1, 2002 and June 30,
2002, such requirement that coverage be in amounts no less than one
million three hundred thousand dollars for each claimant and three
million nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
§ 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 16
S. 7507--C 30 A. 9507--C
of part H of chapter 57 of the laws of 2017, 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,
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,
AND BETWEEN JULY 1, 2018 AND JUNE 30, 2019 allocable to each general
hospital for physicians or dentists certified as eligible for purchase
of a policy for excess insurance coverage by such general hospital in
accordance with subdivision 2 of this section, and may amend such deter-
mination 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, AND BETWEEN JULY 1, 2018 AND JUNE 30,
2019 allocable to each general hospital for physicians or dentists
certified as eligible for purchase of a policy for excess insurance
coverage or equivalent excess coverage by such general hospital in
accordance with subdivision 2 of this section, and may amend such deter-
mination and certification as necessary. The superintendent of financial
services shall determine and certify to each general hospital and to the
S. 7507--C 31 A. 9507--C
commissioner of health the ratable share of such cost allocable to the
period July 1, 1987 to December 31, 1987, to the period January 1, 1988
to June 30, 1988, to the period July 1, 1988 to December 31, 1988, to
the period January 1, 1989 to June 30, 1989, to the period July 1, 1989
to December 31, 1989, to the period January 1, 1990 to June 30, 1990, to
the period July 1, 1990 to December 31, 1990, to the period January 1,
1991 to June 30, 1991, to the period July 1, 1991 to December 31, 1991,
to the period January 1, 1992 to June 30, 1992, to the period July 1,
1992 to December 31, 1992, to the period January 1, 1993 to June 30,
1993, to the period July 1, 1993 to December 31, 1993, to the period
January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
31, 1994, to the period January 1, 1995 to June 30, 1995, to the period
July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
30, 1996, to the period July 1, 1996 to December 31, 1996, to the period
January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
31, 1997, to the period January 1, 1998 to June 30, 1998, to the period
July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
31, 2000, to the period January 1, 2001 to June 30, 2001, to the period
July 1, 2001 to June 30, 2002, to the period July 1, 2002 to June 30,
2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
the period July 1, 2006 and June 30, 2007, to the period July 1, 2007
and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
period July 1, 2009 and June 30, 2010, to the period July 1, 2010 and
June 30, 2011, to the period July 1, 2011 and June 30, 2012, to the
period July 1, 2012 and June 30, 2013, 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] TO June 30, 2018, AND TO
THE PERIOD JULY 1, 2018 TO JUNE 30, 2019.
§ 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 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 17 of part H of chapter 57 of the
laws of 2017, 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
S. 7507--C 32 A. 9507--C
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] TO June 30, 2016,
during the period July 1, 2016 [and] TO June 30, 2017, [and] during the
period July 1, 2017 [and] TO June 30, 2018, AND DURING THE PERIOD JULY
1, 2018 TO JUNE 30, 2019 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 physician or dentist for
whom a policy for excess insurance coverage or equivalent excess cover-
age is purchased for such period shall be responsible for payment to the
provider of excess insurance coverage or equivalent excess coverage of
an allocable share of such insufficiency, based on the ratio of the
total cost of such coverage for such physician to the sum of the total
cost of such coverage for all physicians applied to such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, 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, OR COVERING THE PERIOD JULY 1, 2018 TO
JUNE 30, 2019 shall notify a covered physician or dentist by mail,
mailed to the address shown on the last application for excess insurance
coverage or equivalent excess coverage, of the amount due to such
provider from such physician or dentist for such coverage period deter-
mined in accordance with paragraph (a) of this subdivision. Such amount
shall be due from such physician or dentist to such provider of excess
insurance coverage or equivalent excess coverage in a time and manner
determined by the superintendent of 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,
S. 7507--C 33 A. 9507--C
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, OR COVERING THE PERIOD JULY 1, 2018 TO JUNE 30,
2019 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 coverage or equiv-
alent excess coverage purchased for such physician or dentist in accord-
ance 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, OR COVERING THE PERI-
OD JULY 1, 2018 TO JUNE 30, 2019 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
S. 7507--C 34 A. 9507--C
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, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, AND TO THE PERIOD JULY 1,
2018 TO JUNE 30, 2019 received from the hospital excess liability pool
for purchase of excess insurance coverage or equivalent excess coverage
covering the period July 1, 1992 to June 30, 1993, and covering the
period July 1, 1993 to June 30, 1994, and 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 cover-
ing the period July 1, 1997 to June 30, 1998, and covering the period
July 1, 1998 to June 30, 1999, and covering the period July 1, 1999 to
June 30, 2000, and covering the period July 1, 2000 to June 30, 2001,
and covering the period July 1, 2001 to October 29, 2001, and covering
the period April 1, 2002 to June 30, 2002, and covering the period July
1, 2002 to June 30, 2003, and covering the period July 1, 2003 to June
30, 2004, and covering the period July 1, 2004 to June 30, 2005, and
covering the period July 1, 2005 to June 30, 2006, and covering the
period July 1, 2006 to June 30, 2007, and 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 cover-
ing the period July 1, 2010 to June 30, 2011, and covering the period
July 1, 2011 to June 30, 2012, and covering the period July 1, 2012 to
June 30, 2013, and covering the period July 1, 2013 to June 30, 2014,
and covering the period July 1, 2014 to June 30, 2015, 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, AND COVERING THE PERIOD JULY 1, 2018 TO JUNE 30, 2019 for a physi-
cian or dentist where such excess insurance coverage or equivalent
excess coverage is cancelled in accordance with paragraph (c) of this
subdivision.
§ 4. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
professional medical conduct, as amended by section 18 of part H of
chapter 57 of the laws of 2017, 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,
[2018] 2019; 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
S. 7507--C 35 A. 9507--C
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, [2018]
2019, 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, [2018]
2019 policy periods; in the event and to the extent physicians and
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health 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.
§ 5. 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, relating to the effec-
S. 7507--C 36 A. 9507--C
tiveness of certain provisions of such chapter, as amended by section 19
of part H of chapter 57 of the laws of 2017, 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, June 15, 2017, [and]
June 15, 2018, AND JUNE 15, 2019 the amount of funds available in the
hospital excess liability pool, created pursuant to section 18 of chap-
ter 266 of the laws of 1986, and whether such funds are sufficient for
purposes of purchasing excess insurance coverage for eligible partic-
ipating 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 [to] July 1, 2017 to June 30,
2018, OR JULY 1, 2018 TO JUNE 30, 2019 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, OR JULY 1, 2018 TO JUNE 30, 2019 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, June 15, 2017, [and] June 15, 2018, AND JUNE 15,
2019 as applicable.
S. 7507--C 37 A. 9507--C
§ 6. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, is amended to read as follows:
§ 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] EIGHTEEN, shall be eligible to apply for such
coverage for the coverage period beginning the first of July, two thou-
sand [seventeen] EIGHTEEN; 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] EIGHTEEN exceeds the total number of
physicians or dentists certified as eligible for the coverage period
beginning the first of July, two thousand [seventeen] EIGHTEEN, then the
general hospitals may certify additional eligible physicians or dentists
in a number equal to such general hospital's proportional share of the
total number of physicians or dentists for whom excess coverage or
equivalent excess coverage was purchased with funds available in the
hospital excess liability pool as of the thirtieth of June, two thousand
[seventeen] EIGHTEEN, as applied to the difference between the number of
eligible physicians or dentists for whom a policy for excess coverage or
equivalent excess coverage was purchased for the coverage period ending
the thirtieth of June, two thousand [seventeen] EIGHTEEN 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] EIGHTEEN.
§ 7. This act shall take effect immediately.
PART N
Section 1. The opening paragraph of subdivision 1 of section 1 of part
C of chapter 57 of the laws of 2006, establishing a cost of living
adjustment for designated human services, is amended to read as follows:
Subject to available appropriations, the commissioners of the office
of mental health, office of mental retardation and developmental disa-
bilities, office of alcoholism and substance abuse services, [department
of health,] office of children and family services and the state office
for the aging shall establish an annual cost of living adjustment
(COLA), subject to the approval of the director of the budget, effective
April first of each state fiscal year, provided, however, that in state
fiscal year 2006-07, the cost of living adjustment will be effective
October first, to project for the effects of inflation, for rates of
payments, contracts or any other form of reimbursement for the programs
listed in paragraphs (i), (ii), (iii), (iv)[,] AND (v) [and (vi)] of
subdivision four of this section. The COLA shall be applied to the
appropriate portion of reimbursable costs or contract amounts.
§ 2. Paragraph (iv) of subdivision 4 of section 1 of part C of chapter
57 of the laws of 2006, establishing a cost of living adjustment for
designated human services, is REPEALED and paragraphs (v) and (vi) are
renumbered paragraphs (iv) and (v).
§ 3. This act shall take effect immediately.
PART O
S. 7507--C 38 A. 9507--C
Intentionally Omitted
PART P
Intentionally Omitted
PART Q
Section 1. The public health law is amended by adding a new section
2825-f to read as follows:
§ 2825-F. HEALTH CARE FACILITY TRANSFORMATION PROGRAM: STATEWIDE III.
1. A STATEWIDE HEALTH CARE FACILITY TRANSFORMATION PROGRAM IS HEREBY
ESTABLISHED UNDER THE JOINT ADMINISTRATION OF THE COMMISSIONER AND THE
PRESIDENT OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK FOR THE
PURPOSE OF STRENGTHENING AND PROTECTING CONTINUED ACCESS TO HEALTH CARE
SERVICES IN COMMUNITIES. THE PROGRAM SHALL PROVIDE FUNDING IN SUPPORT OF
CAPITAL PROJECTS, DEBT RETIREMENT, WORKING CAPITAL OR OTHER NON-CAPITAL
PROJECTS THAT FACILITATE HEALTH CARE TRANSFORMATION ACTIVITIES INCLUD-
ING, BUT NOT LIMITED TO, MERGER, CONSOLIDATION, ACQUISITION OR OTHER
ACTIVITIES INTENDED TO: (A) CREATE FINANCIALLY SUSTAINABLE SYSTEMS OF
CARE; (B) PRESERVE OR EXPAND ESSENTIAL HEALTH CARE SERVICES; (C) MODERN-
IZE OBSOLETE FACILITY PHYSICAL PLANTS AND INFRASTRUCTURE; (D) FOSTER
PARTICIPATION IN ALTERNATIVE PAYMENT ARRANGEMENTS INCLUDING, BUT NOT
LIMITED TO, CONTRACTS WITH MANAGED CARE PLANS AND ACCOUNTABLE CARE
ORGANIZATIONS; (E) FOR RESIDENTIAL HEALTH CARE FACILITIES, INCREASE THE
QUALITY OF RESIDENT CARE OR EXPERIENCE; OR (F) IMPROVE HEALTH INFORMA-
TION TECHNOLOGY INFRASTRUCTURE, INCLUDING TELEHEALTH, TO STRENGTHEN THE
ACUTE, POST-ACUTE AND LONG-TERM CARE CONTINUUM. GRANTS SHALL NOT BE
AVAILABLE TO SUPPORT GENERAL OPERATING EXPENSES. THE ISSUANCE OF ANY
BONDS OR NOTES HEREUNDER SHALL BE SUBJECT TO SECTION SIXTEEN HUNDRED
EIGHTY-R OF THE PUBLIC AUTHORITIES LAW AND THE APPROVAL OF THE DIRECTOR
OF THE DIVISION OF THE BUDGET, AND ANY PROJECTS FUNDED THROUGH THE ISSU-
ANCE OF BONDS OR NOTES HEREUNDER SHALL BE APPROVED BY THE NEW YORK STATE
PUBLIC AUTHORITIES CONTROL BOARD, AS REQUIRED UNDER SECTION FIFTY-ONE OF
THE PUBLIC AUTHORITIES LAW.
2. THE COMMISSIONER AND THE PRESIDENT OF THE DORMITORY AUTHORITY SHALL
ENTER INTO AN AGREEMENT, SUBJECT TO APPROVAL BY THE DIRECTOR OF THE
BUDGET, AND SUBJECT TO SECTION SIXTEEN HUNDRED EIGHTY-R OF THE PUBLIC
AUTHORITIES LAW, FOR THE PURPOSES OF AWARDING, DISTRIBUTING, AND ADMIN-
ISTERING THE FUNDS MADE AVAILABLE PURSUANT TO THIS SECTION. SUCH FUNDS
MAY BE DISTRIBUTED BY THE COMMISSIONER FOR GRANTS TO GENERAL HOSPITALS,
RESIDENTIAL HEALTH CARE FACILITIES, ADULT CARE FACILITIES LICENSED UNDER
TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW, DIAGNOSTIC AND
TREATMENT CENTERS AND CLINICS LICENSED PURSUANT TO THIS CHAPTER OR THE
MENTAL HYGIENE LAW, CHILDREN'S RESIDENTIAL TREATMENT FACILITIES LICENSED
PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW, ASSISTED
LIVING PROGRAMS APPROVED BY THE DEPARTMENT PURSUANT TO SECTION FOUR
HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW, AND COMMUNITY-BASED
HEALTH CARE PROVIDERS AS DEFINED IN SUBDIVISION THREE OF THIS SECTION
FOR GRANTS IN SUPPORT OF THE PURPOSES SET FORTH IN THIS SECTION. A COPY
OF SUCH AGREEMENT, AND ANY AMENDMENTS THERETO, SHALL BE PROVIDED TO THE
CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
AND MEANS COMMITTEE, AND THE DIRECTOR OF THE DIVISION OF THE BUDGET NO
LATER THAN THIRTY DAYS PRIOR TO THE RELEASE OF A REQUEST FOR APPLICA-
TIONS FOR FUNDING UNDER THIS PROGRAM. PROJECTS AWARDED, IN WHOLE OR
PART, UNDER SECTIONS TWENTY-EIGHT HUNDRED TWENTY-FIVE-A AND TWENTY-EIGHT
S. 7507--C 39 A. 9507--C
HUNDRED TWENTY-FIVE-B OF THIS ARTICLE SHALL NOT BE ELIGIBLE FOR GRANTS
OR AWARDS MADE AVAILABLE UNDER THIS SECTION.
3. NOTWITHSTANDING SECTION ONE HUNDRED SIXTY-THREE OF THE STATE
FINANCE LAW OR ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, UP TO
FOUR HUNDRED SEVENTY-FIVE MILLION DOLLARS OF THE FUNDS APPROPRIATED FOR
THIS PROGRAM SHALL BE AWARDED WITHOUT A COMPETITIVE BID OR REQUEST FOR
PROPOSAL PROCESS FOR GRANTS TO HEALTH CARE PROVIDERS (HEREAFTER "APPLI-
CANTS"). PROVIDED, HOWEVER, THAT A MINIMUM OF: (A) SIXTY MILLION DOLLARS
OF TOTAL AWARDED FUNDS SHALL BE MADE TO COMMUNITY-BASED HEALTH CARE
PROVIDERS, WHICH FOR PURPOSES OF THIS SECTION SHALL BE DEFINED AS A
DIAGNOSTIC AND TREATMENT CENTER LICENSED OR GRANTED AN OPERATING CERTIF-
ICATE UNDER THIS ARTICLE; A MENTAL HEALTH CLINIC LICENSED OR GRANTED AN
OPERATING CERTIFICATE UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE
LAW; A SUBSTANCE USE DISORDER TREATMENT CLINIC LICENSED OR GRANTED AN
OPERATING CERTIFICATE UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE
LAW; A PRIMARY CARE PROVIDER; A CLINIC LICENSED OR GRANTED AN OPERATING
CERTIFICATE UNDER ARTICLE SIXTEEN OF THE MENTAL HYGIENE LAW; A HOME CARE
PROVIDER CERTIFIED OR LICENSED PURSUANT TO ARTICLE THIRTY-SIX OF THIS
CHAPTER; OR HOSPICES LICENSED OR GRANTED AN OPERATING CERTIFICATE PURSU-
ANT TO ARTICLE FORTY OF THIS CHAPTER AND (B) FORTY-FIVE MILLION DOLLARS
OF THE TOTAL AWARDED FUNDS SHALL BE MADE TO RESIDENTIAL HEALTH CARE
FACILITIES.
4. NOTWITHSTANDING ANY INCONSISTENT SUBDIVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER, WITH THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY EXPEND UP TO TWENTY MILLION
DOLLARS OF THE FUNDS APPROPRIATED FOR THIS PROGRAM PURSUANT TO SUBDIVI-
SION THREE OF THIS SECTION, NOT INCLUDING FUNDS DEDICATED FOR COMMUNI-
TY-BASED HEALTH CARE PROVIDERS UNDER PARAGRAPH (A) OF SUCH SUBDIVISION
OR FOR RESIDENTIAL HEALTH CARE FACILITIES UNDER PARAGRAPH (B) OF SUCH
SUBDIVISION, FOR AWARDS MADE PURSUANT TO PARAGRAPH (L) OF SUBDIVISION
THREE OF SECTION FOUR HUNDRED SIXTY-ONE-L OF THE SOCIAL SERVICES LAW,
PROVIDED THAT FUNDING SHALL BE PRIORITIZED FOR AWARDS MADE PURSUANT TO
SUBPARAGRAPH (I) OF SUCH PARAGRAPH, WITH REMAINING FUNDING AVAILABLE FOR
AWARDS MADE PURSUANT TO SUBPARAGRAPHS (II) AND (III) OF SUCH PARAGRAPH.
5. IN DETERMINING AWARDS FOR ELIGIBLE APPLICANTS UNDER THIS SECTION,
THE COMMISSIONER SHALL CONSIDER CRITERIA INCLUDING, BUT NOT LIMITED TO:
(A) THE EXTENT TO WHICH THE PROPOSED PROJECT WILL CONTRIBUTE TO THE
INTEGRATION OF HEALTH CARE SERVICES OR THE LONG TERM SUSTAINABILITY OF
THE APPLICANT OR PRESERVATION OF ESSENTIAL HEALTH SERVICES IN THE COMMU-
NITY OR COMMUNITIES SERVED BY THE APPLICANT;
(B) THE EXTENT TO WHICH THE PROPOSED PROJECT OR PURPOSE IS ALIGNED
WITH DELIVERY SYSTEM REFORM INCENTIVE PAYMENT ("DSRIP") PROGRAM GOALS
AND OBJECTIVES;
(C) THE GEOGRAPHIC DISTRIBUTION OF FUNDS;
(D) THE RELATIONSHIP BETWEEN THE PROPOSED PROJECT AND IDENTIFIED
COMMUNITY NEED;
(E) THE EXTENT TO WHICH THE APPLICANT HAS ACCESS TO ALTERNATIVE
FINANCING;
(F) THE EXTENT TO WHICH THE PROPOSED PROJECT FURTHERS THE DEVELOPMENT
OF PRIMARY CARE AND OTHER OUTPATIENT SERVICES;
(G) THE EXTENT TO WHICH THE PROPOSED PROJECT BENEFITS MEDICAID ENROL-
LEES AND UNINSURED INDIVIDUALS;
(H) THE EXTENT TO WHICH THE APPLICANT HAS ENGAGED THE COMMUNITY
AFFECTED BY THE PROPOSED PROJECT AND THE MANNER IN WHICH COMMUNITY
ENGAGEMENT HAS SHAPED SUCH PROJECT; AND
S. 7507--C 40 A. 9507--C
(I) THE EXTENT TO WHICH THE PROPOSED PROJECT ADDRESSES POTENTIAL RISK
TO PATIENT SAFETY AND WELFARE.
6. DISBURSEMENT OF AWARDS MADE PURSUANT TO THIS SECTION SHALL BE
CONDITIONED ON THE AWARDEE ACHIEVING CERTAIN PROCESS AND PERFORMANCE
METRICS AND MILESTONES AS DETERMINED IN THE SOLE DISCRETION OF THE
COMMISSIONER. SUCH METRICS AND MILESTONES SHALL BE STRUCTURED TO ENSURE
THAT THE GOALS OF THE PROJECT ARE ACHIEVED, AND SUCH METRICS AND MILE-
STONES SHALL BE INCLUDED IN GRANT DISBURSEMENT AGREEMENTS OR OTHER
CONTRACTUAL DOCUMENTS AS REQUIRED BY THE COMMISSIONER.
7. THE DEPARTMENT SHALL PROVIDE A REPORT ON A QUARTERLY BASIS TO THE
CHAIRS OF THE SENATE FINANCE, ASSEMBLY WAYS AND MEANS, AND SENATE AND
ASSEMBLY HEALTH COMMITTEES, UNTIL SUCH TIME AS THE DEPARTMENT DETERMINES
THAT THE PROJECTS THAT RECEIVE FUNDING PURSUANT TO THIS SECTION ARE
SUBSTANTIALLY COMPLETE. SUCH REPORTS SHALL BE SUBMITTED NO LATER THAN
SIXTY DAYS AFTER THE CLOSE OF THE QUARTER, AND SHALL INCLUDE, FOR EACH
AWARD, THE NAME OF THE APPLICANT, A DESCRIPTION OF THE PROJECT OR
PURPOSE, THE AMOUNT OF THE AWARD, DISBURSEMENT DATE, AND STATUS OF
ACHIEVEMENT OF PROCESS AND PERFORMANCE METRICS AND MILESTONES PURSUANT
TO SUBDIVISION SIX OF THIS SECTION.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2018.
PART R
Intentionally Omitted
PART S
Section 1. This Part enacts into law major components of legislation
which are necessary to effectuate recommendations made as part of the
Regulatory Modernization Initiative undertaken by the Department of
Health. Each component is wholly contained within a Subpart identified
as Subparts A through C. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subpart, 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 corre-
sponding section of the Subpart in which it is found. Section three of
this Part sets forth the general effective date of this Part.
SUBPART A
Intentionally omitted.
SUBPART B
Section 1. Subdivision 1 of section 2801 of the public health law, as
amended by chapter 397 of the laws of 2016, is amended to read as
follows:
1. "Hospital" means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary, of a dentist, or, in the
case of a midwifery birth center, of a midwife, for the prevention,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, including, but not limited to, a general hospital,
S. 7507--C 41 A. 9507--C
public health center, diagnostic center, treatment center, dental clin-
ic, dental dispensary, rehabilitation center other than a facility used
solely for vocational rehabilitation, nursing home, tuberculosis hospi-
tal, chronic disease hospital, maternity hospital, midwifery birth
center, lying-in-asylum, out-patient department, out-patient lodge,
dispensary and a laboratory or central service facility serving one or
more such institutions, but the term hospital shall not include an
institution, sanitarium or other facility engaged principally in provid-
ing services for the prevention, diagnosis or treatment of mental disa-
bility and which is subject to the powers of visitation, examination,
inspection and investigation of the department of mental hygiene except
for those distinct parts of such a facility which provide hospital
service. The provisions of this article shall not apply to a facility or
institution engaged principally in providing services by or under the
supervision of the bona fide members and adherents of a recognized reli-
gious organization whose teachings include reliance on spiritual means
through prayer alone for healing in the practice of the religion of such
organization and where services are provided in accordance with those
teachings. NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW
SHALL BE CONSTRUED TO: (A) LIMIT THE VOLUME OF MENTAL HEALTH OR
SUBSTANCE USE DISORDER SERVICES THAT CAN BE PROVIDED BY A PROVIDER OF
PRIMARY CARE SERVICES LICENSED UNDER THIS ARTICLE AND AUTHORIZED TO
PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF
MENTAL HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES, INCLUDING REGULATIONS ISSUED PURSUANT TO
SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL
SERVICES LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND
TWELVE; (B) REQUIRE A PROVIDER LICENSED PURSUANT TO ARTICLE THIRTY-ONE
OF THE MENTAL HYGIENE LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-TWO OF
THE MENTAL HYGIENE LAW TO OBTAIN AN OPERATING CERTIFICATE FROM THE
DEPARTMENT IF SUCH PROVIDER HAS BEEN AUTHORIZED TO PROVIDE INTEGRATED
SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER IN
CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH AND
THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, INCLUDING REGULATIONS ISSUED PURSUANT TO SUBDIVISION SEVEN OF
SECTION THREE HUNDRED SIXTY-FIVE-L OF THE SOCIAL SERVICES LAW OR PART L
OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE.
§ 2. Section 31.02 of the mental hygiene law is amended by adding a
new subdivision (f) to read as follows:
(F) NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL
BE CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO ARTICLE TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW OR CERTIFIED PURSUANT TO ARTICLE THIRTY-
TWO OF THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE
OF MENTAL HEALTH IF SUCH PROVIDER HAS BEEN AUTHORIZED TO PROVIDE INTE-
GRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSION-
ER OF THE OFFICE OF MENTAL HEALTH IN CONSULTATION WITH THE COMMISSIONER
OF THE DEPARTMENT OF HEALTH AND THE COMMISSIONER OF THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES, INCLUDING REGULATIONS ISSUED PURSU-
ANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L OF THE
SOCIAL SERVICES LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF TWO
THOUSAND TWELVE.
§ 3. Subdivision (b) of section 32.05 of the mental hygiene law, as
amended by chapter 204 of the laws of 2007, is amended to read as
follows:
S. 7507--C 42 A. 9507--C
(b) (I) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be adminis-
tered to an addict, as defined in section thirty-three hundred two of
the public health law, by individual physicians, groups of physicians
and public or private medical facilities certified pursuant to article
twenty-eight or thirty-three of the public health law as part of a chem-
ical dependence program which has been issued an operating certificate
by the commissioner pursuant to subdivision (b) of section 32.09 of this
article, provided, however, that such administration must be done in
accordance with all applicable federal and state laws and regulations.
Individual physicians or groups of physicians who have obtained authori-
zation from the federal government to administer buprenorphine to
addicts may do so without obtaining an operating certificate from the
commissioner. (II) NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION
OF LAW SHALL BE CONSTRUED TO REQUIRE A PROVIDER LICENSED PURSUANT TO
ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR ARTICLE THIRTY-ONE OF
THIS CHAPTER TO OBTAIN AN OPERATING CERTIFICATE FROM THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES IF SUCH PROVIDER HAS BEEN AUTHORIZED
TO PROVIDE INTEGRATED SERVICES IN ACCORDANCE WITH REGULATIONS ISSUED BY
THE COMMISSIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES IN CONSULTA-
TION WITH THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND THE COMMIS-
SIONER OF THE OFFICE OF MENTAL HEALTH, INCLUDING REGULATIONS ISSUED
PURSUANT TO SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-FIVE-L OF
THE SOCIAL SERVICES LAW OR PART L OF CHAPTER FIFTY-SIX OF THE LAWS OF
TWO THOUSAND TWELVE.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner of
the department of health, the commissioner of the office of mental
health, and the commissioner of the office of alcoholism and substance
abuse services are authorized to issue any rule or regulation necessary
for the implementation of this act on or before its effective date.
SUBPART C
Section 1. Paragraphs (q), (s) and (t) of subdivision 2 of section
2999-cc of the public health law, as amended by chapter 454 of the laws
of 2015, are amended and two new paragraphs (u) and (v) are added to
read as follows:
(q) a hospital as defined in article twenty-eight of this chapter,
INCLUDING RESIDENTIAL HEALTH CARE FACILITIES SERVING SPECIAL NEEDS POPU-
LATIONS;
(s) a hospice as defined in article forty of this chapter; [and]
(t) CREDENTIALED ALCOHOLISM AND SUBSTANCE ABUSE COUNSELORS CREDEN-
TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR BY A
CREDENTIALING ENTITY APPROVED BY SUCH OFFICE PURSUANT TO SECTION 19.07
OF THE MENTAL HYGIENE LAW;
(U) PROVIDERS AUTHORIZED TO PROVIDE SERVICES AND SERVICE COORDINATION
UNDER THE EARLY INTERVENTION PROGRAM PURSUANT TO ARTICLE TWENTY-FIVE OF
THIS CHAPTER;
(V) CLINICS LICENSED OR CERTIFIED UNDER ARTICLE SIXTEEN OF THE MENTAL
HYGIENE LAW AND CERTIFIED AND NON-CERTIFIED DAY AND RESIDENTIAL PROGRAMS
FUNDED OR OPERATED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES; AND
(W) any other provider as determined by the commissioner pursuant to
regulation OR, IN CONSULTATION WITH THE COMMISSIONER, BY THE COMMISSION-
ER OF THE OFFICE OF MENTAL HEALTH, THE COMMISSIONER OF THE OFFICE OF
S. 7507--C 43 A. 9507--C
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, OR THE COMMISSIONER OF THE
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES PURSUANT TO
REGULATION.
§ 2. Subdivision 3 of section 2999-cc of the public health law, as
separately amended by chapters 238 and 285 of the laws of 2017, is
amended to read as follows:
3. "Originating site" means a site at which a patient is located at
the time health care services are delivered to him or her by means of
telehealth. Originating sites shall be limited to: (A) facilities
licensed under articles twenty-eight and forty of this chapter[,]; (B)
facilities as defined in subdivision six of section 1.03 of the mental
hygiene law[,]; (C) CERTIFIED AND NON-CERTIFIED DAY AND RESIDENTIAL
PROGRAMS FUNDED OR OPERATED BY THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES; (D) private physician's or dentist's offices located with-
in the state of New York[,]; (E) any type of adult care facility
licensed under title two of article seven of the social services law[,];
(F) public, private and charter elementary and secondary schools, school
age child care programs, and child day care centers within the state of
New York; and[, when a patient is receiving health care services by
means of remote patient monitoring,] (G) the patient's place of resi-
dence located within the state of New York or other temporary location
located within or outside the state of New York.
§ 3. Subdivision 7 of section 2999-cc of the public health, as added
by chapter 6 of the laws of 2015, is amended to read as follows:
7. "Remote patient monitoring" means the use of synchronous or asyn-
chronous electronic information and communication technologies to
collect personal health information and medical data from a patient at
an originating site that is transmitted to a telehealth provider at a
distant site for use in the treatment and management of medical condi-
tions that require frequent monitoring. SUCH TECHNOLOGIES MAY INCLUDE
ADDITIONAL INTERACTION TRIGGERED BY PREVIOUS TRANSMISSIONS, SUCH AS
INTERACTIVE QUERIES CONDUCTED THROUGH COMMUNICATION TECHNOLOGIES OR BY
TELEPHONE. Such conditions shall include, but not be limited to, conges-
tive heart failure, diabetes, chronic obstructive pulmonary disease,
wound care, polypharmacy, mental or behavioral problems, and technolo-
gy-dependent care such as continuous oxygen, ventilator care, total
parenteral nutrition or enteral feeding. Remote patient monitoring
shall be ordered by a physician licensed pursuant to article one hundred
thirty-one of the education law, a nurse practitioner licensed pursuant
to article one hundred thirty-nine of the education law, or a midwife
licensed pursuant to article one hundred forty of the education law,
with which the patient has a substantial and ongoing relationship.
§ 4. Section 2999-dd of the public health law, as added by chapter 6
of the laws of 2015, is amended to read as follows:
§ 2999-dd. Telehealth delivery of services. 1. Health care services
delivered by means of telehealth shall be entitled to reimbursement
under section three hundred sixty-seven-u of the social services law.
2. THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AND THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES SHALL COORDINATE ON THE ISSUANCE OF A
SINGLE GUIDANCE DOCUMENT, TO BE UPDATED AS APPROPRIATE, THAT SHALL: (A)
IDENTIFY ANY DIFFERENCES IN REGULATIONS OR POLICIES ISSUED BY THE AGEN-
CIES, INCLUDING WITH RESPECT TO REIMBURSEMENT PURSUANT TO SECTION THREE
HUNDRED SIXTY-SEVEN-U OF THE SOCIAL SERVICES LAW; AND (B) BE DESIGNED TO
ASSIST CONSUMERS, PROVIDERS, AND HEALTH PLANS IN UNDERSTANDING AND
S. 7507--C 44 A. 9507--C
FACILITATING THE APPROPRIATE USE OF TELEHEALTH IN ADDRESSING BARRIERS TO
CARE.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the commissioner of the
department of health, the commissioner of the office of mental health,
the commissioner of the office of alcoholism and substance abuse
services, and the commissioner of the office for people with develop-
mental disabilities are authorized and directed to issue, amend and/or
repeal any rule or regulation necessary for the implementation of this
act on or before its effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart 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 subpart thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART T
Section 1. Subdivision (a) of section 31 of part B of chapter 59 of
the laws of 2016, amending the social services law and other laws relat-
ing to authorizing the commissioner of health to apply federally estab-
lished consumer price index penalties for generic drugs, and authorizing
the commissioner of health to impose penalties on managed care plans for
reporting late or incorrect encounter data, is amended to read as
follows:
(a) section eleven of this act shall expire and be deemed repealed
March 31, [2018] 2020;
§ 2. Subdivision 6-a of section 93 of part C of chapter 58 of the laws
of 2007, amending the social services law and other laws relating to
adjustments of rates, as amended by section 20 of part B of chapter 56
of the laws of 2013, is amended to read as follows:
6-a. section fifty-seven of this act shall expire and be deemed
repealed on [December 31, 2018] MARCH 31, 2023; provided that the amend-
ments made by such section to subdivision 4 of section 366-c of the
social services law shall apply with respect to determining initial and
continuing eligibility for medical assistance, including the continued
eligibility of recipients originally determined eligible prior to the
effective date of this act, and provided further that such amendments
shall not apply to any person or group of persons if it is subsequently
determined by the Centers for Medicare and Medicaid services or by a
court of competent jurisdiction that medical assistance with federal
financial participation is available for the costs of services provided
to such person or persons under the provisions of subdivision 4 of
section 366-c of the social services law in effect immediately prior to
the effective date of this act.
§ 3. Section 2 of part II of chapter 54 of the laws of 2016, amending
part C of chapter 58 of the laws of 2005 relating to authorizing
reimbursements for expenditures made by or on behalf of social services
S. 7507--C 45 A. 9507--C
districts for medical assistance for needy persons and administration
thereof, is amended to read as follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed [two years after it shall have become a law] MARCH 31,
2020.
§ 4. Section 3 of chapter 906 of the laws of 1984, amending the social
services law relating to expanding medical assistance eligibility and
the scope of services available to certain persons with disabilities, as
amended by section 25-a of part B of chapter 56 of the laws of 2013, is
amended to read as follows:
§ 3. This act shall take effect on the thirtieth day after it shall
have become a law and shall be of no further force and effect after
[December 31, 2018] MARCH 31, 2023, at which time the provisions of this
act shall be deemed to be repealed.
§ 5. 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 9
of part I of chapter 57 of the laws of 2017, 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, [2019] 2017 through March 31, 2019, for inpa-
tient and outpatient services provided by general hospitals, for inpa-
tient 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 agencies,
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, 2018, AND 2019 calendar
[year] YEARS 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, 2018, AND
2019 calendar [year] YEARS shall also be applied to rates of payment
provided on and after January 1, [2019] 2017 through March 31, 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 pursu-
ant to a rate-setting exemption issued by the commissioner of health to
such local social services districts in accordance with applicable regu-
lations[,]; and provided further, however, that for rates of payment for
assisted living program services provided on and after January 1, [2019]
2017 through March 31, 2019, such trend factors attributable to the
2017, 2018, AND 2019 calendar [year] YEARS shall be established at no
greater than zero percent.
§ 5-a. Paragraph (e) of subdivision 7 of section 367-a of the social
services law, as added by section 1 of part B of chapter 57 of the laws
of 2015, the opening paragraph as amended by section 12 and subparagraph
(iv) as amended by section 13 of part B of chapter 59 of the laws of
2016, is amended to read as follows:
S. 7507--C 46 A. 9507--C
(e) During the period from April first, two thousand fifteen through
March thirty-first, two thousand [seventeen,] TWENTY, the commissioner
may, in lieu of a managed care provider, negotiate directly and enter
into an agreement with a pharmaceutical manufacturer for the provision
of supplemental rebates relating to pharmaceutical utilization by enrol-
lees of managed care providers pursuant to section three hundred sixty-
four-j of this title and may also negotiate directly and enter into such
an agreement relating to pharmaceutical utilization by medical assist-
ance recipients not so enrolled. Such rebates shall be limited to drug
utilization in the following classes: antiretrovirals approved by the
FDA for the treatment of HIV/AIDS and hepatitis C agents for which the
pharmaceutical manufacturer has in effect a rebate agreement with the
federal secretary of health and human services pursuant to 42 U.S.C. §
1396r-8, and for which the state has established standard clinical
criteria. No agreement entered into pursuant to this paragraph shall
have an initial term or be extended beyond [March thirty-first, two
thousand twenty] THE EXPIRATION OR REPEAL OF THIS PARAGRAPH.
(i) The manufacturer shall not pay supplemental rebates to a managed
care provider, or any of a managed care provider's agents, including but
not limited to any pharmacy benefit manager on the two classes of drugs
subject to this paragraph when the state is collecting supplemental
rebates and standard clinical criteria are imposed on the managed care
provider.
(ii) The commissioner shall establish adequate rates of reimbursement
which shall take into account both the impact of the commissioner nego-
tiating such rebates and any limitations imposed on the managed care
provider's ability to establish clinical criteria relating to the utili-
zation of such drugs. In developing the managed care provider's
reimbursement rate, the commissioner shall identify the amount of
reimbursement for such drugs as a separate and distinct component from
the reimbursement otherwise made for prescription drugs as prescribed by
this section.
(iii) The commissioner shall submit a report to the temporary presi-
dent of the senate and the speaker of the assembly annually by December
thirty-first. The report shall analyze the adequacy of rates to managed
care providers for drug expenditures related to the classes under this
paragraph.
(iv) Nothing in this paragraph shall be construed to require a pharma-
ceutical manufacturer to enter into a supplemental rebate agreement with
the commissioner relating to pharmaceutical utilization by enrollees of
managed care providers pursuant to section three hundred sixty-four-j of
this title or relating to pharmaceutical utilization by medical assist-
ance recipients not so enrolled.
(v) All clinical criteria, including requirements for prior approval,
and all utilization review determinations established by the state as
described in this paragraph for either of the drug classes subject to
this paragraph shall be developed using evidence-based and peer-reviewed
clinical review criteria in accordance with article two-A of the public
health law, as applicable.
(vi) All prior authorization and utilization review determinations
related to the coverage of any drug subject to this paragraph shall be
subject to article forty-nine of the public health law, section three
hundred sixty-four-j of this title, and article forty-nine of the insur-
ance law, as applicable. Nothing in this paragraph shall diminish any
rights relating to access, prior authorization, or appeal relating to
S. 7507--C 47 A. 9507--C
any drug class or drug afforded to a recipient under any other provision
of law.
§ 5-b. Subdivision 1 of section 60 of part B of chapter 57 of the laws
of 2015, amending the social services law and other laws relating to
supplemental rebates, is amended and a new subdivision 1-a is added to
read as follows:
1. [sections] SECTION one [and fifty-two] of this act shall expire
and be deemed repealed March 31, [2020] 2023;
1-A. SECTION FIFTY-TWO OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED
MARCH 31, 2020;
§ 5-c. Subparagraph (ii) of paragraph (c) of subdivision 11 of section
230 of the public health law, as amended by section 24 of part B of
chapter 56 of the laws of 2013, is amended to read as follows:
(ii) Participation and membership during a three year demonstration
period in a physician committee of the Medical Society of the State of
New York or the New York State Osteopathic Society whose purpose is to
confront and refer to treatment physicians who are thought to be suffer-
ing from alcoholism, drug abuse, or mental illness. Such demonstration
period shall commence on April first, nineteen hundred eighty and termi-
nate on May thirty-first, nineteen hundred eighty-three. An additional
demonstration period shall commence on June first, nineteen hundred
eighty-three and terminate on March thirty-first, nineteen hundred
eighty-six. An additional demonstration period shall commence on April
first, nineteen hundred eighty-six and terminate on March thirty-first,
nineteen hundred eighty-nine. An additional demonstration period shall
commence April first, nineteen hundred eighty-nine and terminate March
thirty-first, nineteen hundred ninety-two. An additional demonstration
period shall commence April first, nineteen hundred ninety-two and
terminate March thirty-first, nineteen hundred ninety-five. An addi-
tional demonstration period shall commence on April first, nineteen
hundred ninety-five and terminate on March thirty-first, nineteen
hundred ninety-eight. An additional demonstration period shall commence
on April first, nineteen hundred ninety-eight and terminate on March
thirty-first, two thousand three. An additional demonstration period
shall commence on April first, two thousand three and terminate on March
thirty-first, two thousand thirteen. An additional demonstration period
shall commence April first, two thousand thirteen and terminate on March
thirty-first, two thousand eighteen. AN ADDITIONAL DEMONSTRATION PERIOD
SHALL COMMENCE APRIL FIRST, TWO THOUSAND EIGHTEEN AND TERMINATE ON MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-THREE provided, however, that the
commissioner may prescribe requirements for the continuation of such
demonstration program, including periodic reviews of such programs and
submission of any reports and data necessary to permit such reviews.
During these additional periods, the provisions of this subparagraph
shall also apply to a physician committee of a county medical society.
§ 6. This act shall take effect immediately; provided, however, that
the amendments to paragraph (e) of subdivision 7 of section 367-a of the
social services law made by section five-a of this act shall not affect
the repeal of such paragraph and shall be deemed repealed therewith; and
provided, further, however that the amendments to subparagraph (ii) of
paragraph (c) of subdivision 11 of section 230 of the public health law
made by section five-c of this act shall not affect the expiration of
such subparagraph and shall be deemed to expire therewith.
PART U
S. 7507--C 48 A. 9507--C
Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
amending the mental hygiene law relating to clarifying the authority of
the commissioners in the department of mental hygiene to design and
implement time-limited demonstration programs, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2018] 2021.
§ 2. This act shall take effect immediately.
PART V
Section 1. Section 7 of part R2 of chapter 62 of the laws of 2003,
amending the mental hygiene law and the state finance law relating to
the community mental health support and workforce reinvestment program,
the membership of subcommittees for mental health of community services
boards and the duties of such subcommittees and creating the community
mental health and workforce reinvestment account, as amended by section
3 of part G of chapter 60 of the laws of 2014, is amended to read as
follows:
§ 7. This act shall take effect immediately and shall expire March 31,
[2018] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART W
Intentionally Omitted
PART X
Section 1. Section 3 of part A of chapter 111 of the laws of 2010,
amending the mental hygiene law relating to the receipt of federal and
state benefits received by individuals receiving care in facilities
operated by an office of the department of mental hygiene, as amended by
section 1 of part LL of chapter 58 of the laws of 2015, is amended to
read as follows:
§ 3. This act shall take effect immediately; and shall expire and be
deemed repealed June 30, [2018] 2021.
§ 2. This act shall take effect immediately.
PART Y
Section 1. Legislative intent. In order to provide a permanent
solution ending the entity exemption, the intent of this legislation is
to provide needed clarity as to the activities and services that need to
be performed by licensed practitioners and those that do not require
such license thereby no longer necessitating the need for continuing the
exemption beyond what is provided herein.
§ 2. Subdivision 10 of section 7605 of the education law, as added by
section 4 of part AA of chapter 57 of the laws of 2013, is amended and
two new subdivisions 12 and 13 are added to read as follows:
10. (A) A person without a license from: performing assessments [such
as] INCLUDING BUT NOT LIMITED TO basic information collection, gathering
of demographic data, and informal observations, screening and referral
used for general eligibility for a program or service and determining
the functional status of an individual for the purpose of determining
S. 7507--C 49 A. 9507--C
need for services [unrelated to a behavioral health diagnosis or treat-
ment plan. Such licensure shall not be required to create, develop or
implement a service plan unrelated to a behavioral health diagnosis or
treatment plan]; ADVISING INDIVIDUALS REGARDING THE APPROPRIATENESS OF
BENEFITS THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE AND GUIDANCE
AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO DAY PROBLEMS
SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE, AND ORGANIZ-
ING COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING PEER
SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE TREAT-
MENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN
STATE CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE TREATMENT
SERVICES OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN LOCAL
CORRECTIONAL FACILITIES.
(B) A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR IMPLEMENT-
ING A SERVICE PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL HEALTH
DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
and employability[,]; housing[,]; HOMELESS SERVICES AND SHELTERS FOR
HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
COMMUNITY HABILITATION SERVICES; general public assistance[,]; in home
services and supports or home-delivered meals[, investigations conducted
or assessments made by]; RECOVERY SUPPORTS; adult or child protective
services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND HOMELESS
YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, INCLUDING, adoption AND FOSTER home studies and
assessments, family service plans, transition plans [and], permanency
planning activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED SERVICES;
AND de-escalation techniques, peer services or skill development. [A
license under this article shall not be required for persons to partic-
ipate]
(C)(I) A PERSON WITHOUT A LICENSE FROM PARTICIPATING as a member of a
multi-disciplinary team to [implement] ASSIST IN THE DEVELOPMENT OF OR
IMPLEMENTATION OF a behavioral health services or treatment plan;
provided [however,] that such team shall include one or more profes-
sionals licensed under this article or articles one hundred thirty-one,
ONE HUNDRED THIRTY-NINE, one hundred fifty-four or one hundred sixty-
three of this chapter; and provided, further, that the activities
performed by members of the team shall be consistent with the scope of
practice for each team member licensed or authorized under title VIII of
this chapter, and those who are not so authorized may not engage in the
following restricted practices: the diagnosis of mental, emotional,
behavioral, addictive and developmental disorders and disabilities;
patient assessment and evaluating; the provision of psychotherapeutic
treatment; the provision of treatment other than psychotherapeutic
treatment; [and/or the development and implementation of] OR INDEPEND-
ENTLY DEVELOPING AND IMPLEMENTING assessment-based treatment plans as
defined in section seventy-seven hundred one of this [chapter] TITLE.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
S. 7507--C 50 A. 9507--C
AND EXPERIENCE REQUIRED BY THE APPLICABLE STATE OVERSIGHT AGENCY TO
PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
(1) HELPING AN INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
NAIRES;
(2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
OR MULTI-DISCIPLINARY TEAM;
(3) GATHERING AND REPORTING INFORMATION ABOUT PREVIOUS BEHAVIORAL
HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
TEAM;
(4) DISCUSSING WITH THE INDIVIDUAL HIS OR HER SITUATION, NEEDS,
CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
(5) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
(6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS
INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
ING, COMMUNITY BASED SERVICES, AND FINANCES;
(7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
JUDGMENT OF A LICENSED PROFESSIONAL;
(8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
(9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
ING SERVICES FOR INDIVIDUALS SUCH AS HOME CARE, COMMUNITY BASED
SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION, CHILD CARE, VOCATIONAL
TRAINING, OR HEALTH CARE;
(10) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT
DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
AND HOW TO ACCESS SUCH TREATMENT;
(11) REPORTING ON BEHAVIOR, ACTIONS, AND RESPONSES TO TREATMENT BY
COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
PLINARY TEAM;
(12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
ING;
(13) PERFORMING ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
TOOLS OR INSTRUMENTS;
(14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT
ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
ON ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED
PROFESSIONAL; AND
(15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
(D) Provided, further, that nothing in this subdivision shall be
construed as requiring a license for any particular activity or function
based solely on the fact that the activity or function is not listed in
this subdivision.
12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTH-
ING IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIV-
S. 7507--C 51 A. 9507--C
ITIES OR SERVICES PROVIDED UNDER THIS ARTICLE BY ANY PERSON WHO IS
EMPLOYED OR WHO COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED,
REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, OR A LOCAL GOVERNMENTAL UNIT AS
THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
SERVICES LAW ON OR BEFORE ONE YEAR FROM THE DATE THAT THE REGULATIONS
ISSUED IN ACCORDANCE WITH SECTION SIX OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND EIGHTEEN WHICH ADDED THIS SUBDIVISION APPEAR IN THE STATE
REGISTER OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBITIONS OR LIMI-
TATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS LONG AS THEY REMAIN
EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY REMAIN EMPLOYED
BY THE SAME OR OTHER EMPLOYERS PROVIDING SUCH PROGRAMS OR SERVICES.
PROVIDED, HOWEVER, THAT ANY PERSON WHO COMMENCES EMPLOYMENT IN SUCH
PROGRAM OR SERVICE AFTER SUCH DATE AND PERFORMS SERVICES THAT ARE
RESTRICTED UNDER THIS ARTICLE SHALL BE APPROPRIATELY LICENSED OR AUTHOR-
IZED UNDER THIS ARTICLE. EACH STATE OVERSIGHT AGENCY SHALL CREATE AND
MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS EXEMPT
UNDER THIS SUBDIVISION.
13. THE ACTIVITIES OR SERVICES PROVIDED BY A PERSON WITH A MASTER'S
LEVEL DEGREE IN PSYCHOLOGY OR ITS EQUIVALENT, WORKING UNDER THE SUPER-
VISION OF A LICENSED PSYCHOLOGIST IN A PROGRAM OR SERVICE OPERATED,
REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, OR A LOCAL GOVERNMENT UNIT AS
THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A
SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL
SERVICES LAW.
§ 3. Paragraph (f) of subdivision 1 of section 7702 of the education
law, as amended by chapter 230 of the laws of 2004, is amended and two
new paragraphs (m) and (n) are added to read as follows:
(f) [Assist] PROVIDE ADVICE AND GUIDANCE AND ASSIST individuals or
groups with difficult day to day problems such as finding employment,
locating sources of assistance, and organizing community groups to work
on a specific problem.
(M) PROVIDE PEER SERVICES.
(N) COLLECT BASIC INFORMATION, GATHERING OF DEMOGRAPHIC DATA, AND
INFORMAL OBSERVATIONS, SCREENING AND REFERRAL USED FOR GENERAL ELIGIBIL-
ITY FOR A PROGRAM OR SERVICE AND DETERMINING THE FUNCTIONAL STATUS OF AN
INDIVIDUAL FOR THE PURPOSE OF DETERMINING THE NEED FOR SERVICES.
§ 4. Subdivision 7 of section 7706 of the education law, as added by
section 5 of part AA of chapter 57 of the laws of 2013, is amended and a
new subdivision 8 is added to read as follows:
7. (A) Prevent a person without a license from: performing assessments
[such as] INCLUDING BUT NOT LIMITED TO basic information collection,
gathering of demographic data, and informal observations, screening and
referral used for general eligibility for a program or service and
determining the functional status of an individual for the purpose of
determining need for services [unrelated to a behavioral health diagno-
sis or treatment plan. Such licensure shall not be required to create,
develop or implement a service plan unrelated to a behavioral health
diagnosis or treatment plan]; ADVISING INDIVIDUALS REGARDING THE APPRO-
PRIATENESS OF BENEFITS THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE
AND GUIDANCE AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO
DAY PROBLEMS SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE,
AND ORGANIZING COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING
PEER SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE
S. 7507--C 52 A. 9507--C
TREATMENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVID-
UALS IN STATE CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE
TREATMENT SERVICES OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN
LOCAL CORRECTIONAL FACILITIES.
(B) PREVENT A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
and employability[,]; housing[,]; HOMELESS SERVICES AND SHELTERS FOR
HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
COMMUNITY HABILITATION SERVICES; general public assistance[,]; in home
services and supports or home-delivered meals[, investigations conducted
or assessments made by]; RECOVERY SUPPORTS; adult or child protective
services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND HOMELESS
YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, INCLUDING, adoption AND FOSTER home studies and
assessments, family service plans, transition plans [and], permanency
planning activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED SERVICES;
AND de-escalation techniques, peer services or skill development. [A
license under this article shall not be required for persons to partic-
ipate]
(C)(I) PREVENT A PERSON WITHOUT A LICENSE FROM PARTICIPATING as a
member of a multi-disciplinary team to [implement] ASSIST IN THE DEVEL-
OPMENT OF OR IMPLEMENTATION OF a behavioral health services or treatment
plan; provided [however,] that such team shall include one or more
professionals licensed under this article or articles one hundred thir-
ty-one, ONE HUNDRED THIRTY-NINE, one hundred fifty-three or one hundred
sixty-three of this chapter; and provided, further, that the activities
performed by members of the team shall be consistent with the scope of
practice for each team member licensed or authorized under title VIII of
this chapter, and those who are not so authorized may not engage in the
following restricted practices: the diagnosis of mental, emotional,
behavioral, addictive and developmental disorders and disabilities;
patient assessment and evaluating; the provision of psychotherapeutic
treatment; the provision of treatment other than psychotherapeutic
treatment; [and/or the development and implementation of] OR INDEPEND-
ENTLY DEVELOPING AND IMPLEMENTING assessment-based treatment plans as
defined in section seventy-seven hundred one of this article.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
AND EXPERIENCE REQUIRED BY THE APPLICABLE STATE OVERSIGHT AGENCY TO
PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
(1) HELPING AN INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
NAIRES;
S. 7507--C 53 A. 9507--C
(2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
OR MULTI-DISCIPLINARY TEAM;
(3) GATHERING AND REPORTING INFORMATION ABOUT PREVIOUS BEHAVIORAL
HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
TEAM;
(4) DISCUSSING WITH THE INDIVIDUAL HIS OR HER SITUATION, NEEDS,
CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
(5) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
(6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS
INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
ING, COMMUNITY BASED SERVICES, AND FINANCES;
(7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
JUDGMENT OF A LICENSED PROFESSIONAL;
(8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
(9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
ING SERVICES FOR INDIVIDUALS SUCH AS HOME CARE, COMMUNITY BASED
SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION, CHILD CARE, VOCATIONAL
TRAINING, OR HEALTH CARE;
(10) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT
DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
AND HOW TO ACCESS SUCH TREATMENT;
(11) REPORTING ON BEHAVIOR, ACTIONS, AND RESPONSES TO TREATMENT BY
COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
PLINARY TEAM;
(12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
ING;
(13) PERFORMING ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
TOOLS OR INSTRUMENTS;
(14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT
ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
ON ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED
PROFESSIONAL; AND
(15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
(D) Provided, further, that nothing in this subdivision shall be
construed as requiring a license for any particular activity or function
based solely on the fact that the activity or function is not listed in
this subdivision.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES
OR SERVICES PROVIDED UNDER THIS ARTICLE BY ANY PERSON WHO IS EMPLOYED OR
WHO COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED,
FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE
STATE OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL
GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
S. 7507--C 54 A. 9507--C
HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE ONE YEAR FROM THE DATE THAT
THE REGULATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND EIGHTEEN WHICH ADDED THIS SUBDIVISION APPEAR IN
THE STATE REGISTER OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBI-
TIONS OR LIMITATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS LONG AS
THEY REMAIN EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY
REMAIN EMPLOYED BY THE SAME OR OTHER EMPLOYERS PROVIDING SUCH PROGRAMS
OR SERVICES. PROVIDED HOWEVER, THAT ANY PERSON WHO COMMENCES EMPLOYMENT
IN SUCH PROGRAM OR SERVICE AFTER SUCH DATE AND PERFORMS SERVICES THAT
ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPROPRIATELY LICENSED OR
AUTHORIZED UNDER THIS ARTICLE. EACH STATE OVERSIGHT AGENCY SHALL CREATE
AND MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS
EXEMPT UNDER THIS SUBDIVISION.
§ 5. Subdivision 8 of section 8410 of the education law, as added by
section 6 of part AA of chapter 57 of the laws of 2013, is amended and
two new subdivisions 9 and 10 are added to read as follows:
8. (A) Prevent a person without a license from: performing assessments
[such as] INCLUDING BUT NOT LIMITED TO basic information collection,
gathering of demographic data, and informal observations, screening and
referral used for general eligibility for a program or service and
determining the functional status of an individual for the purpose of
determining need for services [unrelated to a behavioral health diagno-
sis or treatment plan. Such licensure shall not be required to create,
develop or implement a service plan unrelated to a behavioral health
diagnosis or treatment plan]; ADVISING INDIVIDUALS REGARDING THE APPRO-
PRIATENESS OF BENEFITS THEY ARE ELIGIBLE FOR; PROVIDING GENERAL ADVICE
AND GUIDANCE AND ASSISTING INDIVIDUALS OR GROUPS WITH DIFFICULT DAY TO
DAY PROBLEMS SUCH AS FINDING EMPLOYMENT, LOCATING SOURCES OF ASSISTANCE,
AND ORGANIZING COMMUNITY GROUPS TO WORK ON A SPECIFIC PROBLEM; PROVIDING
PEER SERVICES; SELECTING FOR SUITABILITY AND PROVIDING SUBSTANCE ABUSE
TREATMENT SERVICES OR GROUP RE-ENTRY SERVICES TO INCARCERATED INDIVID-
UALS IN STATE CORRECTIONAL FACILITIES; OR PROVIDING SUBSTANCE ABUSE
TREATMENT SERVICES OR RE-ENTRY SERVICES TO INCARCERATED INDIVIDUALS IN
LOCAL CORRECTIONAL FACILITIES.
(B) PREVENT A PERSON WITHOUT A LICENSE FROM CREATING, DEVELOPING OR
IMPLEMENTING A SERVICE PLAN OR RECOVERY PLAN THAT IS NOT A BEHAVIORAL
HEALTH DIAGNOSIS OR TREATMENT PLAN. Such service OR RECOVERY plans shall
include, but are not limited to, COORDINATING, EVALUATING OR DETERMINING
THE NEED FOR, OR THE PROVISION OF THE FOLLOWING SERVICES: job training
and employability[,]; housing[,]; HOMELESS SERVICES AND SHELTERS FOR
HOMELESS INDIVIDUALS AND FAMILIES; REFUGEE SERVICES; RESIDENTIAL, DAY OR
COMMUNITY HABILITATION SERVICES; general public assistance[,]; in home
services and supports or home-delivered meals[, investigations conducted
or assessments made by]; RECOVERY SUPPORTS; adult or child protective
services INCLUDING INVESTIGATIONS; DETENTION AS DEFINED IN SECTION FIVE
HUNDRED TWO OF THE EXECUTIVE LAW; PREVENTION AND RESIDENTIAL SERVICES
FOR VICTIMS OF DOMESTIC VIOLENCE; SERVICES FOR RUNAWAY AND HOMELESS
YOUTH; FOSTER CARE, ADOPTION, PREVENTIVE SERVICES OR SERVICES IN ACCORD-
ANCE WITH AN APPROVED PLAN PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, INCLUDING, adoption AND FOSTER home studies and
assessments, family service plans, transition plans [and], permanency
planning activities, AND CASE PLANNING OR CASE MANAGEMENT AS SUCH TERMS
ARE DEFINED IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES; RESIDENTIAL REHABILITATION; HOME AND COMMUNITY BASED SERVICES;
AND de-escalation techniques, peer services or skill development. [A
S. 7507--C 55 A. 9507--C
license under this article shall not be required for persons to partic-
ipate]
(C)(I) PREVENT A PERSON WITHOUT A LICENSE FROM PARTICIPATING as a
member of a multi-disciplinary team to [implement] ASSIST IN THE DEVEL-
OPMENT OF OR IMPLEMENTATION OF a behavioral health services or treatment
plan; provided [however,] that such team shall include one or more
professionals licensed under this article or articles one hundred thir-
ty-one, ONE HUNDRED THIRTY-NINE, one hundred fifty-three or one hundred
fifty-four of this chapter; and provided, further, that the activities
performed by members of the team shall be consistent with the scope of
practice for each team member licensed or authorized under title VIII of
this chapter, and those who are not so authorized may not engage in the
following restricted practices: the diagnosis of mental, emotional,
behavioral, addictive and developmental disorders and disabilities;
patient assessment and evaluating; the provision of psychotherapeutic
treatment; the provision of treatment other than psychotherapeutic
treatment; [and/or the development and implementation of] OR INDEPEND-
ENTLY DEVELOPING AND IMPLEMENTING assessment-based treatment plans as
defined in section seventy-seven hundred one of this chapter.
(II) FOR THE PURPOSES OF THIS PARAGRAPH, "ASSIST" SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PROVISION OR PERFORMANCE OF THE FOLLOWING TASKS,
SERVICES, OR FUNCTIONS BY AN INDIVIDUAL WHO HAS OBTAINED THE TRAINING
AND EXPERIENCE REQUIRED BY THE APPLICABLE STATE OVERSIGHT AGENCY TO
PERFORM SUCH TASK, SERVICE OR FUNCTION IN FACILITIES OR PROGRAMS OPERAT-
ING PURSUANT TO ARTICLE NINETEEN-G OF THE EXECUTIVE LAW; ARTICLES SEVEN,
SIXTEEN, THIRTY-ONE OR THIRTY-TWO OF THE MENTAL HYGIENE LAW; OR TITLE
THREE OF ARTICLE SEVEN OF THE SOCIAL SERVICES LAW:
(1) HELPING AN INDIVIDUAL WITH THE COMPLETION OF FORMS OR QUESTION-
NAIRES;
(2) REVIEWING EXISTING CASE RECORDS AND COLLECTING BACKGROUND INFORMA-
TION ABOUT AN INDIVIDUAL WHICH MAY BE USED BY THE LICENSED PROFESSIONAL
OR MULTI-DISCIPLINARY TEAM;
(3) GATHERING AND REPORTING INFORMATION ABOUT PREVIOUS BEHAVIORAL
HEALTH INTERVENTIONS, HOSPITALIZATIONS, DOCUMENTED DIAGNOSIS, OR PRIOR
TREATMENT FOR REVIEW BY THE LICENSED PROFESSIONAL AND MULTI-DISCIPLINARY
TEAM;
(4) DISCUSSING WITH THE INDIVIDUAL HIS OR HER SITUATION, NEEDS,
CONCERNS, AND THOUGHTS IN ORDER TO HELP IDENTIFY SERVICES THAT SUPPORT
THE INDIVIDUAL'S GOALS, INDEPENDENCE, AND QUALITY OF LIFE;
(5) PROVIDING ADVICE, INFORMATION, AND ASSISTANCE TO INDIVIDUALS AND
FAMILY MEMBERS TO IDENTIFY NEEDS AND AVAILABLE RESOURCES IN THE COMMUNI-
TY TO HELP MEET THE NEEDS OF THE INDIVIDUAL OR FAMILY MEMBER;
(6) ENGAGING IN IMMEDIATE AND LONG-TERM PROBLEM SOLVING, ENGAGING IN
THE DEVELOPMENT OF SOCIAL SKILLS, OR PROVIDING GENERAL HELP IN AREAS
INCLUDING, BUT NOT LIMITED TO, HOUSING, EMPLOYMENT, CHILD CARE, PARENT-
ING, COMMUNITY BASED SERVICES, AND FINANCES;
(7) DISTRIBUTING PAPER COPIES OF SELF-ADMINISTERED TESTS FOR THE INDI-
VIDUAL TO COMPLETE WHEN SUCH TESTS DO NOT REQUIRE THE OBSERVATION AND
JUDGMENT OF A LICENSED PROFESSIONAL;
(8) MONITORING TREATMENT BY THE COLLECTION OF WRITTEN AND/OR OBSERVA-
TIONAL DATA IN ACCORDANCE WITH THE TREATMENT PLAN AND PROVIDING VERBAL
OR WRITTEN REPORTS TO THE MULTI-DISCIPLINARY TEAM;
(9) IDENTIFYING GAPS IN SERVICES AND COORDINATING ACCESS TO OR ARRANG-
ING SERVICES FOR INDIVIDUALS SUCH AS HOME CARE, COMMUNITY BASED
SERVICES, HOUSING, EMPLOYMENT, TRANSPORTATION, CHILD CARE, VOCATIONAL
TRAINING, OR HEALTH CARE;
S. 7507--C 56 A. 9507--C
(10) OFFERING EDUCATION PROGRAMS THAT PROVIDE INFORMATION ABOUT
DISEASE IDENTIFICATION AND RECOMMENDED TREATMENTS THAT MAY BE PROVIDED,
AND HOW TO ACCESS SUCH TREATMENT;
(11) REPORTING ON BEHAVIOR, ACTIONS, AND RESPONSES TO TREATMENT BY
COLLECTING WRITTEN AND/OR OBSERVATIONAL DATA AS PART OF A MULTI-DISCI-
PLINARY TEAM;
(12) USING DE-ESCALATION TECHNIQUES CONSISTENT WITH APPROPRIATE TRAIN-
ING;
(13) PERFORMING ASSESSMENTS USING STANDARDIZED, STRUCTURED INTERVIEW
TOOLS OR INSTRUMENTS;
(14) DIRECTLY DELIVERING SERVICES OUTLINED IN THE SERVICE PLAN THAT
ARE NOT CLINICAL IN NATURE BUT HAVE BEEN TAILORED TO AN INDIVIDUAL BASED
ON ANY DIAGNOSES SUCH INDIVIDUAL MAY HAVE RECEIVED FROM A LICENSED
PROFESSIONAL; AND
(15) ADVOCATING WITH EDUCATIONAL, JUDICIAL OR OTHER SYSTEMS TO PROTECT
AN INDIVIDUAL'S RIGHTS AND ACCESS TO APPROPRIATE SERVICES.
(D) Provided, further, that nothing in this subdivision shall be
construed as requiring a license for any particular activity or function
based solely on the fact that the activity or function is not listed in
this subdivision.
9. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NOTHING
IN THIS ARTICLE SHALL BE CONSTRUED TO PROHIBIT OR LIMIT THE ACTIVITIES
OR SERVICES PROVIDED UNDER THIS ARTICLE BY ANY PERSON WHO IS EMPLOYED OR
WHO COMMENCES EMPLOYMENT IN A PROGRAM OR SERVICE OPERATED, REGULATED,
FUNDED, OR APPROVED BY THE DEPARTMENT OF MENTAL HYGIENE, THE OFFICE OF
CHILDREN AND FAMILY SERVICES, THE DEPARTMENT OF CORRECTIONS AND COMMUNI-
TY SUPERVISION, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, THE
STATE OFFICE FOR THE AGING AND THE DEPARTMENT OF HEALTH OR A LOCAL
GOVERNMENTAL UNIT AS THAT TERM IS DEFINED IN SECTION 41.03 OF THE MENTAL
HYGIENE LAW OR A SOCIAL SERVICES DISTRICT AS DEFINED IN SECTION SIXTY-
ONE OF THE SOCIAL SERVICES LAW ON OR BEFORE ONE YEAR FROM THE DATE THAT
THE REGULATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND EIGHTEEN WHICH ADDED THIS SUBDIVISION APPEAR IN
THE STATE REGISTER OR ARE ADOPTED, WHICHEVER IS LATER. SUCH PROHIBI-
TIONS OR LIMITATIONS SHALL NOT APPLY TO SUCH EMPLOYEES FOR AS LONG AS
THEY REMAIN EMPLOYED BY SUCH PROGRAMS OR SERVICES AND WHETHER THEY
REMAIN EMPLOYED BY THE SAME OR OTHER EMPLOYERS PROVIDING SUCH PROGRAMS
OR SERVICES. PROVIDED HOWEVER, THAT ANY PERSON WHO COMMENCES EMPLOYMENT
IN SUCH PROGRAM OR SERVICE AFTER SUCH DATE AND PERFORMS SERVICES THAT
ARE RESTRICTED UNDER THIS ARTICLE SHALL BE APPROPRIATELY LICENSED OR
AUTHORIZED UNDER THIS ARTICLE. EACH STATE OVERSIGHT AGENCY SHALL CREATE
AND MAINTAIN A PROCESS TO VERIFY EMPLOYMENT HISTORY OF INDIVIDUALS
EXEMPT UNDER THIS SUBDIVISION.
10. THE ACTIVITIES OR SERVICES PROVIDED BY A PERSON WITH A MASTER'S
LEVEL DEGREE REQUIRED FOR LICENSURE PURSUANT TO THIS ARTICLE, WORKING
UNDER THE SUPERVISION OF A PROFESSIONAL LICENSED PURSUANT TO ARTICLE ONE
HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR OR THIS ARTICLE IN A PROGRAM
OR SERVICE OPERATED, REGULATED, FUNDED, OR APPROVED BY THE DEPARTMENT OF
MENTAL HYGIENE, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE DEPART-
MENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE, THE STATE OFFICE FOR THE AGING AND THE
DEPARTMENT OF HEALTH OR A LOCAL GOVERNMENT UNIT AS THAT TERM IS DEFINED
IN SECTION 41.03 OF THE MENTAL HYGIENE LAW OR A SOCIAL SERVICES DISTRICT
AS DEFINED IN SECTION SIXTY-ONE OF THE SOCIAL SERVICES LAW.
§ 6. 1. Not later than September 30, 2018, the state education depart-
ment (hereinafter referred to as "the department"), in consultation with
S. 7507--C 57 A. 9507--C
the department of mental hygiene, the office of children and family
services, the office of temporary and disability assistance, the depart-
ment of corrections and community supervision, the state office for the
aging, and the department of health (hereinafter referred to as "execu-
tive agencies") shall develop formal guidance consistent with this chap-
ter for service providers authorized to operate under the respective
executive agencies, to identify the tasks and functions performed by
each agency's service provider workforce categorized as tasks and func-
tions restricted to licensed personnel including tasks and functions
that do not require a license under articles 153, 154 and 163 of the
education law. Subsequent to the issuance of formal guidance by the
department pursuant to this section, the department shall adopt regu-
lations consistent with this chapter. Such regulations shall not be
issued on an emergency basis.
2. Not later than sixty days from the adoption of the regulations
required by this section, the executive agencies together shall issue a
single report to the governor, the temporary president of the senate,
the speaker of the assembly, and the state education department that may
include but not be limited to, all matters where any individual agency
objects to or has concerns regarding regulations or guidance issued by
the department pursuant to subdivision one of this section; a projected
fiscal impact or effect of any regulations or guidance on each executive
agency; identification of licensed professions shortage areas under each
executive agency; identification of appropriate rate, policy, or legis-
lative changes that may address workforce shortages in licensed
professions or access to services; an analysis and identification of the
need for resources and investment to fortify the state's mental health
workforce; an identification of barriers to hiring licensees and the
mechanism and oversight structure used to track individuals that are
subject to: subdivision 12 of section 7605 of the education law, subdi-
vision 8 of section 7706 of the education law, or subdivision 9 of
section 8410 of the education law; or any other pertinent information.
3. Upon issuance of the report required pursuant to subdivision two of
this section, the state education department shall have sixty days to
issue a report to the governor, the temporary president of the senate,
and the speaker of the assembly on any of the matters identified in
subdivision two of this section provided that such report may include an
analysis of, comments on, or responses to the report issued by subdivi-
sion two of this section. The governor shall provide to the executive
agencies a copy of the report required by this subdivision.
§ 7. Programs and services operated, regulated, funded, or approved by
the department of mental hygiene, the office of children and family
services, the department of corrections and community supervision, the
office of temporary and disability assistance, the state office for the
aging and the department of health or a local governmental unit as the
term is defined in section 41.03 of the mental hygiene law or a social
services district as defined in section 61 of the social services law
shall not be required to receive a waiver pursuant to section 6503-a of
the education law and, further, such programs and services shall also be
considered to be approved settings for the receipt of supervised experi-
ence for the professions governed by articles 153, 154 and 163 of the
education law.
§ 8. Subdivision a of section 9 of chapter 420 of the laws of 2002
amending the education law relating to the profession of social work, as
amended by section 1 of part J of chapter 59 of the laws of 2016, is
amended to read as follows:
S. 7507--C 58 A. 9507--C
a. Nothing in this act shall prohibit or limit the activities or
services on the part of any person in the employ of a program or service
operated, regulated, funded, or approved by the department of mental
hygiene, the office of children and family services, the office of
temporary and disability assistance, the department of corrections and
community supervision, the state office for the aging, the department of
health, or a local governmental unit as that term is defined in article
41 of the mental hygiene law or a social services district as defined in
section 61 of the social services law, provided, however, this section
shall not authorize the use of any title authorized pursuant to article
154 of the education law, except that this section shall be deemed
repealed [on July 1, 2018] ONE YEAR FROM THE DATE THAT THE REGULATIONS
ISSUED IN ACCORDANCE WITH SECTION SIX OF PART Y OF THE CHAPTER OF THE
LAWS OF 2018 WHICH AMENDED THIS SUBDIVISION APPEAR IN THE STATE REGIS-
TER, OR THE DATE SUCH REGULATIONS ARE ADOPTED, WHICHEVER IS LATER;
PROVIDED HOWEVER THAT THE STATE EDUCATION DEPARTMENT SHALL NOTIFY THE
LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCURRENCE OF THE DATE
SUCH REGULATIONS APPEAR IN THE STATE REGISTER AND THE DATE OF THEIR
ADOPTION IN ORDER THAT THE COMMISSION MAY MAINTAIN AN ACCURATE AND TIME-
LY EFFECTIVE DATABASE 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. Subdivision a of section 17-a of chapter 676 of the laws of 2002,
amending the education law relating to the practice of psychology, as
amended by section 2 of part J of chapter 59 of the laws of 2016, is
amended to read as follows:
a. In relation to activities and services provided under article 153
of the education law, nothing in this act shall prohibit or limit such
activities or services on the part of any person in the employ of a
program or service operated, regulated, funded, or approved by the
department of mental hygiene or the office of children and family
services, or a local governmental unit as that term is defined in arti-
cle 41 of the mental hygiene law or a social services district as
defined in section 61 of the social services law. In relation to activ-
ities and services provided under article 163 of the education law,
nothing in this act shall prohibit or limit such activities or services
on the part of any person in the employ of a program or service oper-
ated, regulated, funded, or approved by the department of mental
hygiene, the office of children and family services, the department of
corrections and community supervision, the office of temporary and disa-
bility assistance, the state office for the aging and the department of
health or a local governmental unit as that term is defined in article
41 of the mental hygiene law or a social services district as defined in
section 61 of the social services law, pursuant to authority granted by
law. This section shall not authorize the use of any title authorized
pursuant to article 153 or 163 of the education law by any such employed
person, except as otherwise provided by such articles respectively.
This section shall be deemed repealed [July 1, 2018] ONE YEAR FROM THE
DATE THAT THE REGULATIONS ISSUED IN ACCORDANCE WITH SECTION SIX OF PART
Y OF THE CHAPTER OF THE LAWS OF 2018 WHICH AMENDED THIS SUBDIVISION
APPEAR IN THE STATE REGISTER, OR THE DATE SUCH REGULATIONS ARE ADOPTED,
WHICHEVER IS LATER; PROVIDED HOWEVER THAT THE STATE EDUCATION DEPARTMENT
SHALL NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION UPON THE OCCUR-
RENCE OF THE DATE SUCH REGULATIONS APPEAR IN THE STATE REGISTER AND THE
DATE OF THEIR ADOPTION IN ORDER THAT THE COMMISSION MAY MAINTAIN AN
ACCURATE AND TIMELY EFFECTIVE DATABASE OF THE OFFICIAL TEXT OF THE LAWS
S. 7507--C 59 A. 9507--C
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.
§ 10. Section 16 of chapter 130 of the laws of 2010, amending the
education law and other laws relating to the registration of entities
providing certain professional services and the licensure of certain
professions, as amended by section 3 of part J of chapter 59 of the laws
of 2016, is amended to read as follows:
§ 16. This act shall take effect immediately; provided that sections
thirteen, fourteen and fifteen of this act shall take effect immediately
and shall be deemed to have been in full force and effect on and after
June 1, 2010 and such sections shall be deemed repealed [July 1, 2018]
ONE YEAR FROM THE DATE THAT THE REGULATIONS ISSUED IN ACCORDANCE WITH
SECTION SIX OF PART Y OF THE CHAPTER OF THE LAWS OF 2018 WHICH AMENDED
THIS SECTION APPEAR IN THE STATE REGISTER, OR THE DATE SUCH REGULATIONS
ARE ADOPTED, WHICHEVER IS LATER; PROVIDED HOWEVER THAT THE STATE EDUCA-
TION DEPARTMENT SHALL NOTIFY THE LEGISLATIVE BILL DRAFTING COMMISSION
UPON THE OCCURRENCE OF THE DATE SUCH REGULATIONS APPEAR IN THE STATE
REGISTER AND THE DATE OF THEIR ADOPTION IN ORDER THAT THE COMMISSION MAY
MAINTAIN AN ACCURATE AND TIMELY EFFECTIVE DATABASE 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; provided further that the amendments to section 9
of chapter 420 of the laws of 2002 amending the education law relating
to the profession of social work made by section thirteen of this act
shall repeal on the same date as such section repeals; provided further
that the amendments to section 17-a of chapter 676 of the laws of 2002
amending the education law relating to the practice of psychology made
by section fourteen of this act shall repeal on the same date as such
section repeals.
§ 11. This act shall take effect immediately.
PART Z
Section 1. Subparagraph (vii) of paragraph e of subdivision 3 of
section 364-j of the social services law, as amended by section 38 of
part A of chapter 56 of the laws of 2013, is amended to read as follows:
(vii) a person with a developmental or physical disability who
receives home and community-based services or care-at-home services
through A DEMONSTRATION WAIVER UNDER SECTION ELEVEN HUNDRED FIFTEEN OF
THE FEDERAL SOCIAL SECURITY ACT, existing waivers under section nineteen
hundred fifteen (c) of the federal social security act, or who has char-
acteristics and needs similar to such persons;
§ 2. Clause (x) of subparagraph 1 of paragraph (e) of subdivision 5 of
section 366 of the social services law, as added by section 26-a of part
C of chapter 109 of the laws of 2006, is amended to read as follows:
(x) "nursing facility services" means nursing care and health related
services provided in a nursing facility; a level of care provided in a
hospital which is equivalent to the care which is provided in a nursing
facility; and care, services or supplies provided pursuant to a waiver
granted pursuant to subsection (c) of section 1915 of the federal social
security act OR SUCCESSOR FEDERAL WAIVER.
§ 3. Section 366 of the social services law is amended by adding a new
subdivision 7-c to read as follows:
7-C. THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE COMMISSIONER
OF DEVELOPMENTAL DISABILITIES IS AUTHORIZED TO SUBMIT THE APPROPRIATE
S. 7507--C 60 A. 9507--C
WAIVERS, INCLUDING, BUT NOT LIMITED TO, THOSE AUTHORIZED PURSUANT TO
SECTION ELEVEN HUNDRED FIFTEEN OF THE FEDERAL SOCIAL SECURITY ACT, IN
ORDER TO ACHIEVE THE PURPOSES OF HIGH-QUALITY AND INTEGRATED CARE AND
SERVICES FOR A POPULATION OF PERSONS WITH DEVELOPMENTAL DISABILITIES, AS
SUCH TERM IS DEFINED IN SECTION 1.03 OF THE MENTAL HYGIENE LAW. SUCH
WAIVER APPLICATIONS SHALL BE EXECUTED CONSISTENT WITH SUBDIVISIONS
SEVEN, SEVEN-A, AND SEVEN-B OF THIS SECTION, TO THE EXTENT THOSE
SECTIONS COMPLY WITH THE REQUIREMENTS OF SECTION ELEVEN HUNDRED FIFTEEN
OF THE FEDERAL SOCIAL SECURITY ACT. NOTHING IN SUBDIVISION SEVEN OF THIS
SECTION SHALL PREVENT THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH
THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES, FROM SUBMITTING WAIVER
APPLICATIONS EXPANDING ELIGIBILITY UNDER SUCH WAIVERS TO CHILDREN UNDER
EIGHTEEN YEARS OR AGE WHO ARE ELIGIBLE FOR MEDICAL ASSISTANCE.
§ 4. Paragraph (a) of subdivision 2 of section 366-c of the social
services law, as amended by section 68 of part A of chapter 56 of the
laws of 2013, is amended to read as follows:
(a) For purposes of this section an "institutionalized spouse" is a
person (i) who is in a medical institution or nursing facility and
expected to remain in such facility or institution for at least thirty
consecutive days; or (ii) who is receiving care, services and supplies
pursuant to a waiver pursuant to subsection (c) of section nineteen
hundred fifteen of the federal social security act, OR SUCCESSOR TO SUCH
WAIVER, or is receiving care, services and supplies in a managed long-
term care plan pursuant to section eleven hundred fifteen of the social
security act; and (iii) who is married to a person who is not in a
medical institution or nursing facility or is not receiving waiver
services described in subparagraph (ii) of this paragraph; provided,
however, that medical assistance shall be furnished pursuant to this
paragraph only if, for so long as, and to the extent that federal finan-
cial participation is available therefor. The commissioner of health
shall make any amendments to the state plan for medical assistance, or
apply for any waiver or approval under the federal social security act
that are necessary to carry out the provisions of this paragraph.
§ 5. The closing paragraph of subdivision 4 of section 366-c of the
social services law, as amended by section 42 of part D of chapter 58 of
the laws of 2009, is amended to read as follows:
provided, however, that, to the extent required by federal law, the
terms of this subdivision shall not apply to persons who are receiving
care, services and supplies pursuant to the following waivers under
section 1915(c) of the federal social security act: the nursing facility
transition and diversion waiver authorized pursuant to subdivision six-a
of section three hundred sixty-six of this title; the traumatic brain
injury waiver authorized pursuant to section twenty-seven hundred forty
of the public health law, the long term home health care program waiver
authorized pursuant to section three hundred sixty-seven-c of this
title, and the home and community based services waiver for persons with
developmental disabilities, OR SUCCESSOR TO SUCH WAIVER, administered by
the office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities pursuant to an agreement with the federal centers for medi-
care and Medicaid services.
§ 6. Paragraph 4 of subdivision (a) of section 16.03 of the mental
hygiene law, as added by section 6 of part MM of chapter 58 of the laws
of 2015, is amended to read as follows:
(4) The provision of home and community based services approved under
a waiver program authorized pursuant to SECTION ELEVEN HUNDRED FIFTEEN
OF THE FEDERAL SOCIAL SECURITY ACT OR subdivision (c) of section nine-
S. 7507--C 61 A. 9507--C
teen hundred fifteen of the federal social security act and subdivisions
seven and seven-a of section three hundred sixty-six of the social
services law, provided that an operating certificate issued pursuant to
this paragraph shall only authorize services in a home or community
setting.
§ 7. Paragraph 2 of subdivision (a) of section 16.11 of the mental
hygiene law, as added by section 10 of part MM of chapter 58 of the laws
of 2015, is amended to read as follows:
(2) The review of providers of services, as defined in paragraph four
of subdivision (a) of section 16.03 of this article, shall ensure that
the provider of services complies with all the requirements of the
applicable federal home and community based services waiver program, OR
OTHER SUCCESSOR MEDICAID WAIVER PROGRAM, and applicable federal regu-
lation, subdivisions seven and seven-a of section three hundred sixty-
six of the social services law and rules and regulations adopted by the
commissioner.
§ 8. Subdivision (b) of section 80.03 of the mental hygiene law, as
amended by chapter 37 of the laws of 2011, is amended to read as
follows:
(b) "A patient in need of surrogate decision-making" means a patient
as defined in subdivision twenty-three of section 1.03 of this chapter
who is: a resident of a mental hygiene facility including a resident of
housing programs funded by an office of the department or whose federal
funding application was approved by an office of the department or for
whom such facility maintains legal admission status therefor; or,
receiving home and community-based services for persons with mental
disabilities provided pursuant to section 1915 OR 1115 of the federal
social security act; or receiving individualized support services; or,
case management or service coordination funded, approved, or provided by
the office for people with developmental disabilities; and, for whom
major medical treatment is proposed, and who is determined by the surro-
gate decision-making committee to lack the ability to consent to or
refuse such treatment, but shall not include minors with parents or
persons with legal guardians, committees or conservators who are legally
authorized, available and willing to make such health care decisions.
Once a person is eligible for surrogate decision-making, such person may
continue to receive surrogate decision-making as authorized by this
section regardless of a change in residential status.
§ 9. Subdivision 1-a of section 84 of part A of chapter 56 of the laws
of 2013, 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 2013-2014 state fiscal year, is
amended and a new subdivision 1-b is added to read as follows:
1-a. sections seventy-three through eighty-a shall expire and be
deemed repealed September 30, [2019] 2023;
1-B. THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES SHALL ASSESS THE QUALITY AND OUTCOMES OF MANAGED CARE FOR
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, INCLUDING THEIR EXPERIENCES
AND SATISFACTION, AND REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE
AND THE SPEAKER OF THE ASSEMBLY NO LATER THAN DECEMBER 31, 2022;
§ 10. Paragraph (a-1) of subdivision 8 of section 4403 of the public
health law, as amended by chapter 474 of the laws of 2015, is amended to
read as follows:
(a-1) If the commissioner and the commissioner of the office for
people with developmental disabilities determine that such organization
lacks the experience required in paragraph (a) of this subdivision, the
S. 7507--C 62 A. 9507--C
organization shall have an affiliation arrangement with an entity or
entities that are non-profit ORGANIZATIONS OR ORGANIZATIONS WHOSE SHARE-
HOLDERS ARE SOLELY CONTROLLED BY NON-PROFIT ORGANIZATIONS with experi-
ence serving persons with developmental disabilities, AS DEMONSTRATED BY
CRITERIA TO BE DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WITH SUCH CRITE-
RIA including, but not limited to, residential, day, and employment
services such that the affiliated entity will coordinate and plan
services operated, certified, funded, authorized or approved by the
office for people with developmental disabilities or will oversee and
approve such coordination and planning;
§ 11. Section 97 of chapter 659 of the laws of 1997, amending the
public health law and other laws relating to creation of continuing care
retirement communities, as amended by section 20 of part D of chapter 57
of the laws of 2015, is amended to read as follows:
§ 97. This act shall take effect immediately, provided, however, that
the amendments to subdivision 4 of section 854 of the general municipal
law made by section seventy of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith and provided
further that sections sixty-seven and sixty-eight of this act shall
apply to taxable years beginning on or after January 1, 1998 and
provided further that sections eighty-one through eighty-seven of this
act shall expire and be deemed repealed on December 31, [2019] 2024 and
provided further, however, that the amendments to section ninety of this
act shall take effect January 1, 1998 and shall apply to all policies,
contracts, certificates, riders or other evidences of coverage of long
term care insurance issued, renewed, altered or modified pursuant to
section 3229 of the insurance law on or after such date.
§ 12. Paragraph (a-1) of subdivision 12 of section 4403-f of the
public health law, as amended by chapter 474 of the laws of 2015, is
amended to read as follows:
(a-1) If the commissioner and the commissioner of the office for
people with developmental disabilities determine that such plan lacks
the experience required in paragraph (a) of this subdivision, the plan
shall have an affiliation arrangement with an entity or entities that
are non-profit ORGANIZATIONS OR ORGANIZATIONS WHOSE SHAREHOLDERS ARE
SOLELY CONTROLLED BY NON-PROFIT ORGANIZATIONS with experience serving
persons with developmental disabilities, AS DEMONSTRATED BY CRITERIA TO
BE DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES, WITH SUCH CRITERIA including,
but not limited to, residential, day and employment services, such that
the affiliated entity will coordinate and plan services operated, certi-
fied, funded, authorized or approved by the office for people with
developmental disabilities or will oversee and approve such coordination
and planning;
§ 13. Paragraph (d) of subdivision 1 of section 4403-g of the public
health law, as added by section 73 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
(d) "Health and long term care services" means COMPREHENSIVE HEALTH
services AND OTHER SERVICES AS DETERMINED BY THE COMMISSIONER AND THE
COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
whether provided by state-operated programs or not-for-profit entities,
including, but not limited to, habilitation services, home and communi-
ty-based and institution-based long term care services, and ancillary
services, that shall include medical supplies and nutritional supple-
ments, that are necessary to meet the needs of persons whom the plan is
S. 7507--C 63 A. 9507--C
authorized to enroll[, and may include primary care and acute care if
the DISCO is authorized to provide or arrange for such services]. Each
person enrolled in a DISCO shall receive health and long term care
services designed to achieve person-centered outcomes, to enable that
person to live in the most integrated setting appropriate to that
person's needs, and to enable that person to interact with nondisabled
persons to the fullest extent possible in social, workplace and other
community settings, provided that all such services are consistent with
such person's wishes to the extent that such wishes are known and in
accordance with such person's needs.
§ 14. Paragraph (b) of subdivision 3 of section 4403-g of the public
health law, as added by section 73 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
(b) A description of the services to be covered by such DISCO, WHICH
MUST INCLUDE ALL HEALTH AND LONG TERM CARE SERVICES, AS DEFINED IN PARA-
GRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, AND OTHER SERVICES AS
DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES;
§ 15. Paragraph (j) of subdivision 4 of section 4403-g of the public
health law, as added by section 73 of part A of chapter 56 of the laws
of 2013, is amended to read as follows:
(j) Readiness and capability [to arrange and manage covered services]
OF ORGANIZING, MARKETING, MANAGING, PROMOTING AND OPERATING A HEALTH AND
LONG TERM CARE SERVICES PLAN, OR HAS AN AFFILIATION AGREEMENT WITH AN
ENTITY THAT HAS SUCH READINESS AND CAPABILITY;
§ 16. Subdivision (c) of section 62 of chapter 165 of the laws of
1991, amending the public health law and other laws relating to estab-
lishing payments for medical assistance, as amended by section 17 of
part D of chapter 57 of the laws of 2015, is amended to read as follows:
(c) section 364-j of the social services law, as amended by section
eight of this act and subdivision 6 of section 367-a of the social
services law as added by section twelve of this act shall expire and be
deemed repealed on March 31, [2019] 2024 and provided further, that the
amendments to the provisions of section 364-j of the social services law
made by section eight of this act shall only apply to managed care
programs approved on or after the effective date of this act;
§ 17. Subdivision (c) of section 13.40 of the mental hygiene law, as
added by section 72-b of part A of chapter 56 of the laws of 2013, is
amended to read as follows:
(c) No person with a developmental disability who is receiving or
applying for medical assistance and who is receiving, or eligible to
receive, services operated, funded, certified, authorized or approved by
the office, shall be required to enroll in a DISCO, HMO or MLTC in order
to receive such services until program features and reimbursement rates
are approved by the commissioner and the commissioner of health, and
until such commissioners determine that a sufficient number of plans
that are authorized to coordinate care for individuals pursuant to this
section or that are authorized to operate and to exclusively enroll
persons with developmental disabilities pursuant to subdivision twenty-
seven of section three hundred sixty-four-j of the social services law
are operating in such person's county of residence to meet the needs of
persons with developmental disabilities, and that such entities meet the
standards of this section. No person shall be required to enroll in a
DISCO, HMO or MLTC in order to receive services operated, funded, certi-
fied, authorized or approved by the office until there are at least two
entities operating under this section in such person's county of resi-
S. 7507--C 64 A. 9507--C
dence, unless federal approval is secured to require enrollment when
there are less than two such entities operating in such county. NOTWITH-
STANDING THE FOREGOING OR ANY OTHER LAW TO THE CONTRARY, ANY HEALTH CARE
PROVIDER: (I) ENROLLED IN THE MEDICAID PROGRAM AND (II) RENDERING HOSPI-
TAL SERVICES, AS SUCH TERM IS DEFINED IN SECTION TWENTY-EIGHT HUNDRED
ONE OF THE PUBLIC HEALTH LAW, TO AN INDIVIDUAL WITH A DEVELOPMENTAL
DISABILITY WHO IS ENROLLED IN A DISCO, HMO OR MLTC, OR A PREPAID HEALTH
SERVICES PLAN OPERATING PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-A
OF THE PUBLIC HEALTH LAW, INCLUDING, BUT NOT LIMITED TO, AN INDIVIDUAL
WHO IS ENROLLED IN A PLAN AUTHORIZED BY SECTION THREE HUNDRED SIXTY-
FOUR-J OR THE SOCIAL SERVICES LAW, SHALL ACCEPT AS FULL REIMBURSEMENT
THE NEGOTIATED RATE OR, IN THE EVENT THAT THERE IS NO NEGOTIATED RATE,
THE RATE OF PAYMENT THAT THE APPLICABLE GOVERNMENT AGENCY WOULD OTHER-
WISE PAY FOR SUCH RENDERED HOSPITAL SERVICES.
§ 18. Section 11 of chapter 710 of the laws of 1988, amending the
social services law and the education law relating to medical assistance
eligibility of certain persons and providing for managed medical care
demonstration programs, as amended by section 1 of part F of chapter 73
of the laws of 2016, is amended to read as follows:
§ 11. This act shall take effect immediately; except that the
provisions of sections one, two, three, four, eight and ten of this act
shall take effect on the ninetieth day after it shall have become a law;
and except that the provisions of sections five, six and seven of this
act shall take effect January 1, 1989; and except that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date; provided, however, that the provisions of section 364-j
of the social services law, as added by section one of this act shall
expire and be deemed repealed on and after March 31, [2019] 2024, the
provisions of section 364-k of the social services law, as added by
section two of this act, except subdivision 10 of such section, shall
expire and be deemed repealed on and after January 1, 1994, and the
provisions of subdivision 10 of section 364-k of the social services
law, as added by section two of this act, shall expire and be deemed
repealed on January 1, 1995.
§ 19. This act shall take effect immediately; provided, however, that
the amendments to subparagraph (vii) of paragraph e of subdivision 3 of
section 364-j of the social services law made by section one of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith; provided further, however, that the amendments to subdivision
4 of section 366-c of the social services law made by section five of
this act shall not affect the expiration of such subdivision and shall
be deemed to expire therewith; provided further, however, that the
amendments to subdivision 8 of section 4403 of the public health law,
made by section ten of this act, shall not affect the repeal of such
subdivision and shall be deemed repealed therewith; provided further,
however, that the amendments to paragraph (a-1) of subdivision 12 of
section 4403-f of the public health law, made by section twelve of this
act shall not affect the repeal of such section and shall be deemed to
be repealed therewith; provided further, however, that the amendments to
subdivision 12 of section 4403-f of the public health law, made by
section twelve of this act, shall not affect the repeal of such subdivi-
sion and shall be deemed repealed therewith; provided, further, however,
that the amendments to section 4403-g of the public health law, made by
S. 7507--C 65 A. 9507--C
sections thirteen, fourteen and fifteen of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
PART AA
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 Q of chapter 57 of the laws of 2017, 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] 2019, 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.
3-c. Notwithstanding any inconsistent provision of law, beginning
April 1, [2018] 2019 and ending March 31, [2021] 2022, 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. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2018; provided,
however, that the amendments to section 1 of part C of chapter 57 of the
laws of 2006 made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.
PART BB
Section 1. Intentionally omitted.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. Subdivision (b) of schedule I of section 3306 of the public
health law is amended by adding two new paragraphs 56 and 57 to read as
follows:
(56) 3,4-DICHLORO-N-{(1-DIMETHYLAMINO) CYCLOHEXYLMETHYL}BENZAMIDE.
SOME TRADE OR OTHER NAMES: AH-7921.
(57) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE (ACETYL FENTA-
NYL).
§ 5. Subdivision (d) of schedule I of section 3306 of the public
health law is amended by adding three new paragraphs 36, 37 and 38 to
read as follows:
(36) 5-METHOXY-N,N-DIMETHYLTRYPTAMINE.
(37) ALPHA-METHYLTRYPTAMINE. SOME TRADE OR OTHER NAMES: AMT.
(38) 5-METHOXY-N,N-DIISOPROPYLTRYPTAMINE. SOME TRADE OR OTHER NAMES:
5-MEO-DIPT.
§ 6. Intentionally omitted.
§ 7. Schedule I of section 3306 of the public health law is amended by
adding two new subdivisions (g) and (h) to read as follows:
(G) SYNTHETIC CANNABINOIDS. UNLESS SPECIFICALLY EXCEPTED OR UNLESS
LISTED IN ANOTHER SCHEDULE, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARA-
S. 7507--C 66 A. 9507--C
TION, WHICH CONTAINS ANY QUANTITY OF THE FOLLOWING SYNTHETIC CANNABINOID
SUBSTANCES, OR WHICH CONTAINS ANY OF ITS SALTS, ISOMERS, AND SALTS OF
ISOMERS WHENEVER THE EXISTENCE OF SUCH SALTS, ISOMERS, AND SALTS OF
ISOMERS IS POSSIBLE WITHIN THE SPECIFIC CHEMICAL DESIGNATION (FOR
PURPOSES OF THIS PARAGRAPH ONLY, THE TERM "ISOMER" INCLUDES THE OPTICAL,
POSITION AND GEOMETRIC ISOMERS):
(1) (1-PENTYL-1H-INDOL-3-YL)(2,2,3,3-TETRAMETHYLCYCLOPROPYL) METHA-
NONE. SOME TRADE OR OTHER NAMES: UR-144.
(2) {1-(5-FLURO-PENTYL)-1H-INDOL-3-YL}(2,2,3,3-TETRAMETHYLCYCLOPROPYL)
METHANONE. SOME TRADE NAMES OR OTHER NAMES: 5-FLUORO-UR-144, XLR11.
(3) N-(1-ADAMANTYL)-1-PENTYL-1H-INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR
OTHER NAMES: APINACA, AKB48.
(4) QUINOLIN-8-YL 1-PENTYL-1H-INDOLE-3-CARBOXYLATE. SOME TRADE OR
OTHER NAMES: PB-22; QUPIC.
(5) QUINOLIN-8-YL 1-(5-FLUOROPENTYL)-1H-INDOLE-3-CARBOXYLATE. SOME
TRADE OR OTHER NAMES: 5-FLUORO-PB-22; 5F-PB-22.
(6) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(4-FLUOROBENZYL)-1H-INDAZO-
LE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-FUBINACA.
(7) N-(1-AMINO-3,3-DIMETHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
CARBOXAMIDE. SOME TRADE OR OTHER NAMES: ADB-PINACA.
(8) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-(CYCLOHEXYLMETHYL)-1H-
INDAZOLE-3-CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-CHMINACA.
(9) N-(1-AMINO-3-METHYL-1-OXOBUTAN-2-YL)-1-PENTYL-1H-INDAZOLE-3-
CARBOXAMIDE. SOME TRADE OR OTHER NAMES: AB-PINACA.
(10) {1-(5-FLUOROPENTYL)-1H-INDAZOL-3-YL}(NAPHTHALEN-1-Y1)METHANONE.
SOME TRADE OR OTHER NAMES: THJ-2201.
(H) (1) CANNABIMIMETIC AGENTS. UNLESS SPECIFICALLY EXEMPTED OR UNLESS
LISTED IN ANOTHER SCHEDULE, ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARA-
TION THAT IS NOT APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION
(FDA) WHICH CONTAINS ANY QUANTITY OF CANNABIMIMETIC AGENTS, OR WHICH
CONTAINS THEIR SALTS, ISOMERS, AND SALTS OF ISOMERS WHENEVER THE EXIST-
ENCE OF SUCH SALTS, ISOMERS, AND SALTS OF ISOMERS IS POSSIBLE WITHIN THE
SPECIFIC CHEMICAL DESIGNATION.
(2) AS USED IN THIS SUBDIVISION, THE TERM "CANNABIMIMETIC AGENTS"
MEANS ANY SUBSTANCE THAT IS A CANNABINOID RECEPTOR TYPE 1 (CB1 RECEPTOR)
AGONIST AS DEMONSTRATED BY BINDING STUDIES AND FUNCTIONAL ASSAYS WITHIN
ANY OF THE FOLLOWING STRUCTURAL CLASSES:
(I) 2-(3-HYDROXYCYCLOHEXYL)PHENOL WITH SUBSTITUTION AT THE 5-POSITION
OF THE PHENOLIC RING BY ALKYL OR ALKENYL, WHETHER OR NOT SUBSTITUTED ON
THE CYCLOHEXYL RING TO ANY EXTENT.
(II) 3-(1-NAPHTHOYL)INDOLE OR 3-(1-NAPHTHYLMETHANE)INDOLE BY SUBSTI-
TUTION AT THE NITROGEN ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER
SUBSTITUTED ON THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED
ON THE NAPHTHOYL OR NAPHTHYL RING TO ANY EXTENT.
(III) 3-(1-NAPHTHOYL)PYRROLE BY SUBSTITUTION AT THE NITROGEN ATOM OF
THE PYRROLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE PYRROLE RING
TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE NAPHTHOYL RING TO ANY
EXTENT.
(IV) 1-(1-NAPHTHYLMETHYLENE)INDENE BY SUBSTITUTION OF THE 3-POSITION
OF THE INDENE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN THE INDENE
RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE NAPHTHYL RING TO
ANY EXTENT.
(V) 3-PHENYLACETYLINDOLE OR 3-BENZOYLINDOLE BY SUBSTITUTION AT THE
NITROGEN ATOM OF THE INDOLE RING, WHETHER OR NOT FURTHER SUBSTITUTED IN
THE INDOLE RING TO ANY EXTENT, WHETHER OR NOT SUBSTITUTED ON THE PHENYL
RING TO ANY EXTENT.
S. 7507--C 67 A. 9507--C
(3) SUCH TERM INCLUDES:
(I) 5-(1,1-DIMETHYLHEPTYL)-2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}-PHENOL
(CP-47,497);
(II) 5-(1,1-DIMETHYLOCTYL)-2-{(1R,3S)-3-HYDROXYCYCLOHEXYL}-PHENOL
(CANNABICYCLOHEXANOL OR CP-47,497 C8-HOMOLOG);
(III) 1-PENTYL-3-(1-NAPHTHOYL)INDOLE (JWH-018 AND AM678);
(IV) 1-BUTYL-3-(1-NAPHTHOYL)INDOLE (JWH-073);
(V) 1-HEXYL-3-(1-NAPHTHOYL)INDOLE (JWH-019);
(VI) 1-{2-(4-MORPHOLINYL)ETHYL}-3-(1-NAPHTHOYL)INDOLE (JWH-200);
(VII) 1-PENTYL-3-(2-METHOXYPHENYLACETYL)INDOLE (JWH-250);
(VIII) 1-PENTYL-3-{1-(4-METHOXYNAPHTHOYL)}INDOLE (JWH-081);
(IX) 1-PENTYL-3-(4-METHYL-1-NAPHTHOYL)INDOLE (JWH-122);
(X) 1-PENTYL-3-(4-CHLORO-1-NAPHTHOYL)INDOLE (JWH-398);
(XI) 1-(5-FLUOROPENTYL)-3-(1-NAPHTHOYL)INDOLE (AM2201);
(XII) 1-(5-FLUOROPENTYL)-3-(2-IODOBENZOYL)INDOLE (AM694);
(XIII) 1-PENTYL-3-{(4-METHOXY)-BENZOYL}INDOLE (SR-19 AND RCS-4);
(XIV) 1-CYCLOHEXYLETHYL-3-(2-METHOXYPHENYLACETYL)INDOLE (SR-18 AND
RCS-8); AND
(XV) 1-PENTYL-3-(2-CHLOROPHENYLACETYL)INDOLE (JWH-203).
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law.
PART CC
Section 1. Intentionally omitted.
§ 2. Intentionally omitted.
§ 3. Paragraph (b) of subdivision 12 of section 230 of the public
health law, as amended by chapter 599 of the laws of 1996, is amended to
read as follows:
(b) When a licensee has pleaded or been found guilty or convicted of
committing an act constituting a felony under New York state law or
federal law, or the law of another jurisdiction which, if committed
within this state, would have constituted a felony under New York state
law, OR WHEN A LICENSEE HAS BEEN CHARGED WITH COMMITTING AN ACT CONSTI-
TUTING A FELONY UNDER NEW YORK STATE OR FEDERAL LAW OR THE LAW OF ANOTH-
ER JURISDICTION, WHERE THE LICENSEE'S ALLEGED CONDUCT, WHICH, IF COMMIT-
TED WITHIN THIS STATE, WOULD HAVE CONSTITUTED A FELONY UNDER NEW YORK
STATE LAW, AND IN THE COMMISSIONER'S OPINION THE LICENSEE'S ALLEGED
CONDUCT CONSTITUTES AN IMMINENT DANGER TO THE HEALTH OF THE PEOPLE, or
when the duly authorized professional disciplinary agency of another
jurisdiction has made a finding substantially equivalent to a finding
that the practice of medicine by the licensee in that jurisdiction
constitutes an imminent danger to the health of its people, or when a
licensee has been disciplined by a duly authorized professional disci-
plinary agency of another jurisdiction for acts which if committed in
this state would have constituted the basis for summary action by the
commissioner pursuant to paragraph (a) of this subdivision, the commis-
sioner, after a recommendation by a committee of professional conduct of
the state board for professional medical conduct, may order the licen-
see, by written notice, to discontinue or refrain from practicing medi-
cine in whole or in part or to take certain actions authorized pursuant
to this title immediately. The order of the commissioner shall consti-
tute summary action against the licensee and become public upon issu-
ance. The summary suspension shall remain in effect until the final
conclusion of a hearing which shall commence within ninety days of the
date of service of the commissioner's order, end within ninety days
S. 7507--C 68 A. 9507--C
thereafter and otherwise be held in accordance with paragraph (a) of
this subdivision, provided, however, that when the commissioner's order
is based upon a finding substantially equivalent to a finding that the
practice of medicine by the licensee in another jurisdiction constitutes
an imminent danger to the health of its people, the hearing shall
commence within thirty days after the disciplinary proceedings in that
jurisdiction are finally concluded. IF, AT ANY TIME, THE FELONY CHARGE
IS DISMISSED, WITHDRAWN OR REDUCED TO A NON-FELONY CHARGE, THE COMMIS-
SIONER'S SUMMARY ORDER SHALL TERMINATE.
§ 4. This act shall take effect immediately.
PART DD
Section 1. Subdivisions 2 and 4 of section 6801 of the education law,
as amended by chapter 46 of the laws of 2015, are amended to read as
follows:
2. A licensed pharmacist may execute a non-patient specific regimen
prescribed or ordered by a physician licensed in this state or nurse
practitioner certified in this state, pursuant to rules and regulations
promulgated by the commissioner. When a licensed pharmacist administers
an immunizing agent, he or she shall:
(a) report such administration by electronic transmission or [fasci-
mile] FACSIMILE to the patient's attending primary health care practi-
tioner or practitioners, if any, and, to the extent practicable, make
himself or herself available to discuss the outcome of such immuniza-
tion, including any adverse reactions, with the attending primary health
care practitioner, [or] AND to the statewide immunization registry or
the citywide immunization registry, as established pursuant to AND TO
THE EXTENT PERMITTED BY section twenty-one hundred sixty-eight of the
public health law; and
(b) provide information to the patient OR, WHERE APPLICABLE, THE
PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, on the importance of having
a primary health care practitioner, developed by the commissioner of
health; and
(c) report such administration, absent of any individually identifi-
able health information, to the department of health in a manner
required by the commissioner of health[.]; AND
(d) prior to administering the immunization, inform the patient OR,
WHERE APPLICABLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, of the
total cost of the immunization or immunizations, subtracting any health
insurance subsidization, if applicable. In the case the immunization is
not covered, the pharmacist must inform the patient OR, WHERE APPLICA-
BLE, THE PERSON LEGALLY RESPONSIBLE FOR THE PATIENT, of the possibility
that the immunization may be covered when administered by a primary care
physician or practitioner; and
(e) administer the immunization or immunizations according to the most
current recommendations by the advisory committee for immunization prac-
tices (ACIP), provided however, that a pharmacist may administer any
immunization authorized under this section when specified by a patient
specific order.
4. When administering an immunization in a pharmacy, the licensed
pharmacist shall provide an area for the immunization that provides for
a patient's privacy. The privacy area should include:
A. a clearly visible posting of the most current "Recommended Adult
Immunization Schedule" published by the advisory committee for immuniza-
tion practices (ACIP); AND
S. 7507--C 69 A. 9507--C
(B) EDUCATION MATERIALS ON INFLUENZA VACCINATIONS FOR CHILDREN AS
DETERMINED BY THE COMMISSIONER AND THE COMMISSIONER OF HEALTH.
§ 2. Subdivision 22 of section 6802 of the education law, as amended
by chapter 46 of the laws of 2015, is amended to read as follows:
22. "Administer", for the purpose of section sixty-eight hundred one
of this article, means:
A. the direct application of an immunizing agent to adults, whether by
injection, ingestion, INHALATION or any other means, pursuant to a
patient specific order or non-patient specific regimen prescribed or
ordered by a physician or certified nurse practitioner, who has a prac-
tice site in the county or adjoining county in which the immunization is
administered, for immunizations to prevent influenza, pneumococcal,
acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis
disease and medications required for emergency treatment of anaphylaxis.
If the commissioner of health determines that there is an outbreak of
disease, or that there is the imminent threat of an outbreak of disease,
then the commissioner of health may issue a non-patient specific regimen
applicable statewide.
B. THE DIRECT APPLICATION OF AN IMMUNIZING AGENT TO CHILDREN BETWEEN
THE AGES OF TWO AND EIGHTEEN YEARS OF AGE, WHETHER BY INJECTION, INGES-
TION, INHALATION OR ANY OTHER MEANS, PURSUANT TO A PATIENT SPECIFIC
ORDER OR NON-PATIENT SPECIFIC REGIMEN PRESCRIBED OR ORDERED BY A PHYSI-
CIAN OR CERTIFIED NURSE PRACTITIONER, WHO HAS A PRACTICE SITE IN THE
COUNTY OR ADJOINING COUNTY IN WHICH THE IMMUNIZATION IS ADMINISTERED,
FOR IMMUNIZATION TO PREVENT INFLUENZA AND MEDICATIONS REQUIRED FOR EMER-
GENCY TREATMENT OF ANAPHYLAXIS RESULTING FROM SUCH IMMUNIZATION. IF THE
COMMISSIONER OF HEALTH DETERMINES THAT THERE IS AN OUTBREAK OF INFLUEN-
ZA, OR THAT THERE IS THE IMMINENT THREAT OF AN OUTBREAK OF INFLUENZA,
THEN THE COMMISSIONER OF HEALTH MAY ISSUE A NON-PATIENT SPECIFIC REGIMEN
APPLICABLE STATEWIDE.
§ 2-a. Paragraph (a) of subdivision 3 of section 2168 of the public
health law, as amended by chapter 420 of the laws of 2014, is amended to
read as follows:
(a) (I) Any health care provider who administers any vaccine to a
person less than nineteen years of age or, on or after September first,
two thousand nine, conducts a blood lead analysis of a sample obtained
from a person under eighteen years of age in accordance with paragraph
(h) of subdivision two of this section; and immunizations received by a
person less than nineteen years of age in the past if not already
reported, shall report all such immunizations and the results of any
blood lead analysis to the department in a format prescribed by the
commissioner within fourteen days of administration of such immuniza-
tions or of obtaining the results of any such blood lead analysis.
Health care providers administering immunizations to persons less than
nineteen years of age in the city of New York shall report, in a format
prescribed by the city of New York commissioner of health and mental
hygiene, all such immunizations to the citywide immunization registry.
Health care providers who conduct a blood lead analysis on a person
under eighteen years of age and who report the results of such analysis
to the city of New York commissioner of health and mental hygiene pursu-
ant to New York city reporting requirements shall be exempt from this
requirement for reporting blood lead analysis results to the state
commissioner of health; provided, however, blood lead analysis data
collected from physician office laboratories by the commissioner of
health and mental hygiene of the city of New York pursuant to the health
S. 7507--C 70 A. 9507--C
code of the city of New York shall be provided to the department in a
format prescribed by the commissioner.
(II) A PHARMACIST WHO ADMINISTERS A VACCINE PURSUANT TO SUBDIVISION
TWO OF SECTION SIXTY-EIGHT HUNDRED ONE OF THE EDUCATION LAW, TO A PERSON
LESS THAN NINETEEN YEARS OF AGE, SHALL REPORT ALL SUCH IMMUNIZATIONS TO
THE DEPARTMENT IN A FORMAT PRESCRIBED BY THE COMMISSIONER WITHIN FOUR-
TEEN DAYS OF ADMINISTRATION OF SUCH IMMUNIZATIONS. PHARMACISTS ADMINIS-
TERING IMMUNIZATIONS PURSUANT TO SUBDIVISION TWO OF SECTION SIXTY-EIGHT
HUNDRED ONE OF THE EDUCATION LAW TO PERSONS LESS THAN NINETEEN YEARS OF
AGE IN THE CITY OF NEW YORK SHALL REPORT, IN A FORMAT PRESCRIBED BY THE
CITY OF NEW YORK COMMISSIONER OF HEALTH AND MENTAL HYGIENE, ALL SUCH
IMMUNIZATIONS TO THE CITYWIDE IMMUNIZATION REGISTRY.
§ 3. Section 8 of chapter 563 of the laws of 2008, amending the educa-
tion law and the public health law relating to immunizing agents to be
administered to adults by pharmacists, as amended by chapter 46 of the
laws of 2015, is amended to read as follows:
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed July 1,
[2019] 2020.
§ 4. Section 5 of chapter 116 of the laws of 2012, amending the educa-
tion law relating to authorizing a licensed pharmacist and certified
nurse practitioner to administer certain immunizing agents, as amended
by chapter 46 of the laws of 2015, is amended to read as follows:
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law [and], PROVIDED, HOWEVER, THAT THE PROVISIONS OF
SECTIONS ONE, TWO AND FOUR OF THIS ACT shall expire and be deemed
repealed July 1, [2019] 2020 provided, that:
(a) the amendments to subdivision 7 of section 6527 of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
(c) the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not affect the repeal of
such subdivision and shall be deemed to be repealed therewith; and
(d) the amendments to section 6801 of the education law made by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.
§ 5. Section 5 of chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists to perform collaborative
drug therapy management with physicians in certain settings, as amended
by chapter 238 of the laws of 2015, is amended to read as follows:
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law [and], PROVIDED, HOWEVER, THAT THE PROVISIONS
OF SECTIONS TWO, THREE, AND FOUR OF THIS ACT shall expire [7 years after
such effective date when upon such date the provisions of this act
shall] AND be deemed repealed JULY 1, 2020; provided, however, that the
amendments to subdivision 1 of section 6801 of the education law made by
section one of this act shall be subject to the expiration and reversion
of such subdivision pursuant to section 8 of chapter 563 of the laws of
2008, when upon such date the provisions of section one-a of this act
shall take effect; provided, further, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
S. 7507--C 71 A. 9507--C
§ 6. This act shall take effect immediately; provided, however the
amendments to section 6801 of the education law made by section one of
this act shall not effect the expiration of such section and shall be
deemed to expire therewith; provided, further, that the amendments to
subdivision 22 of section 6802 of the education law made by section two
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.
PART EE
Section 1. Paragraph (e) of subdivision 1 of section 367-a of the
social services law, as amended by section 41 of part D of chapter 56 of
the laws of 2012, is amended to read as follows:
(e) Amounts payable under this title for medical assistance in the
form of clinic services pursuant to article twenty-eight of the public
health law [and], article sixteen of the mental hygiene law AND INDE-
PENDENT PRACTITIONER SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISA-
BILITIES provided to eligible persons diagnosed with a developmental
disability who are also beneficiaries under part B of title XVIII of the
federal social security act, or provided to persons diagnosed with a
developmental disability who are qualified medicare beneficiaries under
part B of title XVIII of such act shall not be less than the approved
medical assistance payment level less the amount payable under part B.
§ 2. This act shall take effect immediately.
PART FF
Section 1. The mental hygiene law is amended by adding a new section
33.27 to read as follows:
§ 33.27 INDEPENDENT SUBSTANCE USE DISORDER AND MENTAL HEALTH OMBUDSMAN.
(A) THERE IS HEREBY ESTABLISHED THE OFFICE OF THE INDEPENDENT
SUBSTANCE USE DISORDER AND MENTAL HEALTH OMBUDSMAN PROGRAM THAT WILL BE
OPERATED OR SELECTED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES, IN CONSULTATION WITH THE OFFICE OF MENTAL HEALTH FOR THE
PURPOSE OF ASSISTING INDIVIDUALS WITH A SUBSTANCE USE DISORDER AND/OR
MENTAL ILLNESS TO ENSURE THAT THEY RECEIVE APPROPRIATE HEALTH INSURANCE
COVERAGE.
(B) SUCH OMBUDSMAN WILL IDENTIFY, INVESTIGATE, REFER AND RESOLVE
COMPLAINTS THAT ARE MADE BY, OR ON BEHALF OF, CONSUMERS RELATIVE TO
HEALTH INSURANCE COVERAGE AND ACCESS TO INITIAL AND CONTINUING SUBSTANCE
USE DISORDER CARE AND MENTAL HEALTH CARE; ACCEPT, INVESTIGATE, REFER AND
HELP TO RESOLVE COMPLAINTS THAT ARE MADE BY TREATMENT PROVIDERS RELATIVE
TO HEALTH INSURANCE COVERAGE OF AND REIMBURSEMENT FOR INITIAL OR CONTIN-
UING SUBSTANCE USE DISORDER AND MENTAL HEALTH CARE; ACCEPT, INVESTIGATE,
REFER AND HELP TO RESOLVE COMPLAINTS THAT ARE MADE BY OR ON BEHALF OF
CONSUMERS OR BY PROVIDERS RELATIVE TO NETWORK ADEQUACY FOR ACCESS TO AND
CONTINUING SUBSTANCE USE DISORDER AND MENTAL HEALTH CARE.
(C) NOTWITHSTANDING SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW AND SECTION ONE HUNDRED FORTY-TWO
OF THE ECONOMIC DEVELOPMENT LAW, OR ANY OTHER INCONSISTENT PROVISION OF
LAW, FUNDS AVAILABLE FOR EXPENDITURE PURSUANT TO THIS SECTION FOR THE
ESTABLISHMENT OF AN OMBUDSMAN FOR SUBSTANCE USE DISORDER AND MENTAL
HEALTH INSURANCE COVERAGE, MAY BE ALLOCATED AND DISTRIBUTED BY THE
COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, WITHOUT A COMPET-
ITIVE BID OR REQUEST FOR PROPOSAL PROCESS FOR THE ESTABLISHMENT OF AN
S. 7507--C 72 A. 9507--C
OMBUDSMAN FOR SUBSTANCE USE DISORDER AND MENTAL HEALTH INSURANCE COVER-
AGE. PROVIDED, HOWEVER, THAT SUCH ALLOCATION OR DISTRIBUTION MUST BE
BASED ON OBJECTIVE CRITERIA AND AN ALLOCATION METHODOLOGY THAT IS
APPROVED BY THE DIRECTOR OF THE BUDGET.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART GG
Section 1. The mental hygiene law is amended by adding a new section
19.18-b to read as follows:
§ 19.18-B CERTIFIED PEER RECOVERY ADVOCATE SERVICES PROGRAM.
1. FOR PURPOSES OF THIS SUBDIVISION "CERTIFIED PEER RECOVERY ADVOCATE
SERVICES" MEANS PARTICIPANT-CENTERED SERVICES THAT EMPHASIZE KNOWLEDGE
AND WISDOM THROUGH LIVED EXPERIENCE IN WHICH PEERS ARE ENCOURAGED TO
SHARE THEIR OWN PERSONAL EXPERIENCE AND FIRST-HAND KNOWLEDGE OF
SUBSTANCE ABUSE, ADDICTION, AND RECOVERY TO SUPPORT THE RECOVERY GOALS
OF INDIVIDUALS WHO USE DRUGS AND/OR ALCOHOL.
2. THE COMMISSIONER SHALL DEVELOP AND ADMINISTER A CERTIFICATION PROC-
ESS AND STANDARDS OF TRAINING AND COMPETENCY FOR CERTIFIED PEER RECOVERY
ADVOCATE SERVICES.
3. CERTIFIED PEER RECOVERY ADVOCATE SERVICES MAY INCLUDE BUT NOT BE
LIMITED TO:
(A) DEVELOPING RECOVERY PLANS;
(B) RAISING AWARENESS OF EXISTING SOCIAL AND OTHER SUPPORT SERVICES;
(C) MODELING COPING SKILLS;
(D) ASSISTING WITH APPLYING FOR BENEFITS;
(E) ACCOMPANYING CLIENTS TO MEDICAL APPOINTMENTS;
(F) PROVIDING NON-CLINICAL CRISIS SUPPORT, ESPECIALLY AFTER PERIODS OF
HOSPITALIZATION OR INCARCERATION;
(G) ACCOMPANYING CLIENTS TO COURT APPEARANCES AND OTHER APPOINTMENTS;
(H) WORKING WITH PARTICIPANTS TO IDENTIFY STRENGTHS;
(I) LINKING PARTICIPANTS TO FORMAL RECOVERY SUPPORTS, INCLUDING, BUT
NOT LIMITED TO, MEDICATION ASSISTED TREATMENT;
(J) EDUCATING PROGRAM PARTICIPANTS ABOUT VARIOUS MODES OF RECOVERY,
INCLUDING, BUT NOT LIMITED TO, MEDICATION ASSISTED TREATMENT;
(K) PEER ENGAGEMENT COORDINATION WITH HOSPITAL EMERGENCY SERVICES TO
ASSIST ANY PATIENT THAT HAS BEEN ADMINISTERED AN OPIOID ANTAGONIST BY A
MEDICAL PROVIDER TO ESTABLISH CONNECTIONS TO TREATMENT, INCLUDING, BUT
NOT LIMITED TO, MEDICATION ASSISTED TREATMENT AND OTHER SUPPORTS AFTER
AN OPIOID OVERDOSE REVERSAL OR AFTER DISCHARGE FROM ANOTHER SUBSTANCE
ABUSE RELATED EMERGENCY DEPARTMENT VISIT; AND
(L) PEER ENGAGEMENT COORDINATION WITH LAW ENFORCEMENT DEPARTMENTS,
FIRE DEPARTMENTS AND OTHER FIRST RESPONDER DEPARTMENTS TO ASSIST ANY
INDIVIDUAL THAT HAS BEEN ADMINISTERED AN OPIOID ANTAGONIST BY A FIRST
RESPONDER TO ESTABLISH CONNECTIONS TO TREATMENT, INCLUDING, BUT NOT
LIMITED TO, MEDICATION ASSISTED TREATMENT AND OTHER SUPPORT SERVICES
AFTER AN OPIOID OVERDOSE REVERSAL.
§ 2. This act shall take effect immediately; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made and completed on or
before such effective date.
PART HH
S. 7507--C 73 A. 9507--C
Section 1. Subdivision 1 of section 2805-i of the public health law,
as amended by chapter 504 of the laws of 1994 and paragraph (c) as
amended by chapter 39 of the laws of 2012, is amended to read as
follows:
1. Every hospital providing treatment to alleged victims of a sexual
offense shall be responsible for:
(a) maintaining sexual offense evidence and the chain of custody as
provided in subdivision two of this section[.];
(b) contacting a rape crisis or victim assistance organization, if
any, providing victim assistance to the geographic area served by that
hospital to establish the coordination of non-medical services to sexual
offense victims who request such coordination and services[.];
(c) offering and making available appropriate HIV post-exposure treat-
ment therapies; including a seven day starter pack of HIV post-exposure
prophylaxis, in cases where it has been determined, in accordance with
guidelines issued by the commissioner, that a significant exposure to
HIV has occurred, and informing the victim that payment assistance for
such therapies may be available from the office of victim services
pursuant to the provisions of article twenty-two of the executive law.
With the consent of the victim of a sexual assault, the hospital emer-
gency room department shall provide or arrange for an appointment for
medical follow-up related to HIV post-exposure prophylaxis and other
care as appropriate; AND
(D) ENSURING SEXUAL ASSAULT SURVIVORS ARE NOT BILLED FOR SEXUAL
ASSAULT FORENSIC EXAMS AND ARE NOTIFIED ORALLY AND IN WRITING OF THE
OPTION TO DECLINE TO PROVIDE PRIVATE HEALTH INSURANCE INFORMATION AND
HAVE THE OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPITAL FOR THE EXAM
PURSUANT TO SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED THIRTY-ONE OF
THE EXECUTIVE LAW.
§ 2. Subdivision 2 of section 2805-i of the public health law is
REPEALED and a new subdivision 2 is added to read as follows:
2. SEXUAL OFFENSE EVIDENCE SHALL BE COLLECTED AND MAINTAINED AS
FOLLOWS:
(A) ALL SEXUAL OFFENSE EVIDENCE SHALL BE KEPT IN A LOCKED, SEPARATE
AND SECURE AREA FOR TWENTY YEARS FROM THE DATE OF COLLECTION; PROVIDED
THAT SUCH EVIDENCE SHALL BE TRANSFERRED TO A NEW LOCATION(S) PURSUANT TO
THIS SUBDIVISION.
(B) SEXUAL OFFENSE EVIDENCE SHALL INCLUDE, BUT NOT BE LIMITED TO,
SLIDES, COTTON SWABS, CLOTHING AND OTHER ITEMS. WHERE APPROPRIATE, SUCH
ITEMS SHALL BE REFRIGERATED AND THE CLOTHES AND SWABS SHALL BE DRIED,
STORED IN PAPER BAGS, AND LABELED. EACH ITEM OF EVIDENCE SHALL BE
MARKED AND LOGGED WITH A CODE NUMBER CORRESPONDING TO THE ALLEGED SEXUAL
OFFENSE VICTIM'S MEDICAL RECORD.
(C) UPON COLLECTION, THE HOSPITAL SHALL NOTIFY THE ALLEGED SEXUAL
OFFENSE VICTIM THAT, AFTER TWENTY YEARS, THE SEXUAL OFFENSE EVIDENCE
WILL BE DISCARDED IN COMPLIANCE WITH STATE AND LOCAL HEALTH CODES AND
THAT THE ALLEGED SEXUAL OFFENSE VICTIM'S CLOTHES OR PERSONAL EFFECTS
WILL BE RETURNED TO THE ALLEGED SEXUAL OFFENSE VICTIM AT ANY TIME UPON
REQUEST. THE ALLEGED SEXUAL OFFENSE VICTIM SHALL BE GIVEN THE OPTION OF
PROVIDING CONTACT INFORMATION FOR PURPOSES OF RECEIVING NOTICE OF THE
PLANNED DESTRUCTION OF SUCH EVIDENCE AFTER THE EXPIRATION OF THE TWEN-
TY-YEAR PERIOD.
(D) UNTIL APRIL FIRST, TWO THOUSAND TWENTY-ONE, OR EARLIER IF DETER-
MINED FEASIBLE BY THE DIRECTOR OF BUDGET PURSUANT TO PARAGRAPH (G) OF
THIS SUBDIVISION, HOSPITALS SHALL BE RESPONSIBLE FOR SECURING LONG-TERM
SEXUAL OFFENSE EVIDENCE PURSUANT TO THIS SECTION, AFTER WHICH SUCH STOR-
S. 7507--C 74 A. 9507--C
AGE SHALL BE THE RESPONSIBILITY OF THE CUSTODIAN(S) IDENTIFIED IN THE
PLAN APPROVED BY THE DIRECTOR OF BUDGET PURSUANT TO PARAGRAPH (G) OF
THIS SUBDIVISION. HOSPITALS MAY ENTER INTO CONTRACTS WITH OTHER ENTITIES
THAT WILL ENSURE APPROPRIATE AND SECURE LONG-TERM STORAGE OF SEXUAL
OFFENSE EVIDENCE PURSUANT TO THIS SECTION UNTIL APRIL FIRST, TWO THOU-
SAND TWENTY-ONE.
(E) BEGINNING APRIL FIRST, TWO THOUSAND EIGHTEEN, THE DEPARTMENT, THE
OFFICE OF VICTIM SERVICES, THE DIVISION OF CRIMINAL JUSTICE SERVICES AND
THE DIVISION OF STATE POLICE SHALL JOINTLY STUDY, EVALUATE AND MAKE
RECOMMENDATIONS CONCERNING THE STORAGE AND MONITORING OF SEXUAL OFFENSE
EVIDENCE FOR TWENTY YEARS, INCLUDING STUDYING OPTIONS FOR THE USE OF:
STATE-OWNED OR OPERATED FACILITIES; FACILITIES OWNED OR OPERATED BY
LOCAL GOVERNMENT OR LAW ENFORCEMENT AGENCIES; AND FACILITIES OWNED OR
OPERATED BY PRIVATE ENTITIES.
(F) ON OR BEFORE DECEMBER FIRST, TWO THOUSAND NINETEEN, SUCH AGENCIES
SHALL SUBMIT A JOINT PLAN TO THE DIRECTOR OF BUDGET, SPEAKER OF THE
ASSEMBLY, AND PRESIDENT PRO TEMPORE OF THE SENATE, WHICH SHALL AT A
MINIMUM INCLUDE: RECOMMENDED STORAGE LOCATION(S) FOR SEXUAL OFFENSE
EVIDENCE; A SCHEDULE FOR SEXUAL OFFENSE EVIDENCE HELD BY HOSPITALS
PURSUANT TO THIS SECTION TO BE TRANSFERRED TO SUCH STORAGE LOCATION(S)
BY APRIL FIRST, TWO THOUSAND TWENTY-ONE; AND TRACKING, MONITORING AND
NOTIFICATION OPTION(S).
(G) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY, THE DIRECTOR OF
BUDGET SHALL APPROVE A PLAN THAT, AT A MINIMUM, ESTABLISHES: STORAGE
LOCATION(S) FOR SEXUAL OFFENSE EVIDENCE BY NO LATER THAN APRIL FIRST,
TWO THOUSAND TWENTY-ONE; A REASONABLE SCHEDULE FOR SEXUAL OFFENSE
EVIDENCE MAINTAINED BY HOSPITALS PURSUANT TO THIS SECTION TO BE TRANS-
FERRED TO SUCH STORAGE LOCATION(S); AND TRACKING, MONITORING AND NOTIFI-
CATION SYSTEM(S).
(H) BETWEEN THIRTY AND TEN DAYS PRIOR TO THE TRANSFER OF SEXUAL
OFFENSE EVIDENCE TO THE STORAGE LOCATION(S) IDENTIFIED IN THE PLAN
APPROVED BY THE DIRECTOR OF BUDGET PURSUANT TO PARAGRAPH (G) OF THIS
SUBDIVISION, HOSPITALS SHALL MAKE DILIGENT EFFORTS TO NOTIFY THE ALLEGED
SEXUAL OFFENSE VICTIM OF THE TRANSFER OF CUSTODY FOR THE REMAINDER OF
THE TWENTY-YEAR STORAGE PERIOD.
(I) ON APRIL FIRST, TWO THOUSAND TWENTY-ONE, OR EARLIER IF DETERMINED
FEASIBLE BY THE DIRECTOR OF BUDGET, RESPONSIBILITY FOR LONG-TERM STORAGE
OF SEXUAL OFFENSE EVIDENCE SHALL TRANSFER TO THE CUSTODIAN(S) IDENTIFIED
IN THE PLAN APPROVED BY THE DIRECTOR OF BUDGET PURSUANT TO PARAGRAPH (G)
OF THIS SUBDIVISION.
(J) AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE, OR EARLIER IF DETER-
MINED FEASIBLE BY THE DIRECTOR OF BUDGET, HOSPITALS SHALL ENSURE TRANS-
FER OF SEXUAL OFFENSE EVIDENCE COLLECTED PURSUANT TO THIS SECTION TO THE
CUSTODIAN(S) IDENTIFIED IN THE PLAN APPROVED BY THE DIRECTOR OF BUDGET
PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION WITHIN TEN DAYS OF
COLLECTION OF SUCH EVIDENCE, WHILE MAINTAINING CHAIN OF CUSTODY.
(K) AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION OF THE TWENTY-YEAR
STORAGE PERIOD FOR ANY SEXUAL OFFENSE EVIDENCE, THE CUSTODIAN(S) OF THE
SEXUAL OFFENSE EVIDENCE SHALL MAKE DILIGENT EFFORTS TO CONTACT THE
ALLEGED SEXUAL OFFENSE VICTIM TO NOTIFY THE ALLEGED SEXUAL OFFENSE
VICTIM THAT THE SEXUAL OFFENSE EVIDENCE WILL BE DISCARDED IN COMPLIANCE
WITH STATE AND LOCAL HEALTH CODES AND THAT THE ALLEGED SEXUAL OFFENSE
VICTIM'S CLOTHES AND PERSONAL EFFECTS WILL BE RETURNED TO THE ALLEGED
SEXUAL OFFENSE VICTIM UPON REQUEST.
(L) NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION, SEXUAL
OFFENSE EVIDENCE SHALL NOT CONTINUE TO BE STORED WHERE: (I) SUCH
S. 7507--C 75 A. 9507--C
EVIDENCE IS NOT PRIVILEGED AND LAW ENFORCEMENT REQUESTS ITS RELEASE, IN
WHICH CASE THE CUSTODIAN(S) SHALL COMPLY WITH SUCH REQUEST; OR (II) SUCH
EVIDENCE IS PRIVILEGED AND EITHER (A) THE ALLEGED SEXUAL OFFENSE VICTIM
GIVES PERMISSION TO RELEASE THE EVIDENCE TO LAW ENFORCEMENT, OR (B) THE
ALLEGED SEXUAL OFFENSE VICTIM SIGNS A STATEMENT DIRECTING THE
CUSTODIAN(S) TO DISPOSE OF THE EVIDENCE, IN WHICH CASE THE SEXUAL
OFFENSE EVIDENCE WILL BE DISCARDED IN COMPLIANCE WITH STATE AND LOCAL
HEALTH CODES.
§ 3. Subdivision 13 of section 631 of the executive law, as amended by
chapter 39 of the laws of 2012, is amended to read as follows:
13. Notwithstanding any other provision of law, rule, or regulation to
the contrary, when any New York state accredited hospital, accredited
sexual assault examiner program, or licensed health care provider
furnishes services to any sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards established by the
department of health, such hospital, sexual assault examiner program, or
licensed healthcare provider shall provide such services to the person
without charge and shall bill the office directly. The office, in
consultation with the department of health, shall define the specific
services to be covered by the sexual assault forensic exam reimbursement
fee, which must include at a minimum forensic examiner services, hospi-
tal or healthcare facility services related to the exam, and related
laboratory tests and necessary pharmaceuticals; including but not limit-
ed to HIV post-exposure prophylaxis provided by a hospital emergency
room at the time of the forensic rape examination pursuant to paragraph
(c) of subdivision one of section twenty-eight hundred five-i of the
public health law. Follow-up HIV post-exposure prophylaxis costs shall
continue to be reimbursed according to established office procedure. The
office, in consultation with the department of health, shall also gener-
ate the necessary regulations and forms for the direct reimbursement
procedure. The rate for reimbursement shall be the amount of itemized
charges not exceeding eight hundred dollars, to be reviewed and adjusted
annually by the office in consultation with the department of health.
The hospital, sexual assault examiner program, or licensed health care
provider must accept this fee as payment in full for these specified
services. No additional billing of the survivor for said services is
permissible. A sexual assault survivor may voluntarily assign any
private insurance benefits to which she or he is entitled for the
healthcare forensic examination, in which case the hospital or health-
care provider may not charge the office; PROVIDED, HOWEVER, IN THE EVENT
THE SEXUAL ASSAULT SURVIVOR ASSIGNS ANY PRIVATE HEALTH INSURANCE BENE-
FIT, SUCH COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSU-
RANCE OR BALANCE BILLING BY THE HOSPITAL, SEXUAL ASSAULT EXAMINER
PROGRAM OR LICENSED HEALTH CARE PROVIDER. A hospital, sexual assault
examiner program or licensed health care provider shall, at the time of
the initial visit, request assignment of any private health insurance
benefits to which the sexual assault survivor is entitled on a form
prescribed by the office; provided, however, such sexual assault survi-
vor shall be advised orally and in writing that he or she may decline to
provide such information regarding private health insurance benefits if
he or she believes that the provision of such information would substan-
tially interfere with his or her personal privacy or safety and in such
event, the sexual assault forensic exam fee shall be paid by the office.
Such sexual assault survivor shall also be advised that providing such
information may provide additional resources to pay for services to
S. 7507--C 76 A. 9507--C
other sexual assault victims. If he or she declines to provide such
health insurance information, he or she shall indicate such decision on
the form provided by the hospital, sexual assault examiner program or
licensed health care provider, which form shall be prescribed by the
office.
§ 4. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 34 to read as follows:
(34) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
§ 5. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
(20) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
§ 6. Section 4303 of the insurance law is amended by adding a new
subsection (rr) to read as follows:
(RR) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
CONTRACT SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
§ 7. This act shall take effect immediately, and shall apply to all
policies and contracts issued, renewed, modified, altered or amended on
or after the first of January next succeeding such effective date.
PART II
Section 1. Paragraph 1 of subdivision (d) of section 13.17 of the
mental hygiene law, as added by section 1 of part Q of chapter 59 of the
laws of 2016, is amended to read as follows:
1. provide appropriate and timely notification to the temporary presi-
dent of the senate, and the speaker of the assembly, and to appropriate
representatives of impacted labor organizations. Such notification to
the representatives of impacted labor organizations shall be made as
soon as practicable, but no less than [forty-five] NINETY days prior to
such closure or transfer except in the case of exigent circumstances
impacting the health, safety, or welfare of the residents of the IRA as
determined by the office. Provided, however, that nothing herein shall
limit the ability of the office to effectuate such closure or transfer;
and
§ 2. Section 2 of part Q of chapter 59 of the laws of 2016, amending
the mental hygiene law relating to the closure or transfer of a state-
operated individualized residential alternative, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2018] 2020.
§ 3. This act shall take effect immediately, provided, however, that
the amendments to subdivision (d) of section 13.17 of the mental hygiene
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
PART JJ
Section 1. The mental hygiene law is amended by adding a new section
13.43 to read as follows:
§ 13.43 FIRST RESPONDER TRAINING.
S. 7507--C 77 A. 9507--C
(A) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
THE OFFICE OF FIRE PREVENTION AND CONTROL, THE MUNICIPAL POLICE TRAINING
COUNCIL, AND THE SUPERINTENDENT OF STATE POLICE, SHALL DEVELOP A TRAIN-
ING PROGRAM AND ASSOCIATED TRAINING MATERIALS, TO PROVIDE INSTRUCTION
AND INFORMATION TO FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY MEDICAL
SERVICES PERSONNEL ON APPROPRIATE RECOGNITION AND RESPONSE TECHNIQUES
FOR HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM
SPECTRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. THE TRAINING
PROGRAM AND ASSOCIATED TRAINING MATERIALS SHALL INCLUDE ANY OTHER INFOR-
MATION DEEMED NECESSARY AND APPROPRIATE BY THE COMMISSIONER.
(B) SUCH TRAINING SHALL ADDRESS APPROPRIATE RESPONSE TECHNIQUES FOR
DEALING WITH BOTH ADULTS AND MINORS WITH AUTISM SPECTRUM DISORDER AND
OTHER DEVELOPMENTAL DISABILITIES.
(C) SUCH TRAINING PROGRAM MAY BE DEVELOPED AS AN ONLINE PROGRAM.
§ 2. The public health law is amended by adding a new section 3054 to
read as follows:
§ 3054. EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. IN COORDINATION WITH
THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES, THE COMMISSIONER SHALL PROVIDE THE TRAINING PROGRAM RELATING TO
HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPECTRUM
DISORDER AND OTHER DEVELOPMENTAL DISABILITIES AND ASSOCIATED TRAINING
MATERIALS PURSUANT TO SECTION 13.43 OF THE MENTAL HYGIENE LAW TO ALL
EMERGENCY MEDICAL SERVICES PERSONNEL INCLUDING, BUT NOT LIMITED TO,
FIRST RESPONDERS, EMERGENCY MEDICAL TECHNICIANS, ADVANCED EMERGENCY
MEDICAL TECHNICIANS AND EMERGENCY VEHICLE OPERATORS.
§ 3. Section 156 of the executive law is amended by adding a new
subdivision 22 to read as follows:
22. IN COORDINATION WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES, PROVIDE THE TRAINING PROGRAM RELATING
TO HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES AND ASSOCIATED TRAIN-
ING MATERIALS PURSUANT TO SECTION 13.43 OF THE MENTAL HYGIENE LAW TO ALL
FIREFIGHTERS, BOTH PAID AND VOLUNTEER. THE OFFICE SHALL ADOPT ALL
NECESSARY RULES AND REGULATIONS RELATING TO SUCH TRAINING, INCLUDING THE
PROCESS BY WHICH TRAINING HOURS ARE ALLOCATED TO COUNTIES AS WELL AS A
UNIFORM PROCEDURE FOR REQUESTING AND PROVIDING ADDITIONAL TRAINING
HOURS.
§ 4. Section 840 of the executive law is amended by adding a new
subdivision 5 to read as follows:
5. THE COUNCIL SHALL, IN ADDITION:
(A) DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE
COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
WRITTEN POLICIES AND PROCEDURES CONSISTENT WITH SECTION 13.43 OF THE
MENTAL HYGIENE LAW, REGARDING THE HANDLING OF EMERGENCY SITUATIONS
INVOLVING INDIVIDUALS WITH AUTISM SPECTRUM DISORDER AND OTHER DEVELOP-
MENTAL DISABILITIES. SUCH POLICIES AND PROCEDURES SHALL MAKE PROVISIONS
FOR THE EDUCATION AND TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE
HANDLING OF EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH AUTISM SPEC-
TRUM DISORDER AND OTHER DEVELOPMENTAL DISABILITIES; AND
(B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
THE ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
AND PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION, ALONG WITH
RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
S. 7507--C 78 A. 9507--C
§ 5. The executive law is amended by adding a new section 214-f to
read as follows:
§ 214-F. EMERGENCY SITUATIONS INVOLVING PEOPLE WITH AUTISM SPECTRUM
DISORDER AND OTHER DEVELOPMENTAL DISABILITIES. THE SUPERINTENDENT SHALL,
FOR ALL MEMBERS OF THE STATE POLICE:
1. DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE COMMIS-
SIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, WRITTEN
POLICIES AND PROCEDURES CONSISTENT WITH SECTION 13.43 OF THE MENTAL
HYGIENE LAW, REGARDING THE HANDLING OF EMERGENCY SITUATIONS INVOLVING
INDIVIDUALS WITH AUTISM SPECTRUM DISORDER AND OTHER DEVELOPMENTAL DISA-
BILITIES. SUCH POLICIES AND PROCEDURES SHALL MAKE PROVISIONS FOR THE
EDUCATION AND TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE HANDL-
ING OF EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES; AND
2. RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
ESTABLISHMENT AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
AND PROCEDURES ESTABLISHED PURSUANT TO THIS SUBDIVISION, ALONG WITH
RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner of
the office for people with developmental disabilities may promulgate any
rules and regulations necessary for the implementation of this act on or
before such effective date.
PART KK
Section 1. This Part enacts into law major components of legislation
which are necessary to combat sexual harassment in the workplace. Each
component is wholly contained within a Subpart identified as Subparts A
through F. The effective date for each particular provision contained
within such Subpart is set forth in the last section of such Subpart.
Any provision in any section contained within a Subpart, including the
effective date of the Subpart, 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 Subpart
in which it is found. Section three of this Part sets forth the general
effective date of the Part.
SUBPART A
Section 1. The state finance law is amended by adding a new section
139-l to read as follows:
§ 139-L. STATEMENT ON SEXUAL HARASSMENT, IN BIDS. 1. (A) EVERY BID
HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT OR AGENCY THEREOF,
WHERE COMPETITIVE BIDDING IS REQUIRED BY STATUTE, RULE OR REGULATION,
FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE
SOLD, SHALL CONTAIN THE FOLLOWING STATEMENT SUBSCRIBED BY THE BIDDER AND
AFFIRMED BY SUCH BIDDER AS TRUE UNDER THE PENALTY OF PERJURY:
"BY SUBMISSION OF THIS BID, EACH BIDDER AND EACH PERSON SIGNING ON
BEHALF OF ANY BIDDER CERTIFIES, AND IN THE CASE OF A JOINT BID EACH
PARTY THERETO CERTIFIES AS TO ITS OWN ORGANIZATION, UNDER PENALTY OF
PERJURY, THAT THE BIDDER HAS AND HAS IMPLEMENTED A WRITTEN POLICY
ADDRESSING SEXUAL HARASSMENT PREVENTION IN THE WORKPLACE AND PROVIDES
ANNUAL SEXUAL HARASSMENT PREVENTION TRAINING TO ALL OF ITS EMPLOYEES.
S. 7507--C 79 A. 9507--C
SUCH POLICY SHALL, AT A MINIMUM, MEET THE REQUIREMENTS OF SECTION TWO
HUNDRED ONE-G OF THE LABOR LAW."
(B) EVERY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT OR
AGENCY THEREOF, WHERE COMPETITIVE BIDDING IS NOT REQUIRED BY STATUTE,
RULE OR REGULATION, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR
GOODS SOLD OR TO BE SOLD, MAY CONTAIN, AT THE DISCRETION OF THE DEPART-
MENT, AGENCY OR OFFICIAL, THE CERTIFICATION REQUIRED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION.
2. NOTWITHSTANDING THE FOREGOING, THE STATEMENT REQUIRED BY PARAGRAPH
(A) OF SUBDIVISION ONE OF THIS SECTION MAY BE SUBMITTED ELECTRONICALLY
IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SEVEN OF SECTION ONE
HUNDRED SIXTY-THREE OF THIS CHAPTER.
3. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
TO A BIDDER WHO HAS NOT COMPLIED WITH SUBDIVISION ONE OF THIS SECTION;
PROVIDED, HOWEVER, THAT IF THE BIDDER CANNOT MAKE THE FOREGOING CERTIF-
ICATION, SUCH BIDDER SHALL SO STATE AND SHALL FURNISH WITH THE BID A
SIGNED STATEMENT WHICH SETS FORTH IN DETAIL THE REASONS THEREFOR.
4. ANY BID HEREAFTER MADE TO THE STATE OR ANY PUBLIC DEPARTMENT, AGEN-
CY OR OFFICIAL THEREOF, BY A CORPORATE BIDDER FOR WORK OR SERVICES
PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, WHERE SUCH BID
CONTAINS THE STATEMENT REQUIRED BY SUBDIVISION ONE OF THIS SECTION,
SHALL BE DEEMED TO HAVE BEEN AUTHORIZED BY THE BOARD OF DIRECTORS OF
SUCH BIDDER, AND SUCH AUTHORIZATION SHALL BE DEEMED TO INCLUDE THE SIGN-
ING AND SUBMISSION OF SUCH BID AND THE INCLUSION THEREIN OF SUCH STATE-
MENT AS THE ACT AND DEED OF THE CORPORATION.
§ 2. Subdivision 7 of section 163 of the state finance law, as amended
by section 10 of part L of chapter 55 of the laws of 2012, is amended to
read as follows:
7. Method of procurement. Consistent with the requirements of subdivi-
sions three and four of this section, state agencies shall select among
permissible methods of procurement including, but not limited to, an
invitation for bid, request for proposals or other means of solicitation
pursuant to guidelines issued by the state procurement council. State
agencies may accept bids electronically including submission of the
statement of non-collusion required by section one hundred thirty-nine-d
of this chapter, AND THE STATEMENT OF CERTIFICATION REQUIRED BY SECTION
ONE HUNDRED THIRTY-NINE-L OF THIS CHAPTER, and, starting April first,
two thousand twelve, and ending March thirty-first, two thousand
fifteen, may, for commodity, service and technology contracts require
electronic submission as the sole method for the submission of bids for
the solicitation. State agencies shall undertake no more than eighty-
five such electronic bid solicitations, none of which shall be reverse
auctions, prior to April first, two thousand fifteen. In addition, state
agencies may conduct up to twenty reverse auctions through electronic
means, prior to April first, two thousand fifteen. Prior to requiring
the electronic submission of bids, the agency shall make a determi-
nation, which shall be documented in the procurement record, that elec-
tronic submission affords a fair and equal opportunity for offerers to
submit responsive offers. Within thirty days of the completion of the
eighty-fifth electronic bid solicitation, or by April first, two thou-
sand fifteen, whichever is earlier, the commissioner shall prepare a
report assessing the use of electronic submissions and make recommenda-
tions regarding future use of this procurement method. In addition,
within thirty days of the completion of the twentieth reverse auction
through electronic means, or by April first, two thousand fifteen,
whichever is earlier, the commissioner shall prepare a report assessing
S. 7507--C 80 A. 9507--C
the use of reverse auctions through electronic means and make recommen-
dations regarding future use of this procurement method. Such reports
shall be published on the website of the office of general services.
Except where otherwise provided by law, procurements shall be compet-
itive, and state agencies shall conduct formal competitive procurements
to the maximum extent practicable. State agencies shall document the
determination of the method of procurement and the basis of award in the
procurement record. Where the basis for award is the best value offer,
the state agency shall document, in the procurement record and in
advance of the initial receipt of offers, the determination of the eval-
uation criteria, which whenever possible, shall be quantifiable, and the
process to be used in the determination of best value and the manner in
which the evaluation process and selection shall be conducted.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided, however,
that the amendments to subdivision 7 of section 163 of the state finance
law made by section one of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.
SUBPART B
Section 1. The civil practice law and rules are amended by adding a
new section 7515 to read as follows:
§ 7515. MANDATORY ARBITRATION CLAUSES; PROHIBITED. (A) DEFINITIONS. AS
USED IN THIS SECTION:
1. THE TERM "EMPLOYER" SHALL HAVE THE SAME MEANING AS PROVIDED IN
SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW.
2. THE TERM "PROHIBITED CLAUSE" SHALL MEAN ANY CLAUSE OR PROVISION IN
ANY CONTRACT WHICH REQUIRES AS A CONDITION OF THE ENFORCEMENT OF THE
CONTRACT OR OBTAINING REMEDIES UNDER THE CONTRACT THAT THE PARTIES
SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY ALLEGATION OR CLAIM OF AN
UNLAWFUL DISCRIMINATORY PRACTICE OF SEXUAL HARASSMENT.
3. THE TERM "MANDATORY ARBITRATION CLAUSE" SHALL MEAN A TERM OR
PROVISION CONTAINED IN A WRITTEN CONTRACT WHICH REQUIRES THE PARTIES TO
SUCH CONTRACT TO SUBMIT ANY MATTER THEREAFTER ARISING UNDER SUCH
CONTRACT TO ARBITRATION PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION TO
ENFORCE THE PROVISIONS OF SUCH CONTRACT AND WHICH ALSO FURTHER PROVIDES
LANGUAGE TO THE EFFECT THAT THE FACTS FOUND OR DETERMINATION MADE BY THE
ARBITRATOR OR PANEL OF ARBITRATORS IN ITS APPLICATION TO A PARTY ALLEG-
ING AN UNLAWFUL DISCRIMINATORY PRACTICE BASED ON SEXUAL HARASSMENT SHALL
BE FINAL AND NOT SUBJECT TO INDEPENDENT COURT REVIEW.
4. THE TERM "ARBITRATION" SHALL MEAN THE USE OF A DECISION MAKING
FORUM CONDUCTED BY AN ARBITRATOR OR PANEL OF ARBITRATORS WITHIN THE
MEANING AND SUBJECT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OF THE
CIVIL PRACTICE LAW AND RULES.
(B) (I) PROHIBITION. EXCEPT WHERE INCONSISTENT WITH FEDERAL LAW, NO
WRITTEN CONTRACT, ENTERED INTO ON OR AFTER THE EFFECTIVE DATE OF THIS
SECTION SHALL CONTAIN A PROHIBITED CLAUSE AS DEFINED IN PARAGRAPH TWO OF
SUBDIVISION (A) OF THIS SECTION.
(II) EXCEPTIONS. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED
TO IMPAIR OR PROHIBIT AN EMPLOYER FROM INCORPORATING A NON-PROHIBITED
CLAUSE OR OTHER MANDATORY ARBITRATION PROVISION WITHIN SUCH CONTRACT,
THAT THE PARTIES AGREE UPON.
(III) MANDATORY ARBITRATION CLAUSE NULL AND VOID. EXCEPT WHERE INCON-
SISTENT WITH FEDERAL LAW, THE PROVISIONS OF SUCH PROHIBITED CLAUSE AS
DEFINED IN PARAGRAPH TWO OF SUBDIVISION (A) OF THIS SECTION SHALL BE
S. 7507--C 81 A. 9507--C
NULL AND VOID. THE INCLUSION OF SUCH CLAUSE IN A WRITTEN CONTRACT SHALL
NOT SERVE TO IMPAIR THE ENFORCEABILITY OF ANY OTHER PROVISION OF SUCH
CONTRACT.
(C) WHERE THERE IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREE-
MENT AND THIS SECTION, SUCH AGREEMENT SHALL BE CONTROLLING.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART C
Section 1. The public officers law is amended by adding a new section
17-a to read as follows:
§ 17-A. REIMBURSEMENT OF FUNDS PAID BY STATE AGENCIES AND STATE ENTI-
TIES FOR THE PAYMENT OF AWARDS ADJUDICATED IN SEXUAL HARASSMENT CLAIMS.
1. AS USED IN THIS SECTION, THE TERM "EMPLOYEE" SHALL MEAN ANY PERSON
HOLDING A POSITION BY ELECTION, APPOINTMENT, OR EMPLOYMENT IN THE
SERVICE OF THE STATE OF NEW YORK, WHETHER OR NOT COMPENSATED. THE TERM
"EMPLOYEE" SHALL INCLUDE A FORMER EMPLOYEE OR JUDICIALLY APPOINTED
PERSONAL REPRESENTATIVE.
2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY EMPLOYEE WHO HAS BEEN
SUBJECT TO A FINAL JUDGMENT OF PERSONAL LIABILITY FOR INTENTIONAL WRONG-
DOING RELATED TO A CLAIM OF SEXUAL HARASSMENT, SHALL REIMBURSE ANY STATE
AGENCY OR ENTITY THAT MAKES A PAYMENT TO A PLAINTIFF FOR AN ADJUDICATED
AWARD BASED ON A CLAIM OF SEXUAL HARASSMENT RESULTING IN A JUDGMENT, FOR
HIS OR HER PROPORTIONATE SHARE OF SUCH JUDGMENT. SUCH EMPLOYEE SHALL
PERSONALLY REIMBURSE SUCH STATE AGENCY OR ENTITY WITHIN NINETY DAYS OF
THE STATE AGENCY OR ENTITY'S PAYMENT OF SUCH AWARD.
3. IF SUCH EMPLOYEE FAILS TO REIMBURSE SUCH STATE AGENCY OR ENTITY
PURSUANT TO SUBDIVISION TWO OF THIS SECTION WITHIN NINETY DAYS FROM THE
DATE SUCH STATE AGENCY OR ENTITY MAKES A PAYMENT FOR THE FINANCIAL
AWARD, THE COMPTROLLER SHALL, UPON OBTAINING A MONEY JUDGMENT, WITHHOLD
FROM SUCH EMPLOYEE'S COMPENSATION THE AMOUNTS ALLOWABLE PURSUANT TO
SECTION FIFTY-TWO HUNDRED THIRTY-ONE OF THE CIVIL PRACTICE LAW AND
RULES.
4. IF SUCH EMPLOYEE IS NO LONGER EMPLOYED BY SUCH STATE AGENCY OR
ENTITY SUCH STATE AGENCY OR ENTITY SHALL HAVE THE RIGHT TO RECEIVE
REIMBURSEMENT THROUGH THE ENFORCEMENT OF A MONEY JUDGMENT PURSUANT TO
ARTICLE FIFTY-TWO OF THE CIVIL PRACTICE LAW AND RULES.
§ 2. The public officers law is amended by adding a new section 18-a
to read as follows:
§ 18-A. REIMBURSEMENT OF FUNDS PAID BY A PUBLIC ENTITY FOR THE PAYMENT
OF AWARDS ADJUDICATED IN SEXUAL HARASSMENT CLAIMS. 1. AS USED IN THIS
SECTION:
(A) THE TERM "PUBLIC ENTITY" SHALL MEAN (I) A COUNTY, CITY, TOWN,
VILLAGE OR ANY OTHER POLITICAL SUBDIVISION OR CIVIL DIVISION OF THE
STATE; (II) A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, OR ANY OTHER GOVERNMENTAL ENTITY OR COMBINATION OR ASSOCIATION
OF GOVERNMENTAL ENTITIES OPERATING A PUBLIC SCHOOL, COLLEGE, COMMUNITY
COLLEGE OR UNIVERSITY; (III) A PUBLIC IMPROVEMENT OR SPECIAL DISTRICT;
(IV) A PUBLIC AUTHORITY, COMMISSION, AGENCY OR PUBLIC BENEFIT CORPO-
RATION; OR (V) ANY OTHER SEPARATE CORPORATE INSTRUMENTALITY OR UNIT OF
GOVERNMENT; BUT SHALL NOT INCLUDE THE STATE OF NEW YORK OR ANY OTHER
PUBLIC ENTITY THE EMPLOYEES OF WHICH ARE COVERED BY SECTION SEVENTEEN-A
OF THIS ARTICLE.
(B) THE TERM "EMPLOYEE" SHALL MEAN ANY COMMISSIONER, MEMBER OF A
PUBLIC BOARD OR COMMISSION, TRUSTEE, DIRECTOR, OFFICER, EMPLOYEE, OR ANY
S. 7507--C 82 A. 9507--C
OTHER PERSON HOLDING A POSITION BY ELECTION, APPOINTMENT OR EMPLOYMENT
IN THE SERVICE OF A PUBLIC ENTITY, WHETHER OR NOT COMPENSATED. THE TERM
"EMPLOYEE" SHALL INCLUDE A FORMER EMPLOYEE OR JUDICIALLY APPOINTED
PERSONAL REPRESENTATIVE.
2. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY EMPLOYEE WHO HAS BEEN
SUBJECT TO A FINAL JUDGMENT OF PERSONAL LIABILITY FOR INTENTIONAL WRONG-
DOING RELATED TO A CLAIM OF SEXUAL HARASSMENT, SHALL REIMBURSE ANY
PUBLIC ENTITY THAT MAKES A PAYMENT TO A PLAINTIFF FOR AN ADJUDICATED
AWARD BASED ON A CLAIM OF SEXUAL HARASSMENT RESULTING IN A JUDGMENT, FOR
HIS OR HER PROPORTIONATE SHARE OF SUCH JUDGMENT. SUCH EMPLOYEE SHALL
PERSONALLY REIMBURSE SUCH PUBLIC ENTITY WITHIN NINETY DAYS OF THE PUBLIC
ENTITY'S PAYMENT OF SUCH AWARD.
3. IF SUCH EMPLOYEE FAILS TO REIMBURSE SUCH PUBLIC ENTITY PURSUANT TO
SUBDIVISION TWO OF THIS SECTION WITHIN NINETY DAYS FROM THE DATE SUCH
PUBLIC ENTITY MAKES A PAYMENT FOR THE FINANCIAL AWARD, THE CHIEF FISCAL
OFFICER OF SUCH PUBLIC ENTITY SHALL, UPON OBTAINING A MONEY JUDGMENT,
WITHHOLD FROM SUCH EMPLOYEE'S COMPENSATION THE AMOUNTS ALLOWABLE PURSU-
ANT TO SECTION FIFTY-TWO HUNDRED THIRTY-ONE OF THE CIVIL PRACTICE LAW
AND RULES.
4. IF SUCH EMPLOYEE IS NO LONGER EMPLOYED BY SUCH PUBLIC ENTITY, SUCH
PUBLIC ENTITY SHALL HAVE THE RIGHT TO RECEIVE REIMBURSEMENT THROUGH THE
ENFORCEMENT OF A MONEY JUDGMENT PURSUANT TO ARTICLE FIFTY-TWO OF THE
CIVIL PRACTICE LAW AND RULES.
§ 3. This act shall take effect immediately.
SUBPART D
Section 1. The general obligations law is amended by adding a new
section 5-336 to read as follows:
§ 5-336. NONDISCLOSURE AGREEMENTS. NOTWITHSTANDING ANY OTHER LAW TO
THE CONTRARY, NO EMPLOYER, ITS OFFICERS OR EMPLOYEES SHALL HAVE THE
AUTHORITY TO INCLUDE OR AGREE TO INCLUDE IN ANY SETTLEMENT, AGREEMENT OR
OTHER RESOLUTION OF ANY CLAIM, THE FACTUAL FOUNDATION FOR WHICH INVOLVES
SEXUAL HARASSMENT, ANY TERM OR CONDITION THAT WOULD PREVENT THE DISCLO-
SURE OF THE UNDERLYING FACTS AND CIRCUMSTANCES TO THE CLAIM OR ACTION
UNLESS THE CONDITION OF CONFIDENTIALITY IS THE COMPLAINANT'S PREFERENCE.
ANY SUCH TERM OR CONDITION MUST BE PROVIDED TO ALL PARTIES, AND THE
COMPLAINANT SHALL HAVE TWENTY-ONE DAYS TO CONSIDER SUCH TERM OR CONDI-
TION. IF AFTER TWENTY-ONE DAYS SUCH TERM OR CONDITION IS THE
COMPLAINANT'S PREFERENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN
AGREEMENT SIGNED BY ALL PARTIES. FOR A PERIOD OF AT LEAST SEVEN DAYS
FOLLOWING THE EXECUTION OF SUCH AGREEMENT, THE COMPLAINANT MAY REVOKE
THE AGREEMENT, AND THE AGREEMENT SHALL NOT BECOME EFFECTIVE OR BE
ENFORCEABLE UNTIL SUCH REVOCATION PERIOD HAS EXPIRED.
§ 2. The civil practice law and rules is amended by adding a new
section 5003-b to read as follows:
§ 5003-B. NONDISCLOSURE AGREEMENTS. NOTWITHSTANDING ANY OTHER LAW TO
THE CONTRARY, FOR ANY CLAIM OR CAUSE OF ACTION, WHETHER ARISING UNDER
COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE FACTUAL FOUNDATION FOR
WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING, BY AGREED JUDGMENT,
STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE OR
OTHERWISE, NO EMPLOYER, ITS OFFICER OR EMPLOYEE SHALL HAVE THE AUTHORITY
TO INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION
THAT WOULD PREVENT THE DISCLOSURE OF THE UNDERLYING FACTS AND CIRCUM-
STANCES TO THE CLAIM OR ACTION UNLESS THE CONDITION OF CONFIDENTIALITY
IS THE PLAINTIFF'S PREFERENCE. ANY SUCH TERM OR CONDITION MUST BE
S. 7507--C 83 A. 9507--C
PROVIDED TO ALL PARTIES, AND THE PLAINTIFF SHALL HAVE TWENTY-ONE DAYS TO
CONSIDER SUCH TERM OR CONDITION. IF AFTER TWENTY-ONE DAYS SUCH TERM OR
CONDITION IS THE PLAINTIFF'S PREFERENCE, SUCH PREFERENCE SHALL BE MEMO-
RIALIZED IN AN AGREEMENT SIGNED BY ALL PARTIES. FOR A PERIOD OF AT LEAST
SEVEN DAYS FOLLOWING THE EXECUTION OF SUCH AGREEMENT, THE PLAINTIFF MAY
REVOKE THE AGREEMENT, AND THE AGREEMENT SHALL NOT BECOME EFFECTIVE OR BE
ENFORCEABLE UNTIL SUCH REVOCATION PERIOD HAS EXPIRED.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.
SUBPART E
Section 1. The labor law is amended by adding a new section 201-g to
read as follows:
§ 201-G. PREVENTION OF SEXUAL HARASSMENT. 1. THE DEPARTMENT SHALL
CONSULT WITH THE DIVISION OF HUMAN RIGHTS TO CREATE AND PUBLISH A MODEL
SEXUAL HARASSMENT PREVENTION GUIDANCE DOCUMENT AND SEXUAL HARASSMENT
PREVENTION POLICY THAT EMPLOYERS MAY UTILIZE IN THEIR ADOPTION OF A
SEXUAL HARASSMENT PREVENTION POLICY REQUIRED BY THIS SECTION.
A. SUCH MODEL SEXUAL HARASSMENT PREVENTION POLICY SHALL: (I) PROHIBIT
SEXUAL HARASSMENT CONSISTENT WITH GUIDANCE ISSUED BY THE DEPARTMENT IN
CONSULTATION WITH THE DIVISION OF HUMAN RIGHTS AND PROVIDE EXAMPLES OF
PROHIBITED CONDUCT THAT WOULD CONSTITUTE UNLAWFUL SEXUAL HARASSMENT;
(II) INCLUDE BUT NOT BE LIMITED TO INFORMATION CONCERNING THE FEDERAL
AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL HARASSMENT AND REMEDIES
AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT AND A STATEMENT THAT THERE MAY
BE APPLICABLE LOCAL LAWS; (III) INCLUDE A STANDARD COMPLAINT FORM; (IV)
INCLUDE A PROCEDURE FOR THE TIMELY AND CONFIDENTIAL INVESTIGATION OF
COMPLAINTS AND ENSURE DUE PROCESS FOR ALL PARTIES; (V) INFORM EMPLOYEES
OF THEIR RIGHTS OF REDRESS AND ALL AVAILABLE FORUMS FOR ADJUDICATING
SEXUAL HARASSMENT COMPLAINTS ADMINISTRATIVELY AND JUDICIALLY; (VI)
CLEARLY STATE THAT SEXUAL HARASSMENT IS CONSIDERED A FORM OF EMPLOYEE
MISCONDUCT AND THAT SANCTIONS WILL BE ENFORCED AGAINST INDIVIDUALS
ENGAGING IN SEXUAL HARASSMENT AND AGAINST SUPERVISORY AND MANAGERIAL
PERSONNEL WHO KNOWINGLY ALLOW SUCH BEHAVIOR TO CONTINUE; AND (VII)
CLEARLY STATE THAT RETALIATION AGAINST INDIVIDUALS WHO COMPLAIN OF SEXU-
AL HARASSMENT OR WHO TESTIFY OR ASSIST IN ANY PROCEEDING UNDER THE LAW
IS UNLAWFUL.
B. EVERY EMPLOYER SHALL ADOPT THE MODEL SEXUAL HARASSMENT PREVENTION
POLICY PROMULGATED PURSUANT TO THIS SUBDIVISION OR ESTABLISH A SEXUAL
HARASSMENT PREVENTION POLICY TO PREVENT SEXUAL HARASSMENT THAT EQUALS OR
EXCEEDS THE MINIMUM STANDARDS PROVIDED BY SUCH MODEL SEXUAL HARASSMENT
PREVENTION POLICY. SUCH SEXUAL HARASSMENT PREVENTION POLICY SHALL BE
PROVIDED TO ALL EMPLOYEES IN WRITING. SUCH MODEL SEXUAL HARASSMENT
PREVENTION POLICY SHALL BE PUBLICLY AVAILABLE AND POSTED ON THE WEBSITES
OF BOTH THE DEPARTMENT AND THE DIVISION OF HUMAN RIGHTS.
2. THE DEPARTMENT SHALL CONSULT WITH THE DIVISION OF HUMAN RIGHTS AND
PRODUCE A MODEL SEXUAL HARASSMENT PREVENTION TRAINING PROGRAM TO PREVENT
SEXUAL HARASSMENT IN THE WORKPLACE.
A. SUCH MODEL SEXUAL HARASSMENT PREVENTION TRAINING PROGRAM SHALL BE
INTERACTIVE AND INCLUDE: (I) AN EXPLANATION OF SEXUAL HARASSMENT
CONSISTENT WITH GUIDANCE ISSUED BY THE DEPARTMENT IN CONSULTATION WITH
THE DIVISION OF HUMAN RIGHTS; (II) EXAMPLES OF CONDUCT THAT WOULD
CONSTITUTE UNLAWFUL SEXUAL HARASSMENT; (III) INFORMATION CONCERNING THE
FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL HARASSMENT AND
REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT; AND (IV) INFORMATION
S. 7507--C 84 A. 9507--C
CONCERNING EMPLOYEES' RIGHTS OF REDRESS AND ALL AVAILABLE FORUMS FOR
ADJUDICATING COMPLAINTS.
B. THE DEPARTMENT SHALL INCLUDE INFORMATION IN SUCH MODEL SEXUAL
HARASSMENT PREVENTION TRAINING PROGRAM ADDRESSING CONDUCT BY SUPERVISORS
AND ANY ADDITIONAL RESPONSIBILITIES FOR SUCH SUPERVISORS.
C. EVERY EMPLOYER SHALL UTILIZE THE MODEL SEXUAL HARASSMENT PREVENTION
TRAINING PROGRAM PURSUANT TO THIS SUBDIVISION OR ESTABLISH A TRAINING
PROGRAM FOR EMPLOYEES TO PREVENT SEXUAL HARASSMENT THAT EQUALS OR
EXCEEDS THE MINIMUM STANDARDS PROVIDED BY SUCH MODEL TRAINING. SUCH
SEXUAL HARASSMENT PREVENTION TRAINING SHALL BE PROVIDED TO ALL EMPLOYEES
ON AN ANNUAL BASIS.
3. THE COMMISSIONER MAY PROMULGATE REGULATIONS AS HE OR SHE DEEMS
NECESSARY FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF THIS
SECTION.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the department of
labor, in consultation with the division of human rights, is authorized
to create the model sexual harassment prevention policy and the model
sexual harassment prevention training program required to be created and
published pursuant to section 201-g of the labor law as added by section
one of this act.
SUBPART F
Section 1. The executive law is amended by adding a new section 296-d
to read as follows:
§ 296-D. SEXUAL HARASSMENT RELATING TO NON-EMPLOYEES. IT SHALL BE AN
UNLAWFUL DISCRIMINATORY PRACTICE FOR AN EMPLOYER TO PERMIT SEXUAL
HARASSMENT OF NON-EMPLOYEES IN ITS WORKPLACE. AN EMPLOYER MAY BE HELD
LIABLE TO A NON-EMPLOYEE WHO IS A CONTRACTOR, SUBCONTRACTOR, VENDOR,
CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A CONTRACT IN
THE WORKPLACE OR WHO IS AN EMPLOYEE OF SUCH CONTRACTOR, SUBCONTRACTOR,
VENDOR, CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A
CONTRACT IN THE WORKPLACE, WITH RESPECT TO SEXUAL HARASSMENT, WHEN THE
EMPLOYER, ITS AGENTS OR SUPERVISORS KNEW OR SHOULD HAVE KNOWN THAT SUCH
NON-EMPLOYEE WAS SUBJECTED TO SEXUAL HARASSMENT IN THE EMPLOYER'S WORK-
PLACE, AND THE EMPLOYER FAILED TO TAKE IMMEDIATE AND APPROPRIATE CORREC-
TIVE ACTION. IN REVIEWING SUCH CASES INVOLVING NON-EMPLOYEES, THE EXTENT
OF THE EMPLOYER'S CONTROL AND ANY OTHER LEGAL RESPONSIBILITY WHICH THE
EMPLOYER MAY HAVE WITH RESPECT TO THE CONDUCT OF THE HARASSER SHALL BE
CONSIDERED.
§ 2. Subdivision 4 of section 292 of the executive law, as amended by
chapter 97 of the laws of 2014, is amended to read as follows:
4. The term "unlawful discriminatory practice" includes only those
practices specified in sections two hundred ninety-six, two hundred
ninety-six-a [and], two hundred ninety-six-c AND TWO HUNDRED
NINETY-SIX-D of this article.
§ 3. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or subpart 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 subject thereof directly involved in the controversy in which such
judgment shall have been rendered. It is hereby declared to be the
S. 7507--C 85 A. 9507--C
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 dates of Subparts A through F of this Part
shall be as specifically set forth in the last section of such Subparts.
PART LL
Section 1. The public health law is amended by adding a new section
1114-a to read as follows:
§ 1114-A. VOLUNTARY PUBLIC WATER SYSTEM CONSOLIDATION STUDY. 1. THERE
SHALL BE ESTABLISHED IN THE DEPARTMENT, BY THE COMMISSIONER, A VOLUNTARY
PUBLIC WATER SYSTEM CONSOLIDATION STUDY DESIGNED TO EVALUATE THE FEASI-
BILITY OF THE JOINING OF PUBLIC WATER SYSTEMS IN ORDER TO IMPROVE WATER
QUALITY. SUCH STUDY SHALL INCLUDE:
(A) THE FEASIBILITY OF JOINING OF TWO OR MORE PUBLIC WATER SYSTEMS TO
FORM ONE WATER SYSTEM;
(B) THE FEASIBILITY OF THE CONSOLIDATION OF ONE OR MORE PUBLIC WATER
SYSTEMS INTO A LARGER PUBLIC WATER SYSTEM;
(C) THE APPROPRIATE TECHNICAL, MANAGERIAL AND FINANCIAL CAPACITY
NECESSARY FOR CONSOLIDATION, INCLUDING STATE FUNDING MECHANISMS AND
INCENTIVES THAT COULD BE UTILIZED;
(D) POTENTIAL PUBLIC HEALTH IMPACTS OF CONSOLIDATION, INCLUDING ABILI-
TY TO MEET LEGALLY REQUIRED WATER QUALITY STANDARDS AND THE IMPACT ON
MONITORING, REPORTING AND ENFORCEMENT OF DRINKING WATER STANDARDS;
(E) APPROPRIATE AND SUFFICIENT GUIDANCE FROM THE DEPARTMENT NECESSARY
FOR THOSE PUBLIC WATER SYSTEMS INTERESTED IN CONSOLIDATION; AND
(F) RECOMMENDATIONS FOR PUBLIC WATER SYSTEMS INTERESTED IN VOLUNTARY
CONSOLIDATION.
2. THE DEPARTMENT SHALL PREPARE AND SUBMIT A REPORT AND SUPPORTING
MATERIALS TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE
SPEAKER OF THE ASSEMBLY SETTING FORTH THE INFORMATION GATHERED AND
RECOMMENDATIONS TO THE LEGISLATURE BY JANUARY FIRST OF THE FOLLOWING
YEAR.
§ 2. This act shall take effect immediately.
PART MM
Section 1. The public health law is amended by adding a new section
280-c to read as follows:
§ 280-C. PHARMACY AUDITS BY PHARMACY BENEFIT MANAGERS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "PHARMACY BENEFIT MANAGER" SHALL HAVE THE SAME MEANING AS IN
SECTION TWO HUNDRED EIGHTY-A OF THIS ARTICLE.
(B) "PHARMACY" SHALL MEAN A PHARMACY THAT HAS CONTRACTED WITH A PHAR-
MACY BENEFIT MANAGER FOR THE PROVISION OF PHARMACY SERVICES.
2. WHEN CONDUCTING AN AUDIT OF A PHARMACY'S RECORDS, A PHARMACY BENE-
FIT MANAGER SHALL:
(A) NOT CONDUCT AN ON-SITE AUDIT OF A PHARMACY AT ANY TIME DURING THE
FIRST THREE CALENDAR DAYS OF A MONTH;
(B) NOTIFY THE PHARMACY OR ITS CONTRACTING AGENT NO LATER THAN FIFTEEN
DAYS BEFORE THE DATE OF INITIAL ON-SITE AUDIT. SUCH NOTIFICATION TO THE
PHARMACY OR ITS CONTRACTING AGENT SHALL BE IN WRITING DELIVERED EITHER
(I) BY MAIL OR COMMON CARRIER, RETURN RECEIPT REQUESTED, OR (II) ELEC-
TRONICALLY WITH ELECTRONIC RECEIPT CONFIRMATION, ADDRESSED TO THE SUPER-
S. 7507--C 86 A. 9507--C
VISING PHARMACIST OF RECORD AND PHARMACY CORPORATE OFFICE WHERE APPLICA-
BLE, AT LEAST FIFTEEN DAYS BEFORE THE DATE OF AN INITIAL ON-SITE AUDIT;
(C) LIMIT THE AUDIT PERIOD TO TWENTY-FOUR MONTHS AFTER THE DATE A
CLAIM IS SUBMITTED TO OR ADJUDICATED BY THE PHARMACY BENEFIT MANAGER;
(D) INCLUDE IN THE WRITTEN ADVANCE NOTICE OF AN ON-SITE AUDIT THE LIST
OF SPECIFIC PRESCRIPTION NUMBERS TO BE INCLUDED IN THE AUDIT THAT MAY OR
MAY NOT INCLUDE THE FINAL TWO DIGITS OF THE PRESCRIPTION NUMBERS;
(E) USE THE WRITTEN AND VERIFIABLE RECORDS OF A HOSPITAL, PHYSICIAN OR
OTHER AUTHORIZED PRACTITIONER, WHICH ARE TRANSMITTED BY ANY MEANS OF
COMMUNICATION, TO VALIDATE THE PHARMACY RECORDS IN ACCORDANCE WITH STATE
AND FEDERAL LAW;
(F) LIMIT THE NUMBER OF PRESCRIPTIONS AUDITED TO NO MORE THAN ONE
HUNDRED RANDOMLY SELECTED IN A TWELVE-MONTH PERIOD, EXCEPT IN CASES OF
FRAUD;
(G) PROVIDE THE PHARMACY OR ITS CONTRACTING AGENT WITH A COPY OF THE
PRELIMINARY AUDIT REPORT WITHIN FORTY-FIVE DAYS AFTER THE CONCLUSION OF
THE AUDIT;
(H) BE ALLOWED TO CONDUCT A FOLLOW-UP AUDIT ON-SITE IF A REMOTE OR
DESK AUDIT REVEALS THE NECESSITY FOR A REVIEW OF ADDITIONAL CLAIMS;
(I) IN THE CASE OF INVOICE AUDITS, ACCEPT AS VALIDATION INVOICES FROM
ANY WHOLESALER REGISTERED WITH THE DEPARTMENT OF EDUCATION FROM WHICH
THE PHARMACY HAS PURCHASED PRESCRIPTION DRUGS OR, IN THE CASE OF DURABLE
MEDICAL EQUIPMENT OR SICKROOM SUPPLIES, INVOICES FROM AN AUTHORIZED
DISTRIBUTOR OTHER THAN A WHOLESALER;
(J) PROVIDE THE PHARMACY OR ITS CONTRACTING AGENT WITH THE ABILITY TO
PROVIDE DOCUMENTATION TO ADDRESS A DISCREPANCY OR AUDIT FINDING,
PROVIDED THAT SUCH DOCUMENTATION MUST BE RECEIVED BY THE PHARMACY BENE-
FIT MANAGER NO LATER THAN THE FORTY-FIFTH DAY AFTER THE PRELIMINARY
AUDIT REPORT WAS PROVIDED TO THE PHARMACY OR ITS CONTRACTING AGENT. THE
PHARMACY BENEFIT MANAGER SHALL CONSIDER A REASONABLE REQUEST FROM THE
PHARMACY FOR AN EXTENSION OF TIME TO SUBMIT DOCUMENTATION TO ADDRESS OR
CORRECT ANY FINDINGS IN THE REPORT; AND
(K) PROVIDE THE PHARMACY OR ITS CONTRACTING AGENT WITH THE FINAL AUDIT
REPORT NO LATER THAN SIXTY DAYS AFTER THE INITIAL AUDIT REPORT WAS
PROVIDED TO THE PHARMACY OR ITS CONTRACTING AGENT.
3. ANY CLAIM THAT WAS RETROACTIVELY DENIED FOR A CLERICAL ERROR, TYPO-
GRAPHICAL ERROR, SCRIVENER'S ERROR OR COMPUTER ERROR SHALL BE PAID IF
THE PRESCRIPTION WAS PROPERLY AND CORRECTLY DISPENSED, UNLESS A PATTERN
OF SUCH ERRORS EXISTS, FRAUDULENT BILLING IS ALLEGED OR THE ERROR
RESULTS IN ACTUAL FINANCIAL LOSS TO THE ENTITY. A CLERICAL ERROR IS AN
ERROR THAT DOES NOT RESULT IN ACTUAL FINANCIAL HARM TO THE COVERED ENTI-
TY OR CONSUMER AND DOES NOT INCLUDE THE DISPENSING OF AN INCORRECT DOSE,
AMOUNT OR TYPE OF MEDICATION OR DISPENSING A PRESCRIPTION DRUG TO THE
WRONG PERSON.
4. THIS SECTION SHALL NOT APPLY TO:
(A) AUDITS IN WHICH SUSPECTED FRAUDULENT ACTIVITY OR OTHER INTENTIONAL
OR WILLFUL MISREPRESENTATION IS EVIDENCED BY A PHYSICAL REVIEW, REVIEW
OF CLAIMS DATA OR STATEMENTS, OR OTHER INVESTIGATIVE METHODS; OR
(B) AUDITS OF CLAIMS PAID FOR BY FEDERALLY FUNDED PROGRAMS; OR
(C) CONCURRENT REVIEWS OR DESK AUDITS THAT OCCUR WITHIN THREE BUSINESS
DAYS OF TRANSMISSION OF A CLAIM AND WHERE NO CHARGEBACK OR RECOUPMENT IS
DEMANDED.
§ 2. Section 280-a of the public health law is amended by adding two
new subdivisions 3 and 4 to read as follows:
3. NO PHARMACY BENEFIT MANAGER SHALL, WITH RESPECT TO CONTRACTS
BETWEEN SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY OR, ALTERNATIVELY,
S. 7507--C 87 A. 9507--C
SUCH PHARMACY BENEFIT MANAGER AND A PHARMACY'S CONTRACTING AGENT, SUCH
AS A PHARMACY SERVICES ADMINISTRATIVE ORGANIZATION:
(A) PROHIBIT OR PENALIZE A PHARMACIST OR PHARMACY FROM DISCLOSING TO
AN INDIVIDUAL PURCHASING A PRESCRIPTION MEDICATION INFORMATION REGARD-
ING:
(1) THE COST OF THE PRESCRIPTION MEDICATION TO THE INDIVIDUAL, OR
(2) THE AVAILABILITY OF ANY THERAPEUTICALLY EQUIVALENT ALTERNATIVE
MEDICATIONS OR ALTERNATIVE METHODS OF PURCHASING THE PRESCRIPTION MEDI-
CATION, INCLUDING BUT NOT LIMITED TO, PAYING A CASH PRICE; OR
(B) CHARGE OR COLLECT FROM AN INDIVIDUAL A COPAYMENT THAT EXCEEDS THE
TOTAL SUBMITTED CHARGES BY THE PHARMACY FOR WHICH THE PHARMACY IS PAID.
IF AN INDIVIDUAL PAYS A COPAYMENT, THE PHARMACY SHALL RETAIN THE ADJUDI-
CATED COSTS AND THE PHARMACY BENEFIT MANAGER SHALL NOT REDACT OR RECOUP
THE ADJUDICATED COST.
4. ANY PROVISION OF A CONTRACT THAT VIOLATES THE PROVISIONS OF THIS
SECTION SHALL BE DEEMED TO BE VOID AND UNENFORCEABLE.
§ 3. Paragraph 31 of subsection (i) of section 3216 of the insurance
law is amended by adding a new subparagraph (E) to read as follows:
(E) THIS SUBPARAGRAPH SHALL APPLY TO FACILITIES IN THIS STATE CERTI-
FIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR THE
PROVISION OF OUTPATIENT, INTENSIVE OUTPATIENT, OUTPATIENT REHABILITATION
AND OPIOID TREATMENT THAT ARE PARTICIPATING IN THE INSURER'S PROVIDER
NETWORK. COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL NOT BE SUBJECT TO
PREAUTHORIZATION. COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL NOT BE
SUBJECT TO CONCURRENT REVIEW FOR THE FIRST TWO WEEKS OF CONTINUOUS
TREATMENT, NOT TO EXCEED FOURTEEN VISITS, PROVIDED THE FACILITY NOTIFIES
THE INSURER OF BOTH THE START OF TREATMENT AND THE INITIAL TREATMENT
PLAN WITHIN FORTY-EIGHT HOURS. THE FACILITY SHALL PERFORM CLINICAL
ASSESSMENT OF THE PATIENT AT EACH VISIT, INCLUDING THE PERIODIC CONSUL-
TATION WITH THE INSURER TO ENSURE THAT THE FACILITY IS USING THE
EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL UTILIZED BY THE
INSURER WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES AND APPROPRIATE TO THE AGE OF THE PATIENT, TO ENSURE THAT
THE OUTPATIENT TREATMENT IS MEDICALLY NECESSARY FOR THE PATIENT. ANY
UTILIZATION REVIEW OF THE TREATMENT PROVIDED UNDER THIS SUBPARAGRAPH MAY
INCLUDE A REVIEW OF ALL SERVICES PROVIDED DURING SUCH OUTPATIENT TREAT-
MENT, INCLUDING ALL SERVICES PROVIDED DURING THE FIRST TWO WEEKS OF
CONTINUOUS TREATMENT, NOT TO EXCEED FOURTEEN VISITS, OF SUCH OUTPATIENT
TREATMENT. PROVIDED, HOWEVER, THE INSURER SHALL ONLY DENY COVERAGE FOR
ANY PORTION OF THE INITIAL TWO WEEKS OF CONTINUOUS TREATMENT, NOT TO
EXCEED FOURTEEN VISITS, FOR OUTPATIENT TREATMENT ON THE BASIS THAT SUCH
TREATMENT WAS NOT MEDICALLY NECESSARY IF SUCH OUTPATIENT TREATMENT WAS
CONTRARY TO THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL
UTILIZED BY THE INSURER WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES. AN INSURED SHALL NOT HAVE ANY FINANCIAL
OBLIGATION TO THE FACILITY FOR ANY TREATMENT UNDER THIS SUBPARAGRAPH
OTHER THAN ANY COPAYMENT, COINSURANCE, OR DEDUCTIBLE OTHERWISE REQUIRED
UNDER THE POLICY.
§ 4. Paragraph 7 of subsection (1) of section 3221 of the insurance
law is amended by adding a new subparagraph (E) to read as follows:
(E) THIS SUBPARAGRAPH SHALL APPLY TO FACILITIES IN THIS STATE CERTI-
FIED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR THE
PROVISION OF OUTPATIENT, INTENSIVE OUTPATIENT, OUTPATIENT REHABILITATION
AND OPIOID TREATMENT THAT ARE PARTICIPATING IN THE INSURER'S PROVIDER
NETWORK. COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL NOT BE SUBJECT TO
PREAUTHORIZATION. COVERAGE PROVIDED UNDER THIS PARAGRAPH SHALL NOT BE
S. 7507--C 88 A. 9507--C
SUBJECT TO CONCURRENT REVIEW FOR THE FIRST TWO WEEKS OF CONTINUOUS
TREATMENT, NOT TO EXCEED FOURTEEN VISITS, PROVIDED THE FACILITY NOTIFIES
THE INSURER OF BOTH THE START OF TREATMENT AND THE INITIAL TREATMENT
PLAN WITHIN FORTY-EIGHT HOURS. THE FACILITY SHALL PERFORM CLINICAL
ASSESSMENT OF THE PATIENT AT EACH VISIT, INCLUDING THE PERIODIC CONSUL-
TATION WITH THE INSURER TO ENSURE THAT THE FACILITY IS USING THE
EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL UTILIZED BY THE
INSURER WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES AND APPROPRIATE TO THE AGE OF THE PATIENT, TO ENSURE THAT
THE OUTPATIENT TREATMENT IS MEDICALLY NECESSARY FOR THE PATIENT. ANY
UTILIZATION REVIEW OF THE TREATMENT PROVIDED UNDER THIS SUBPARAGRAPH MAY
INCLUDE A REVIEW OF ALL SERVICES PROVIDED DURING SUCH OUTPATIENT TREAT-
MENT, INCLUDING ALL SERVICES PROVIDED DURING THE FIRST TWO WEEKS OF
CONTINUOUS TREATMENT, NOT TO EXCEED FOURTEEN VISITS, OF SUCH OUTPATIENT
TREATMENT. PROVIDED, HOWEVER, THE INSURER SHALL ONLY DENY COVERAGE FOR
ANY PORTION OF THE INITIAL TWO WEEKS OF CONTINUOUS TREATMENT, NOT TO
EXCEED FOURTEEN VISITS, FOR OUTPATIENT TREATMENT ON THE BASIS THAT SUCH
TREATMENT WAS NOT MEDICALLY NECESSARY IF SUCH OUTPATIENT TREATMENT WAS
CONTRARY TO THE EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL
UTILIZED BY THE INSURER WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES. AN INSURED SHALL NOT HAVE ANY FINANCIAL
OBLIGATION TO THE FACILITY FOR ANY TREATMENT UNDER THIS SUBPARAGRAPH
OTHER THAN ANY COPAYMENT, COINSURANCE, OR DEDUCTIBLE OTHERWISE REQUIRED
UNDER THE POLICY.
§ 5. Subsection (l) of section 4303 of the insurance law is amended by
adding a new paragraph 5 to read as follows:
(5) THIS PARAGRAPH SHALL APPLY TO FACILITIES IN THIS STATE CERTIFIED
BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES FOR THE
PROVISION OF OUTPATIENT, INTENSIVE OUTPATIENT, OUTPATIENT REHABILITATION
AND OPIOID TREATMENT THAT ARE PARTICIPATING IN THE CORPORATION'S PROVID-
ER NETWORK. COVERAGE PROVIDED UNDER THIS SUBSECTION SHALL NOT BE SUBJECT
TO PREAUTHORIZATION. COVERAGE PROVIDED UNDER THIS SUBSECTION SHALL NOT
BE SUBJECT TO CONCURRENT REVIEW FOR THE FIRST TWO WEEKS OF CONTINUOUS
TREATMENT, NOT TO EXCEED FOURTEEN VISITS, PROVIDED THE FACILITY NOTIFIES
THE CORPORATION OF BOTH THE START OF TREATMENT AND THE INITIAL TREATMENT
PLAN WITHIN FORTY-EIGHT HOURS. THE FACILITY SHALL PERFORM CLINICAL
ASSESSMENT OF THE PATIENT AT EACH VISIT, INCLUDING THE PERIODIC CONSUL-
TATION WITH THE CORPORATION TO ENSURE THAT THE FACILITY IS USING THE
EVIDENCE-BASED AND PEER REVIEWED CLINICAL REVIEW TOOL UTILIZED BY THE
CORPORATION WHICH IS DESIGNATED BY THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES AND APPROPRIATE TO THE AGE OF THE PATIENT, TO
ENSURE THAT THE OUTPATIENT TREATMENT IS MEDICALLY NECESSARY FOR THE
PATIENT. ANY UTILIZATION REVIEW OF THE TREATMENT PROVIDED UNDER THIS
PARAGRAPH MAY INCLUDE A REVIEW OF ALL SERVICES PROVIDED DURING SUCH
OUTPATIENT TREATMENT, INCLUDING ALL SERVICES PROVIDED DURING THE FIRST
TWO WEEKS OF CONTINUOUS TREATMENT, NOT TO EXCEED FOURTEEN VISITS, OF
SUCH OUTPATIENT TREATMENT. PROVIDED, HOWEVER, THE CORPORATION SHALL ONLY
DENY COVERAGE FOR ANY PORTION OF THE INITIAL TWO WEEKS OF CONTINUOUS
TREATMENT, NOT TO EXCEED FOURTEEN VISITS, FOR OUTPATIENT TREATMENT ON
THE BASIS THAT SUCH TREATMENT WAS NOT MEDICALLY NECESSARY IF SUCH OUTPA-
TIENT TREATMENT WAS CONTRARY TO THE EVIDENCE-BASED AND PEER REVIEWED
CLINICAL REVIEW TOOL UTILIZED BY THE CORPORATION WHICH IS DESIGNATED BY
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES. A SUBSCRIBER
SHALL NOT HAVE ANY FINANCIAL OBLIGATION TO THE FACILITY FOR ANY TREAT-
MENT UNDER THIS PARAGRAPH OTHER THAN ANY COPAYMENT, COINSURANCE, OR
DEDUCTIBLE OTHERWISE REQUIRED UNDER THE CONTRACT.
S. 7507--C 89 A. 9507--C
§ 6. The public health law is amended by adding two new sections 2531
and 2532 to read as follows:
§ 2531. CHILDREN AND RECOVERING MOTHERS PROGRAM. SUBJECT TO APPROPRI-
ATION, THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES, IS AUTHORIZED TO ESTABLISH THE
CHILDREN AND RECOVERING MOTHERS PROGRAM, A PROGRAM AIMED AT PROVIDING
HEALTH CARE PROVIDERS, HOSPITALS AND MIDWIFERY BIRTH CENTERS WITH GUID-
ANCE, EDUCATION AND ASSISTANCE WHEN PROVIDING CARE TO EXPECTANT MOTHERS
WITH A SUBSTANCE USE DISORDER. SUCH PROGRAM SHALL:
1. PROVIDE INFORMATION TO BOTH HEALTH CARE PROVIDERS AS WELL AS EXPEC-
TANT MOTHERS REGARDING USE OF MEDICATION ASSISTED TREATMENT FOR PREGNANT
WOMEN, WHICH SHALL INCLUDE INFORMATION REGARDING BUPRENORPHRINE TRAIN-
ING, TOOLS FOR PROVIDERS ON EFFECTIVE MANAGEMENT OF WOMEN WITH A
SUBSTANCE USE DISORDER DURING PREGNANCY, AND A REFERRAL LIST OF PROVID-
ERS IN THE AREA;
2. PROVIDE GUIDANCE AND REFERRAL INFORMATION FOR SUBSTANCE USE DISOR-
DER SERVICES, HOME VISITING SERVICES AND OTHER BENEFITS AND SERVICES
THAT THEY MAY BE ELIGIBLE FOR WHILE EXPECTING AND AFTER BIRTH;
3. DEVELOP A SYSTEM FOR RAPID CONSULTATION AND REFERRAL LINKAGE
SERVICES FOR OBSTETRICIANS AND PRIMARY CARE PROVIDERS STATEWIDE WHO
PROVIDE CARE FOR EXPECTANT MOTHERS WITH SUBSTANCE USE DISORDERS;
4. PROVIDE GUIDANCE ON THE IDENTIFICATION OF SIGNS AND SYMPTOMS OF
SUBSTANCE USE DISORDER IN EXPECTANT MOTHERS; AND
5. ANYTHING ELSE DEEMED NECESSARY TO IMPLEMENT THE PROGRAM.
§ 2532. WORKGROUP. THE COMMISSIONER, IN CONJUNCTION WITH THE COMMIS-
SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, SHALL CONVENE A WORK-
GROUP OF STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO, HOSPITALS, LOCAL
HEALTH DEPARTMENTS, OBSTETRICIANS, MIDWIVES, PEDIATRICIANS, AND
SUBSTANCE USE DISORDER PROVIDERS TO STUDY AND EVALUATE BARRIERS AND
CHALLENGES IN IDENTIFYING AND TREATING EXPECTANT MOTHERS, NEWBORNS AND
NEW PARENTS WITH A SUBSTANCE USE DISORDER. THE WORKGROUP SHALL REPORT ON
ITS FINDINGS AND RECOMMENDATIONS TO THE COMMISSIONER, THE COMMISSIONER
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE SPEAKER OF THE ASSEMBLY
AND THE TEMPORARY PRESIDENT OF THE SENATE WITHIN ONE YEAR OF THE EFFEC-
TIVE DATE OF THIS SECTION.
§ 7. Subparagraph (i) of paragraph (d) of subdivision 8 of section
2168 of the public health law, as amended by chapter 154 of the laws of
2013, is amended to read as follows:
(i) schools for THE PURPOSE OF verifying immunization status for
eligibility for admission, FOR THE PURPOSE OF CONFIRMING A STUDENT HAS
BEEN SCREENED FOR LEAD WHEN ENROLLING IN CHILD CARE, PRE-SCHOOL OR
KINDERGARTEN, AND FOR THE PROVISION OF APPROPRIATE EDUCATIONAL MATERIALS
DEVELOPED BY THE DEPARTMENT PURSUANT TO SECTION THIRTEEN HUNDRED SEVEN-
TY-A OF THIS CHAPTER ON THE DANGERS OF LEAD EXPOSURE, AND THE HEALTH
RISKS ASSOCIATED WITH ELEVATED BLOOD LEAD LEVELS TO THE PARENTS OR LEGAL
GUARDIANS OF THE STUDENT WITH AN ELEVATED BLOOD LEAD LEVEL, AS SUCH TERM
IS DEFINED IN SUBDIVISION SIX OF SECTION THIRTEEN HUNDRED SEVENTY OF
THIS CHAPTER, AS WELL AS INFORMATION ON PROGRAMS THAT MAY BE AVAILABLE
TO THE STUDENT AND THE PARENTS OR LEGAL GUARDIANS OF THE STUDENT;
§ 8. Section 1114 of the public health law, as added by section 3 of
part T of chapter 57 of the laws of 2017, is amended to read as follows:
§ 1114. Lead service line replacement grant program. 1. [To the extent
practicable, the] 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
S. 7507--C 90 A. 9507--C
data. In distributing the awards allocated for each region to such
priority municipalities, 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 eligi-
bility.
2. FURTHER, THE DEPARTMENT SHALL ESTABLISH A STATEWIDE PLAN FOR LEAD
SERVICE LINE REPLACEMENT, WHICH SHALL INCLUDE, AT A MINIMUM, A REPORT ON
THE IMPLEMENTATION OF SUBDIVISION ONE OF THIS SECTION, RESOURCES AND
TECHNIQUES FOR IDENTIFYING LEAD SERVICE LINES THROUGHOUT THE STATE, THE
COST OF REPLACING LEAD SERVICE LINES, RECOMMENDATIONS FOR MUNICIPALITIES
ON METHODS FOR EVALUATING THE STATUS OF LEAD SERVICE LINES PRESENT AND
GUIDANCE ON REPLACEMENT.
3. 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.
§ 9. a. Notwithstanding any contrary provision of law, the commission-
er of the New York state department of health is hereby authorized and
directed to prepare or have prepared a study of, and recommendations
for, evidence-based interventions to address the high burden of asthma
in the boroughs of Brooklyn and Manhattan in the city of New York. Such
study shall include an analysis of high risk neighborhoods examining
disparities in: income, race and ethnicity, public and private housing,
and proximity to major sources of air pollution.
b. The study and recommendations authorized pursuant to subdivision a
of this section shall be completed within twenty-four months of the
effective date of this act.
§ 10. Subsection (i) of section 3216 of the insurance law is amended
by adding a new paragraph 34 to read as follows:
(34) EVERY POLICY THAT PROVIDES COVERAGE FOR HOSPITAL, SURGICAL OR
MEDICAL CARE SHALL PROVIDE THE FOLLOWING COVERAGE FOR 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 PHYSICALLY 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 IN BREAST FEEDING DESPITE OPTI-
MAL 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 ENTEROCOLITIS.
§ 11. Subsection (1) of section 3221 of the insurance law is amended
by adding a new paragraph 20 to read as follows:
(20) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSUING A
GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE THAT PROVIDES COVER-
AGE FOR HOSPITAL, SURGICAL OR MEDICAL CARE SHALL PROVIDE THE FOLLOWING
COVERAGE FOR 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 PHYSICALLY 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 QUANTI-
TIES OR PARTICIPATE 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
S. 7507--C 91 A. 9507--C
CONDITION THAT PLACES THE INFANT AT A HIGH RISK FOR DEVELOPMENT OF
NECROTIZING ENTEROCOLITIS.
§ 12. Section 4303 of the insurance law is amended by adding a new
subsection (oo) to read as follows:
(OO) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE
CORPORATION OR A HEALTH SERVICE CORPORATION THAT PROVIDES COVERAGE FOR
HOSPITAL, SURGICAL OR MEDICAL CARE SHALL PROVIDE THE FOLLOWING COVERAGE
FOR 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
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.
§ 13. This act shall take effect immediately.
PART NN
Section 1. Article 33 of the public health law is amended by adding a
new title 2-A to read as follows:
TITLE 2-A
OPIOID STEWARDSHIP ACT
SECTION 3323. OPIOID STEWARDSHIP FUND.
§ 3323. OPIOID STEWARDSHIP FUND. 1. DEFINITIONS:
(A) "OPIOID STEWARDSHIP PAYMENT" SHALL MEAN THE TOTAL AMOUNT TO BE
PAID INTO THE OPIOID STEWARDSHIP FUND FOR EACH STATE FISCAL YEAR AS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION.
(B) "RATABLE SHARE" SHALL MEAN THE INDIVIDUAL PORTION OF THE OPIOID
STEWARDSHIP PAYMENT TO BE PAID BY EACH MANUFACTURER AND DISTRIBUTOR
LICENSED UNDER THIS ARTICLE THAT SELLS OR DISTRIBUTES OPIOIDS IN THE
STATE OF NEW YORK.
(C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
"DISTRIBUTE" SHALL MEAN TO DELIVER A CONTROLLED SUBSTANCE OTHER THAN BY
ADMINISTERING OR DISPENSING TO THE ULTIMATE USER, INCLUDING INTRA-COMPA-
NY TRANSFERS BETWEEN ANY DIVISION, AFFILIATE, SUBSIDIARY, PARENT OR
OTHER ENTITY UNDER COMPLETE COMMON OWNERSHIP AND CONTROL. FOR PURPOSES
OF THIS SECTION, "DISTRIBUTE" SHALL NOT INCLUDE CONTROLLED SUBSTANCES
SURRENDERED TO REVERSE DISTRIBUTORS, OR DONATED TO RECIPIENT ENTITIES OR
THIRD-PARTY INTERMEDIARIES PURSUANT TO THE UNUSED PRESCRIPTION DRUG
DONATION AND REDISPENSING PROGRAM OF SECTION TWO HUNDRED EIGHTY-B OF
THIS CHAPTER.
2. OPIOID STEWARDSHIP PAYMENT IMPOSED ON MANUFACTURERS AND DISTRIBU-
TORS. ALL MANUFACTURERS AND DISTRIBUTORS LICENSED UNDER THIS ARTICLE
(HEREINAFTER REFERRED TO AS "LICENSEES"), THAT SELL OR DISTRIBUTE
OPIOIDS IN THE STATE OF NEW YORK SHALL BE REQUIRED TO PAY AN OPIOID
STEWARDSHIP PAYMENT. ON AN ANNUAL BASIS, THE COMMISSIONER SHALL CERTIFY
TO THE STATE COMPTROLLER THE AMOUNT OF ALL REVENUES COLLECTED FROM
OPIOID STEWARDSHIP PAYMENTS AND ANY PENALTIES IMPOSED. THE AMOUNT OF
REVENUES SO CERTIFIED SHALL BE DEPOSITED QUARTERLY INTO THE OPIOID
STEWARDSHIP FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-AAAAA OF
THE STATE FINANCE LAW. NO LICENSEE SHALL PASS THE COST OF THEIR RATABLE
SHARE AMOUNT TO A PURCHASER, INCLUDING THE ULTIMATE USER OF THE OPIOID,
S. 7507--C 92 A. 9507--C
OR SUCH LICENSEE SHALL BE SUBJECT TO PENALTIES PURSUANT TO SUBDIVISION
TEN OF THIS SECTION.
3. DETERMINATION OF OPIOID STEWARDSHIP PAYMENT. THE TOTAL OPIOID
STEWARDSHIP PAYMENT AMOUNT SHALL BE ONE HUNDRED MILLION DOLLARS ANNUAL-
LY, SUBJECT TO DOWNWARD ADJUSTMENTS PURSUANT TO SUBDIVISION NINE OF THIS
SECTION.
4. REPORTS AND RECORDS. EACH MANUFACTURER AND DISTRIBUTOR LICENSED
UNDER THIS ARTICLE THAT SELLS OR DISTRIBUTES OPIOIDS IN THE STATE OF NEW
YORK SHALL PROVIDE TO THE COMMISSIONER A REPORT DETAILING ALL OPIOIDS
SOLD OR DISTRIBUTED BY SUCH MANUFACTURER OR DISTRIBUTOR IN THE STATE OF
NEW YORK. SUCH REPORT SHALL INCLUDE:
(A) THE MANUFACTURER'S OR DISTRIBUTOR'S NAME, ADDRESS, PHONE NUMBER,
FEDERAL DRUG ENFORCEMENT AGENCY (DEA) REGISTRATION NUMBER AND CONTROLLED
SUBSTANCE LICENSE NUMBER ISSUED BY THE DEPARTMENT;
(B) THE NAME, ADDRESS AND DEA REGISTRATION NUMBER OF THE ENTITY TO
WHOM THE OPIOID WAS SOLD OR DISTRIBUTED;
(C) THE DATE OF THE SALE OR DISTRIBUTION OF THE OPIOID;
(D) THE GROSS RECEIPT TOTAL, IN DOLLARS, OF ALL OPIOIDS SOLD OR
DISTRIBUTED;
(E) THE NAME AND NATIONAL DRUG CODE (NDC) OF THE OPIOID SOLD OR
DISTRIBUTED;
(F) THE NUMBER OF CONTAINERS AND THE STRENGTH AND METRIC QUANTITY OF
CONTROLLED SUBSTANCE IN EACH CONTAINER OF THE OPIOID SOLD OR DISTRIB-
UTED;
(G) THE TOTAL NUMBER OF MORPHINE MILLIGRAM EQUIVALENTS (MMES) SOLD OR
DISTRIBUTED; AND
(H) ANY OTHER ELEMENTS AS DEEMED NECESSARY BY THE COMMISSIONER.
4-A. INITIAL AND FUTURE REPORTS. (A) SUCH INFORMATION SHALL BE
REPORTED ANNUALLY TO THE DEPARTMENT IN SUCH FORM AS DEFINED BY THE
COMMISSIONER, PROVIDED HOWEVER THAT THE INITIAL REPORT PROVIDED PURSUANT
TO SUBDIVISION FOUR SHALL CONSIST OF ALL OPIOIDS SOLD OR DISTRIBUTED IN
THE STATE OF NEW YORK FOR THE TWO THOUSAND SEVENTEEN CALENDAR YEAR, AND
MUST BE SUBMITTED BY AUGUST 1, 2018. SUBSEQUENT ANNUAL REPORTS SHALL BE
SUBMITTED ON APRIL FIRST OF EACH YEAR BASED ON THE ACTUAL OPIOID SALES
AND DISTRIBUTIONS OF THE PRIOR CALENDAR YEAR.
(B) FOR THE PURPOSE OF SUCH ANNUAL REPORTING, MMES SHALL BE DETERMINED
PURSUANT TO A FORMULATION TO BE ISSUED BY THE DEPARTMENT AND UPDATED AS
THE DEPARTMENT DEEMS APPROPRIATE.
5. DETERMINATION OF RATABLE SHARE. EACH MANUFACTURER AND DISTRIBUTOR
LICENSED UNDER THIS ARTICLE THAT SELLS OR DISTRIBUTES OPIOIDS IN THE
STATE OF NEW YORK SHALL PAY A PORTION OF THE TOTAL OPIOID STEWARDSHIP
PAYMENT AMOUNT. THE RATABLE SHARE SHALL BE CALCULATED AS FOLLOWS:
(A) THE TOTAL AMOUNT OF MMES SOLD OR DISTRIBUTED IN THE STATE OF NEW
YORK BY THE LICENSEE FOR THE PRECEDING CALENDAR YEAR, AS REPORTED BY THE
LICENSEE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, SHALL BE DIVIDED
BY THE TOTAL AMOUNT OF MME SOLD IN THE STATE OF NEW YORK BY ALL LICEN-
SEES PURSUANT TO THIS ARTICLE TO DETERMINE THE LICENSEE PAYMENT PERCENT-
AGE. THE LICENSEE PAYMENT PERCENTAGE SHALL BE MULTIPLIED BY THE TOTAL
OPIOID STEWARDSHIP PAYMENT. THE PRODUCT OF SUCH CALCULATION SHALL BE
THE LICENSEE'S RATABLE SHARE. THE DEPARTMENT SHALL HAVE THE AUTHORITY
TO ADJUST THE TOTAL NUMBER OF A LICENSEE'S MMES TO ACCOUNT FOR THE
NATURE AND USE OF THE PRODUCT, AS WELL AS THE TYPE OF ENTITY PURCHASING
THE PRODUCT FROM THE LICENSEE, WHEN MAKING SUCH DETERMINATION AND ADJUST
THE RATABLE SHARE ACCORDINGLY.
(B) THE LICENSEE'S TOTAL AMOUNT OF MME SOLD OR DISTRIBUTED, AS WELL AS
THE TOTAL AMOUNT OF MME SOLD OR DISTRIBUTED BY ALL LICENSEES UNDER THIS
S. 7507--C 93 A. 9507--C
ARTICLE, USED IN THE CALCULATION OF THE RATABLE SHARE SHALL NOT INCLUDE
THE MME OF THOSE OPIOIDS WHICH ARE: (I) MANUFACTURED IN NEW YORK STATE,
BUT WHOSE FINAL POINT OF DELIVERY OR SALE IS OUTSIDE OF NEW YORK STATE;
(II) SOLD OR DISTRIBUTED TO ENTITIES CERTIFIED TO OPERATE PURSUANT TO
ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW, OR ARTICLE FORTY OF THE
PUBLIC HEALTH LAW; OR (III) THE MMES ATTRIBUTABLE TO BUPRENORPHINE,
METHADONE OR MORPHINE.
(C) THE DEPARTMENT SHALL PROVIDE TO THE LICENSEE, IN WRITING, ON OR
BEFORE OCTOBER FIFTEENTH, TWO THOUSAND EIGHTEEN, THE LICENSEE'S RATABLE
SHARE FOR THE TWO THOUSAND SEVENTEEN CALENDAR YEAR. THEREAFTER, THE
DEPARTMENT SHALL NOTIFY THE LICENSEE IN WRITING ANNUALLY ON OR BEFORE
OCTOBER FIFTEENTH OF EACH YEAR BASED ON THE OPIOIDS SOLD OR DISTRIBUTED
FOR THE PRIOR CALENDAR YEAR.
6. PAYMENT OF RATABLE SHARE. THE LICENSEE SHALL MAKE PAYMENTS QUARTER-
LY TO THE DEPARTMENT WITH THE FIRST PAYMENT OF THE RATABLE SHARE,
PROVIDED THAT THE AMOUNT DUE ON JANUARY FIRST, TWO THOUSAND NINETEEN
SHALL BE FOR THE FULL AMOUNT OF THE FIRST ANNUAL PAYMENT, WITH ADDI-
TIONAL PAYMENTS TO BE DUE AND OWING ON THE FIRST DAY OF EVERY QUARTER
THEREAFTER.
7. REBATE OF RATABLE SHARE. IN ANY YEAR FOR WHICH THE COMMISSIONER
DETERMINES THAT A LICENSEE FAILED TO REPORT REQUIRED INFORMATION AS
REQUIRED BY THIS SECTION, THOSE LICENSEES COMPLYING WITH THIS SECTION
SHALL RECEIVE A REDUCED ASSESSMENT OF THEIR RATABLE SHARE IN THE FOLLOW-
ING YEAR EQUAL TO THE AMOUNT IN EXCESS OF ANY OVERPAYMENT IN THE PRIOR
PAYMENT PERIOD.
8. LICENSEE OPPORTUNITY TO APPEAL. A LICENSEE SHALL BE AFFORDED AN
OPPORTUNITY TO SUBMIT INFORMATION TO THE DEPARTMENT TO JUSTIFY WHY THE
RATABLE SHARE PROVIDED TO THE LICENSEE, PURSUANT TO PARAGRAPH (C) OF
SUBDIVISION FIVE OF THIS SECTION, OR AMOUNTS PAID THEREUNDER ARE IN
ERROR OR OTHERWISE NOT WARRANTED. IF THE DEPARTMENT DETERMINES THEREAFT-
ER THAT ALL OR A PORTION OF SUCH RATABLE SHARE, AS DETERMINED BY THE
COMMISSIONER PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, IS NOT
WARRANTED, THE DEPARTMENT MAY: (A) ADJUST THE RATABLE SHARE; (B) ADJUST
THE ASSESSMENT OF THE RATABLE SHARE IN THE FOLLOWING YEAR EQUAL TO THE
AMOUNT IN EXCESS OF ANY OVERPAYMENT IN THE PRIOR PAYMENT PERIOD; OR (C)
REFUND AMOUNTS PAID IN ERROR.
9. DEPARTMENT ANNUAL REVIEW. THE DEPARTMENT SHALL ANNUALLY REVIEW THE
AMOUNT OF STATE OPERATING FUNDS SPENT IN THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES (OASAS) BUDGET FOR OPIOID PREVENTION, TREATMENT
AND RECOVERY. THE COMMISSIONER OF OASAS SHALL CERTIFY TO THE DEPARTMENT
THE AMOUNT OF ANNUAL SPENDING FOR SUCH SERVICES, UTILIZING AVAILABLE
INFORMATION ON PATIENT DEMOGRAPHICS AND THE ACTUAL COST OF SERVICES
DELIVERED BY THE STATE AND BY STATE-FUNDED PROVIDERS. THE CERTIFICATION
OF SUCH SPENDING SHALL BEGIN IN STATE FISCAL YEAR TWO THOUSAND EIGH-
TEEN-NINETEEN, AND CONTINUE ANNUALLY THEREAFTER. THE TOTAL AMOUNT OF
SUCH SPENDING SHALL BE PROVIDED TO THE DEPARTMENT BY THE COMMISSIONER OF
OASAS NO LATER THAN JUNE THIRTIETH OF EACH YEAR. THERE SHALL BE NO
STEWARDSHIP FUND PAYMENTS BEGINNING ON JULY FIRST IN THE EVENT STATE
OPERATING FUNDS SPENT IN THE OASAS BUDGET FOR OPIOID PREVENTION, TREAT-
MENT AND RECOVERY IN THE MOST RECENTLY REPORTED YEAR IS EQUAL TO OR LESS
THAN STATE OPERATING FUNDS SPENT FOR SUCH PURPOSES IN STATE FISCAL YEAR
TWO THOUSAND NINE-TEN.
10. PENALTIES. (A) THE DEPARTMENT MAY ASSESS A CIVIL PENALTY IN AN
AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY AGAINST ANY LICENSEE
THAT FAILS TO COMPLY WITH SUBDIVISIONS FOUR AND FOUR-A OF THIS SECTION.
S. 7507--C 94 A. 9507--C
(B) IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTY PROVIDED BY
LAW, WHERE A LICENSEE HAS FAILED TO PAY ITS RATABLE SHARE IN ACCORDANCE
WITH SUBDIVISION SIX OF THIS SECTION, THE DEPARTMENT MAY ALSO ASSESS A
PENALTY OF NO LESS THAN TEN PERCENT AND NO GREATER THAN THREE HUNDRED
PERCENT OF THE RATABLE SHARE DUE FROM SUCH LICENSEE.
(C) WHERE THE RATABLE SHARE, OR ANY PORTION THEREOF, HAS BEEN PASSED
ON TO A PURCHASER BY A LICENSEE, THE COMMISSIONER MAY IMPOSE A PENALTY
NOT TO EXCEED ONE MILLION DOLLARS PER INCIDENT.
§ 2. Subdivision 1 of section 3316 of the public health law is amended
by adding a new paragraph (c) to read as follows:
(C) IS UNLIKELY DURING THE PERIOD OF HIS OR HER LICENSE TO COMPLETE
THE REPORTS OR TO PAY THE RATABLE SHARE REQUIRED BY TITLE TWO-A OF THIS
ARTICLE ON OR BEFORE THE REQUIRED DATE. PRIOR EVIDENCE OF NON-COMPLIANCE
SHALL CONSTITUTE SUBSTANTIAL EVIDENCE OF SUCH.
§ 3. The state finance law is amended by adding a new section 97-aaaaa
to read as follows:
§ 97-AAAAA. OPIOID STEWARDSHIP FUND. 1. THERE IS HEREBY ESTABLISHED
IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE AN ACCOUNT OF THE MISCELLANEOUS SPECIAL REVENUE
ACCOUNT TO BE KNOWN AS THE "OPIOID STEWARDSHIP FUND".
2. MONEYS IN OPIOID STEWARDSHIP FUND SHALL BE KEPT SEPARATE AND SHALL
NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE STATE
COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE.
3. THE OPIOID STEWARDSHIP FUND SHALL CONSIST OF MONEYS APPROPRIATED
FOR THE PURPOSE OF SUCH ACCOUNT, MONEYS TRANSFERRED TO SUCH ACCOUNT
PURSUANT TO LAW, CONTRIBUTIONS CONSISTING OF PROMISES OR GRANTS OF ANY
MONEY OR PROPERTY OF ANY KIND OR VALUE, OR ANY OTHER THING OF VALUE,
INCLUDING GRANTS OR OTHER FINANCIAL ASSISTANCE FROM ANY AGENCY OF
GOVERNMENT AND MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION OR ANY
OTHER LAW TO BE PAID INTO OR CREDITED TO THIS ACCOUNT.
4. MONEYS OF THE OPIOID STEWARDSHIP FUND, WHEN ALLOCATED, SHALL BE
AVAILABLE, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO
SUPPORT PROGRAMS OPERATED BY THE NEW YORK STATE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES OR AGENCIES CERTIFIED, AUTHORIZED, APPROVED OR
OTHERWISE FUNDED BY THE NEW YORK STATE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES TO PROVIDE OPIOID TREATMENT, RECOVERY AND
PREVENTION AND EDUCATION SERVICES; AND TO PROVIDE SUPPORT FOR THE
PRESCRIPTION MONITORING PROGRAM REGISTRY AS ESTABLISHED PURSUANT TO
SECTION THIRTY-THREE HUNDRED FORTY-THREE-A OF THE PUBLIC HEALTH LAW.
5. AT THE REQUEST OF THE BUDGET DIRECTOR, THE STATE COMPTROLLER SHALL
TRANSFER MONEYS TO SUPPORT THE COSTS OF OPIOID TREATMENT, RECOVERY,
PREVENTION, EDUCATION SERVICES, AND OTHER RELATED PROGRAMS, FROM THE
OPIOID STEWARDSHIP FUND TO ANY OTHER FUND OF THE STATE TO SUPPORT THIS
PURPOSE.
6. (I) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW,
NO MONEYS SHALL BE AVAILABLE FROM THE OPIOID STEWARDSHIP FUND UNTIL A
CERTIFICATE OF ALLOCATION AND A SCHEDULE OF AMOUNTS TO BE AVAILABLE
THEREFOR SHALL HAVE BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, UPON THE
RECOMMENDATION OF THE COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND
SUBSTANCE ABUSE SERVICES, AND A COPY OF SUCH CERTIFICATE FILED WITH THE
COMPTROLLER, THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND THE CHAIR-
MAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(II) SUCH CERTIFICATE MAY BE AMENDED FROM TIME TO TIME BY THE DIRECTOR
OF THE BUDGET, UPON THE RECOMMENDATION OF THE COMMISSIONER OF THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AND A COPY OF SUCH AMENDMENT
S. 7507--C 95 A. 9507--C
SHALL BE FILED WITH THE COMPTROLLER, THE CHAIRMAN OF THE SENATE FINANCE
COMMITTEE AND THE CHAIRMAN OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
7. THE MONEYS, WHEN ALLOCATED, SHALL BE PAID OUT OF THE OPIOID
STEWARDSHIP FUND, PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, AND
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ON THE AUDIT AND
WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY (I) THE
COMMISSIONER OF THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES OR
HIS OR HER DESIGNEE; OR (II) THE COMMISSIONER OF THE DEPARTMENT OF
HEALTH OR HIS OR HER DESIGNEE.
§ 4. Severability. If any clause, sentence, paragraph, subdivision, or
section of this act 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, subdivision, or section directly
involved in the controversy in which such judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this act would have been enacted even if such invalid provisions had not
been included herein.
§ 5. This act shall take effect July 1, 2018 and shall expire and be
deemed to be repealed on June 30, 2024, provided that, effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
§ 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 has 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 NN of this act shall be
as specifically set forth in the last section of such Parts.