S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2007                                                  A. 3007
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee on Ways and Means

 AN ACT to amend the insurance law and the public health law, in relation
   to  the early intervention program for infants and toddlers with disa-
   bilities and their families (Part A); to amend the public health  law,
   in  relation  to  the  general public health work program (Part B); to
   amend the social services law, in relation to requiring monthly premi-
   um payments for the Essential Plan  (Part  C);  to  amend  the  public
   health  law,  in relation to high cost drugs; to amend the tax law, in
   relation to surcharges on high priced drugs; to amend the tax law,  in
   relation  to  secrecy  provisions;  to amend the state finance law, in
   relation to the high priced drug  reimbursement  fund;  to  amend  the
   social services law, in relation to the drug utilization review board;
   to  amend  the social services law, in relation to Medicaid reimburse-
   ment of covered outpatient drugs; to authorize  the  suspension  of  a
   provider's   Medicaid  enrollment  for  inappropriate  prescribing  of
   opioids; to amend the social services law, in relation to  refills  of
   controlled  substances;  to amend the public health law and the social
   services law, in relation to eliminating prescriber prevails with  the
   exception  of  mental  health  medications; to amend the public health
   law, in relation to authorizing for comprehensive  medication  manage-
   ment  by pharmacists; to amend the social services law, in relation to
   reducing Medicaid coverage and increasing copayments for non-prescrip-
   tion drugs, to aligning pharmacy copayment requirements  with  federal
   regulations,  and  to  adjusting  consumer  price  index penalties for
   generic drugs; and to repeal subdivision 25-a of section 364-j of  the
   social  services  law,  relating  to the coverage of certain medically
   necessary prescription drugs by managed care providers  (Part  D);  to
   amend  the public health law, in relation to restricting enrollment in
   the medicaid managed long term care program to individuals who require
   a nursing home level of care and  to  eliminate  payments  to  nursing
   homes for bed hold days; to amend the social services law, in relation
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12571-01-7

 S. 2007                             2                            A. 3007
 
   to  conforming  with federal law with regard to spousal contributions;
   to amend the social services law,  in  relation  to  hospice  services
   covered  under  title XVIII of the federal social security act; and to
   repeal  subdivision 25 of section 2808 of the public health law relat-
   ing to reserved bed days (Part E); to amend the social  services  law,
   in  relation  to carving out transportation from the managed long term
   care benefit; to repeal subdivision 5 of section 365-h of  the  social
   services  law,  relating to rural transit assistance payments to coun-
   ties; and to repeal section 367-s of the social services law, relating
   to emergency medical transportation services (Part F); to amend part H
   of chapter 59 of the laws of 2011, amending the public health law  and
   other  laws relating to known and projected department of health state
   fund medicaid expenditures, in  relation  to  extending  the  Medicaid
   global cap; to create an avenue for contract staff and student assist-
   ants in the department of health's office of health insurance programs
   to  qualify  for  open competitive positions and to establish a health
   care service career internship program; and to amend part C of chapter
   58 of the laws of 2005, authorizing  reimbursements  for  expenditures
   made  by or on behalf of social services districts for medical assist-
   ance for needy persons and the administration thereof, in relation  to
   an  administrative cap on such program (Part G); to amend the New York
   Health Care Reform Act of  1996,  in  relation  to  extending  certain
   provisions  relating thereto; to amend the New York Health Care Reform
   Act of 2000, in relation to extending the effectiveness of  provisions
   thereof;  to  amend the public health law, in relation to the distrib-
   ution of pool allocations and graduate medical education; to amend the
   public health law, in relation to health care initiative pool distrib-
   utions; to amend the social services law,  in  relation  to  extending
   payment  provisions  for  general  hospitals;  and to amend the public
   health law, in relation to the assessments on covered lives (Part  H);
   to  amend  chapter 884 of the laws of 1990, amending the public health
   law relating to authorizing bad debt and charity care  allowances  for
   certified home health agencies, in relation to the effectiveness ther-
   eof;  to  amend  chapter  60  of  the laws of 2014 amending the social
   services law relating to eliminating  prescriber  prevails  for  brand
   name  drugs with generic equivalents, in relation to the effectiveness
   thereof; to amend the public health law, in relation to extending  the
   nursing  home  cash  assessment;  to  amend chapter 474 of the laws of
   1996, amending the education law and other laws relating to rates  for
   residential  health  care facilities, in relation to the effectiveness
   thereof; to amend chapter 58 of the laws of 2007, amending the  social
   services  law and other laws relating to enacting the major components
   of legislation necessary to implement the health  and  mental  hygiene
   budget  for  the  2007-2008 state fiscal year, in relation to delay of
   certain administrative cost; to amend chapter 81 of the laws of  1995,
   amending  the  public  health  law  and other laws relating to medical
   reimbursement and welfare reform, in  relation  to  the  effectiveness
   thereof; to amend chapter 109 of the laws of 2010, amending the social
   services  law  relating  to  transportation  costs, in relation to the
   effectiveness thereof; to amend chapter 56 of the laws of 2013  amend-
   ing chapter 59 of the laws of 2011, amending the public health law and
   other laws relating to general hospital reimbursement for annual rates
   relating to the cap on local Medicaid expenditures, in relation to the
   effectiveness  thereof; to amend chapter 2 of the laws of 1998, amend-
   ing the public health law and other laws  relating  to  expanding  the
   child health insurance plan, in relation to the effectiveness thereof;

 S. 2007                             3                            A. 3007
 
   to  amend chapter 19 of the laws of 1998, amending the social services
   law relating to limiting the method of payment for prescription  drugs
   under the medical assistance program, in relation to the effectiveness
   thereof;  to  amend  the  public health law, in relation to continuing
   nursing home upper payment limit payments; to amend chapter 904 of the
   laws of 1984, amending the public health law and the  social  services
   law relating to encouraging comprehensive health services, in relation
   to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
   amending  the  public  health  law relating to allowing for the use of
   funds of the office of professional medical conduct for activities  of
   the patient health information and quality improvement act of 2000, in
   relation  to  extending the provisions thereof; to amend chapter 59 of
   the laws of 2011, amending the  public  health  law  relating  to  the
   statewide  health  information  network  of New York and the statewide
   planning and  research  cooperative  system  and  general  powers  and
   duties, in relation to the effectiveness thereof; and to amend chapter
   58 of the laws of 2008, amending the elder law and other laws relating
   to reimbursement to participating provider pharmacies and prescription
   drug  coverage,  in  relation  to  extending the expiration of certain
   provisions thereof (Part I); to amend the insurance law,  in  relation
   to pharmacy benefit managers (Part J); to amend the public health law,
   in  relation  to the health care facility transformation program (Part
   K); to amend the public health law,  in  relation  to  establishing  a
   health  care  regulation  modernization  team within the department of
   health (Part L); to amend the public health law, in relation to creat-
   ing the "Emerging Contaminant Monitoring Act" (Part M); to  amend  the
   public  health  law,  the  real  property  law,  and the environmental
   conservation law, in relation to creating the "residential well  test-
   ing act" (Part N); to amend the criminal procedure law, in relation to
   authorizing  restorations  to  competency within correctional facility
   based residential settings; and  providing  for  the  repeal  of  such
   provisions  upon  expiration  thereof (Part O); to amend chapter 56 of
   the laws of 2013 amending chapter 59 of the laws of 2011 amending  the
   public  health  law  and  other  laws  relating  to  general  hospital
   reimbursement for annual rates relating to the cap on  local  Medicaid
   expenditures, in relation to extending government rates for behavioral
   services  and  adding  a value based payment requirement; and to amend
   chapter 111 of the  laws  of  2010  relating  to  increasing  Medicaid
   payments to providers through managed care organizations and providing
   equivalent  fees  through  an ambulatory patient group methodology, in
   relation to extending government rates  for  behavioral  services  and
   adding  a value based payment requirement (Part P); and to amend chap-
   ter 57 of the laws of 2006, relating to establishing a cost of  living
   adjustment  for  designated  human  services  programs, in relation to
   forgoing such adjustment during the 2017-2018 state  fiscal  year  and
   the effectiveness thereof (Part Q)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law major  components  of  legislation
 which are necessary to implement the state fiscal plan for the 2017-2018
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through Q. The effective date for each  particular
 provision contained within such Part is set forth in the last section of

 S. 2007                             4                            A. 3007
 
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found. Section three of  this  act  sets  forth  the
 general effective date of this act.
 
                                  PART A
 
   Section  1.  Paragraph  2  of  subsection (d) of section 3224-a of the
 insurance law, as amended by section 57-b of part A of chapter 56 of the
 laws of 2013, is amended to read as follows:
   (2) "health care provider" shall mean an entity licensed or  certified
 pursuant  to  article  twenty-eight,  thirty-six  or forty of the public
 health law, a facility licensed pursuant to article nineteen or  thirty-
 one  of  the  mental  hygiene law, a fiscal intermediary operating under
 section three hundred sixty five-f of the social services law, AN  INDI-
 VIDUAL  OR AGENCY APPROVED BY THE DEPARTMENT OF HEALTH PURSUANT TO TITLE
 TWO-A OF ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH  LAW,  a  health  care
 professional  licensed,  registered or certified pursuant to title eight
 of  the  education  law,  a  dispenser  or  provider  of  pharmaceutical
 products,  services  or  durable  medical equipment, or a representative
 designated by such entity or person.
   § 2. Section 3235-a of the insurance law, as added  by  section  3  of
 part  C  of  chapter 1 of the laws of 2002, subsection (c) as amended by
 section 17 of part A of chapter 56 of the laws of 2012,  is  amended  to
 read as follows:
   §  3235-a.  Payment  for early intervention services. (a) No policy of
 accident and health insurance, including contracts  issued  pursuant  to
 article  forty-three  of this chapter, shall exclude coverage for other-
 wise covered services solely on the basis that the  services  constitute
 early  intervention  program services under title two-A of article twen-
 ty-five of the public health law.
   (b) Where a policy of  accident  and  health  insurance,  including  a
 contract  issued  pursuant  to  article  forty-three  of  this  chapter,
 provides coverage for an early intervention program service, such cover-
 age shall not be applied against any maximum annual or lifetime monetary
 limits set forth in such policy or contract.  WHEN SUCH POLICY OF  ACCI-
 DENT AND HEALTH INSURANCE, INCLUDING A CONTRACT ISSUED PURSUANT TO ARTI-
 CLE  FORTY-THREE  OF  THIS  CHAPTER, PROVIDES COVERAGE FOR SERVICES THAT
 CONSTITUTES EARLY INTERVENTION SERVICES AS SET FORTH IN PARAGRAPH (H) OF
 SUBDIVISION SEVEN OF SECTION TWENTY FIVE-HUNDRED FORTY-ONE OF THE PUBLIC
 HEALTH LAW OR EARLY INTERVENTION EVALUATION SERVICES  AS  SET  FORTH  IN
 SUBDIVISION  NINE OF SECTION TWENTY-FIVE HUNDRED FORTY-ONE OF THE PUBLIC
 HEALTH LAW, OR PROVIDES COVERAGE FOR AUTISM SPECTRUM  DISORDER  PURSUANT
 TO PARAGRAPH TWENTY-FIVE OF SUBSECTION (I) OF SECTION THIRTY-TWO HUNDRED
 SIXTEEN,  PARAGRAPH  SEVENTEEN  OF  SUBSECTION (L) OF SECTION THIRTY-TWO
 HUNDRED TWENTY-ONE, OR SUBSECTION (EE) OF  SECTION  FORTY-THREE  HUNDRED
 THREE  OF  THIS  CHAPTER, THE INSURER SHALL PAY FOR SUCH SERVICES TO THE
 EXTENT THAT THE SERVICES ARE A COVERED BENEFIT  UNDER  THE  POLICY.  ANY
 DOCUMENTATION  OBTAINED  PURSUANT  TO  CLAUSE  (II)  OF PARAGRAPH (A) OF
 SUBDIVISION THREE OF  SECTION  TWENTY-FIVE  HUNDRED  FIFTY-NINE  OF  THE
 PUBLIC  HEALTH  LAW  AND SUBMITTED TO THE INSURER SHALL BE SUFFICIENT TO
 MEET  PRECERTIFICATION,  PREAUTHORIZATION   AND/OR   MEDICAL   NECESSITY
 REQUIREMENTS IMPOSED UNDER SUCH POLICY OF ACCIDENT AND HEALTH INSURANCE,
 INCLUDING  A  CONTRACT  ISSUED  PURSUANT  TO ARTICLE FORTY-THREE OF THIS

 S. 2007                             5                            A. 3007

 CHAPTER. Visit limitations and other terms and conditions of the  policy
 will  continue  to  apply  to  early intervention services. However, any
 visits used for early intervention program services shall not reduce the
 number  of  visits  otherwise available under the policy or contract for
 such services.
   (c) A POLICY OF ACCIDENT AND HEALTH INSURANCE,  INCLUDING  A  CONTRACT
 ISSUED  PURSUANT  TO ARTICLE FORTY-THREE OF THIS CHAPTER, SHALL NOT DENY
 COVERAGE BASED UPON THE FOLLOWING:
   (I) THE LOCATION WHERE SERVICES ARE PROVIDED; OR
   (II) THE DURATION OF THE CHILD'S CONDITION  AND/OR  THAT  THE  CHILD'S
 CONDITION  IS  NOT AMENDABLE TO SIGNIFICANT IMPROVEMENT WITHIN A CERTAIN
 PERIOD OF TIME AS SPECIFIED IN THE POLICY.
   (D) Any right of subrogation  to  benefits  which  a  municipality  or
 provider  is  entitled  in  accordance with paragraph (d) of subdivision
 three of section twenty-five hundred fifty-nine of the public health law
 shall be valid and enforceable to  the  extent  benefits  are  available
 under any accident and health insurance policy. The right of subrogation
 does  not  attach to insurance benefits paid or provided under any acci-
 dent and health insurance policy prior to  receipt  by  the  insurer  of
 written  notice from the municipality or provider, as applicable.  [The]
 AN INSURER SHALL, WITHIN FIFTEEN BUSINESS DAYS OF RECEIPT OF A NOTICE OF
 RIGHT OF SUBROGATION, NOTIFY THE PROVIDER, IN A FORMAT DETERMINED BY THE
 DEPARTMENT OF HEALTH, THROUGH  THE  DEPARTMENT  OF  HEALTH'S  DESIGNATED
 FISCAL AGENT, WHETHER THE POLICY IS FULLY INSURED OR WHETHER THE INSURER
 IS ACTING AS A THIRD PARTY ADMINISTRATOR.
   (E)  UPON  RECEIPT OF WRITTEN REQUEST AND NOTICE FROM THE MUNICIPALITY
 AND SERVICE COORDINATOR THE insurer shall  provide  [the]  SUCH  munici-
 pality  and  service coordinator with information on the extent of bene-
 fits available to the covered person under such policy, INCLUDING WHETH-
 ER THE POLICY IS FULLY INSURED OR WHETHER THE INSURER  IS  ACTING  AS  A
 THIRD  PARTY ADMINISTRATOR, within fifteen days of the insurer's receipt
 of written request and notice  authorizing  such  release.  The  service
 coordinator  shall  provide  such  information to the rendering provider
 assigned to provide services to the child.
   [(d)] (F) No insurer,  including  a  health  maintenance  organization
 issued a certificate of authority under article forty-four of the public
 health law and a corporation organized under article forty-three of this
 chapter,  shall  refuse to issue an accident and health insurance policy
 or contract or refuse to renew an accident and health  insurance  policy
 or  contract  solely  because  the  applicant  or  insured  is receiving
 services under the early intervention program.
   § 3. Subdivision 3 of section 2543 of the public health law, as  added
 by section 2 of part B3 of chapter 62 of the laws of 2003, is amended to
 read as follows:
   3.  [The]  IN A FORMAT PRESCRIBED BY THE DEPARTMENT, THE parent of the
 eligible child  shall  provide  and  the  early  intervention  official,
 SERVICE  COORDINATOR, AND PROVIDER shall collect such information and or
 documentation as is necessary and sufficient to determine  the  eligible
 child's  third  party  payor coverage and to seek payment from all third
 party payors including the medical assistance program and other  govern-
 mental agency payors.
   §  4.  Subdivision  3-a  of  section 2557 of the public health law, as
 added by section 3 of part L1 of chapter 63 of  the  laws  of  2003,  is
 amended to read as follows:
   3-a.  Each  municipality  may perform an audit, which may include site
 visitation, of evaluators and providers  of  such  services  within  its

 S. 2007                             6                            A. 3007
 
 municipality in accordance with standards established by the commission-
 er.  The  municipality shall submit the results of any such audit to the
 commissioner for review and, if  warranted,  adjustments  in  state  aid
 reimbursement pursuant to subdivision three of this section[, as well as
 for]. THE RESULTS SHALL ALSO INCLUDE ANY recovery by the municipality of
 its share of any disallowances identified in such audit.
   §  5.  Paragraph  (a)  of  subdivision 3 of section 2559 of the public
 health law, as amended by section 11 of part A of chapter 56 of the laws
 of 2012, is amended to read as follows:
   (a) Providers of evaluations and early intervention services,  herein-
 after  collectively  referred  to  in  this subdivision as "provider" or
 "providers", shall in the first  instance  and  where  applicable,  seek
 payment  from  all  third  party  payors including governmental agencies
 prior to claiming payment from  a  given  municipality  for  evaluations
 conducted  under the program and for services rendered to eligible chil-
 dren, provided that, the obligation to seek payment shall not apply to a
 payment from a third party payor who is  not  prohibited  from  applying
 such  payment,  and  will  apply  such payment, to an annual or lifetime
 limit specified in the insured's policy.
   (i) [Parents] IN A FORM PRESCRIBED BY THE  DEPARTMENT,  PARENTS  shall
 provide  the municipality [and], service coordinator AND PROVIDER infor-
 mation on any insurance policy, plan or contract under which an eligible
 child has coverage.
   (ii) [Parents] IN A TIMELINE AND FORMAT AS PRESCRIBED BY  THE  DEPART-
 MENT,  THE  MUNICIPALITY  SHALL  REQUEST FROM THE PARENT, AND THE PARENT
 shall provide the municipality [and the service coordinator], WHO  SHALL
 PROVIDE  SUCH  DOCUMENTATION  TO  THE  SERVICE COORDINATOR AND PROVIDER,
 with: (A) a written ORDER, referral [from a] OR  RECOMMENDATION,  SIGNED
 BY  THE  CHILD'S PRIMARY HEALTH CARE PROVIDER, FOR THE MEDICAL NECESSITY
 OF EARLY INTERVENTION EVALUATION SERVICES TO DETERMINE PROGRAM ELIGIBIL-
 ITY OR EARLY INTERVENTION SERVICES;
   (B) A COPY OF AN INDIVIDUALIZED FAMILY SERVICE PLAN AGREED UPON PURSU-
 ANT TO  SECTION  TWENTY-FIVE  HUNDRED  FORTY-FIVE  OF  THIS  TITLE  THAT
 CONTAINS DOCUMENTATION, SIGNED BY THE CHILD'S primary [care] HEALTH CARE
 provider  [as  documentation,  for eligible children, of] ON the medical
 necessity of early intervention services INCLUDED IN THE  INDIVIDUALIZED
 FAMILY SERVICES PLAN;
   (C) WRITTEN CONSENT TO CONTACT THE CHILD'S PRIMARY HEALTH CARE PROVID-
 ER FOR PURPOSES OF OBTAINING A SIGNED WRITTEN ORDER, REFERRAL, OR RECOM-
 MENDATION  AS  DOCUMENTATION  FOR  THE MEDICAL NECESSITY OF EARLY INTER-
 VENTION EVALUATION SERVICES TO DETERMINE PROGRAM  ELIGIBILITY  OR  EARLY
 INTERVENTION SERVICES; OR
   (D) WRITTEN CONSENT TO CONTACT THE CHILD'S PRIMARY HEALTH CARE PROVID-
 ER  FOR  PURPOSES  OF  OBTAINING  A  SIGNED DOCUMENTATION OF THE MEDICAL
 NECESSITY OF EARLY INTERVENTION SERVICES CONTAINED WITHIN  THE  INDIVID-
 UALIZED  FAMILY SERVICE PLAN AGREED UPON PURSUANT TO SECTION TWENTY-FIVE
 HUNDRED FORTY-FIVE OF THIS TITLE.
   (iii) providers shall utilize the department's fiscal agent  and  data
 system  for claiming payment for evaluations and services rendered under
 the early intervention program.
   (IV) IN ACCORDANCE WITH CRITERIA ESTABLISHED BY THE DEPARTMENT,  WHICH
 MAY  INCLUDE,  BUT NOT BE LIMITED TO, MEDICAL NECESSITY, COORDINATION OF
 BENEFITS, OR UTILIZATION REVIEW, FOR PURSUIT OF APPEALS BY A PROVIDER TO
 AN INSURER WHEN A CLAIM HAS BEEN DENIED BY SUCH INSURER, THE  DEPARTMENT
 OR  THE  DEPARTMENT'S  FISCAL  AGENT  MAY  REQUEST THE PROVIDER APPEAL A
 DENIAL FOR PAYMENT BY A THIRD PARTY PAYOR PRIOR TO CLAIMING  PAYMENT  TO

 S. 2007                             7                            A. 3007
 
 THE  MUNICIPALITY  FOR  THE SERVICES PROVIDED IN ACCORDANCE WITH SECTION
 TWENTY-FIVE HUNDRED FIFTY-SEVEN OF THIS  TITLE.    PROVIDERS  SHALL  NOT
 DISCONTINUE  OR  DELAY  SERVICES TO ELIGIBLE CHILDREN PENDING PAYMENT OF
 THE CLAIM OR DETERMINATIONS OF ANY APPEAL DENIALS.
   §  6.  Paragraph  (d)  of  subdivision 3 of section 2559 of the public
 health law, as amended by section 11 of part A of chapter 56 of the laws
 of 2012, is amended to read as follows:
   (d) A municipality, or its designee, and a provider shall be subrogat-
 ed, to the extent of the expenditures by such municipality or for  early
 intervention  services  furnished to persons eligible for benefits under
 this title, to any rights such person may have or be  entitled  to  from
 third  party  reimbursement. The provider SHALL SUBMIT ANY DOCUMENTATION
 OBTAINED PURSUANT TO CLAUSE (II) OF PARAGRAPH (A)  OF  THIS  SUBDIVISION
 AND  shall  submit notice to the insurer or plan administrator of his or
 her exercise of such right of subrogation upon the provider's assignment
 as the early intervention service provider for the child. The  right  of
 subrogation  does  not  attach  to  benefits  paid or provided under any
 health insurance policy or health benefits  plan  prior  to  receipt  of
 written  notice  of the exercise of subrogation rights by the insurer or
 plan administrator providing such benefits.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in full force and effect on or after April 1, 2017; provided
 however, that the amendments to section 3224-a of the insurance  law  as
 made  by section one of this act and the amendments to section 3235-a of
 the insurance law as made by section two of this act shall apply only to
 policies and contracts issued, renewed, modified, altered or amended  on
 or after such date.
 
                                  PART B
 
   Section  1.  Subdivision 2 of section 605 of the public health law, as
 amended by section 20 of part E of chapter 56 of the laws  of  2013,  is
 amended to read as follows:
   2.  State  aid  reimbursement for public health services provided by a
 municipality under this title, shall be  made  if  the  municipality  is
 providing  some  or all of the core public health services identified in
 section six hundred two of this title, pursuant to an approved  applica-
 tion  for  state  aid,  at a rate of no less than thirty-six per centum,
 EXCEPT FOR A CITY WITH A POPULATION OF  ONE  MILLION  OR  MORE  PERSONS,
 WHICH  SHALL RECEIVE NO LESS THAN TWENTY-NINE PER CENTUM, of the differ-
 ence between the amount of  moneys  expended  by  the  municipality  for
 public health services required by section six hundred two of this title
 during  the fiscal year and the base grant provided pursuant to subdivi-
 sion one of this section. No such reimbursement shall  be  provided  for
 services that are not eligible for state aid pursuant to this article.
   § 2. Subdivision 1 of section 616 of the public health law, as amended
 by section 27 of part E of chapter 56 of the laws of 2013, is amended to
 read as follows:
   1.  The  total  amount  of state aid provided pursuant to this article
 shall be limited to the amount of the annual appropriation made  by  the
 legislature.  In no event, however, shall such state aid be less than an
 amount to provide the full base grant  and,  as  otherwise  provided  by
 [paragraph  (a)  of] subdivision two of section six hundred five of this
 article, at least thirty-six per centum, EXCEPT FOR A CITY WITH A  POPU-
 LATION  OF ONE MILLION OR MORE PERSONS, WHICH SHALL RECEIVE NO LESS THAN
 TWENTY-NINE PER CENTUM, of the difference between the amount  of  moneys

 S. 2007                             8                            A. 3007
 
 expended  by the municipality for eligible public health services pursu-
 ant to an approved application for state aid during the fiscal year  and
 the  base  grant  provided  pursuant  to  subdivision one of section six
 hundred five of this article.
   § 3. This act shall take effect July 1, 2017.
 
                                  PART C
 
   Section 1. Subdivision 5 of section 369-gg of the social services law,
 as  added  by section 51 of part C of chapter 60 of the laws of 2014, is
 amended to read as follows:
   5. Premiums and cost sharing. (a) Subject  to  federal  approval,  the
 commissioner  shall  establish  premium  payments enrollees shall pay to
 approved organizations for coverage of health care services pursuant  to
 this  title. Such premium payments shall be established in the following
 manner:
   (i) up to twenty dollars monthly for an individual  with  a  household
 income above one hundred and [fifty] THIRTY-EIGHT percent of the federal
 poverty  line but at or below two hundred percent of the federal poverty
 line defined and annually revised by the  United  States  department  of
 health and human services for a household of the same size; BEGINNING IN
 TWO  THOUSAND  EIGHTEEN  AND  ANNUALLY  THEREAFTER, SUCH AMOUNT SHALL BE
 INCREASED BASED ON THE PERCENTAGE INCREASE IN THE MEDICAL CONSUMER PRICE
 INDEX, ROUNDED UP TO THE NEAREST DOLLAR; and
   (ii) no payment is required for individuals with a household income at
 or below one hundred and [fifty] THIRTY-EIGHT  percent  of  the  federal
 poverty  line  defined and annually revised by the United States depart-
 ment of health and human services for a household of the same size.
   (b) The commissioner shall  establish  cost  sharing  obligations  for
 enrollees, subject to federal approval.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after January 1, 2018.
 
                                  PART D
 
   Section 1.  The public health law is amended by adding a  new  section
 280 to read as follows:
   §  280.  HIGH  COST  DRUGS.  1.  LEGISLATIVE  PURPOSE. THERE IS HEREBY
 DECLARED TO BE A SIGNIFICANT PUBLIC INTEREST IN THE TRANSPARENCY OF  THE
 COSTS  AND  PRICES  OF  DRUGS,  AND IN BEING ABLE TO REVIEW THE ECONOMIC
 VALUE OF CERTAIN DRUGS TO THE PUBLIC. THIS WOULD BENEFIT THE CITIZENS OF
 THE STATE WHO HAVE A MEDICAL NEED FOR SUCH DRUGS AND WHOSE  TAX  DOLLARS
 CONTRIBUTE  TO  MAKING  SUCH DRUGS AVAILABLE TO THE RECIPIENTS OF PUBLIC
 HEALTH INSURANCE PROGRAMS. IT IS THEREFORE INTENDED THAT THE  DEPARTMENT
 COLLECT  INFORMATION  RELATED  TO  DRUG  COSTS  AND PRICES, AND WITH THE
 ASSISTANCE OF THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED  BY  SECTION
 THREE  HUNDRED  SIXTY-NINE-BB  OF THE SOCIAL SERVICES LAW, IDENTIFY HIGH
 PRICED DRUGS FOR WHICH A PER-UNIT BENCHMARK  PRICE  CAN  BE  DETERMINED.
 SUCH  DRUGS  WILL BE SUBJECT TO THE REBATE PROVISIONS OF SUBDIVISION SIX
 OF THIS SECTION IF THE DRUGS ARE PAID FOR BY THE MEDICAID  PROGRAM,  AND
 TO  A SURCHARGE IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE TWENTY-C OF
 THE TAX LAW.
   2. HIGH PRICED DRUGS. (A) THE DEPARTMENT  MAY  IDENTIFY,  FOR  REVIEW,
 DRUGS WHICH:
   (I)  WHEN  FIRST INTRODUCED ON THE MARKET, ARE PROHIBITIVELY EXPENSIVE
 FOR PATIENTS WHO COULD BENEFIT FROM THE DRUG; OR

 S. 2007                             9                            A. 3007
 
   (II) SUDDENLY OR OVER A RELATIVELY BRIEF PERIOD OF TIME  EXPERIENCE  A
 LARGE PRICE INCREASE AND SUCH INCREASE IS NOT EXPLAINED BY A SIGNIFICANT
 INCREASE IN INGREDIENT COSTS OR BY SOME OTHER RELEVANT FACTOR; OR
   (III) ARE PRICED DISPROPORTIONALLY GIVEN THAT THEY OFFER LIMITED THER-
 APEUTIC BENEFITS.
   (B) DRUGS IDENTIFIED BY THE DEPARTMENT FOR REVIEW MAY INCLUDE:
   (I) BRAND NAME OR GENERIC DRUGS;
   (II)  DRUGS PRODUCED BY MULTIPLE MANUFACTURERS OR BY A SINGLE MANUFAC-
 TURER;
   (III) DRUGS REIMBURSED BY COMMERCIAL AND/OR PUBLIC PAYERS; AND
   (IV) PRESCRIPTION AND NON-PRESCRIPTION DRUGS.
   3. REPORTING REQUIREMENTS. (A) DRUG MANUFACTURERS  SHALL  PROVIDE  THE
 DEPARTMENT,  UPON  REQUEST,  THE  FOLLOWING  INFORMATION WITH RESPECT TO
 DRUGS IDENTIFIED BY THE DEPARTMENT FOR REVIEW:
   (I) THE ACTUAL COST OF DEVELOPING, MANUFACTURING, PRODUCING (INCLUDING
 THE COST PER DOSE OF PRODUCTION), AND DISTRIBUTING THE DRUG;
   (II) RESEARCH AND DEVELOPMENT COSTS OF THE DRUG, INCLUDING PAYMENTS TO
 PREDECESSOR  ENTITIES  CONDUCTING  RESEARCH  AND  DEVELOPMENT,  SUCH  AS
 BIOTECHNOLOGY  COMPANIES,  UNIVERSITIES AND MEDICAL SCHOOLS, AND PRIVATE
 RESEARCH INSTITUTIONS;
   (III) ADMINISTRATIVE, MARKETING, AND ADVERTISING COSTS FOR  THE  DRUG,
 APPORTIONED  BY  MARKETING  ACTIVITIES  THAT  ARE DIRECTED TO CONSUMERS,
 MARKETING ACTIVITIES THAT ARE DIRECTED TO  PRESCRIBERS,  AND  THE  TOTAL
 COST  OF  ALL  MARKETING  AND  ADVERTISING THAT IS DIRECTED PRIMARILY TO
 CONSUMERS AND PRESCRIBERS IN NEW YORK,  INCLUDING  BUT  NOT  LIMITED  TO
 PRESCRIBER DETAILING, COPAYMENT DISCOUNT PROGRAMS, AND DIRECT-TO-CONSUM-
 ER MARKETING;
   (IV) THE EXTENT OF UTILIZATION OF THE DRUG;
   (V)  PRICES  FOR  THE  DRUG THAT ARE CHARGED TO PURCHASERS OUTSIDE THE
 UNITED STATES;
   (VI) PRICES CHARGED TO TYPICAL PURCHASERS IN THE STATE, INCLUDING  BUT
 NOT  LIMITED  TO  PHARMACIES,  PHARMACY CHAINS, PHARMACY WHOLESALERS, OR
 OTHER DIRECT PURCHASERS;
   (VII) THE AVERAGE REBATES AND DISCOUNTS PROVIDED PER PAYER TYPE; 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) THE DEPARTMENT SHALL DEVELOP A STANDARD REPORTING FORM THAT SATIS-
 FIES THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION.
   (C) 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, EXCEPT AS THE COMMISSION-
 ER DETERMINES IS NECESSARY TO CARRY OUT THIS SECTION, OR  TO  ALLOW  THE
 DEPARTMENT,  THE ATTORNEY GENERAL, THE STATE COMPTROLLER, OR THE CENTERS
 FOR MEDICARE AND MEDICAID SERVICES TO PERFORM AUDITS  OR  INVESTIGATIONS
 AUTHORIZED BY LAW.
   4.  REVIEW OF DRUG COST AND PRICING. THE DEPARTMENT MAY REFER COST AND
 PRICING INFORMATION COLLECTED PURSUANT  TO  SUBDIVISION  THREE  OF  THIS
 SECTION WITH RESPECT TO A PARTICULAR DRUG TO THE DRUG UTILIZATION REVIEW
 BOARD, AND REQUEST THE BOARD TO RECOMMEND A VALUE-BASED, PER-UNIT BENCH-
 MARK PRICE FOR THE DRUG, TAKING INTO CONSIDERATION SUCH COST AND PRICING
 INFORMATION AS WELL AS OTHER FACTORS, INCLUDING BUT NOT LIMITED TO:
   (A) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR CONDITION THAT IS
 TREATED BY THE DRUG;
   (B) THE EXTENT OF UTILIZATION OF THE DRUG;

 S. 2007                            10                            A. 3007
 
   (C) THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR WHICH
 IT IS PRESCRIBED;
   (D) THE LIKELIHOOD THAT USE OF THE DRUG WILL REDUCE THE NEED FOR OTHER
 MEDICAL CARE, INCLUDING HOSPITALIZATION;
   (E) THE AVERAGE WHOLESALE PRICE AND RETAIL PRICE OF THE DRUG;
   (F)  THE NUMBER OF PHARMACEUTICAL MANUFACTURERS THAT PRODUCE THE DRUG;
 AND
   (G) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG.
   5. DESIGNATION OF HIGH PRICED DRUGS. IF THE PRICE AT WHICH A  DRUG  IS
 BEING  SOLD  BY  A MANUFACTURER EXCEEDS THE BENCHMARK PRICE FOR THE DRUG
 DETERMINED BY THE DEPARTMENT PURSUANT TO THIS SECTION, THE  COMMISSIONER
 SHALL  DESIGNATE  SUCH  DRUG  A HIGH PRICED DRUG. THE COMMISSIONER SHALL
 PUBLISH ON THE DEPARTMENT WEBSITE A LIST OF  DRUGS  DESIGNATED  AS  HIGH
 PRICED  DRUGS PURSUANT TO THIS SUBDIVISION, ALONG WITH THE DATE ON WHICH
 EACH DRUG FIRST APPEARED ON SUCH LIST AND THE BENCHMARK PRICE  FOR  SUCH
 DRUG DETERMINED BY THE DEPARTMENT.
   6.  REBATES.  (A)  THE COMMISSIONER MAY REQUIRE A DRUG MANUFACTURER TO
 PROVIDE REBATES TO THE DEPARTMENT FOR A DRUG DETERMINED  TO  BE  A  HIGH
 PRICED  DRUG PURSUANT TO SUBDIVISION FOUR OF THIS SECTION WHEN SUCH DRUG
 IS PAID FOR UNDER THE MEDICAID PROGRAM. IN DETERMINING THE AMOUNT OF ANY
 SUCH REBATE, THE COMMISSIONER MAY CONSIDER INFORMATION PROVIDED  BY  THE
 DRUG  MANUFACTURER  WITH RESPECT TO SURCHARGES PAID BY THE MANUFACTURER,
 OR DECREASES IN THE PRICE OF THE DRUG AS A RESULT OF SURCHARGES PAID  BY
 OTHERS, PURSUANT TO ARTICLE TWENTY-C OF THE TAX LAW.
   (B)  REBATES  REQUIRED  BY  THIS  SECTION  SHALL BE IN ADDITION TO ANY
 REBATES PAYABLE TO THE DEPARTMENT PURSUANT TO  ANY  OTHER  PROVISION  OF
 FEDERAL  OR  STATE  LAW.   THE ADDITIONAL REBATES AUTHORIZED PURSUANT TO
 THIS SUBPARAGRAPH SHALL APPLY TO DRUGS DISPENSED TO ENROLLEES OF MANAGED
 CARE PROVIDERS 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.
   § 2. The tax law is amended by adding a new article 20-C  to  read  as
 follows:
                                ARTICLE 20-C
                      SURCHARGE ON HIGH PRICED DRUGS
 SECTION 492. DEFINITIONS.
         493. IMPOSITION OF SURCHARGE.
         494. RETURNS TO BE SECRET.
   §  492.  DEFINITIONS.  1. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS WHEN USED IN THIS SECTION.
   (A) "HIGH PRICED DRUG" SHALL MEAN A  DRUG  DETERMINED  TO  BE  A  HIGH
 PRICED  DRUG PURSUANT TO SECTION TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH
 LAW, BUT NOT UNTIL THE FIFTEENTH  DAY  AFTER  THE  DAY  THE  DRUG  FIRST
 APPEARED  ON  A LIST OF SUCH DRUGS TO BE MAINTAINED BY THE STATE DEPART-
 MENT OF HEALTH ON ITS WEBSITE PURSUANT TO SUBDIVISION SEVEN  OF  SECTION
 FOUR HUNDRED NINETY-THREE OF THIS ARTICLE.
   (B)  "GROSS RECEIPT" SHALL MEAN THE AMOUNT RECEIVED IN OR BY REASON OF
 ANY SALE OF A HIGH PRICED DRUG, CONDITIONAL OR OTHERWISE, OR  IN  OR  BY
 REASON  OF  THE  FURNISHING  OF  SUCH HIGH PRICED DRUG. GROSS RECEIPT IS
 EXPRESSED IN MONEY, WHETHER PAID IN CASH, CREDIT OR PROPERTY OF ANY KIND
 OR NATURE, AND SHALL BE DETERMINED WITHOUT ANY  DEDUCTION  THEREFROM  ON
 ACCOUNT  OF THE COST OF THE SERVICE SOLD OR THE COST OF MATERIALS, LABOR
 OR SERVICES USED OR OTHER COSTS, INTEREST OR DISCOUNT PAID, OR ANY OTHER
 EXPENSES WHATSOEVER. "AMOUNT RECEIVED" FOR THE PURPOSE OF THE DEFINITION
 OF GROSS RECEIPT, AS USED THROUGHOUT  THIS  ARTICLE,  MEANS  THE  AMOUNT
 CHARGED FOR THE SALE OR PROVISION OF A HIGH PRICED DRUG.

 S. 2007                            11                            A. 3007
 
   (C)  "ESTABLISHMENT" SHALL MEAN ANY PERSON, FIRM, CORPORATION OR ASSO-
 CIATION REQUIRED TO BE REGISTERED WITH THE EDUCATION DEPARTMENT PURSUANT
 TO SECTION SIX THOUSAND EIGHT HUNDRED  EIGHT  OR  SECTION  SIX  THOUSAND
 EIGHT  HUNDRED EIGHT-B OF THE EDUCATION LAW AND ANY PERSON, FIRM, CORPO-
 RATION  OR  ASSOCIATION THAT WOULD BE REQUIRED TO BE REGISTERED WITH THE
 EDUCATION DEPARTMENT PURSUANT TO  SECTION  SIX  THOUSAND  EIGHT  HUNDRED
 EIGHT-B OF THE EDUCATION LAW BUT FOR THE EXCEPTION IN SUBDIVISION TWO OF
 SUCH SECTION.
   (D) "EXCESS CHARGE AMOUNT OF THE GROSS RECEIPT" SHALL MEAN THE DIFFER-
 ENCE  BETWEEN  THE  PRICE  CHARGED BY AN ESTABLISHMENT FOR A HIGH PRICED
 DRUG AND THE BENCHMARK PRICE FOR SUCH DRUG AS DETERMINED BY THE  DEPART-
 MENT  OF  HEALTH  PURSUANT  TO  SECTION TWO HUNDRED EIGHTY OF THE PUBLIC
 HEALTH LAW.
   (E) "INVOICE" SHALL MEAN THE INVOICE, SALES SLIP, MEMORANDUM OF  SALE,
 OR OTHER DOCUMENT EVIDENCING A SALE OF A HIGH PRICED DRUG.
   § 493. IMPOSITION OF SURCHARGE. 1. THERE IS HEREBY IMPOSED A SURCHARGE
 ON  THE EXCESS CHARGE AMOUNT OF THE GROSS RECEIPT FROM THE FIRST SALE IN
 THE STATE OF A HIGH PRICED DRUG BY AN ESTABLISHMENT AT THE RATE OF SIXTY
 PERCENT. THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL BE CHARGED  AGAINST
 AND BE PAID BY THE ESTABLISHMENT MAKING SUCH FIRST SALE AND SHALL NOT BE
 ADDED  AS  A  SEPARATE  CHARGE  OR LINE ITEM ON ANY INVOICE GIVEN TO THE
 CUSTOMER OR OTHERWISE PASSED DOWN TO THE CUSTOMER.  HOWEVER,  AN  ESTAB-
 LISHMENT  LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTICLE SHALL CLEARLY
 NOTE ON THE INVOICE FOR THE FIRST SALE OF SUCH HIGH PRICED DRUG  IN  THE
 STATE  ITS  LIABILITY  FOR  THE  SURCHARGE  IMPOSED BY THIS ARTICLE WITH
 REGARD TO SUCH SALE, ALONG WITH ITS NAME, ADDRESS,  AND  TAXPAYER  IDEN-
 TIFICATION NUMBER. ANY SALE OF A HIGH PRICED DRUG IN THIS STATE SHALL BE
 PRESUMED TO BE THE FIRST SALE OF SUCH DRUG IN THE STATE UNLESS THE SELL-
 ER WITH REGARD TO SUCH SALE CAN PROVE THAT THE SURCHARGE IMPOSED BY THIS
 ARTICLE  IS DUE FROM ANOTHER ESTABLISHMENT IN THE CHAIN OF TITLE OF SUCH
 DRUG, WHICH BURDEN CAN BE SATISFIED, AMONG OTHER WAYS, BY  PRODUCING  AN
 INVOICE FROM THE ESTABLISHMENT OWING SUCH SURCHARGE IN WHICH SUCH ESTAB-
 LISHMENT HAS NOTED ITS LIABILITY FOR SUCH SURCHARGE.
   2.  EVERY ESTABLISHMENT LIABLE FOR THE SURCHARGE IMPOSED BY THIS ARTI-
 CLE SHALL, ON OR BEFORE THE TWENTIETH DATE OF EACH MONTH, FILE WITH  THE
 COMMISSIONER  A  RETURN,  ON FORMS TO BE PRESCRIBED BY THE COMMISSIONER,
 SHOWING THE TOTAL EXCESS CHARGE AMOUNT OF ITS  GROSS  RECEIPT  FROM  THE
 FIRST SALE IN THE STATE OF HIGH PRICED DRUGS DURING THE PRECEDING CALEN-
 DAR  MONTH  AND  THE AMOUNT OF SURCHARGE DUE THEREON. SUCH RETURNS SHALL
 CONTAIN SUCH FURTHER INFORMATION AS THE COMMISSIONER MAY REQUIRE.  EVERY
 ESTABLISHMENT REQUIRED TO FILE A RETURN UNDER THIS SECTION SHALL, AT THE
 TIME OF FILING SUCH RETURN, PAY TO THE COMMISSIONER THE TOTAL AMOUNT  OF
 SURCHARGE  DUE  ON  SUCH FIRST SALES OF HIGH PRICED DRUGS FOR THE PERIOD
 COVERED BY SUCH RETURN. IF A RETURN IS NOT FILED WHEN DUE, THE SURCHARGE
 SHALL BE DUE ON THE DAY ON WHICH THE RETURN IS REQUIRED TO BE FILED.
   3. ESTABLISHMENTS MAKING SALES OF HIGH  PRICED  DRUGS  IN  THIS  STATE
 SHALL  MAINTAIN  ALL  INVOICES  PERTAINING TO SUCH SALES FOR THREE YEARS
 AFTER SUCH SALES  UNLESS  THE  COMMISSIONER  PROVIDES  FOR  A  DIFFERENT
 RETENTION  PERIOD BY RULE OR REGULATION. THE ESTABLISHMENT SHALL PRODUCE
 SUCH RECORDS UPON DEMAND BY THE DEPARTMENT.
   4. WHENEVER THE COMMISSIONER SHALL DETERMINE THAT ANY MONEYS  RECEIVED
 UNDER  THE  PROVISIONS  OF THIS ARTICLE WERE PAID IN ERROR, HE MAY CAUSE
 THE SAME TO BE REFUNDED, WITH INTEREST, IN ACCORDANCE  WITH  SUCH  RULES
 AND  REGULATIONS  AS  HE  OR  SHE MAY PRESCRIBE, EXCEPT THAT NO INTEREST
 SHALL BE ALLOWED OR PAID IF THE AMOUNT THEREOF WOULD BE  LESS  THAN  ONE
 DOLLAR.  SUCH  INTEREST  SHALL  BE  AT  THE  OVERPAYMENT RATE SET BY THE

 S. 2007                            12                            A. 3007
 
 COMMISSIONER PURSUANT TO SUBDIVISION TWENTY-SIXTH OF SECTION ONE HUNDRED
 SEVENTY-ONE OF THIS CHAPTER, OR IF NO RATE IS SET, AT THE  RATE  OF  SIX
 PERCENT PER ANNUM, FROM THE DATE WHEN THE SURCHARGE, PENALTY OR INTEREST
 TO BE REFUNDED WAS PAID TO A DATE PRECEDING THE DATE OF THE REFUND CHECK
 BY  NOT MORE THAN THIRTY DAYS.  PROVIDED, HOWEVER, THAT FOR THE PURPOSES
 OF THIS SUBDIVISION, ANY SURCHARGE PAID BEFORE THE LAST  DAY  PRESCRIBED
 FOR ITS PAYMENT SHALL BE DEEMED TO HAVE BEEN PAID ON SUCH LAST DAY. SUCH
 MONEYS  RECEIVED  UNDER  THE PROVISIONS OF THIS ARTICLE THAT THE COMMIS-
 SIONER SHALL DETERMINE WERE PAID IN ERROR, MAY BE REFUNDED OUT OF  FUNDS
 IN  THE  CUSTODY  OF  THE  COMPTROLLER  TO THE CREDIT OF SUCH SURCHARGES
 PROVIDED AN APPLICATION THEREFOR IS FILED WITH THE  COMMISSIONER  WITHIN
 TWO YEARS FROM THE TIME THE ERRONEOUS PAYMENT WAS MADE.
   5.  THE PROVISIONS OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER SHALL APPLY
 TO THE SURCHARGE IMPOSED BY THIS ARTICLE IN THE SAME MANNER AND WITH THE
 SAME FORCE AND EFFECT AS IF THE LANGUAGE OF SUCH ARTICLE HAD BEEN INCOR-
 PORATED IN FULL INTO THIS SECTION AND  HAD  EXPRESSLY  REFERRED  TO  THE
 SURCHARGE  IMPOSED  BY  THIS  ARTICLE,  EXCEPT  TO  THE  EXTENT THAT ANY
 PROVISION OF SUCH ARTICLE IS EITHER INCONSISTENT  WITH  A  PROVISION  OF
 THIS ARTICLE OR IS NOT RELEVANT TO THIS ARTICLE.
   6. (A) THE SURCHARGES, INTEREST, AND PENALTIES IMPOSED BY THIS ARTICLE
 AND  COLLECTED  OR RECEIVED BY THE COMMISSIONER SHALL BE DEPOSITED DAILY
 WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPANIES,  AS  MAY
 BE DESIGNATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES, TO THE CREDIT
 OF  THE  HIGH  PRICED  DRUG  REIMBURSEMENT  FUND ESTABLISHED PURSUANT TO
 SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW. AN ACCOUNT MAY BE ESTAB-
 LISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH DEPOSITS WILL  BE  KEPT
 SEPARATE  AND APART FROM ALL OTHER MONEY IN THE POSSESSION OF THE SUPER-
 INTENDENT  OF  FINANCIAL  SERVICES.  THE  SUPERINTENDENT  OF   FINANCIAL
 SERVICES  SHALL REQUIRE ADEQUATE SECURITY FROM ALL SUCH DEPOSITORIES. OF
 THE TOTAL REVENUE COLLECTED OR RECEIVED UNDER THIS ARTICLE,  THE  SUPER-
 INTENDENT  OF FINANCIAL SERVICES SHALL RETAIN SUCH AMOUNT AS THE COMMIS-
 SIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS ARTICLE. THE
 COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEDUCT FROM  THE  AMOUNTS  IT
 RECEIVES  UNDER  THIS  ARTICLE,  BEFORE  DEPOSIT INTO THE TRUST ACCOUNTS
 DESIGNATED BY THE SUPERINTENDENT OF  FINANCIAL  SERVICES,  A  REASONABLE
 AMOUNT  NECESSARY TO EFFECTUATE REFUNDS OF APPROPRIATIONS OF THE DEPART-
 MENT TO REIMBURSE THE DEPARTMENT FOR THE COSTS INCURRED  TO  ADMINISTER,
 COLLECT AND DISTRIBUTE THE SURCHARGES IMPOSED BY THIS ARTICLE.
   (B)  ON  OR BEFORE THE TWELFTH AND TWENTY-SIXTH DAY OF EACH SUCCEEDING
 MONTH, AFTER RESERVING SUCH AMOUNT FOR SUCH REFUNDS AND  DEDUCTING  SUCH
 AMOUNTS  FOR  SUCH  COSTS,  AS  PROVIDED  FOR  IN  PARAGRAPH (A) OF THIS
 SUBSECTION, THE COMMISSIONER SHALL  CERTIFY  TO  THE  SUPERINTENDENT  OF
 FINANCIAL  SERVICES  THE  AMOUNT  OF ALL REVENUES SO RECEIVED DURING THE
 PRIOR MONTH AS A RESULT OF THE SURCHARGES,  INTEREST  AND  PENALTIES  SO
 IMPOSED.  THE  AMOUNT OF REVENUES SO CERTIFIED SHALL BE PAID OVER BY THE
 FIFTEENTH AND THE FINAL BUSINESS DAY OF EACH SUCCEEDING MONTH FROM  SUCH
 ACCOUNT  INTO THE HIGH PRICED DRUG REIMBURSEMENT FUND ESTABLISHED PURSU-
 ANT TO SECTION EIGHTY-NINE-J OF THE STATE FINANCE LAW.
   7. THE STATE DEPARTMENT OF HEALTH SHALL MAINTAIN AND  PUBLISH  ON  ITS
 WEBSITE  A  LIST  OF  DRUGS  DETERMINED, PURSUANT TO SECTION TWO HUNDRED
 EIGHTY OF THE PUBLIC HEALTH LAW, TO BE HIGH PRICED DRUGS, ALONG WITH THE
 DATE ON WHICH EACH DRUG FIRST APPEARED ON THAT LIST  AND  THE  BENCHMARK
 PRICE FOR SUCH DRUG DETERMINED PURSUANT TO SECTION TWO HUNDRED EIGHTY OF
 THE  PUBLIC  HEALTH  LAW  BY  THE DEPARTMENT OF HEALTH.   PROMPTLY AFTER
 INCLUDING A HIGH PRICED DRUG ON  SUCH  LIST,  THE  STATE  DEPARTMENT  OF

 S. 2007                            13                            A. 3007
 
 HEALTH  SHALL  NOTIFY  THE  MANUFACTURER OF SUCH DRUG AND THE DEPARTMENT
 THAT THE DRUG HAS BEEN DETERMINED TO BE A HIGH PRICED DRUG.
   8.  THE  STATE  DEPARTMENT  OF  EDUCATION  AND THE STATE DEPARTMENT OF
 HEALTH  SHALL  COOPERATE  WITH  THE  DEPARTMENT  IN  ADMINISTERING  THIS
 SURCHARGE,  INCLUDING  SHARING WITH THE DEPARTMENT PERTINENT INFORMATION
 ABOUT ESTABLISHMENTS UPON THE REQUEST OF THE COMMISSIONER.
   9. THE COMMISSIONER MAY MAKE,  ADOPT  AND  AMEND  RULES,  REGULATIONS,
 PROCEDURES  AND  FORMS  NECESSARY  FOR THE PROPER ADMINISTRATION OF THIS
 ARTICLE.
   § 494. RETURNS TO BE SECRET. 1. EXCEPT IN ACCORDANCE WITH PROPER JUDI-
 CIAL ORDER OR AS IN THIS SECTION OR OTHERWISE PROVIDED BY LAW, IT  SHALL
 BE UNLAWFUL FOR THE COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPART-
 MENT, OR ANY OFFICER OR PERSON WHO, PURSUANT TO THIS SECTION, IS PERMIT-
 TED  TO INSPECT ANY RETURN OR REPORT OR TO WHOM A COPY, AN ABSTRACT OR A
 PORTION OF ANY RETURN OR REPORT IS FURNISHED, OR TO WHOM ANY INFORMATION
 CONTAINED IN ANY RETURN OR REPORT IS FURNISHED, OR ANY PERSON ENGAGED OR
 RETAINED BY SUCH DEPARTMENT ON AN  INDEPENDENT  CONTRACT  BASIS  OR  ANY
 PERSON  WHO  IN  ANY  MANNER  MAY ACQUIRE KNOWLEDGE OF THE CONTENTS OF A
 RETURN OR REPORT FILED PURSUANT TO THIS ARTICLE TO DIVULGE OR MAKE KNOWN
 IN ANY MANNER THE CONTENTS OR ANY  OTHER  INFORMATION  RELATING  TO  THE
 BUSINESS  OF AN ESTABLISHMENT CONTAINED IN ANY RETURN OR REPORT REQUIRED
 UNDER THIS ARTICLE. THE  OFFICERS  CHARGED  WITH  THE  CUSTODY  OF  SUCH
 RETURNS  OR  REPORTS  SHALL  NOT  BE  REQUIRED TO PRODUCE ANY OF THEM OR
 EVIDENCE OF ANYTHING CONTAINED IN THEM IN ANY ACTION  OR  PROCEEDING  IN
 ANY  COURT,  EXCEPT  ON  BEHALF  OF  THE  STATE, THE STATE DEPARTMENT OF
 HEALTH, THE STATE DEPARTMENT OF EDUCATION  OR  THE  COMMISSIONER  IN  AN
 ACTION  OR  PROCEEDING UNDER THE PROVISIONS OF THIS CHAPTER OR ON BEHALF
 OF THE STATE OR THE COMMISSIONER  IN  ANY  OTHER  ACTION  OR  PROCEEDING
 INVOLVING  THE  COLLECTION  OF A TAX DUE UNDER THIS CHAPTER TO WHICH THE
 STATE OR THE COMMISSIONER IS A PARTY OR A CLAIMANT OR ON BEHALF  OF  ANY
 PARTY  TO ANY ACTION OR PROCEEDING UNDER THE PROVISIONS OF THIS ARTICLE,
 WHEN THE RETURNS OR THE REPORTS OR THE FACTS SHOWN THEREBY ARE  DIRECTLY
 INVOLVED  IN  SUCH  ACTION  OR PROCEEDING, OR IN AN ACTION OR PROCEEDING
 RELATING TO THE REGULATION OR SURCHARGE OF HIGH PRICED DRUGS  ON  BEHALF
 OF  OFFICERS TO WHOM INFORMATION SHALL HAVE BEEN SUPPLIED AS PROVIDED IN
 SUBSECTION TWO OF THIS SECTION, IN ANY OF WHICH  EVENTS  THE  COURT  MAY
 REQUIRE  THE  PRODUCTION  OF,  AND MAY ADMIT IN EVIDENCE SO MUCH OF SAID
 RETURNS OR REPORTS OR OF THE FACTS SHOWN THEREBY AS ARE PERTINENT TO THE
 ACTION OR PROCEEDING AND NO MORE. NOTHING HEREIN SHALL BE  CONSTRUED  TO
 PROHIBIT  THE  COMMISSIONER, IN HIS OR HER DISCRETION, FROM ALLOWING THE
 INSPECTION OR DELIVERY OF A CERTIFIED COPY OF ANY RETURN OR REPORT FILED
 UNDER THIS ARTICLE OR OF ANY INFORMATION CONTAINED IN ANY SUCH RETURN OR
 REPORT BY OR TO A DULY AUTHORIZED  OFFICER  OR  EMPLOYEE  OF  THE  STATE
 DEPARTMENT  OF  HEALTH OR THE STATE DEPARTMENT OF EDUCATION; OR BY OR TO
 THE ATTORNEY GENERAL OR OTHER LEGAL REPRESENTATIVES OF THE STATE WHEN AN
 ACTION SHALL HAVE BEEN RECOMMENDED OR COMMENCED PURSUANT TO THIS CHAPTER
 IN WHICH SUCH RETURNS OR REPORTS OR THE FACTS SHOWN THEREBY ARE DIRECTLY
 INVOLVED; OR THE INSPECTION OF THE RETURNS  OR  REPORTS  REQUIRED  UNDER
 THIS  ARTICLE  BY THE COMPTROLLER OR DULY DESIGNATED OFFICER OR EMPLOYEE
 OF THE STATE DEPARTMENT OF AUDIT AND CONTROL, FOR PURPOSES OF THE  AUDIT
 OF  A  REFUND  OF ANY SURCHARGE PAID BY AN ESTABLISHMENT OR OTHER PERSON
 UNDER THIS ARTICLE; NOR TO PROHIBIT THE DELIVERY TO AN ESTABLISHMENT, OR
 A DULY AUTHORIZED REPRESENTATIVE OF SUCH ESTABLISHMENT, A CERTIFIED COPY
 OF ANY RETURN OR REPORT FILED BY SUCH  ESTABLISHMENT  PURSUANT  TO  THIS
 ARTICLE,  NOR TO PROHIBIT THE PUBLICATION OF STATISTICS SO CLASSIFIED AS

 S. 2007                            14                            A. 3007
 
 TO PREVENT THE IDENTIFICATION OF PARTICULAR RETURNS OR REPORTS  AND  THE
 ITEMS THEREOF.
   2.  THE  COMMISSIONER,  IN  HIS OR HER DISCRETION AND PURSUANT TO SUCH
 RULES AND REGULATIONS AS HE OR SHE MAY ADOPT, MAY PERMIT THE COMMISSION-
 ER OF INTERNAL REVENUE OF THE UNITED STATES, OR THE APPROPRIATE OFFICERS
 OF ANY OTHER STATE WHICH REGULATES OR SURCHARGES HIGH PRICED  DRUGS,  OR
 THE  DULY AUTHORIZED REPRESENTATIVES OF SUCH COMMISSIONER OR OF ANY SUCH
 OFFICERS, TO INSPECT RETURNS OR REPORTS MADE PURSUANT TO  THIS  ARTICLE,
 OR  MAY  FURNISH TO SUCH COMMISSIONER OR OTHER OFFICERS, OR DULY AUTHOR-
 IZED REPRESENTATIVES, A COPY OF ANY SUCH RETURN OR REPORT OR AN ABSTRACT
 OF THE INFORMATION THEREIN CONTAINED, OR ANY  PORTION  THEREOF,  OR  MAY
 SUPPLY  SUCH  COMMISSIONER  OR ANY SUCH OFFICERS OR SUCH REPRESENTATIVES
 WITH INFORMATION RELATING TO THE BUSINESS  OF  AN  ESTABLISHMENT  MAKING
 RETURNS  OR  REPORTS  HEREUNDER.  THE  COMMISSIONER MAY REFUSE TO SUPPLY
 INFORMATION PURSUANT TO THIS SUBSECTION TO THE COMMISSIONER OF  INTERNAL
 REVENUE  OF  THE  UNITED STATES OR TO THE OFFICERS OF ANY OTHER STATE IF
 THE STATUTES OF THE UNITED STATES, OR OF THE STATE REPRESENTED  BY  SUCH
 OFFICERS,  DO  NOT GRANT SUBSTANTIALLY SIMILAR PRIVILEGES TO THE COMMIS-
 SIONER, BUT SUCH REFUSAL SHALL NOT BE MANDATORY. INFORMATION  SHALL  NOT
 BE SUPPLIED TO THE COMMISSIONER OF INTERNAL REVENUE OF THE UNITED STATES
 OR  THE  APPROPRIATE  OFFICERS  OF  ANY  OTHER  STATE WHICH REGULATES OR
 SURCHARGES HIGH PRICED DRUGS, OR THE DULY AUTHORIZED REPRESENTATIVES  OF
 SUCH  COMMISSIONER OR OF ANY OF SUCH OFFICERS, UNLESS SUCH COMMISSIONER,
 OFFICER OR OTHER REPRESENTATIVES SHALL AGREE  NOT  TO  DIVULGE  OR  MAKE
 KNOWN  IN  ANY MANNER THE INFORMATION SO SUPPLIED, BUT SUCH OFFICERS MAY
 TRANSMIT SUCH INFORMATION TO THEIR EMPLOYEES  OR  LEGAL  REPRESENTATIVES
 WHEN NECESSARY, WHO IN TURN SHALL BE SUBJECT TO THE SAME RESTRICTIONS AS
 THOSE  HEREBY IMPOSED UPON SUCH COMMISSIONER, OFFICER OR OTHER REPRESEN-
 TATIVES.
   3. (A) ANY OFFICER OR EMPLOYEE OF THE STATE WHO WILLFULLY VIOLATES THE
 PROVISIONS OF SUBSECTION ONE OR TWO OF THIS SECTION SHALL  BE  DISMISSED
 FROM  OFFICE AND BE INCAPABLE OF HOLDING ANY PUBLIC OFFICE IN THIS STATE
 FOR A PERIOD OF FIVE YEARS THEREAFTER.
   (B) CROSS-REFERENCE: FOR CRIMINAL PENALTIES, SEE ARTICLE  THIRTY-SEVEN
 OF THIS CHAPTER.
   §  3.  Section 1825 of the tax law, as amended by section 89 of part A
 of chapter 59 of the laws of 2014, is amended to read as follows:
   § 1825. Violation of secrecy provisions of the  tax  law.--Any  person
 who  violates  the  provisions of subdivision (b) of section twenty-one,
 subdivision one of section two hundred two, subdivision eight of section
 two hundred eleven, subdivision (a) of section three  hundred  fourteen,
 subdivision  one  or  two  of section four hundred thirty-seven, section
 four hundred eighty-seven, SECTION FOUR HUNDRED NINETY-FOUR, subdivision
 one or two of section five hundred fourteen, subsection (e)  of  section
 six  hundred  ninety-seven, subsection (a) of section nine hundred nine-
 ty-four, subdivision (a) of section eleven  hundred  forty-six,  section
 twelve hundred eighty-seven, subdivision (a) of section fourteen hundred
 eighteen,  subdivision (a) of section fifteen hundred eighteen, subdivi-
 sion (a) of section fifteen hundred  fifty-five  of  this  chapter,  and
 subdivision  (e)  of  section  11-1797 of the administrative code of the
 city of New York shall be guilty of a misdemeanor.
   § 4.  The state finance law is amended by adding a new section 89-j to
 read as follows:
   § 89-J. HIGH PRICED DRUG REIMBURSEMENT  FUND.    1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  SOLE  CUSTODY  OF  THE SUPERINTENDENT OF FINANCIAL

 S. 2007                            15                            A. 3007
 
 SERVICES AN AGENCY FUND, TO BE KNOWN AS THE "HIGH PRICED DRUG REIMBURSE-
 MENT FUND."
   2.  SUCH  FUND SHALL CONSIST OF REVENUES DERIVED FROM THE SURCHARGE ON
 HIGH PRICED DRUGS IMPOSED BY ARTICLE TWENTY-C OF THE  TAX  LAW  AND  ALL
 OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
 SOURCE PURSUANT TO LAW.
   3. ALL MONEYS RETAINED IN SUCH FUND SHALL BE HELD ON BEHALF OF  HEALTH
 INSURERS  AND  THE NEW YORK MEDICAID PROGRAM, AND PAID OUT BY THE SUPER-
 INTENDENT OF FINANCIAL SERVICES TO HEALTH  INSURERS  AND  THE  NEW  YORK
 MEDICAID  PROGRAM  IN  PROPORTION  TO  HEALTH INSURERS' AND THE NEW YORK
 MEDICAID PROGRAM'S RESPECTIVE COSTS ATTRIBUTABLE TO EACH  PHARMACEUTICAL
 PRODUCT  FOR  WHICH  THE  SURCHARGE ON HIGH PRICE DRUGS WAS IMPOSED. THE
 SUPERINTENDENT OF FINANCIAL  SERVICES  SHALL  ESTABLISH  REGULATIONS  TO
 APPORTION  SUCH REVENUES DERIVED TO REFLECT HEALTH INSURERS' AND THE NEW
 YORK MEDICAID PROGRAM'S RESPECTIVE COSTS FOR SUCH DRUGS.
   4. ALL MONEYS DISTRIBUTED FROM THE HIGH PRICED DRUG REIMBURSEMENT FUND
 TO A HEALTH INSURER SHALL BE, AT THE DISCRETION OF THE SUPERINTENDENT OF
 FINANCIAL SERVICES, EITHER (1) CREDITED TO THE PREMIUMS CHARGED BY  SUCH
 HEALTH INSURER FOR THE NEXT POLICY PERIOD OR (2) CREDITED TO POLICYHOLD-
 ERS PURSUANT TO PROCEDURES THAT THE SUPERINTENDENT OF FINANCIAL SERVICES
 SHALL ESTABLISH BY REGULATIONS.
   5.  FOR  PURPOSES  OF THIS SECTION: (A) "HEALTH INSURER" SHALL MEAN AN
 INSURANCE COMPANY AUTHORIZED IN THIS STATE TO WRITE ACCIDENT AND  HEALTH
 INSURANCE,  A  COMPANY  ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE
 INSURANCE LAW, A MUNICIPAL COOPERATIVE HEALTH BENEFIT  PLAN  ESTABLISHED
 PURSUANT  TO  ARTICLE FORTY-SEVEN OF THE INSURANCE LAW, A HEALTH MAINTE-
 NANCE ORGANIZATION CERTIFIED  PURSUANT  TO  ARTICLE  FORTY-FOUR  OF  THE
 PUBLIC HEALTH LAW, AN INSTITUTION OF HIGHER EDUCATION CERTIFIED PURSUANT
 TO  SECTION  ONE  THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW,
 THE NEW YORK STATE HEALTH INSURANCE PLAN ESTABLISHED UNDER ARTICLE ELEV-
 EN OF THE CIVIL SERVICE LAW, OR AN EMPLOYER  WITH  AN  EMPLOYEE  BENEFIT
 PLAN,  AS DEFINED BY THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT
 OF 1974, PROVIDED THAT THE EMPLOYER VOLUNTARILY ELECTS;
   (B) "NEW YORK MEDICAID PROGRAM"  SHALL  MEAN  THE  MEDICAL  ASSISTANCE
 PROGRAM  FOR NEEDY PERSONS ESTABLISHED PURSUANT TO TITLE ELEVEN OF ARTI-
 CLE FIVE OF THE SOCIAL SERVICES LAW.
   6. THE SUPERINTENDENT OF FINANCIAL SERVICES MAY ISSUE SUCH  RULES  AND
 REGULATIONS  AS HE OR SHE SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION
 AND ADMINISTER THE HIGH PRICED DRUG REIMBURSEMENT FUND.
   7. THE FUNDS SO  RECEIVED  AND  DEPOSITED  IN  THE  HIGH  PRICED  DRUG
 REIMBURSEMENT FUND SHALL NOT BE DEEMED TO BE STATE FUNDS.
   8.  MONEYS DISTRIBUTED FROM THE FUND SHALL NOT BE SUBJECT TO APPROPRI-
 ATION.
   9. NO AMOUNTS MAY BE PAID OUT OF THIS FUND PRIOR TO APRIL  FIRST,  TWO
 THOUSAND EIGHTEEN.
   §  5. Subdivision 1 and paragraph (f) of subdivision 2 of section 369-
 bb of the social services law, subdivision 1 as  amended  and  paragraph
 (f)  of  subdivision 2 as added by section 20 of part A of chapter 56 of
 the laws of 2013, are amended and two new paragraphs  (g)  and  (h)  are
 added to subdivision 2 to read as follows:
   1.  A  [nineteen-member]  TWENTY-THREE  MEMBER drug utilization review
 board is hereby created in the department. The board is responsible  for
 the  establishment  and implementation of medical standards and criteria
 for the retrospective and prospective DUR program.
   (f)(I) The commissioner shall designate a person from  the  department
 to serve as chairperson of the board.

 S. 2007                            16                            A. 3007

   (II) TWO PERSONS WHO ARE HEALTH CARE ECONOMISTS.
   (G) ONE PERSON WHO IS AN ACTUARY.
   (H) ONE PERSON REPRESENTING THE DEPARTMENT OF FINANCIAL SERVICES.
   § 6. Paragraphs (g), (h) and (i) of subdivision 8 of section 369-bb of
 the social services law are relettered paragraphs (h), (i) and (j) and a
 new paragraph (g) is added to read as follows:
   (G)  THE REVIEW OF THE DRUG COST AND PRICING OF SPECIFIC DRUGS SUBMIT-
 TED TO THE BOARD PURSUANT TO SECTION TWO HUNDRED EIGHTY  OF  THE  PUBLIC
 HEALTH  LAW, AND THE FORMULATION OF RECOMMENDATIONS AS TO A VALUE-BASED,
 PER-UNIT  BENCHMARK  PRICE  FOR  SUCH  DRUGS,  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SUCH SECTION.
   § 7. The opening paragraph and subparagraphs (i) and (ii) of paragraph
 (b)  and  paragraph  (d) of subdivision 9 of section 367-a of the social
 services law, the opening paragraph and  paragraph  (d)  as  amended  by
 chapter  19 of the laws of 1998, subparagraphs (i) and (ii) of paragraph
 (b) as amended by section 2 of part C of chapter 60 of the laws of 2014,
 subparagraph (i) of paragraph (d) as amended by section 10-a of  part  H
 of chapter 59 of the laws of 2011 and subparagraph (ii) of paragraph (d)
 as  amended  by  section 48 of part C of chapter 58 of the laws of 2009,
 are amended to read as follows:
   Notwithstanding any inconsistent provision of law or regulation to the
 contrary,  for  those  drugs  which  may  not  be  dispensed  without  a
 prescription  as  required  by  section  sixty-eight  hundred ten of the
 education law and for which payment is authorized pursuant to  paragraph
 (g)  of  subdivision  two  of section three hundred sixty-five-a of this
 title, AND FOR THOSE DRUGS THAT ARE AVAILABLE WITHOUT A PRESCRIPTION  AS
 REQUIRED BY SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT ARE
 REIMBURSED  AS  ITEMS OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-FIVE-A  OF  THIS  TITLE,
 payments under this title shall be made at the following amounts:
   (i)  [if the drug dispensed is a multiple source prescription drug for
 which an upper limit has been set by the federal  centers  for  medicare
 and medicaid services, the lower of: (A) an amount equal to the specific
 upper  limit  set  by  such  federal  agency  for  the  multiple  source
 prescription drug; (B) the estimated acquisition cost of  such  drug  to
 pharmacies  which,  for  purposes  of  this subparagraph, shall mean the
 average wholesale price of a prescription drug based on the package size
 dispensed from, as reported by the  prescription  drug  pricing  service
 used  by the department, less twenty-five percent thereof; (C) the maxi-
 mum acquisition cost, if any, established pursuant to paragraph  (e)  of
 this  subdivision,  provided that the methodology used by the department
 to establish a maximum acquisition cost shall not include average acqui-
 sition cost as determined by department surveys; or (D)  the  dispensing
 pharmacy's usual and customary price charged to the general public; and]
 IF  THE DRUG DISPENSED IS A GENERIC PRESCRIPTION DRUG, OR IS A DRUG THAT
 IS AVAILABLE WITHOUT A PRESCRIPTION AS REQUIRED BY  SECTION  SIXTY-EIGHT
 HUNDRED TEN OF THE EDUCATION LAW BUT IS REIMBURSED AS AN ITEM OF MEDICAL
 ASSISTANCE  PURSUANT  TO  PARAGRAPH  (A)  OF SUBDIVISION FOUR OF SECTION
 THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, THE LOWER OF:  (A)  AN  AMOUNT
 EQUAL  TO  THE NATIONAL AVERAGE DRUG ACQUISITION COST SET BY THE FEDERAL
 CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG, IF ANY,  OR  IF
 SUCH AMOUNT IF NOT AVAILABLE, THE WHOLESALE ACQUISITION COST OF THE DRUG
 BASED   ON   THE  PACKAGE  SIZE  DISPENSED  FROM,  AS  REPORTED  BY  THE
 PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS SEVENTEEN
 AND ONE-HALF PERCENT THEREOF; (B)  THE  FEDERAL  UPPER  LIMIT,  IF  ANY,
 ESTABLISHED  BY  THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES;

 S. 2007                            17                            A. 3007
 
 (C) THE STATE MAXIMUM ACQUISITION COST, IF ANY, ESTABLISHED PURSUANT  TO
 PARAGRAPH  (E)  OF  THIS  SUBDIVISION;  OR (D) THE DISPENSING PHARMACY'S
 USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC;
   (ii) if the drug dispensed is [a multiple source prescription drug or]
 a  brand-name  prescription  drug [for which no specific upper limit has
 been set by such federal agency], the lower of [the  estimated  acquisi-
 tion  cost of such drug to pharmacies or the dispensing pharmacy's usual
 and customary price charged to the general public. For sole and multiple
 source brand name drugs, estimated acquisition cost  means  the  average
 wholesale  price  of  a  prescription  drug  based upon the package size
 dispensed from, as reported by the  prescription  drug  pricing  service
 used  by the department, less seventeen percent thereof or the wholesale
 acquisition  cost  of  a  prescription  drug  based  upon  package  size
 dispensed  from,  as  reported  by the prescription drug pricing service
 used by the department, minus  zero  and  forty-one  hundredths  percent
 thereof,  and  updated  monthly  by  the department. For multiple source
 generic drugs, estimated acquisition cost means the lower of the average
 wholesale price of  a  prescription  drug  based  on  the  package  size
 dispensed  from,  as  reported  by the prescription drug pricing service
 used by the department, less twenty-five percent thereof, or the maximum
 acquisition cost, if any, established pursuant to paragraph (e) of  this
 subdivision,  provided  that  the  methodology used by the department to
 establish a maximum acquisition cost shall not include average  acquisi-
 tion cost as determined by department surveys.]:
   (A)  AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET
 BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE  DRUG,
 IF  ANY,  OR  IF SUCH AMOUNT IS NOT AVAILABLE, THE WHOLESALE ACQUISITION
 COST OF THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM,  AS  REPORTED
 BY  THE  PRESCRIPTION  DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS
 THREE AND THREE-TENTHS PERCENT THEREOF; OR (B) THE DISPENSING PHARMACY'S
 USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; AND
   (d) In addition to the amounts paid pursuant to paragraph (b) of  this
 subdivision  [to  pharmacies  for those drugs which may not be dispensed
 without a prescription, as required by section sixty-eight  hundred  ten
 of  the  education  law  and for which payment is authorized pursuant to
 paragraph (g) of subdivision two of section three  hundred  sixty-five-a
 of  this  title],  the  department  shall  pay  a  PROFESSIONAL pharmacy
 dispensing fee for  each  such  [prescription]  drug  dispensed[,  which
 dispensing fee shall not be less than the following amounts:
   (i)  for prescription drugs categorized as generic by the prescription
 drug pricing service used by the department,  three  dollars  and  fifty
 cents per prescription; and
   (ii)  for  prescription  drugs  categorized as brand-name prescription
 drugs by the prescription drug pricing service used by  the  department,
 three  dollars and fifty cents per prescription, provided, however, that
 for brand name prescription drugs reimbursed  pursuant  to  subparagraph
 (ii)  of  paragraph  (a-1)  of subdivision four of section three hundred
 sixty-five-a of this title, the dispensing fee shall be four dollars and
 fifty  cents  per  prescription]  IN  THE  AMOUNT  OF  TEN  DOLLARS  PER
 PRESCRIPTION  OR WRITTEN ORDER OF A PRACTITIONER; PROVIDED, HOWEVER THAT
 THIS PROFESSIONAL DISPENSING FEE WILL NOT APPLY TO DRUGS THAT ARE AVAIL-
 ABLE WITHOUT A PRESCRIPTION AS REQUIRED BY SECTION  SIXTY-EIGHT  HUNDRED
 TEN  OF  THE  EDUCATION  LAW BUT DO NOT MEET THE DEFINITION OF A COVERED
 OUTPATIENT DRUG PURSUANT TO SECTION 1927K OF THE SOCIAL SECURITY ACT.
   § 8. It shall be an unacceptable  practice  in  the  Medicaid  program
 established pursuant to title 11 of article 5 of the social services law

 S. 2007                            18                            A. 3007

 for  a provider to prescribe opioids in violation of the requirements of
 paragraph (g-1) of subdivision 2  of  section  365-a  of  such  law,  in
 violation  of  any  other  applicable  law  limiting  or restricting the
 prescribing of opioids, and/or contrary to recommendations issued by the
 drug  utilization  review  board  established  by  section 369-bb of the
 social services law, and such practice may result in the provider  being
 excluded from participation in the Medicaid program.
   §  9.  Paragraph (g-1) of subdivision 2 of section 365-a of the social
 services law, as amended by section 5 of part C of  chapter  60  of  the
 laws of 2014, is amended to read as follows:
   (g-1)  drugs provided on an in-patient basis, those drugs contained on
 the list established by regulation of the commissioner of health  pursu-
 ant  to  subdivision four of this section, and those drugs which may not
 be dispensed without a prescription as required by  section  sixty-eight
 hundred  ten  of  the education law and which the commissioner of health
 shall determine to be reimbursable based upon such factors as the avail-
 ability of such drugs or alternatives at low  cost  if  purchased  by  a
 medicaid  recipient,  or the essential nature of such drugs as described
 by such commissioner in regulations, provided, however, that such drugs,
 exclusive of long-term maintenance drugs, shall be dispensed in  quanti-
 ties no greater than a thirty day supply or one hundred doses, whichever
 is  greater; provided further that the commissioner of health is author-
 ized to require prior authorization for any  refill  of  a  prescription
 when  more  than  a  ten  day  supply of the previously dispensed amount
 should remain were the product used as normally  indicated,  OR  IN  THE
 CASE  OF  A  CONTROLLED  SUBSTANCE,  AS  DEFINED IN SECTION THIRTY-THREE
 HUNDRED TWO OF THE PUBLIC HEALTH LAW, WHEN MORE THAN A SEVEN DAY  SUPPLY
 OF  THE  PREVIOUSLY DISPENSED AMOUNT SHOULD REMAIN WERE THE PRODUCT USED
 AS NORMALLY INDICATED; provided further that the commissioner of  health
 is  authorized to require prior authorization of prescriptions of opioid
 analgesics in excess of four prescriptions in  a  thirty-day  period  in
 accordance  with  section two hundred seventy-three of the public health
 law; medical assistance shall not include any  drug  provided  on  other
 than  an in-patient basis for which a recipient is charged or a claim is
 made in the case of a prescription drug, in excess of the maximum  reim-
 bursable  amounts to be established by department regulations in accord-
 ance with standards established by the secretary of  the  United  States
 department  of  health and human services, or, in the case of a drug not
 requiring a prescription, in excess of the maximum  reimbursable  amount
 established  by  the commissioner of health pursuant to paragraph (a) of
 subdivision four of this section;
   § 10. Paragraph (b) of subdivision 3 of  section  273  of  the  public
 health  law,  as added by section 10 of part C of chapter 58 of the laws
 of 2005, is amended to read as follows:
   (b) In the event that the patient does not meet the criteria in  para-
 graph  (a)  of  this  subdivision, the prescriber may provide additional
 information to the program to justify the use  of  a  prescription  drug
 that  is  not  on  the  preferred drug list. The program shall provide a
 reasonable opportunity for a prescriber to reasonably present his or her
 justification of prior authorization. [If, after consultation  with  the
 program, the prescriber, in his or her reasonable professional judgment,
 determines  that  the  use  of  a  prescription  drug that is not on the
 preferred drug list is warranted, the prescriber's  determination  shall
 be final.] THE PROGRAM SHALL CONSIDER THE ADDITIONAL INFORMATION AND THE
 JUSTIFICATION  PRESENTED  TO DETERMINE WHETHER THE USE OF A PRESCRIPTION
 DRUG THAT IS NOT ON THE PREFERRED DRUG LIST IS WARRANTED. IN THE CASE OF

 S. 2007                            19                            A. 3007
 
 ATYPICAL ANTIPSYCHOTICS AND ANTIDEPRESSANTS, IF, AFTER CONSULTATION WITH
 THE PROGRAM, THE PRESCRIBER, IN HIS OR HER REASONABLE PROFESSIONAL JUDG-
 MENT, DETERMINES THAT THE USE OF A PRESCRIPTION DRUG THAT IS NOT ON  THE
 PREFERRED  DRUG  LIST IS WARRANTED, THE PRESCRIBER'S DETERMINATION SHALL
 BE FINAL.
   § 11. Subdivision 25 of section 364-j of the social services  law,  as
 added  by  section  55  of  part D of chapter 56 of the laws of 2012, is
 amended to read as follows:
   25. [Effective January first, two thousand thirteen,  notwithstanding]
 NOTWITHSTANDING  any  provision  of  law  to  the contrary, managed care
 providers shall cover medically  necessary  prescription  drugs  in  the
 atypical  antipsychotic  AND ANTIDEPRESSANT therapeutic [class] CLASSES,
 including non-formulary drugs, upon  demonstration  by  the  prescriber,
 after consulting with the managed care provider, that such drugs, in the
 prescriber's  reasonable  professional judgment, are medically necessary
 and warranted.
   § 12. Subdivision 25-a of section 364-j of the social services law  is
 REPEALED.
   §  13.  The public health law is amended by adding a new section 280-c
 to read as follows:
   § 280-C. COMPREHENSIVE MEDICATION MANAGEMENT.  1.    DEFINITIONS.  FOR
 PURPOSES OF THIS SECTION:
   (A)  "QUALIFIED PHARMACIST" MEANS A PHARMACIST WHO MAINTAINS A CURRENT
 UNRESTRICTED LICENSE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE
 EDUCATION LAW AND WHO HAS COMPLETED ONE OR MORE PROGRAMS, ACCREDITED  BY
 THE  ACCREDITATION  COUNCIL  FOR  PHARMACY EDUCATION, FOR THE MEDICATION
 MANAGEMENT OF A CHRONIC DISEASE OR DISEASES;
   (B) "COMPREHENSIVE MEDICATION MANAGEMENT" MEANS A PROGRAM THAT ENSURES
 A PATIENT'S MEDICATIONS, WHETHER PRESCRIPTION  OR  NONPRESCRIPTION,  ARE
 INDIVIDUALLY  ASSESSED  TO DETERMINE THAT EACH MEDICATION IS APPROPRIATE
 FOR THE PATIENT, EFFECTIVE FOR THE MEDICAL CONDITION, SAFE GIVEN  COMOR-
 BIDITIES  AND OTHER MEDICATIONS BEING TAKEN, AND ABLE TO BE TAKEN BY THE
 PATIENT AS INTENDED;
   (C) "COMPREHENSIVE MEDICATION MANAGEMENT  PROTOCOL"  MEANS  A  WRITTEN
 DOCUMENT PURSUANT TO AND CONSISTENT WITH ANY APPLICABLE STATE AND FEDER-
 AL  REQUIREMENTS, THAT IS ENTERED INTO VOLUNTARILY BY EITHER A PHYSICIAN
 LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW
 OR A NURSE PRACTITIONER CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED
 TEN OF THE EDUCATION LAW, AND A QUALIFIED PHARMACIST WHICH  ADDRESSES  A
 CHRONIC  DISEASE  OR DISEASES AND THAT DESCRIBES THE NATURE AND SCOPE OF
 THE COMPREHENSIVE MEDICATION MANAGEMENT SERVICES TO BE PERFORMED BY  THE
 QUALIFIED PHARMACIST, IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION;
 COMPREHENSIVE  MEDICATION  MANAGEMENT  PROTOCOLS  BETWEEN  PHYSICIANS OR
 NURSE PRACTITIONERS AND QUALIFIED PHARMACISTS SHALL BE MADE AVAILABLE TO
 THE DEPARTMENT FOR REVIEW AND TO ENSURE COMPLIANCE  WITH  THIS  ARTICLE,
 UPON REQUEST.
   2.  A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF
 THE EDUCATION LAW OR A NURSE PRACTITIONER CERTIFIED PURSUANT TO  SECTION
 SIXTY-NINE  HUNDRED  TEN  OF  THE  EDUCATION  LAW SHALL BE AUTHORIZED TO
 VOLUNTARILY ESTABLISH A  COMPREHENSIVE  MEDICATION  MANAGEMENT  PROTOCOL
 WITH  A QUALIFIED PHARMACIST TO PROVIDE COMPREHENSIVE MEDICATION MANAGE-
 MENT SERVICES FOR A PATIENT WHO HAS NOT MET CLINICAL GOALS  OF  THERAPY,
 IS AT RISK FOR HOSPITALIZATION, OR FOR WHOM THE PHYSICIAN OR NURSE PRAC-
 TITIONER  DEEMS  IT  IS  NECESSARY  TO  RECEIVE COMPREHENSIVE MEDICATION
 MANAGEMENT SERVICES. PARTICIPATION BY THE PATIENT IN COMPREHENSIVE MEDI-
 CATION MANAGEMENT SERVICES SHALL BE VOLUNTARY.

 S. 2007                            20                            A. 3007
 
   3. UNDER A COMPREHENSIVE MEDICATION MANAGEMENT PROTOCOL,  A  QUALIFIED
 PHARMACIST SHALL BE PERMITTED TO:
   (A)  ADJUST OR MANAGE A DRUG REGIMEN OF THE PATIENT, WHICH MAY INCLUDE
 ADJUSTING DRUG STRENGTH, FREQUENCY OF ADMINISTRATION OR ROUTE OF  ADMIN-
 ISTRATION,  DISCONTINUANCE  OF  THERAPY  OR  INITIATION  OF A DRUG WHICH
 DIFFERS FROM THAT INITIALLY PRESCRIBED BY  THE  PATIENT'S  PHYSICIAN  OR
 NURSE PRACTITIONER;
   (B)  EVALUATE  AND  ONLY TO THE NEXT EXTENT NECESSARY TO DISCHARGE THE
 RESPONSIBILITY SET FORTH IN  THIS  SECTION,  ORDER  OR  PERFORM  ROUTINE
 PATIENT  MONITORING  FUNCTIONS OR DISEASE STATE LABORATORY TESTS RELATED
 TO COMPREHENSIVE MEDICATION MANAGEMENT FOR THE SPECIFIC CHRONIC  DISEASE
 OR  DISEASES,  SPECIFIED  WITHIN THE COMPREHENSIVE MEDICATION MANAGEMENT
 PROTOCOL;
   (C) ACCESS THE COMPLETE  PATIENT  MEDICAL  RECORD  MAINTAINED  BY  THE
 PHYSICIAN  OR  NURSE PRACTITIONER WITH WHOM HE OR SHE HAS THE COMPREHEN-
 SIVE MEDICATION MANAGEMENT PROTOCOL AND SHALL DOCUMENT  ANY  ADJUSTMENTS
 MADE  PURSUANT TO THE PROTOCOL IN THE PATIENT'S MEDICAL RECORD AND SHALL
 NOTIFY THE PATIENT'S TREATING PHYSICIAN OR NURSE PRACTITIONER IN A TIME-
 LY MANNER ELECTRONICALLY OR BY  OTHER  MEANS.  UNDER  NO  CIRCUMSTANCES,
 SHALL  THE  QUALIFIED  PHARMACIST BE PERMITTED TO DELEGATE COMPREHENSIVE
 MEDICATION MANAGEMENT SERVICES TO ANY OTHER LICENSED PHARMACIST OR OTHER
 PHARMACY PERSONNEL.
   4. ANY MEDICATION ADJUSTMENTS MADE BY THE QUALIFIED PHARMACIST  PURSU-
 ANT  TO  THE  COMPREHENSIVE  MEDICATION  MANAGEMENT  PROTOCOL, INCLUDING
 ADJUSTMENTS IN DRUG STRENGTH, FREQUENCY OR ROUTE OF  ADMINISTRATION,  OR
 INITIATION OF A DRUG WHICH DIFFERS FROM THAT INITIALLY PRESCRIBED AND AS
 DOCUMENTED  IN  THE  PATIENT  MEDICAL  RECORD,  SHALL  BE DEEMED AN ORAL
 PRESCRIPTION AUTHORIZED BY AN AGENT OF THE PATIENT'S TREATING  PHYSICIAN
 OR  NURSE  PRACTITIONER  AND  SHALL BE DISPENSED CONSISTENT WITH SECTION
 SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW.
   5. A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE  OF
 THE  EDUCATION LAW OR A NURSE PRACTITIONER CERTIFIED PURSUANT TO SECTION
 SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, WHO HAS RESPONSIBILITY  FOR
 THE  TREATMENT  AND  CARE OF A PATIENT FOR A CHRONIC DISEASE OR DISEASES
 MAY REFER THE PATIENT TO A QUALIFIED PHARMACIST FOR COMPREHENSIVE  MEDI-
 CATION  MANAGEMENT  SERVICES,  PURSUANT  TO THE COMPREHENSIVE MEDICATION
 MANAGEMENT PROTOCOL THAT THE PHYSICIAN OR NURSE PRACTITIONER HAS  ESTAB-
 LISHED  WITH THE QUALIFIED PHARMACIST. SUCH REFERRAL SHALL BE DOCUMENTED
 IN THE PATIENT'S MEDICAL RECORD. PARTICIPATION BY THE PATIENT IN COMPRE-
 HENSIVE MEDICATION MANAGEMENT SERVICES SHALL BE VOLUNTARY.
   § 14. Paragraph (a) of subdivision 4 of section 365-a  of  the  social
 services  law, as amended by chapter 493 of the laws of 2010, is amended
 to read as follows:
   (a) drugs which may be dispensed without a prescription as required by
 section sixty-eight hundred ten of the education law; provided, however,
 that the state commissioner of health may by regulation specify  certain
 of  such  drugs which may be reimbursed as an item of medical assistance
 in accordance with the price schedule established by such  commissioner.
 Notwithstanding any other provision of law, [additions] MODIFICATIONS to
 the  list  of  drugs  reimbursable  under this paragraph may be filed as
 regulations by the commissioner  of  health  without  prior  notice  and
 comment;
   §  15.  Paragraph  (c) of subdivision 6 of section 367-a of the social
 services law is amended by adding a new  subparagraph  (v)  to  read  as
 follows:

 S. 2007                            21                            A. 3007
 
   (V) NOTWITHSTANDING ANY OTHER PROVISION OF THIS PARAGRAPH, CO-PAYMENTS
 CHARGED  FOR  DRUGS  DISPENSED  WITHOUT  A  PRESCRIPTION  AS REQUIRED BY
 SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT WHICH ARE REIM-
 BURSED AS AN ITEM OF MEDICAL ASSISTANCE PURSUANT  TO  PARAGRAPH  (A)  OF
 SUBDIVISION  FOUR  OF  SECTION  THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE
 SHALL BE ONE DOLLAR.
   § 16. Subparagraph (iii) of paragraph (c) of subdivision 6 of  section
 367-a  of  the social services law, as amended by section 9 of part C of
 chapter 60 of the laws of 2014, is amended to read as follows:
   (iii) Notwithstanding any other provision of this  paragraph,  co-pay-
 ments  charged for each generic prescription drug dispensed shall be one
 dollar and for each brand name  prescription  drug  dispensed  shall  be
 [three dollars] TWO DOLLARS AND FIFTY CENTS; provided, however, that the
 co-payments  charged  for  [each  brand  name  prescription  drug on the
 preferred drug list established pursuant to section two  hundred  seven-
 ty-two of the public health law or, for managed care providers operating
 pursuant  to  section three hundred sixty-four-j of this title, for each
 brand name prescription drug on a managed care provider's formulary that
 such provider has designated as a preferred drug,  and  the  co-payments
 charged  for]  each  brand name prescription drug reimbursed pursuant to
 subparagraph (ii) of paragraph (a-1)  of  subdivision  four  of  section
 three hundred sixty-five-a of this title shall be one dollar.
   §  17.  Subparagraphs  1  and  5  of paragraph (f) of subdivision 7 of
 section 367-a of the social services law, as added by section 11 of part
 B of chapter 59 of the laws of 2016, are amended to read as follows:
   (1) The department may  require  manufacturers  of  drugs  other  than
 single  source  drugs and innovator multiple source drugs, as such terms
 are defined in 42 U.S.C. § 1396r-8(k), to provide rebates to the depart-
 ment for any drug that has increased more than three hundred percent  of
 its  state  maximum  acquisition  cost  (SMAC)[, on or after] DURING THE
 PERIOD April 1, 2016 THROUGH MARCH 31, 2017, OR THAT HAS INCREASED  MORE
 THAN  SEVENTY-FIVE  PERCENT  OF  ITS  SMAC ON OR AFTER APRIL 1, 2017, in
 comparison to its SMAC at any time during the course  of  the  preceding
 twelve  months.  The  required  rebate shall be limited to the amount by
 which the current SMAC for the drug exceeds [three hundred percent]  THE
 APPLICABLE  PERCENTAGE  of the SMAC for the same drug at any time during
 the course of the preceding twelve months.  Such  rebates  shall  be  in
 addition  to any rebates payable to the department pursuant to any other
 provision of federal or state  law.  Nothing  herein  shall  affect  the
 department's obligation to reimburse for covered outpatient drugs pursu-
 ant to paragraph (d) of this subdivision.
   (5)  Beginning in two thousand seventeen, the department shall provide
 an annual report to the legislature no later than February first setting
 forth:
   (i) The number of drugs that exceeded the ceiling price established in
 this paragraph during the preceding year in comparison to the number  of
 drugs  that  experienced at least a three hundred percent price increase
 during two thousand fourteen and two thousand fifteen,  OR  AT  LEAST  A
 SEVENTY-FIVE  PERCENT PRICE INCREASE DURING TWO THOUSAND FIFTEEN AND TWO
 THOUSAND SIXTEEN;
   (ii) The average percent amount above the ceiling price of drugs  that
 exceeded  the  ceiling  price in the preceding year in comparison to the
 number of drugs that  experienced  a  price  increase  more  than  three
 hundred  percent  during two thousand fourteen and two thousand fifteen,
 OR AT LEAST A SEVENTY-FIVE PERCENT PRICE INCREASE  DURING  TWO  THOUSAND
 FIFTEEN AND TWO THOUSAND SIXTEEN;

 S. 2007                            22                            A. 3007
 
   (iii)  The  number of generic drugs available to enrollees in Medicaid
 fee for service or Medicaid managed care,  by  fiscal  quarter,  in  the
 preceding  year in comparison to the drugs available, by fiscal quarter,
 during two thousand fourteen [and], two thousand fifteen, AND TWO  THOU-
 SAND SIXTEEN; and
   (iv)  The  total drug spend on generic drugs for the preceding year in
 comparison to the total drug spend on generic drugs during two  thousand
 fourteen [and], two thousand fifteen, AND TWO THOUSAND SIXTEEN.
   §  18.   Severability. If any clause, sentence, paragraph, or subdivi-
 sion of this section shall be adjudged by any court of competent  juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate  the  remainder thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, or subdivision directly involved in the
 controversy in which such judgment shall have been rendered. It is here-
 by declared to be the intent of the legislature that this section  would
 have  been enacted even if such invalid provisions had not been included
 herein.
   § 19. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017; provided,
 however,  that  sections nine, fourteen, fifteen, sixteen, and seventeen
 of this act shall take effect July 1, 2017; provided, further, that  the
 amendments  to  section 364-j of the social services law made by section
 eleven of this act shall not affect the repeal of such section and shall
 be deemed repealed therewith; provided, further, that the amendments  to
 paragraph  (c)  of subdivision 6 of section 367-a of the social services
 law made by sections fifteen and sixteen of this act  shall  not  affect
 the  repeal  of  such  paragraph and shall be deemed repealed therewith;
 provided, further, that the amendments to paragraph (f) of subdivision 7
 of section 367-a of the social services law made by section seventeen of
 this act shall not affect the repeal of  such  paragraph  and  shall  be
 deemed repealed therewith; and provided, further, that the amendments to
 subdivision  9  of  section  367-a  of  the  social services law made by
 section seven of this act shall not affect the expiration of such subdi-
 vision and shall be deemed to expire therewith.
 
                                  PART E
 
   Section 1. 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
 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 FROM  DATE  OF  ENROLLMENT,  to

 S. 2007                            23                            A. 3007
 
 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,
 PROVIDED,  HOWEVER,  THAT ON OR AFTER OCTOBER FIRST, TWO THOUSAND SEVEN-
 TEEN, THE COMMISSIONER MAY, THROUGH SUCH  AN  APPROVED  WAIVER,  FURTHER
 LIMIT  ELIGIBILITY  TO AVAILABLE PLANS TO ENROLLEES THAT REQUIRE NURSING
 FACILITY LEVEL OF CARE. NOTWITHSTANDING THE FOREGOING,  MEDICAL  ASSIST-
 ANCE  RECIPIENTS  ENROLLED  IN  A MANAGED LONG TERM CARE PLAN ON OCTOBER
 FIRST, TWO THOUSAND SEVENTEEN MAY  CONTINUE  TO  BE  ELIGIBLE  FOR  SUCH
 PLANS, IRRESPECTIVE OF WHETHER THE ENROLLEE MEETS ANY APPLICABLE NURSING
 FACILITY  LEVEL  OF CARE REQUIREMENTS, PROVIDED, HOWEVER, THAT ONCE SUCH
 RECIPIENTS ARE DISENROLLED FROM THEIR MANAGED LONG TERM CARE  PLAN,  ANY
 APPLICABLE  NURSING  FACILITY  LEVEL OF CARE REQUIREMENTS WOULD APPLY TO
 FUTURE ELIGIBILITY DETERMINATIONS.   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 appli-
 cations 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.
   §  2.  Subdivision  25  of  section  2808  of the public health law is
 REPEALED.
   § 3. Paragraph (b) of subdivision 5 of section 2801-e  of  the  public
 health law, as amended by chapter 257 of the laws of 2005, is amended to
 read as follows:
   (b) Notwithstanding any inconsistent provision of law or regulation to
 the contrary, for purposes of determining medical assistance payments by
 government  agencies  for  residential  health  care  facility  services
 provided pursuant to title eleven of article five of the social services
 law for facilities that have temporarily decertified beds:
   (i) the facility's capital cost reimbursement  shall  be  adjusted  to
 appropriately  take  into  account the new bed capacity of the facility;
 AND
   (ii) the facility's peer group assignment for indirect cost reimburse-
 ment shall be based on its total certified beds less the number of  beds
 that have been temporarily decertified[; and
   (iii)  the facility's vacancy rate shall be calculated on the basis of
 its total certified beds less the number of beds that have  been  tempo-
 rarily  decertified for purposes of determining eligibility for payments
 for reserved bed days for residents of residential health  care  facili-
 ties,  provided,  however,  that such payments for reserved bed days for
 facilities that have temporarily decertified beds shall be in an  amount
 that  is  fifty  percent  of the otherwise applicable payment amount for
 such beds].
   § 4. Subdivision 2-c of section 2808  of  the  public  health  law  is
 amended by adding a new paragraph (f) to read as follows:
   (F) THE COMMISSIONER SHALL ESTABLISH A PROSPECTIVE PER DIEM ADJUSTMENT
 FOR  ALL  NURSING  HOMES,  OTHER  THAN  NURSING HOMES PROVIDING SERVICES
 PRIMARILY TO CHILDREN UNDER  THE  AGE  OF  TWENTY-ONE,  BEGINNING  APRIL
 FIRST,  TWO  THOUSAND  SEVENTEEN  AND EACH YEAR THEREAFTER SUFFICIENT TO
 ACHIEVE EIGHTEEN MILLION DOLLARS IN SAVINGS IN EACH STATE FISCAL YEAR.

 S. 2007                            24                            A. 3007

   § 5. Paragraph (a) of subdivision 3  of  section  366  of  the  social
 services  law, as amended by chapter 110 of the laws of 1971, is amended
 to read as follows:
   (a)  Medical  assistance  shall  be  furnished  to applicants in cases
 where, although such applicant has a responsible  relative  with  suffi-
 cient  income  and resources to provide medical assistance as determined
 by the regulations of the department, the income and  resources  of  the
 responsible  relative are not available to such applicant because of the
 absence of such relative [or] AND the refusal or failure of such  ABSENT
 relative  to  provide the necessary care and assistance.  In such cases,
 however, the furnishing of  such  assistance  shall  create  an  implied
 contract  with such relative, and the cost thereof may be recovered from
 such relative in accordance with title six  of  article  three  OF  THIS
 CHAPTER and other applicable provisions of law.
   §  6.  Paragraph  (m)  of subdivision 2 of section 365-a of the social
 services law, as amended by chapter 725 of the laws of 1989, is  amended
 to read as follows:
   (m) hospice services provided by a hospice certified pursuant to arti-
 cle forty of the public health law, to the extent that federal financial
 participation  is  available  AND  THAT  SUCH SERVICES ARE COVERED UNDER
 TITLE XVIII OF THE FEDERAL SOCIAL  SECURITY  ACT,  and,  notwithstanding
 federal  financial  participation,  COVERAGE  UNDER  TITLE  XVIII OF THE
 FEDERAL SOCIAL SECURITY ACT, and any provision of law or  regulation  to
 the  contrary,  for  hospice  services  provided pursuant to the hospice
 supplemental financial assistance program for persons with special needs
 as provided for in article forty of the public health law.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2017; provided
 however, that the amendments to section 4403-f of the public health  law
 made  by  section  one  of  this  act shall take effect October 1, 2017;
 provided further, that the amendments to paragraph  (m)  of  subdivision
 two  of  section 365-a of the social services law made by section six of
 this act shall take effect June 1, 2017;  provided,  further,  that  the
 amendments  to  subparagraph  (i)  of  paragraph (b) of subdivision 7 of
 section 4403-f of the public health law made by section one of this  act
 shall not affect the repeal of such section and shall be deemed repealed
 therewith;  and  provided,  further, that the amendments to subparagraph
 (i) of paragraph (b) of subdivision 7 of section 4403-f  of  the  public
 health  law made by section one of this act shall not affect the expira-
 tion of such paragraph and shall be deemed to expire therewith.
 
                                  PART F
 
   Section 1. Subdivision 4 of section 365-h of the social services  law,
 as  separately  amended by section 50 of part B and section 24 of part D
 of chapter 57 of the laws of 2015, is amended to read as follows:
   4. The commissioner of health is authorized to  assume  responsibility
 from  a  local social services official for the provision and reimburse-
 ment of transportation costs under this  section.  If  the  commissioner
 elects  to assume such responsibility, the commissioner shall notify the
 local social services official in writing as to the election,  the  date
 upon  which  the  election shall be effective and such information as to
 transition of responsibilities as the commissioner  deems  prudent.  The
 commissioner  is authorized to contract with a transportation manager or
 managers to manage transportation services in any local social  services
 district[,  other  than transportation services provided or arranged for

 S. 2007                            25                            A. 3007

 enrollees of managed long term care plans issued certificates of author-
 ity under section forty-four hundred three-f of the public health  law].
 Any  transportation  manager or managers selected by the commissioner to
 manage  transportation  services shall have proven experience in coordi-
 nating transportation services in  a  geographic  and  demographic  area
 similar  to the area in New York state within which the contractor would
 manage the provision of services under this section. Such a contract  or
 contracts  may include responsibility for: review, approval and process-
 ing of transportation orders; management of  the  appropriate  level  of
 transportation based on documented patient medical need; and development
 of new technologies leading to efficient transportation services. If the
 commissioner  elects  to  assume such responsibility from a local social
 services district, the commissioner shall examine and,  if  appropriate,
 adopt  quality  assurance measures that may include, but are not limited
 to,  global  positioning  tracking  system  reporting  requirements  and
 service  verification mechanisms. Any and all reimbursement rates devel-
 oped by transportation managers under this subdivision shall be  subject
 to the review and approval of the commissioner.
   §  2.  Subdivision  5  of  section 365-h of the social services law is
 REPEALED.
   § 3. Section 367-s of the social services law, as amended  by  section
 43-a of part C of chapter 109 of the laws of 2006, is REPEALED.
   §  4.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017;  provided
 however,  that  the  amendments to subdivision 4 of section 365-h of the
 social services law made by section one of this act  shall  take  effect
 October 1, 2017; provided, further, that the amendments to section 365-h
 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  there-
 with.

                                  PART G
 
   Section 1.  Subdivision 1 of section 92 of part H of chapter 59 of the
 laws  of 2011, amending the public health law and other laws relating to
 known and projected department of health state  fund  medicaid  expendi-
 tures,  as  separately amended by section 1 of part JJ of chapter 54 and
 section 18 of part B of chapter 59 of the laws of 2016,  is  amended  to
 read as follows:
   1.  For  state  fiscal  years  2011-12  through [2017-18] 2018-19, the
 director of the budget, in consultation with the commissioner of  health
 referenced  as "commissioner" for purposes of this section, shall assess
 on a monthly basis, as reflected in monthly reports pursuant to subdivi-
 sion five of this section known and projected department of health state
 funds medicaid expenditures by category of  service  and  by  geographic
 regions,  as  defined  by  the  commissioner, and if the director of the
 budget determines that such expenditures are expected to cause  medicaid
 disbursements  for  such  period  to  exceed the projected department of
 health medicaid state funds disbursements in the enacted  budget  finan-
 cial  plan  pursuant to subdivision 3 of section 23 of the state finance
 law, the commissioner of health, in consultation with  the  director  of
 the  budget,  shall  develop a medicaid savings allocation plan to limit
 such spending to the aggregate limit  level  specified  in  the  enacted
 budget  financial  plan,  provided,  however,  such  projections  may be
 adjusted by the director of the budget to account for any changes in the
 New York state federal medical assistance percentage amount  established

 S. 2007                            26                            A. 3007
 
 pursuant to the federal social security act, CHANGES TO THE AVAILABILITY
 OF  FEDERAL  FINANCIAL PARTICIPATION IN MEDICAID EXPENDITURES, OR CHANGE
 IN FEDERAL MEDICAID ELIGIBILITY CRITERIA, changes in provider  revenues,
 reductions to local social services district medical assistance adminis-
 tration,  minimum wage increases, and beginning April 1, 2012 the opera-
 tional costs of the New York state  medical  indemnity  fund  and  state
 costs  or  savings  from the basic health plan.  Such projections may be
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of a natural or other type of disaster, including a governmental  decla-
 ration of emergency.
   §  2.  Notwithstanding sections 61, 63, 70, 78, 79, 81 and 81-a of the
 civil service law or any provisions to the  contrary  contained  in  any
 general, special, or local laws:
   1.  staff contracted by the office of health insurance programs within
 the department of health to assist with health insurance program  initi-
 atives,  including  under  a  contract  authorized  by subdivision 29 of
 section 364-j of the social services law, who meet the open  competitive
 qualifications for positions established to perform these functions will
 be  eligible for appointment to appropriate positions, designated by the
 office of health insurance programs in the department, that are  classi-
 fied to perform such functions without further examination or qualifica-
 tion; and, upon such appointment and satisfactory completion of a proba-
 tionary  period,  will  have  all  the  rights  and  privileges  of  the
 jurisdictional classification to which such positions are  allocated  in
 the classified service of the state;
   2.  student assistants working in the department of health's office of
 health insurance  programs  through  the  department  of  civil  service
 student  assistant  classification  who meet the open competitive quali-
 fications for traineeship classifications  in  titles  approved  by  the
 department  of  civil  service  will be eligible for appointment to such
 appropriate traineeship positions, designated by the  office  of  health
 insurance programs in the department of health, without further examina-
 tion  or  qualification;  and,  upon  such  appointment and satisfactory
 completion of a probationary period, will have all the rights and privi-
 leges of the jurisdictional classification  to  which  such  traineeship
 positions are allocated in the classified service of the state; and
   3.  within  90 days of the effective date of this section, the depart-
 ment of civil service, in consultation with the  department  of  health,
 shall  establish  a  health care service career internship program. This
 program will be designed to prepare individuals with master's degrees in
 public administration or a related  health  care  field  for  management
 positions  within  the department of health's office of health insurance
 programs.  The program will offer career tracks in the health  insurance
 program  management  areas of budget and finance, long term care, health
 homes, outpatient patient care, and health care public policy. During  a
 two-year  internship,  interns  will  serve in a variety of professional
 positions within the department of health's office of  health  insurance
 programs  and  be provided specialized training, rotational assignments,
 and mentoring. After satisfactory completion of the internship,  interns
 will  advance  to a permanent competitive class grade 18 position in the
 various titles utilized within the  department  of  health's  office  of
 health  insurance programs for health insurance program management with-
 out further examination or qualification; and, upon such appointment and
 satisfactory completion of a probationary  period,  will  have  all  the

 S. 2007                            27                            A. 3007
 
 rights and privileges of the jurisdictional classification to which such
 positions are allocated in the classified service of the state.
   §  3. Section 4-a of part C of chapter 58 of the laws of 2005, author-
 izing reimbursements for expenditures made by or  on  behalf  of  social
 services  districts  for  medical  assistance  for needy persons and the
 administration thereof, is amended by adding a new  subdivision  (e)  to
 read as follows:
   (E)  BEGINNING  WITH  STATE  FISCAL YEAR 2017-18, THE AMOUNT DUE TO BE
 REIMBURSED UNDER SUBDIVISION (A) OF THIS SECTION TO  A  SOCIAL  SERVICES
 DISTRICT  WHICH  INCLUDES  A  CITY  WITH  A POPULATION OF MORE THAN FIVE
 MILLION SHALL BE REDUCED ANNUALLY BY 50 MILLION DOLLARS UNLESS:
   (I) BY JUNE 30, 2017, SUCH DISTRICT HAS A  SHARED  SAVINGS  ALLOCATION
 PLAN  APPROVED  BY THE COMMISSIONER OF HEALTH TO INCREASE BY 100 MILLION
 DOLLARS THE CURRENT ANNUAL DOLLAR AMOUNT OF THE CITY'S FINALLY SUBMITTED
 AND PAYABLE MEDICAID CLAIMS FOR PRESCHOOL AND SCHOOL  SUPPORTIVE  HEALTH
 SERVICES ELIGIBLE FOR FEDERAL FINANCIAL PARTICIPATION; THE DEPARTMENT OF
 HEALTH  WILL PROVIDE TECHNICAL ASSISTANCE AS NEEDED TO ASSIST THE SOCIAL
 SERVICES DISTRICT IN IMPLEMENTING THE PLAN, WHICH MUST DETAIL:  HOW  THE
 CITY  WILL IDENTIFY PRESCHOOL AND SCHOOL-AGED CHILDREN WHO ARE RECEIVING
 PRESCHOOL AND SCHOOL SUPPORTIVE HEALTH SERVICES REIMBURSABLE  UNDER  THE
 CURRENT MEDICAID STATE PLAN AND SUBMIT CLAIMS FOR REIMBURSEMENT; AND HOW
 THE  PLAN  WILL  GENERATE  FIFTY MILLION DOLLARS IN STATE SAVINGS TO THE
 MEDICAID PROGRAM.  SUCH PLAN MAY BE REVISED, SUBJECT TO THE  REVIEW  AND
 APPROVAL  OF  THE  COMMISSIONER  OF HEALTH, AS NECESSARY TO MAINTAIN THE
 INCREASED LEVEL OF CLAIMING AND TO GENERATE THE REQUIRED MEDICAID  STATE
 SAVINGS IN SUBSEQUENT FISCAL YEARS; AND
   (II)  ON  OCTOBER 1, 2017 AND ANNUALLY THEREAFTER, THE COMMISSIONER OF
 HEALTH DETERMINES THAT ONGOING  ACTIVITIES  UNDER  THE  APPROVED  SHARED
 SAVINGS  ALLOCATION  PLAN  APPROVED PURSUANT TO SUBPARAGRAPH (I) OF THIS
 PARAGRAPH ARE LIKELY TO ACHIEVE THE TARGETED DOLLAR  AMOUNT  OF  PAYABLE
 MEDICAID  CLAIMS FOR PRESCHOOL AND SCHOOL SUPPORTIVE HEALTH SERVICES FOR
 THE APPLICABLE FISCAL YEAR; THE SOCIAL SERVICES DISTRICT AND CITY  SHALL
 PROVIDE SUCH INFORMATION AND DOCUMENTATION AS THE COMMISSIONER OF HEALTH
 MAY REQUIRE IN ORDER TO MAKE SUCH DETERMINATION.
   (III)  THE NON-FEDERAL SHARE OF THE COSTS OF SERVICES FOR WHICH CLAIMS
 ARE SUBMITTED AS A RESULT OF THE IMPLEMENTATION OF  THE  SHARED  SAVINGS
 ALLOCATION  PLAN  ESTABLISHED  PURSUANT  TO  THIS PARAGRAPH SHALL BE THE
 RESPONSIBILITY OF THE SOCIAL SERVICES DISTRICT.
   (IV) ANY REDUCTION IN THE AMOUNT DUE TO BE REIMBURSED  UNDER  SUBDIVI-
 SION  (A)  OF THIS SECTION AS A RESULT OF THE OPERATION OF THIS SUBDIVI-
 SION SHALL BE IN ADDITION TO ANY REDUCTION IMPOSED PURSUANT TO  SUBDIVI-
 SION  (C) OF THIS SECTION OR AUTHORIZED PURSUANT TO ANY OTHER APPLICABLE
 LAW.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART H

   Section  1. Subdivision 5 of section 168 of chapter 639 of the laws of
 1996, constituting the New York Health  Care  Reform  Act  of  1996,  as
 amended  by  section  1  of part B of chapter 60 of the laws of 2014, is
 amended to read as follows:
   5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
 law,  as  amended  or as added by this act, shall expire on December 31,
 [2017] 2020, and shall be thereafter effective only in  respect  to  any
 act  done  on or before such date or action or proceeding arising out of

 S. 2007                            28                            A. 3007
 
 such act including continued collections of funds from  assessments  and
 allowances  and  surcharges  established  pursuant  to  sections 2807-c,
 2807-j, 2807-s and 2807-t of the public health law,  and  administration
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2017] 2020, and continued expenditure of funds authorized for  programs
 and grants until the exhaustion of funds therefor;
   §  2.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
 constituting the New York Health Care Reform Act of 2000, as amended  by
 section  2  of  part  B of chapter 60 of the laws of 2014, is amended to
 read as follows:
   1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
 law,  as  amended by this act, shall expire on December 31, [2017] 2020,
 and shall be thereafter effective only in respect to any act done before
 such date or action or proceeding arising  out  of  such  act  including
 continued  collections  of  funds  from  assessments  and allowances and
 surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
 2807-t of the public health law, and administration and distributions of
 funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
 health law, as amended or added by this act, related to patient services
 provided  before  December 31, [2017] 2020, and continued expenditure of
 funds authorized for programs and grants until the exhaustion  of  funds
 therefor;
   §  3.  Subparagraph  (xv) of paragraph (a) of subdivision 6 of section
 2807-s of the public health law, as amended by section 3 of  part  B  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   (xv) A gross annual statewide amount for the period January first, two
 thousand fifteen through December thirty-first, two thousand [seventeen]
 TWENTY, shall be one billion forty-five million dollars.
   §  4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 4 of  part  B  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   (xiii)  twenty-three million eight hundred thirty-six thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through March thirty-first, two thousand [seventeen] TWENTY;
   §  5.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
 section 2807-j of the public health law, as amended by section 5 of part
 B of chapter 60 of the laws of 2014, are amended to read as follows:
   (iv) seven hundred sixty-five million dollars annually  of  the  funds
 accumulated for the periods January first, two thousand through December
 thirty-first, two thousand [sixteen] NINETEEN, and
   (v)  one hundred ninety-one million two hundred fifty thousand dollars
 of the funds accumulated for the  period  January  first,  two  thousand
 [seventeen]  TWENTY through March thirty-first, two thousand [seventeen]
 TWENTY.
   § 6. Subdivisions 5-a and 7 of section 2807-m  of  the  public  health
 law,  as  amended  by  section  9 of part B of chapter 60 of the laws of
 2014, subparagraphs (iv), (v) and (vi) of paragraph (d)  of  subdivision
 5-a  as  added by section 4 of part W of chapter 57 of the laws of 2015,
 are amended to read as follows:
   5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
 distributions.  (i)  Thirty-one  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight,  shall  be  set  aside  and reserved by the commissioner from the

 S. 2007                            29                            A. 3007
 
 regional pools established pursuant to subdivision two of  this  section
 and shall be available for distributions pursuant to subdivision five of
 this  section  and in accordance with section 86-1.89 of title 10 of the
 codes,  rules  and  regulations of the state of New York as in effect on
 January first, two thousand eight; provided, however,  for  purposes  of
 funding  the  empire  clinical research investigation program (ECRIP) in
 accordance with paragraph eight of subdivision (e) and paragraph two  of
 subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
 regulations of the state of New York, distributions shall be made  using
 two  regions  defined as New York city and the rest of the state and the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
 sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
 lations  of the state of New York shall be increased from sixty thousand
 dollars to seventy-five thousand dollars.
   (ii) For periods on  and  after  January  first,  two  thousand  nine,
 supplemental  distributions pursuant to subdivision five of this section
 and in accordance with section 86-1.89 of title 10 of the  codes,  rules
 and regulations of the state of New York shall no longer be made and the
 provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be null and void.
   (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
 million  one  hundred  twenty  thousand  dollars annually for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand  ten,  and  two million two hundred eighty thousand dollars for
 the period January first, two thousand  eleven,  through  March  thirty-
 first,  two  thousand  eleven,  nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, [and] up to
 eight million six hundred twelve thousand dollars each state fiscal year
 for the period April first, two thousand fourteen through March  thirty-
 first,  two thousand seventeen, AND WITHIN AMOUNTS APPROPRIATED FOR EACH
 STATE FISCAL YEAR FOR PERIODS ON AND AFTER  APRIL  FIRST,  TWO  THOUSAND
 SEVENTEEN,  shall be set aside and reserved by the commissioner from the
 regional pools established pursuant to subdivision two of  this  section
 to  be  allocated  regionally  with  two-thirds of the available funding
 going to New York city and one-third of the available funding  going  to
 the  rest  of  the  state  and  shall  be  available for distribution as
 follows:
   Distributions shall first be made to consortia  and  teaching  general
 hospitals  for the empire clinical research investigator program (ECRIP)
 to help secure federal funding for biomedical research,  train  clinical
 researchers,  recruit national leaders as faculty to act as mentors, and
 train residents and fellows  in  biomedical  research  skills  based  on
 hospital-specific  data  submitted  to the commissioner by consortia and
 teaching general hospitals in accordance with clause (G) of this subpar-
 agraph. Such distributions shall be made in accordance with the  follow-
 ing methodology:
   (A)  The  greatest  number  of clinical research positions for which a
 consortium or teaching general hospital may be funded pursuant  to  this
 subparagraph  shall  be  one  percent  of  the total number of residents
 training at the consortium or teaching general hospital on  July  first,
 two  thousand  eight  for  the  period  January first, two thousand nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.
   (B) Distributions made to a consortium or  teaching  general  hospital
 shall  equal  the product of the total number of clinical research posi-

 S. 2007                            30                            A. 3007
 
 tions submitted  by  a  consortium  or  teaching  general  hospital  and
 accepted  by the commissioner as meeting the criteria set forth in para-
 graph (b) of subdivision one of this section, subject to  the  reduction
 calculation  set  forth  in  clause  (C) of this subparagraph, times one
 hundred ten thousand dollars.
   (C) If the dollar amount for the total  number  of  clinical  research
 positions  in  the  region  calculated  pursuant  to  clause (B) of this
 subparagraph exceeds the total amount appropriated for purposes of  this
 paragraph,  including clinical research positions that continue from and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate one-half of the  clinical  research  positions  submitted  by  each
 consortium  or teaching general hospital rounded down to the nearest one
 position. Such reduction shall be repeated until the dollar  amount  for
 the  total  number of clinical research positions in the region does not
 exceed the total amount appropriated for purposes of this paragraph.  If
 the  repeated  reduction  of the total number of clinical research posi-
 tions in the region by one-half does not render a total  funding  amount
 that  is equal to or less than the total amount reserved for that region
 within the appropriation, the funding for each clinical  research  posi-
 tion  in  that  region  shall  be reduced proportionally in one thousand
 dollar increments until the total dollar amount for the total number  of
 clinical  research  positions  in  that region does not exceed the total
 amount reserved for that region within the appropriation. Any  reduction
 in  funding will be effective for the duration of the award. No clinical
 research positions that continue from and were funded in prior  distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D)  Each  consortium  or  teaching general hospital shall receive its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G)  of  this subparagraph. The requirements set forth in items (IV) and
 (V) of clause (G) of this subparagraph must be completed by the  consor-
 tium  or teaching general hospital in order for the consortium or teach-
 ing general hospital to be eligible to apply for ECRIP  funding  in  any
 subsequent funding cycle.
   (II)  Each  consortium  or  teaching  general hospital with a two-year
 ECRIP award shall receive its first annual distribution amount  in  full
 upon  completion  of the requirements set forth in items (I) and (II) of
 clause (G) of this subparagraph. Each  consortium  or  teaching  general
 hospital will receive its second annual distribution amount in full upon
 completion  of the requirements set forth in item (III) of clause (G) of
 this subparagraph. The requirements set forth in items (IV) and  (V)  of
 clause  (G)  of this subparagraph must be completed by the consortium or
 teaching general hospital in order for the consortium or teaching gener-
 al hospital to be eligible to apply for ECRIP funding in any  subsequent
 funding cycle.
   (E)  Each  consortium  or teaching general hospital receiving distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars to primarily fund salary and fringe  benefits  of  the  clinical
 research  position  with  the remainder going to fund the development of
 faculty who are involved in biomedical research, training  and  clinical
 care.
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research positions pursuant to this paragraph for a distribution  period

 S. 2007                            31                            A. 3007
 
 shall  be  available to fund clinical research positions in a subsequent
 distribution period.
   (G) In order to be eligible for distributions pursuant to this subpar-
 agraph,  each  consortium and teaching general hospital shall provide to
 the commissioner by July first of each distribution period, the  follow-
 ing  data  and  information  on a hospital-specific basis. Such data and
 information shall be certified as to accuracy and  completeness  by  the
 chief executive officer, chief financial officer or chair of the consor-
 tium  governing body of each consortium or teaching general hospital and
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I) For each clinical research  position,  information  on  the  type,
 scope,  training  objectives,  institutional  support, clinical research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to peer reviewed journals and at scientific meetings, including a  meet-
 ing  sponsored by the department, the name of a principal contact person
 responsible for tracking the career development of researchers placed in
 clinical research positions, as defined in paragraph (c) of  subdivision
 one of this section, and who is authorized to certify to the commission-
 er  that  all  the requirements of the clinical research training objec-
 tives set forth in this subparagraph shall be  met.  Such  certification
 shall be provided by July first of each distribution period;
   (II)  For  each  clinical  research position, information on the name,
 citizenship status, medical education and training, and medical  license
 number  of  the researcher, if applicable, shall be provided by December
 thirty-first of the calendar year following the distribution period;
   (III) Information on the status of the clinical research plan,  accom-
 plishments, changes in research activities, progress, and performance of
 the  researcher  shall  be  provided  upon completion of one-half of the
 award term;
   (IV) A final report detailing training  experiences,  accomplishments,
 activities  and  performance of the clinical researcher, and data, meth-
 ods, results and  analyses  of  the  clinical  research  plan  shall  be
 provided three months after the clinical research position ends; and
   (V)  Tracking  information  concerning past researchers, including but
 not limited to (A) background information, (B) employment  history,  (C)
 research  status,  (D) current research activities, (E) publications and
 presentations, (F) research  support,  and  (G)  any  other  information
 necessary to track the researcher; and
   (VI)  Any  other  data  or information required by the commissioner to
 implement this subparagraph.
   (H) Notwithstanding any inconsistent provision  of  this  subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
   (1)  provide  that ECRIP grant awards shall be made with the objective
 of securing federal funding for biomedical research,  training  clinical
 researchers,  recruiting  national leaders as faculty to act as mentors,
 and training residents and fellows in biomedical research skills;
   (2) provide that ECRIP grant applicants may include  interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 oration  with  entities  including  but  not limited to medical centers,
 hospitals, universities and local health departments;
   (3) provide that applications for ECRIP grant awards shall be based on
 such information requested by the commissioner, which shall include  but
 not be limited to hospital-specific data;

 S. 2007                            32                            A. 3007
 
   (4)  establish  the  qualifications  for investigators and other staff
 required for grant projects eligible for ECRIP grant awards; and
   (5)  establish a methodology for the distribution of funds under ECRIP
 grant awards.
   (c) Ambulatory care  training.  Four  million  nine  hundred  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine,  four  million  nine  hundred  thousand
 dollars  for the period January first, two thousand ten through December
 thirty-first, two thousand ten,  one  million  two  hundred  twenty-five
 thousand  dollars  for  the  period  January  first, two thousand eleven
 through March thirty-first, two  thousand  eleven,  four  million  three
 hundred  thousand  dollars  each  state fiscal year for the period April
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 fourteen,  [and]  up  to  four million sixty thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen, AND WITHIN AMOUNTS APPROPRI-
 ATED  FOR  EACH  STATE FISCAL YEAR FOR PERIODS ON AND AFTER APRIL FIRST,
 TWO THOUSAND SEVENTEEN, shall be set aside and reserved by  the  commis-
 sioner  from  the regional pools established pursuant to subdivision two
 of this section and shall be available for distributions  to  sponsoring
 institutions  to  be  directed  to  support clinical training of medical
 students  and  residents  in  free-standing  ambulatory  care  settings,
 including  community  health centers and private practices. Such funding
 shall be allocated regionally with two-thirds of the  available  funding
 going  to  New York city and one-third of the available funding going to
 the rest of the state and shall  be  distributed  to  sponsoring  insti-
 tutions  in each region pursuant to a request for application or request
 for proposal process with preference being given  to  sponsoring  insti-
 tutions  which provide training in sites located in underserved rural or
 inner-city areas and those that include medical students in such  train-
 ing.
   (d)  Physician  loan repayment program. One million nine hundred sixty
 thousand dollars for  the  period  January  first,  two  thousand  eight
 through  December  thirty-first,  two  thousand  eight, one million nine
 hundred sixty thousand dollars for the period January first,  two  thou-
 sand  nine through December thirty-first, two thousand nine, one million
 nine hundred sixty thousand dollars for the period  January  first,  two
 thousand  ten  through  December  thirty-first,  two  thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  [and]  up  to  one  million seven hundred five thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen  through March thirty-first, two thousand seventeen, AND WITHIN
 AMOUNTS APPROPRIATED FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER
 APRIL FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved  by
 the  commissioner from the regional pools established pursuant to subdi-
 vision two of this section and shall be available for purposes of physi-
 cian loan repayment in accordance with subdivision ten of this  section.
 Notwithstanding  any  contrary  provision  of this section, sections one
 hundred twelve and one hundred sixty-three of the state finance law,  or
 any  other  contrary  provision  of law, such funding shall be allocated
 regionally with one-third of available funds going to New York city  and

 S. 2007                            33                            A. 3007

 two-thirds  of  available funds going to the rest of the state and shall
 be distributed in a manner to be determined by the commissioner  without
 a competitive bid or request for proposal process as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians  who  train  in  primary care or specialty tracks in teaching
 general hospitals, and who enter and remain in primary care or specialty
 practices in underserved communities, as determined by the commissioner.
   (ii) After distributions in accordance with subparagraph (i)  of  this
 paragraph, all remaining funds shall be awarded to repay loans of physi-
 cians  who  enter  and  remain in primary care or specialty practices in
 underserved communities, as determined by  the  commissioner,  including
 but  not  limited  to  physicians working in general hospitals, or other
 health care facilities.
   (iii) In no case shall less than fifty percent of the funds  available
 pursuant  to  this  paragraph be distributed in accordance with subpara-
 graphs (i) and (ii) of this paragraph to physicians identified by gener-
 al hospitals.
   (iv) In addition to the funds allocated under this paragraph, for  the
 period April first, two thousand fifteen through March thirty-first, two
 thousand  sixteen,  two  million  dollars  shall  be  available  for the
 purposes described in subdivision ten of this section;
   (v) In addition to the funds allocated under this paragraph,  for  the
 period April first, two thousand sixteen through March thirty-first, two
 thousand  seventeen,  two  million  dollars  shall  be available for the
 purposes described in subdivision ten of this section;
   (vi) Notwithstanding any provision of law to the contrary, and subject
 to the extension of the Health Care Reform Act of 1996, sufficient funds
 shall be available for the purposes described in subdivision ten of this
 section in amounts necessary to fund the remaining year commitments  for
 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
   (e)  Physician  practice  support.  Four million nine hundred thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars annually for the period January first, two thousand nine through
 December  thirty-first,  two thousand ten, one million two hundred twen-
 ty-five thousand dollars for the  period  January  first,  two  thousand
 eleven  through  March  thirty-first,  two thousand eleven, four million
 three hundred thousand dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, [and] up to four million  three  hundred  sixty  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen, AND  WITHIN
 AMOUNTS APPROPRIATED FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND AFTER
 APRIL  FIRST, TWO THOUSAND SEVENTEEN, shall be set aside and reserved by
 the commissioner from the regional pools established pursuant to  subdi-
 vision two of this section and shall be available for purposes of physi-
 cian  practice  support.  Notwithstanding any contrary provision of this
 section, sections one hundred twelve and one hundred sixty-three of  the
 state  finance law, or any other contrary provision of law, such funding
 shall be allocated regionally with one-third of available funds going to
 New York city and two-thirds of available funds going to the rest of the
 state and shall be distributed in a  manner  to  be  determined  by  the
 commissioner  without  a competitive bid or request for proposal process
 as follows:
   (i) Preference in funding shall first be accorded to teaching  general
 hospitals  for  up  to  twenty-five awards, to support costs incurred by

 S. 2007                            34                            A. 3007
 
 physicians trained in primary or specialty tracks who thereafter  estab-
 lish  or join practices in underserved communities, as determined by the
 commissioner.
   (ii)  After  distributions in accordance with subparagraph (i) of this
 paragraph, all remaining funds shall be awarded to physicians to support
 the cost of establishing or joining practices  in  underserved  communi-
 ties,  as  determined  by  the  commissioner, and to hospitals and other
 health care providers to recruit new physicians to provide  services  in
 underserved communities, as determined by the commissioner.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this  paragraph  be  distributed  to  general  hospitals  in
 accordance with subparagraphs (i) and (ii) of this paragraph.
   (e-1) Work group. For funding available pursuant to paragraphs (d) and
 (e) of this subdivision:
   (i)  The  department  shall  appoint a work group from recommendations
 made by associations  representing  physicians,  general  hospitals  and
 other  health care facilities to develop a streamlined application proc-
 ess by June first, two thousand twelve.
   (ii) Subject to available funding, applications shall be accepted on a
 continuous basis. The department shall provide technical  assistance  to
 applicants  to facilitate their completion of applications. An applicant
 shall be notified in writing  by  the  department  within  ten  days  of
 receipt  of an application as to whether the application is complete and
 if the application is incomplete, what information is  outstanding.  The
 department  shall act on an application within thirty days of receipt of
 a complete application.
   (f) Study on physician workforce. Five hundred ninety thousand dollars
 annually for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand ten,  one  hundred  forty-eight  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven, five hundred sixteen thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through  March  thirty-first,  two  thousand  fourteen, [and] up to four
 hundred eighty-seven thousand dollars each state  fiscal  year  for  the
 period  April  first,  two thousand fourteen through March thirty-first,
 two thousand seventeen, AND WITHIN AMOUNTS APPROPRIATED FOR  EACH  STATE
 FISCAL  YEAR  FOR  PERIODS  ON  AND  AFTER  APRIL  FIRST,  TWO  THOUSAND
 SEVENTEEN, shall be set aside and reserved by the commissioner from  the
 regional  pools  established pursuant to subdivision two of this section
 and shall be available to fund a study of physician workforce needs  and
 solutions  including,  but  not  limited  to,  an  analysis of residency
 programs and projected physician  workforce  and  community  needs.  The
 commissioner  shall enter into agreements with one or more organizations
 to conduct such study based on a request for proposal process.
   (g) Diversity in medicine/post-baccalaureate program.  Notwithstanding
 any  inconsistent provision of section one hundred twelve or one hundred
 sixty-three of the state finance law or any other law, one million  nine
 hundred  sixty  thousand  dollars annually for the period January first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen, [and] up to one million six hundred five thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through  March  thirty-first, two thousand seventeen, AND WITHIN AMOUNTS

 S. 2007                            35                            A. 3007
 
 APPROPRIATED FOR EACH STATE FISCAL YEAR FOR PERIODS ON AND  AFTER  APRIL
 FIRST,  TWO  THOUSAND  SEVENTEEN, shall be set aside and reserved by the
 commissioner from the regional pools established pursuant to subdivision
 two  of  this  section  and  shall be available for distributions to the
 Associated Medical Schools of New York to  fund  its  diversity  program
 including  existing and new post-baccalaureate programs for minority and
 economically disadvantaged students and encourage participation from all
 medical schools in New York. The associated medical schools of New  York
 shall report to the commissioner on an annual basis regarding the use of
 funds  for  such  purpose  in  such  form and manner as specified by the
 commissioner.
   (h) In the event there are undistributed  funds  within  amounts  made
 available for distributions pursuant to this subdivision, such funds may
 be  reallocated  and  distributed  in current or subsequent distribution
 periods in a manner determined by the commissioner for any  purpose  set
 forth in this subdivision.
   7.  Notwithstanding  any inconsistent provision of section one hundred
 twelve or one hundred sixty-three of the state finance law or any  other
 law,  up  to one million dollars for the period January first, two thou-
 sand through  December  thirty-first,  two  thousand,  one  million  six
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand one through December  thirty-first,  two  thousand  eight,  one
 million  five  hundred thousand dollars annually for the periods January
 first, two thousand nine through  December  thirty-first,  two  thousand
 ten,  three hundred seventy-five thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven,  one  million  three  hundred twenty thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March  thirty-first,  two  thousand  fourteen,  [and]  up to two million
 seventy-seven thousand dollars each state fiscal  year  for  the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand  seventeen,  AND  WITHIN AMOUNTS APPROPRIATED FOR EACH STATE FISCAL
 YEAR FOR PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, shall
 be set aside and reserved by the commissioner from  the  regional  pools
 established  pursuant  to  subdivision  two of this section and shall be
 available for distributions to the New York state area health  education
 center  program for the purpose of expanding community-based training of
 medical students. In addition, one  million  dollars  annually  for  the
 period  January first, two thousand eight through December thirty-first,
 two thousand ten, two hundred fifty  thousand  dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, and eight hundred eighty thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first,  two thousand fourteen, shall be set aside and reserved by the
 commissioner from the regional pools established pursuant to subdivision
 two of this section and shall be available for distributions to the  New
 York state area health education center program for the purpose of post-
 secondary training of health care professionals who will achieve specif-
 ic  program  outcomes  within  the  New York state area health education
 center program.  The New York state area health education center program
 shall report to the commissioner on an annual basis regarding the use of
 funds for each purpose in such form  and  manner  as  specified  by  the
 commissioner.
   §  7.  Paragraph  (a) of subdivision 12 of section 367-b of the social
 services law, as amended by section 10 of part B of chapter  60  of  the
 laws of 2014, is amended to read as follows:

 S. 2007                            36                            A. 3007
 
   (a) For the purpose of regulating cash flow for general hospitals, the
 department  shall develop and implement a payment methodology to provide
 for timely payments for inpatient hospital services  eligible  for  case
 based  payments per discharge based on diagnosis-related groups provided
 during  the  period January first, nineteen hundred eighty-eight through
 March thirty-first two thousand [seventeen] TWENTY,  by  such  hospitals
 which elect to participate in the system.
   §  8.  Subdivision  6  of  section 2807-t of the public health law, as
 amended by section 15 of part B of chapter 60 of the laws  of  2014,  is
 amended to read as follows:
   6. Prospective adjustments. (a) The commissioner shall annually recon-
 cile  the  sum  of  the  actual payments made to the commissioner or the
 commissioner's designee for each region pursuant to section twenty-eight
 hundred seven-s of this article and pursuant to  this  section  for  the
 prior  year  with  the regional allocation of the gross annual statewide
 amount specified in subdivision  six  of  section  twenty-eight  hundred
 seven-s  of this article for such prior year. The difference between the
 actual amount raised for a region and the  regional  allocation  of  the
 specified  gross annual amount for such prior year shall be applied as a
 prospective adjustment to the regional allocation of the specified gross
 annual payment amount for such region for the year  next  following  the
 calculation  of  the  reconciliation. The authorized dollar value of the
 adjustments shall be the same as if calculated retrospectively.
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  for  covered  lives  assessment rate periods on and after January
 first, two thousand fifteen through December thirty-first, two  thousand
 [seventeen]  TWENTY, for amounts collected in the aggregate in excess of
 one billion forty-five million dollars on an annual  basis,  prospective
 adjustments  shall be suspended if the annual reconciliation calculation
 from the prior year would otherwise result in a decrease to the regional
 allocation of the specified gross annual payment amount for that region,
 provided, however, that such suspension shall be lifted upon a  determi-
 nation  by  the  commissioner,  in consultation with the director of the
 budget, that sixty-five million dollars in aggregate collections  on  an
 annual basis over and above one billion forty-five million dollars on an
 annual  basis  have  been reserved and set aside for deposit in the HCRA
 resources fund. Any amounts collected in the aggregate at or  below  one
 billion  forty-five million dollars on an annual basis, shall be subject
 to regional adjustments reconciling any decreases or  increases  to  the
 regional  allocation  in  accordance with paragraph (a) of this subdivi-
 sion.
   § 9. This act shall take effect immediately; provided, however, that:
   (a) the amendments made to sections 2807-s and 2807-j  of  the  public
 health  law  made by sections three, four and five of this act shall not
 affect the expiration of such sections and shall expire therewith; and
   (b) the amendments to subdivision 6 of section 2807-t  of  the  public
 health  law made by section eight of this act shall not affect the expi-
 ration of such section and shall be deemed to expire therewith.

                                  PART I
 
   Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
 public health law relating to authorizing  bad  debt  and  charity  care
 allowances  for  certified home health agencies, as amended by section 1
 of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
 follows:

 S. 2007                            37                            A. 3007
 
   § 11. This act shall take effect immediately and:
   (a) sections one and three shall expire on December 31, 1996,
   (b)  sections  four  through ten shall expire on June 30, [2017] 2020,
 and
   (c) provided that the amendment to section 2807-b of the public health
 law by section two of this act shall not affect the expiration  of  such
 section  2807-b  as  otherwise  provided  by  law and shall be deemed to
 expire therewith.
   § 2. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
 of 2014 amending the social services law relating to  eliminating  pres-
 criber prevails for brand name drugs with generic equivalent, as amended
 by  section 6 of part D of chapter 59 of the laws of 2016, is amended to
 read as follows:
   4-a. section twenty-two of this act shall take effect April  1,  2014,
 and shall be deemed expired January 1, [2018] 2020;
   §  3.  Subparagraph  (vi) of paragraph (b) of subdivision 2 of section
 2807-d of the public health law, as amended by section 3 of  part  D  of
 chapter 57 of the laws of 2015, is amended to read as follows:
   (vi)  Notwithstanding  any contrary provision of this paragraph or any
 other provision of law or regulation to the  contrary,  for  residential
 health care facilities the assessment shall be six percent of each resi-
 dential  health care facility's gross receipts received from all patient
 care services and other operating income on a cash basis for the  period
 April  first,  two thousand two through March thirty-first, two thousand
 three for hospital  or  health-related  services,  including  adult  day
 services;  provided,  however,  that residential health care facilities'
 gross receipts attributable to payments received pursuant to title XVIII
 of the federal social security act (medicare) shall be excluded from the
 assessment; provided, however, that for all such gross receipts received
 on or after April first, two thousand three through March  thirty-first,
 two  thousand  five,  such assessment shall be five percent, and further
 provided that for all such gross receipts received  on  or  after  April
 first,  two thousand five through March thirty-first, two thousand nine,
 and on or after April first, two thousand  nine  through  March  thirty-
 first,  two  thousand  eleven  such assessment shall be six percent, and
 further provided that for all such gross receipts received on  or  after
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand thirteen such assessment shall be six percent, and further provided
 that for all such gross receipts received on or after April  first,  two
 thousand  thirteen through March thirty-first, two thousand fifteen such
 assessment shall be six percent, and further provided that for all  such
 gross  receipts  received  on or after April first, two thousand fifteen
 through March thirty-first, two thousand seventeen such assessment shall
 be six percent, AND FURTHER PROVIDED THAT FOR ALL  SUCH  GROSS  RECEIPTS
 RECEIVED  ON  OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY SUCH ASSESSMENT SHALL BE SIX PERCENT.
   § 4. Subdivision 1 of section 194 of chapter 474 of the laws of  1996,
 amending the education law and other laws relating to rates for residen-
 tial  health care facilities, as amended by section 5 of part D of chap-
 ter 57 of the laws of 2015, is amended to read as follows:
   1. Notwithstanding any inconsistent provision of  law  or  regulation,
 the  trend  factors  used to project reimbursable operating costs to the
 rate period for purposes of determining rates  of  payment  pursuant  to
 article  28 of the public health law for residential health care facili-
 ties for reimbursement of inpatient services provided to patients eligi-
 ble for payments made by state governmental agencies on and after  April

 S. 2007                            38                            A. 3007
 
 1,  1996  through March 31, 1999 and for payments made on and after July
 1, 1999 through March 31, 2000 and on and after April  1,  2000  through
 March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
 on and after April 1, 2007 through March 31, 2009 and on and after April
 1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
 March 31, 2013 and on and after April 1, 2013 through  March  31,  2015,
 and  on and after April 1, 2015 through March 31, 2017, AND ON AND AFTER
 APRIL 1, 2017 THROUGH MARCH 31,  2020  shall  reflect  no  trend  factor
 projections  or  adjustments for the period April 1, 1996, through March
 31, 1997.
   § 5. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
 of 2007, amending the social services law and  other  laws  relating  to
 enacting  the major components of legislation necessary to implement the
 health and mental hygiene budget for the 2007-2008 state fiscal year, as
 amended by section 6 of part D of chapter 57 of the  laws  of  2015,  is
 amended to read as follows:
   1.  Notwithstanding  paragraph (c) of subdivision 10 of section 2807-c
 of the public health law and section 21 of chapter  1  of  the  laws  of
 1999,  as  amended, and any other inconsistent provision of law or regu-
 lation to the contrary,  in  determining  rates  of  payments  by  state
 governmental agencies effective for services provided beginning April 1,
 2006,  through  March  31,  2009, and on and after April 1, 2009 through
 March 31, 2011, and on and after April 1, 2011 through March  31,  2013,
 and  on and after April 1, 2013 through March 31, 2015, and on and after
 April 1, 2015 through March 31, 2017, AND ON AND  AFTER  APRIL  1,  2017
 THROUGH MARCH 31, 2020 for inpatient and outpatient services provided by
 general  hospitals  and  for inpatient services and outpatient adult day
 health care services provided  by  residential  health  care  facilities
 pursuant  to  article  28  of the public health law, the commissioner of
 health shall apply a trend factor  projection  of  two  and  twenty-five
 hundredths  percent  attributable  to the period January 1, 2006 through
 December 31, 2006, and on and after January 1, 2007, provided,  however,
 that  on  reconciliation  of such trend factor for the period January 1,
 2006 through December 31, 2006 pursuant to paragraph (c) of  subdivision
 10  of  section 2807-c of the public health law, such trend factor shall
 be the final US Consumer Price Index (CPI) for all urban  consumers,  as
 published by the US Department of Labor, Bureau of Labor Statistics less
 twenty-five hundredths of a percentage point.
   § 6. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
 amending  the  public  health  law  and  other  laws relating to medical
 reimbursement and welfare reform, as amended by section 11 of part D  of
 chapter 57 of the laws of 2015, is amended to read as follows:
   5-a.  Section sixty-four-a of this act shall be deemed to have been in
 full force and effect on and after April 1, 1995 through March 31,  1999
 and  on  and  after July 1, 1999 through March 31, 2000 and on and after
 April 1, 2000 through March 31, 2003 and on  and  after  April  1,  2003
 through March 31, 2007, and on and after April 1, 2007 through March 31,
 2009,  and on and after April 1, 2009 through March 31, 2011, and on and
 after April 1, 2011 through March 31, 2013, and on and  after  April  1,
 2013  through  March  31,  2015,  and on and after April 1, 2015 through
 March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31, 2020;
   § 7. Section 64-b of chapter 81 of the  laws  of  1995,  amending  the
 public  health  law and other laws relating to medical reimbursement and
 welfare reform, as amended by section 12 of part D of chapter 57 of  the
 laws of 2015, is amended to read as follows:

 S. 2007                            39                            A. 3007

   §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
 provisions of subdivision 7 of section 3614 of the public health law, as
 amended, shall remain and be in full force and effect on April  1,  1995
 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
 and after April 1, 2000 through March 31, 2003 and on and after April 1,
 2003  through  March  31,  2007,  and on and after April 1, 2007 through
 March 31, 2009, and on and after April 1, 2009 through March  31,  2011,
 and  on and after April 1, 2011 through March 31, 2013, and on and after
 April 1, 2013 through March 31, 2015, and on and  after  April  1,  2015
 through  March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
 2020.
   § 8. Subdivision (a) of section 40 of part B of  chapter  109  of  the
 laws  of  2010, amending the social services law relating to transporta-
 tion costs, as amended by section 23 of part D of chapter 57 of the laws
 of 2015, is amended to read as follows:
   (a) sections two, three, three-a, three-b, three-c,  three-d,  three-e
 and  twenty-one  of  this  act  shall take effect July 1, 2010; sections
 fifteen, sixteen, seventeen, eighteen and nineteen  of  this  act  shall
 take effect January 1, 2011; and provided further that section twenty of
 this  act  shall  be deemed repealed [six] NINE years after the date the
 contract entered into pursuant to section 365-h of the  social  services
 law,  as  amended  by  section twenty of this act, is executed; provided
 that the commissioner of health shall notify the legislative bill draft-
 ing commission upon the execution of the contract entered into  pursuant
 to section 367-h of the social services law in order that the commission
 may  maintain an accurate and timely effective data base of the official
 text of the laws of the state of New York in furtherance of effectuating
 the provisions of section 44 of the legislative law and section 70-b  of
 the public officers law;
   §  9. Section 4-a of part A of chapter 56 of the laws of 2013 amending
 chapter 59 of the laws of 2011 amending the public health law and  other
 laws  relating to general hospital reimbursement for annual rates relat-
 ing to the cap on local Medicaid expenditures, as amended by section  29
 of  part  D  of  chapter  57  of the laws of 2015, is amended to read as
 follows:
   § 4-a. Notwithstanding paragraph (c)  of  subdivision  10  of  section
 2807-c  of the public health law, section 21 of chapter 1 of the laws of
 1999, or any other contrary provision of law, in  determining  rates  of
 payments  by state governmental agencies effective for services provided
 on and after January 1, [2017] 2020 through March 31, [2017]  2020,  for
 inpatient  and  outpatient  services  provided by general hospitals, for
 inpatient  services  and  adult  day  health  care  outpatient  services
 provided by residential health care facilities pursuant to article 28 of
 the  public health law, except for residential health care facilities or
 units of such facilities providing services primarily to children  under
 twenty-one years of age, for home health care services provided pursuant
 to  article  36  of the public health law by certified home health agen-
 cies, long term home health care programs and AIDS home  care  programs,
 and for personal care services provided pursuant to section 365-a of the
 social  services  law, the commissioner of health shall apply no greater
 than zero trend factors attributable to the [2017] 2020 calendar year in
 accordance with paragraph (c) of subdivision 10 of section 2807-c of the
 public health law, provided, however, that such  no  greater  than  zero
 trend  factors attributable to such [2017] 2020 calendar year shall also
 be applied to rates of payment provided on and after January  1,  [2017]
 2020  through  March 31, [2017] 2020 for personal care services provided

 S. 2007                            40                            A. 3007
 
 in those local social services districts, including New York city, whose
 rates of payment for such services are established by such local  social
 services  districts  pursuant  to a rate-setting exemption issued by the
 commissioner  of  health  to  such  local  social  services districts in
 accordance with applicable regulations, and provided  further,  however,
 that  for rates of payment for assisted living program services provided
 on and after January 1, [2017] 2020 through March 31, [2017] 2020,  such
 trend  factors  attributable  to  the [2017] 2020 calendar year shall be
 established at no greater than zero percent.
   § 10. Subdivisions 3 and 5 of section 47 of chapter 2 of the  laws  of
 1998,  amending the public health law and other laws relating to expand-
 ing the child health insurance plan, as amended by section 61 of part  C
 of chapter 60 of the laws of 2014, are amended to read as follows:
   3.  section  six  of  this  act  shall  take  effect  January 1, 1999;
 provided, however, that subparagraph (iii) of paragraph (c) of  subdivi-
 sion  9  of section 2510 of the public health law, as added by this act,
 shall expire on July 1, [2017] 2020;
   5. section twelve of this act  shall  take  effect  January  1,  1999;
 provided,  however,  paragraphs  (g) and (h) of subdivision 2 of section
 2511 of the public health law, as added by such section, shall expire on
 July 1, [2017] 2020;
   § 11. Section 4 of chapter 19 of the laws of 1998, amending the social
 services law relating to limiting the method of payment for prescription
 drugs under the medical assistance program, as amended by section 65  of
 part C of chapter 60 of the laws of 2014, is amended to read as follows:
   §  4. This act shall take effect 120 days after it shall have become a
 law and shall expire and be deemed repealed March 31, [2017] 2020.
   § 12. Paragraph (e-1) of subdivision 12 of section 2808 of the  public
 health law, as amended by section 66 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (e-1) Notwithstanding any inconsistent provision of law or regulation,
 the  commissioner  shall  provide,  in  addition to payments established
 pursuant to this article prior to application  of  this  section,  addi-
 tional  payments  under the medical assistance program pursuant to title
 eleven of article five of the social services law for non-state operated
 public residential health care facilities, including public  residential
 health  care  facilities  located in the county of Nassau, the county of
 Westchester and the county of Erie,  but  excluding  public  residential
 health  care  facilities  operated by a town or city within a county, in
 aggregate annual amounts of up to one hundred fifty million  dollars  in
 additional payments for the state fiscal year beginning April first, two
 thousand  six  and  for the state fiscal year beginning April first, two
 thousand seven and for the state fiscal year beginning April first,  two
 thousand eight and of up to three hundred million dollars in such aggre-
 gate  annual  additional  payments  for  the state fiscal year beginning
 April first, two thousand nine, and for the state fiscal year  beginning
 April  first,  two  thousand ten and for the state fiscal year beginning
 April first, two thousand eleven, and for the state fiscal years  begin-
 ning  April  first,  two  thousand  twelve and April first, two thousand
 thirteen, and of up to five hundred million dollars  in  such  aggregate
 annual  additional  payments  for the state fiscal years beginning April
 first, two thousand fourteen, April  first,  two  thousand  fifteen  and
 April  first,  two  thousand  sixteen  AND OF UP TO FIVE HUNDRED MILLION
 DOLLARS IN SUCH AGGREGATE  ANNUAL  ADDITIONAL  PAYMENTS  FOR  THE  STATE
 FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN, APRIL FIRST,
 TWO  THOUSAND  EIGHTEEN,  AND  APRIL  FIRST,  TWO THOUSAND NINETEEN. The

 S. 2007                            41                            A. 3007
 
 amount allocated to each eligible public residential health care facili-
 ty for this period shall be computed in accordance with  the  provisions
 of  paragraph  (f)  of this subdivision, provided, however, that patient
 days  shall  be utilized for such computation reflecting actual reported
 data for two thousand three and each representative succeeding  year  as
 applicable,  and  provided  further, however, that, in consultation with
 impacted providers, of the funds allocated for distribution in the state
 fiscal year beginning April first, two thousand thirteen, up to  thirty-
 two  million dollars may be allocated in accordance with paragraph (f-1)
 of this subdivision.
   § 13. Section 18 of chapter 904 of the  laws  of  1984,  amending  the
 public  health  law  and the social services law relating to encouraging
 comprehensive health services, as amended by section 67-c of part  C  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   §  18.  This  act  shall take effect immediately, except that sections
 six, nine, ten and eleven of this act shall take effect on the  sixtieth
 day  after  it  shall  have become a law, [sections two, three, four and
 nine of this act shall expire and be of no further force or effect on or
 after March 31, 2017,] section two of this  act  shall  take  effect  on
 April  1,  1985  or  seventy-five  days  following the submission of the
 report required by section one of this  act,  whichever  is  later,  and
 sections  eleven  and  thirteen  of  this  act shall expire and be of no
 further force or effect on or after March 31, 1988.
   § 14. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
 the public health law relating to allowing for the use of funds  of  the
 office  of  professional  medical  conduct for activities of the patient
 health information and quality improvement act of 2000,  as  amended  by
 section  4-b  of part A of chapter 57 of the laws of 2015, is amended to
 read as follows:
   § 4. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of  section  one of this act shall be deemed to have been in
 full force and effect on and after April 1, 2003, and shall expire March
 31, [2017] 2020 when upon such date the provisions of such section shall
 be deemed repealed.
   § 15.  Subdivision (o) of section 111 of part H of chapter 59  of  the
 laws  of  2011, amending the public health law relating to the statewide
 health information network of New York and the  statewide  planning  and
 research cooperative system and general powers and duties, as amended by
 section  28  of  part D of chapter 57 of the laws of 2015, is amended to
 read as follows:
   (o) sections thirty-eight and thirty-eight-a of this act shall  expire
 and be deemed repealed March 31, [2017] 2020;
   § 16. Section 32 of part A of chapter 58 of the laws of 2008, amending
 the  elder law and other laws relating to reimbursement to participating
 provider pharmacies  and  prescription  drug  coverage,  as  amended  by
 section  13  of  part A of chapter 57 of the laws of 2015, is amended to
 read as follows:
   § 32. This act shall take effect immediately and shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2008; provided
 however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
 twenty-five of this act shall take effect July 1, 2008; provided however
 that  sections  sixteen, seventeen and eighteen of this act shall expire
 April 1, [2017] 2020; provided, however, that  the  amendments  made  by
 section  twenty-eight  of this act shall take effect on the same date as
 section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
 further,  that  sections twenty-nine, thirty, and thirty-one of this act

 S. 2007                            42                            A. 3007
 
 shall take effect October 1, 2008; provided further, that section  twen-
 ty-seven  of  this  act  shall take effect January 1, 2009; and provided
 further, that section twenty-seven of  this  act  shall  expire  and  be
 deemed  repealed  March 31, [2017] 2020; and provided, further, however,
 that the amendments to subdivision 1 of section 241 of the education law
 made by section twenty-nine of this act shall not affect the  expiration
 of such subdivision and shall be deemed to expire therewith and provided
 that  the  amendments  to  section  272 of the public health law made by
 section thirty of this act shall not affect the repeal of  such  section
 and shall be deemed repealed therewith.
   §  17.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART J
 
   Section 1. The insurance law is amended by adding a new article 29  to
 read as follows:
                                ARTICLE 29
                         PHARMACY BENEFIT MANAGERS
 SECTION 2901. DEFINITIONS.
         2902. ACTING WITHOUT A REGISTRATION.
         2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
         2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
         2905. ACTING WITHOUT A LICENSE.
         2906. LICENSING OF A PHARMACY BENEFIT MANAGER.
         2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
                 PHARMACY BENEFIT MANAGER.
         2908. PENALTIES FOR VIOLATIONS.
         2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION.
         2910. REVOKED REGISTRATIONS.
         2911. CHANGE OF ADDRESS.
         2912. ASSESSMENT.
         2913. APPLICABILITY OF OTHER LAWS.
   § 2901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   (A)  "CONTROLLING  PERSON"  IS ANY PERSON OR OTHER ENTITY WHO OR WHICH
 DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO  BE  DIRECTED
 THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
   (B)  "HEALTH  INSURER"  MEANS  AN INSURANCE COMPANY AUTHORIZED IN THIS
 STATE TO WRITE ACCIDENT AND HEALTH INSURANCE, A COMPANY ORGANIZED PURSU-
 ANT TO ARTICLE FORTY-THREE OF  THIS  CHAPTER,  A  MUNICIPAL  COOPERATIVE
 HEALTH  BENEFIT PLAN ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
 CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
 FORTY-FOUR OF THE PUBLIC HEALTH LAW, AN INSTITUTION OF HIGHER  EDUCATION
 CERTIFIED  PURSUANT  TO  SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
 THIS CHAPTER, OR THE NEW YORK STATE HEALTH  INSURANCE  PLAN  ESTABLISHED
 UNDER ARTICLE ELEVEN OF THE CIVIL SERVICE LAW.
   (C)  "PHARMACY  BENEFIT MANAGEMENT SERVICES" MEANS DIRECTLY OR THROUGH
 AN INTERMEDIARY, MANAGING THE PRESCRIPTION DRUG COVERAGE PROVIDED  BY  A
 HEALTH  INSURER  UNDER A POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS
 STATE OR AN EMPLOYER THAT HAS ITS PRINCIPAL PLACE OF  BUSINESS  IN  THIS
 STATE,  INCLUDING  THE PROCESSING AND PAYMENT OF CLAIMS FOR PRESCRIPTION
 DRUGS, THE PERFORMANCE OF DRUG UTILIZATION  REVIEW,  THE  PROCESSING  OF
 DRUG PRIOR AUTHORIZATION REQUESTS, THE ADJUDICATION OF APPEALS OR GRIEV-
 ANCES  RELATED  TO  PRESCRIPTION DRUG COVERAGE, CONTRACTING WITH NETWORK
 PHARMACIES, AND CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.  THE
 TERM  "PHARMACY  BENEFIT MANAGEMENT SERVICES" SHALL NOT INCLUDE SERVICES

 S. 2007                            43                            A. 3007
 
 PROVIDED TO A PLAN SUBJECT TO SECTION THREE HUNDRED SIXTY-FOUR-J OF  THE
 SOCIAL SERVICES LAW.
   (D)  "PHARMACY  BENEFIT  MANAGER"  MEANS  A PERSON, FIRM, ASSOCIATION,
 CORPORATION OR OTHER ENTITY THAT, PURSUANT TO A CONTRACT WITH  A  HEALTH
 INSURER  OR AN EMPLOYER THAT HAS ITS PRINCIPAL PLACE OF BUSINESS IN THIS
 STATE AND ESTABLISHES OR MAINTAINS AN EMPLOYEE BENEFIT PLAN, AS  DEFINED
 BY THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, PROVIDES
 PHARMACY  BENEFIT  MANAGEMENT  SERVICES,  EXCEPT  THAT  TERM  SHALL  NOT
 INCLUDE:
   (1) AN OFFICER OR EMPLOYEE OF A REGISTERED OR LICENSED PHARMACY  BENE-
 FIT MANAGER;
   (2) A HEALTH INSURER, OR ANY MANAGER THEREOF, INDIVIDUAL OR CORPORATE,
 OR ANY OFFICER, DIRECTOR OR REGULAR SALARIED EMPLOYEE THEREOF, PROVIDING
 PHARMACY  BENEFIT  MANAGEMENT SERVICES UNDER A POLICY OR CONTRACT ISSUED
 BY THE HEALTH INSURER; OR
   (3) AN EMPLOYER OR ITS EMPLOYEES WITH RESPECT TO THE EMPLOYEE  BENEFIT
 PLAN,  AS DEFINED BY THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT
 OF 1974, ESTABLISHED OR MAINTAINED BY THE EMPLOYER.
   (E) "PRINCIPAL PLACE OF BUSINESS" MEANS THE STATE OR COUNTRY WHERE  AN
 EMPLOYER  MAINTAINS ITS HEADQUARTERS AND WHERE THE EMPLOYER'S HIGH-LEVEL
 OFFICERS  DIRECT,  CONTROL,  AND  COORDINATE  THE  BUSINESS  ACTIVITIES;
 PROVIDED,  HOWEVER,  THAT  IF THE EMPLOYER'S HIGH-LEVEL OFFICERS DIRECT,
 CONTROL, AND COORDINATE THE BUSINESS ACTIVITIES IN MORE THAN  ONE  STATE
 OR  COUNTRY,  THEN  THE  STATE  OR  COUNTRY WHERE THE GREATEST NUMBER OF
 EMPLOYEES ARE LOCATED.
   § 2902. ACTING WITHOUT A REGISTRATION.  (A) NO PERSON,  FIRM,  ASSOCI-
 ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFITS MANAG-
 ER  PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN WITHOUT HAVING A VALID
 REGISTRATION AS A PHARMACY BENEFIT MANAGER FILED WITH THE SUPERINTENDENT
 IN ACCORDANCE WITH THIS ARTICLE AND ANY REGULATIONS  PROMULGATED  THERE-
 UNDER.
   (B)  PRIOR  TO JANUARY FIRST, TWO THOUSAND NINETEEN, NO HEALTH INSURER
 MAY PAY ANY FEE OR OTHER COMPENSATION TO ANY PERSON, FIRM,  ASSOCIATION,
 CORPORATION  OR  OTHER ENTITY FOR PERFORMING PHARMACY BENEFIT MANAGEMENT
 SERVICES UNLESS THE PERSON,  FIRM,  ASSOCIATION,  CORPORATION  OR  OTHER
 ENTITY  IS  REGISTERED  AS A PHARMACY BENEFIT MANAGER IN ACCORDANCE WITH
 THIS ARTICLE.
   (C) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR  OTHER  ENTITY  THAT
 VIOLATES  THIS  SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
 BY LAW, BE SUBJECT TO A PENALTY OF THE  GREATER  OF:  (1)  ONE  THOUSAND
 DOLLARS  FOR  THE  FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED DOLLARS
 FOR EACH SUBSEQUENT VIOLATION;  OR  (2)  THE  AGGREGATE  GROSS  RECEIPTS
 ATTRIBUTABLE TO ALL VIOLATIONS.
   §  2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.  (A)
 EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
 SERVICES PRIOR TO JANUARY FIRST, TWO THOUSAND  NINETEEN  SHALL  REGISTER
 WITH  THE  SUPERINTENDENT  IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT,
 AND SHALL PAY A FEE OF ONE THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF
 A YEAR IN WHICH THE REGISTRATION SHALL BE VALID. EVERY REGISTRATION WILL
 EXPIRE ON DECEMBER THIRTY-FIRST, TWO  THOUSAND  EIGHTEEN  REGARDLESS  OF
 WHEN REGISTRATION WAS FIRST MADE.
   (B)  EVERY  PHARMACY  BENEFIT  MANAGER  THAT PERFORMS PHARMACY BENEFIT
 MANAGEMENT SERVICES AT ANY TIME  BETWEEN  JANUARY  FIRST,  TWO  THOUSAND
 SEVENTEEN  AND JUNE FIRST, TWO THOUSAND SEVENTEEN, SHALL MAKE THE REGIS-
 TRATION AND FEE PAYMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION ON OR
 BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN.

 S. 2007                            44                            A. 3007
 
   (C) EVERY PHARMACY BENEFIT MANAGER NOT SUBJECT TO  SUBSECTION  (B)  OF
 THIS  SECTION  SHALL  MAKE  THE REGISTRATION AND FEE PAYMENT REQUIRED BY
 SUBSECTION (A) OF THIS SECTION  PRIOR  TO  PERFORMING  PHARMACY  BENEFIT
 MANAGEMENT SERVICES.
   (D)  EACH  PHARMACY  BENEFIT  MANAGER SHALL RENEW ITS REGISTRATION AND
 MAKE THE REQUIRED FEE PAYMENT BY FEBRUARY FIRST, TWO  THOUSAND  EIGHTEEN
 FOR THE TWO THOUSAND EIGHTEEN CALENDAR YEAR.
   §  2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.  (A)(1)
 ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO  THOUSAND  SEVEN-
 TEEN, EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT,
 IN A STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJU-
 RY,  THE  INFORMATION REQUESTED BY THE SUPERINTENDENT.  SUCH INFORMATION
 MAY INCLUDE, WITHOUT LIMITATION, DISCLOSURE OF ANY  FINANCIAL  INCENTIVE
 OR  BENEFIT  FOR  PROMOTING THE USE OF CERTAIN DRUGS AND OTHER FINANCIAL
 ARRANGEMENTS  AFFECTING  HEALTH  INSURERS  OR  THEIR  POLICYHOLDERS   OR
 INSUREDS.
   (2) THE SUPERINTENDENT ALSO MAY ADDRESS TO ANY PHARMACY BENEFIT MANAG-
 ER  OR ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY
 BENEFIT MANAGEMENT SERVICES OR ANY  MATTER  CONNECTED  THEREWITH.  EVERY
 PHARMACY  BENEFIT  MANAGER OR PERSON SO ADDRESSED SHALL REPLY IN WRITING
 TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH  REPLY  SHALL  BE,  IF
 REQUIRED  BY  THE  SUPERINTENDENT,  SUBSCRIBED BY SUCH INDIVIDUAL, OR BY
 SUCH OFFICER OR OFFICERS OF THE PHARMACY BENEFIT MANAGER, AS THE  SUPER-
 INTENDENT SHALL DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENAL-
 TIES OF PERJURY.
   (3)  IN ADDITION TO THE OTHER REPORTS REQUIRED BY THIS SUBSECTION, THE
 SUPERINTENDENT ALSO MAY REQUIRE THE FILING OF QUARTERLY OR OTHER  STATE-
 MENTS, WHICH SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH MATTERS AS THE
 SUPERINTENDENT SHALL PRESCRIBE.
   (B)  IN  THE  EVENT  ANY  PHARMACY  BENEFIT MANAGER OR PERSON DOES NOT
 SUBMIT THE REPORT REQUIRED BY PARAGRAPH ONE OR THREE OF  SUBSECTION  (A)
 OF  THIS SECTION OR DOES NOT PROVIDE A GOOD FAITH RESPONSE TO AN INQUIRY
 FROM THE SUPERINTENDENT PURSUANT TO PARAGRAPH TWO OF SUBSECTION  (A)  OF
 THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT
 LESS  THAN  FIFTEEN  BUSINESS  DAYS, THE SUPERINTENDENT IS AUTHORIZED TO
 LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING,  AGAINST  SUCH  PHARMACY
 BENEFIT MANAGER OR PERSON NOT TO EXCEED FIVE HUNDRED DOLLARS PER DAY FOR
 EACH  DAY BEYOND THE DATE THE REPORT IS DUE OR THE DATE SPECIFIED BY THE
 SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
   (C) ALL INFORMATION DISCLOSED BY A PHARMACY BENEFIT MANAGER  SHALL  BE
 DEEMED CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE UNLESS THE SUPERINTEN-
 DENT  DETERMINES  THAT  SUCH DISCLOSURE IS IN THE PUBLIC INTEREST, OR IS
 NECESSARY TO CARRY OUT THIS  CHAPTER  OR  TO  ALLOW  THE  DEPARTMENT  TO
 PERFORM EXAMINATIONS OR INVESTIGATIONS AUTHORIZED BY LAW.
   §  2905.  ACTING WITHOUT A LICENSE.  (A) NO PERSON, FIRM, ASSOCIATION,
 CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON  OR
 AFTER  JANUARY  FIRST, TWO THOUSAND NINETEEN WITHOUT HAVING AUTHORITY TO
 DO SO BY VIRTUE OF A LICENSE ISSUED IN FORCE PURSUANT TO THE  PROVISIONS
 OF THIS CHAPTER.
   (B)  NO  HEALTH  INSURER  MAY PAY ANY FEE OR OTHER COMPENSATION TO ANY
 PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER  ENTITY  FOR  PERFORMING
 PHARMACY  BENEFIT  MANAGEMENT  SERVICES UNLESS THE PERSON, FIRM, ASSOCI-
 ATION, CORPORATION OR OTHER ENTITY IS LICENSED  AS  A  PHARMACY  BENEFIT
 MANAGER IN ACCORDANCE WITH THIS ARTICLE.
   (C)  ANY  PERSON,  FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
 VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER  PENALTY  PROVIDED

 S. 2007                            45                            A. 3007
 
 BY  LAW,  BE  SUBJECT  TO  A PENALTY OF THE GREATER OF: (1) ONE THOUSAND
 DOLLARS FOR THE FIRST VIOLATION AND TWO THOUSAND  FIVE  HUNDRED  DOLLARS
 FOR  EACH  SUBSEQUENT  VIOLATION;  OR  (2)  THE AGGREGATE GROSS RECEIPTS
 ATTRIBUTABLE TO ALL VIOLATIONS.
   §  2906. LICENSING OF A PHARMACY BENEFIT MANAGER.  (A) THE SUPERINTEN-
 DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
 ASSOCIATION OR CORPORATION WHO OR THAT HAS COMPLIED  WITH  THE  REQUIRE-
 MENTS  OF  THIS CHAPTER, INCLUDING REGULATIONS PROMULGATED BY THE SUPER-
 INTENDENT. THE SUPERINTENDENT  MAY  ESTABLISH,  BY  REGULATION,  MINIMUM
 STANDARDS FOR THE ISSUANCE OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
   (B) THE SUPERINTENDENT MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS
 FOR  THE  DELIVERY  OF PHARMACY BENEFIT MANAGEMENT SERVICES. THE MINIMUM
 STANDARDS ESTABLISHED UNDER THIS SUBSECTION MAY ADDRESS:
   (1) THE ELIMINATION OF CONFLICTS OF INTEREST BETWEEN PHARMACY  BENEFIT
 MANAGERS  AND  HEALTH  INSURERS OR EMPLOYEE BENEFIT PLANS, AS DEFINED BY
 THE FEDERAL EMPLOYEE RETIREMENT INCOME SECURITY ACT OF  1974,  FOR  WHOM
 THEY PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES;
   (2)  THE  ELIMINATION  OF  DECEPTIVE  PRACTICES IN CONNECTION WITH THE
 PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
   (3) THE ELIMINATION OF ANTI-COMPETITIVE PRACTICES IN  CONNECTION  WITH
 THE PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES; AND
   (4)  THE ELIMINATION OF UNFAIR CLAIMS PRACTICES IN CONNECTION WITH THE
 PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES.
   (C)(1) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL  AUTHOR-
 IZE  ALL  OF  THE  MEMBERS OF THE FIRM OR ASSOCIATION AND ANY DESIGNATED
 EMPLOYEES TO ACT AS PHARMACY BENEFIT MANAGERS UNDER THE LICENSE, AND ALL
 SUCH PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
   (2) ANY SUCH LICENSE ISSUED TO A CORPORATION SHALL  AUTHORIZE  ALL  OF
 THE  OFFICERS  AND ANY DESIGNATED EMPLOYEES AND DIRECTORS THEREOF TO ACT
 AS PHARMACY BENEFIT MANAGERS ON BEHALF OF SUCH CORPORATION, AND ALL SUCH
 PERSONS SHALL BE NAMED IN THE APPLICATION AND SUPPLEMENTS THERETO.
   (3) FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR  OR
 DIRECTORS  NAMED  IN THE APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR
 THE BUSINESS ENTITY'S COMPLIANCE WITH  THE  INSURANCE  LAWS,  RULES  AND
 REGULATIONS OF THIS STATE.
   (D)(1)  BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED OR
 RENEWED, THE PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE  OFFICE  OF
 THE  SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR FORMS
 AND SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A  FEE
 OF  ONE  THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH A
 LICENSE SHALL BE VALID.
   (2) EVERY PHARMACY BENEFIT MANAGER'S  LICENSE  ISSUED  TO  A  BUSINESS
 ENTITY  PURSUANT  TO  THIS  SECTION SHALL EXPIRE ON THE THIRTIETH DAY OF
 NOVEMBER OF EVEN-NUMBERED YEARS. EVERY LICENSE ISSUED PURSUANT  TO  THIS
 SECTION  TO  AN  INDIVIDUAL  PHARMACY BENEFIT MANAGER WHO WAS BORN IN AN
 ODD-NUMBERED YEAR, SHALL EXPIRE ON THE  INDIVIDUAL'S  BIRTHDAY  IN  EACH
 ODD-NUMBERED  YEAR.  EVERY LICENSE ISSUED PURSUANT TO THIS SECTION TO AN
 INDIVIDUAL PHARMACY BENEFIT MANAGER WHO WAS  BORN  IN  AN  EVEN-NUMBERED
 YEAR,  SHALL  EXPIRE  ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED
 YEAR. EVERY LICENSE ISSUED PURSUANT TO THIS SECTION MAY BE  RENEWED  FOR
 THE  ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON THE FILING OF AN APPLICA-
 TION IN CONFORMITY WITH THIS SUBSECTION.
   (E)(1) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE  BEEN  FILED
 WITH  THE SUPERINTENDENT BEFORE OCTOBER FIRST OF THE YEAR OF EXPIRATION,
 THEN THE LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL  FORCE  AND
 EFFECT  EITHER  UNTIL  THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL

 S. 2007                            46                            A. 3007

 LICENSE APPLIED FOR OR UNTIL FIVE DAYS AFTER  THE  SUPERINTENDENT  SHALL
 HAVE  REFUSED  TO  ISSUE  SUCH  RENEWAL LICENSE AND GIVEN NOTICE OF SUCH
 REFUSAL TO THE APPLICANT.
   (2) BEFORE REFUSING TO RENEW ANY LICENSE PURSUANT TO THIS SECTION, THE
 SUPERINTENDENT SHALL NOTIFY THE APPLICANT OF THE SUPERINTENDENT'S INTEN-
 TION SO TO DO AND SHALL GIVE SUCH APPLICANT A HEARING.
   (F)  THE  SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY BENEFIT MANAG-
 ER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR  ANY
 MEMBER,  PRINCIPAL,  OFFICER OR DIRECTOR OF THE APPLICANT, IS NOT TRUST-
 WORTHY AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY  BENEFIT
 MANAGER,  OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION OR
 SUSPENSION OF SUCH LICENSE, OR HAS FAILED TO COMPLY WITH  ANY  PREREQUI-
 SITE FOR THE ISSUANCE OF SUCH LICENSE.
   (G)  LICENSEES  UNDER  THIS SECTION SHALL BE SUBJECT TO EXAMINATION BY
 THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT EXPEDIENT.
 THE SUPERINTENDENT MAY PROMULGATE REGULATIONS ESTABLISHING  METHODS  AND
 PROCEDURES  FOR  FACILITATING AND VERIFYING COMPLIANCE WITH THE REQUIRE-
 MENTS OF THIS SECTION AND SUCH OTHER REGULATIONS AS NECESSARY.
   (H) THE  SUPERINTENDENT  MAY  ISSUE  A  REPLACEMENT  FOR  A  CURRENTLY
 IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
 LICENSE  SHALL  BE  ISSUED,  THERE SHALL BE ON FILE IN THE OFFICE OF THE
 SUPERINTENDENT  A  WRITTEN  APPLICATION  FOR  THE  REPLACEMENT  LICENSE,
 AFFIRMING  UNDER  PENALTY  OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN
 LOST OR DESTROYED, TOGETHER WITH A FEE OF ONE HUNDRED DOLLARS.
   § 2907. REVOCATION OR SUSPENSION OF A REGISTRATION  OR  LICENSE  OF  A
 PHARMACY  BENEFIT MANAGER.   (A) THE SUPERINTENDENT MAY REFUSE TO RENEW,
 REVOKE, OR MAY SUSPEND FOR A PERIOD THE  SUPERINTENDENT  DETERMINES  THE
 REGISTRATION OR LICENSE OF ANY PHARMACY BENEFIT MANAGER IF, AFTER NOTICE
 AND HEARING, THE SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR LICEN-
 SEE  OR  ANY MEMBER, PRINCIPAL, OFFICER, DIRECTOR, OR CONTROLLING PERSON
 OF THE REGISTRANT OR LICENSEE, HAS:
   (1) VIOLATED ANY INSURANCE LAWS, OR VIOLATED ANY REGULATION,  SUBPOENA
 OR  ORDER  OF THE SUPERINTENDENT OR OF ANOTHER STATE'S INSURANCE COMMIS-
 SIONER, OR HAS VIOLATED ANY LAW IN THE COURSE OF HIS OR HER DEALINGS  IN
 SUCH CAPACITY;
   (2)  PROVIDED  MATERIALLY INCORRECT, MATERIALLY MISLEADING, MATERIALLY
 INCOMPLETE OR MATERIALLY  UNTRUE  INFORMATION  IN  THE  REGISTRATION  OR
 LICENSE APPLICATION;
   (3)  OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE THROUGH
 MISREPRESENTATION OR FRAUD;
   (4)(A) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
   (B) DEMONSTRATED INCOMPETENCE;
   (C) DEMONSTRATED UNTRUSTWORTHINESS; OR
   (D) DEMONSTRATED FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSINESS
 IN THIS STATE OR ELSEWHERE;
   (5) IMPROPERLY WITHHELD, MISAPPROPRIATED OR CONVERTED  ANY  MONIES  OR
 PROPERTIES  RECEIVED  IN  THE  COURSE OF BUSINESS IN THIS STATE OR ELSE-
 WHERE;
   (6) INTENTIONALLY MISREPRESENTED THE TERMS OF AN  ACTUAL  OR  PROPOSED
 INSURANCE CONTRACT;
   (7) HAS BEEN CONVICTED OF A FELONY;
   (8)  ADMITTED  OR  BEEN  FOUND  TO HAVE COMMITTED ANY INSURANCE UNFAIR
 TRADE PRACTICE OR FRAUD;
   (9) HAD A PHARMACY BENEFIT MANAGER REGISTRATION  OR  LICENSE,  OR  ITS
 EQUIVALENT,  DENIED,  SUSPENDED OR REVOKED IN ANY OTHER STATE, PROVINCE,
 DISTRICT OR TERRITORY;

 S. 2007                            47                            A. 3007

   (10) FAILED TO PAY STATE INCOME TAX OR COMPLY WITH ANY  ADMINISTRATIVE
 OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX; OR
   (11)  CEASED  TO  MEET  THE REQUIREMENTS FOR REGISTRATION OR LICENSURE
 UNDER THIS ARTICLE.
   (B) BEFORE REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE  OF  ANY
 PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
 SUPERINTENDENT  SHALL  GIVE  NOTICE TO THE REGISTRANT OR LICENSEE AND TO
 EVERY SUB-LICENSEE AND SHALL HOLD, OR CAUSE TO BE HELD,  A  HEARING  NOT
 LESS THAN TEN DAYS AFTER THE GIVING OF SUCH NOTICE.
   (C)  IF  A  REGISTRATION OR LICENSE PURSUANT TO THE PROVISIONS OF THIS
 ARTICLE IS REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN  THE  SUPER-
 INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
   (D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
 ANT  TO  THE  PROVISIONS  OF THIS ARTICLE SHALL TERMINATE FORTHWITH SUCH
 REGISTRATION OR LICENSE AND THE AUTHORITY  CONFERRED  THEREBY  UPON  ALL
 SUB-LICENSEES.
   (E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
 TION  OR LICENSE AS A PHARMACY BENEFIT MANAGER SUBJECT TO SUBSECTION (A)
 OF THIS SECTION HAS BEEN REVOKED, AND NO FIRM OR  ASSOCIATION  OF  WHICH
 SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
 IS  AN  OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF THE REGISTRANT
 OR LICENSEE SHALL BE ENTITLED TO  OBTAIN  ANY  REGISTRATION  OR  LICENSE
 UNDER THE PROVISIONS OF THIS CHAPTER FOR A PERIOD OF ONE YEAR AFTER SUCH
 REVOCATION,  OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED, FOR ONE YEAR
 AFTER THE FINAL DETERMINATION THEREOF AFFIRMING THE ACTION OF THE SUPER-
 INTENDENT IN REVOKING SUCH LICENSE.
   (2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
 CORPORATION BE REVOKED, NO MEMBER OF SUCH FIRM  OR  ASSOCIATION  AND  NO
 OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
 REGISTRANT  OR  LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR
 LICENSE, OR TO BE NAMED AS A SUB-LICENSEE IN  ANY  SUCH  LICENSE,  UNDER
 THIS  CHAPTER  FOR  THE  SAME  PERIOD OF TIME, UNLESS THE SUPERINTENDENT
 DETERMINES, AFTER NOTICE AND  HEARING,  THAT  SUCH  MEMBER,  OFFICER  OR
 DIRECTOR  WAS  NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT OF WHICH
 SUCH REGISTRATION OR LICENSE WAS REVOKED.
   (F) IF ANY REGISTERED OR LICENSED  PHARMACY  BENEFIT  MANAGER  OR  ANY
 PERSON AGGRIEVED SHALL FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT
 SETTING FORTH FACTS TENDING TO SHOW SUFFICIENT GROUND FOR THE REVOCATION
 OR SUSPENSION OF ANY PHARMACY BENEFIT MANAGER'S REGISTRATION OR LICENSE,
 THEN  THE  SUPERINTENDENT  SHALL,  AFTER NOTICE AND A HEARING, DETERMINE
 WHETHER SUCH REGISTRATION OR LICENSE SHALL BE SUSPENDED OR REVOKED.
   (G) THE SUPERINTENDENT SHALL  RETAIN  THE  AUTHORITY  TO  ENFORCE  THE
 PROVISIONS  OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS CHAP-
 TER AGAINST ANY PERSON OR ENTITY  WHO  IS  UNDER  INVESTIGATION  FOR  OR
 CHARGED  WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR ENTI-
 TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
 LAPSED BY OPERATION OF LAW.
   (H) A REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL  REPORT  TO
 THE  SUPERINTENDENT  ANY  ADMINISTRATIVE ACTION TAKEN AGAINST THE REGIS-
 TRANT OR LICENSEE IN ANOTHER JURISDICTION  OR  BY  ANOTHER  GOVERNMENTAL
 AGENCY  IN THIS STATE WITHIN THIRTY DAYS OF THE FINAL DISPOSITION OF THE
 MATTER.  THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER
 OR OTHER RELEVANT LEGAL DOCUMENTS.
   (I) WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A  REGIS-
 TRANT  OR  LICENSEE  SUBJECT  TO THIS ARTICLE SHALL REPORT TO THE SUPER-
 INTENDENT ANY CRIMINAL PROSECUTION OF THE REGISTRANT OR  LICENSEE  TAKEN

 S. 2007                            48                            A. 3007
 
 IN  ANY  JURISDICTION.  THE  REPORT  SHALL INCLUDE A COPY OF THE INITIAL
 COMPLAINT FILED, THE ORDER RESULTING FROM  THE  HEARING  AND  ANY  OTHER
 RELEVANT LEGAL DOCUMENTS.
   §  2908. PENALTIES FOR VIOLATIONS.  (A) THE SUPERINTENDENT, IN LIEU OF
 REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF  A  REGISTRANT  OR
 LICENSEE  IN  ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, MAY IN ANY
 ONE PROCEEDING BY ORDER, REQUIRE THE REGISTRANT OR LICENSEE  TO  PAY  TO
 THE  PEOPLE  OF  THIS STATE A PENALTY IN A SUM NOT EXCEEDING THE GREATER
 OF: (1) ONE THOUSAND DOLLARS FOR EACH OFFENSE, NOT EXCEEDING TWENTY-FIVE
 HUNDRED DOLLARS IN THE AGGREGATE FOR ALL OFFENSES; OR (2) THE  AGGREGATE
 GROSS RECEIPTS ATTRIBUTABLE TO ALL OFFENSES.
   (B)  UPON  THE  FAILURE  OF  SUCH  A REGISTRANT OR LICENSEE TO PAY THE
 PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
 DAYS AFTER THE MAILING OF THE ORDER, POSTAGE  PREPAID,  REGISTERED,  AND
 ADDRESSED  TO  THE  LAST KNOWN PLACE OF BUSINESS OF THE LICENSEE, UNLESS
 THE ORDER IS STAYED BY AN ORDER OF A COURT  OF  COMPETENT  JURISDICTION,
 THE  SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE REGIS-
 TRANT OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE  SUPER-
 INTENDENT DETERMINES.
   §  2909.  STAY  OR  SUSPENSION OF SUPERINTENDENT'S DETERMINATION.  THE
 COMMENCEMENT OF A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE  LAW  AND  RULES, TO REVIEW THE ACTION OF THE SUPERINTENDENT IN
 SUSPENDING OR REVOKING OR REFUSING TO RENEW ANY CERTIFICATE  UNDER  THIS
 ARTICLE,  SHALL  STAY  SUCH ACTION OF THE SUPERINTENDENT FOR A PERIOD OF
 THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD  UNLESS
 THE  COURT  SHALL  DETERMINE,  AFTER  A PRELIMINARY HEARING OF WHICH THE
 SUPERINTENDENT IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY  OF
 THE  SUPERINTENDENT'S ACTION, PENDING THE FINAL DETERMINATION OR FURTHER
 ORDER OF THE COURT, WILL NOT UNDULY INJURE THE INTERESTS OF  THE  PEOPLE
 OF THE STATE.
   §  2910.  REVOKED REGISTRATIONS.  (A)(1) NO PERSON, FIRM, ASSOCIATION,
 CORPORATION OR OTHER ENTITY SUBJECT TO THE PROVISIONS  OF  THIS  ARTICLE
 WHOSE  REGISTRATION  OR  LICENSE UNDER THIS ARTICLE HAS BEEN REVOKED, OR
 WHOSE REGISTRATION OR LICENSE TO ENGAGE  IN  THE  BUSINESS  OF  PHARMACY
 BENEFIT  MANAGEMENT  IN ANY CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE
 OR TERRITORY OF THE UNITED STATES, SHALL BECOME EMPLOYED OR APPOINTED BY
 A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAGER, CONTROLLING
 PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR WRITTEN APPROVAL OF  THE
 SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE OR ARE CLERICAL
 OR MINISTERIAL IN NATURE.
   (2)  NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
 TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT  ANY
 PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
 HAS  BEEN  REVOKED,  OR  WHOSE  REGISTRATION OR LICENSE TO ENGAGE IN THE
 BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
 BY ANY OTHER STATE OR TERRITORY OF THE UNITED  STATES,  AS  AN  OFFICER,
 DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
 PRIOR  WRITTEN  APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
 FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
   (3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE  PROVISIONS  OF  THIS
 ARTICLE  SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
 ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED,  OR  WHOSE  REGISTRATION  OR
 LICENSE  TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
 CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
 STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH  CORPORATION  OR
 PARTNERSHIP,  NOR  SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER

 S. 2007                            49                            A. 3007
 
 IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR  WRITTEN  APPROVAL
 OF THE SUPERINTENDENT.
   (B)  THE  SUPERINTENDENT  MAY  APPROVE  THE EMPLOYMENT, APPOINTMENT OR
 PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS  BEEN
 REVOKED:
   (1)  IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
 ITIES OF SUCH PERSON ARE SUBJECT TO  APPROPRIATE  SUPERVISION  AND  THAT
 SUCH  DUTIES  AND  RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
 THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR  LICEN-
 SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
   (2)  IF  SUCH  PERSON  HAS  FILED AN APPLICATION FOR REREGISTRATION OR
 RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
 TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN  ONE  HUNDRED
 TWENTY  DAYS  FOLLOWING  THE  FILING  THEREOF, UNLESS THE SUPERINTENDENT
 DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT  OF  SUCH
 PERSON  BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
 MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
   (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
 SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS  ARTI-
 CLE  IF  THE  SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
 THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL  SECURITIES
 EXCHANGE.
   §  2911. CHANGE OF ADDRESS.  A REGISTRANT OR LICENSEE UNDER THIS ARTI-
 CLE SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE  SUPER-
 INTENDENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
   §  2912. ASSESSMENT.   PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
 TION WITH THE DEPARTMENT OR ARE LICENSED  BY  THE  DEPARTMENT  SHALL  BE
 ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
 MENT  THAT  ARE  SOLELY ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT
 MANAGERS IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM  JUST  AND
 REASONABLE.
   §  2913. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
 CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING  WITH  THE
 PROVISIONS  OF  ARTICLES  TWENTY-ONE  AND FORTY-NINE OF THIS CHAPTER AND
 ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW OR ANY  OTHER  PROVISION  OF
 THIS CHAPTER OR THE FINANCIAL SERVICES LAW.
   §  2.  Subsection (b) of section 2402 of the insurance law, as amended
 by section 71 of part A of chapter 62 of the laws of 2011, is amended to
 read as follows:
   (b) "Defined violation" means the commission by a  person  of  an  act
 prohibited  by:  subsection (a) of section one thousand one hundred two,
 section one thousand two hundred  fourteen,  one  thousand  two  hundred
 seventeen,  one  thousand two hundred twenty, one thousand three hundred
 thirteen, subparagraph (B) of paragraph two of subsection (i) of section
 one thousand three hundred twenty-two, subparagraph (B) of paragraph two
 of subsection (i) of section one thousand three hundred twenty-four, two
 thousand one hundred two, two thousand one hundred seventeen, two  thou-
 sand  one  hundred  twenty-two,  two  thousand one hundred twenty-three,
 subsection (p) of section two thousand three hundred  thirteen,  section
 two  thousand  three hundred twenty-four, two thousand five hundred two,
 two thousand five hundred three, two thousand  five  hundred  four,  two
 thousand six hundred one, two thousand six hundred two, two thousand six
 hundred  three,  two thousand six hundred four, two thousand six hundred
 six, two thousand seven hundred three, TWO THOUSAND  NINE  HUNDRED  TWO,
 TWO  THOUSAND  NINE HUNDRED FIVE, three thousand one hundred nine, three
 thousand two hundred twenty-four-a, three thousand four hundred  twenty-

 S. 2007                            50                            A. 3007
 
 nine,  three  thousand  four  hundred  thirty-three,  paragraph seven of
 subsection (e) of section three thousand four hundred  twenty-six,  four
 thousand two hundred twenty-four, four thousand two hundred twenty-five,
 four thousand two hundred twenty-six, seven thousand eight hundred nine,
 seven  thousand  eight hundred ten, seven thousand eight hundred eleven,
 seven thousand eight hundred  thirteen,  seven  thousand  eight  hundred
 fourteen  and  seven  thousand eight hundred fifteen of this chapter; or
 section 135.60, 135.65,  175.05,  175.45,  or  190.20,  or  article  one
 hundred five of the penal law.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly,  the  superintendent  of  financial  services  may repeal, amend, or
 promulgate any rules and regulations necessary for the implementation of
 the provisions of this act on its effective date.
 
                                  PART K

   Section 1. The public health law is amended by adding  a  new  section
 2825-e to read as follows:
   §  2825-E.  HEALTH CARE FACILITY TRANSFORMATION PROGRAM: STATEWIDE II.
 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 CREATE FINANCIALLY SUSTAINABLE SYSTEMS OF CARE OR
 PRESERVE  OR  EXPAND ESSENTIAL HEALTH CARE SERVICES. 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 CAPITAL GRANTS TO GENERAL
 HOSPITALS, RESIDENTIAL HEALTH CARE FACILITIES, DIAGNOSTIC AND  TREATMENT
 CENTERS  AND  CLINICS  LICENSED  PURSUANT  TO THIS CHAPTER OR THE MENTAL
 HYGIENE LAW, AND COMMUNITY-BASED HEALTH CARE  PROVIDERS  AS  DEFINED  IN
 SUBDIVISION THREE OF THIS SECTION FOR WORKS OR PURPOSES THAT SUPPORT 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  APPLICATIONS  FOR  FUNDING  UNDER  THIS
 PROGRAM.    PRIORITY SHALL BE GIVEN TO PROJECTS NOT FUNDED UNDER SECTION
 TWENTY-EIGHT HUNDRED TWENTY-FIVE-D OF THIS ARTICLE. PROJECTS AWARDED, IN
 WHOLE OR PART, UNDER SECTIONS  TWENTY-EIGHT  HUNDRED  TWENTY-FIVE-A  AND

 S. 2007                            51                            A. 3007
 
 TWENTY-EIGHT 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
 FIVE  HUNDRED MILLION DOLLARS OF THE FUNDS APPROPRIATED FOR THIS PROGRAM
 SHALL BE AWARDED WITHOUT A COMPETITIVE BID OR REQUEST FOR PROPOSAL PROC-
 ESS FOR  GRANTS  TO  HEALTH  CARE  PROVIDERS  (HEREAFTER  "APPLICANTS").
 PROVIDED,  HOWEVER,  THAT  A  MINIMUM OF THIRTY 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 CERTIFICATE UNDER THIS
 ARTICLE; A MENTAL HEALTH CLINIC LICENSED OR GRANTED AN OPERATING CERTIF-
 ICATE UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; AN ALCOHOL AND
 SUBSTANCE ABUSE  TREATMENT  CLINIC  LICENSED  OR  GRANTED  AN  OPERATING
 CERTIFICATE UNDER ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW; A PRIMA-
 RY  CARE PROVIDER OR A HOME CARE PROVIDER CERTIFIED OR LICENSED PURSUANT
 TO ARTICLE THIRTY-SIX OF THIS  CHAPTER.  ELIGIBLE  APPLICANTS  SHALL  BE
 THOSE  DEEMED BY THE COMMISSIONER TO BE A PROVIDER THAT FULFILLS OR WILL
 FULFILL A HEALTH CARE NEED FOR  ACUTE  INPATIENT,  OUTPATIENT,  PRIMARY,
 HOME CARE OR RESIDENTIAL HEALTH CARE SERVICES IN A COMMUNITY.
   4. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION OR ANY INCONSISTENT
 PROVISION  OF  LAW TO THE CONTRARY, AND UPON APPROVAL OF THE DIRECTOR OF
 THE BUDGET, THE COMMISSIONER MAY AWARD ALL OR A  PORTION  OF  THE  FUNDS
 MADE  AVAILABLE  PURSUANT  TO THIS SECTION FOR UNFUNDED PROJECT APPLICA-
 TIONS SUBMITTED IN RESPONSE  TO  THE  REQUEST  FOR  APPLICATIONS  NUMBER
 1607010255  ISSUED  BY  THE  DEPARTMENT  ON JULY TWENTIETH, TWO THOUSAND
 SIXTEEN PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWENTY-FIVE-D  OF  THIS
 ARTICLE,  PROVIDED  HOWEVER  THAT THE PROVISIONS OF SUBDIVISION THREE OF
 THIS SECTION SHALL APPLY. THE COMMISSIONER SHALL NOTIFY THE CHAIR OF THE
 SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY  WAYS  AND  MEANS
 COMMITTEE  NO LATER THAN THIRTY DAYS PRIOR TO AWARDING FUNDS PURSUANT TO
 THIS SUBDIVISION.
   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) CONSIDERATION OF 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 THAT 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
   (I)  THE EXTENT TO WHICH THE PROPOSED PROJECT ADDRESSES POTENTIAL RISK
 TO PATIENT SAFETY AND WELFARE.

 S. 2007                            52                            A. 3007
 
   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 HEALTH
 AND ASSEMBLY HEALTH COMMITTEES. 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 FIVE 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, 2017.
 
                                  PART L
 
   Section  1.  The  public health law is amended by adding a new article
 29-H to read as follows:
                               ARTICLE 29-H
                   HEALTH CARE REGULATION MODERNIZATION
 SECTION 2999-EE. HEALTH CARE REGULATION MODERNIZATION TEAM.
   § 2999-EE. HEALTH CARE REGULATION MODERNIZATION TEAM. 1. A HEALTH CARE
 REGULATION MODERNIZATION TEAM IS HEREBY CREATED  WITHIN  THE  DEPARTMENT
 FOR  THE  PURPOSE OF PROVIDING GUIDANCE FOR, AND ADVICE TO, THE GOVERNOR
 TOWARD A FUNDAMENTAL RESTRUCTURING OF THE STATUTES, POLICIES  AND  REGU-
 LATIONS  THAT  GOVERN THE LICENSURE AND OVERSIGHT OF HEALTH CARE FACILI-
 TIES AND HOME CARE TO BETTER ALIGN WITH RECENT AND  ONGOING  CHANGES  IN
 THE  HEALTH  CARE DELIVERY SYSTEM THAT ARE DESIGNED TO INCREASE QUALITY,
 REDUCE COSTS AND IMPROVE HEALTH OUTCOMES.
   2. DEFINITIONS. FOR THE PURPOSE OF THIS ARTICLE,  UNLESS  THE  CONTEXT
 CLEARLY REQUIRES OTHERWISE:
   (A)  "STATE  AGENCY"  OR "AGENCY" SHALL MEAN ANY STATE AGENCY, DEPART-
 MENT, OFFICE, BOARD, BUREAU, DIVISION, COMMITTEE, COUNCIL OR OFFICE.
   (B) "PUBLIC AUTHORITY" OR "AUTHORITY" SHALL MEAN A PUBLIC AUTHORITY OR
 PUBLIC BENEFIT CORPORATION CREATED BY OR EXISTING  UNDER  ANY  NEW  YORK
 STATE LAW, WITH ONE OR MORE OF ITS MEMBERS APPOINTED BY THE GOVERNOR, OR
 WHO  SERVE  AS  MEMBERS  BY VIRTUE OF HOLDING A CIVIL OFFICE OF NEW YORK
 STATE, OTHER THAN AN INTERSTATE OR  INTERNATIONAL  AUTHORITY  OR  PUBLIC
 BENEFIT  CORPORATION,  AND  INCLUDING  ANY  SUBSIDIARIES  OF SUCH PUBLIC
 AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   (C) "STATE OFFICER OR  EMPLOYEE"  SHALL  HAVE  THE  MEANING  GIVEN  IN
 SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS LAW.
   (D) "PUBLIC HEALTH AND HEALTH PLANNING COUNCIL" SHALL HAVE THE MEANING
 GIVEN IN SECTION TWO HUNDRED TWENTY OF THIS CHAPTER.
   3.  (A) THE GOVERNOR SHALL APPOINT UP TO TWENTY-FIVE VOTING MEMBERS OF
 THE HEALTH CARE REGULATION MODERNIZATION TEAM. THE MEMBERS OF THE HEALTH
 CARE REGULATION MODERNIZATION TEAM  SHALL  INCLUDE:  STATE  OFFICERS  OR
 EMPLOYEES  WITH RELEVANT EXPERTISE; THE CHAIR AND CO-CHAIR OF THE PUBLIC
 HEALTH AND HEALTH PLANNING COUNCIL; TWO MEMBERS OF THE  NEW  YORK  STATE
 ASSEMBLY,  ONE RECOMMENDED BY THE SPEAKER OF THE ASSEMBLY AND ONE RECOM-
 MENDED BY THE MINORITY LEADER OF THE ASSEMBLY, OR THEIR REPRESENTATIVES;
 TWO MEMBERS OF THE NEW YORK STATE SENATE, ONE RECOMMENDED BY THE  TEMPO-

 S. 2007                            53                            A. 3007
 
 RARY  PRESIDENT OF THE SENATE AND ONE RECOMMENDED BY THE MINORITY LEADER
 OF THE SENATE, OR THEIR REPRESENTATIVES; AND STAKEHOLDERS WITH EXPERTISE
 IN AREAS, INCLUDING BUT NOT LIMITED TO: INPATIENT AND OUTPATIENT  HEALTH
 CARE DELIVERY; BEHAVIORAL HEALTH CARE DELIVERY; HOME HEALTH CARE; COMMU-
 NITY  BASED ORGANIZATIONS; HEALTH CARE INSURANCE; HEALTH CARE WORKFORCE;
 HEALTH CARE FACILITY DESIGN AND CONSTRUCTION; CONSUMER RIGHTS; AND OTHER
 RELEVANT AREAS.
   (B) VACANCIES SHALL BE FILLED BY THE GOVERNOR, AND  THE  GOVERNOR  MAY
 APPOINT  ADDITIONAL  VOTING  AND  NON-VOTING  MEMBERS TO THE HEALTH CARE
 REGULATION MODERNIZATION TEAM AS NECESSARY.
   (C) MEMBERS OF THE TEAM SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
   (D) THE GOVERNOR SHALL DESIGNATE A CHAIR OR CO-CHAIRS FROM  AMONG  THE
 MEMBERS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM.
   (E)  THE GOVERNOR SHALL APPOINT A STATE OFFICER OR EMPLOYEE WITH RELE-
 VANT EXPERIENCE AS EXECUTIVE DIRECTOR  OF  THE  HEALTH  CARE  REGULATION
 MODERNIZATION TEAM.
   (F)  A  MAJORITY  OF  THE  TOTAL MEMBERS OF THE HEALTH CARE REGULATION
 MODERNIZATION TEAM WHO HAVE BEEN APPOINTED SHALL  CONSTITUTE  A  QUORUM,
 AND ALL RECOMMENDATIONS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM
 SHALL REQUIRE APPROVAL OF A MAJORITY OF ITS TOTAL MEMBERS.
   (G)  THE  HEALTH  CARE  REGULATION MODERNIZATION TEAM SHALL ATTEMPT TO
 ENGAGE AND SOLICIT THE INPUT OF A BROAD AND  DIVERSE  RANGE  OF  GROUPS,
 ORGANIZATIONS AND INDIVIDUALS.
   4.  EVERY  AGENCY  OR  AUTHORITY  OF  NEW YORK STATE SHALL PROVIDE THE
 HEALTH CARE REGULATION MODERNIZATION TEAM WITH  ASSISTANCE  AND  COOPER-
 ATION  WHICH  MAY  BE  NECESSARY OR DESIRABLE TO FULFILL THE PURPOSES OF
 THIS ARTICLE, INCLUDING THE USE OF  NEW  YORK  STATE  FACILITIES.  STAFF
 SUPPORT NECESSARY FOR THE CONDUCT OF THE WORK OF THE HEALTH CARE MODERN-
 IZATION  TEAM  MAY  BE FURNISHED BY AGENCIES AND AUTHORITIES, SUBJECT TO
 THE APPROVAL OF THE BOARDS OF DIRECTORS OF SUCH AUTHORITIES.
   5. THE HEALTH CARE REGULATION MODERNIZATION TEAM SHALL DELIBERATE  AND
 ENGAGE HEALTH CARE INDUSTRY STAKEHOLDERS FOR THE PURPOSE OF CONDUCTING A
 COMPREHENSIVE  REVIEW  OF  AND MAKING RECOMMENDATIONS TO ADDRESS MATTERS
 THAT MAY INCLUDE, BUT ARE NOT LIMITED TO:
   (A) STREAMLINING STATE AGENCY CERTIFICATE OF NEED AND OTHER  LICENSURE
 OR  CONSTRUCTION APPROVAL PROCESSES TO SUPPORT SYSTEM-LEVEL PLANNING AND
 RESTRUCTURING  ACTIVITIES,  INCLUDING  REVIEWING  THE  APPLICABILITY  OF
 CURRENT  HEALTH  CARE  SERVICE  AND  FACILITY  NEED METHODOLOGIES IN THE
 CONTEXT OF ONGOING CHANGES IN THE HEALTH CARE SYSTEM DELIVERY SYSTEM;
   (B) IDENTIFYING, STREAMLINING, AND ALIGNING STATUTES, REGULATIONS  AND
 POLICES  WHERE  THERE  IS  DUPLICATION  AND INCONSISTENCY IN FEDERAL AND
 STATE STANDARDS FOR PHYSICAL ENVIRONMENT, QUALITY OF  CARE,  INFORMATION
 TECHNOLOGY, REPORTING, SURVEILLANCE, AND LICENSURE;
   (C)  CREATING  MORE  FLEXIBLE RULES ON LICENSING AND SCOPE OF PRACTICE
 FOR CLINICIANS AND CAREGIVERS, WHICH  SHALL  BE  CONSIDERED  IN  COLLAB-
 ORATION  WITH  THE  WORKFORCE  WORKGROUP  CONVENED  BY THE DEPARTMENT IN
 RELATION TO THE STATE HEALTH INNOVATION PLAN  AND  THE  DELIVERY  SYSTEM
 REFORM INCENTIVE PAYMENT PROGRAM;
   (D) STREAMLINING AND SIMPLIFYING THE PROVISION OF PRIMARY CARE, MENTAL
 HEALTH  AND  SUBSTANCE  USE  DISORDER  SERVICES  IN AN INTEGRATED CLINIC
 SETTING;
   (E) INTEGRATING, STANDARDIZING AND  INCREASING  FLEXIBILITY  OF  STATE
 AGENCY REGULATIONS GOVERNING THE DELIVERY OF AND REIMBURSEMENT FOR TELE-
 HEALTH PROGRAMS;
   (F) ALLOWING MORE FLEXIBLE USE OF OBSERVATION BEDS, AMBULATORY SURGERY
 CENTERS,  DIAGNOSTIC  AND  TREATMENT  CENTERS,  NURSING  HOMES, ASSISTED

 S. 2007                            54                            A. 3007
 
 LIVING, HOME HEALTH CARE, OFF CAMPUS  EMERGENCY  DEPARTMENTS,  COMMUNITY
 PARAMEDICINE AND OTHER MODELS OF DELIVERING HEALTH CARE SERVICES;
   (G)  MODERNIZING  THE LICENSING AND REGULATION OF SERVICES PROVIDED IN
 THE HOME, INCLUDING HOME CARE, CARE MANAGEMENT  AND  OTHER  SERVICES  TO
 BETTER SUPPORT THE ADOPTION OF NEW MODELS OF CARE;
   (H)  ALIGNING  CARE  MODELS  AROUND  HOME AND COMMUNITY BASED SERVICES
 CONSISTENT WITH THE REPORT ISSUED BY THE OLMSTEAD DEVELOPMENT AND IMPLE-
 MENTATION CABINET;
   (I) EXPLORING CIRCUMSTANCES WHERE  STATEWIDE  REGULATORY  REQUIREMENTS
 MAY  NOT  BE  APPROPRIATE  FOR  REGIONS  OR COMMUNITIES CHARACTERIZED BY
 ISOLATION, POVERTY, OR OTHER FACTORS IMPACTING ACCESS;
   (J) CALIBRATING FACILITY AND HOME CARE INSPECTIONS AND  THE  SCOPE  OF
 CERTIFICATE OF NEED REVIEWS BASED ON PROVIDER PERFORMANCE ON QUALITY AND
 OTHER OUTCOME METRICS;
   (K)  INCREASING  THE  OPPORTUNITIES  FOR PUBLIC NOTIFICATION, CONSUMER
 EDUCATION AND COMMUNITY  ENGAGEMENT  PRIOR  TO  MAJOR  COMMUNITY  HEALTH
 SYSTEM CHANGES;
   (L)  EVALUATING  WHERE  CHANGES  IN STATUTE, REGULATION AND POLICY CAN
 SUPPORT TIMELY AND EFFECTIVE EMERGENCY MEDICAL SERVICES AND PRE-HOSPITAL
 CARE THROUGHOUT THE STATE; AND
   (M) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE PERMANENT CHANG-
 ES IN STATUTE OR REGULATION MAY NOT YET BE APPROPRIATE, AUTHORIZING  THE
 COMMISSIONER, THE COMMISSIONER OF MENTAL HEALTH, AND THE COMMISSIONER OF
 THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES TO IMPLEMENT TIME-
 LIMITED  DEMONSTRATION  PROGRAMS TO TEST AND EVALUATE NEW AND INNOVATIVE
 PROCEDURES AND PROCESSES FOR ORGANIZING, FINANCING AND DELIVERING HEALTH
 CARE SERVICES THAT ARE NOT PERMISSIBLE UNDER CURRENT  STATUTE  OR  REGU-
 LATION, PROVIDED THAT NO SUCH DEMONSTRATION PROGRAM SHALL BE IMPLEMENTED
 WITHOUT PRIOR PUBLIC NOTICE AND A THIRTY DAY PERIOD OF COMMENT.
   6.  AT THE DIRECTION OF THE HEALTH CARE REGULATION MODERNIZATION TEAM,
 THE EXECUTIVE DIRECTOR SHALL NOTIFY STAKEHOLDERS OF THE PURPOSES OF  THE
 HEALTH  CARE REGULATION MODERNIZATION TEAM, THE OPPORTUNITIES FOR STAKE-
 HOLDER PARTICIPATION AND THE MEANS AND SCHEDULE FOR SUCH  PARTICIPATION.
 MEETINGS  WITH  STAKEHOLDERS  SHALL  BE  HELD  IN VARIOUS REGIONS OF THE
 STATE. PARTICIPATING STAKEHOLDERS MAY BE ASSIGNED  TO  SPECIFIC  WORKING
 GROUPS, CONSISTENT WITH THEIR AREAS OF EXPERTISE AND INTEREST.
   7.  THE  HEALTH  CARE REGULATION MODERNIZATION TEAM SHALL COMMENCE ITS
 WORK NO LATER THAN JULY FIRST, TWO THOUSAND SEVENTEEN AND SHALL SUBMIT A
 REPORT TO THE GOVERNOR OF ITS FINDINGS AND RECOMMENDATIONS NO LATER THAN
 DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN. A  COPY  OF  SUCH  REPORT
 SHALL  BE  PROVIDED  TO THE CHAIR OF THE SENATE HEALTH COMMITTEE AND THE
 CHAIR OF THE ASSEMBLY HEALTH COMMITTEE.
   8. NO LATER THAN JANUARY  THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN,  THE
 COMMISSIONER  SHALL  RECOMMEND  TO  THE GOVERNOR WHETHER THE HEALTH CARE
 REGULATION MODERNIZATION TEAM SHOULD CONTINUE OR  TERMINATE  ITS  DUTIES
 AND RESPONSIBILITIES PURSUANT TO THIS ARTICLE.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART M
 
   Section 1. This act shall be known and may be cited as  the  "Emerging
 Contaminant Monitoring Act."
   §  2. The public health law is amended by adding a new section 1112 to
 read as follows:

 S. 2007                            55                            A. 3007

   § 1112. EMERGING CONTAMINANT MONITORING. 1. INDUSTRY AND MODERN  TECH-
 NOLOGY  HAVE CREATED THOUSANDS OF NEW CHEMICALS THAT WOULD NOT OTHERWISE
 EXIST IN NATURE. ALTHOUGH SOME OF THESE CHEMICALS HAVE PROVEN  BENEFITS,
 THE  EFFECT  OF  MANY  SUCH  CHEMICALS ON HUMAN HEALTH IS UNKNOWN OR NOT
 FULLY UNDERSTOOD. FURTHERMORE, WITH THE ADVANCE OF SCIENCE AND TECHNOLO-
 GY,  PUBLIC HEALTH SCIENTISTS AND EXPERTS ARE ABLE TO IDENTIFY NATURALLY
 OCCURRING CONTAMINANTS THAT POSE PREVIOUSLY  UNKNOWN  HAZARDS  TO  HUMAN
 HEALTH.  WHERE THESE CHEMICALS OR CONTAMINANTS, COLLECTIVELY REFERRED TO
 AS "EMERGING CONTAMINANTS," ENTER  DRINKING  WATER  SUPPLIES,  THEY  CAN
 PRESENT  UNKNOWN  BUT  POTENTIALLY  SERIOUS RISKS TO PUBLIC HEALTH.  NEW
 YORKERS SERVED BY PUBLIC WATER SUPPLIES HAVE  THE  RIGHT  TO  KNOW  WHEN
 POTENTIALLY  HAZARDOUS  SUBSTANCES  CONTAMINATE THEIR DRINKING WATER AND
 THE DEPARTMENT MUST BE EQUIPPED TO MONITOR AND PROTECT THE  PUBLIC  FROM
 THESE EMERGING CONTAMINANTS.
   2.  A.  "EMERGING  CONTAMINANTS"  SHALL  MEAN  ANY PHYSICAL, CHEMICAL,
 MICROBIOLOGICAL OR RADIOLOGICAL SUBSTANCE LISTED AS AN EMERGING  CONTAM-
 INANT PURSUANT TO  SUBDIVISION THREE OF THIS SECTION.
   B.  "NOTIFICATION  LEVEL" MEANS THE CONCENTRATION LEVEL OF AN EMERGING
 CONTAMINANT IN DRINKING WATER  THAT  THE  COMMISSIONER  HAS  DETERMINED,
 BASED  ON AVAILABLE SCIENTIFIC INFORMATION, WARRANTS PUBLIC NOTIFICATION
 PURSUANT TO THIS SECTION.
   C. "COVERED PUBLIC WATER SYSTEM" SHALL MEAN A  COMMUNITY  OR  NONTRAN-
 SIENT NONCOMMUNITY WATER SYSTEM, AS DEFINED IN THE STATE SANITARY CODE.
   3.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS THAT LIST SUBSTANCES
 IDENTIFIED AS EMERGING CONTAMINANTS THAT MEET THE FOLLOWING CRITERIA:
   A. ARE NOT SUBJECT TO  ANY  OTHER  SUBSTANCE-SPECIFIC  DRINKING  WATER
 REGULATION  OF  THE  DEPARTMENT  THAT  ESTABLISHES A MAXIMUM CONTAMINANT
 LEVEL OR OTHER THRESHOLD CONCENTRATION;
   B. ARE KNOWN OR ANTICIPATED TO OCCUR IN PUBLIC WATER SYSTEMS; AND
   C. BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL, CHEMICAL  OR
 INFECTIOUS  CHARACTERISTICS,  MAY  CAUSE  PHYSICAL INJURY OR ILLNESS, OR
 OTHERWISE POSE A POTENTIAL HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINK-
 ING WATER.
   4. EVERY COVERED PUBLIC WATER SYSTEM SHALL TEST DRINKING WATER FOR THE
 PRESENCE OF EMERGING CONTAMINANTS IN THE STATE AND UNREGULATED  CONTAMI-
 NENTS  MONITORED  UNDER  THE  FEDERAL SAFE DRINKING WATER ACT AS AMENDED
 FROM TIME TO TIME, AT LEAST ONCE EVERY THREE YEARS AS DETERMINED BY  THE
 DEPARTMENT.
   5.  EVERY  TEST  CONDUCTED  IN  ACCORDANCE  WITH THIS SECTION SHALL BE
 CONDUCTED BY A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT  PURSUANT  TO
 SECTION FIVE HUNDRED TWO OF THIS CHAPTER. LABORATORIES SHALL SUBMIT SUCH
 RESULTS TO THE DEPARTMENT ELECTRONICALLY IN THE MANNER PRESCRIBED PURSU-
 ANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
   6.  THE COMMISSIONER MAY PROMULGATE REGULATIONS ESTABLISHING NOTIFICA-
 TION LEVELS FOR ANY EMERGING CONTAMINANT LISTED PURSUANT TO  SUBDIVISION
 THREE OF THIS SECTION.
   7.  THE  COMMISSIONER MAY, BY DECLARATION, ADD ANY PHYSICAL, CHEMICAL,
 MICROBIOLOGICAL OR  RADIOLOGICAL  SUBSTANCE  TO  THE  LIST  OF  EMERGING
 CONTAMINANTS  ESTABLISHED PURSUANT TO SUBDIVISION THREE OF THIS SECTION,
 OR ESTABLISH A NOTIFICATION LEVEL FOR SUCH SUBSTANCE, IF THE COMMISSION-
 ER DETERMINES THAT SUCH SUBSTANCE POSES OR HAS THE POTENTIAL TO  POSE  A
 HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINKING WATER, PROVIDED THAT THE
 COMMISSIONER MUST PROMULGATE REGULATIONS ADDING THE NEW EMERGING CONTAM-
 INANT  OR  ESTABLISHING  SUCH NOTIFICATION LEVEL WITHIN ONE YEAR OF SUCH
 DECLARATION.

 S. 2007                            56                            A. 3007
 
   8. WHENEVER A COVERED PUBLIC WATER SYSTEM DETERMINES OR IS ADVISED  BY
 THE  STATE THAT ONE OR MORE EMERGING CONTAMINANTS IS PRESENT IN DRINKING
 WATER AT CONCENTRATIONS ABOVE A NOTIFICATION LEVEL ESTABLISHED  PURSUANT
 TO THIS SECTION:
   A.  THE  COVERED  PUBLIC  WATER  SYSTEM SHALL NOTIFY THE STATE AND ALL
 OWNERS OF REAL PROPERTY SERVED BY THE COVERED PUBLIC WATER SYSTEM  IN  A
 TIME AND MANNER TO BE PRESCRIBED BY THE DEPARTMENT; AND
   B.  THE  COMMISSIONER MAY REQUIRE THAT THE COVERED PUBLIC WATER SYSTEM
 TAKE SUCH ACTIONS AS MAY BE APPROPRIATE TO REDUCE EXPOSURE  TO  EMERGING
 CONTAMINANTS.
   9.  ANY OWNER OF REAL PROPERTY, INCLUDING ANY OWNER'S AGENT, TO WHOM A
 COVERED PUBLIC WATER SYSTEM HAS PROVIDED NOTIFICATION OF THE  EXCEEDANCE
 OF  A NOTIFICATION LEVEL ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS
 SECTION, SHALL TAKE ALL REASONABLE AND NECESSARY STEPS TO PROVIDE, WITH-
 IN TEN DAYS, ANY TENANTS WITH COPIES OF THE NOTIFICATION PROVIDED BY THE
 COVERED PUBLIC WATER SYSTEM.
   10. THE COMMISSIONER MAY PROMULGATE REGULATIONS PURSUANT TO WHICH  THE
 DEPARTMENT  MAY  PROVIDE  FINANCIAL  ASSISTANCE  FOR COMPLIANCE WITH THE
 TESTING REQUIREMENTS OF THIS SECTION, TO ANY COVERED PUBLIC WATER SYSTEM
 UPON A SHOWING THAT THE COSTS ASSOCIATED WITH TESTING DRINKING WATER  IN
 COMPLIANCE  WITH  THIS  SECTION  WOULD  IMPOSE AN UNREASONABLE FINANCIAL
 HARDSHIP.
   § 3. Section 502 of the public health law is amended by adding  a  new
 subdivision 10 to read as follows:
   10.  THE  DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY TO REPORT
 LABORATORY TEST RESULTS TO THE DEPARTMENT, OR  TO  ANY  FULL-TIME  CITY,
 COUNTY   OR  PART-COUNTY  HEALTH  DEPARTMENT  IN  AN  ELECTRONIC  MANNER
 PRESCRIBED BY THE DEPARTMENT.
   § 4. This act shall take effect immediately.
 
                                  PART N
 
   Section 1. This act shall be known and may be cited as  the  "residen-
 tial well testing act".
   §  2. The public health law is amended by adding a new section 1111 to
 read as follows:
   § 1111. TESTING OF INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS.  1. A.  THE
 COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING STANDARDS FOR THE
 TESTING  OF  NEW  OR EXISTING INDIVIDUAL ONSITE WATER SUPPLY SYSTEMS FOR
 CHARACTERISTICS AND CONTAMINANTS, INCLUDING LISTING THE  CHARACTERISTICS
 AND CONTAMINANTS THAT EACH INDIVIDUAL ONSITE WATER SUPPLY SHALL BE TEST-
 ED  FOR.  SUCH REGULATIONS MAY REQUIRE ADDITIONAL TESTING, LIMIT TESTING
 OR EXCLUDE FROM TESTING A CHARACTERISTIC OR  CONTAMINANT  ON  A  COUNTY,
 REGIONAL OR LOCAL BASIS IF THE COMMISSIONER DETERMINES THAT SUCH CHARAC-
 TERISTIC OR CONTAMINANT IS SIGNIFICANT OR NOT SIGNIFICANT IN THAT AREA.
   B.  THE  COMMISSIONER  MAY,  BY DECLARATION, ADD ANY CHARACTERISTIC OR
 CONTAMINANT TO THE LIST PROMULGATED PURSUANT  TO  PARAGRAPH  A  OF  THIS
 SUBDIVISION, PROVIDED THAT THE COMMISSIONER SHALL PROMULGATE REGULATIONS
 ADDING SUCH CHARACTERISTIC OR CONTAMINANT WITHIN ONE YEAR OF SUCH DECLA-
 RATION.
   2.  A.  ANY  REAL ESTATE PURCHASE CONTRACT FOR THE SALE OF RESIDENTIAL
 REAL PROPERTY, AS DEFINED IN SECTION FOUR HUNDRED SIXTY-ONE OF THE  REAL
 PROPERTY  LAW,  WHICH  IS  SERVED  BY  AN INDIVIDUAL ONSITE WATER SUPPLY
 SYSTEM, SHALL INCLUDE A PROVISION REQUIRING, PRIOR TO AND AS A CONDITION
 OF SALE, THE TESTING OF SUCH INDIVIDUAL ONSITE WATER SUPPLY SYSTEM IN  A
 MANNER  THAT  MEETS OR EXCEEDS THE STANDARDS PRESCRIBED PURSUANT TO THIS

 S. 2007                            57                            A. 3007

 SECTION. THIS SECTION SHALL  NOT  APPLY  TO  PUBLIC  WATER  SYSTEMS,  AS
 DEFINED IN REGULATIONS PROMULGATED BY THE DEPARTMENT.
   B.  WITHIN  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, AND AT
 LEAST ONCE EVERY FIVE YEARS THEREAFTER, THE LESSOR  OF  ANY  RESIDENTIAL
 REAL  PROPERTY  WHICH  IS  SERVED  BY  AN INDIVIDUAL ONSITE WATER SUPPLY
 SYSTEM SHALL TEST SUCH WATER SUPPLY IN ACCORDANCE WITH THIS SECTION  FOR
 AT  LEAST THE CHARACTERISTICS AND CONTAMINANTS REQUIRED PURSUANT TO THIS
 SECTION.   WITHIN THIRTY  DAYS  AFTER  THE  RECEIPT  OF  VALIDATED  TEST
 RESULTS, THE LESSOR SHALL PROVIDE A WRITTEN COPY THEREOF TO EACH CURRENT
 TENANT OF A RENTAL UNIT ON THE PROPERTY. THE LESSOR SHALL ALSO PROVIDE A
 WRITTEN  COPY OF THE MOST RECENT VALIDATED TEST RESULTS TO A PROSPECTIVE
 TENANT PRIOR TO THE SIGNING OF THE LEASE  OR  OTHER  AGREEMENT  FOR  THE
 RENTAL  OF  A  RESIDENTIAL  UNIT ON THE PROPERTY OR TO ANY FORMER TENANT
 UPON REQUEST. THE DEPARTMENT OR THE DEPARTMENT'S DESIGNEE SHALL HAVE THE
 AUTHORITY TO REQUEST AND RECEIVE SUCH TEST RESULTS FROM THE LESSOR.
   3. EVERY TEST CONDUCTED IN  ACCORDANCE  WITH  THIS  SECTION  SHALL  BE
 CONDUCTED  BY  A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT PURSUANT TO
 SECTION FIVE HUNDRED TWO OF THIS CHAPTER. ANY TEST RESULTS  PROVIDED  BY
 THE  LABORATORY,  PURSUANT  TO  THIS  SECTION, SHALL INCLUDE THE MAXIMUM
 CONTAMINANT LEVELS OR OTHER ESTABLISHED VALUES, IF  ANY,  PRESCRIBED  BY
 THE  DEPARTMENT FOR EACH CHARACTERISTIC OR CONTAMINANT TESTED. LABORATO-
 RIES SHALL SUBMIT SUCH RESULTS TO THE DEPARTMENT ELECTRONICALLY  IN  THE
 MANNER PRESCRIBED PURSUANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
   4.  THE  COMMISSIONER MAY PROMULGATE REGULATIONS PURSUANT TO WHICH THE
 DEPARTMENT MAY PROVIDE FINANCIAL ASSISTANCE  TO  OWNERS  OF  RESIDENTIAL
 PROPERTY  SERVED  BY  AN  INDIVIDUAL  ONSITE WATER SUPPLY SYSTEM, UPON A
 SHOWING THAT THE COSTS ASSOCIATED WITH TESTING DRINKING WATER IN COMPLI-
 ANCE WITH THIS SECTION WOULD IMPOSE AN UNREASONABLE FINANCIAL HARDSHIP.
   5. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT OR LIMIT THE TEST-
 ING OF INDIVIDUAL ONSITE WATER SUPPLY  SYSTEMS  PURSUANT  TO  ANY  OTHER
 STATUTORY OR REGULATORY AUTHORITY.
   §  3.  Section 502 of the public health law is amended by adding a new
 subdivision 10 to read as follows:
   10. THE DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY  TO  REPORT
 LABORATORY  TEST  RESULTS  TO  THE DEPARTMENT, OR TO ANY FULL-TIME CITY,
 COUNTY  OR  PART-COUNTY  HEALTH  DEPARTMENT  IN  AN  ELECTRONIC   MANNER
 PRESCRIBED BY THE DEPARTMENT.
   §  4.  The real property law is amended by adding a new section 468 to
 read as follows:
   § 468. INDIVIDUAL ONSITE WATER SUPPLY TESTING REQUIREMENTS.  1.  EVERY
 REAL ESTATE PURCHASE CONTRACT FOR THE SALE OF RESIDENTIAL REAL PROPERTY,
 WHICH  IS  SERVED  BY  AN  INDIVIDUAL  ONSITE WATER SUPPLY SYSTEM, SHALL
 INCLUDE A PROVISION REQUIRING AS A CONDITION OF  SALE,  THE  TESTING  OF
 SUCH  WATER  SUPPLY  FOR  AT  LEAST THE STANDARDS PRESCRIBED PURSUANT TO
 SECTION ELEVEN HUNDRED ELEVEN OF THE PUBLIC  HEALTH  LAW.  THIS  SECTION
 SHALL  NOT APPLY TO PROPERTY THAT IS SERVED BY A PUBLIC WATER SYSTEM, AS
 DEFINED IN REGULATIONS PROMULGATED BY THE COMMISSIONER.
   2. CLOSING OF TITLE ON THE SALE OF SUCH REAL PROPERTY SHALL NOT  OCCUR
 UNLESS  BOTH  THE BUYER AND THE SELLER HAVE RECEIVED AND REVIEWED A COPY
 OF THE WATER TEST RESULTS. AT CLOSING, THE BUYER AND SELLER  BOTH  SHALL
 CERTIFY  IN  WRITING THAT THEY HAVE RECEIVED AND REVIEWED THE WATER TEST
 RESULTS.
   3. THE REQUIREMENTS OF THIS SECTION MAY NOT BE WAIVED.
   § 5.  Subdivision 3 of section 15-1525 of the environmental  conserva-
 tion law, as amended by section 2 of part F of chapter 59 of the laws of
 2006, is amended to read as follows:

 S. 2007                            58                            A. 3007
 
   3.  The  certificate  of  registration  shall require that, before the
 commencement of drilling of any well or wells, the  water  well  driller
 shall  file  a  preliminary  notice  with  the department; it shall also
 provide that upon the completion of the drilling of any  water  well  or
 water  wells,  a  completion report be filed with the department, giving
 the log of the well, the size and depth thereof,  the  capacity  of  the
 pump or pumps attached or to be attached thereto, THE LABORATORY RESULTS
 OF  THE  WATER  SAMPLE  TESTED IN ACCORDANCE WITH SECTION ELEVEN HUNDRED
 ELEVEN OF THE PUBLIC HEALTH LAW, and such other  information  pertaining
 to  the  withdrawal  of  water and operation of such water well or water
 wells as the department by its rules and regulations  may  require.  The
 water well driller shall provide a copy of such completion report to the
 water well owner AND THE DEPARTMENT OF HEALTH AND DEPARTMENT OF ENVIRON-
 MENTAL  CONSERVATION. The number of the certificate of registration must
 be displayed on the well  drilling  machinery  of  the  registrant.  The
 certificate  of  registration shall also contain a notice to the certif-
 icate holder that the business activities authorized by such certificate
 are subject to the provisions of article  thirty-six-A  of  the  general
 business  law. The fee for such certificate of registration shall be ten
 dollars  annually.  The  commissioner  shall  promulgate  a  water  well
 completion  report  form which shall be utilized by all water well dril-
 lers in satisfying the  requirements  of  this  section  and  any  other
 provision of state or local law which requires the submission of a water
 well completion report or water well log.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the commissioner of health and commissioner of environmental conser-
 vation  shall  be  authorized  to promulgate any and all rules and regu-
 lations necessary to  implement  the  provisions  of  this  act  on  its
 effective date.
 
                                  PART O

   Section  1.  Subdivision 9 of section 730.10 of the criminal procedure
 law, as added by section 1 of part Q of chapter 56 of the laws of  2012,
 is amended to read as follows:
   9.  "Appropriate  institution"  means:  (a) a hospital operated by the
 office of mental health or a developmental center operated by the office
 for people with developmental disabilities; [or] (b) a hospital licensed
 by the department of health which operates a psychiatric  unit  licensed
 by  the  office  of  mental  health,  as  determined by the commissioner
 provided, however, that any such hospital that is not  operated  by  the
 state shall qualify as an "appropriate institution" only pursuant to the
 terms  of an agreement between the commissioner and the hospital; OR (C)
 A MENTAL HEALTH UNIT OPERATING WITHIN A CORRECTIONAL FACILITY  OR  LOCAL
 CORRECTIONAL  FACILITY;  PROVIDED  HOWEVER,  THAT ANY SUCH MENTAL HEALTH
 UNIT OPERATING WITHIN A LOCAL CORRECTIONAL FACILITY SHALL QUALIFY AS  AN
 "APPROPRIATE  INSTITUTION"  ONLY PURSUANT   TO THE TERMS OF AN AGREEMENT
 BETWEEN  THE  COMMISSIONER  OF  MENTAL  HEALTH,  DIRECTOR  OF  COMMUNITY
 SERVICES  AND  THE  SHERIFF  FOR  THE  RESPECTIVE LOCALITY, AND ANY SUCH
 MENTAL HEALTH UNIT OPERATING WITHIN A CORRECTIONAL FACILITY SHALL QUALI-
 FY AS AN "APPROPRIATE INSTITUTION" ONLY PURSUANT  TO  THE  TERMS  OF  AN
 AGREEMENT BETWEEN THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSIONER
 OF  THE  DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION. Nothing in
 this article shall be construed as requiring  a  hospital,  CORRECTIONAL
 FACILITY OR LOCAL CORRECTIONAL FACILITY to consent to providing care and

 S. 2007                            59                            A. 3007
 
 treatment  to  an  incapacitated  person  at such hospital, CORRECTIONAL
 FACILITY OR LOCAL CORRECTIONAL FACILITY.  IN A CITY WITH A POPULATION OF
 MORE THAN ONE MILLION, ANY SUCH UNIT SHALL  BE  LIMITED  TO  TWENTY-FIVE
 BEDS. THE COMMISSIONER OF MENTAL HEALTH SHALL PROMULGATE REGULATIONS FOR
 DEMONSTRATION  PROGRAMS  TO IMPLEMENT RESTORATION TO COMPETENCY WITHIN A
 CORRECTIONAL FACILITY OR LOCAL CORRECTIONAL FACILITY. SUBJECT TO  ANNUAL
 APPROPRIATION, THE COMMISSIONER OF MENTAL HEALTH MAY, AT THE COMMISSION-
 ER'S DISCRETION, MAKE FUNDS AVAILABLE FOR STATE AID GRANTS TO ANY COUNTY
 THAT  DEVELOPS  AND OPERATES A MENTAL HEALTH UNIT WITHIN A LOCAL CORREC-
 TIONAL FACILITY PURSUANT TO THIS SECTION. NOTHING IN THIS ARTICLE  SHALL
 BE  CONSTRUED  AS  REQUIRING  A HOSPITAL, CORRECTIONAL FACILITY OR LOCAL
 CORRECTIONAL FACILITY TO CONSENT TO PROVIDING CARE AND TREATMENT  TO  AN
 INCAPACITATED  PERSON  AT  SUCH HOSPITAL, CORRECTIONAL FACILITY OR LOCAL
 CORRECTIONAL FACILITY.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017; provided,
 however,  that  this  act  shall expire and be deemed repealed March 31,
 2022.
 
                                  PART P
 
   Section 1. Section 48-a of part A of chapter 56 of the  laws  of  2013
 amending  chapter  59 of the laws of 2011 amending the public health law
 and other laws relating to general  hospital  reimbursement  for  annual
 rates  relating to the cap on local Medicaid expenditures, as amended by
 section 29 part B of chapter 59 of the laws of 2016, is amended to  read
 as follows:
   §  48-a. 1. Notwithstanding any contrary provision of law, the commis-
 sioners of the office of alcoholism and substance abuse services and the
 office of mental health are authorized, subject to the approval  of  the
 director  of the budget, to transfer to the commissioner of health state
 funds to be utilized as the state share for the  purpose  of  increasing
 payments  under  the  medicaid  program  to  managed  care organizations
 licensed under article 44 of the public health law or under  article  43
 of the insurance law. Such managed care organizations shall utilize such
 funds  for  the  purpose  of  reimbursing providers licensed pursuant to
 article 28 of the public health law or article 31 or 32  of  the  mental
 hygiene  law for ambulatory behavioral health services, as determined by
 the commissioner of health, in consultation  with  the  commissioner  of
 alcoholism  and  substance  abuse  services  and the commissioner of the
 office of mental health, provided to medicaid [eligible] ENROLLED outpa-
 tients AND FOR ALL OTHER BEHAVIORAL  HEALTH  SERVICES  EXCEPT  INPATIENT
 INCLUDED  IN  NEW  YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE
 CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS).    Such  reimbursement
 shall  be  in the form of fees for such services which are equivalent to
 the payments established for such services under the ambulatory  patient
 group  (APG)  rate-setting  methodology as utilized by the department of
 health, the office of alcoholism and substance abuse  services,  or  the
 office of mental health for rate-setting purposes OR ANY SUCH OTHER FEES
 PURSUANT  TO THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY CMS IN THE
 MEDICAID REDESIGN WAIVER; provided, however, that the increase  to  such
 fees that shall result from the provisions of this section shall not, in
 the  aggregate  and  as  determined  by  the  commissioner of health, in
 consultation with the commissioner of  alcoholism  and  substance  abuse
 services and the commissioner of the office of mental health, be greater
 than  the  increased funds made available pursuant to this section.  The

 S. 2007                            60                            A. 3007
 
 increase of such ambulatory behavioral health fees to  providers  avail-
 able  under  this section shall be for all rate periods on and after the
 effective date of section [1] 29 of part [C] B of chapter [57] 59 of the
 laws  of  [2015]  2016 through March 31, [2018] 2020 for patients in the
 city of New York, for all rate periods on and after the  effective  date
 of section [1] 29 of part [C] B of chapter [57] 59 of the laws of [2015]
 2016  through  [June  30,  2018] MARCH 31, 2020 for patients outside the
 city of New York, and for all rate periods on and  after  the  effective
 date  of  such  chapter  through  [June 30, 2018] MARCH 31, 2020 for all
 services provided to persons under  the  age  of  twenty-one;  provided,
 however, [eligible providers may work with managed care plans to achieve
 quality  and  efficiency  objectives  and  engage in shared savings] THE
 COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER  OF  ALCO-
 HOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND  THE COMMISSIONER OF MENTAL
 HEALTH, MAY REQUIRE, AS A  CONDITION  OF  APPROVAL  OF  SUCH  AMBULATORY
 BEHAVIORAL  HEALTH  FEES,  THAT  AGGREGATE  MANAGED CARE EXPENDITURES TO
 ELIGIBLE PROVIDERS MEET THE FOLLOWING VALUE BASED  PAYMENT  METRICS  FOR
 THE  FOLLOWING  PERIODS:  (I)  FOR THE PERIOD FROM APRIL 1, 2017 THROUGH
 MARCH 31, 2018, AT LEAST TEN PERCENT OF SUCH MANAGED  CARE  EXPENDITURES
 ARE  PAID  THROUGH  LEVEL  ONE VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH
 LEVEL IS DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROAD-
 MAP (II) FOR THE PERIOD APRIL 1, 2018 THROUGH MARCH 31, 2019,  AT  LEAST
 FIFTY  PERCENT  OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH LEVEL
 ONE VALUE BASED  PAYMENT  ARRANGEMENTS  AND  FIFTEEN  PERCENT  ARE  PAID
 THROUGH  LEVEL  TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH LEVELS ARE
 DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED  PAYMENT  ROADMAP  AND
 (III)  FOR  THE  PERIOD  APRIL  1, 2019 THROUGH MARCH 31, 2020, AT LEAST
 EIGHTY PERCENT OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH  LEVEL
 ONE  VALUE  BASED  PAYMENT ARRANGEMENTS AND THIRTY-FIVE PERCENT ARE PAID
 THROUGH LEVEL TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH  LEVELS  ARE
 DEFINED  IN  THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROADMAP. THE
 COMMISSIONER OF HEALTH MAY, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND THE COMMISSIONER OF THE
 OFFICE OF MENTAL HEALTH, WAIVE SUCH CONDITIONS IF A SUFFICIENT NUMBER OF
 PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A  FINANCIAL  HARD-
 SHIP AS A CONSEQUENCE OF SUCH VALUE BASED PAYMENT ARRANGEMENTS, OR IF HE
 OR  SHE  SHALL  DETERMINE  THAT  SUCH  VALUE  BASED PAYMENT ARRANGEMENTS
 SIGNIFICANTLY THREATEN  INDIVIDUALS'  ACCESS  TO  AMBULATORY  BEHAVIORAL
 HEALTH  SERVICES.  SUCH  WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR
 INDUSTRY WIDE BASIS.   Nothing in this section  shall  prohibit  managed
 care  organizations  and  providers from negotiating different rates and
 methods of payment during such periods described above, subject  to  the
 approval  of  the  department  of health. The department of health shall
 consult with the office of alcoholism and substance abuse  services  and
 the  office  of  mental  health  in determining whether such alternative
 rates shall be approved. The commissioner of health may, in consultation
 with the commissioner of alcoholism and substance abuse services and the
 commissioner of the office of  mental  health,  promulgate  regulations,
 including  emergency regulations promulgated prior to October 1, 2015 to
 establish rates for ambulatory behavioral health services, as are neces-
 sary to implement the provisions  of  this  section.  Rates  promulgated
 under  this  section  shall  be  included  in  the report required under
 section 45-c of part A of this chapter.
   2. Notwithstanding any contrary provision of law,  the  fees  paid  by
 managed  care  organizations  licensed  under  article  44 of the public
 health law or under article  43  of  the  insurance  law,  to  providers

 S. 2007                            61                            A. 3007
 
 licensed  pursuant  to article 28 of the public health law or article 31
 or 32 of the  mental  hygiene  law,  for  ambulatory  behavioral  health
 services  provided  to  patients  enrolled in the child health insurance
 program  pursuant to title one-A of article 25 of the public health law,
 shall be in the form of fees for such services which are  equivalent  to
 the  payments established for such services under the ambulatory patient
 group (APG) rate-setting methodology OR ANY SUCH OTHER FEES  ESTABLISHED
 PURSUANT  TO  THE  MEDICAID STATE PLAN. The commissioner of health shall
 consult with the commissioner of alcoholism and substance abuse services
 and the commissioner of the office of mental health in determining  such
 services  and  establishing such fees. Such ambulatory behavioral health
 fees to providers available under this section shall  be  for  all  rate
 periods  on  and  after the effective date of this chapter through [June
 30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
 tions and providers may negotiate different rates and methods of payment
 during such periods described above, subject  to  the  approval  of  the
 department  of health.   The department of health shall consult with the
 office of alcoholism and substance abuse  services  and  the  office  of
 mental  health  in  determining  whether such alternative rates shall be
 approved.  The report required under section 16-a of part C  of  chapter
 60  of  the  laws  of 2014 shall also include the population of patients
 enrolled in the child health insurance program pursuant to  title  one-A
 of article 25 of the public health law in its examination on the transi-
 tion of behavioral health services into managed care.
   §  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
 to increasing Medicaid payments to providers through managed care organ-
 izations and providing equivalent fees  through  an  ambulatory  patient
 group  methodology,  as amended by section 30 of part B of chapter 59 of
 the laws of 2016, is amended to read as follows:
   Section 1. a.   Notwithstanding any contrary  provision  of  law,  the
 commissioners  of  mental  health  and  alcoholism  and  substance abuse
 services are authorized, subject to the approval of the director of  the
 budget,  to  transfer  to  the  commissioner of health state funds to be
 utilized as the state share for the purpose of increasing payments under
 the medicaid program to managed care organizations licensed under  arti-
 cle  44  of  the  public health law or under article 43 of the insurance
 law. Such managed care organizations shall utilize such  funds  for  the
 purpose  of reimbursing providers licensed pursuant to article 28 of the
 public health law, or pursuant to article 31 or article 32 of the mental
 hygiene law for ambulatory behavioral health services, as determined  by
 the  commissioner  of  health  in  consultation with the commissioner of
 mental  health  and  commissioner  of  alcoholism  and  substance  abuse
 services,  provided  to medicaid [eligible] ENROLLED outpatients AND FOR
 ALL OTHER BEHAVIORAL HEALTH SERVICES EXCEPT INPATIENT  INCLUDED  IN  NEW
 YORK  STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE CENTERS FOR MEDI-
 CARE AND MEDICAID SERVICES (CMS).  Such reimbursement shall  be  in  the
 form  of  fees  for  such  services which are equivalent to the payments
 established for such services under the ambulatory patient  group  (APG)
 rate-setting  methodology  as utilized by the department of health or by
 the office of mental health or office of alcoholism and substance  abuse
 services  for  rate-setting  purposes OR ANY SUCH OTHER FEES PURSUANT TO
 THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY  CMS  IN  THE  MEDICAID
 REDESIGN  WAIVER; provided, however, that the increase to such fees that
 shall result from the provisions of  this  section  shall  not,  in  the
 aggregate  and  as determined by the commissioner of health in consulta-
 tion  with  the  commissioners  of  mental  health  and  alcoholism  and

 S. 2007                            62                            A. 3007
 
 substance  abuse  services,  be  greater  than  the increased funds made
 available pursuant to this section.  The  increase  of  such  behavioral
 health  fees  to providers available under this section shall be for all
 rate  periods  on and after the effective date of section [2] 30 of part
 [C] B of chapter [57] 59 of the laws of [2015] 2016  through  March  31,
 [2018]  2020  for patients in the city of New York, for all rate periods
 on and after the effective date of section [2] 30 of part [C] B of chap-
 ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
 2020 for patients outside the city of New York, and for all rate periods
 on and after the effective date of section [2] 30 of part [C] B of chap-
 ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
 2020 for all services provided to persons under the age  of  twenty-one;
 provided,  however, [eligible providers may work with managed care plans
 to achieve quality  and  efficiency  objectives  and  engage  in  shared
 savings]  THE  COMMISSIONER  OF HEALTH, IN CONSULTATION WITH THE COMMIS-
 SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND  THE  COMMISSIONER
 OF  MENTAL HEALTH, MAY REQUIRE, AS A CONDITION OF APPROVAL OF SUCH AMBU-
 LATORY BEHAVIORAL HEALTH FEES, THAT AGGREGATE MANAGED CARE  EXPENDITURES
 TO ELIGIBLE PROVIDERS MEET THE FOLLOWING VALUE BASED PAYMENT METRICS FOR
 THE  FOLLOWING  PERIODS:  (I)  FOR THE PERIOD FROM APRIL 1, 2017 THROUGH
 MARCH 31, 2018, AT LEAST TEN PERCENT OF SUCH MANAGED  CARE  EXPENDITURES
 ARE  PAID  THROUGH  LEVEL  ONE VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH
 LEVEL IS DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROAD-
 MAP (II) FOR THE PERIOD APRIL 1, 2018 THROUGH MARCH 31, 2019,  AT  LEAST
 FIFTY  PERCENT  OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH LEVEL
 ONE VALUE BASED  PAYMENT  ARRANGEMENTS  AND  FIFTEEN  PERCENT  ARE  PAID
 THROUGH  LEVEL  TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH LEVELS ARE
 DEFINED IN THE DEPARTMENT OF HEALTH'S VALUE BASED  PAYMENT  ROADMAP  AND
 (III)  FOR  THE  PERIOD  APRIL  1, 2019 THROUGH MARCH 31, 2020, AT LEAST
 EIGHTY PERCENT OF SUCH MANAGED CARE EXPENDITURES ARE PAID THROUGH  LEVEL
 ONE  VALUE  BASED  PAYMENT ARRANGEMENTS AND THIRTY-FIVE PERCENT ARE PAID
 THROUGH LEVEL TWO VALUE BASED PAYMENT ARRANGEMENTS, AS SUCH  LEVELS  ARE
 DEFINED  IN  THE DEPARTMENT OF HEALTH'S VALUE BASED PAYMENT ROADMAP. THE
 COMMISSIONER OF HEALTH MAY, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
 ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES  AND THE COMMISSIONER OF THE
 OFFICE OF MENTAL HEALTH, WAIVE SUCH CONDITIONS IF A SUFFICIENT NUMBER OF
 PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A  FINANCIAL  HARD-
 SHIP AS A CONSEQUENCE OF SUCH VALUE BASED PAYMENT ARRANGEMENTS, OR IF HE
 OR  SHE  SHALL  DETERMINE  THAT  SUCH  VALUE  BASED PAYMENT ARRANGEMENTS
 SIGNIFICANTLY THREATEN  INDIVIDUALS'  ACCESS  TO  AMBULATORY  BEHAVIORAL
 HEALTH  SERVICES.   SUCH WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR
 INDUSTRY WIDE BASIS. Nothing in this section shall prohibit managed care
 organizations and providers from negotiating different rates and methods
 of payment during such periods described, subject to the approval of the
 department of health. The department of health shall  consult  with  the
 office  of  alcoholism  and  substance  abuse services and the office of
 mental health in determining whether such  alternative  rates  shall  be
 approved.  The  commissioner  of  health  may,  in consultation with the
 commissioners of  mental  health  and  alcoholism  and  substance  abuse
 services,   promulgate   regulations,  including  emergency  regulations
 promulgated prior to October 1, 2013 that establish rates for behavioral
 health services, as are necessary to implement the  provisions  of  this
 section.  Rates  promulgated under this section shall be included in the
 report required under section 45-c of part A of chapter 56 of  the  laws
 of 2013.

 S. 2007                            63                            A. 3007
 
   b.  Notwithstanding  any  contrary  provision of law, the fees paid by
 managed care organizations licensed  under  article  44  of  the  public
 health  law  or  under  article  43  of  the insurance law, to providers
 licensed pursuant to article 28 of the public health law or  article  31
 or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
 services provided to patients enrolled in  the  child  health  insurance
 program  pursuant to title one-A of article 25 of the public health law,
 shall be in the form of fees for such services which are  equivalent  to
 the  payments established for such services under the ambulatory patient
 group (APG) rate-setting methodology. The commissioner of  health  shall
 consult with the commissioner of alcoholism and substance abuse services
 and  the commissioner of the office of mental health in determining such
 services and establishing such fees. Such ambulatory  behavioral  health
 fees  to  providers  available  under this section shall be for all rate
 periods on and after the effective date of this  chapter  through  [June
 30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
 tions and providers may negotiate different rates and methods of payment
 during  such  periods  described  above,  subject to the approval of the
 department of health. The department of health shall  consult  with  the
 office  of  alcoholism  and  substance  abuse services and the office of
 mental health in determining whether such  alternative  rates  shall  be
 approved.    The report required under section 16-a of part C of chapter
 60 of the laws of 2014 shall also include  the  population  of  patients
 enrolled  in  the child health insurance program pursuant to title one-A
 of article 25 of the public health law in its examination on the transi-
 tion of behavioral health services into managed care.
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017; provided,
 however,  that the amendments to section 48-a of part A of chapter 56 of
 the laws of 2013 made by section one of this act shall  not  affect  the
 repeal  of such section and shall be deemed repealed therewith; provided
 further, that the amendments to section 1 of part H of  chapter  111  of
 the  laws  of  2010 made by section two of this act shall not affect the
 expiration of such section and shall be deemed to expire therewith.
 
                                  PART Q
 
   Section 1. Subdivisions 3-b and 3-c of section 1 and section 4 of part
 C of chapter 57 of the laws of 2006, relating to establishing a cost  of
 living  adjustment for designated human services programs, as amended by
 section 1 of part I of chapter 60 of the laws of 2014,  are  amended  to
 read as follows:
   3-b.  Notwithstanding  any  inconsistent  provision  of law, beginning
 April 1, 2009 and ending March 31, 2016 AND BEGINNING APRIL 1, 2017  AND
 ENDING  MARCH  31,  2018, the commissioners shall not include a COLA for
 the purpose of establishing rates of payments, contracts  or  any  other
 form of reimbursement.
   3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
 April 1, [2016] 2018 and ending March 31, [2019] 2021, the commissioners
 shall develop the COLA under this section using the actual U.S. consumer
 price index for all urban consumers  (CPI-U)  published  by  the  United
 States  department  of  labor, bureau of labor statistics for the twelve
 month period ending in July of the  budget  year  prior  to  such  state
 fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
 contracts or any other form of reimbursement.

 S. 2007                            64                            A. 3007
 
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2006; provided
 section one of this act shall expire and be  deemed  repealed  April  1,
 [2019]  2021; provided, further, that sections two and three of this act
 shall expire and be deemed repealed December 31, 2009.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that the amendments to 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, made
 by section one of this act, shall not affect the repeal of such subdivi-
 sions and shall be deemed repealed therewith.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Parts A through Q of this act shall  be
 as specifically set forth in the last section of such Parts.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 2007--B                                            A. 3007--B
 
                       S E N A T E - A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
   article seven of the Constitution -- read once  and  referred  to  the
   Committee  on  Ways  and  Means -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT intentionally omitted (Part A); intentionally omitted  (Part  B);
   intentionally  omitted  (Part  C);  to amend the public health law, in
   relation to controlling drug costs; to amend the social services  law,
   in  relation to the drug utilization review board; to amend the social
   services law, in relation to Medicaid reimbursement of covered  outpa-
   tient  drugs;  to  authorize  the  suspension of a provider's Medicaid
   enrollment for inappropriate prescribing  of  opioids;  to  amend  the
   social  services law, in relation to refills of controlled substances;
   to amend the social services law, in  relation  to  reducing  Medicaid
   coverage  and  increasing  copayments  for  non-prescription drugs, to
   aligning pharmacy copayment requirements with federal regulations, and
   to adjusting consumer price index penalties for  generic  drugs  (Part
   D);  to  amend the social services law, in relation to fiscal interme-
   diary certification under the consumer  directed  personal  assistance
   program;  and  to amend the public health law, in relation to reserved
   bed days and  establishing  a  prospective  per  diem  adjustment  for
   certain  nursing  homes  (Part  E); intentionally omitted (Part F); to
   amend part H of chapter 59 of the laws of 2011,  amending  the  public
   health  law  and other laws relating to known and projected department
   of health state fund medicaid expenditures, in relation  to  extending
   the  Medicaid  global  cap (Part G); to amend the New York Health Care
   Reform Act of 1996, in relation to extending certain provisions relat-
   ing thereto; to amend the New York Health Care Reform Act of 2000,  in
   relation  to  extending  the  effectiveness  of provisions thereof; to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12571-04-7

 S. 2007--B                          2                         A. 3007--B

   amend the public health law, in relation to the distribution  of  pool
   allocations and graduate medical education; to amend the public health
   law,  in  relation  to  health  care initiative pool distributions; to
   amend  the  social  services  law,  in  relation  to extending payment
   provisions for general hospitals; to amend the public health  law,  in
   relation  to the assessments on covered lives; to amend chapter 600 of
   the laws of 1986 amending the public health law relating to the devel-
   opment of pilot reimbursement programs for ambulatory  care  services,
   in  relation to the effectiveness thereof; to amend chapter 520 of the
   laws of 1978 relating to  providing  for  a  comprehensive  survey  of
   health  care  financing, education and illness prevention and creating
   councils for the conduct thereof, in  relation  to  the  effectiveness
   thereof;  to  amend the public health law and the social services law,
   in relation to rates of payment for personal care services workers; to
   amend the public health law, in relation to the comprehensive diagnos-
   tic and treatment centers indigent care program; to amend  chapter  62
   of  the  laws of 2003 amending the general business law and other laws
   relating to enacting major components necessary to implement the state
   fiscal plan for the 2003-04 state fiscal  year,  in  relation  to  the
   deposit  of  certain  funds; to amend chapter 266 of the laws of 1986,
   amending the civil practice law and rules and other laws  relating  to
   malpractice  and  professional  medical conduct, in relation to appor-
   tioning premium for certain policies; to amend part J of chapter 63 of
   the laws of 2001 amending chapter 266 of the laws  of  1986,  amending
   the  civil  practice law and rules and other laws relating to malprac-
   tice and  professional  medical  conduct,  in  relation  to  extending
   certain  provisions concerning the hospital excess liability pool; and
   to amend the public health law, in relation  to  tobacco  control  and
   insurance  initiatives  pool  distributions (Part H); to amend chapter
   884 of the laws of 1990, amending the public health  law  relating  to
   authorizing  bad  debt  and charity care allowances for certified home
   health agencies, in relation to the effectiveness  thereof;  to  amend
   chapter 60 of the laws of 2014 amending the social services law relat-
   ing  to  eliminating  prescriber  prevails  for  brand name drugs with
   generic equivalents, in relation  to  the  effectiveness  thereof;  to
   amend the public health law, in relation to extending the nursing home
   cash  assessment;  to  amend chapter 474 of the laws of 1996, amending
   the education law and other laws relating  to  rates  for  residential
   health  care  facilities, in relation to the effectiveness thereof; to
   amend chapter 58 of the laws of 2007, amending the social services law
   and other laws relating to enacting the  major  components  of  legis-
   lation necessary to implement the health and mental hygiene budget for
   the  2007-2008  state  fiscal  year,  in  relation to delay of certain
   administrative cost; to amend chapter 81 of the laws of 1995, amending
   the public health law and other laws relating to medical reimbursement
   and welfare reform, in relation to the effectiveness thereof; to amend
   chapter 109 of the laws of 2010,  amending  the  social  services  law
   relating  to  transportation  costs,  in relation to the effectiveness
   thereof; to amend chapter 56 of the laws of 2013 amending  chapter  59
   of  the  laws  of  2011, amending the public health law and other laws
   relating to general hospital reimbursement for annual  rates  relating
   to  the  cap on local Medicaid expenditures, in relation to the effec-
   tiveness thereof; to amend chapter 2 of the laws of 1998, amending the
   public health law and other  laws  relating  to  expanding  the  child
   health  insurance  plan,  in relation to the effectiveness thereof; to
   amend chapter 19 of the laws of 1998, amending the social services law

 S. 2007--B                          3                         A. 3007--B
 
   relating to limiting the method  of  payment  for  prescription  drugs
   under the medical assistance program, in relation to the effectiveness
   thereof;  to  amend  the  public health law, in relation to continuing
   nursing home upper payment limit payments; to amend chapter 904 of the
   laws  of  1984, amending the public health law and the social services
   law relating to encouraging comprehensive health services, in relation
   to the effectiveness thereof; to amend chapter 62 of the laws of 2003,
   amending the public health law relating to allowing  for  the  use  of
   funds  of the office of professional medical conduct for activities of
   the patient health information and quality improvement act of 2000, in
   relation to extending the provisions thereof; to amend chapter  59  of
   the  laws  of  2011,  amending  the  public health law relating to the
   statewide health information network of New  York  and  the  statewide
   planning  and  research  cooperative  system  and  general  powers and
   duties, in relation to the effectiveness thereof; to amend chapter  58
   of the laws of 2008, amending the elder law and other laws relating to
   reimbursement  to  participating  provider pharmacies and prescription
   drug coverage, in relation to  extending  the  expiration  of  certain
   provisions thereof; and to amend the public health law, in relation to
   issuance  of  certificates  of authority to accountable care organiza-
   tions (Part I); intentionally omitted (Part J); intentionally  omitted
   (Part  K);  intentionally omitted (Part L); to amend the public health
   law, in relation to emerging contaminant monitoring (Part  M);  inten-
   tionally  omitted  (Part  N); intentionally omitted (Part O); to amend
   chapter 56 of the laws of 2013 amending chapter 59 of the laws of 2011
   amending the public health law and  other  laws  relating  to  general
   hospital  reimbursement  for annual rates relating to the cap on local
   Medicaid expenditures, in relation to extending government  rates  for
   behavioral  services  and  adding  an  alternative payment methodology
   requirement; and to amend chapter 111 of the laws of 2010 relating  to
   increasing  Medicaid payments to providers through managed care organ-
   izations and providing equivalent fees through an  ambulatory  patient
   group  methodology,  in  relation  to  extending  government rates for
   behavioral services and  adding  an  alternative  payment  methodology
   requirement  (Part  P);  to  amend part C of chapter 57 of the laws of
   2006, relating to establishing a cost of living adjustment for  desig-
   nated  human  services  programs,  in relation to providing funding to
   increase salaries and related fringe benefits to direct care  workers,
   direct support professionals and clinical workers employed by not-for-
   profits  funded  by the office for people with developmental disabili-
   ties, the office of mental health and the  office  of  alcoholism  and
   substance  abuse services (Part Q); to amend the public health law, in
   relation to establishing the drinking water quality council (Part  R);
   to  amend  the  social  services  law, in relation to health homes; to
   amend the social services law, in relation to managed  care  programs;
   to  amend  the  social  services law, in relation to pasteurized donor
   human milk and ovulation enhancing drugs; to amend the  public  health
   law,  in  relation  to  home  care  worker wage parity; in relation to
   authorizing the commissioner of health to  sell  accounts  receivables
   balances  owed  to the state by Medicaid providers to financial insti-
   tutions; and providing for the expiration of certain provisions  (Part
   S); and to amend the environmental conservation law, the public health
   law,  the  public  authorities law, the state finance law and the soil
   and water conservation districts law, in relation to  the  implementa-
   tion of the "clean water infrastructure act of 2017" (Part T)

 S. 2007--B                          4                         A. 3007--B
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act enacts into law major components of legislation
 which are necessary to implement the state fiscal plan for the 2017-2018
 state fiscal year. Each component is  wholly  contained  within  a  Part
 identified  as Parts A through T. The effective date for each particular
 provision contained within such Part is set forth in the last section of
 such Part. Any provision in any section contained within a Part, includ-
 ing the effective date of the Part, which makes a reference to a section
 "of this act", when used in connection with that  particular  component,
 shall  be  deemed  to mean and refer to the corresponding section of the
 Part in which it is found. Section three of  this  act  sets  forth  the
 general effective date of this act.
 
                                  PART A
 
                           Intentionally Omitted
 
                                  PART B
 
                           Intentionally Omitted
 
                                  PART C
 
                           Intentionally Omitted
 
                                  PART D
 
   Section  1.   The public health law is amended by adding a new section
 280 to read as follows:
   § 280. MEDICAID DRUG  CAP.    1.  THE  LEGISLATURE  HEREBY  FINDS  AND
 DECLARES  THAT  THERE  IS A SIGNIFICANT PUBLIC INTEREST FOR THE MEDICAID
 PROGRAM TO MANAGE DRUG COSTS IN A MANNER  THAT  ENSURES  PATIENT  ACCESS
 WHILE  PROVIDING  FINANCIAL  STABILITY  FOR  THE STATE AND PARTICIPATING
 PROVIDERS. SINCE TWO THOUSAND ELEVEN, THE STATE  HAS  TAKEN  SIGNIFICANT
 STEPS  TO  CONTAIN COSTS IN THE MEDICAID PROGRAM BY IMPOSING A STATUTORY
 LIMIT ON ANNUAL GROWTH. DRUG EXPENDITURES, HOWEVER, CONTINUALLY  OUTPACE
 OTHER COST COMPONENTS CAUSING SIGNIFICANT PRESSURE ON THE STATE, PROVID-
 ERS,  AND  PATIENT ACCESS OPERATING UNDER THE MEDICAID GLOBAL CAP. IT IS
 THEREFORE INTENDED THAT THE DEPARTMENT ESTABLISH A MEDICAID DRUG CAP  AS
 A SEPARATE COMPONENT WITHIN THE MEDICAID GLOBAL CAP AS PART OF A FOCUSED
 AND SUSTAINED EFFORT TO BALANCE THE GROWTH OF DRUG EXPENDITURES WITH THE
 GROWTH OF TOTAL MEDICAID EXPENDITURES.
   2.  THE  COMMISSIONER  SHALL  ESTABLISH  A  YEAR TO YEAR DEPARTMENT OF
 HEALTH STATE-FUNDS MEDICAID DRUG SPENDING GROWTH TARGET AS FOLLOWS:
   (A) FOR STATE FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO  THOUSAND  EIGH-
 TEEN,  BE  LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE MEDICAL COMPO-
 NENT OF THE CONSUMER PRICE INDEX PLUS FIVE PERCENT AND MINUS A  PHARMACY
 SAVINGS TARGET OF FIFTY-FIVE MILLION DOLLARS; AND
   (B)  FOR  STATE  FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINE-
 TEEN, BE LIMITED TO THE TEN-YEAR ROLLING AVERAGE OF THE  MEDICAL  COMPO-
 NENT  OF THE CONSUMER PRICE INDEX PLUS FOUR PERCENT AND MINUS A PHARMACY
 SAVINGS TARGET OF EIGHTY-FIVE MILLION DOLLARS.
   3. THE DEPARTMENT AND THE DIVISION OF THE BUDGET  SHALL  ASSESS  ON  A
 QUARTERLY BASIS THE PROJECTED TOTAL AMOUNT TO BE EXPENDED IN THE YEAR ON

 S. 2007--B                          5                         A. 3007--B
 
 A  CASH  BASIS  BY THE MEDICAID PROGRAM FOR EACH DRUG, AND THE PROJECTED
 ANNUAL AMOUNT OF DRUG EXPENDITURES FOR  ALL  DRUGS,  WHICH  SHALL  BE  A
 COMPONENT  OF  THE  PROJECTED  DEPARTMENT OF HEALTH STATE FUNDS MEDICAID
 EXPENDITURES  CALCULATED FOR PURPOSES OF SECTIONS NINETY-ONE AND NINETY-
 TWO OF PART H OF CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND  ELEVEN.
 FOR  PURPOSES  OF  THIS  SECTION, STATE FUNDS MEDICAID DRUG EXPENDITURES
 INCLUDE AMOUNTS EXPENDED FOR DRUGS IN BOTH THE MEDICAID  FEE-FOR-SERVICE
 AND MEDICAID MANAGED CARE PROGRAMS, MINUS THE AMOUNT OF ANY DRUG REBATES
 OR  SUPPLEMENTAL  DRUG  REBATES  RECEIVED  BY  THE DEPARTMENT, INCLUDING
 REBATES PURSUANT TO SUBDIVISION FIVE OF THIS  SECTION  WITH  RESPECT  TO
 REBATE TARGETS.
   (A) IN THE EVENT THE DIRECTOR OF THE BUDGET DETERMINES, BASED ON MEDI-
 CAID DRUG EXPENDITURES FOR THE PREVIOUS QUARTER OR OTHER RELEVANT INFOR-
 MATION,  THAT  THE  TOTAL DEPARTMENT OF HEALTH STATE FUNDS MEDICAID DRUG
 EXPENDITURE IS PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION  IMPOSED
 BY  SUBDIVISION  TWO  OF THIS SECTION, THE COMMISSIONER MAY IDENTIFY AND
 REFER DRUGS TO THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED BY  SECTION
 THREE HUNDRED SIXTY-NINE-BB OF THE SOCIAL SERVICES LAW FOR A RECOMMENDA-
 TION  AS TO WHETHER A TARGET SUPPLEMENTAL MEDICAID REBATE SHOULD BE PAID
 BY THE MANUFACTURER OF THE DRUG TO THE DEPARTMENT AND THE TARGET  AMOUNT
 OF THE REBATE.
   (B)  IF THE DEPARTMENT INTENDS TO REFER A DRUG TO THE DRUG UTILIZATION
 REVIEW BOARD PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE  DEPART-
 MENT  SHALL  NOTIFY  THE  MANUFACTURER OF SUCH DRUG AND SHALL ATTEMPT TO
 REACH AGREEMENT WITH THE MANUFACTURER ON A REBATE FOR THE DRUG PRIOR  TO
 REFERRING THE DRUG TO THE DRUG UTILIZATION REVIEW BOARD FOR REVIEW.
   (C)  IN  THE  EVENT  THAT  THE  COMMISSIONER AND THE MANUFACTURER HAVE
 PREVIOUSLY AGREED TO A SUPPLEMENTAL REBATE FOR A DRUG PURSUANT TO  PARA-
 GRAPH  (B)  OF THIS SUBDIVISION OR PARAGRAPH (E) OF SUBDIVISION SEVEN OF
 SECTION THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE DRUG
 SHALL NOT BE REFERRED TO THE  DRUG  UTILIZATION  REVIEW  BOARD  FOR  ANY
 FURTHER  SUPPLEMENTAL  REBATE  FOR  THE  DURATION OF THE PREVIOUS REBATE
 AGREEMENT.
   (D) THE DEPARTMENT SHALL CONSIDER A DRUG'S ACTUAL COST TO  THE  STATE,
 INCLUDING  CURRENT REBATE AMOUNTS, PRIOR TO SEEKING AN ADDITIONAL REBATE
 PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION AND SHALL TAKE INTO
 CONSIDERATION WHETHER THE MANUFACTURER OF THE DRUG IS PROVIDING  SIGNIF-
 ICANT DISCOUNTS RELATIVE TO OTHER DRUGS COVERED BY THE MEDICAID PROGRAM.
   (E) THE COMMISSIONER SHALL BE AUTHORIZED TO TAKE THE ACTIONS DESCRIBED
 IN  THIS  SECTION  ONLY  SO LONG AS TOTAL MEDICAID DRUG EXPENDITURES ARE
 PROJECTED TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED BY  SUBDIVISION
 TWO OF THIS SECTION.
   4.  IN  DETERMINING  WHETHER TO RECOMMEND A TARGET SUPPLEMENTAL REBATE
 FOR A DRUG, THE DRUG UTILIZATION REVIEW BOARD SHALL CONSIDER THE  ACTUAL
 COST  OF  THE  DRUG TO THE MEDICAID PROGRAM, INCLUDING FEDERAL AND STATE
 REBATES, AND MAY CONSIDER, AMONG OTHER THINGS:
   (A) THE DRUG'S IMPACT ON THE MEDICAID DRUG SPENDING GROWTH TARGET  AND
 THE  ADEQUACY OF CAPITATION RATES OF PARTICIPATING MEDICAID MANAGED CARE
 PLANS, AND THE DRUG'S AFFORDABILITY AND VALUE TO THE  MEDICAID  PROGRAM;
 OR
   (B) SIGNIFICANT AND UNJUSTIFIED INCREASES IN THE PRICE OF THE DRUG; OR
   (C) WHETHER THE DRUG MAY BE PRICED DISPROPORTIONATELY TO ITS THERAPEU-
 TIC BENEFITS.
   5. (A) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
 AMOUNT  ON  A  DRUG REFERRED BY THE COMMISSIONER, THE COMMISSIONER SHALL
 REQUIRE A SUPPLEMENTAL REBATE TO BE PAID BY THE DRUG'S  MANUFACTURER  IN

 S. 2007--B                          6                         A. 3007--B
 
 AN  AMOUNT  NOT  TO  EXCEED SUCH TARGET REBATE AMOUNT. WITH RESPECT TO A
 REBATE REQUIRED IN STATE FISCAL YEAR TWO THOUSAND  SEVENTEEN--TWO  THOU-
 SAND  EIGHTEEN,  THE  REBATE  REQUIREMENT SHALL APPLY BEGINNING WITH THE
 MONTH  OF  APRIL, TWO THOUSAND SEVENTEEN, WITHOUT REGARD TO THE DATE THE
 DEPARTMENT ENTERS INTO THE REBATE AGREEMENT WITH THE MANUFACTURER.
   (B) THE SUPPLEMENTAL REBATE REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
 SION SHALL APPLY TO DRUGS DISPENSED TO ENROLLEES OF MANAGED CARE PROVID-
 ERS PURSUANT  TO  SECTION  THREE  HUNDRED  SIXTY-FOUR-J  OF  THE  SOCIAL
 SERVICES  LAW  AND TO DRUGS DISPENSED TO MEDICAID RECIPIENTS WHO ARE NOT
 ENROLLEES OF SUCH PROVIDERS.
   (C) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS  A  TARGET  REBATE
 AMOUNT  FOR  A  DRUG  AND THE DEPARTMENT IS UNABLE TO NEGOTIATE A REBATE
 FROM THE MANUFACTURER IN AN AMOUNT THAT IS AT LEAST SEVENTY-FIVE PERCENT
 OF THE TARGET REBATE AMOUNT, THE COMMISSIONER IS AUTHORIZED TO WAIVE THE
 PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO  HUNDRED
 SEVENTY-THREE  OF  THIS ARTICLE AND THE PROVISIONS OF SUBDIVISIONS TWEN-
 TY-FIVE AND TWENTY-FIVE-A OF SECTION THREE HUNDRED SIXTY-FOUR-J  OF  THE
 SOCIAL  SERVICES  LAW  WITH  RESPECT  TO SUCH DRUG; HOWEVER, THIS WAIVER
 SHALL NOT BE IMPLEMENTED IN SITUATIONS WHERE IT WOULD PREVENT ACCESS  BY
 A MEDICAID RECIPIENT TO A DRUG WHICH IS THE ONLY TREATMENT FOR A PARTIC-
 ULAR DISEASE OR CONDITION.  UNDER NO CIRCUMSTANCES SHALL THE COMMISSION-
 ER  BE AUTHORIZED TO WAIVE SUCH PROVISIONS WITH RESPECT TO MORE THAN TWO
 DRUGS IN A GIVEN TIME.
   (D) WHERE THE DEPARTMENT AND A MANUFACTURER ENTER INTO A REBATE AGREE-
 MENT PURSUANT TO THIS SECTION, WHICH MAY  BE  IN  ADDITION  TO  EXISTING
 REBATE  AGREEMENTS  ENTERED INTO BY THE MANUFACTURER WITH RESPECT TO THE
 SAME DRUG, NO ADDITIONAL REBATES SHALL BE REQUIRED TO  BE  PAID  BY  THE
 MANUFACTURER TO A MANAGED CARE PROVIDER OR ANY OF A MANAGED CARE PROVID-
 ER'S  AGENTS, INCLUDING BUT NOT LIMITED TO ANY PHARMACY BENEFIT MANAGER,
 WHILE THE DEPARTMENT IS COLLECTING THE REBATE PURSUANT TO THIS SECTION.
   (E) IN FORMULATING A RECOMMENDATION CONCERNING A TARGET REBATE  AMOUNT
 FOR A DRUG, THE DRUG UTILIZATION REVIEW BOARD MAY CONSIDER:
   (I)  PUBLICLY  AVAILABLE  INFORMATION  RELEVANT  TO THE PRICING OF THE
 DRUG;
   (II) INFORMATION SUPPLIED BY THE DEPARTMENT RELEVANT TO THE PRICING OF
 THE DRUG;
   (III) INFORMATION RELATING TO VALUE-BASED PRICING;
   (IV) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR  CONDITION  THAT
 IS TREATED BY THE DRUG;
   (V) THE EXTENT OF UTILIZATION OF THE DRUG;
   (VI)  THE  EFFECTIVENESS  OF  THE  DRUG IN TREATING THE CONDITIONS FOR
 WHICH IT IS PRESCRIBED, OR IN IMPROVING A PATIENT'S HEALTH,  QUALITY  OF
 LIFE, OR OVERALL HEALTH OUTCOMES;
   (VII)  THE  LIKELIHOOD  THAT  USE OF THE DRUG WILL REDUCE THE NEED FOR
 OTHER MEDICAL CARE, INCLUDING HOSPITALIZATION;
   (VIII) THE AVERAGE WHOLESALE PRICE, WHOLESALE ACQUISITION COST, RETAIL
 PRICE OF THE DRUG, AND THE COST OF THE  DRUG  TO  THE  MEDICAID  PROGRAM
 MINUS REBATES RECEIVED BY THE STATE;
   (IX)  IN  THE  CASE  OF  GENERIC  DRUGS,  THE NUMBER OF PHARMACEUTICAL
 MANUFACTURERS THAT PRODUCE THE DRUG;
   (X) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG; AND
   (XI) INFORMATION SUPPLIED BY THE MANUFACTURER, IF ANY, EXPLAINING  THE
 RELATIONSHIP BETWEEN THE PRICING OF THE DRUG AND THE COST OF DEVELOPMENT
 OF  THE  DRUG  AND/OR  THE  THERAPEUTIC  BENEFIT OF THE DRUG, OR THAT IS
 OTHERWISE PERTINENT TO THE MANUFACTURER'S  PRICING  DECISION;  ANY  SUCH
 INFORMATION  PROVIDED  SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE

 S. 2007--B                          7                         A. 3007--B
 
 DISCLOSED BY THE DRUG UTILIZATION REVIEW BOARD IN A FORM THAT IDENTIFIES
 A SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH  MANUFACTUR-
 ER.
   6. (A) IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
 AMOUNT  AND  THE  DEPARTMENT  IS  UNSUCCESSFUL IN ENTERING INTO A REBATE
 AGREEMENT WITH THE MANUFACTURER OF THE DRUG SATISFACTORY TO THE  DEPART-
 MENT,  THE  DRUG MANUFACTURER SHALL IN THAT EVENT BE REQUIRED TO PROVIDE
 TO THE DEPARTMENT, ON A STANDARD REPORTING FORM DEVELOPED BY THE DEPART-
 MENT, THE FOLLOWING INFORMATION:
   (I) THE ACTUAL COST OF DEVELOPING, MANUFACTURING, PRODUCING (INCLUDING
 THE COST PER DOSE OF PRODUCTION), AND DISTRIBUTING THE DRUG;
   (II) RESEARCH AND DEVELOPMENT COSTS OF THE DRUG, INCLUDING PAYMENTS TO
 PREDECESSOR  ENTITIES  CONDUCTING  RESEARCH  AND  DEVELOPMENT,  SUCH  AS
 BIOTECHNOLOGY  COMPANIES,  UNIVERSITIES AND MEDICAL SCHOOLS, AND PRIVATE
 RESEARCH INSTITUTIONS;
   (III) ADMINISTRATIVE, MARKETING, AND ADVERTISING COSTS FOR  THE  DRUG,
 APPORTIONED  BY  MARKETING  ACTIVITIES  THAT  ARE DIRECTED TO CONSUMERS,
 MARKETING ACTIVITIES THAT ARE DIRECTED TO  PRESCRIBERS,  AND  THE  TOTAL
 COST  OF  ALL  MARKETING  AND  ADVERTISING THAT IS DIRECTED PRIMARILY TO
 CONSUMERS AND PRESCRIBERS IN NEW YORK,  INCLUDING  BUT  NOT  LIMITED  TO
 PRESCRIBER DETAILING, COPAYMENT DISCOUNT PROGRAMS, AND DIRECT-TO-CONSUM-
 ER MARKETING;
   (IV) THE EXTENT OF UTILIZATION OF THE DRUG;
   (V)  PRICES  FOR  THE  DRUG THAT ARE CHARGED TO PURCHASERS OUTSIDE THE
 UNITED STATES;
   (VI) PRICES CHARGED TO TYPICAL PURCHASERS IN THE STATE, INCLUDING  BUT
 NOT  LIMITED  TO  PHARMACIES,  PHARMACY CHAINS, PHARMACY WHOLESALERS, OR
 OTHER DIRECT PURCHASERS;
   (VII) THE AVERAGE REBATES AND DISCOUNTS PROVIDED PER PAYER TYPE IN THE
 STATE; AND
   (VIII) THE AVERAGE PROFIT MARGIN OF EACH DRUG OVER THE PRIOR FIVE-YEAR
 PERIOD AND THE PROJECTED PROFIT MARGIN ANTICIPATED FOR SUCH DRUG.
   (B) ALL INFORMATION DISCLOSED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT  BE  DISCLOSED  BY
 THE  DEPARTMENT  IN  A  FORM  THAT IDENTIFIES A SPECIFIC MANUFACTURER OR
 PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER.
   7. (A) IF, AFTER TAKING INTO  ACCOUNT  ALL  REBATES  AND  SUPPLEMENTAL
 REBATES  RECEIVED  BY THE DEPARTMENT, INCLUDING REBATES RECEIVED TO DATE
 PURSUANT TO THIS SECTION, TOTAL MEDICAID  DRUG  EXPENDITURES  ARE  STILL
 PROJECTED  TO EXCEED THE ANNUAL GROWTH LIMITATION IMPOSED BY SUBDIVISION
 TWO OF THIS SECTION, THE COMMISSIONER OF HEALTH MAY:  SUBJECT  DRUGS  TO
 PRIOR  APPROVAL  IN  ACCORDANCE  WITH EXISTING PROCESSES AND PROCEDURES,
 WHICH MAY INCLUDE ALL DRUGS OF A MANUFACTURER THAT HAS NOT ENTERED  INTO
 A  SUPPLEMENTAL  REBATE  AGREEMENT  REQUIRED  BY THIS SECTION; DIRECTING
 MANAGED CARE PLANS TO REMOVE FROM THEIR MEDICAID FORMULARIES THOSE DRUGS
 WITH RESPECT TO WHICH A MANUFACTURER HAS FAILED TO ENTER INTO  A  REBATE
 AGREEMENT  REQUIRED BY THIS SECTION; PROMOTING THE USE OF COST EFFECTIVE
 AND CLINICALLY APPROPRIATE DRUGS OTHER THAN THOSE OF A MANUFACTURER  WHO
 HAS  FAILED  TO  ENTER INTO A REBATE AGREEMENT REQUIRED BY THIS SECTION;
 ALLOWING MANUFACTURERS TO  ACCELERATE  REBATE  PAYMENTS  UNDER  EXISTING
 REBATE  CONTRACTS;  AND  SUCH  OTHER  ACTIONS  AS AUTHORIZED BY LAW. THE
 COMMISSIONER SHALL PROVIDE WRITTEN NOTICE TO THE LEGISLATURE THIRTY DAYS
 PRIOR TO TAKING ACTION PURSUANT TO  THIS  PARAGRAPH,  UNLESS  ACTION  IS
 NECESSARY  IN THE FOURTH QUARTER OF A FISCAL YEAR TO PREVENT TOTAL MEDI-
 CAID DRUG EXPENDITURES FROM EXCEEDING THE LIMITATION IMPOSED BY SUBDIVI-

 S. 2007--B                          8                         A. 3007--B
 
 SION TWO OF THIS SECTION, IN WHICH CASE SUCH NOTICE TO  THE  LEGISLATURE
 MAY BE LESS THAN THIRTY DAYS.
   (B) THE COMMISSIONER SHALL BE AUTHORIZED TO TAKE THE ACTIONS DESCRIBED
 IN PARAGRAPH (A) OF THIS SUBDIVISION ONLY SO LONG AS TOTAL MEDICAID DRUG
 EXPENDITURES  ARE  PROJECTED  TO  EXCEED  THE  ANNUAL  GROWTH LIMITATION
 IMPOSED BY SUBDIVISION TWO OF  THIS  SECTION.    IN  ADDITION,  NO  SUCH
 ACTIONS  SHALL BE DEEMED TO SUPERSEDE THE PROVISIONS OF PARAGRAPH (B) OF
 SUBDIVISION THREE OF SECTION TWO HUNDRED SEVENTY-THREE OF  THIS  ARTICLE
 OR  THE  PROVISIONS  OF  SUBDIVISIONS  TWENTY-FIVE  AND TWENTY-FIVE-A OF
 SECTION THREE HUNDRED SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, EXCEPT AS
 ALLOWED BY PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS  SECTION;  PROVIDED
 FURTHER  THAT NOTHING IN THIS SECTION SHALL PREVENT ACCESS BY A MEDICAID
 RECIPIENT TO A DRUG WHICH IS THE ONLY TREATMENT FOR A PARTICULAR DISEASE
 OR CONDITION.
   § 2. Subdivisions 1 and 2 of section 369-bb  of  the  social  services
 law,  as  amended  by  section 20 of part A of chapter 56 of the laws of
 2013, are amended to read as follows:
   1. A [nineteen-member]  TWENTY-THREE-MEMBER  drug  utilization  review
 board  is hereby created in the department. The board is responsible for
 the establishment and implementation of medical standards  and  criteria
 for the retrospective and prospective DUR program.
   2. The members of the DUR board shall be appointed by the commissioner
 and  shall  serve a three-year term. Members may be reappointed upon the
 completion of other terms. The membership  shall  be  comprised  of  the
 following:
   (a) Six persons licensed and actively engaged in the practice of medi-
 cine  in  the  state,  with  expertise  in  the  areas of mental health,
 HIV/AIDS, geriatrics, pediatrics or internal medicine  and  who  may  be
 selected  based  on input from professional associations and/or advocacy
 groups in New York state.
   (b) Six persons licensed and actively practicing in  pharmacy  in  the
 state  who may be selected based on input from professional associations
 and/or advocacy groups in New York state.
   (c) Two persons with expertise in  drug  utilization  review  who  are
 health care professionals licensed under Title VIII of the education law
 at least one of whom is a pharmacologist.
   (d)  Three  persons  that are consumers or consumer representatives of
 organizations with a regional or statewide  constituency  and  who  have
 been  involved  in  activities related to health care consumer advocacy,
 including issues affecting Medicaid or EPIC recipients.
   (e) One person licensed and actively practicing as a nurse practition-
 er or midwife.
   (f) TWO PERSONS WHO ARE HEALTH CARE ECONOMISTS.
   (G) ONE PERSON WHO IS AN ACTUARY.
   (H) ONE PERSON REPRESENTING THE DEPARTMENT OF FINANCIAL SERVICES.
   (I) The commissioner shall designate a person from the  department  to
 serve as chairperson of the board.
   §  3.  Paragraphs (g), (h), and (i) of subdivision 8 of section 369-bb
 of the social services law are relettered paragraphs (h), (i),  and  (j)
 and a new paragraph (g) is added to read as follows:
   (G) THE EVALUATION OF SPECIFIC DRUGS SUBMITTED TO THE BOARD FOR REVIEW
 PURSUANT TO SECTION TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW, AND THE
 FORMULATION  OF  RECOMMENDED  TARGET SUPPLEMENTAL REBATES, IN ACCORDANCE
 WITH THE STANDARDS ESTABLISHED IN SUCH SECTION.
   § 4. Intentionally omitted.
   § 5. Intentionally omitted.

 S. 2007--B                          9                         A. 3007--B
 
   § 6. Intentionally omitted.
   § 7. The opening paragraph and subparagraphs (i) and (ii) of paragraph
 (b)  and  paragraph  (d) of subdivision 9 of section 367-a of the social
 services law, the opening paragraph and  paragraph  (d)  as  amended  by
 chapter  19 of the laws of 1998, subparagraphs (i) and (ii) of paragraph
 (b) as amended by section 2 of part C of chapter 60 of the laws of 2014,
 subparagraph (i) of paragraph (d) as amended by section 10-a of  part  H
 of chapter 59 of the laws of 2011 and subparagraph (ii) of paragraph (d)
 as  amended  by  section 48 of part C of chapter 58 of the laws of 2009,
 are amended to read as follows:
   Notwithstanding any inconsistent provision of law or regulation to the
 contrary,  for  those  drugs  which  may  not  be  dispensed  without  a
 prescription  as  required  by  section  sixty-eight  hundred ten of the
 education law and for which payment is authorized pursuant to  paragraph
 (g)  of  subdivision  two  of section three hundred sixty-five-a of this
 title, AND FOR THOSE DRUGS THAT ARE AVAILABLE WITHOUT A PRESCRIPTION  AS
 REQUIRED BY SECTION SIXTY-EIGHT HUNDRED TEN OF THE EDUCATION LAW BUT ARE
 REIMBURSED  AS  ITEMS OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION FOUR OF SECTION THREE HUNDRED SIXTY-FIVE-A  OF  THIS  TITLE,
 payments under this title shall be made at the following amounts:
   (i)  [if the drug dispensed is a multiple source prescription drug for
 which an upper limit has been set by the federal  centers  for  medicare
 and medicaid services, the lower of: (A) an amount equal to the specific
 upper  limit  set  by  such  federal  agency  for  the  multiple  source
 prescription drug; (B) the estimated acquisition cost of  such  drug  to
 pharmacies  which,  for  purposes  of  this subparagraph, shall mean the
 average wholesale price of a prescription drug based on the package size
 dispensed from, as reported by the  prescription  drug  pricing  service
 used  by the department, less twenty-five percent thereof; (C) the maxi-
 mum acquisition cost, if any, established pursuant to paragraph  (e)  of
 this  subdivision,  provided that the methodology used by the department
 to establish a maximum acquisition cost shall not include average acqui-
 sition cost as determined by department surveys; or (D)  the  dispensing
 pharmacy's usual and customary price charged to the general public; and]
 (A)  IF THE DRUG DISPENSED IS A GENERIC PRESCRIPTION DRUG, THE LOWER OF:
 (1) AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET BY
 THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG,  IF
 ANY,  OR IF SUCH AMOUNT IF NOT AVAILABLE, THE WHOLESALE ACQUISITION COST
 OF THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM, AS REPORTED BY THE
 PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS SEVENTEEN
 AND ONE-HALF PERCENT THEREOF; (2)  THE  FEDERAL  UPPER  LIMIT,  IF  ANY,
 ESTABLISHED  BY  THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES;
 (3) THE STATE MAXIMUM ACQUISITION COST, IF ANY, ESTABLISHED PURSUANT  TO
 PARAGRAPH  (E)  OF  THIS  SUBDIVISION;  OR (4) THE DISPENSING PHARMACY'S
 USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; (B) IF THE DRUG
 DISPENSED IS AVAILABLE WITHOUT A PRESCRIPTION  AS  REQUIRED  BY  SECTION
 SIXTY-EIGHT  HUNDRED  TEN  OF  THE EDUCATION LAW BUT IS REIMBURSED AS AN
 ITEM OF MEDICAL ASSISTANCE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR
 OF SECTION THREE HUNDRED SIXTY-FIVE-A OF THIS TITLE, THE LOWER OF (1) AN
 AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST  SET  BY  THE
 FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE DRUG, IF ANY,
 OR  IF  SUCH  AMOUNT IS NOT AVAILABLE, THE WHOLESALE ACQUISITION COST OF
 THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM, AS  REPORTED  BY  THE
 PRESCRIPTION DRUG PRICING SERVICE USED BY THE DEPARTMENT, (2) THE FEDER-
 AL  UPPER LIMIT, IF ANY, ESTABLISHED BY THE FEDERAL CENTERS FOR MEDICARE
 AND MEDICAID SERVICES; (3) THE STATE MAXIMUM ACQUISITION  COST  IF  ANY,

 S. 2007--B                         10                         A. 3007--B
 
 ESTABLISHED  PURSUANT  TO  PARAGRAPH (E) OF THIS SUBDIVISION; OR (4) THE
 DISPENSING PHARMACY'S USUAL AND CUSTOMARY PRICE CHARGED TO  THE  GENERAL
 PUBLIC;
   (ii) if the drug dispensed is [a multiple source prescription drug or]
 a  brand-name  prescription  drug [for which no specific upper limit has
 been set by such federal agency], the lower of [the  estimated  acquisi-
 tion  cost of such drug to pharmacies or the dispensing pharmacy's usual
 and customary price charged to the general public. For sole and multiple
 source brand name drugs, estimated acquisition cost  means  the  average
 wholesale  price  of  a  prescription  drug  based upon the package size
 dispensed from, as reported by the  prescription  drug  pricing  service
 used  by the department, less seventeen percent thereof or the wholesale
 acquisition  cost  of  a  prescription  drug  based  upon  package  size
 dispensed  from,  as  reported  by the prescription drug pricing service
 used by the department, minus  zero  and  forty-one  hundredths  percent
 thereof,  and  updated  monthly  by  the department. For multiple source
 generic drugs, estimated acquisition cost means the lower of the average
 wholesale price of  a  prescription  drug  based  on  the  package  size
 dispensed  from,  as  reported  by the prescription drug pricing service
 used by the department, less twenty-five percent thereof, or the maximum
 acquisition cost, if any, established pursuant to paragraph (e) of  this
 subdivision,  provided  that  the  methodology used by the department to
 establish a maximum acquisition cost shall not include average  acquisi-
 tion cost as determined by department surveys.]:
   (A)  AN AMOUNT EQUAL TO THE NATIONAL AVERAGE DRUG ACQUISITION COST SET
 BY THE FEDERAL CENTERS FOR MEDICARE AND MEDICAID SERVICES FOR THE  DRUG,
 IF  ANY,  OR  IF SUCH AMOUNT IS NOT AVAILABLE, THE WHOLESALE ACQUISITION
 COST OF THE DRUG BASED ON THE PACKAGE SIZE DISPENSED FROM,  AS  REPORTED
 BY  THE  PRESCRIPTION  DRUG PRICING SERVICE USED BY THE DEPARTMENT, LESS
 THREE AND THREE-TENTHS PERCENT THEREOF; OR (B) THE DISPENSING PHARMACY'S
 USUAL AND CUSTOMARY PRICE CHARGED TO THE GENERAL PUBLIC; AND
   (d) In addition to the amounts paid pursuant to paragraph (b) of  this
 subdivision  [to  pharmacies  for those drugs which may not be dispensed
 without a prescription, as required by section sixty-eight  hundred  ten
 of  the  education  law  and for which payment is authorized pursuant to
 paragraph (g) of subdivision two of section three  hundred  sixty-five-a
 of  this  title],  the  department  shall  pay  a  PROFESSIONAL pharmacy
 dispensing fee for  each  such  [prescription]  drug  dispensed[,  which
 dispensing fee shall not be less than the following amounts:
   (i)  for prescription drugs categorized as generic by the prescription
 drug pricing service used by the department,  three  dollars  and  fifty
 cents per prescription; and
   (ii)  for  prescription  drugs  categorized as brand-name prescription
 drugs by the prescription drug pricing service used by  the  department,
 three  dollars and fifty cents per prescription, provided, however, that
 for brand name prescription drugs reimbursed  pursuant  to  subparagraph
 (ii)  of  paragraph  (a-1)  of subdivision four of section three hundred
 sixty-five-a of this title, the dispensing fee shall be four dollars and
 fifty  cents  per  prescription]  IN  THE  AMOUNT  OF  TEN  DOLLARS  PER
 PRESCRIPTION  OR WRITTEN ORDER OF A PRACTITIONER; PROVIDED, HOWEVER THAT
 THIS PROFESSIONAL DISPENSING FEE WILL NOT APPLY TO DRUGS THAT ARE AVAIL-
 ABLE WITHOUT A PRESCRIPTION AS REQUIRED BY SECTION  SIXTY-EIGHT  HUNDRED
 TEN  OF  THE  EDUCATION  LAW BUT DO NOT MEET THE DEFINITION OF A COVERED
 OUTPATIENT DRUG PURSUANT TO SECTION 1927K OF THE SOCIAL SECURITY ACT.
   § 8. It shall be an unacceptable  practice  in  the  Medicaid  program
 established pursuant to title 11 of article 5 of the social services law

 S. 2007--B                         11                         A. 3007--B
 
 for  a provider to prescribe opioids in violation of the requirements of
 paragraph (g-1) of subdivision 2  of  section  365-a  of  such  law,  in
 violation  of  any  other  applicable  law  limiting  or restricting the
 prescribing of opioids, and/or contrary to recommendations issued by the
 drug  utilization  review  board  established  by  section 369-bb of the
 social services law, and such practice may result in the provider  being
 excluded  from  participation  in the Medicaid program.  No exclusion or
 other sanction of a Medicaid provider pursuant to this section shall  be
 imposed except in accordance with the requirements of parts 515, 517 and
 519  of title 18 of the codes, rules and regulations of the State of New
 York (NYCRR), and nothing herein shall be construed as limiting the  due
 process  rights  or  legal remedies that would otherwise be available to
 such a provider.
   § 9. Paragraph (g-1) of subdivision 2 of section 365-a of  the  social
 services  law,  as  amended  by section 5 of part C of chapter 60 of the
 laws of 2014, is amended to read as follows:
   (g-1) drugs provided on an in-patient basis, those drugs contained  on
 the  list established by regulation of the commissioner of health pursu-
 ant to subdivision four of this section, and those drugs which  may  not
 be  dispensed  without a prescription as required by section sixty-eight
 hundred ten of the education law and which the  commissioner  of  health
 shall determine to be reimbursable based upon such factors as the avail-
 ability  of  such  drugs  or  alternatives at low cost if purchased by a
 medicaid recipient, or the essential nature of such drugs  as  described
 by such commissioner in regulations, provided, however, that such drugs,
 exclusive  of long-term maintenance drugs, shall be dispensed in quanti-
 ties no greater than a thirty day supply or one hundred doses, whichever
 is greater; provided further that the commissioner of health is  author-
 ized  to  require  prior  authorization for any refill of a prescription
 when more than a ten day  supply  of  the  previously  dispensed  amount
 should  remain  were  the  product used as normally indicated, OR IN THE
 CASE OF A CONTROLLED  SUBSTANCE,  AS  DEFINED  IN  SECTION  THIRTY-THREE
 HUNDRED  TWO OF THE PUBLIC HEALTH LAW, WHEN MORE THAN A SEVEN DAY SUPPLY
 OF THE PREVIOUSLY DISPENSED AMOUNT SHOULD REMAIN WERE THE  PRODUCT  USED
 AS  NORMALLY INDICATED; provided further that the commissioner of health
 is authorized to require prior authorization of prescriptions of  opioid
 analgesics  in  excess  of  four prescriptions in a thirty-day period in
 accordance with section two hundred seventy-three of the  public  health
 law;  medical  assistance  shall  not include any drug provided on other
 than an in-patient basis for which a recipient is charged or a claim  is
 made  in the case of a prescription drug, in excess of the maximum reim-
 bursable amounts to be established by department regulations in  accord-
 ance  with  standards  established by the secretary of the United States
 department of health and human services, or, in the case of a  drug  not
 requiring  a  prescription, in excess of the maximum reimbursable amount
 established by the commissioner of health pursuant to paragraph  (a)  of
 subdivision four of this section;
   § 10. Intentionally omitted.
   § 11. Intentionally omitted.
   § 12. Intentionally omitted.
   § 13. Intentionally omitted.
   § 14. Intentionally omitted.
   § 15. Intentionally omitted.
   §  16. Subparagraph (iii) of paragraph (c) of subdivision 6 of section
 367-a of the social services law, as amended by section 9 of part  C  of
 chapter 60 of the laws of 2014, is amended to read as follows:

 S. 2007--B                         12                         A. 3007--B

   (iii)  Notwithstanding  any other provision of this paragraph, co-pay-
 ments charged for each generic prescription drug dispensed shall be  one
 dollar  and  for  each  brand  name prescription drug dispensed shall be
 [three dollars] TWO DOLLARS AND FIFTY CENTS; provided, however, that the
 co-payments  charged  for  [each  brand  name  prescription  drug on the
 preferred drug list established pursuant to section two  hundred  seven-
 ty-two of the public health law or, for managed care providers operating
 pursuant  to  section three hundred sixty-four-j of this title, for each
 brand name prescription drug on a managed care provider's formulary that
 such provider has designated as a preferred drug,  and  the  co-payments
 charged  for]  each  brand name prescription drug reimbursed pursuant to
 subparagraph (ii) of paragraph (a-1)  of  subdivision  four  of  section
 three hundred sixty-five-a of this title shall be one dollar.
   §  17.  Subparagraphs  1  and  5  of paragraph (f) of subdivision 7 of
 section 367-a of the social services law, as added by section 11 of part
 B of chapter 59 of the laws of 2016, are amended to read as follows:
   (1) The department may  require  manufacturers  of  drugs  other  than
 single  source  drugs and innovator multiple source drugs, as such terms
 are defined in 42 U.S.C. § 1396r-8(k), to provide rebates to the depart-
 ment for any drug that has increased more than three hundred percent  of
 its  state  maximum  acquisition  cost  (SMAC)[, on or after] DURING THE
 PERIOD April 1, 2016 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN,
 OR THAT HAS INCREASED MORE THAN SEVENTY-FIVE PERCENT OF ITS SMAC  ON  OR
 AFTER  APRIL FIRST, TWO THOUSAND SEVENTEEN, in comparison to its SMAC at
 any time during the course of the preceding twelve months. The  required
 rebate  shall be limited to the amount by which the current SMAC for the
 drug exceeds [three hundred percent] THE APPLICABLE  PERCENTAGE  of  the
 SMAC  for  the  same drug at any time during the course of the preceding
 twelve months. Such rebates shall be in addition to any rebates  payable
 to  the  department  pursuant to any other provision of federal or state
 law. Nothing herein shall affect the department's  obligation  to  reim-
 burse  for  covered  outpatient  drugs pursuant to paragraph (d) of this
 subdivision.
   (5) Beginning in two thousand seventeen, the department shall  provide
 an annual report to the legislature no later than February first setting
 forth:
   (i) The number of drugs that exceeded the ceiling price established in
 this  paragraph during the preceding year in comparison to the number of
 drugs that experienced at least a three hundred percent  price  increase
 during  two  thousand  fourteen  and two thousand fifteen, OR AT LEAST A
 SEVENTY-FIVE PERCENT PRICE INCREASE DURING TWO THOUSAND FIFTEEN AND  TWO
 THOUSAND SIXTEEN;
   (ii)  The average percent amount above the ceiling price of drugs that
 exceeded the ceiling price in the preceding year in  comparison  to  the
 number  of  drugs  that  experienced  a  price  increase more than three
 hundred percent during two thousand fourteen and two  thousand  fifteen,
 OR  AT  LEAST  A SEVENTY-FIVE PERCENT PRICE INCREASE DURING TWO THOUSAND
 FIFTEEN AND TWO THOUSAND SIXTEEN;
   (iii) The number of generic drugs available to enrollees  in  Medicaid
 fee  for  service  or  Medicaid  managed care, by fiscal quarter, in the
 preceding year in comparison to the drugs available, by fiscal  quarter,
 during  two thousand fourteen [and], two thousand fifteen, AND TWO THOU-
 SAND SIXTEEN; and
   (iv) The total drug spend on generic drugs for the preceding  year  in
 comparison  to the total drug spend on generic drugs during two thousand
 fourteen [and], two thousand fifteen, AND TWO THOUSAND SIXTEEN.

 S. 2007--B                         13                         A. 3007--B

   § 18.  Severability. If any clause, sentence, paragraph,  or  subdivi-
 sion  of this section shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the clause, sentence, paragraph, or subdivision directly involved in the
 controversy in which such judgment shall have been rendered. It is here-
 by  declared to be the intent of the legislature that this section would
 have been enacted even if such invalid provisions had not been  included
 herein.
   §  19.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that sections nine, sixteen, and seventeen of  this  act  shall
 take  effect  July  1,  2017;  provided, further, that the amendments to
 paragraph (c) of subdivision 6 of section 367-a of the  social  services
 law  made  by section sixteen of this act shall not affect the repeal of
 such  paragraph  and  shall  be  deemed  repealed  therewith;  provided,
 further,  that  the  amendments  to  paragraph  (f)  of subdivision 7 of
 section 367-a of the social services law made by  section  seventeen  of
 this  act  shall  not  affect  the repeal of such paragraph and shall be
 deemed repealed therewith; and provided, further, that the amendments to
 subdivision 9 of section 367-a  of  the  social  services  law  made  by
 section seven of this act shall not affect the expiration of such subdi-
 vision and shall be deemed to expire therewith.
 
                                  PART E
 
   Section  1.    Section  365-f of the social services law is amended by
 adding two new subdivisions 4-a and 4-b to read as follows:
   4-A. FISCAL INTERMEDIARY  SERVICES.  (A)  FOR  THE  PURPOSES  OF  THIS
 SECTION:
   (I)  "FISCAL INTERMEDIARY" MEANS AN ENTITY THAT PROVIDES FISCAL INTER-
 MEDIARY SERVICES AND HAS A CONTRACT FOR PROVIDING SUCH SERVICES WITH:
   (A) A LOCAL DEPARTMENT OF SOCIAL SERVICES;
   (B) AN ORGANIZATION LICENSED UNDER ARTICLE FORTY-FOUR  OF  THE  PUBLIC
 HEALTH LAW; OR
   (C)  AN  ACCOUNTABLE CARE ORGANIZATION CERTIFIED UNDER ARTICLE TWENTY-
 NINE-E OF THE  PUBLIC  HEALTH  LAW  OR  AN  INTEGRATED  DELIVERY  SYSTEM
 COMPOSED PRIMARILY OF HEALTH CARE PROVIDERS RECOGNIZED BY THE DEPARTMENT
 AS  A PERFORMING PROVIDER SYSTEM UNDER THE DELIVERY SYSTEM REFORM INCEN-
 TIVE PAYMENT PROGRAM.
   (II)  FISCAL  INTERMEDIARY  SERVICES  SHALL  INCLUDE   THE   FOLLOWING
 SERVICES,  PERFORMED  ON BEHALF OF THE CONSUMER TO FACILITATE HIS OR HER
 ROLE AS THE EMPLOYER:
   (A) WAGE AND BENEFIT PROCESSING FOR CONSUMER DIRECTED PERSONAL ASSIST-
 ANTS;
   (B) PROCESSING ALL INCOME TAX AND OTHER REQUIRED WAGE WITHHOLDINGS;
   (C) COMPLYING WITH WORKERS' COMPENSATION, DISABILITY AND  UNEMPLOYMENT
 REQUIREMENTS;
   (D)  MAINTAINING PERSONNEL RECORDS FOR EACH CONSUMER DIRECTED PERSONAL
 ASSISTANT, INCLUDING TIME SHEETS  AND  OTHER  DOCUMENTATION  NEEDED  FOR
 WAGES  AND  BENEFIT  PROCESSING  AND A COPY OF THE MEDICAL DOCUMENTATION
 REQUIRED PURSUANT TO REGULATIONS ESTABLISHED BY THE COMMISSIONER;
   (E) ENSURING THAT THE HEALTH STATUS OF EACH CONSUMER DIRECTED PERSONAL
 ASSISTANT IS ASSESSED PRIOR TO SERVICE DELIVERY PURSUANT TO  REGULATIONS
 ISSUED BY THE COMMISSIONER;
   (F) MAINTAINING RECORDS OF SERVICE AUTHORIZATIONS OR REAUTHORIZATIONS;

 S. 2007--B                         14                         A. 3007--B
 
   (G) MONITORING THE CONSUMER'S OR, IF APPLICABLE, THE DESIGNATED REPRE-
 SENTATIVE'S  CONTINUING  ABILITY  TO FULFILL THE CONSUMER'S RESPONSIBIL-
 ITIES UNDER THE PROGRAM AND PROMPTLY NOTIFYING THE AUTHORIZING ENTITY OF
 ANY CIRCUMSTANCE THAT MAY AFFECT THE CONSUMER'S OR, IF  APPLICABLE,  THE
 DESIGNATED REPRESENTATIVE'S ABILITY TO FULFILL SUCH RESPONSIBILITIES;
   (H)  COMPLYING WITH REGULATIONS ESTABLISHED BY THE COMMISSIONER SPECI-
 FYING THE RESPONSIBILITIES OF FISCAL INTERMEDIARIES  PROVIDING  SERVICES
 UNDER THIS TITLE; AND
   (I)  ENTERING  INTO  A DEPARTMENT APPROVED MEMORANDUM OF UNDERSTANDING
 WITH THE CONSUMER THAT DESCRIBES  THE  PARTIES'  RESPONSIBILITIES  UNDER
 THIS PROGRAM.
   (III) FISCAL INTERMEDIARIES ARE NOT RESPONSIBLE FOR, AND FISCAL INTER-
 MEDIARY  SERVICES SHALL NOT INCLUDE, FULFILLMENT OF THE RESPONSIBILITIES
 OF THE CONSUMER OR, IF APPLICABLE, THE CONSUMER'S  DESIGNATED  REPRESEN-
 TATIVE  AS  ESTABLISHED  BY  THE  COMMISSIONER.  A FISCAL INTERMEDIARY'S
 RESPONSIBILITIES SHALL NOT INCLUDE, AND A FISCAL INTERMEDIARY SHALL  NOT
 ENGAGE  IN:  MANAGING THE PLAN OF CARE INCLUDING RECRUITING AND HIRING A
 SUFFICIENT NUMBER OF INDIVIDUALS WHO MEET  THE  DEFINITION  OF  CONSUMER
 DIRECTED  PERSONAL ASSISTANT, AS SUCH TERM IS DEFINED BY THE COMMISSION-
 ER, TO PROVIDE AUTHORIZED SERVICES THAT ARE INCLUDED ON  THE  CONSUMER'S
 PLAN  OF  CARE;  TRAINING,  SUPERVISING  AND  SCHEDULING  EACH  CONSUMER
 DIRECTED PERSONAL ASSISTANT; TERMINATING THE CONSUMER DIRECTED  PERSONAL
 ASSISTANT'S EMPLOYMENT; OR ASSURING THAT EACH CONSUMER DIRECTED PERSONAL
 ASSISTANT  COMPETENTLY  AND  SAFELY PERFORMS THE PERSONAL CARE SERVICES,
 HOME HEALTH AIDE SERVICES AND SKILLED NURSING TASKS THAT ARE INCLUDED ON
 THE CONSUMER'S PLAN  OF  CARE.  A  FISCAL  INTERMEDIARY  SHALL  EXERCISE
 REASONABLE  CARE IN PROPERLY CARRYING OUT ITS RESPONSIBILITIES UNDER THE
 PROGRAM.
   (B) NO ENTITY SHALL PROVIDE,  DIRECTLY  OR  THROUGH  CONTRACT,  FISCAL
 INTERMEDIARY  SERVICES WITHOUT AN AUTHORIZATION AS A FISCAL INTERMEDIARY
 ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
   (C) AN APPLICATION FOR AUTHORIZATION AS A FISCAL INTERMEDIARY SHALL BE
 FILED WITH THE COMMISSIONER, TOGETHER WITH SUCH OTHER FORMS AND INFORMA-
 TION AS SHALL BE PRESCRIBED BY, OR ACCEPTABLE TO THE COMMISSIONER.  SUCH
 INFORMATION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  THE  NAME  AND  EMPLOYER  IDENTIFICATION  NUMBER,  OF THE ENTITY,
 INCLUDING ANY SUBSIDIARY CORPORATIONS, IF APPLICABLE, AND ANY NAME UNDER
 WHICH THE ENTITY DOES BUSINESS;
   (II) ALL ADDRESSES AT WHICH THE ORGANIZATION OPERATES;
   (III) THE NAMES, TITLES AND CONTACT INFORMATION OF  ALL  OFFICERS  AND
 DIRECTORS  IN  A  NOT-FOR-PROFIT  COMPANY  OR BUSINESS, OR MANAGERS IN A
 LIMITED LIABILITY COMPANY, AS WELL AS THE NAME AND EMPLOYMENT HISTORY OF
 THE INDIVIDUAL ULTIMATELY ACCOUNTABLE FOR OPERATION OF THE FISCAL INTER-
 MEDIARY; AND FOR A NOT-FOR-PROFIT ENTITY, THE NUMBER OF  DIRECTOR  POSI-
 TIONS SET BY THE COMPANY'S BY-LAWS, AND HOW MANY ARE CURRENTLY FILLED;
   (IV)  A  HISTORY  OF  THE  ORGANIZATION, ALONG WITH AN OVERVIEW OF THE
 ORGANIZATION AND ALL SERVICES IT  OFFERS,  INCLUDING  ANY  RELATIONSHIPS
 WITH  OUTSIDE  AGENCIES THAT MAY INFLUENCE IN ANY WAY THE ABILITY OF THE
 ORGANIZATION TO PROVIDE FISCAL INTERMEDIARY SERVICES CONSISTENT WITH THE
 MANNER DESCRIBED IN ITS APPLICATION;
   (V) ALL POLICIES AND PROCEDURES OF THE FISCAL INTERMEDIARY,  INCLUDING
 ANY CONTRACTS OR OTHER DOCUMENTS USED IN COMMUNICATIONS WITH CONSUMERS;
   (VI)  PLANS  TO  SOLICIT  AND  CONSIDER INPUT FROM THE FISCAL INTERME-
 DIARY'S CONSUMERS,  STAFF,  PERSONAL  ASSISTANTS  AND  OTHER  INTERESTED
 PARTIES  WHICH  MAY BE CHARGED WITH ROLES INCLUDING, BUT NOT LIMITED TO,
 QUALITY ASSURANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR

 S. 2007--B                         15                         A. 3007--B
 
 ESTABLISHING AND RESPONDING TO COMMUNITY NEEDS; SUCH INPUT MAY BE IN THE
 FORM OF A BOARD OF DIRECTORS, COMMITTEE,  SURVEY,  OR  OTHER  MECHANISM,
 PROVIDED  THAT  THE  MAJORITY  OF INPUT OBTAINED AS PART OF THIS PROCESS
 MUST  BE  FROM INDIVIDUAL CONSUMERS AND CONSUMER ADVOCATES OF THE FISCAL
 INTERMEDIARY;
   (VII) THE ORGANIZATION'S PLAN TO ADDRESS THE NEEDS  OF  CONSUMERS  AND
 THEIR  PERSONAL  ASSISTANTS IN A TIMELY MANNER, REGARDLESS OF WHERE THEY
 LIVE, INCLUDING, BUT NOT LIMITED TO,  INPUT  FROM  CONSUMERS,  OBTAINING
 PHYSICALS AND OTHER HEALTH INFORMATION FROM PERSONAL ASSISTANTS, OBTAIN-
 ING TIME RECORDS FOR PAYROLL, AND TIMELY PROCESSING OF PAYROLL; AND
   (VIII)  A WRITTEN SWORN STATEMENT BY AN OFFICER OF THE ENTITY DISCLOS-
 ING  ANY  PENDING  LITIGATION,  UNSATISFIED  JUDGMENTS   OR   PENALTIES,
 CONVICTIONS FOR FRAUD OR SANCTIONS IMPOSED BY GOVERNMENT AUTHORITIES.
   (D)  THE ENTITY SHALL REASONABLY PROMPTLY NOTIFY THE DEPARTMENT OF ANY
 CHANGE IN THE INFORMATION SUBMITTED TO THE DEPARTMENT FOR  AUTHORIZATION
 UNDER THIS SUBDIVISION.
   (E)  THE  COMMISSIONER  SHALL  NOT APPROVE AN APPLICATION FOR AUTHORI-
 ZATION UNLESS HE OR SHE IS SATISFIED AS TO THE CHARACTER, COMPETENCE AND
 STANDING IN THE COMMUNITY OF THE APPLICANT'S  INCORPORATORS,  DIRECTORS,
 SPONSORS, STOCKHOLDERS OR OPERATORS AND FINDS THAT THE PERSONNEL, RULES,
 CONSUMER  CONTRACTS  OR AGREEMENTS, AND FISCAL INTERMEDIARY SERVICES ARE
 FIT AND ADEQUATE, AND THAT THE  FISCAL  INTERMEDIARY  SERVICES  WILL  BE
 PROVIDED  IN  THE  MANNER REQUIRED BY THIS SUBDIVISION AND THE RULES AND
 REGULATIONS HEREUNDER, IN A MANNER DETERMINED BY THE COMMISSIONER.
   (F) THE COMMISSIONER MAY CONTRACT  WITH  AN  ENTITY  WITH  APPROPRIATE
 KNOWLEDGE,  EXPERTISE  AND  EXPERIENCE POSSESSING EXTENSIVE KNOWLEDGE OF
 CONSUMER DIRECTED PERSONAL ASSISTANCE FISCAL INTERMEDIARY  SERVICES  AND
 WHICH HAS A HISTORY OF PROVIDING SIMILAR SERVICES IN RELATION TO A SELF-
 DIRECTED PROGRAM TO DEVELOP AND TO ASSIST THE COMMISSIONER IN EVALUATING
 APPLICANTS FOR AUTHORIZATIONS OR READINESS REVIEWS TO BE A FISCAL INTER-
 MEDIARY.
   (G)  NEITHER PUBLIC NEED, TAX STATUS NOR PROFIT-MAKING STATUS SHALL BE
 A CRITERION FOR AUTHORIZATION UNDER  THIS  SUBDIVISION.    STATUS  AS  A
 LICENSED  HOME  CARE  SERVICES AGENCY OR OTHER HEALTH PROVIDER SHALL NOT
 POSITIVELY OR NEGATIVELY AFFECT AN APPLICATION FOR  AUTHORIZATION  UNDER
 THIS  SUBDIVISION.    AN  ORGANIZATION  AUTHORIZED  PURSUANT  TO ARTICLE
 FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT BE A FISCAL INTERMEDIARY.
   (H) AN AUTHORIZATION UNDER THIS SUBDIVISION SHALL LAST FOR A PERIOD OF
 FIVE YEARS. UPON APPLICATION FOR  A  RENEWAL,  THE  FISCAL  INTERMEDIARY
 SHALL SUBMIT UP TO DATE INFORMATION TO THE COMMISSIONER.
   4-B. ACTIONS INVOLVING THE AUTHORIZATION OF A FISCAL INTERMEDIARY.
   (A)  A  FISCAL INTERMEDIARY'S AUTHORIZATION MAY BE REVOKED, SUSPENDED,
 LIMITED OR ANNULLED UPON THIRTY  DAY'S  WRITTEN  NOTICE  TO  THE  FISCAL
 INTERMEDIARY, IF THE COMMISSIONER FINDS THAT THE FISCAL INTERMEDIARY HAS
 FAILED  TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS
 PROMULGATED HEREUNDER. NOTWITHSTANDING THE FOREGOING,  UPON  DETERMINING
 THAT  THE  PUBLIC HEALTH OR SAFETY WOULD BE IMMINENTLY ENDANGERED BY THE
 CONTINUED AUTHORIZATION OF THE FISCAL INTERMEDIARY, THE COMMISSIONER MAY
 REVOKE, SUSPEND, LIMIT OR ANNUL THE FISCAL INTERMEDIARY'S  AUTHORIZATION
 IMMEDIATELY.
   (B)  ALL  ORDERS  OR  DETERMINATIONS  UNDER  THIS SUBDIVISION SHALL BE
 SUBJECT TO REVIEW AS PROVIDED IN  ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL
 PRACTICE LAW AND RULES.
   §  2.  Subdivision  25  of  section  2808 of the public health law, as
 amended by section 34 of part D of chapter 56 of the laws  of  2012,  is
 amended to read as follows:

 S. 2007--B                         16                         A. 3007--B
 
   25.  Reserved  bed  days.  (a)  For  purposes  of  this subdivision, a
 "reserved bed day" is a day for which a governmental agency pays a resi-
 dential health care facility to reserve a bed for a person eligible  for
 medical  assistance  pursuant  to  title  eleven  of article five of the
 social  services law while he or she is [temporarily hospitalized or] on
 THERAPEUTIC leave of absence from the facility.
   (b) Notwithstanding any other provisions of this section or any  other
 law  or  regulation  to  the contrary, for reserved bed days provided on
 behalf of persons twenty-one years of age or older:
   (i) payments for reserved  bed  days  shall  be  made  at  ninety-five
 percent  of  the  Medicaid  rate  otherwise  payable to the facility for
 services provided on behalf of such person; AND
   (ii) [payment to a facility for reserved bed days provided  on  behalf
 of  such  person  for temporary hospitalizations may not exceed fourteen
 days in any twelve month period;
   (iii)] payment to a facility for reserved bed days provided on  behalf
 of  such  person for [non-hospitalization] THERAPEUTIC leaves of absence
 may not exceed ten days in any twelve month period.
   [(c)(i) Notwithstanding any contrary provision of this subdivision  or
 any  other  law  and  subject  to  the availability of federal financial
 participation, with regard to services provided  to  residential  health
 care  facility  residents twenty-one years of age and older, the commis-
 sioner shall promulgate regulations, and may promulgate emergency  regu-
 lations,  effective  for  periods  on and after July first, two thousand
 twelve, establishing reimbursement rates for reserved bed days.
   (ii) Such regulations shall, for each Medicaid patient for any  twelve
 month  period,  provide for reimbursement for reserved bed days for: (A)
 up to an aggregate of fourteen days for hospitalizations and  for  other
 therapeutic  leave of absences consistent with a plan of care ordered by
 such patient's treating health care  professional;  and  (B)  up  to  an
 aggregate of ten days of other leaves of absence.
   (iii)  No  later  than  thirty  days  after promulgation of such regu-
 lations, the commissioner shall advise the  chairs  of  the  senate  and
 assembly  finance  and  health  committees  of  the projected reductions
 expected to be achieved under the methodology set forth  in  such  regu-
 lations.
   (iv)  In  the  event the commissioner determines, in consultation with
 the director of the budget, that the regulations promulgated pursuant to
 subparagraph (i) of this paragraph  shall  achieve  projected  aggregate
 Medicaid  savings, as determined by the commissioner, of less than forty
 million dollars for the state fiscal year  beginning  April  first,  two
 thousand twelve, and each state fiscal year thereafter, the commissioner
 shall  establish  a prospective per diem rate adjustment for all nursing
 homes, other than nursing homes providing services primarily to children
 under the age of twenty-one, sufficient to achieve  such  forty  million
 dollars in savings for each such state fiscal year.]
   § 3. Intentionally omitted.
   §  4.  Subdivision  2-c  of  section  2808 of the public health law is
 amended by adding a new paragraph (f) to read as follows:
   (F) THE COMMISSIONER SHALL ESTABLISH A PROSPECTIVE PER DIEM ADJUSTMENT
 FOR ALL NURSING HOMES,  OTHER  THAN  NURSING  HOMES  PROVIDING  SERVICES
 PRIMARILY  TO  CHILDREN  UNDER  THE  AGE  OF TWENTY-ONE, BEGINNING APRIL
 FIRST, TWO THOUSAND SEVENTEEN AND EACH  YEAR  THEREAFTER  SUFFICIENT  TO
 ACHIEVE EIGHTEEN MILLION DOLLARS IN SAVINGS IN EACH STATE FISCAL YEAR.
   § 5. Intentionally omitted.
   § 6. Intentionally omitted.

 S. 2007--B                         17                         A. 3007--B
 
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART F
 
                           Intentionally Omitted
 
                                  PART G
 
   Section 1.  Subdivision 1 of section 92 of part H of chapter 59 of the
 laws  of 2011, amending the public health law and other laws relating to
 known and projected department of health state  fund  medicaid  expendi-
 tures,  as  separately amended by section 1 of part JJ of chapter 54 and
 section 18 of part B of chapter 59 of the laws of 2016,  is  amended  to
 read as follows:
   1.  For  state  fiscal  years  2011-12  through [2017-18] 2018-19, the
 director of the budget, in consultation with the commissioner of  health
 referenced  as "commissioner" for purposes of this section, shall assess
 on a monthly basis, as reflected in monthly reports pursuant to subdivi-
 sion five of this section known and projected department of health state
 funds medicaid expenditures by category of  service  and  by  geographic
 regions,  as  defined  by  the  commissioner, and if the director of the
 budget determines that such expenditures are expected to cause  medicaid
 disbursements  for  such  period  to  exceed the projected department of
 health medicaid state funds disbursements in the enacted  budget  finan-
 cial  plan  pursuant to subdivision 3 of section 23 of the state finance
 law, the commissioner of health, in consultation with  the  director  of
 the  budget,  shall  develop a medicaid savings allocation plan to limit
 such spending to the aggregate limit  level  specified  in  the  enacted
 budget  financial  plan,  provided,  however,  such  projections  may be
 adjusted by the director of the budget to account for any changes in the
 New York state federal medical assistance percentage amount  established
 pursuant  to the federal social security act, changes in provider reven-
 ues, reductions to local social  services  district  medical  assistance
 administration,  minimum wage increases, and beginning April 1, 2012 the
 operational costs of the New York state medical indemnity fund and state
 costs or savings from the basic health plan.   Such projections  may  be
 adjusted by the director of the budget to account for increased or expe-
 dited department of health state funds medicaid expenditures as a result
 of  a natural or other type of disaster, including a governmental decla-
 ration of emergency.
   § 2. Intentionally omitted.
   § 3. Intentionally omitted.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART H
 
   Section  1. Subdivision 5 of section 168 of chapter 639 of the laws of
 1996, constituting the New York Health  Care  Reform  Act  of  1996,  as
 amended  by  section  1  of part B of chapter 60 of the laws of 2014, is
 amended to read as follows:
   5. sections 2807-c, 2807-j, 2807-s and 2807-t  of  the  public  health
 law,  as  amended  or as added by this act, shall expire on December 31,
 [2017] 2020, and shall be thereafter effective only in  respect  to  any
 act  done  on or before such date or action or proceeding arising out of

 S. 2007--B                         18                         A. 3007--B
 
 such act including continued collections of funds from  assessments  and
 allowances  and  surcharges  established  pursuant  to  sections 2807-c,
 2807-j, 2807-s and 2807-t of the public health law,  and  administration
 and  distributions  of funds from pools established pursuant to sections
 2807-c, 2807-j, 2807-k, 2807-l, 2807-m, 2807-s and 2807-t of the  public
 health  law  related  to  patient  services provided before December 31,
 [2017] 2020, and continued expenditure of funds authorized for  programs
 and grants until the exhaustion of funds therefor;
   §  2.  Subdivision  1 of section 138 of chapter 1 of the laws of 1999,
 constituting the New York Health Care Reform Act of 2000, as amended  by
 section  2  of  part  B of chapter 60 of the laws of 2014, is amended to
 read as follows:
   1. sections 2807-c, 2807-j, 2807-s, and 2807-t of  the  public  health
 law,  as  amended by this act, shall expire on December 31, [2017] 2020,
 and shall be thereafter effective only in respect to any act done before
 such date or action or proceeding arising  out  of  such  act  including
 continued  collections  of  funds  from  assessments  and allowances and
 surcharges established pursuant to sections 2807-c, 2807-j,  2807-s  and
 2807-t of the public health law, and administration and distributions of
 funds  from  pools  established  pursuant  to  sections  2807-c, 2807-j,
 2807-k, 2807-l, 2807-m, 2807-s, 2807-t, 2807-v and 2807-w of the  public
 health law, as amended or added by this act, related to patient services
 provided  before  December 31, [2017] 2020, and continued expenditure of
 funds authorized for programs and grants until the exhaustion  of  funds
 therefor;
   §  3.  Subparagraph  (xv) of paragraph (a) of subdivision 6 of section
 2807-s of the public health law, as amended by section 3 of  part  B  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   (xv) A gross annual statewide amount for the period January first, two
 thousand fifteen through December thirty-first, two thousand [seventeen]
 TWENTY, shall be one billion forty-five million dollars.
   §  4. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
 2807-s of the public health law, as amended by section 4 of  part  B  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   (xiii)  twenty-three million eight hundred thirty-six thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through March thirty-first, two thousand [seventeen] TWENTY;
   §  5.  Subparagraphs (iv) and (v) of paragraph (a) of subdivision 9 of
 section 2807-j of the public health law, as amended by section 5 of part
 B of chapter 60 of the laws of 2014, are amended to read as follows:
   (iv) seven hundred sixty-five million dollars annually  of  the  funds
 accumulated for the periods January first, two thousand through December
 thirty-first, two thousand [sixteen] NINETEEN, and
   (v)  one hundred ninety-one million two hundred fifty thousand dollars
 of the funds accumulated for the  period  January  first,  two  thousand
 [seventeen]  TWENTY through March thirty-first, two thousand [seventeen]
 TWENTY.
   § 6. Subdivisions 5-a and 7 of section 2807-m  of  the  public  health
 law,  as  amended  by  section  9 of part B of chapter 60 of the laws of
 2014, subparagraphs (iv), (v) and (vi) of paragraph (d)  of  subdivision
 5-a  as  added by section 4 of part W of chapter 57 of the laws of 2015,
 are amended to read as follows:
   5-a. Graduate medical education  innovations  pool.  (a)  Supplemental
 distributions.  (i)  Thirty-one  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight,  shall  be  set  aside  and reserved by the commissioner from the

 S. 2007--B                         19                         A. 3007--B

 regional pools established pursuant to subdivision two of  this  section
 and shall be available for distributions pursuant to subdivision five of
 this  section  and in accordance with section 86-1.89 of title 10 of the
 codes,  rules  and  regulations of the state of New York as in effect on
 January first, two thousand eight; provided, however,  for  purposes  of
 funding  the  empire  clinical research investigation program (ECRIP) in
 accordance with paragraph eight of subdivision (e) and paragraph two  of
 subdivision  (f)  of section 86-1.89 of title 10 of the codes, rules and
 regulations of the state of New York, distributions shall be made  using
 two  regions  defined as New York city and the rest of the state and the
 dollar amount set forth in subparagraph (i) of paragraph two of subdivi-
 sion (f) of section 86-1.89 of title 10 of the codes,  rules  and  regu-
 lations  of the state of New York shall be increased from sixty thousand
 dollars to seventy-five thousand dollars.
   (ii) For periods on  and  after  January  first,  two  thousand  nine,
 supplemental  distributions pursuant to subdivision five of this section
 and in accordance with section 86-1.89 of title 10 of the  codes,  rules
 and regulations of the state of New York shall no longer be made and the
 provisions  of section 86-1.89 of title 10 of the codes, rules and regu-
 lations of the state of New York shall be null and void.
   (b)  Empire  clinical  research  investigator  program  (ECRIP).  Nine
 million  one  hundred  twenty  thousand  dollars annually for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand  ten,  and  two million two hundred eighty thousand dollars for
 the period January first, two thousand  eleven,  through  March  thirty-
 first,  two  thousand  eleven,  nine million one hundred twenty thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven  through  March  thirty-first, two thousand fourteen, [and] up to
 eight million six hundred twelve thousand dollars each state fiscal year
 for the period April first, two thousand fourteen through March  thirty-
 first,  two  thousand  seventeen,  AND  UP  TO EIGHT MILLION SIX HUNDRED
 TWELVE THOUSAND DOLLARS EACH STATE FISCAL  YEAR  FOR  THE  PERIOD  APRIL
 FIRST,  TWO  THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
 TWENTY, shall be set aside and reserved by  the  commissioner  from  the
 regional  pools  established pursuant to subdivision two of this section
 to be allocated regionally with  two-thirds  of  the  available  funding
 going  to  New York city and one-third of the available funding going to
 the rest of the  state  and  shall  be  available  for  distribution  as
 follows:
   Distributions  shall  first  be made to consortia and teaching general
 hospitals for the empire clinical research investigator program  (ECRIP)
 to  help  secure federal funding for biomedical research, train clinical
 researchers, recruit national leaders as faculty to act as mentors,  and
 train  residents  and  fellows  in  biomedical  research skills based on
 hospital-specific data submitted to the commissioner  by  consortia  and
 teaching general hospitals in accordance with clause (G) of this subpar-
 agraph.  Such distributions shall be made in accordance with the follow-
 ing methodology:
   (A) The greatest number of clinical research  positions  for  which  a
 consortium  or  teaching general hospital may be funded pursuant to this
 subparagraph shall be one percent  of  the  total  number  of  residents
 training  at  the consortium or teaching general hospital on July first,
 two thousand eight for the  period  January  first,  two  thousand  nine
 through December thirty-first, two thousand nine rounded up to the near-
 est one position.

 S. 2007--B                         20                         A. 3007--B
 
   (B)  Distributions  made  to a consortium or teaching general hospital
 shall equal the product of the total number of clinical  research  posi-
 tions  submitted  by  a  consortium  or  teaching  general  hospital and
 accepted by the commissioner as meeting the criteria set forth in  para-
 graph  (b)  of subdivision one of this section, subject to the reduction
 calculation set forth in clause (C)  of  this  subparagraph,  times  one
 hundred ten thousand dollars.
   (C)  If  the  dollar  amount for the total number of clinical research
 positions in the region  calculated  pursuant  to  clause  (B)  of  this
 subparagraph  exceeds the total amount appropriated for purposes of this
 paragraph, including clinical research positions that continue from  and
 were funded in prior distribution periods, the commissioner shall elimi-
 nate  one-half  of  the  clinical  research  positions submitted by each
 consortium or teaching general hospital rounded down to the nearest  one
 position.  Such  reduction shall be repeated until the dollar amount for
 the total number of clinical research positions in the region  does  not
 exceed  the total amount appropriated for purposes of this paragraph. If
 the repeated reduction of the total number of  clinical  research  posi-
 tions  in  the region by one-half does not render a total funding amount
 that is equal to or less than the total amount reserved for that  region
 within  the  appropriation, the funding for each clinical research posi-
 tion in that region shall be  reduced  proportionally  in  one  thousand
 dollar  increments until the total dollar amount for the total number of
 clinical research positions in that region does  not  exceed  the  total
 amount  reserved for that region within the appropriation. Any reduction
 in funding will be effective for the duration of the award. No  clinical
 research  positions that continue from and were funded in prior distrib-
 ution periods shall be eliminated or reduced by such methodology.
   (D) Each consortium or teaching general  hospital  shall  receive  its
 annual distribution amount in accordance with the following:
   (I) Each consortium or teaching general hospital with a one-year ECRIP
 award  shall  receive  its  annual  distribution  amount  in  full  upon
 completion of the requirements set forth in items (I) and (II) of clause
 (G) of this subparagraph. The requirements set forth in items  (IV)  and
 (V)  of clause (G) of this subparagraph must be completed by the consor-
 tium or teaching general hospital in order for the consortium or  teach-
 ing  general  hospital  to be eligible to apply for ECRIP funding in any
 subsequent funding cycle.
   (II) Each consortium or teaching  general  hospital  with  a  two-year
 ECRIP  award  shall receive its first annual distribution amount in full
 upon completion of the requirements set forth in items (I) and  (II)  of
 clause  (G)  of  this  subparagraph. Each consortium or teaching general
 hospital will receive its second annual distribution amount in full upon
 completion of the requirements set forth in item (III) of clause (G)  of
 this  subparagraph.  The requirements set forth in items (IV) and (V) of
 clause (G) of this subparagraph must be completed by the  consortium  or
 teaching general hospital in order for the consortium or teaching gener-
 al  hospital to be eligible to apply for ECRIP funding in any subsequent
 funding cycle.
   (E) Each consortium or teaching general  hospital  receiving  distrib-
 utions pursuant to this subparagraph shall reserve seventy-five thousand
 dollars  to  primarily  fund  salary and fringe benefits of the clinical
 research position with the remainder going to fund  the  development  of
 faculty  who  are involved in biomedical research, training and clinical
 care.

 S. 2007--B                         21                         A. 3007--B
 
   (F)  Undistributed  or  returned  funds  available  to  fund  clinical
 research  positions pursuant to this paragraph for a distribution period
 shall be available to fund clinical research positions in  a  subsequent
 distribution period.
   (G) In order to be eligible for distributions pursuant to this subpar-
 agraph,  each  consortium and teaching general hospital shall provide to
 the commissioner by July first of each distribution period, the  follow-
 ing  data  and  information  on a hospital-specific basis. Such data and
 information shall be certified as to accuracy and  completeness  by  the
 chief executive officer, chief financial officer or chair of the consor-
 tium  governing body of each consortium or teaching general hospital and
 shall be maintained by each consortium and teaching general hospital for
 five years from the date of submission:
   (I) For each clinical research  position,  information  on  the  type,
 scope,  training  objectives,  institutional  support, clinical research
 experience of the sponsor-mentor, plans for submitting research outcomes
 to peer reviewed journals and at scientific meetings, including a  meet-
 ing  sponsored by the department, the name of a principal contact person
 responsible for tracking the career development of researchers placed in
 clinical research positions, as defined in paragraph (c) of  subdivision
 one of this section, and who is authorized to certify to the commission-
 er  that  all  the requirements of the clinical research training objec-
 tives set forth in this subparagraph shall be  met.  Such  certification
 shall be provided by July first of each distribution period;
   (II)  For  each  clinical  research position, information on the name,
 citizenship status, medical education and training, and medical  license
 number  of  the researcher, if applicable, shall be provided by December
 thirty-first of the calendar year following the distribution period;
   (III) Information on the status of the clinical research plan,  accom-
 plishments, changes in research activities, progress, and performance of
 the  researcher  shall  be  provided  upon completion of one-half of the
 award term;
   (IV) A final report detailing training  experiences,  accomplishments,
 activities  and  performance of the clinical researcher, and data, meth-
 ods, results and  analyses  of  the  clinical  research  plan  shall  be
 provided three months after the clinical research position ends; and
   (V)  Tracking  information  concerning past researchers, including but
 not limited to (A) background information, (B) employment  history,  (C)
 research  status,  (D) current research activities, (E) publications and
 presentations, (F) research  support,  and  (G)  any  other  information
 necessary to track the researcher; and
   (VI)  Any  other  data  or information required by the commissioner to
 implement this subparagraph.
   (H) Notwithstanding any inconsistent provision  of  this  subdivision,
 for periods on and after April first, two thousand thirteen, ECRIP grant
 awards shall be made in accordance with rules and regulations promulgat-
 ed by the commissioner. Such regulations shall, at a minimum:
   (1)  provide  that ECRIP grant awards shall be made with the objective
 of securing federal funding for biomedical research,  training  clinical
 researchers,  recruiting  national leaders as faculty to act as mentors,
 and training residents and fellows in biomedical research skills;
   (2) provide that ECRIP grant applicants may include  interdisciplinary
 research teams comprised of teaching general hospitals acting in collab-
 oration  with  entities  including  but  not limited to medical centers,
 hospitals, universities and local health departments;

 S. 2007--B                         22                         A. 3007--B
 
   (3) provide that applications for ECRIP grant awards shall be based on
 such information requested by the commissioner, which shall include  but
 not be limited to hospital-specific data;
   (4)  establish  the  qualifications  for investigators and other staff
 required for grant projects eligible for ECRIP grant awards; and
   (5) establish a methodology for the distribution of funds under  ECRIP
 grant awards.
   (c)  Ambulatory  care  training.  Four  million  nine hundred thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars for the period January first, two thousand nine through December
 thirty-first,  two  thousand  nine,  four  million nine hundred thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first,  two  thousand  ten,  one  million two hundred twenty-five
 thousand dollars for the  period  January  first,  two  thousand  eleven
 through  March  thirty-first,  two  thousand  eleven, four million three
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, [and] up to four million sixty  thousand  dollars  each  state
 fiscal  year  for  the period April first, two thousand fourteen through
 March thirty-first, two thousand seventeen, AND UP TO FOUR MILLION SIXTY
 THOUSAND DOLLARS EACH FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOU-
 SAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be
 set  aside  and  reserved  by  the  commissioner from the regional pools
 established pursuant to subdivision two of this  section  and  shall  be
 available for distributions to sponsoring institutions to be directed to
 support  clinical  training  of  medical students and residents in free-
 standing ambulatory care settings, including  community  health  centers
 and  private  practices. Such funding shall be allocated regionally with
 two-thirds of the available funding going to New York city and one-third
 of the available funding going to the rest of the  state  and  shall  be
 distributed  to  sponsoring  institutions  in  each region pursuant to a
 request for application or request for proposal process with  preference
 being  given  to sponsoring institutions which provide training in sites
 located in underserved rural or inner-city areas and those that  include
 medical students in such training.
   (d)  Physician  loan repayment program. One million nine hundred sixty
 thousand dollars for  the  period  January  first,  two  thousand  eight
 through  December  thirty-first,  two  thousand  eight, one million nine
 hundred sixty thousand dollars for the period January first,  two  thou-
 sand  nine through December thirty-first, two thousand nine, one million
 nine hundred sixty thousand dollars for the period  January  first,  two
 thousand  ten  through  December  thirty-first,  two  thousand ten, four
 hundred ninety thousand dollars for the period January first, two  thou-
 sand eleven through March thirty-first, two thousand eleven, one million
 seven  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  [and]  up  to  one  million seven hundred five thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen  through  March thirty-first, two thousand seventeen, AND UP TO
 ONE MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS EACH STATE  FISCAL  YEAR
 FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIR-
 TY-FIRST, TWO THOUSAND TWENTY, shall be set aside and  reserved  by  the
 commissioner from the regional pools established pursuant to subdivision
 two  of  this  section  and shall be available for purposes of physician
 loan repayment in accordance  with  subdivision  ten  of  this  section.

 S. 2007--B                         23                         A. 3007--B
 
 Notwithstanding  any  contrary  provision  of this section, sections one
 hundred twelve and one hundred sixty-three of the state finance law,  or
 any  other  contrary  provision  of law, such funding shall be allocated
 regionally  with one-third of available funds going to New York city and
 two-thirds of available funds going to the rest of the state  and  shall
 be  distributed in a manner to be determined by the commissioner without
 a competitive bid or request for proposal process as follows:
   (i) Funding shall first be awarded to repay loans of up to twenty-five
 physicians who train in primary care or  specialty  tracks  in  teaching
 general hospitals, and who enter and remain in primary care or specialty
 practices in underserved communities, as determined by the commissioner.
   (ii)  After  distributions in accordance with subparagraph (i) of this
 paragraph, all remaining funds shall be awarded to repay loans of physi-
 cians who enter and remain in primary care  or  specialty  practices  in
 underserved  communities,  as  determined by the commissioner, including
 but not limited to physicians working in  general  hospitals,  or  other
 health care facilities.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this paragraph be distributed in  accordance  with  subpara-
 graphs (i) and (ii) of this paragraph to physicians identified by gener-
 al hospitals.
   (iv)  In addition to the funds allocated under this paragraph, for the
 period April first, two thousand fifteen through March thirty-first, two
 thousand sixteen,  two  million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (v)  In  addition to the funds allocated under this paragraph, for the
 period April first, two thousand sixteen through March thirty-first, two
 thousand seventeen, two million  dollars  shall  be  available  for  the
 purposes described in subdivision ten of this section;
   (vi) Notwithstanding any provision of law to the contrary, and subject
 to the extension of the Health Care Reform Act of 1996, sufficient funds
 shall be available for the purposes described in subdivision ten of this
 section  in amounts necessary to fund the remaining year commitments for
 awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
   (e) Physician practice support. Four  million  nine  hundred  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight, four million nine hundred thousand
 dollars annually for the period January first, two thousand nine through
 December thirty-first, two thousand ten, one million two  hundred  twen-
 ty-five  thousand  dollars  for  the  period January first, two thousand
 eleven through March thirty-first, two  thousand  eleven,  four  million
 three  hundred  thousand  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand  fourteen,  [and]  up  to four million three hundred sixty thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen  through  March thirty-first, two thousand seventeen, AND UP TO
 FOUR MILLION THREE HUNDRED SIXTY THOUSAND DOLLARS FOR EACH STATE  FISCAL
 YEAR  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY, shall be set aside  and  reserved  by
 the  commissioner from the regional pools established pursuant to subdi-
 vision two of this section and shall be available for purposes of physi-
 cian practice support. Notwithstanding any contrary  provision  of  this
 section,  sections one hundred twelve and one hundred sixty-three of the
 state finance law, or any other contrary provision of law, such  funding
 shall be allocated regionally with one-third of available funds going to
 New York city and two-thirds of available funds going to the rest of the

 S. 2007--B                         24                         A. 3007--B
 
 state  and  shall  be  distributed  in  a manner to be determined by the
 commissioner without a competitive bid or request for  proposal  process
 as follows:
   (i)  Preference in funding shall first be accorded to teaching general
 hospitals for up to twenty-five awards, to  support  costs  incurred  by
 physicians  trained in primary or specialty tracks who thereafter estab-
 lish or join practices in underserved communities, as determined by  the
 commissioner.
   (ii)  After  distributions in accordance with subparagraph (i) of this
 paragraph, all remaining funds shall be awarded to physicians to support
 the cost of establishing or joining practices  in  underserved  communi-
 ties,  as  determined  by  the  commissioner, and to hospitals and other
 health care providers to recruit new physicians to provide  services  in
 underserved communities, as determined by the commissioner.
   (iii)  In no case shall less than fifty percent of the funds available
 pursuant to this  paragraph  be  distributed  to  general  hospitals  in
 accordance with subparagraphs (i) and (ii) of this paragraph.
   (e-1) Work group. For funding available pursuant to paragraphs (d) and
 (e) of this subdivision:
   (i)  The  department  shall  appoint a work group from recommendations
 made by associations  representing  physicians,  general  hospitals  and
 other  health care facilities to develop a streamlined application proc-
 ess by June first, two thousand twelve.
   (ii) Subject to available funding, applications shall be accepted on a
 continuous basis. The department shall provide technical  assistance  to
 applicants  to facilitate their completion of applications. An applicant
 shall be notified in writing  by  the  department  within  ten  days  of
 receipt  of an application as to whether the application is complete and
 if the application is incomplete, what information is  outstanding.  The
 department  shall act on an application within thirty days of receipt of
 a complete application.
   (f) Study on physician workforce. Five hundred ninety thousand dollars
 annually for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand ten,  one  hundred  forty-eight  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven, five hundred sixteen thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through  March  thirty-first,  two  thousand  fourteen, [and] up to four
 hundred eighty-seven thousand dollars each state  fiscal  year  for  the
 period  April  first,  two thousand fourteen through March thirty-first,
 two thousand seventeen, AND UP TO  FOUR  HUNDRED  EIGHTY-SEVEN  THOUSAND
 DOLLARS FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOU-
 SAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be
 set  aside  and  reserved  by  the  commissioner from the regional pools
 established pursuant to subdivision two of this  section  and  shall  be
 available  to  fund  a  study of physician workforce needs and solutions
 including, but not limited to, an analysis  of  residency  programs  and
 projected  physician  workforce  and  community  needs. The commissioner
 shall enter into agreements with one or more  organizations  to  conduct
 such study based on a request for proposal process.
   (g)  Diversity in medicine/post-baccalaureate program. Notwithstanding
 any inconsistent provision of section one hundred twelve or one  hundred
 sixty-three  of the state finance law or any other law, one million nine
 hundred sixty thousand dollars annually for the  period  January  first,
 two thousand eight through December thirty-first, two thousand ten, four
 hundred  ninety thousand dollars for the period January first, two thou-

 S. 2007--B                         25                         A. 3007--B
 
 sand eleven through March thirty-first, two thousand eleven, one million
 seven hundred thousand dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, [and] up to one million six hundred five thousand dollars
 each state fiscal year for the period April first, two thousand fourteen
 through  March  thirty-first,  two  thousand  seventeen,  AND  UP TO ONE
 MILLION SIX HUNDRED FIVE THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE
 PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH  MARCH  THIRTY-FIRST,
 TWO THOUSAND TWENTY, shall be set aside and reserved by the commissioner
 from  the regional pools established pursuant to subdivision two of this
 section and shall be  available  for  distributions  to  the  Associated
 Medical  Schools  of  New  York  to fund its diversity program including
 existing and new post-baccalaureate programs for  minority  and  econom-
 ically  disadvantaged  students  and  encourage  participation  from all
 medical schools in New York. The associated medical schools of New  York
 shall report to the commissioner on an annual basis regarding the use of
 funds  for  such  purpose  in  such  form and manner as specified by the
 commissioner.
   (h) In the event there are undistributed  funds  within  amounts  made
 available for distributions pursuant to this subdivision, such funds may
 be  reallocated  and  distributed  in current or subsequent distribution
 periods in a manner determined by the commissioner for any  purpose  set
 forth in this subdivision.
   7.  Notwithstanding  any inconsistent provision of section one hundred
 twelve or one hundred sixty-three of the state finance law or any  other
 law,  up  to one million dollars for the period January first, two thou-
 sand through  December  thirty-first,  two  thousand,  one  million  six
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand one through December  thirty-first,  two  thousand  eight,  one
 million  five  hundred thousand dollars annually for the periods January
 first, two thousand nine through  December  thirty-first,  two  thousand
 ten,  three hundred seventy-five thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven,  one  million  three  hundred twenty thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March  thirty-first,  two  thousand  fourteen,  [and]  up to two million
 seventy-seven thousand dollars each state fiscal  year  for  the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen, AND UP TO TWO MILLION SEVENTY-SEVEN THOUSAND DOLLARS FOR
 EACH  STATE  FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVEN-
 TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, shall be set aside
 and reserved by the commissioner from  the  regional  pools  established
 pursuant  to  subdivision two of this section and shall be available for
 distributions to the New York state area health education center program
 for  the  purpose  of  expanding  community-based  training  of  medical
 students. In addition, one million dollars annually for the period Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand ten, two hundred fifty thousand  dollars  for  the  period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven, and eight hundred eighty thousand dollars each state fiscal year
 for the period April first, two thousand eleven  through  March  thirty-
 first,  two  thousand  fourteen,  shall be set aside and reserved by the
 commissioner from the regional pools established pursuant to subdivision
 two of this section and shall be available for distributions to the  New
 York state area health education center program for the purpose of post-
 secondary training of health care professionals who will achieve specif-

 S. 2007--B                         26                         A. 3007--B
 
 ic  program  outcomes  within  the  New York state area health education
 center program.  The New York state area health education center program
 shall report to the commissioner on an annual basis regarding the use of
 funds  for  each  purpose  in  such  form and manner as specified by the
 commissioner.
   § 7. Paragraph (a) of subdivision 12 of section 367-b  of  the  social
 services  law,  as  amended by section 10 of part B of chapter 60 of the
 laws of 2014, is amended to read as follows:
   (a) For the purpose of regulating cash flow for general hospitals, the
 department shall develop and implement a payment methodology to  provide
 for  timely  payments  for inpatient hospital services eligible for case
 based payments per discharge based on diagnosis-related groups  provided
 during  the  period January first, nineteen hundred eighty-eight through
 March thirty-first two thousand [seventeen] TWENTY,  by  such  hospitals
 which elect to participate in the system.
   §  8.  Subdivision  6  of  section 2807-t of the public health law, as
 amended by section 15 of part B of chapter 60 of the laws  of  2014,  is
 amended to read as follows:
   6. Prospective adjustments. (a) The commissioner shall annually recon-
 cile  the  sum  of  the  actual payments made to the commissioner or the
 commissioner's designee for each region pursuant to section twenty-eight
 hundred seven-s of this article and pursuant to  this  section  for  the
 prior  year  with  the regional allocation of the gross annual statewide
 amount specified in subdivision  six  of  section  twenty-eight  hundred
 seven-s  of this article for such prior year. The difference between the
 actual amount raised for a region and the  regional  allocation  of  the
 specified  gross annual amount for such prior year shall be applied as a
 prospective adjustment to the regional allocation of the specified gross
 annual payment amount for such region for the year  next  following  the
 calculation  of  the  reconciliation. The authorized dollar value of the
 adjustments shall be the same as if calculated retrospectively.
   (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  for  covered  lives  assessment rate periods on and after January
 first, two thousand fifteen through December thirty-first, two  thousand
 [seventeen]  TWENTY, for amounts collected in the aggregate in excess of
 one billion forty-five million dollars on an annual  basis,  prospective
 adjustments  shall be suspended if the annual reconciliation calculation
 from the prior year would otherwise result in a decrease to the regional
 allocation of the specified gross annual payment amount for that region,
 provided, however, that such suspension shall be lifted upon a  determi-
 nation  by  the  commissioner,  in consultation with the director of the
 budget, that sixty-five million dollars in aggregate collections  on  an
 annual basis over and above one billion forty-five million dollars on an
 annual  basis  have  been reserved and set aside for deposit in the HCRA
 resources fund. Any amounts collected in the aggregate at or  below  one
 billion  forty-five million dollars on an annual basis, shall be subject
 to regional adjustments reconciling any decreases or  increases  to  the
 regional  allocation  in  accordance with paragraph (a) of this subdivi-
 sion.
   § 9. Section 2 of chapter 600 of the laws of 1986 amending the  public
 health  law  relating to the development of pilot reimbursement programs
 for ambulatory care services, as amended by section  11  of  part  B  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   §  2.  This  act  shall  take effect immediately, except that this act
 shall expire and be of no further force and effect on and after April 1,
 [2017; provided, however, that the commissioner of health shall submit a

 S. 2007--B                         27                         A. 3007--B

 report to the governor and  the  legislature  detailing  the  objective,
 impact, design and computation of any pilot reimbursement program estab-
 lished  pursuant  to  this act, on or before March 31, 1994 and annually
 thereafter.  Such  report  shall  include an assessment of the financial
 impact of such payment system on providers, as well  as  the  impact  of
 such system on access to care] 2020.
   §  10. Paragraph (i) of subdivision (b) of section 1 of chapter 520 of
 the laws of 1978 relating to providing for  a  comprehensive  survey  of
 health  care  financing,  education  and illness prevention and creating
 councils for the conduct thereof, as amended by section 12 of part B  of
 chapter 60 of the laws of 2014, is amended to read as follows:
   (i)  oversight  and  evaluation  of  the inpatient financing system in
 place for 1988 through March 31, [2017] 2020,  and  the  appropriateness
 and effectiveness of the bad debt and charity care financing provisions;
   §  11.  Paragraph  (l)  of subdivision 9 of section 3614 of the public
 health law, as added by section 13 of part B of chapter 60 of  the  laws
 of  2014, is amended and three new paragraphs (m), (n) and (o) are added
 to read as follows:
   (l) for the period April first, two  thousand  sixteen  through  March
 thirty-first,   two  thousand  seventeen,  up  to  one  hundred  million
 dollars[.];
   (M) FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN  THROUGH  MARCH
 THIRTY-FIRST, TWO THOUSAND EIGHTEEN, UP TO ONE HUNDRED MILLION DOLLARS;
   (N)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND NINETEEN, UP TO ONE HUNDRED MILLION DOLLARS;
   (O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND  NINETEEN  THROUGH  MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY, UP TO ONE HUNDRED MILLION DOLLARS.
   §  12.  Paragraph  (p) of subdivision 1 of section 367-q of the social
 services law, as added by section 14 of part B of chapter 60 of the laws
 of 2014, is amended and three new paragraphs (q), (r) and (s) are  added
 to read as follows:
   (p)  for  the  period  April first, two thousand sixteen through March
 thirty-first, two thousand seventeen, up to  twenty-eight  million  five
 hundred thousand dollars[.];
   (Q)  FOR  THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND EIGHTEEN, UP  TO  TWENTY-EIGHT  MILLION  FIVE
 HUNDRED THOUSAND DOLLARS;
   (R)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND NINETEEN, TWENTY-EIGHT MILLION  FIVE  HUNDRED
 THOUSAND DOLLARS;
   (S)  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY,  TWENTY-EIGHT  MILLION  FIVE  HUNDRED
 THOUSAND DOLLARS.
   §  13.  Subdivision 4-c of section 2807-p of the public health law, as
 amended by section 16 of part B of chapter 60 of the laws  of  2014,  is
 amended to read as follows:
   4-c. Notwithstanding any provision of law to the contrary, the commis-
 sioner  shall  make additional payments for uncompensated care to volun-
 tary non-profit diagnostic and treatment centers that are  eligible  for
 distributions  under  subdivision  four of this section in the following
 amounts: for the period June first, two thousand  six  through  December
 thirty-first,  two  thousand  six,  in  the amount of seven million five
 hundred thousand dollars, for the period  January  first,  two  thousand
 seven  through  December thirty-first, two thousand seven, seven million
 five hundred thousand dollars, for the period January first,  two  thou-
 sand  eight  through  December  thirty-first,  two thousand eight, seven

 S. 2007--B                         28                         A. 3007--B
 
 million five hundred thousand dollars, for the period January first, two
 thousand nine through December thirty-first, two thousand nine,  fifteen
 million five hundred thousand dollars, for the period January first, two
 thousand  ten  through  December  thirty-first,  two thousand ten, seven
 million five hundred thousand dollars, for the period January first, two
 thousand eleven though December thirty-first, two thousand eleven, seven
 million five hundred thousand dollars, for the period January first, two
 thousand twelve through  December  thirty-first,  two  thousand  twelve,
 seven  million  five  hundred  thousand  dollars, for the period January
 first, two thousand thirteen through December thirty-first, two thousand
 thirteen, seven million five hundred thousand dollars,  for  the  period
 January  first, two thousand fourteen through December thirty-first, two
 thousand fourteen, seven million five hundred thousand dollars, for  the
 period  January  first,  two  thousand  fifteen through December thirty-
 first,  two  thousand  fifteen,  seven  million  five  hundred  thousand
 dollars,  for  the  period  January  first  two thousand sixteen through
 December thirty-first, two thousand sixteen, seven million five  hundred
 thousand  dollars,  FOR THE PERIOD JANUARY FIRST, TWO THOUSAND SEVENTEEN
 THROUGH DECEMBER THIRTY-FIRST, TWO  THOUSAND  SEVENTEEN,  SEVEN  MILLION
 FIVE  HUNDRED  THOUSAND DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOU-
 SAND EIGHTEEN THROUGH  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  EIGHTEEN,
 SEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS, FOR THE PERIOD JANUARY
 FIRST, TWO THOUSAND NINETEEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
 NINETEEN, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, and for the peri-
 od January first, two thousand [seventeen] TWENTY through March  thirty-
 first, two thousand [seventeen] TWENTY, in the amount of one million six
 hundred  thousand  dollars,  provided,  however, that for periods on and
 after January first, two thousand eight, such additional payments  shall
 be distributed to voluntary, non-profit diagnostic and treatment centers
 and  to public diagnostic and treatment centers in accordance with para-
 graph (g) of subdivision four of this section. In the event that federal
 financial participation is available for rate  adjustments  pursuant  to
 this  section,  the  commissioner shall make such payments as additional
 adjustments to rates of payment for voluntary non-profit diagnostic  and
 treatment  centers that are eligible for distributions under subdivision
 four-a of this section in the following amounts:  for  the  period  June
 first, two thousand six through December thirty-first, two thousand six,
 fifteen  million  dollars  in  the aggregate, and for the period January
 first, two thousand seven through June thirtieth,  two  thousand  seven,
 seven  million  five  hundred  thousand  dollars  in  the aggregate. The
 amounts allocated pursuant to this paragraph shall  be  aggregated  with
 and  distributed  pursuant  to  the  same  methodology applicable to the
 amounts allocated to such diagnostic  and  treatment  centers  for  such
 periods  pursuant  to subdivision four of this section if federal finan-
 cial participation is not available, or pursuant to  subdivision  four-a
 of  this  section  if  federal  financial  participation  is  available.
 Notwithstanding  section  three  hundred  sixty-eight-a  of  the  social
 services  law,  there  shall  be  no local share in a medical assistance
 payment adjustment under this subdivision.
   § 14. Section 34 of part A3 of chapter 62 of the laws of 2003 amending
 the general business law and  other  laws  relating  to  enacting  major
 components  necessary to implement the state fiscal plan for the 2003-04
 state fiscal year, as amended by section 6 of part B of  chapter  60  of
 the laws of 2014, is amended to read as follows:
   §  34.  (1) Notwithstanding any inconsistent provision of law, rule or
 regulation and effective April 1, 2008 through March  31,  [2017]  2020,

 S. 2007--B                         29                         A. 3007--B
 
 the commissioner of health is authorized to transfer and the state comp-
 troller  is authorized and directed to receive for deposit to the credit
 of the department of health's special revenue fund - other, health  care
 reform  act  (HCRA) resources fund - 061, provider collection monitoring
 account, within amounts appropriated each year,  those  funds  collected
 and  accumulated  pursuant  to  section 2807-v of the public health law,
 including income from invested funds, for the  purpose  of  payment  for
 administrative  costs  of  the  department of health related to adminis-
 tration of  statutory  duties  for  the  collections  and  distributions
 authorized by section 2807-v of the public health law.
   (2)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
 commissioner  of  health  is  authorized to transfer and the state comp-
 troller is authorized and directed to receive for deposit to the  credit
 of  the department of health's special revenue fund - other, health care
 reform act (HCRA) resources fund - 061, provider  collection  monitoring
 account,  within  amounts  appropriated each year, those funds collected
 and accumulated and interest earned through surcharges on  payments  for
 health care services pursuant to section 2807-s of the public health law
 and from assessments pursuant to section 2807-t of the public health law
 for the purpose of payment for administrative costs of the department of
 health related to administration of statutory duties for the collections
 and  distributions  authorized by sections 2807-s, 2807-t, and 2807-m of
 the public health law.
   (3) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 paragraph  (a)  of  subdivision 1 of section 2807-l of the public health
 law for the purposes of payment for administrative costs of the  depart-
 ment  of  health  related  to  the  child  health insurance plan program
 authorized pursuant to title 1-A of article 25 of the public health  law
 into  the  special  revenue funds - other, health care reform act (HCRA)
 resources fund - 061, child health insurance account, established within
 the department of health.
   (4) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 paragraph  (e)  of  subdivision 1 of section 2807-l of the public health
 law for the purpose of payment for administrative costs of  the  depart-
 ment  of  health  related to the health occupation development and work-
 place demonstration program established pursuant to section  2807-h  and
 the  health workforce retraining program established pursuant to section
 2807-g of the public health law into the special revenue funds -  other,
 health  care  reform  act (HCRA) resources fund - 061, health occupation
 development and workplace  demonstration  program  account,  established
 within the department of health.
   (5)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  allocated  pursuant  to paragraph (j) of subdivision 1 of section
 2807-v of the public health law for the purpose of payment for  adminis-

 S. 2007--B                         30                         A. 3007--B
 
 trative  costs  of the department of health related to administration of
 the state's tobacco control programs and cancer services provided pursu-
 ant to sections 2807-r and 1399-ii of the public health  law  into  such
 accounts established within the department of health for such purposes.
   (6)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within amounts appropriated each year, the  funds
 authorized for distribution in accordance with the provisions of section
 2807-l of the public health law for the purposes of payment for adminis-
 trative costs of the department of health related to the programs funded
 pursuant  to  section  2807-l  of the public health law into the special
 revenue funds - other, health care reform act (HCRA)  resources  fund  -
 061,  pilot  health insurance account, established within the department
 of health.
   (7) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized for distribution in accordance with the  provisions  of
 subparagraph  (ii)  of paragraph (f) of subdivision 19 of section 2807-c
 of the public health law from monies accumulated and interest earned  in
 the  bad  debt  and  charity care and capital statewide pools through an
 assessment charged to general hospitals pursuant to  the  provisions  of
 subdivision  18  of  section  2807-c  of the public health law and those
 funds authorized for distribution in accordance with the  provisions  of
 section  2807-l of the public health law for the purposes of payment for
 administrative costs of the department of  health  related  to  programs
 funded  under  section  2807-l of the public health law into the special
 revenue funds - other, health care reform act (HCRA)  resources  fund  -
 061, primary care initiatives account, established within the department
 of health.
   (8)  Notwithstanding  any inconsistent provision of law, rule or regu-
 lation and effective April 1, 2008 through March 31,  [2017]  2020,  the
 commissioner  of health is authorized to transfer and the comptroller is
 authorized to deposit, within  amounts  appropriated  each  year,  those
 funds  authorized  for distribution in accordance with section 2807-l of
 the public health law for the purposes  of  payment  for  administrative
 costs  of  the  department  of  health  related to programs funded under
 section 2807-l of the public health law into the special revenue funds -
 other, health care reform act (HCRA) resources fund - 061,  health  care
 delivery  administration  account,  established within the department of
 health.
   (9) Notwithstanding any inconsistent provision of law, rule  or  regu-
 lation  and  effective  April 1, 2008 through March 31, [2017] 2020, the
 commissioner of health is authorized to transfer and the comptroller  is
 authorized  to  deposit,  within  amounts  appropriated each year, those
 funds authorized pursuant to sections 2807-d, 3614-a and 3614-b  of  the
 public  health  law and section 367-i of the social services law and for
 distribution in accordance with  the  provisions  of  subdivision  9  of
 section  2807-j  of the public health law for the purpose of payment for
 administration of statutory duties for the collections and distributions
 authorized by sections 2807-c, 2807-d, 2807-j,  2807-k,  2807-l,  3614-a
 and  3614-b  of  the  public  health law and section 367-i of the social
 services law into the special revenue funds - other, health care  reform

 S. 2007--B                         31                         A. 3007--B
 
 act (HCRA) resources fund - 061, provider collection monitoring account,
 established within the department of health.
   §  15.  Paragraph (a) of subdivision 1 of section 18 of chapter 266 of
 the laws of 1986, amending the civil practice law and  rules  and  other
 laws  relating  to  malpractice  and  professional  medical  conduct, as
 amended by section 2 of part C of chapter 59 of the  laws  of  2016,  is
 amended to read as follows:
   (a)  The  superintendent of financial services and the commissioner of
 health or their designee shall, from funds  available  in  the  hospital
 excess liability pool created pursuant to subdivision 5 of this section,
 purchase  a policy or policies for excess insurance coverage, as author-
 ized by paragraph 1 of subsection (e) of section 5502 of  the  insurance
 law; or from an insurer, other than an insurer described in section 5502
 of the insurance law, duly authorized to write such coverage and actual-
 ly  writing  medical  malpractice  insurance  in  this  state;  or shall
 purchase equivalent excess coverage in a form previously approved by the
 superintendent of financial services for purposes  of  providing  equiv-
 alent  excess  coverage  in accordance with section 19 of chapter 294 of
 the laws of 1985, for medical or dental malpractice occurrences  between
 July  1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
 between July 1, 1988 and June 30, 1989, between July 1,  1989  and  June
 30,  1990,  between July 1, 1990 and June 30, 1991, between July 1, 1991
 and June 30, 1992, between July 1, 1992 and June 30, 1993, between  July
 1,  1993  and  June  30,  1994,  between July 1, 1994 and June 30, 1995,
 between July 1, 1995 and June 30, 1996, between July 1,  1996  and  June
 30,  1997,  between July 1, 1997 and June 30, 1998, between July 1, 1998
 and June 30, 1999, between July 1, 1999 and June 30, 2000, between  July
 1,  2000  and  June  30,  2001,  between July 1, 2001 and June 30, 2002,
 between July 1, 2002 and June 30, 2003, between July 1,  2003  and  June
 30,  2004,  between July 1, 2004 and June 30, 2005, between July 1, 2005
 and June 30, 2006, between July 1, 2006 and June 30, 2007, between  July
 1,  2007  and  June  30,  2008,  between July 1, 2008 and June 30, 2009,
 between July 1, 2009 and June 30, 2010, between July 1,  2010  and  June
 30,  2011,  between July 1, 2011 and June 30, 2012, between July 1, 2012
 and June 30, 2013, between July 1, 2013 and June 30, 2014, between  July
 1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016, [and]
 between  July  1,  2016  and June 30, 2017, AND BETWEEN JULY 1, 2017 AND
 JUNE 30, 2018 or reimburse the hospital  where  the  hospital  purchases
 equivalent  excess  coverage as defined in subparagraph (i) of paragraph
 (a) of subdivision 1-a of this section for medical or dental malpractice
 occurrences between July 1, 1987 and June 30, 1988, between July 1, 1988
 and June 30, 1989, between July 1, 1989 and June 30, 1990, between  July
 1,  1990  and  June  30,  1991,  between July 1, 1991 and June 30, 1992,
 between July 1, 1992 and June 30, 1993, between July 1,  1993  and  June
 30,  1994,  between July 1, 1994 and June 30, 1995, between July 1, 1995
 and June 30, 1996, between July 1, 1996 and June 30, 1997, between  July
 1,  1997  and  June  30,  1998,  between July 1, 1998 and June 30, 1999,
 between July 1, 1999 and June 30, 2000, between July 1,  2000  and  June
 30,  2001,  between July 1, 2001 and June 30, 2002, between July 1, 2002
 and June 30, 2003, between July 1, 2003 and June 30, 2004, between  July
 1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
 between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
 30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
 and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
 1,  2011  and  June  30,  2012,  between July 1, 2012 and June 30, 2013,
 between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June

 S. 2007--B                         32                         A. 3007--B
 
 30,  2015, between July 1, 2015 and June 30, 2016, [and] between July 1,
 2016 and June 30, 2017, AND BETWEEN JULY 1, 2017 AND JUNE 30,  2018  for
 physicians  or  dentists  certified  as eligible for each such period or
 periods  pursuant to subdivision 2 of this section by a general hospital
 licensed pursuant to article 28 of the public health law; provided  that
 no  single  insurer  shall  write  more  than fifty percent of the total
 excess premium for a given policy year; and provided, however, that such
 eligible physicians or dentists must have in force an individual policy,
 from an insurer licensed in this state of primary malpractice  insurance
 coverage  in  amounts of no less than one million three hundred thousand
 dollars for each  claimant  and  three  million  nine  hundred  thousand
 dollars  for  all  claimants under that policy during the period of such
 excess coverage for  such  occurrences  or  be  endorsed  as  additional
 insureds under a hospital professional liability policy which is offered
 through a voluntary attending physician ("channeling") program previous-
 ly  permitted  by  the  superintendent  of financial services during the
 period of such excess coverage for such occurrences. During such period,
 such policy for excess  coverage  or  such  equivalent  excess  coverage
 shall,  when combined with the physician's or dentist's primary malprac-
 tice insurance coverage or coverage provided through a voluntary attend-
 ing physician ("channeling") program, total an aggregate  level  of  two
 million three hundred thousand dollars for each claimant and six million
 nine  hundred  thousand dollars for all claimants from all such policies
 with respect to occurrences in each of such years provided, however,  if
 the  cost  of  primary  malpractice  insurance coverage in excess of one
 million dollars, but below  the  excess  medical  malpractice  insurance
 coverage provided pursuant to this act, exceeds the rate of nine percent
 per  annum,  then  the  required  level of primary malpractice insurance
 coverage in excess of one million dollars for each claimant shall be  in
 an  amount of not less than the dollar amount of such coverage available
 at nine percent per annum; the required level of such coverage  for  all
 claimants  under  that  policy shall be in an amount not less than three
 times the dollar amount of coverage for each claimant; and excess cover-
 age, when combined with such  primary  malpractice  insurance  coverage,
 shall  increase  the  aggregate  level  for each claimant by one million
 dollars and three  million  dollars  for  all  claimants;  and  provided
 further,  that,  with respect to policies of primary medical malpractice
 coverage that include occurrences between April 1,  2002  and  June  30,
 2002,  such  requirement  that  coverage  be in amounts no less than one
 million three hundred thousand  dollars  for  each  claimant  and  three
 million  nine hundred thousand dollars for all claimants for such occur-
 rences shall be effective April 1, 2002.
   § 16. Subdivision 3 of section 18 of chapter 266 of the laws of  1986,
 amending  the  civil  practice  law and rules and other laws relating to
 malpractice and professional medical conduct, as amended by section 3 of
 part C of chapter 59 of the laws of 2016, is amended to read as follows:
   (3)(a) The superintendent of financial services  shall  determine  and
 certify  to  each general hospital and to the commissioner of health the
 cost of excess malpractice insurance for medical or  dental  malpractice
 occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
 and  June 30, 1989, between July 1, 1989 and June 30, 1990, between July
 1, 1990 and June 30, 1991, between July  1,  1991  and  June  30,  1992,
 between  July  1,  1992 and June 30, 1993, between July 1, 1993 and June
 30, 1994, between July 1, 1994 and June 30, 1995, between July  1,  1995
 and  June 30, 1996, between July 1, 1996 and June 30, 1997, between July
 1, 1997 and June 30, 1998, between July  1,  1998  and  June  30,  1999,

 S. 2007--B                         33                         A. 3007--B
 
 between  July  1,  1999 and June 30, 2000, between July 1, 2000 and June
 30, 2001, between July 1, 2001 and June 30, 2002, between July  1,  2002
 and  June 30, 2003, between July 1, 2003 and June 30, 2004, between July
 1,  2004  and  June  30,  2005,  between July 1, 2005 and June 30, 2006,
 between July 1, 2006 and June 30, 2007, between July 1,  2007  and  June
 30,  2008,  between July 1, 2008 and June 30, 2009, between July 1, 2009
 and June 30, 2010, between July 1, 2010 and June 30, 2011, between  July
 1,  2011  and June 30, 2012, between July 1, 2012 and June 30, 2013, and
 between July 1, 2013 and June 30, 2014, between July 1,  2014  and  June
 30,  2015,  between  July 1, 2015 and June 30, 2016, and between July 1,
 2016 and June 30, 2017, AND BETWEEN JULY 1, 2017 AND JUNE 30, 2018 allo-
 cable to each general hospital for physicians or dentists  certified  as
 eligible  for purchase of a policy for excess insurance coverage by such
 general hospital in accordance with subdivision 2 of this  section,  and
 may amend such determination and certification as necessary.
   (b)  The  superintendent  of  financial  services  shall determine and
 certify to each general hospital and to the commissioner of  health  the
 cost  of  excess malpractice insurance or equivalent excess coverage for
 medical or dental malpractice occurrences between July 1, 1987 and  June
 30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
 and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
 1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
 between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
 30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
 and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
 1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
 between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
 30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
 and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
 1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
 between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
 30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
 and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
 1,  2012  and  June  30,  2013,  between July 1, 2013 and June 30, 2014,
 between July 1, 2014 and June 30, 2015, between July 1,  2015  and  June
 30,  2016,  and between July 1, 2016 and June 30, 2017, AND BETWEEN JULY
 1, 2017 AND JUNE 30, 2018 allocable to each general hospital for  physi-
 cians  or  dentists  certified  as eligible for purchase of a policy for
 excess insurance coverage or equivalent excess coverage by such  general
 hospital in accordance with subdivision 2 of this section, and may amend
 such determination and certification as necessary. The superintendent of
 financial  services shall determine and certify to each general hospital
 and to the commissioner of health the ratable share of such cost alloca-
 ble to the period July 1, 1987 to December 31, 1987, to the period Janu-
 ary 1, 1988 to June 30, 1988, to the period July 1, 1988 to December 31,
 1988, to the period January 1, 1989 to June 30, 1989, to the period July
 1, 1989 to December 31, 1989, to the period January 1, 1990 to June  30,
 1990,  to  the  period  July 1, 1990 to December 31, 1990, to the period
 January 1, 1991 to June 30, 1991, to the period July 1, 1991 to December
 31, 1991, to the period January 1, 1992 to June 30, 1992, to the  period
 July 1, 1992 to December 31, 1992, to the period January 1, 1993 to June
 30, 1993, to the period July 1, 1993 to December 31, 1993, to the period
 January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
 31,  1994, to the period January 1, 1995 to June 30, 1995, to the period
 July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
 30, 1996, to the period July 1, 1996 to December 31, 1996, to the period

 S. 2007--B                         34                         A. 3007--B
 
 January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
 31, 1997, to the period January 1, 1998 to June 30, 1998, to the  period
 July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
 30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
 January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
 31,  2000, to the period January 1, 2001 to June 30, 2001, to the period
 July 1, 2001 to June 30, 2002, to the period July 1, 2002  to  June  30,
 2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
 2004  to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
 the period July 1, 2006 and June 30, 2007, to the period  July  1,  2007
 and  June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
 period July 1, 2009 and June 30, 2010, to the period July  1,  2010  and
 June  30,  2011,  to  the  period July 1, 2011 and June 30, 2012, to the
 period July 1, 2012 and June 30, 2013, to the period July  1,  2013  and
 June  30,  2014,  to  the  period July 1, 2014 and June 30, 2015, to the
 period July 1, 2015 and June 30, 2016, and between July 1, 2016 and June
 30, 2017, AND TO THE PERIOD JULY 1, 2017 AND JUNE 30, 2018.
   § 17. Paragraphs (a), (b), (c),  (d)  and  (e)  of  subdivision  8  of
 section  18 of chapter 266 of the laws of 1986, amending the civil prac-
 tice law and rules and other laws relating to  malpractice  and  profes-
 sional  medical conduct, as amended by section 4 of part C of chapter 59
 of the laws of 2016, are amended to read as follows:
   (a) To the extent funds available to  the  hospital  excess  liability
 pool  pursuant to subdivision 5 of this section as amended, and pursuant
 to section 6 of part J of chapter 63 of the laws of 2001,  as  may  from
 time  to  time  be amended, which amended this subdivision, are insuffi-
 cient to meet the costs  of  excess  insurance  coverage  or  equivalent
 excess  coverage  for coverage periods during the period July 1, 1992 to
 June 30, 1993, during the period July 1, 1993 to June 30,  1994,  during
 the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
 to  June  30,  1996,  during  the  period July 1, 1996 to June 30, 1997,
 during the period July 1, 1997 to June 30, 1998, during the period  July
 1,  1998  to  June  30, 1999, during the period July 1, 1999 to June 30,
 2000, during the period July 1, 2000 to June 30, 2001, during the period
 July 1, 2001 to October 29, 2001, during the period  April  1,  2002  to
 June  30,  2002, during the period July 1, 2002 to June 30, 2003, during
 the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
 to June 30, 2005, during the period July  1,  2005  to  June  30,  2006,
 during  the period July 1, 2006 to June 30, 2007, during the period July
 1, 2007 to June 30, 2008, during the period July 1,  2008  to  June  30,
 2009, during the period July 1, 2009 to June 30, 2010, during the period
 July  1,  2010  to June 30, 2011, during the period July 1, 2011 to June
 30, 2012, during the period July 1, 2012 to June 30,  2013,  during  the
 period  July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
 June 30, 2015, during the period July 1, 2015 and June  30,  2016,  [and
 between]  DURING  THE  PERIOD July 1, 2016 and June 30, 2017, AND DURING
 THE PERIOD JULY 1, 2017 AND JUNE 30, 2018 allocated  or  reallocated  in
 accordance  with  paragraph  (a)  of  subdivision 4-a of this section to
 rates of payment applicable to state governmental agencies, each  physi-
 cian  or  dentist  for  whom  a  policy for excess insurance coverage or
 equivalent excess coverage is purchased for such period shall be respon-
 sible for payment to the provider of excess insurance coverage or equiv-
 alent excess coverage of an allocable share of such insufficiency, based
 on the ratio of the total cost of such coverage for  such  physician  to
 the sum of the total cost of such coverage for all physicians applied to
 such insufficiency.

 S. 2007--B                         35                         A. 3007--B
 
   (b)  Each  provider  of excess insurance coverage or equivalent excess
 coverage covering the period July 1, 1992 to June 30, 1993, or  covering
 the period July 1, 1993 to June 30, 1994, or covering the period July 1,
 1994  to  June 30, 1995, or covering the period July 1, 1995 to June 30,
 1996,  or covering the period July 1, 1996 to June 30, 1997, or covering
 the period July 1, 1997 to June 30, 1998, or covering the period July 1,
 1998 to June 30, 1999, or covering the period July 1, 1999 to  June  30,
 2000,  or covering the period July 1, 2000 to June 30, 2001, or covering
 the period July 1, 2001 to October 29,  2001,  or  covering  the  period
 April  1,  2002 to June 30, 2002, or covering the period July 1, 2002 to
 June 30, 2003, or covering the period July 1, 2003 to June 30, 2004,  or
 covering the period July 1, 2004 to June 30, 2005, or covering the peri-
 od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
 June  30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
 covering the period July 1, 2008 to June 30, 2009, or covering the peri-
 od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
 June 30, 2011, or covering the period July 1, 2011 to June 30, 2012,  or
 covering the period July 1, 2012 to June 30, 2013, or covering the peri-
 od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
 June  30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
 covering the period July 1, 2016 to June 30, 2017, OR COVERING THE PERI-
 OD JULY 1, 2017 TO JUNE 30, 2018 shall notify  a  covered  physician  or
 dentist by mail, mailed to the address shown on the last application for
 excess  insurance  coverage or equivalent excess coverage, of the amount
 due to such provider from such physician or dentist  for  such  coverage
 period  determined in accordance with paragraph (a) of this subdivision.
 Such amount shall be due from such physician or dentist to such provider
 of excess insurance coverage or equivalent excess coverage in a time and
 manner determined by the superintendent of financial services.
   (c) If a physician or dentist liable for payment of a portion  of  the
 costs  of excess insurance coverage or equivalent excess coverage cover-
 ing the period July 1, 1992 to June 30, 1993,  or  covering  the  period
 July  1,  1993  to June 30, 1994, or covering the period July 1, 1994 to
 June 30, 1995, or covering the period July 1, 1995 to June 30, 1996,  or
 covering the period July 1, 1996 to June 30, 1997, or covering the peri-
 od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
 June  30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
 covering the period July 1, 2000 to June 30, 2001, or covering the peri-
 od July 1, 2001 to October 29, 2001, or covering  the  period  April  1,
 2002  to  June 30, 2002, or covering the period July 1, 2002 to June 30,
 2003, or covering the period July 1, 2003 to June 30, 2004, or  covering
 the period July 1, 2004 to June 30, 2005, or covering the period July 1,
 2005  to  June 30, 2006, or covering the period July 1, 2006 to June 30,
 2007, or covering the period July 1, 2007 to June 30, 2008, or  covering
 the period July 1, 2008 to June 30, 2009, or covering the period July 1,
 2009  to  June 30, 2010, or covering the period July 1, 2010 to June 30,
 2011, or covering the period July 1, 2011 to June 30, 2012, or  covering
 the period July 1, 2012 to June 30, 2013, or covering the period July 1,
 2013  to  June 30, 2014, or covering the period July 1, 2014 to June 30,
 2015, or covering the period July 1, 2015 to June 30, 2016, or  covering
 the period July 1, 2016 to June 30, 2017, OR COVERING THE PERIOD JULY 1,
 2017  TO  JUNE  30,  2018 determined in accordance with paragraph (a) of
 this subdivision fails, refuses or  neglects  to  make  payment  to  the
 provider  of  excess insurance coverage or equivalent excess coverage in
 such time and manner as determined by the  superintendent  of  financial
 services pursuant to paragraph (b) of this subdivision, excess insurance

 S. 2007--B                         36                         A. 3007--B

 coverage  or  equivalent excess coverage purchased for such physician or
 dentist in accordance with this section for such coverage  period  shall
 be  cancelled and shall be null and void as of the first day on or after
 the  commencement  of  a  policy  period where the liability for payment
 pursuant to this subdivision has not been met.
   (d) Each provider of excess insurance coverage  or  equivalent  excess
 coverage  shall  notify the superintendent of financial services and the
 commissioner of health or their designee of each physician  and  dentist
 eligible  for  purchase  of  a  policy  for excess insurance coverage or
 equivalent excess coverage covering the period July 1, 1992 to June  30,
 1993,  or covering the period July 1, 1993 to June 30, 1994, or covering
 the period July 1, 1994 to June 30, 1995, or covering the period July 1,
 1995 to June 30, 1996, or covering the period July 1, 1996 to  June  30,
 1997,  or covering the period July 1, 1997 to June 30, 1998, or covering
 the period July 1, 1998 to June 30, 1999, or covering the period July 1,
 1999 to June 30, 2000, or covering the period July 1, 2000 to  June  30,
 2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
 ing  the  period  April 1, 2002 to June 30, 2002, or covering the period
 July 1, 2002 to June 30, 2003, or covering the period July  1,  2003  to
 June  30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
 covering the period July 1, 2005 to June 30, 2006, or covering the peri-
 od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
 June 30, 2008, or covering the period July 1, 2008 to June 30, 2009,  or
 covering the period July 1, 2009 to June 30, 2010, or covering the peri-
 od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
 June  30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
 covering the period July 1, 2013 to June 30, 2014, or covering the peri-
 od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
 June 30, 2016, or covering the period July 1, 2016 to June 30, 2017,  OR
 COVERING  THE PERIOD JULY 1, 2017 TO JUNE 30, 2018 that has made payment
 to such provider of  excess  insurance  coverage  or  equivalent  excess
 coverage  in  accordance  with  paragraph (b) of this subdivision and of
 each physician and dentist who has failed, refused or neglected to  make
 such payment.
   (e)  A  provider  of  excess  insurance  coverage or equivalent excess
 coverage shall refund to the hospital excess liability pool  any  amount
 allocable to the period July 1, 1992 to June 30, 1993, and to the period
 July  1,  1993  to June 30, 1994, and to the period July 1, 1994 to June
 30, 1995, and to the period July 1, 1995 to June 30, 1996,  and  to  the
 period  July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
 June 30, 1998, and to the period July 1, 1998 to June 30, 1999,  and  to
 the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
 to  June  30,  2001, and to the period July 1, 2001 to October 29, 2001,
 and to the period April 1, 2002 to June 30, 2002, and to the period July
 1, 2002 to June 30, 2003, and to the period July 1,  2003  to  June  30,
 2004, and to the period July 1, 2004 to June 30, 2005, and to the period
 July  1,  2005  to June 30, 2006, and to the period July 1, 2006 to June
 30, 2007, and to the period July 1, 2007 to June 30, 2008,  and  to  the
 period  July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
 June 30, 2010, and to the period July 1, 2010 to June 30, 2011,  and  to
 the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
 to  June  30, 2013, and to the period July 1, 2013 to June 30, 2014, and
 to the period July 1, 2014 to June 30, 2015, and to the period  July  1,
 2015  to  June  30,  2016,  [and] to the period July 1, 2016 to June 30,
 2017, AND TO THE PERIOD JULY 1, 2017 TO JUNE 30, 2018 received from  the
 hospital excess liability pool for purchase of excess insurance coverage

 S. 2007--B                         37                         A. 3007--B
 
 or  equivalent  excess coverage covering the period July 1, 1992 to June
 30, 1993, and covering the period July 1, 1993 to  June  30,  1994,  and
 covering  the  period  July  1,  1994 to June 30, 1995, and covering the
 period  July  1,  1995 to June 30, 1996, and covering the period July 1,
 1996 to June 30, 1997, and covering the period July 1, 1997 to June  30,
 1998,  and covering the period July 1, 1998 to June 30, 1999, and cover-
 ing the period July 1, 1999 to June 30, 2000, and  covering  the  period
 July  1,  2000 to June 30, 2001, and covering the period July 1, 2001 to
 October 29, 2001, and covering the period April  1,  2002  to  June  30,
 2002,  and covering the period July 1, 2002 to June 30, 2003, and cover-
 ing the period July 1, 2003 to June 30, 2004, and  covering  the  period
 July  1,  2004 to June 30, 2005, and covering the period July 1, 2005 to
 June 30, 2006, and covering the period July 1, 2006 to  June  30,  2007,
 and  covering the period July 1, 2007 to June 30, 2008, and covering the
 period July 1, 2008 to June 30, 2009, and covering the  period  July  1,
 2009  to June 30, 2010, and covering the period July 1, 2010 to June 30,
 2011, and covering the period July 1, 2011 to June 30, 2012, and  cover-
 ing  the  period  July 1, 2012 to June 30, 2013, and covering the period
 July 1, 2013 to June 30, 2014, and covering the period July 1,  2014  to
 June  30,  2015,  and covering the period July 1, 2015 to June 30, 2016,
 and covering the period July 1, 2016 to June 30, 2017, AND COVERING  THE
 PERIOD  JULY  1,  2017 TO JUNE 30, 2018 for a physician or dentist where
 such  excess  insurance  coverage  or  equivalent  excess  coverage   is
 cancelled in accordance with paragraph (c) of this subdivision.
   §  18.  Section  40  of  chapter 266 of the laws of 1986, amending the
 civil practice law and rules and other laws relating to malpractice  and
 professional medical conduct, as amended by section 5 of part C of chap-
 ter 59 of the laws of 2016, is amended to read as follows:
   §  40.  The superintendent of financial services shall establish rates
 for policies providing coverage  for  physicians  and  surgeons  medical
 malpractice  for the periods commencing July 1, 1985 and ending June 30,
 [2017] 2018; provided, however, that notwithstanding any other provision
 of law, the superintendent shall not establish or approve  any  increase
 in  rates  for  the  period  commencing July 1, 2009 and ending June 30,
 2010. The superintendent shall direct insurers to  establish  segregated
 accounts  for premiums, payments, reserves and investment income attrib-
 utable to such premium periods and shall require periodic reports by the
 insurers regarding claims and expenses attributable to such  periods  to
 monitor whether such accounts will be sufficient to meet incurred claims
 and  expenses. On or after July 1, 1989, the superintendent shall impose
 a surcharge on premiums  to  satisfy  a  projected  deficiency  that  is
 attributable  to the premium levels established pursuant to this section
 for such periods; provided, however, that such  annual  surcharge  shall
 not  exceed  eight  percent of the established rate until July 1, [2017]
 2018, at which time and thereafter such surcharge shall not exceed twen-
 ty-five percent of the approved adequate  rate,  and  that  such  annual
 surcharges shall continue for such period of time as shall be sufficient
 to  satisfy  such  deficiency.  The superintendent shall not impose such
 surcharge during the period commencing July 1, 2009 and ending June  30,
 2010.  On  and  after  July  1,  1989,  the surcharge prescribed by this
 section shall be retained by insurers to the extent  that  they  insured
 physicians  and surgeons during the July 1, 1985 through June 30, [2017]
 2018 policy periods; in the event  and  to  the  extent  physicians  and
 surgeons  were  insured by another insurer during such periods, all or a
 pro rata share of the surcharge, as the case may be, shall  be  remitted
 to  such  other  insurer  in accordance with rules and regulations to be

 S. 2007--B                         38                         A. 3007--B
 
 promulgated by the superintendent.  Surcharges collected from physicians
 and surgeons who were not insured during such policy  periods  shall  be
 apportioned  among  all insurers in proportion to the premium written by
 each  insurer  during such policy periods; if a physician or surgeon was
 insured by an insurer subject to rates established by the superintendent
 during such policy periods, and  at  any  time  thereafter  a  hospital,
 health  maintenance organization, employer or institution is responsible
 for responding in damages for liability arising out of such  physician's
 or  surgeon's  practice  of medicine, such responsible entity shall also
 remit to such prior insurer the equivalent amount  that  would  then  be
 collected  as  a  surcharge if the physician or surgeon had continued to
 remain insured by such prior insurer. In  the  event  any  insurer  that
 provided  coverage  during  such  policy  periods is in liquidation, the
 property/casualty insurance security fund shall receive the  portion  of
 surcharges to which the insurer in liquidation would have been entitled.
 The surcharges authorized herein shall be deemed to be income earned for
 the  purposes of section 2303 of the insurance law.  The superintendent,
 in establishing adequate rates and in determining  any  projected  defi-
 ciency  pursuant  to  the requirements of this section and the insurance
 law, shall give substantial weight, determined  in  his  discretion  and
 judgment,  to  the  prospective  anticipated  effect  of any regulations
 promulgated and laws enacted and the  public  benefit  of    stabilizing
 malpractice rates and minimizing rate level fluctuation during the peri-
 od  of  time  necessary for the development of more reliable statistical
 experience as to the efficacy of such  laws  and  regulations  affecting
 medical, dental or podiatric malpractice enacted or promulgated in 1985,
 1986,  by this act and at any other time.  Notwithstanding any provision
 of the insurance law, rates already established and to be established by
 the superintendent pursuant to this section are deemed adequate if  such
 rates  would be adequate when taken together with the maximum authorized
 annual surcharges to be imposed for a reasonable period of time  whether
 or  not  any  such  annual surcharge has been actually imposed as of the
 establishment of such rates.
   § 19. Section 5 and subdivisions (a) and (e) of section 6 of part J of
 chapter 63 of the laws of 2001, amending chapter  266  of  the  laws  of
 1986,  amending the civil practice law and rules and other laws relating
 to malpractice and professional medical conduct, as amended by section 6
 of part C of chapter 59 of the laws of 2016,  are  amended  to  read  as
 follows:
   §  5. The superintendent of financial services and the commissioner of
 health shall determine, no later than June 15, 2002, June 15, 2003, June
 15, 2004, June 15, 2005, June 15, 2006, June 15, 2007,  June  15,  2008,
 June  15,  2009,  June  15, 2010, June 15, 2011, June 15, 2012, June 15,
 2013, June 15, 2014, June 15, 2015, June 15, 2016, [and] June 15,  2017,
 AND  JUNE  15, 2018 the amount of funds available in the hospital excess
 liability pool, created pursuant to section 18 of  chapter  266  of  the
 laws  of  1986,  and  whether  such funds are sufficient for purposes of
 purchasing excess insurance coverage for eligible  participating  physi-
 cians  and  dentists during the period July 1, 2001 to June 30, 2002, or
 July 1, 2002 to June 30, 2003, or July 1, 2003 to June 30, 2004, or July
 1, 2004 to June 30, 2005, or July 1, 2005 to June 30, 2006, or  July  1,
 2006 to June 30, 2007, or July 1, 2007 to June 30, 2008, or July 1, 2008
 to  June  30, 2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to
 June 30, 2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June
 30, 2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June  30,

 S. 2007--B                         39                         A. 3007--B
 
 2015,  or  July  1,  2015  to June 30, 2016, or July 1, 2016 to June 30,
 2017, OR TO JULY 1, 2017 TO JUNE 30, 2018 as applicable.
   (a)  This section shall be effective only upon a determination, pursu-
 ant to section five of this act,  by  the  superintendent  of  financial
 services  and  the  commissioner  of health, and a certification of such
 determination to the state director of the  budget,  the  chair  of  the
 senate  committee  on finance and the chair of the assembly committee on
 ways and means, that the amount of funds in the hospital excess  liabil-
 ity  pool,  created pursuant to section 18 of chapter 266 of the laws of
 1986, is insufficient for purposes of purchasing excess insurance cover-
 age for eligible participating physicians and dentists during the period
 July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or  July  1,
 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
 to  June  30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
 June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June  30,
 2014,  or  July  1,  2014  to June 30, 2015, or July 1, 2015 to June 30,
 2016, or July 1, 2016 to June 30, 2017, OR JULY 1, 2017 TO JUNE 30, 2018
 as applicable.
   (e) The commissioner of health  shall  transfer  for  deposit  to  the
 hospital excess liability pool created pursuant to section 18 of chapter
 266  of  the laws of 1986 such amounts as directed by the superintendent
 of financial services for the purchase  of  excess  liability  insurance
 coverage  for  eligible  participating  physicians  and dentists for the
 policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to  June  30,
 2003,  or  July  1,  2003  to June 30, 2004, or July 1, 2004 to June 30,
 2005, or July 1, 2005 to June 30, 2006, or July  1,  2006  to  June  30,
 2007,  as  applicable, and the cost of administering the hospital excess
 liability pool for such applicable policy year,  pursuant to the program
 established in chapter 266 of the laws of 1986,  as  amended,  no  later
 than  June  15,  2002, June 15, 2003, June 15, 2004, June 15, 2005, June
 15, 2006, June 15, 2007, June 15, 2008, June 15, 2009,  June  15,  2010,
 June  15,  2011,  June  15, 2012, June 15, 2013, June 15, 2014, June 15,
 2015, June 15, 2016, [and] June 15, 2017, AND JUNE 15, 2018 as  applica-
 ble.
   §  20.  Notwithstanding  any  law, rule or regulation to the contrary,
 only physicians or dentists who were eligible, and for whom  the  super-
 intendent of financial services and the commissioner of health, or their
 designee, purchased, with funds available in the hospital excess liabil-
 ity  pool,  a  full  or partial policy for excess coverage or equivalent
 excess coverage for the coverage period ending the  thirtieth  of  June,
 two thousand seventeen, shall be eligible to apply for such coverage for
 the coverage period beginning the first of July, two thousand seventeen;
 provided,  however,  if  the  total number of physicians or dentists for
 whom such excess coverage or equivalent excess  coverage  was  purchased
 for the policy year ending the thirtieth of June, two thousand seventeen
 exceeds the total number of physicians or dentists certified as eligible
 for the coverage period beginning the first of July, two thousand seven-
 teen,  then the general hospitals may certify additional eligible physi-
 cians or dentists in a number equal to such general  hospital's  propor-
 tional  share  of  the  total  number of physicians or dentists for whom
 excess coverage or equivalent excess coverage was purchased  with  funds
 available  in  the hospital excess liability pool as of the thirtieth of
 June, two thousand seventeen, as applied to the difference  between  the
 number  of  eligible physicians or dentists for whom a policy for excess

 S. 2007--B                         40                         A. 3007--B
 
 coverage or equivalent excess coverage was purchased  for  the  coverage
 period  ending  the  thirtieth  of  June, two thousand seventeen and the
 number of such eligible physicians or  dentists  who  have  applied  for
 excess  coverage  or  equivalent excess coverage for the coverage period
 beginning the first of July, two thousand seventeen.
   § 21. Section 2807-l of the public health law, as amended by section 7
 of part B of chapter 60 of the laws of  2014,  is  amended  to  read  as
 follows:
   § 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
 lated  in the health care initiatives pools pursuant to paragraph (b) of
 subdivision nine of section twenty-eight hundred seven-j of  this  arti-
 cle,  or  the  health  care reform act (HCRA) resources fund established
 pursuant to section ninety-two-dd of the state finance law, whichever is
 applicable, including income from invested funds, shall  be  distributed
 or retained by the commissioner or by the state comptroller, as applica-
 ble, in accordance with the following.
   (a)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  to programs to provide health care coverage for unin-
 sured or underinsured children pursuant to sections twenty-five  hundred
 ten  and  twenty-five hundred eleven of this chapter from the respective
 health care initiatives pools established for the following  periods  in
 the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 up to one hundred twenty million six hundred thousand dollars;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, up to  one  hundred  sixty-four  million  five  hundred  thousand
 dollars;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 up to one hundred eighty-one million dollars;
   (iv) from the pool for the period January first, two thousand  through
 December thirty-first, two thousand, two hundred seven million dollars;
   (v)  from  the  pool  for  the  period January first, two thousand one
 through December thirty-first, two thousand one, two hundred thirty-five
 million dollars;
   (vi) from the pool for the period  January  first,  two  thousand  two
 through  December  thirty-first, two thousand two, three hundred twenty-
 four million dollars;
   (vii) from the pool for the period January first, two  thousand  three
 through  December  thirty-first,  two thousand three, up to four hundred
 fifty million three hundred thousand dollars;
   (viii) from the pool for the period January first, two  thousand  four
 through  December  thirty-first,  two  thousand four, up to four hundred
 sixty million nine hundred thousand dollars;
   (ix) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 sand five through December thirty-first, two thousand five,  up  to  one
 hundred fifty-three million eight hundred thousand dollars;
   (x)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand six  through  December  thirty-first,
 two  thousand  six, up to three hundred twenty-five million four hundred
 thousand dollars;

 S. 2007--B                         41                         A. 3007--B
 
   (xi) from the health care reform act (HCRA)  resources  fund  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven, up to four hundred twenty-eight  million  fifty-nine
 thousand dollars;
   (xii)  from  the  health care reform act (HCRA) resources fund for the
 period January first, two thousand eight through December  thirty-first,
 two  thousand  ten,  up  to four hundred fifty-three million six hundred
 seventy-four thousand dollars annually;
   (xiii) from the health care reform act (HCRA) resources fund  for  the
 period  January  first, two thousand eleven, through March thirty-first,
 two thousand eleven, up to one hundred  thirteen  million  four  hundred
 eighteen thousand dollars;
   (xiv)  from  the  health care reform act (HCRA) resources fund for the
 period April first, two thousand eleven, through March thirty-first, two
 thousand twelve, up to three hundred twenty-four million  seven  hundred
 forty-four thousand dollars;
   (xv)  from  the  health  care reform act (HCRA) resources fund for the
 period April first, two thousand twelve, through March thirty-first, two
 thousand thirteen, up to three hundred forty-six  million  four  hundred
 forty-four thousand dollars;
   (xvi)  from  the  health care reform act (HCRA) resources fund for the
 period April first, two thousand thirteen, through  March  thirty-first,
 two  thousand  fourteen, up to three hundred seventy million six hundred
 ninety-five thousand dollars; and
   (xvii) from the health care reform act (HCRA) resources fund for  each
 state  fiscal  year  for  periods on and after April first, two thousand
 fourteen, within amounts appropriated.
   (b) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of distributions for health  insurance  programs  under  the  individual
 subsidy programs established pursuant to the expanded health care cover-
 age  act of nineteen hundred eighty-eight as amended, and for evaluation
 of such programs from the respective health care  initiatives  pools  or
 the  health care reform act (HCRA) resources fund, whichever is applica-
 ble, established for the following periods in the following amounts:
   (i) (A) an amount not to exceed six million dollars on  an  annualized
 basis  for  the  periods  January  first,  nineteen hundred ninety-seven
 through December thirty-first, nineteen hundred ninety-nine; up  to  six
 million  dollars  for  the  period  January  first, two thousand through
 December thirty-first, two thousand; up to five million dollars for  the
 period  January  first,  two thousand one through December thirty-first,
 two thousand one; up to four million  dollars  for  the  period  January
 first, two thousand two through December thirty-first, two thousand two;
 up  to  two  million six hundred thousand dollars for the period January
 first, two thousand three through December  thirty-first,  two  thousand
 three;  up  to one million three hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four; up to six hundred seventy thousand dollars for the period
 January  first,  two  thousand five through June thirtieth, two thousand
 five; up to one million three hundred thousand dollars  for  the  period
 April  first,  two thousand six through March thirty-first, two thousand
 seven; and up to one million three hundred thousand dollars annually for
 the period April first, two thousand seven through  March  thirty-first,
 two  thousand  nine,  shall be allocated to individual subsidy programs;
 and

 S. 2007--B                         42                         A. 3007--B
 
   (B) an amount not to exceed seven million  dollars  on  an  annualized
 basis  for the periods during the period January first, nineteen hundred
 ninety-seven through December thirty-first, nineteen hundred ninety-nine
 and four million dollars annually for the  periods  January  first,  two
 thousand  through  December  thirty-first,  two  thousand two, and three
 million dollars for the period January first, two thousand three through
 December thirty-first, two thousand three, and two million  dollars  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four, and two million dollars for the period January
 first, two thousand five through June thirtieth, two thousand five shall
 be allocated to the catastrophic health care expense program.
   (ii) Notwithstanding any law to the contrary, the characterizations of
 the New York state small business health insurance  partnership  program
 as  in  effect  prior  to  June  thirtieth,  two thousand three, voucher
 program as in effect prior to December thirty-first, two  thousand  one,
 individual  subsidy  program  as  in effect prior to June thirtieth, two
 thousand five, and catastrophic  health  care  expense  program,  as  in
 effect prior to June thirtieth, two thousand five, may, for the purposes
 of  identifying  matching funds for the community health care conversion
 demonstration project described in a waiver of the provisions  of  title
 XIX  of the federal social security act granted to the state of New York
 and dated July fifteenth, nineteen hundred ninety-seven, may continue to
 be used to characterize the insurance programs in sections four thousand
 three hundred twenty-one-a, four thousand  three  hundred  twenty-two-a,
 four  thousand  three hundred twenty-six and four thousand three hundred
 twenty-seven of the insurance law, which are successor programs to these
 programs.
   (c) Up to seventy-eight million dollars shall be reserved and  accumu-
 lated  from  year  to  year  from the pool for the period January first,
 nineteen hundred ninety-seven through  December  thirty-first,  nineteen
 hundred  ninety-seven,  for  purposes  of  public health programs, up to
 seventy-six million dollars shall be reserved and accumulated from  year
 to  year  from the pools for the periods January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight  and  January first, nineteen hundred ninety-nine through December
 thirty-first, nineteen hundred ninety-nine, up  to  eighty-four  million
 dollars  shall  be  reserved  and accumulated from year to year from the
 pools for the period January first, two thousand through December  thir-
 ty-first,  two  thousand,  up  to  eighty-five  million dollars shall be
 reserved and accumulated from year to year from the pools for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to eighty-six million dollars shall be reserved and accumu-
 lated from year to year from the pools for the period January first, two
 thousand two through December thirty-first,  two  thousand  two,  up  to
 eighty-six  million one hundred fifty thousand dollars shall be reserved
 and accumulated from year to year from the pools for the period  January
 first,  two  thousand  three through December thirty-first, two thousand
 three, up to fifty-eight million seven hundred eighty  thousand  dollars
 shall  be  reserved and accumulated from year to year from the pools for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four, up to sixty-eight million seven hundred thirty
 thousand  dollars  shall  be  reserved and accumulated from year to year
 from the pools or the health care  reform  act  (HCRA)  resources  fund,
 whichever is applicable, for the period January first, two thousand five
 through  December  thirty-first,  two  thousand  five, up to ninety-four
 million three hundred fifty thousand dollars shall be reserved and accu-

 S. 2007--B                         43                         A. 3007--B
 
 mulated from year to  year  from  the  health  care  reform  act  (HCRA)
 resources  fund  for  the period January first, two thousand six through
 December thirty-first, two thousand six,  up  to  seventy  million  nine
 hundred  thirty-nine  thousand dollars shall be reserved and accumulated
 from year to year from the health care reform act (HCRA) resources  fund
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven,  up  to  fifty-five  million  six  hundred
 eighty-nine  thousand dollars annually shall be reserved and accumulated
 from year to year from the health care reform act (HCRA) resources  fund
 for  the period January first, two thousand eight through December thir-
 ty-first, two thousand ten, up to thirteen million nine hundred  twenty-
 two thousand dollars shall be reserved and accumulated from year to year
 from  the  health  care  reform act (HCRA) resources fund for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, and for periods on and  after  April  first,  two  thousand
 eleven,  up  to  funding amounts specified below and shall be available,
 including income from invested funds, for:
   (i) deposit by the commissioner, within amounts appropriated, and  the
 state  comptroller  is  hereby  authorized  and  directed to receive for
 deposit to, to the credit of the department of health's special  revenue
 fund  -  other, hospital based grants program account or the health care
 reform act (HCRA) resources fund, whichever is applicable, for  purposes
 of  services  and  expenses  related  to  general  hospital  based grant
 programs, up to twenty-two million dollars annually  from  the  nineteen
 hundred  ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
 hundred ninety-nine pool, two thousand pool, two thousand one  pool  and
 two  thousand  two  pool, respectively, up to twenty-two million dollars
 from the two thousand three pool, up to  ten  million  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four, up to eleven million dollars for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 five, up to twenty-two million dollars for the period January first, two
 thousand six through December thirty-first,  two  thousand  six,  up  to
 twenty-two million ninety-seven thousand dollars annually for the period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand ten, up to  five  million  five  hundred  twenty-four  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven, up to thirteen million  four  hundred
 forty-five  thousand  dollars  for  the period April first, two thousand
 eleven through March thirty-first, two thousand twelve, and up to  thir-
 teen  million  three  hundred  seventy-five  thousand dollars each state
 fiscal year for the period April  first,  two  thousand  twelve  through
 March thirty-first, two thousand fourteen;
   (ii) deposit by the commissioner, within amounts appropriated, and the
 state  comptroller  is  hereby  authorized  and  directed to receive for
 deposit to, to the credit of the  emergency  medical  services  training
 account  established  in section ninety-seven-q of the state finance law
 or the health care reform act (HCRA) resources fund, whichever is appli-
 cable, up to sixteen million dollars on  an  annualized  basis  for  the
 periods  January  first,  nineteen hundred ninety-seven through December
 thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
 for the period January first,  two  thousand  through  December  thirty-
 first,  two  thousand,  up  to twenty-one million dollars for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one, up to twenty-two million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two, up  to

 S. 2007--B                         44                         A. 3007--B
 
 twenty-two  million  five  hundred fifty thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand  three,  up to nine million six hundred eighty thousand dollars
 for  the  period January first, two thousand four through December thir-
 ty-first, two thousand four, up to twelve  million  one  hundred  thirty
 thousand dollars for the period January first, two thousand five through
 December  thirty-first, two thousand five, up to twenty-four million two
 hundred fifty thousand dollars for the period January first,  two  thou-
 sand  six  through December thirty-first, two thousand six, up to twenty
 million four hundred ninety-two thousand dollars annually for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand  ten,  up  to  five  million  one hundred twenty-three thousand
 dollars for the period January first, two thousand eleven through  March
 thirty-first,  two thousand eleven, up to eighteen million three hundred
 fifty thousand dollars for the period April first, two  thousand  eleven
 through  March thirty-first, two thousand twelve, up to eighteen million
 nine hundred fifty thousand dollars for  the  period  April  first,  two
 thousand twelve through March thirty-first, two thousand thirteen, up to
 nineteen  million  four hundred nineteen thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen, and up to nineteen million six hundred  fifty-nine  thou-
 sand  seven  hundred  dollars  each  state fiscal year for the period of
 April first, two thousand fourteen through March thirty-first, two thou-
 sand [seventeen] TWENTY;
   (iii) priority distributions by  the  commissioner  up  to  thirty-two
 million dollars on an annualized basis for the period January first, two
 thousand  through  December thirty-first, two thousand four, up to thir-
 ty-eight million dollars on an annualized basis for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 six, up to eighteen million two hundred fifty thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven, up to three million dollars annually for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand ten, up to seven hundred fifty thousand dollars for the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand  eleven, up to two million nine hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March  thirty-first,  two  thousand fourteen, and up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  fourteen through March thirty-first, two thousand
 [seventeen] TWENTY to be allocated  (A)  for  the  purposes  established
 pursuant  to  subparagraph (ii) of paragraph (f) of subdivision nineteen
 of section twenty-eight hundred seven-c of this article as in effect  on
 December thirty-first, nineteen hundred ninety-six and as may thereafter
 be amended, up to fifteen million dollars annually for the periods Janu-
 ary  first,  two  thousand  through  December thirty-first, two thousand
 four, up to twenty-one million dollars annually for the  period  January
 first,  two  thousand  five  through December thirty-first, two thousand
 six, and up to seven million five hundred thousand dollars for the peri-
 od January first, two thousand seven  through  March  thirty-first,  two
 thousand seven;
   (B)  pursuant  to  a  memorandum  of understanding entered into by the
 commissioner, the majority leader of the senate and the speaker  of  the
 assembly,  for  the purposes outlined in such memorandum upon the recom-
 mendation of the majority leader  of the senate,  up  to  eight  million
 five hundred thousand dollars annually for the period January first, two

 S. 2007--B                         45                         A. 3007--B
 
 thousand through December thirty-first, two thousand six, and up to four
 million two hundred fifty thousand dollars for the period January first,
 two  thousand  seven through June thirtieth, two thousand seven, and for
 the  purposes outlined in such memorandum upon the recommendation of the
 speaker of the assembly, up  to  eight  million  five  hundred  thousand
 dollars  annually  for  the  periods January first, two thousand through
 December thirty-first, two thousand six, and  up  to  four  million  two
 hundred  fifty  thousand dollars for the period January first, two thou-
 sand seven through June thirtieth, two thousand seven; and
   (C) for services and expenses, including grants, related to  emergency
 assistance  distributions  as  designated by the commissioner.  Notwith-
 standing section one hundred twelve or one hundred  sixty-three  of  the
 state  finance law or any other contrary provision of law, such distrib-
 utions shall be limited to providers or programs where, as determined by
 the commissioner, emergency assistance is vital to protect the  life  or
 safety  of  patients,  to ensure the retention of facility caregivers or
 other staff, or in instances where health facility operations are  jeop-
 ardized,  or  where  the public health is jeopardized or other emergency
 situations exist, up to three million dollars annually  for  the  period
 April first, two thousand seven through March thirty-first, two thousand
 eleven,  up  to  two  million  nine  hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March  thirty-first, two thousand fourteen, [and] up to two million nine
 hundred thousand dollars each state fiscal year  for  the  period  April
 first,  two  thousand  fourteen through March thirty-first, two thousand
 seventeen, AND UP TO TWO MILLION  NINE  HUNDRED  THOUSAND  DOLLARS  EACH
 STATE  FISCAL  YEAR  FOR  THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN
 THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY. Upon  any  distribution
 of  such  funds, the commissioner shall immediately notify the chair and
 ranking minority member of the senate finance  committee,  the  assembly
 ways and means committee, the senate committee on health, and the assem-
 bly committee on health;
   (iv)  distributions  by  the  commissioner  related  to poison control
 centers pursuant to subdivision seven of section  twenty-five  hundred-d
 of  this  chapter,  up  to  five  million dollars for the period January
 first, nineteen  hundred  ninety-seven  through  December  thirty-first,
 nineteen hundred ninety-seven, up to three million dollars on an annual-
 ized  basis  for  the  periods during the period January first, nineteen
 hundred ninety-eight through  December  thirty-first,  nineteen  hundred
 ninety-nine, up to five million dollars annually for the periods January
 first,  two thousand through December thirty-first, two thousand two, up
 to four million six hundred thousand dollars annually  for  the  periods
 January  first,  two  thousand  three through December thirty-first, two
 thousand four, up to five million one hundred thousand dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand six annually, up  to  five  million  one  hundred  thousand
 dollars  annually  for  the  period  January  first,  two thousand seven
 through December thirty-first, two thousand nine, up  to  three  million
 six  hundred thousand dollars for the period January first, two thousand
 ten through December thirty-first, two thousand ten, up to seven hundred
 seventy-five thousand dollars for the period January first, two thousand
 eleven through March  thirty-first,  two  thousand  eleven,  up  to  two
 million  five  hundred  thousand  dollars each state fiscal year for the
 period April first, two thousand eleven through March thirty-first,  two
 thousand  fourteen,  [and] up to three million dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March

 S. 2007--B                         46                         A. 3007--B
 
 thirty-first,  two  thousand  seventeen, AND UP TO THREE MILLION DOLLARS
 EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  SEVEN-
 TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY; and
   (v)  deposit by the commissioner, within amounts appropriated, and the
 state comptroller is hereby  authorized  and  directed  to  receive  for
 deposit  to, to the credit of the department of health's special revenue
 fund - other, miscellaneous special revenue  fund  -  339  maternal  and
 child  HIV  services  account  or  the  health  care  reform  act (HCRA)
 resources fund, whichever is  applicable,  for  purposes  of  a  special
 program  for  HIV services for women and children, including adolescents
 pursuant to section twenty-five hundred-f-one of  this  chapter,  up  to
 five  million  dollars annually for the periods January first, two thou-
 sand through December thirty-first, two thousand two, up to five million
 dollars for the period January first, two thousand three through  Decem-
 ber  thirty-first,  two  thousand  three, up to two million five hundred
 thousand dollars for the period January first, two thousand four through
 December thirty-first, two thousand four, up to two million five hundred
 thousand dollars for the period January first, two thousand five through
 December thirty-first, two thousand five, up to five million dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first,  two  thousand  six,  up to five million dollars annually for the
 period January first, two thousand seven through December  thirty-first,
 two  thousand  ten, up to one million two hundred fifty thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first,  two  thousand  eleven, and up to five million dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen;
   (d)  (i)  An  amount  of up to twenty million dollars annually for the
 period January first, two thousand through  December  thirty-first,  two
 thousand  six,  up  to ten million dollars for the period January first,
 two thousand seven through June thirtieth, two  thousand  seven,  up  to
 twenty  million dollars annually for the period January first, two thou-
 sand eight through December thirty-first, two thousand ten, up  to  five
 million  dollars  for  the  period  January  first,  two thousand eleven
 through March thirty-first, two thousand eleven, up to nineteen  million
 six hundred thousand dollars each state fiscal year for the period April
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 fourteen, [and] up to nineteen million six hundred thousand dollars each
 state fiscal year for the period  April  first,  two  thousand  fourteen
 through  March  thirty-first, two thousand seventeen, AND UP TO NINETEEN
 MILLION SIX HUNDRED THOUSAND DOLLARS EACH  STATE  FISCAL  YEAR  FOR  THE
 PERIOD  OF  APRIL  FIRST,  TWO  THOUSAND SEVENTEEN THROUGH MARCH THIRTY-
 FIRST, TWO THOUSAND TWENTY, shall be transferred to the health  facility
 restructuring  pool established pursuant to section twenty-eight hundred
 fifteen of this article;
   (ii) provided, however, amounts transferred pursuant  to  subparagraph
 (i)  of this paragraph may be reduced in an amount to be approved by the
 director of the budget to reflect the amount received from  the  federal
 government  under  the  state's  1115 waiver which is directed under its
 terms and conditions to the health facility restructuring program.
   (e) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be available,  including income from invested funds, for purposes
 of distributions  to  organizations  to  support  the  health  workforce
 retraining  program established pursuant to section twenty-eight hundred
 seven-g of this  article from the  respective  health  care  initiatives
 pools  established  for  the  following periods in the following amounts

 S. 2007--B                         47                         A. 3007--B
 
 from the pools or the health care  reform  act  (HCRA)  resources  fund,
 whichever  is  applicable,  during  the  period  January first, nineteen
 hundred ninety-seven through  December  thirty-first,  nineteen  hundred
 ninety-nine,  up  to fifty million dollars on an annualized basis, up to
 thirty million dollars  for  the  period  January  first,  two  thousand
 through December thirty-first, two thousand, up to forty million dollars
 for  the period January first, two thousand one through December thirty-
 first, two thousand one, up to fifty  million  dollars  for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two, up to forty-one million one hundred fifty thousand dollars for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three, up to forty-one  million  one  hundred  fifty
 thousand dollars for the period January first, two thousand four through
 December  thirty-first,  two  thousand  four,  up to fifty-eight million
 three hundred sixty thousand dollars for the period January  first,  two
 thousand  five  through  December thirty-first, two thousand five, up to
 fifty-two million three hundred sixty thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand  six, up to thirty-five million four hundred thousand dollars annu-
 ally for the period January first, two thousand seven  through  December
 thirty-first,  two thousand ten, up to eight million eight hundred fifty
 thousand dollars for the  period  January  first,  two  thousand  eleven
 through  March  thirty-first,  two  thousand  eleven, up to twenty-eight
 million four hundred thousand dollars each state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen, [and] up to twenty-six million eight  hundred  seven-
 teen thousand dollars each state fiscal year for the period April first,
 two   thousand   fourteen   through  March  thirty-first,  two  thousand
 seventeen, AND UP TO TWENTY-SIX MILLION EIGHT HUNDRED SEVENTEEN THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND TWENTY, less the
 amount of funds available for allocations for rate adjustments for work-
 force training programs for payments by state governmental agencies  for
 inpatient hospital services.
   (f) Funds shall be accumulated and transferred from as follows:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 (A) thirty-four million  six hundred thousand dollars  shall  be  trans-
 ferred  to  funds  reserved and accumulated pursuant to paragraph (b) of
 subdivision nineteen of section twenty-eight  hundred  seven-c  of  this
 article,  and  (B)  eighty-two  million dollars shall be transferred and
 deposited and credited to the credit of the state general  fund  medical
 assistance local assistance account;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, eighty-two million dollars shall be transferred and deposited and
 credited  to  the  credit  of  the state general fund medical assistance
 local assistance account;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 eighty-two  million dollars shall be transferred and deposited and cred-
 ited to the credit of the state general fund  medical  assistance  local
 assistance account;
   (iv)  from  the  pool  or  the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period January first,  two  thou-
 sand  through  December  thirty-first,  two  thousand  four,  eighty-two

 S. 2007--B                         48                         A. 3007--B
 
 million dollars annually, and for the period January first, two thousand
 five  through  December  thirty-first,  two  thousand  five,  eighty-two
 million  dollars,  and  for  the  period January first, two thousand six
 through  December  thirty-first,  two  thousand  six, eighty-two million
 dollars, and for the period January first, two  thousand  seven  through
 December  thirty-first,  two thousand seven, eighty-two million dollars,
 and for the period January first, two thousand  eight  through  December
 thirty-first,  two thousand eight, ninety million seven hundred thousand
 dollars shall be deposited by the  commissioner,  and  the  state  comp-
 troller  is hereby authorized and directed to receive for deposit to the
 credit of the state special revenue fund - other,  HCRA  transfer  fund,
 medical assistance account;
   (v)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand nine through  December  thirty-first,
 two  thousand  nine, one hundred eight million nine hundred seventy-five
 thousand dollars, and for the period January  first,  two  thousand  ten
 through  December thirty-first, two thousand ten, one hundred twenty-six
 million one hundred thousand dollars, for the period January first,  two
 thousand  eleven through March thirty-first, two thousand eleven, twenty
 million five hundred thousand dollars, and for each  state  fiscal  year
 for  the  period  April first, two thousand eleven through March thirty-
 first, two thousand fourteen, one hundred forty-six million four hundred
 thousand dollars, shall be deposited by the commissioner, and the  state
 comptroller is hereby authorized and directed to receive for deposit, to
 the  credit  of  the  state  special revenue fund - other, HCRA transfer
 fund, medical assistance account.
   (g) Funds shall be transferred to primary health care  services  pools
 created  by  the  commissioner, and shall be available, including income
 from invested funds, for distributions in accordance with former section
 twenty-eight hundred seven-bb of this article from the respective health
 care initiatives pools  for  the  following  periods  in  the  following
 percentage  amounts  of  funds remaining after allocations in accordance
 with paragraphs (a) through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 fifteen and eighty-seven-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, fifteen and eighty-seven-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 sixteen and thirteen-hundredths percent.
   (h) Funds shall be reserved and accumulated from year to year  by  the
 commissioner  and  shall  be  available,  including income from invested
 funds, for purposes of primary care education and training  pursuant  to
 article nine of this chapter from the respective health care initiatives
 pools  established for the following periods in the following percentage
 amounts of funds remaining after allocations in  accordance  with  para-
 graphs  (a)  through  (f) of this subdivision and shall be available for
 distributions as follows:
   (i) funds shall be reserved and accumulated:
   (A) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;

 S. 2007--B                         49                         A. 3007--B
 
   (B) from the pool for the period January first, nineteen hundred nine-
 ty-eight  through  December thirty-first, nineteen hundred ninety-eight,
 six and thirty-five-hundredths percent; and
   (C) from the pool for the period January first, nineteen hundred nine-
 ty-nine through December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (ii)  funds shall be available for distributions including income from
 invested funds as follows:
   (A) for purposes of the primary care physician loan repayment  program
 in  accordance  with  section  nine hundred three of this chapter, up to
 five million dollars on an annualized basis;
   (B) for purposes of the primary care practitioner scholarship  program
 in  accordance with section nine hundred four of this chapter, up to two
 million dollars on an annualized basis;
   (C) for purposes of minority participation in medical education grants
 in accordance with section nine hundred six of this chapter, up  to  one
 million dollars on an annualized basis; and
   (D)  provided, however, that the commissioner may reallocate any funds
 remaining or unallocated for distributions for the primary care  practi-
 tioner  scholarship program in accordance with section nine hundred four
 of this chapter.
   (i) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for distrib-
 utions in accordance with  section  twenty-nine  hundred  fifty-two  and
 section twenty-nine hundred fifty-eight of this chapter for rural health
 care  delivery  development  and  rural  health care access development,
 respectively, from the respective health care initiatives pools  or  the
 health  care  reform act (HCRA) resources fund, whichever is applicable,
 for the following periods in the following percentage amounts  of  funds
 remaining  after  allocations  in accordance with paragraphs (a) through
 (f) of this subdivision, and for periods on and after January first, two
 thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 thirteen and forty-nine-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, thirteen and forty-nine-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirteen and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December thirty-first, two thousand two, seventeen million dollars annu-
 ally, and for the period  January  first,  two  thousand  three  through
 December  thirty-first,  two thousand three, up to fifteen million eight
 hundred fifty thousand dollars;
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the period January first, two thousand four
 through December thirty-first, two thousand four, up to fifteen  million
 eight  hundred fifty thousand dollars, for the period January first, two
 thousand five through December thirty-first, two thousand  five,  up  to
 nineteen  million  two  hundred thousand dollars, for the period January
 first, two thousand six through December thirty-first, two thousand six,
 up to nineteen million two hundred  thousand  dollars,  for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand ten, up to eighteen million one hundred fifty thousand  dollars

 S. 2007--B                         50                         A. 3007--B
 
 annually,  for  the  period  January  first, two thousand eleven through
 March thirty-first, two thousand eleven, up to four million five hundred
 thirty-eight thousand dollars, for each state fiscal year for the period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen, up to sixteen million two hundred thousand dollars, [and]
 up to sixteen million two hundred thousand  dollars  each  state  fiscal
 year  for  the  period  April first, two thousand fourteen through March
 thirty-first, two thousand seventeen, AND  UP  TO  SIXTEEN  MILLION  TWO
 HUNDRED  THOUSAND  DOLLARS  EACH  STATE FISCAL YEAR FOR THE PERIOD APRIL
 FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST,  TWO  THOUSAND
 TWENTY.
   (j)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  related to health information and health care quality
 improvement pursuant to former section twenty-eight hundred  seven-n  of
 this  article  from  the respective health care initiatives pools estab-
 lished for the following periods in the following percentage amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven through December thirty-first, nineteen  hundred  ninety-seven,
 six and thirty-five-hundredths percent;
   (ii)  from  the  pool  for  the period January first, nineteen hundred
 ninety-eight through December  thirty-first,  nineteen  hundred  ninety-
 eight, six and thirty-five-hundredths percent; and
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 six and forty-five-hundredths percent.
   (k) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available,  including  income  from invested funds, for allo-
 cations  and  distributions  in  accordance  with  section  twenty-eight
 hundred  seven-p  of  this  article  for diagnostic and treatment center
 uncompensated care from the respective health care initiatives pools  or
 the  health care reform act (HCRA) resources fund, whichever is applica-
 ble, for the following periods in the following percentage   amounts  of
 funds  remaining  after  allocations  in  accordance with paragraphs (a)
 through (f) of this subdivision, and for periods on  and  after  January
 first, two thousand, in the following amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 thirty-eight and one-tenth percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, thirty-eight and one-tenth percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine through December thirty-first, nineteen hundred ninety-nine,
 thirty-eight and seventy-one-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand  two, forty-eight million dollars
 annually, and for the period January first, two thousand  three  through
 June thirtieth, two thousand three, twenty-four million dollars;
   (v)  (A)  from the pool or the health care reform act (HCRA) resources
 fund, whichever is applicable, for the period July first,  two  thousand
 three  through  December  thirty-first,  two  thousand  three, up to six
 million dollars, for the period January first, two thousand four through
 December thirty-first, two thousand six, up to  twelve  million  dollars

 S. 2007--B                         51                         A. 3007--B
 
 annually,  for  the  period  January  first,  two thousand seven through
 December thirty-first, two thousand thirteen, up to forty-eight  million
 dollars  annually,  for  the period January first, two thousand fourteen
 through  March thirty-first, two thousand fourteen, up to twelve million
 dollars [and] for the period April first, two thousand fourteen  through
 March  thirty-first,  two  thousand seventeen, up to forty-eight million
 dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN
 THROUGH MARCH THIRTY-FIRST,  TWO  THOUSAND  TWENTY,  UP  TO  FORTY-EIGHT
 MILLION DOLLARS ANNUALLY;
   (B)  from  the  health  care  reform act (HCRA) resources fund for the
 period January first, two thousand six  through  December  thirty-first,
 two  thousand  six,  an  additional  seven million five hundred thousand
 dollars, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand thirteen,  an  additional  seven  million
 five  hundred  thousand  dollars annually, for the period January first,
 two thousand fourteen through March thirty-first, two thousand fourteen,
 an additional one million eight hundred seventy-five  thousand  dollars,
 [and]  for  the  period April first, two thousand fourteen through March
 thirty-first, two thousand seventeen, an additional seven  million  five
 hundred  thousand  dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO
 THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND  TWENTY,  AN
 ADDITIONAL  SEVEN  MILLION  FIVE  HUNDRED  THOUSAND DOLLARS ANNUALLY for
 voluntary non-profit diagnostic and treatment center uncompensated  care
 in  accordance  with  subdivision four-c of section twenty-eight hundred
 seven-p of this article; and
   (vi) funds reserved and accumulated pursuant  to  this  paragraph  for
 periods  on and after July first, two thousand three, shall be deposited
 by the commissioner, within amounts appropriated, and  the  state  comp-
 troller  is hereby authorized and directed to receive for deposit to the
 credit of the state special revenue funds - other, HCRA  transfer  fund,
 medical  assistance  account, for purposes of funding the state share of
 rate adjustments made pursuant to section twenty-eight  hundred  seven-p
 of  this article, provided, however, that in the event federal financial
 participation is not available for rate  adjustments  made  pursuant  to
 paragraph (b) of subdivision one of section twenty-eight hundred seven-p
 of this article, funds shall be distributed pursuant to paragraph (a) of
 subdivision  one of section twenty-eight hundred seven-p of this article
 from the respective health care initiatives pools  or  the  health  care
 reform act (HCRA) resources fund, whichever is applicable.
   (l)  Funds  shall be reserved and accumulated from year to year by the
 commissioner and shall be  available,  including  income  from  invested
 funds, for transfer to and allocation  for services and expenses for the
 payment  of benefits to recipients of  drugs under the AIDS drug assist-
 ance program (ADAP) - HIV uninsured  care  program  as  administered  by
 Health  Research  Incorporated  from  the respective  health care initi-
 atives pools or the health care reform act (HCRA) resources fund, which-
 ever is applicable, established for the following periods in the follow-
 ing  percentage  amounts  of  funds  remaining  after   allocations   in
 accordance  with paragraphs (a) through (f) of this subdivision, and for
 periods on and after January  first,  two  thousand,  in  the  following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 nine and fifty-two-hundredths percent;

 S. 2007--B                         52                         A. 3007--B
 
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, nine and fifty-two-hundredths percent;
   (iii)  from  the  pool  for the period January first, nineteen hundred
 ninety-nine and December  thirty-first,  nineteen  hundred  ninety-nine,
 nine and sixty-eight-hundredths percent;
   (iv) from the pool for the periods January first, two thousand through
 December  thirty-first,  two  thousand two, up to twelve million dollars
 annually, and for the period January first, two thousand  three  through
 December  thirty-first, two thousand three, up to forty million dollars;
 and
   (v) from the pool or the health care reform act (HCRA) resources fund,
 whichever is applicable, for the periods  January  first,  two  thousand
 four  through  December thirty-first, two thousand four, up to fifty-six
 million dollars, for the period January first, two thousand five through
 December thirty-first, two thousand six, up  to  sixty  million  dollars
 annually,  for  the  period  January  first,  two thousand seven through
 December thirty-first, two thousand ten, up  to  sixty  million  dollars
 annually,  for  the  period  January  first, two thousand eleven through
 March thirty-first, two thousand eleven, up to fifteen million  dollars,
 each  state  fiscal year for the period April first, two thousand eleven
 through March thirty-first,  two  thousand  fourteen,  up  to  forty-two
 million three hundred thousand dollars and up to forty-one million fifty
 thousand  dollars each state fiscal year for the period April first, two
 thousand fourteen through March thirty-first, two  thousand  [seventeen]
 TWENTY.
   (m)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  distributions  pursuant  to  section twenty-eight hundred seven-r of
 this article for cancer related services from the respective health care
 initiatives pools or the health care reform act (HCRA)  resources  fund,
 whichever  is  applicable,  established for the following periods in the
 following percentage amounts of funds  remaining  after  allocations  in
 accordance  with paragraphs (a) through (f) of this subdivision, and for
 periods on and after January  first,  two  thousand,  in  the  following
 amounts:
   (i) from the pool for the period January first, nineteen hundred nine-
 ty-seven  through  December thirty-first, nineteen hundred ninety-seven,
 seven and ninety-four-hundredths percent;
   (ii) from the pool for the  period  January  first,  nineteen  hundred
 ninety-eight  through  December  thirty-first,  nineteen hundred ninety-
 eight, seven and ninety-four-hundredths percent;
   (iii) from the pool for the period  January  first,  nineteen  hundred
 ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
 and forty-five-hundredths percent;
   (iv)  from the pool for the period January first, two thousand through
 December thirty-first, two thousand two, up to ten million dollars on an
 annual basis;
   (v) from the pool for the period January  first,  two  thousand  three
 through  December  thirty-first,  two thousand four, up to eight million
 nine hundred fifty thousand dollars on an annual basis;
   (vi) from the pool or the health  care  reform  act  (HCRA)  resources
 fund,  whichever  is applicable, for the period January first, two thou-
 sand five through December thirty-first, two thousand  six,  up  to  ten
 million  fifty thousand dollars on an annual basis, for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-

 S. 2007--B                         53                         A. 3007--B
 
 sand  ten,  up  to nineteen million dollars annually, and for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven, up to four million seven hundred fifty thousand dollars.
   (n)  Funds  shall  be accumulated and transferred from the health care
 reform act (HCRA) resources fund as follows: for the period April first,
 two thousand seven through March thirty-first, two thousand  eight,  and
 on  an  annual  basis  for  the  periods April first, two thousand eight
 through November thirtieth, two  thousand  nine,  funds  within  amounts
 appropriated  shall  be  transferred  and  deposited and credited to the
 credit of the state special revenue funds - other, HCRA  transfer  fund,
 medical  assistance  account, for purposes of funding the state share of
 rate adjustments made to public and voluntary  hospitals  in  accordance
 with  paragraphs  (i) and (j) of subdivision one of section twenty-eight
 hundred seven-c of this article.
   2. Notwithstanding any inconsistent provision of law,  rule  or  regu-
 lation,  any  funds  accumulated  in  the  health care initiatives pools
 pursuant to paragraph (b) of subdivision nine  of  section  twenty-eight
 hundred  seven-j of this article, as a result of surcharges, assessments
 or other obligations during the periods January first, nineteen  hundred
 ninety-seven  through  December  thirty-first,  nineteen hundred ninety-
 nine, which are unused or uncommitted for distributions pursuant to this
 section shall be reserved and accumulated  from  year  to  year  by  the
 commissioner and, within amounts appropriated, transferred and deposited
 into  the  special  revenue funds - other, miscellaneous special revenue
 fund - 339, child health insurance account  or  any  successor  fund  or
 account,  for  purposes  of  distributions to implement the child health
 insurance program established pursuant to sections  twenty-five  hundred
 ten  and  twenty-five  hundred eleven of this chapter for periods on and
 after January first, two thousand one; provided, however, funds reserved
 and accumulated for  priority  distributions  pursuant  to  subparagraph
 (iii)  of  paragraph (c) of subdivision one of this section shall not be
 transferred and deposited into such account pursuant  to  this  subdivi-
 sion; and provided further, however, that any unused or uncommitted pool
 funds accumulated and allocated pursuant to paragraph (j) of subdivision
 one  of  this  section  shall  be distributed for purposes of the health
 information and quality improvement act of 2000.
   3. Revenue from distributions pursuant to this section  shall  not  be
 included  in  gross  revenue  received  for  purposes of the assessments
 pursuant to subdivision eighteen of section twenty-eight hundred seven-c
 of this article, subject to the provisions of paragraph (e) of  subdivi-
 sion  eighteen  of section twenty-eight hundred seven-c of this article,
 and shall not be included in gross revenue received for purposes of  the
 assessments  pursuant  to  section  twenty-eight hundred seven-d of this
 article, subject to the provisions  of  subdivision  twelve  of  section
 twenty-eight hundred seven-d of this article.
   § 22. Section 2807-v of the public health law, as amended by section 8
 of  part  B  of  chapter  60  of the laws of 2014, is amended to read as
 follows:
   § 2807-v. Tobacco control  and  insurance  initiatives  pool  distrib-
 utions.    1.  Funds  accumulated  in  the tobacco control and insurance
 initiatives pool or in the health care reform act (HCRA) resources  fund
 established  pursuant to section ninety-two-dd of the state finance law,
 whichever is applicable, including income from invested funds, shall  be
 distributed or retained by the commissioner or by the state comptroller,
 as applicable, in accordance with the following:

 S. 2007--B                         54                         A. 3007--B
 
   (a)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
 medicaid  administration  account, or any successor fund or account, for
 purposes of services and expenses  related  to  the  toll-free  medicaid
 fraud hotline established pursuant to section one hundred eight of chap-
 ter  one  of  the  laws of nineteen hundred ninety-nine from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts: four hundred thousand dollars annually
 for  the  periods  January  first, two thousand through December thirty-
 first, two thousand two, up to four hundred  thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three, up to four hundred thousand dollars for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four, up to four hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five,  up to four hundred thousand dollars for the period January first,
 two thousand six through December thirty-first, two thousand six, up  to
 four hundred thousand dollars for the period January first, two thousand
 seven  through  December  thirty-first,  two  thousand seven, up to four
 hundred thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two  thousand eight, up to four
 hundred thousand dollars for the period January first, two thousand nine
 through December thirty-first, two thousand nine,  up  to  four  hundred
 thousand  dollars for the period January first, two thousand ten through
 December thirty-first, two thousand ten,  up  to  one  hundred  thousand
 dollars  for the period January first, two thousand eleven through March
 thirty-first, two thousand eleven and within amounts appropriated on and
 after April first, two thousand eleven.
   (b) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of payment of audits or audit contracts necessary to determine payor and
 provider compliance with requirements set forth in sections twenty-eight
 hundred seven-j, twenty-eight hundred seven-s and  twenty-eight  hundred
 seven-t  of  this  article from the tobacco control and insurance initi-
 atives pool established for  the  following  periods  in  the  following
 amounts:  five  million  six  hundred  thousand dollars annually for the
 periods January first, two thousand through December  thirty-first,  two
 thousand  two,  up to five million dollars for the period January first,
 two thousand three through December thirty-first, two thousand three, up
 to five million dollars for the period January first, two thousand  four
 through  December  thirty-first,  two  thousand four, up to five million
 dollars for the period January first, two thousand five through December
 thirty first, two thousand five, up to  five  million  dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six, up to seven million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first,  two  thousand seven, and up to eight million three hundred twen-
 ty-five thousand dollars for the  period  January  first,  two  thousand
 eight  through  December  thirty-first,  two thousand eight, up to eight
 million five hundred thousand dollars for the period January first,  two
 thousand  nine  through  December thirty-first, two thousand nine, up to
 eight million five hundred  thousand  dollars  for  the  period  January
 first, two thousand ten through December thirty-first, two thousand ten,
 up to two million one hundred twenty-five thousand dollars for the peri-

 S. 2007--B                         55                         A. 3007--B
 
 od  January  first,  two thousand eleven through March thirty-first, two
 thousand eleven, up to fourteen million seven hundred  thousand  dollars
 each  state  fiscal year for the period April first, two thousand eleven
 through  March  thirty-first,  two thousand fourteen, [and] up to eleven
 million one hundred thousand dollars each  state  fiscal  year  for  the
 period  April  first,  two thousand fourteen through March thirty-first,
 two thousand seventeen, AND UP TO ELEVEN MILLION  ONE  HUNDRED  THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (c) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, enhanced community services
 account, or any successor fund or account, for  mental  health  services
 programs for case management services for adults and children; supported
 housing;  home  and community based waiver services; family based treat-
 ment; family support services; mobile mental health teams;  transitional
 housing; and community oversight, established pursuant to articles seven
 and  forty-one of the mental hygiene law and subdivision nine of section
 three hundred sixty-six of the social services law; and  for  comprehen-
 sive  care  centers  for eating disorders pursuant to the former section
 twenty-seven hundred ninety-nine-l of  this  chapter,  provided  however
 that,  for  such  centers,  funds in the amount of five hundred thousand
 dollars on an annualized basis shall be transferred  from  the  enhanced
 community services account, or any successor fund or account, and depos-
 ited  into  the  fund  established by section ninety-five-e of the state
 finance law; from the tobacco control  and  insurance  initiatives  pool
 established for the following periods in the following amounts:
   (i)  forty-eight million dollars to be reserved, to be retained or for
 distribution pursuant to a chapter of the laws of two thousand, for  the
 period  January  first,  two thousand through December thirty-first, two
 thousand;
   (ii) eighty-seven million dollars to be reserved, to  be  retained  or
 for  distribution pursuant to a chapter of the laws of two thousand one,
 for the period January first, two thousand one through December  thirty-
 first, two thousand one;
   (iii)  eighty-seven  million dollars to be reserved, to be retained or
 for distribution pursuant to a chapter of the laws of two thousand  two,
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (iv) eighty-eight million dollars to be reserved, to  be  retained  or
 for  distribution  pursuant  to  a  chapter  of the laws of two thousand
 three, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (v) eighty-eight million dollars, plus five hundred thousand  dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of  the  laws  of  two thousand four, and pursuant to the former section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (vi) eighty-eight million dollars, plus five hundred thousand dollars,
 to be reserved, to be retained or for distribution pursuant to a chapter
 of the laws of two thousand five, and pursuant  to  the  former  section
 twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;

 S. 2007--B                         56                         A. 3007--B
 
   (vii)   eighty-eight  million  dollars,  plus  five  hundred  thousand
 dollars, to be reserved, to be retained or for distribution pursuant  to
 a  chapter  of  the  laws  of  two  thousand six, and pursuant to former
 section twenty-seven hundred ninety-nine-l  of  this  chapter,  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (viii) eighty-six million four hundred  thousand  dollars,  plus  five
 hundred thousand dollars, to be reserved, to be retained or for distrib-
 ution pursuant to a chapter of the laws of two thousand seven and pursu-
 ant  to  the  former  section twenty-seven hundred ninety-nine-l of this
 chapter, for the period January first, two thousand seven through Decem-
 ber thirty-first, two thousand seven; and
   (ix) twenty-two million nine hundred thirteen thousand  dollars,  plus
 one hundred twenty-five thousand dollars, to be reserved, to be retained
 or  for  distribution  pursuant to a chapter of the laws of two thousand
 eight and pursuant to the former section  twenty-seven  hundred  ninety-
 nine-l of this chapter, for the period January first, two thousand eight
 through March thirty-first, two thousand eight.
   (d)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January first, two thousand through December thirty-first, two  thousand
 two, for administration and marketing costs associated with such program
 established  pursuant to clause (A) of subparagraph (v) of paragraph (a)
 of subdivision two of section three hundred sixty-nine-ee of the  social
 services  law  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand through December thirty-first, two thousand;
   (ii) twenty-seven million dollars for the period  January  first,  two
 thousand one through December thirty-first, two thousand one; and
   (iii)  fifty-seven  million  dollars for the period January first, two
 thousand two through December thirty-first, two thousand two.
   (e) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of services and expenses related to the family health plus program
 including up to two and one-half million dollars annually for the period
 January  first, two thousand through December thirty-first, two thousand
 two for administration and marketing costs associated with such  program
 established  pursuant to clause (B) of subparagraph (v) of paragraph (a)
 of subdivision two of section three hundred sixty-nine-ee of the  social
 services  law  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) two million five hundred thousand dollars for the  period  January
 first, two thousand through December thirty-first, two thousand;
   (ii) thirty million five hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one; and

 S. 2007--B                         57                         A. 3007--B
 
   (iii) sixty-six million dollars for  the  period  January  first,  two
 thousand two through December thirty-first, two thousand two.
   (f)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medicaid  fraud  hotline  and
 medicaid  administration  account, or any successor fund or account, for
 purposes of payment of administrative expenses of the department related
 to the family health plus program established pursuant to section  three
 hundred  sixty-nine-ee  of  the  social  services  law  from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods  in  the  following amounts: five hundred thousand dollars on an
 annual basis for the periods January first, two thousand through  Decem-
 ber  thirty-first,  two  thousand six, five hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first,  two  thousand  seven,  and five hundred thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight, five hundred thousand dollars for the period January
 first,  two  thousand  nine  through December thirty-first, two thousand
 nine, five hundred thousand dollars for the period  January  first,  two
 thousand  ten  through  December  thirty-first,  two  thousand  ten, one
 hundred twenty-five thousand dollars for the period January  first,  two
 thousand  eleven  through  March  thirty-first,  two thousand eleven and
 within amounts appropriated on and after April first, two thousand elev-
 en.
   (g) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of services and expenses related to the health maintenance  organization
 direct  pay  market program established pursuant to sections forty-three
 hundred twenty-one-a and forty-three hundred twenty-two-a of the  insur-
 ance  law from the tobacco control and insurance initiatives pool estab-
 lished for the following periods in the following amounts:
   (i) up to thirty-five million dollars for the  period  January  first,
 two  thousand through December thirty-first, two thousand of which fifty
 percentum shall be allocated to the program  pursuant  to  section  four
 thousand  three  hundred  twenty-one-a  of  the  insurance law and fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (ii) up to thirty-six million dollars for the  period  January  first,
 two  thousand  one  through  December  thirty-first, two thousand one of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum to the program pursuant  to  section  four  thousand
 three hundred twenty-two-a of the insurance law;
   (iii)  up to thirty-nine million dollars for the period January first,
 two thousand two through December  thirty-first,  two  thousand  two  of
 which  fifty  percentum  shall  be  allocated to the program pursuant to
 section four thousand three hundred twenty-one-a of  the  insurance  law
 and  fifty  percentum  to  the program pursuant to section four thousand
 three hundred twenty-two-a of the insurance law;
   (iv) up to forty million dollars for the  period  January  first,  two
 thousand  three  through  December  thirty-first,  two thousand three of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum to the program pursuant  to  section  four  thousand
 three hundred twenty-two-a of the insurance law;

 S. 2007--B                         58                         A. 3007--B
 
   (v)  up  to  forty  million  dollars for the period January first, two
 thousand four through December thirty-first, two thousand four of  which
 fifty  percentum  shall  be allocated to the program pursuant to section
 four thousand three hundred twenty-one-a of the insurance law and  fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vi)  up  to  forty  million dollars for the period January first, two
 thousand five through December thirty-first, two thousand five of  which
 fifty  percentum  shall  be allocated to the program pursuant to section
 four thousand three hundred twenty-one-a of the insurance law and  fifty
 percentum to the program pursuant to section four thousand three hundred
 twenty-two-a of the insurance law;
   (vii)  up  to  forty million dollars for the period January first, two
 thousand six through December thirty-first, two thousand  six  of  which
 fifty  percentum  shall  be allocated to the program pursuant to section
 four thousand three hundred twenty-one-a of the insurance law and  fifty
 percentum  shall  be  allocated  to the program pursuant to section four
 thousand three hundred twenty-two-a of the insurance law;
   (viii) up to forty million dollars for the period January  first,  two
 thousand  seven  through  December  thirty-first,  two thousand seven of
 which fifty percentum shall be allocated  to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty percentum shall  be  allocated  to  the  program  pursuant  to
 section  four  thousand three hundred twenty-two-a of the insurance law;
 and
   (ix) up to forty million dollars for the  period  January  first,  two
 thousand  eight  through  December  thirty-first,  two thousand eight of
 which fifty per centum shall be allocated to  the  program  pursuant  to
 section  four  thousand  three hundred twenty-one-a of the insurance law
 and fifty per centum shall be  allocated  to  the  program  pursuant  to
 section four thousand three hundred twenty-two-a of the insurance law.
   (h)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and  expenses  related  to the healthy New York individual
 program established pursuant to sections  four  thousand  three  hundred
 twenty-six and four thousand three hundred twenty-seven of the insurance
 law  from the tobacco control and insurance initiatives pool established
 for the following periods in the following amounts:
   (i) up to six million dollars for the period January first, two  thou-
 sand one through December thirty-first, two thousand one;
   (ii)  up  to twenty-nine million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to five million one hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;

 S. 2007--B                         59                         A. 3007--B
 
   (vii) up to sixty-one million seven hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (viii)  up  to  one hundred three million seven hundred fifty thousand
 dollars for the period January first, two thousand eight through  Decem-
 ber thirty-first, two thousand eight.
   (i)  Funds  shall  be  reserved  and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  services  and expenses related to the healthy New York group program
 established pursuant to sections four thousand three hundred  twenty-six
 and  four  thousand three hundred twenty-seven of the insurance law from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i)  up  to  thirty-four million dollars for the period January first,
 two thousand one through December thirty-first, two thousand one;
   (ii) up to seventy-seven million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iii) up to ten million five hundred thousand dollars for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iv) up to twenty-four million six hundred thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (v) up to thirty-four million six hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vi) up to fifty-four million eight hundred thousand dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (vii) up to sixty-one million seven hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (viii) up to one hundred three million seven  hundred  fifty  thousand
 dollars  for the period January first, two thousand eight through Decem-
 ber thirty-first, two thousand eight.
   (i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
 subdivision, the commissioner shall reserve and  accumulate  up  to  two
 million  five  hundred thousand dollars annually for the periods January
 first, two thousand four through  December  thirty-first,  two  thousand
 six,  one  million  four hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  two  million  dollars for the period January first, two thousand
 eight through December thirty-first,  two  thousand  eight,  from  funds
 otherwise  available  for  distribution  under  such  paragraphs for the
 services and expenses related to the  pilot  program  for  entertainment
 industry  employees  included  in subsection (b) of section one thousand
 one hundred twenty-two of the insurance law,  and  an  additional  seven
 hundred  thousand  dollars  annually  for the periods January first, two
 thousand four through December thirty-first, two thousand six, an  addi-
 tional  three hundred thousand dollars for the period January first, two
 thousand seven through June thirtieth, two thousand seven  for  services
 and expenses related to the pilot program for displaced workers included
 in  subsection (c) of section one thousand one hundred twenty-two of the
 insurance law.
   (j) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes

 S. 2007--B                         60                         A. 3007--B
 
 of services and expenses related  to  the  tobacco  use  prevention  and
 control  program established pursuant to sections thirteen hundred nine-
 ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) up to thirty million dollars for the  period  January  first,  two
 thousand through December thirty-first, two thousand;
   (ii)  up  to  forty  million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii) up to forty million dollars for the period  January  first,  two
 thousand two through December thirty-first, two thousand two;
   (iv)  up to thirty-six million nine hundred fifty thousand dollars for
 the period January first, two thousand three  through  December  thirty-
 first, two thousand three;
   (v)  up  to thirty-six million nine hundred fifty thousand dollars for
 the period January first, two thousand  four  through  December  thirty-
 first, two thousand four;
   (vi)  up  to forty million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (vii)  up  to eighty-one million nine hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, provided, however, that within amounts appropriated, a
 portion  of  such  funds  may  be transferred to the Roswell Park Cancer
 Institute Corporation to support costs associated with cancer research;
   (viii) up to ninety-four million one hundred  fifty  thousand  dollars
 for  the period January first, two thousand seven through December thir-
 ty-first, two thousand seven, provided,  however,  that  within  amounts
 appropriated,  a portion of such funds may be transferred to the Roswell
 Park Cancer Institute  Corporation  to  support  costs  associated  with
 cancer research;
   (ix)  up to ninety-four million one hundred fifty thousand dollars for
 the period January first, two thousand eight  through  December  thirty-
 first, two thousand eight;
   (x)  up  to ninety-four million one hundred fifty thousand dollars for
 the period January first, two thousand  nine  through  December  thirty-
 first, two thousand nine;
   (xi)  up  to  eighty-seven million seven hundred seventy-five thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first, two thousand ten;
   (xii)  up  to  twenty-one million four hundred twelve thousand dollars
 for the period January first, two thousand eleven through March  thirty-
 first, two thousand eleven;
   (xiii) up to fifty-two million one hundred thousand dollars each state
 fiscal  year  for  the  period  April first, two thousand eleven through
 March thirty-first, two thousand fourteen; [and]
   (xiv) up to six million dollars each state fiscal year for the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen[.]; AND
   (XV)  UP  TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY.
   (k)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, health care services  account,

 S. 2007--B                         61                         A. 3007--B
 
 or  any successor fund or account, for purposes of services and expenses
 related to public health programs, including comprehensive care  centers
 for eating disorders pursuant to the former section twenty-seven hundred
 ninety-nine-l  of this chapter, provided however that, for such centers,
 funds in the amount of five hundred thousand dollars  on  an  annualized
 basis shall be transferred from the health care services account, or any
 successor  fund  or  account, and deposited into the fund established by
 section ninety-five-e of the state finance  law  for  periods  prior  to
 March  thirty-first,  two  thousand eleven, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i) up to thirty-one million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to forty-one million dollars for the period January first, two
 thousand one through December thirty-first, two thousand one;
   (iii)  up  to eighty-one million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iv) one hundred twenty-two million five hundred thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (v) one hundred  eight  million  five  hundred  seventy-five  thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od  January  first, two thousand four through December thirty-first, two
 thousand four;
   (vi) ninety-one million eight hundred thousand dollars, plus an  addi-
 tional  five hundred thousand dollars, for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (vii) one hundred fifty-six million six hundred thousand dollars, plus
 an additional five hundred thousand  dollars,  for  the  period  January
 first, two thousand six through December thirty-first, two thousand six;
   (viii)  one  hundred  fifty-one million four hundred thousand dollars,
 plus an additional five hundred thousand dollars, for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (ix)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand eight through December thirty-first,  two
 thousand eight;
   (x)  one  hundred  sixteen  million  nine  hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand nine through December  thirty-first,  two
 thousand nine;
   (xi)  one  hundred  sixteen  million  nine hundred forty-nine thousand
 dollars, plus an additional five hundred thousand dollars, for the peri-
 od January first, two thousand ten through  December  thirty-first,  two
 thousand ten;
   (xii)  twenty-nine  million  two  hundred  thirty-seven  thousand  two
 hundred fifty dollars, plus an additional one hundred twenty-five  thou-
 sand  dollars, for the period January first, two thousand eleven through
 March thirty-first, two thousand eleven;
   (xiii) one hundred twenty million thirty-eight  thousand  dollars  for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve; and
   (xiv) one hundred nineteen million four hundred seven thousand dollars
 each state fiscal year for the period April first, two  thousand  twelve
 through March thirty-first, two thousand fourteen.

 S. 2007--B                         62                         A. 3007--B
 
   (l)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the personal care and certified home health agency rate or  fee
 increases  established  pursuant  to  subdivision three of section three
 hundred sixty-seven-o of  the  social  services  law  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) twenty-three million two hundred thousand dollars for  the  period
 January first, two thousand through December thirty-first, two thousand;
   (ii)  twenty-three million two hundred thousand dollars for the period
 January first, two thousand one through December thirty-first, two thou-
 sand one;
   (iii) twenty-three million two hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (iv) up to sixty-five million two hundred  thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (v) up to sixty-five million two  hundred  thousand  dollars  for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (vi) up to sixty-five million two hundred  thousand  dollars  for  the
 period  January  first, two thousand five through December thirty-first,
 two thousand five;
   (vii) up to sixty-five million two hundred thousand  dollars  for  the
 period  January  first,  two thousand six through December thirty-first,
 two thousand six;
   (viii) up to sixty-five million two hundred thousand dollars  for  the
 period  January first, two thousand seven through December thirty-first,
 two thousand seven; and
   (ix) up to sixteen million three  hundred  thousand  dollars  for  the
 period January first, two thousand eight through March thirty-first, two
 thousand eight.
   (m)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of services and expenses related to home  care  workers  insurance
 pilot  demonstration programs established pursuant to subdivision two of
 section three hundred sixty-seven-o of the social services law from  the
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (i) three million eight hundred thousand dollars for the period  Janu-
 ary first, two thousand through December thirty-first, two thousand;
   (ii) three million eight hundred thousand dollars for the period Janu-
 ary  first, two thousand one through December thirty-first, two thousand
 one;
   (iii) three million eight hundred  thousand  dollars  for  the  period
 January first, two thousand two through December thirty-first, two thou-
 sand two;

 S. 2007--B                         63                         A. 3007--B
 
   (iv) up to three million eight hundred thousand dollars for the period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (v)  up to three million eight hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (vi) up to three million eight hundred thousand dollars for the period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (vii) up to three million eight hundred thousand dollars for the peri-
 od January first, two thousand six through  December  thirty-first,  two
 thousand six;
   (viii)  up  to  three  million  eight hundred thousand dollars for the
 period January first, two thousand seven through December  thirty-first,
 two thousand seven; and
   (ix)  up to nine hundred fifty thousand dollars for the period January
 first, two thousand  eight  through  March  thirty-first,  two  thousand
 eight.
   (n) Funds shall be transferred by the commissioner and shall be depos-
 ited  to  the credit of the special revenue funds - other, miscellaneous
 special revenue fund - 339, elderly  pharmaceutical  insurance  coverage
 program  premium  account authorized pursuant to the provisions of title
 three of article two of the elder law, or any successor fund or account,
 for funding state expenses relating to  the  program  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) one hundred seven million dollars for the  period  January  first,
 two thousand through December thirty-first, two thousand;
   (ii)  one  hundred  sixty-four  million dollars for the period January
 first, two thousand one through December thirty-first, two thousand one;
   (iii) three hundred twenty-two million seven hundred thousand  dollars
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (iv) four hundred thirty-three million three hundred thousand  dollars
 for  the period January first, two thousand three through December thir-
 ty-first, two thousand three;
   (v) five hundred four million one hundred fifty thousand  dollars  for
 the  period  January  first,  two thousand four through December thirty-
 first, two thousand four;
   (vi) five hundred sixty-six million eight hundred thousand dollars for
 the period January first, two thousand  five  through  December  thirty-
 first, two thousand five;
   (vii) six hundred three million one hundred fifty thousand dollars for
 the  period  January  first,  two  thousand six through December thirty-
 first, two thousand six;
   (viii) six hundred sixty million eight hundred  thousand  dollars  for
 the  period  January  first, two thousand seven through December thirty-
 first, two thousand seven;
   (ix) three hundred sixty-seven million four hundred sixty-three  thou-
 sand  dollars  for  the period January first, two thousand eight through
 December thirty-first, two thousand eight;
   (x) three hundred thirty-four million eight hundred twenty-five  thou-
 sand  dollars  for  the  period January first, two thousand nine through
 December thirty-first, two thousand nine;

 S. 2007--B                         64                         A. 3007--B

   (xi) three hundred forty-four million nine  hundred  thousand  dollars
 for  the period January first, two thousand ten through December thirty-
 first, two thousand ten;
   (xii) eighty-seven million seven hundred eighty-eight thousand dollars
 for  the period January first, two thousand eleven through March thirty-
 first, two thousand eleven;
   (xiii) one hundred forty-three  million  one  hundred  fifty  thousand
 dollars  for  the  period April first, two thousand eleven through March
 thirty-first, two thousand twelve;
   (xiv) one hundred twenty million nine hundred fifty  thousand  dollars
 for  the  period  April first, two thousand twelve through March thirty-
 first, two thousand thirteen;
   (xv) one hundred twenty-eight million  eight  hundred  fifty  thousand
 dollars  for the period April first, two thousand thirteen through March
 thirty-first, two thousand fourteen; [and]
   (xvi) one hundred twenty-seven million four hundred  sixteen  thousand
 dollars  each state fiscal year for the period April first, two thousand
 fourteen through March thirty-first, two thousand seventeen[.]; AND
   (XVII) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN  THOUSAND
 DOLLARS  EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
 SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (o) Funds shall be reserved and accumulated and shall  be  transferred
 to  the  Roswell  Park  Cancer  Institute  Corporation, from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods in the following amounts:
   (i)  up  to  ninety  million dollars for the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) up to sixty million dollars for the  period  January  first,  two
 thousand one through December thirty-first, two thousand one;
   (iii)  up to eighty-five million dollars for the period January first,
 two thousand two through December thirty-first, two thousand two;
   (iv) eighty-five million two hundred fifty thousand  dollars  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (v) seventy-eight million dollars for the period  January  first,  two
 thousand four through December thirty-first, two thousand four;
   (vi)  seventy-eight  million dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (vii) ninety-one million dollars for the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (viii) seventy-eight million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (ix)  seventy-eight  million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (x) seventy-eight million dollars for the period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (xi)  seventy-eight  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (xii) nineteen million five hundred thousand dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xiii)  sixty-nine  million  eight hundred forty thousand dollars each
 state fiscal year for  the  period  April  first,  two  thousand  eleven
 through March thirty-first, two thousand fourteen; [and]

 S. 2007--B                         65                         A. 3007--B
 
   (xiv) up to ninety-six million six hundred thousand dollars each state
 fiscal  year  for  the period April first, two thousand fourteen through
 March thirty-first, two thousand seventeen[.]; AND
   (XV)  UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (p)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, indigent care fund - 068, indigent care  account,
 or  any  successor fund or account, for purposes of providing a medicaid
 disproportionate share payment from the high need indigent care  adjust-
 ment  pool  established pursuant to section twenty-eight hundred seven-w
 of this article, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) eighty-two million dollars annually for the periods January first,
 two thousand through December thirty-first, two thousand two;
   (ii) up to eighty-two million dollars for the  period  January  first,
 two thousand three through December thirty-first, two thousand three;
   (iii)  up  to eighty-two million dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (iv) up to eighty-two million dollars for the  period  January  first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to eighty-two million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi)  up  to  eighty-two million dollars for the period January first,
 two thousand seven through December thirty-first, two thousand seven;
   (vii) up to eighty-two million dollars for the period  January  first,
 two thousand eight through December thirty-first, two thousand eight;
   (viii)  up to eighty-two million dollars for the period January first,
 two thousand nine through December thirty-first, two thousand nine;
   (ix) up to eighty-two million dollars for the  period  January  first,
 two thousand ten through December thirty-first, two thousand ten;
   (x)  up to twenty million five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi) up to eighty-two million dollars each state fiscal year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
   (q) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of providing distributions  to  eligible  school  based  health  centers
 established  pursuant to section eighty-eight of chapter one of the laws
 of nineteen hundred ninety-nine, from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) seven million dollars annually for the period January  first,  two
 thousand through December thirty-first, two thousand two;
   (ii)  up  to  seven  million dollars for the period January first, two
 thousand three through December thirty-first, two thousand three;
   (iii) up to seven million dollars for the period  January  first,  two
 thousand four through December thirty-first, two thousand four;
   (iv)  up  to  seven  million dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (v) up to seven million dollars for  the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;

 S. 2007--B                         66                         A. 3007--B
 
   (vi)  up  to  seven  million dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up  to  seven million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to seven million dollars for the period January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (ix)  up  to  seven  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten;
   (x) up to one million seven hundred fifty  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi) up to five million six hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen; [and]
   (xii) up to five million two hundred  eighty-eighty  thousand  dollars
 each state fiscal year for the period April first, two thousand fourteen
 through March thirty-first, two thousand seventeen[.]; AND
   (XIII)  UP  TO  FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS
 EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND  SEVEN-
 TEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (r) Funds shall be deposited by the commissioner within amounts appro-
 priated,  and the state comptroller is hereby authorized and directed to
 receive for deposit to the credit of the state special revenue  funds  -
 other,  HCRA transfer fund, medical assistance account, or any successor
 fund or account, for purposes of providing distributions for  supplemen-
 tary   medical  insurance  for  Medicare  part  B  premiums,  physicians
 services, outpatient services, medical  equipment,  supplies  and  other
 health services, from the tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i)  forty-three  million  dollars  for  the period January first, two
 thousand through December thirty-first, two thousand;
   (ii) sixty-one million dollars for the period January first, two thou-
 sand one through December thirty-first, two thousand one;
   (iii) sixty-five million dollars for the  period  January  first,  two
 thousand two through December thirty-first, two thousand two;
   (iv)  sixty-seven million five hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (v)  sixty-eight  million  dollars  for  the period January first, two
 thousand four through December thirty-first, two thousand four;
   (vi) sixty-eight million dollars for the  period  January  first,  two
 thousand five through December thirty-first, two thousand five;
   (vii)  sixty-eight  million  dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (viii) seventeen million five hundred thousand dollars for the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (ix) sixty-eight million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight;
   (x)  sixty-eight  million  dollars  for  the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (xi) sixty-eight million dollars for the  period  January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (xii)  seventeen  million  dollars  for  the period January first, two
 thousand eleven through March thirty-first, two thousand eleven; and

 S. 2007--B                         67                         A. 3007--B
 
   (xiii) sixty-eight million dollars each  state  fiscal  year  for  the
 period  April first, two thousand eleven through March thirty-first, two
 thousand fourteen.
   (s) Funds shall be deposited by the commissioner within amounts appro-
 priated,  and the state comptroller is hereby authorized and directed to
 receive for deposit to the credit of the state special revenue  funds  -
 other,  HCRA transfer fund, medical assistance account, or any successor
 fund or account, for purposes of  providing  distributions  pursuant  to
 paragraphs  (s-5),  (s-6),  (s-7)  and  (s-8)  of  subdivision eleven of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) eighteen million dollars for the period January first,  two  thou-
 sand through December thirty-first, two thousand;
   (ii)  twenty-four  million  dollars  annually  for the periods January
 first, two thousand one through December thirty-first, two thousand two;
   (iii) up to twenty-four million dollars for the period January  first,
 two thousand three through December thirty-first, two thousand three;
   (iv)  up  to twenty-four million dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (v) up to twenty-four million dollars for the  period  January  first,
 two thousand five through December thirty-first, two thousand five;
   (vi)  up  to twenty-four million dollars for the period January first,
 two thousand six through December thirty-first, two thousand six;
   (vii) up to twenty-four million dollars for the period January  first,
 two thousand seven through December thirty-first, two thousand seven;
   (viii) up to twenty-four million dollars for the period January first,
 two  thousand  eight  through December thirty-first, two thousand eight;
 and
   (ix) up to twenty-two million dollars for the  period  January  first,
 two thousand nine through November thirtieth, two thousand nine.
   (t)  Funds  shall be reserved and accumulated from year to year by the
 commissioner and shall be made available, including income from invested
 funds:
   (i) For the purpose of making grants to a  state  owned  and  operated
 medical  school  which does not have a state owned and operated hospital
 on site and available for teaching  purposes.  Notwithstanding  sections
 one hundred twelve and one hundred sixty-three of the state finance law,
 such  grants  shall be made in the amount of up to five hundred thousand
 dollars for the period January  first,  two  thousand  through  December
 thirty-first, two thousand;
   (ii)  For  the purpose of making grants to medical schools pursuant to
 section eighty-six-a of chapter one of  the  laws  of  nineteen  hundred
 ninety-nine  in  the  sum  of  up to four million dollars for the period
 January first, two thousand through December thirty-first, two thousand;
 and
   (iii) The funds disbursed pursuant to subparagraphs (i)  and  (ii)  of
 this  paragraph  from the tobacco control and insurance initiatives pool
 are contingent upon meeting all funding amounts established pursuant  to
 paragraphs  (a),  (b),  (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
 and (s) of this  subdivision,  paragraph  (a)  of  subdivision  nine  of
 section  twenty-eight  hundred  seven-j  of this article, and paragraphs
 (a), (i) and (k) of subdivision  one  of  section  twenty-eight  hundred
 seven-l of this article.
   (u)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and

 S. 2007--B                         68                         A. 3007--B
 
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share  of  services  and  expenses  related  to the nursing home quality
 improvement demonstration program established pursuant to section  twen-
 ty-eight  hundred  eight-d  of this article from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  up  to twenty-five million dollars for the period beginning April
 first, two thousand two and ending December thirty-first,  two  thousand
 two,  and  on  an  annualized  basis,  for each annual period thereafter
 beginning January first, two thousand three and ending December  thirty-
 first, two thousand four;
   (ii)  up  to eighteen million seven hundred fifty thousand dollars for
 the period January first, two thousand  five  through  December  thirty-
 first, two thousand five; and
   (iii)  up  to  fifty-six million five hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six.
   (v) Funds shall be transferred by the commissioner and shall be depos-
 ited  to the credit of the hospital excess liability pool created pursu-
 ant to section eighteen of chapter two hundred sixty-six of the laws  of
 nineteen  hundred  eighty-six,  or  any  successor  fund or account, for
 purposes of expenses related to the purchase of excess medical  malprac-
 tice  insurance and the cost of administrating the pool, including costs
 associated with the risk  management  program  established  pursuant  to
 section  forty-two  of part A of chapter one of the laws of two thousand
 two required by paragraph (a) of subdivision one of section eighteen  of
 chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
 as may be amended from time to time, from the tobacco control and insur-
 ance  initiatives  pool  established  for  the  following periods in the
 following amounts:
   (i) up to fifty million dollars or so much as is needed for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to seventy-six million seven hundred thousand dollars for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;
   (iii) up to sixty-five million dollars for the period  January  first,
 two thousand four through December thirty-first, two thousand four;
   (iv)  up  to  sixty-five million dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (v) up to one hundred thirteen million eight hundred thousand  dollars
 for  the period January first, two thousand six through December thirty-
 first, two thousand six;
   (vi) up to one hundred thirty million dollars for the  period  January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven;
   (vii) up to one hundred thirty million dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight;
   (viii) up to one hundred thirty million dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (ix)  up  to one hundred thirty million dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;

 S. 2007--B                         69                         A. 3007--B

   (x) up to thirty-two million five hundred  thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (xi)  up  to  one  hundred  twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 eleven through March thirty-first, two thousand fourteen; [and]
   (xii)  up  to  one  hundred twenty-seven million four hundred thousand
 dollars each state fiscal year for the period April first, two  thousand
 fourteen through March thirty-first, two thousand seventeen[.]; AND
   (XIII)  UP  TO  ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
 DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO  THOUSAND
 SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (w)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the treatment of breast and cervical cancer pursuant  to  para-
 graph  (v) of subdivision four of section three hundred sixty-six of the
 social services law, from the tobacco control and insurance  initiatives
 pool established for the following periods in the following amounts:
   (i)  up  to four hundred fifty thousand dollars for the period January
 first, two thousand two through December thirty-first, two thousand two;
   (ii) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) up to two million one hundred thousand dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) up to two million one hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) up to two million one hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million one hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million one hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million one hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;
   (x) up to five hundred twenty-five thousand  dollars  for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi)  up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen; [and]
   (xii) up to two million one hundred thousand dollars each state fiscal
 year for the period April first, two  thousand  fourteen  through  March
 thirty-first, two thousand seventeen[.]; AND

 S. 2007--B                         70                         A. 3007--B
 
   (XIII)  UP  TO  TWO  MILLION  ONE  HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (x)  Funds  shall  be  deposited  by  the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the non-public general hospital rates increases for recruitment
 and retention of health care workers from the tobacco control and insur-
 ance initiatives pool established  for  the  following  periods  in  the
 following amounts:
   (i) twenty-seven million one hundred thousand dollars on an annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) fifty million eight hundred thousand  dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixty-nine million three hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) sixty-nine million three hundred thousand dollars for the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) sixty-nine million three hundred thousand dollars for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  sixty-five million three hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  sixty-one  million  one  hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight; and
   (viii)  forty-eight  million seven hundred twenty-one thousand dollars
 for the period January first, two thousand nine through November thirti-
 eth, two thousand nine.
   (y) Funds shall be reserved and accumulated  from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to public general hospitals for recruitment and  retention  of
 health  care  workers pursuant to paragraph (b) of subdivision thirty of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) eighteen million five hundred thousand dollars  on  an  annualized
 basis  for  the  period January first, two thousand two through December
 thirty-first, two thousand two;
   (ii) thirty-seven million four hundred thousand dollars on an  annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) fifty-two million two hundred thousand dollars on an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) fifty-two million two hundred thousand  dollars  for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;

 S. 2007--B                         71                         A. 3007--B
 
   (v) fifty-two million two hundred  thousand  dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  forty-nine  million  dollars  for  the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (vii) forty-nine million dollars for the  period  January  first,  two
 thousand eight through December thirty-first, two thousand eight; and
   (viii) twelve million two hundred fifty thousand dollars for the peri-
 od  January  first,  two  thousand  nine through March thirty-first, two
 thousand nine.
   Provided, however, amounts pursuant to this paragraph may  be  reduced
 in  an  amount  to  be approved by the director of the budget to reflect
 amounts received from the federal  government  under  the  state's  1115
 waiver  which  are directed under its terms and conditions to the health
 workforce recruitment and retention program.
   (z) Funds shall be  deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of the non-public residential health care facility rate increases
 for recruitment and retention of health care workers pursuant  to  para-
 graph  (a) of subdivision eighteen of section twenty-eight hundred eight
 of this article from the tobacco control and insurance initiatives  pool
 established for the following periods in the following amounts:
   (i)  twenty-one million five hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) thirty-three million three hundred thousand dollars on an annual-
 ized  basis  for  the  period  January first, two thousand three through
 December thirty-first, two thousand three;
   (iii) forty-six million three hundred thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) forty-six million three hundred thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) forty-six million three hundred thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) thirty million nine hundred thousand dollars for the period Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (vii) twenty-four million seven hundred thousand dollars for the peri-
 od January first, two thousand eight through December thirty-first,  two
 thousand eight;
   (viii)  twelve million three hundred seventy-five thousand dollars for
 the period January first, two thousand  nine  through  December  thirty-
 first, two thousand nine;
   (ix)  nine million three hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten; and
   (x)  two  million  three  hundred twenty-five thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven.

 S. 2007--B                         72                         A. 3007--B
 
   (aa)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to public residential health care facilities for recruitment
 and retention of health care workers pursuant to paragraph (b) of subdi-
 vision  eighteen  of  section twenty-eight hundred eight of this article
 from the tobacco control and insurance initiatives pool established  for
 the following periods in the following amounts:
   (i) seven million five hundred thousand dollars on an annualized basis
 for  the period January first, two thousand two through December thirty-
 first, two thousand two;
   (ii) eleven million seven hundred thousand dollars  on  an  annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) sixteen million two hundred thousand dollars  on  an  annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) sixteen million two hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) sixteen million two hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six;
   (vi) ten million eight hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii)  six million seven hundred fifty thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight; and
   (viii) one million three hundred fifty thousand dollars for the period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine.
   (bb)(i) Funds shall be deposited by the commissioner,  within  amounts
 appropriated,  and  subject  to  the  availability  of federal financial
 participation, and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of adjustments to Medicaid rates  of  payment  for  personal
 care  services  provided pursuant to paragraph (e) of subdivision two of
 section three hundred sixty-five-a of the social services law, for local
 social service districts which include a city with a population of  over
 one  million  persons  and  computed  and distributed in accordance with
 memorandums of understanding to be entered into between the state of New
 York and such local social service districts for the purpose of support-
 ing the recruitment and retention of personal care  service  workers  or
 any  worker  with  direct  patient care responsibility, from the tobacco
 control and insurance initiatives pool  established  for  the  following
 periods and the following amounts:
   (A) forty-four million dollars, on an annualized basis, for the period
 April  first,  two thousand two through December thirty-first, two thou-
 sand two;
   (B) seventy-four million dollars, on  an  annualized  basis,  for  the
 period  January first, two thousand three through December thirty-first,
 two thousand three;

 S. 2007--B                         73                         A. 3007--B
 
   (C) one hundred four million dollars, on an annualized basis, for  the
 period  January  first, two thousand four through December thirty-first,
 two thousand four;
   (D)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (E)  one  hundred  thirty-six million dollars, on an annualized basis,
 for the period January first, two thousand six through December  thirty-
 first, two thousand six;
   (F)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (G)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand eight through December  thirty-first,  two  thousand
 eight;
   (H)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand nine through  December  thirty-first,  two  thousand
 nine;
   (I)  one  hundred  thirty-six  million  dollars for the period January
 first, two thousand ten through December thirty-first, two thousand ten;
   (J) thirty-four million dollars for  the  period  January  first,  two
 thousand eleven through March thirty-first, two thousand eleven;
   (K)  up  to  one  hundred thirty-six million dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen; [and]
   (L) up to one hundred thirty-six million  dollars  each  state  fiscal
 year  for  the  period March thirty-first, two thousand fourteen through
 April first, two thousand seventeen[.]; AND
   (M) UP TO ONE HUNDRED THIRTY-SIX MILLION  DOLLARS  EACH  STATE  FISCAL
 YEAR  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY.
   (ii) Adjustments to Medicaid rates made  pursuant  to  this  paragraph
 shall  not, in aggregate, exceed the following amounts for the following
 periods:
   (A) for the period April first,  two  thousand  two  through  December
 thirty-first, two thousand two, one hundred ten million dollars;
   (B)  for the period January first, two thousand three through December
 thirty-first,  two  thousand  three,  one  hundred  eighty-five  million
 dollars;
   (C)  for  the period January first, two thousand four through December
 thirty-first, two thousand four, two hundred sixty million dollars;
   (D) for the period January first, two thousand five  through  December
 thirty-first, two thousand five, three hundred forty million dollars;
   (E)  for  the  period January first, two thousand six through December
 thirty-first, two thousand six, three hundred forty million dollars;
   (F) for the period January first, two thousand seven through  December
 thirty-first, two thousand seven, three hundred forty million dollars;
   (G)  for the period January first, two thousand eight through December
 thirty-first, two thousand eight, three hundred forty million dollars;
   (H) for the period January first, two thousand nine  through  December
 thirty-first, two thousand nine, three hundred forty million dollars;
   (I)  for  the  period January first, two thousand ten through December
 thirty-first, two thousand ten, three hundred forty million dollars;
   (J) for the period January first, two thousand  eleven  through  March
 thirty-first, two thousand eleven, eighty-five million dollars;

 S. 2007--B                         74                         A. 3007--B
 
   (K)  for  each  state  fiscal  year within the period April first, two
 thousand eleven through March thirty-first, two thousand fourteen, three
 hundred forty million dollars; [and]
   (L)  for  each  state  fiscal  year within the period April first, two
 thousand fourteen through March thirty-first,  two  thousand  seventeen,
 three hundred forty million dollars[.]; AND
   (M)  FOR  EACH  STATE  FISCAL  YEAR WITHIN THE PERIOD APRIL FIRST, TWO
 THOUSAND SEVENTEEN THROUGH  MARCH  THIRTY-FIRST,  TWO  THOUSAND  TWENTY,
 THREE HUNDRED FORTY MILLION DOLLARS.
   (iii)  Personal care service providers which have their rates adjusted
 pursuant to this paragraph shall use  such  funds  for  the  purpose  of
 recruitment  and  retention  of  non-supervisory  personal care services
 workers or any worker with direct patient care responsibility  only  and
 are  prohibited  from  using such funds for any other purpose. Each such
 personal care services provider shall submit, at a time and in a  manner
 to  be determined by the commissioner, a written certification attesting
 that such funds will be used solely for the purpose of  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. The commissioner is author-
 ized to audit each such provider to ensure compliance with  the  written
 certification  required  by  this subdivision and shall recoup any funds
 determined to have been used for purposes  other  than  recruitment  and
 retention of non-supervisory personal care services workers or any work-
 er  with direct patient care responsibility. Such recoupment shall be in
 addition to any other penalties provided by law.
   (cc) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  the  purpose  of  supporting  the
 state  share  of  adjustments  to Medicaid rates of payment for personal
 care services provided pursuant to paragraph (e) of subdivision  two  of
 section three hundred sixty-five-a of the social services law, for local
 social  service  districts  which  shall not include a city with a popu-
 lation of over one million persons for the  purpose  of  supporting  the
 personal  care  services  worker  recruitment  and  retention program as
 established pursuant to  section  three  hundred  sixty-seven-q  of  the
 social  services law, from the tobacco control and insurance initiatives
 pool established for the following periods and the following amounts:
   (i) two million eight hundred thousand dollars for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii)  five  million  six  hundred  thousand  dollars, on an annualized
 basis, for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) eight million four hundred thousand dollars,  on  an  annualized
 basis,  for the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) ten million eight hundred  thousand  dollars,  on  an  annualized
 basis,  for the period January first, two thousand five through December
 thirty-first, two thousand five;
   (v) ten million eight  hundred  thousand  dollars,  on  an  annualized
 basis,  for  the period January first, two thousand six through December
 thirty-first, two thousand six;
   (vi) eleven million two hundred thousand dollars for the period  Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;

 S. 2007--B                         75                         A. 3007--B
 
   (vii) eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand eight through December thirty-first,  two  thou-
 sand eight;
   (viii)  eleven  million  two  hundred  thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eleven million two hundred thousand dollars for the period Janu-
 ary first, two thousand ten through December thirty-first, two  thousand
 ten;
   (x)  two million eight hundred thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven;
   (xi)  up  to  eleven  million  two hundred thousand dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen; [and]
   (xii)  up  to  eleven  million two hundred thousand dollars each state
 fiscal year for the period April first, two  thousand  fourteen  through
 March thirty-first, two thousand seventeen[.]; AND
   (XIII)  UP  TO  ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
 FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND TWENTY.
   (dd)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of Medicaid expenditures for physician services from the tobacco control
 and  insurance initiatives pool established for the following periods in
 the following amounts:
   (i) up to fifty-two million dollars for the period January first,  two
 thousand two through December thirty-first, two thousand two;
   (ii)  eighty-one  million  two hundred thousand dollars for the period
 January first, two thousand three  through  December  thirty-first,  two
 thousand three;
   (iii)  eighty-five million two hundred thousand dollars for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (iv)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  eighty-five  million  two hundred thousand dollars for the period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi) eighty-five million two hundred thousand dollars for  the  period
 January  first,  two  thousand  seven through December thirty-first, two
 thousand seven;
   (vii) eighty-five million two hundred thousand dollars for the  period
 January  first,  two  thousand  eight through December thirty-first, two
 thousand eight;
   (viii) eighty-five million two hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  eighty-five  million two hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten;

 S. 2007--B                         76                         A. 3007--B
 
   (x) twenty-one million three hundred thousand dollars for  the  period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven; and
   (xi)  eighty-five  million  two  hundred  thousand  dollars each state
 fiscal year for the period April  first,  two  thousand  eleven  through
 March thirty-first, two thousand fourteen.
   (ee)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of  the free-standing diagnostic and treatment center rate increases for
 recruitment and retention of health care workers pursuant to subdivision
 seventeen of section twenty-eight hundred seven of this article from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  three  million  two hundred fifty thousand dollars for the period
 April first, two thousand two through December thirty-first,  two  thou-
 sand two;
   (ii) three million two hundred fifty thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) three million two hundred fifty thousand dollars on  an  annual-
 ized  basis  for  the  period  January  first, two thousand four through
 December thirty-first, two thousand four;
   (iv) three million two hundred fifty thousand dollars for  the  period
 January  first,  two  thousand  five  through December thirty-first, two
 thousand five;
   (v) three million two hundred fifty thousand dollars  for  the  period
 January first, two thousand six through December thirty-first, two thou-
 sand six;
   (vi)  three  million two hundred fifty thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii) three million four hundred thirty-eight thousand dollars for the
 period  January first, two thousand eight through December thirty-first,
 two thousand eight;
   (viii) two million four hundred fifty thousand dollars for the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) one million five hundred thousand dollars for the period  January
 first, two thousand ten through December thirty-first, two thousand ten;
 and
   (x)  three hundred twenty-five thousand dollars for the period January
 first, two thousand eleven  through  March  thirty-first,  two  thousand
 eleven.
   (ff)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for purposes of funding the  state  share
 of  Medicaid expenditures for disabled persons as authorized pursuant to
 former subparagraphs twelve and thirteen of paragraph (a) of subdivision
 one of section three hundred sixty-six of the social services  law  from
 the  tobacco  control and insurance initiatives pool established for the
 following periods in the following amounts:

 S. 2007--B                         77                         A. 3007--B
 
   (i) one million eight hundred thousand dollars for  the  period  April
 first, two thousand two through December thirty-first, two thousand two;
   (ii)  sixteen  million  four hundred thousand dollars on an annualized
 basis for the period January first, two thousand three through  December
 thirty-first, two thousand three;
   (iii) eighteen million seven hundred thousand dollars on an annualized
 basis  for  the period January first, two thousand four through December
 thirty-first, two thousand four;
   (iv) thirty million six hundred thousand dollars for the period  Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) thirty million six hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi)  thirty million six hundred thousand dollars for the period Janu-
 ary first, two thousand seven through December thirty-first,  two  thou-
 sand seven;
   (vii)  fifteen million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (viii) fifteen million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (ix) fifteen million dollars for the period January first,  two  thou-
 sand ten through December thirty-first, two thousand ten;
   (x)  three million seven hundred fifty thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven;
   (xi) fifteen million dollars each state fiscal  year  for  the  period
 April  first,  two thousand eleven through March thirty-first, two thou-
 sand fourteen; [and]
   (xii) fifteen million dollars each state fiscal year  for  the  period
 April first, two thousand fourteen through March thirty-first, two thou-
 sand seventeen[.]; AND
   (XIII)  FIFTEEN  MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY.
   (gg)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available, including income from invested funds,  for  purposes
 of  grants  to non-public general hospitals pursuant to paragraph (c) of
 subdivision thirty of section twenty-eight hundred seven-c of this arti-
 cle from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i)  up to one million three hundred thousand dollars on an annualized
 basis for the period January first, two thousand  two  through  December
 thirty-first, two thousand two;
   (ii) up to three million two hundred thousand dollars on an annualized
 basis  for the period January first, two thousand three through December
 thirty-first, two thousand three;
   (iii) up to five million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand four  through  December
 thirty-first, two thousand four;
   (iv)  up  to eight million six hundred thousand dollars for the period
 January first, two thousand  five  through  December  thirty-first,  two
 thousand five;
   (v)  up to eight million six hundred thousand dollars on an annualized
 basis for the period January first, two thousand  six  through  December
 thirty-first, two thousand six;

 S. 2007--B                         78                         A. 3007--B
 
   (vi)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand seven  through  December  thirty-first,  two
 thousand seven;
   (vii)  up  to  two million six hundred thousand dollars for the period
 January first, two thousand eight  through  December  thirty-first,  two
 thousand eight;
   (viii)  up  to two million six hundred thousand dollars for the period
 January first, two thousand  nine  through  December  thirty-first,  two
 thousand nine;
   (ix)  up  to  two  million six hundred thousand dollars for the period
 January first, two thousand ten through December thirty-first, two thou-
 sand ten; and
   (x) up to six hundred fifty thousand dollars for  the  period  January
 first,  two  thousand  eleven  through  March thirty-first, two thousand
 eleven.
   (hh) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to the credit  of  the  special  revenue
 fund  -  other,  HCRA  transfer  fund,  medical  assistance  account for
 purposes of providing financial assistance to  residential  health  care
 facilities  pursuant  to subdivisions nineteen and twenty-one of section
 twenty-eight hundred eight of this article, from the tobacco control and
 insurance initiatives pool established for the following periods in  the
 following amounts:
   (i)  for  the  period  April  first, two thousand two through December
 thirty-first, two thousand two, ten million dollars;
   (ii) for the period January first, two thousand three through December
 thirty-first, two thousand three, nine million four hundred fifty  thou-
 sand dollars;
   (iii) for the period January first, two thousand four through December
 thirty-first,  two thousand four, nine million three hundred fifty thou-
 sand dollars;
   (iv) up to fifteen million dollars for the period January  first,  two
 thousand five through December thirty-first, two thousand five;
   (v)  up  to  fifteen million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six;
   (vi) up to fifteen million dollars for the period January  first,  two
 thousand seven through December thirty-first, two thousand seven;
   (vii)  up to fifteen million dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (viii) up to fifteen million dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine;
   (ix) up to fifteen million dollars for the period January  first,  two
 thousand ten through December thirty-first, two thousand ten;
   (x)  up  to three million seven hundred fifty thousand dollars for the
 period January first, two thousand eleven  through  March  thirty-first,
 two thousand eleven; and
   (xi)  fifteen  million  dollars  each state fiscal year for the period
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand fourteen.
   (ii)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for the purpose of supporting the
 state share of Medicaid expenditures for disabled persons as  authorized

 S. 2007--B                         79                         A. 3007--B
 
 by sections 1619 (a) and (b) of the federal social security act pursuant
 to  the  tobacco  control and insurance initiatives pool established for
 the following periods in the following amounts:
   (i)  six  million  four  hundred thousand dollars for the period April
 first, two thousand two through December thirty-first, two thousand two;
   (ii) eight million five hundred thousand dollars, for the period Janu-
 ary first, two thousand three through December thirty-first,  two  thou-
 sand three;
   (iii) eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand four through December thirty-first, two thousand
 four;
   (iv)  eight million five hundred thousand dollars for the period Janu-
 ary first, two thousand five through December thirty-first, two thousand
 five;
   (v) eight million five hundred thousand dollars for the period January
 first, two thousand six through December thirty-first, two thousand six;
   (vi) eight million six hundred thousand dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven;
   (vii) eight million five hundred thousand dollars for the period Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight;
   (viii) eight million five hundred  thousand  dollars  for  the  period
 January  first,  two  thousand  nine  through December thirty-first, two
 thousand nine;
   (ix) eight million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand ten through December thirty-first, two thousand
 ten;
   (x) two million one hundred twenty-five thousand dollars for the peri-
 od January first, two thousand eleven through  March  thirty-first,  two
 thousand eleven;
   (xi)  eight  million  five  hundred thousand dollars each state fiscal
 year for the period April first, two thousand eleven through March thir-
 ty-first, two thousand fourteen; [and]
   (xii) eight million five hundred thousand dollars  each  state  fiscal
 year  for  the  period  April first, two thousand fourteen through March
 thirty-first, two thousand seventeen[.]; AND
   (XIII) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH  STATE  FISCAL
 YEAR  FOR  THE  PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH
 THIRTY-FIRST, TWO THOUSAND TWENTY.
   (jj) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  including  income  from  invested  funds, for the
 purposes of a grant program to improve access to  infertility  services,
 treatments and procedures, from the tobacco control and insurance initi-
 atives  pool  established for the period January first, two thousand two
 through December thirty-first, two thousand two in the  amount  of  nine
 million  one hundred seventy-five thousand dollars, for the period April
 first, two thousand six through March thirty-first, two  thousand  seven
 in  the  amount of five million dollars, for the period April first, two
 thousand seven through March thirty-first, two  thousand  eight  in  the
 amount of five million dollars, for the period April first, two thousand
 eight  through  March  thirty-first,  two thousand nine in the amount of
 five million dollars, and for the period April first, two thousand  nine
 through  March  thirty-first,  two  thousand  ten  in the amount of five
 million dollars, for the period April first, two  thousand  ten  through
 March thirty-first, two thousand eleven in the amount of two million two

 S. 2007--B                         80                         A. 3007--B
 
 hundred  thousand  dollars, and for the period April first, two thousand
 eleven through March thirty-first, two thousand twelve up to one million
 one hundred thousand dollars.
   (kk)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds -- other, HCRA transfer fund, medical assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of  Medical  Assistance  Program  expenditures  from  the  tobacco
 control  and  insurance  initiatives  pool established for the following
 periods in the following amounts:
   (i) thirty-eight million eight hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) up to two hundred ninety-five  million  dollars  for  the  period
 January  first,  two  thousand  three through December thirty-first, two
 thousand three;
   (iii) up to four hundred seventy-two million dollars  for  the  period
 January  first,  two  thousand  four  through December thirty-first, two
 thousand four;
   (iv) up to nine hundred million dollars for the period January  first,
 two thousand five through December thirty-first, two thousand five;
   (v)  up  to  eight  hundred  sixty-six  million three hundred thousand
 dollars for the period January first, two thousand six through  December
 thirty-first, two thousand six;
   (vi)  up to six hundred sixteen million seven hundred thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first, two thousand seven;
   (vii)  up  to  five hundred seventy-eight million nine hundred twenty-
 five thousand dollars for the period January first, two  thousand  eight
 through December thirty-first, two thousand eight; and
   (viii)  within  amounts  appropriated  on and after January first, two
 thousand nine.
   (ll) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  funds -- other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share  of Medicaid expenditures related to the city of New York from the
 tobacco control and  insurance  initiatives  pool  established  for  the
 following periods in the following amounts:
   (i)  eighty-two  million seven hundred thousand dollars for the period
 January first, two thousand two through December thirty-first, two thou-
 sand two;
   (ii) one hundred twenty-four million six hundred thousand dollars  for
 the  period  January  first, two thousand three through December thirty-
 first, two thousand three;
   (iii) one hundred twenty-four million seven hundred  thousand  dollars
 for  the  period January first, two thousand four through December thir-
 ty-first, two thousand four;
   (iv) one hundred twenty-four million seven  hundred  thousand  dollars
 for  the  period January first, two thousand five through December thir-
 ty-first, two thousand five;
   (v) one hundred twenty-four million seven hundred thousand dollars for
 the period January first, two  thousand  six  through  December  thirty-
 first, two thousand six;

 S. 2007--B                         81                         A. 3007--B
 
   (vi)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand seven through December  thir-
 ty-first, two thousand seven;
   (vii)  one  hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand eight through December  thir-
 ty-first, two thousand eight;
   (viii)  one hundred twenty-four million seven hundred thousand dollars
 for the period January first, two thousand nine through  December  thir-
 ty-first, two thousand nine;
   (ix)  one  hundred  twenty-four million seven hundred thousand dollars
 for the period January first, two thousand ten through December  thirty-
 first, two thousand ten;
   (x)  thirty-one  million one hundred seventy-five thousand dollars for
 the period January first, two  thousand  eleven  through  March  thirty-
 first, two thousand eleven; and
   (xi)  one  hundred  twenty-four million seven hundred thousand dollars
 each state fiscal year for the period April first, two  thousand  eleven
 through March thirty-first, two thousand fourteen.
   (mm)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding specified
 percentages of the state share of services and expenses related  to  the
 family health plus program in accordance with the following schedule:
   (i)  (A)  for  the  period  January  first, two thousand three through
 December thirty-first, two thousand four, one  hundred  percent  of  the
 state share;
   (B)  for  the period January first, two thousand five through December
 thirty-first, two thousand  five,  seventy-five  percent  of  the  state
 share; and[,]
   (C)  for  periods  beginning  on and after January first, two thousand
 six, fifty percent of the state share.
   (ii) Funding for the family health plus program  will  include  up  to
 five million dollars annually for the period January first, two thousand
 three  through  December  thirty-first,  two  thousand  six,  up to five
 million dollars for the period January first, two thousand seven through
 December thirty-first, two thousand  seven,  up  to  seven  million  two
 hundred  thousand  dollars  for  the  period January first, two thousand
 eight through December thirty-first, two thousand  eight,  up  to  seven
 million  two  hundred thousand dollars for the period January first, two
 thousand nine through December thirty-first, two thousand  nine,  up  to
 seven million two hundred thousand dollars for the period January first,
 two  thousand ten through December thirty-first, two thousand ten, up to
 one million eight hundred thousand dollars for the period January first,
 two thousand eleven through March thirty-first, two thousand eleven,  up
 to  six  million forty-nine thousand dollars for the period April first,
 two thousand eleven through March thirty-first, two thousand twelve,  up
 to  six  million two hundred eighty-nine thousand dollars for the period
 April first, two thousand twelve through March thirty-first,  two  thou-
 sand  thirteen,  and  up  to six million four hundred sixty-one thousand
 dollars for the period April first, two thousand thirteen through  March
 thirty-first,  two  thousand  fourteen, for administration and marketing
 costs associated with such program established pursuant to  clauses  (A)
 and  (B)  of  subparagraph  (v)  of  paragraph (a) of subdivision two of
 section three hundred sixty-nine-ee of the social services law from  the

 S. 2007--B                         82                         A. 3007--B
 
 tobacco  control  and  insurance  initiatives  pool  established for the
 following periods in the following amounts:
   (A)  one  hundred  ninety million six hundred thousand dollars for the
 period January first, two thousand three through December  thirty-first,
 two thousand three;
   (B)  three hundred seventy-four million dollars for the period January
 first, two thousand four through  December  thirty-first,  two  thousand
 four;
   (C)  five  hundred  thirty-eight million four hundred thousand dollars
 for the period January first, two thousand five through  December  thir-
 ty-first, two thousand five;
   (D) three hundred eighteen million seven hundred seventy-five thousand
 dollars  for the period January first, two thousand six through December
 thirty-first, two thousand six;
   (E) four hundred eighty-two million eight hundred thousand dollars for
 the period January first, two thousand seven  through  December  thirty-
 first, two thousand seven;
   (F)  five hundred seventy million twenty-five thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (G) six hundred ten million seven hundred twenty-five thousand dollars
 for  the  period January first, two thousand nine through December thir-
 ty-first, two thousand nine;
   (H) six hundred twenty-seven million two hundred seventy-five thousand
 dollars for the period January first, two thousand ten through  December
 thirty-first, two thousand ten;
   (I)  one  hundred fifty-seven million eight hundred seventy-five thou-
 sand dollars for the period January first, two thousand  eleven  through
 March thirty-first, two thousand eleven;
   (J) six hundred twenty-eight million four hundred thousand dollars for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand twelve;
   (K) six hundred fifty million four hundred thousand  dollars  for  the
 period  April first, two thousand twelve through March thirty-first, two
 thousand thirteen;
   (L) six hundred fifty million four hundred thousand  dollars  for  the
 period  April  first,  two thousand thirteen through March thirty-first,
 two thousand fourteen; and
   (M) up to three hundred ten million five hundred ninety-five  thousand
 dollars  for the period April first, two thousand fourteen through March
 thirty-first, two thousand fifteen.
   (nn) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for deposit to  the  credit  of  the  state  special
 revenue  fund - other, HCRA transfer fund, health care services account,
 or any successor fund or account, for purposes  related  to  adult  home
 initiatives  for  medicaid  eligible residents of residential facilities
 licensed pursuant to section four hundred sixty-b of the social services
 law from the tobacco control and insurance initiatives pool  established
 for the following periods in the following amounts:
   (i) up to four million dollars for the period January first, two thou-
 sand three through December thirty-first, two thousand three;
   (ii) up to six million dollars for the period January first, two thou-
 sand four through December thirty-first, two thousand four;
   (iii)  up  to  eight million dollars for the period January first, two
 thousand  five  through  December  thirty-first,  two   thousand   five,

 S. 2007--B                         83                         A. 3007--B
 
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (iv)  up  to  eight  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand six,  provided,
 however,  that  up to five million two hundred fifty thousand dollars of
 such funds shall be received by the comptroller  and  deposited  to  the
 credit  of  the  special  revenue fund - other / aid to localities, HCRA
 transfer fund - 061, enhanced community services account -  05,  or  any
 successor fund or account, for the purposes set forth in this paragraph;
   (v)  up  to  eight  million  dollars for the period January first, two
 thousand  seven  through  December  thirty-first,  two  thousand  seven,
 provided,  however,  that  up to five million two hundred fifty thousand
 dollars of such funds shall be received by the comptroller and deposited
 to the credit of the special revenue fund - other / aid  to  localities,
 HCRA  transfer  fund - 061, enhanced community services account - 05, or
 any successor fund or account, for the purposes set forth in this  para-
 graph;
   (vi)  up  to  two million seven hundred fifty thousand dollars for the
 period January first, two thousand eight through December  thirty-first,
 two thousand eight;
   (vii)  up  to two million seven hundred fifty thousand dollars for the
 period January first, two thousand nine through  December  thirty-first,
 two thousand nine;
   (viii)  up to two million seven hundred fifty thousand dollars for the
 period January first, two thousand ten  through  December  thirty-first,
 two thousand ten; and
   (ix)  up  to  six hundred eighty-eight thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (oo) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of grants to non-public general hospitals pursuant to paragraph  (e)  of
 subdivision  twenty-five of section twenty-eight hundred seven-c of this
 article from the tobacco control and insurance initiatives  pool  estab-
 lished for the following periods in the following amounts:
   (i)  up  to five million dollars on an annualized basis for the period
 January first, two thousand  four  through  December  thirty-first,  two
 thousand four;
   (ii)  up  to  five  million  dollars for the period January first, two
 thousand five through December thirty-first, two thousand five;
   (iii) up to five million dollars for the  period  January  first,  two
 thousand six through December thirty-first, two thousand six;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first, two thousand seven;
   (v) up to five million dollars for the period January first, two thou-
 sand eight through December thirty-first, two thousand eight;
   (vi) up to five million dollars for  the  period  January  first,  two
 thousand nine through December thirty-first, two thousand nine;
   (vii)  up  to  five  million dollars for the period January first, two
 thousand ten through December thirty-first, two thousand ten; and

 S. 2007--B                         84                         A. 3007--B
 
   (viii) up to one million two hundred fifty thousand  dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven.
   (pp)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of  supporting  the provision of tax credits for long term care
 insurance pursuant to subdivision one of section one hundred  ninety  of
 the  tax  law, paragraph (a) of subdivision twenty-five-a of section two
 hundred ten of such law, subsection (aa) of section six hundred  six  of
 such  law,  paragraph  one of subsection (k) of section fourteen hundred
 fifty-six of such law and paragraph one of subdivision  (m)  of  section
 fifteen hundred eleven of such law, in the following amounts:
   (i)  ten  million  dollars  for the period January first, two thousand
 four through December thirty-first, two thousand four;
   (ii) ten million dollars for the period January  first,  two  thousand
 five through December thirty-first, two thousand five;
   (iii)  ten  million dollars for the period January first, two thousand
 six through December thirty-first, two thousand six; and
   (iv) five million dollars for the period January first,  two  thousand
 seven through June thirtieth, two thousand seven.
   (qq)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of  supporting  the  long-term  care  insurance  education  and
 outreach program established pursuant to section two hundred seventeen-a
 of the elder law for the following periods in the following amounts:
   (i) up to five million dollars for the period January first, two thou-
 sand four through December thirty-first,  two  thousand  four;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be  deposited  by
 the  commissioner,  within  amounts appropriated, and the comptroller is
 hereby authorized and directed to receive for deposit to the  credit  of
 the  special  revenue  funds - other, HCRA transfer fund, long term care
 insurance resource center account of the state office for the  aging  or
 any  future  account designated for the purpose of implementing the long
 term care insurance education and outreach  program  and  providing  the
 long  term  care insurance resource centers with the necessary resources
 to carry out their operations;
   (ii) up to five million dollars for  the  period  January  first,  two
 thousand  five through December thirty-first, two thousand five; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program  and  three million fifty thousand dollars shall be deposited by
 the commissioner, within amounts appropriated, and  the  comptroller  is
 hereby  authorized  and directed to receive for deposit to the credit of
 the special revenue funds - other, HCRA transfer fund,  long  term  care
 insurance  resource  center account of the state office for the aging or
 any future account designated for the purpose of implementing  the  long
 term  care  insurance  education  and outreach program and providing the
 long term care insurance resource centers with the  necessary  resources
 to carry out their operations;
   (iii)  up  to  five  million dollars for the period January first, two
 thousand six through December thirty-first, two thousand  six;  of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made

 S. 2007--B                         85                         A. 3007--B
 
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (iv)  up  to  five  million  dollars for the period January first, two
 thousand seven through December thirty-first,  two  thousand  seven;  of
 such funds one million nine hundred fifty thousand dollars shall be made
 available  to the department for the purpose of developing, implementing
 and administering the long-term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (v) up to five million dollars for the period January first, two thou-
 sand  eight  through  December thirty-first, two thousand eight; of such
 funds one million nine hundred fifty  thousand  dollars  shall  be  made
 available  to the department for the purpose of developing, implementing
 and administering the long term care insurance  education  and  outreach
 program and three million fifty thousand dollars shall be made available
 to  the  office for the aging for the purpose of providing the long term
 care insurance resource centers with the necessary  resources  to  carry
 out their operations;
   (vi)  up  to  five  million  dollars for the period January first, two
 thousand nine through December thirty-first, two thousand nine; of  such
 funds  one  million  nine  hundred  fifty thousand dollars shall be made
 available to the department for the purpose of developing,  implementing
 and  administering  the  long-term care insurance education and outreach
 program and three million fifty thousand dollars shall be made available
 to the office for the aging for the purpose of providing  the  long-term
 care  insurance  resource  centers with the necessary resources to carry
 out their operations;
   (vii) up to four hundred eighty-eight thousand dollars for the  period
 January first, two thousand ten through March thirty-first, two thousand
 ten;  of  such funds four hundred eighty-eight thousand dollars shall be
 made available to the department for the purpose of  developing,  imple-
 menting  and  administering  the  long-term care insurance education and
 outreach program.
   (rr) Funds shall be reserved and accumulated from the tobacco  control
 and  insurance initiatives pool and shall be available, including income
 from invested funds, for the purpose of supporting expenses  related  to
 implementation  of  the provisions of title III of article twenty-nine-D
 of this chapter, for the following periods and in the following amounts:
   (i) up to ten million dollars for the period January first, two  thou-
 sand six through December thirty-first, two thousand six;
   (ii) up to ten million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven;
   (iii)  up  to  ten  million  dollars for the period January first, two
 thousand eight through December thirty-first, two thousand eight;
   (iv) up to ten million dollars for the period January first, two thou-
 sand nine through December thirty-first, two thousand nine;
   (v) up to ten million dollars for the period January first, two  thou-
 sand ten through December thirty-first, two thousand ten; and

 S. 2007--B                         86                         A. 3007--B
 
   (vi)  up  to  two million five hundred thousand dollars for the period
 January first, two thousand eleven through March thirty-first, two thou-
 sand eleven.
   (ss)  Funds shall be reserved and accumulated from the tobacco control
 and insurance initiatives pool and used for a health care  stabilization
 program  established by the commissioner for the purposes of stabilizing
 critical health care providers and health care programs whose ability to
 continue to provide appropriate services are threatened by financial  or
 other  challenges,  in  the amount of up to twenty-eight million dollars
 for the period July first, two thousand four through June thirtieth, two
 thousand five. Notwithstanding the provisions  of  section  one  hundred
 twelve  of  the state finance law or any other inconsistent provision of
 the state finance law or any other law, funds available for distribution
 pursuant to this paragraph may  be  allocated  and  distributed  by  the
 commissioner,  or  the state comptroller as applicable without a compet-
 itive bid or request for proposal process. Considerations relied upon by
 the commissioner in determining the allocation and distribution of these
 funds shall include, but not be  limited  to,  the  following:  (i)  the
 importance  of  the  provider or program in meeting critical health care
 needs in the community in  which  it  operates;  (ii)  the  provider  or
 program provision of care to under-served populations; (iii) the quality
 of the care or services the provider or program delivers; (iv) the abil-
 ity  of  the  provider  or program to continue to deliver an appropriate
 level of care or services if additional funding is made  available;  (v)
 the  ability  of  the provider or program to access, in a timely manner,
 alternative sources of funding, including other  sources  of  government
 funding; (vi) the ability of other providers or programs in the communi-
 ty  to  meet the community health care needs; (vii) whether the provider
 or program has an appropriate plan to improve its  financial  condition;
 and  (viii)  whether  additional  funding  would  permit the provider or
 program to consolidate, relocate, or close programs  or  services  where
 such  actions  would  result  in greater stability and efficiency in the
 delivery of needed health care services or programs.
   (tt) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of providing grants  for  two  long  term  care  demonstration  projects
 designed  to test new models for the delivery of long term care services
 established pursuant to section twenty-eight  hundred  seven-x  of  this
 chapter, for the following periods and in the following amounts:
   (i)  up to five hundred thousand dollars for the period January first,
 two thousand four through December thirty-first, two thousand four;
   (ii) up to five hundred thousand dollars for the period January first,
 two thousand five through December thirty-first, two thousand five;
   (iii) up to five hundred  thousand  dollars  for  the  period  January
 first, two thousand six through December thirty-first, two thousand six;
   (iv) up to one million dollars for the period January first, two thou-
 sand seven through December thirty-first, two thousand seven; and
   (v)  up  to  two hundred fifty thousand dollars for the period January
 first, two thousand  eight  through  March  thirty-first,  two  thousand
 eight.
   (uu)  Funds  shall  be  reserved and accumulated from year to year and
 shall be available,  including  income  from  invested  funds,  for  the
 purpose  of supporting disease management and telemedicine demonstration
 programs authorized pursuant to section  twenty-one  hundred  eleven  of
 this chapter for the following periods in the following amounts:

 S. 2007--B                         87                         A. 3007--B
 
   (i)  five  million  dollars for the period January first, two thousand
 four through December thirty-first, two thousand four,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (ii)  five  million dollars for the period January first, two thousand
 five through December thirty-first, two thousand five,  of  which  three
 million  dollars shall be available for disease management demonstration
 programs and two million dollars shall  be  available  for  telemedicine
 demonstration programs;
   (iii)  nine million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six,  of  which  seven  million  five  hundred thousand dollars shall be
 available for disease management demonstration programs and two  million
 dollars shall be available for telemedicine demonstration programs;
   (iv) nine million five hundred thousand dollars for the period January
 first,  two  thousand  seven through December thirty-first, two thousand
 seven, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and one million
 dollars shall be available for telemedicine demonstration programs;
   (v) nine million five hundred thousand dollars for the period  January
 first,  two  thousand  eight through December thirty-first, two thousand
 eight, of which seven million five hundred  thousand  dollars  shall  be
 available  for disease management demonstration programs and two million
 dollars shall be available for telemedicine demonstration programs;
   (vi) seven million eight hundred thirty-three thousand  three  hundred
 thirty-three  dollars  for  the  period January first, two thousand nine
 through December thirty-first, two thousand nine, of which seven million
 five hundred thousand dollars shall be available for disease  management
 demonstration  programs  and  three  hundred thirty-three thousand three
 hundred thirty-three dollars shall be available for telemedicine  demon-
 stration  programs  for  the  period  January  first,  two thousand nine
 through March first, two thousand nine;
   (vii) one million eight hundred seventy-five thousand dollars for  the
 period  January  first, two thousand ten through March thirty-first, two
 thousand ten shall be available  for  disease  management  demonstration
 programs.
   (ww)  Funds  shall  be  deposited  by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of the  general  hospital  rates  increases  for  recruitment  and
 retention  of  health care workers pursuant to paragraph (e) of subdivi-
 sion thirty of section twenty-eight hundred seven-c of this article from
 the tobacco control and insurance initiatives pool established  for  the
 following periods in the following amounts:
   (i) sixty million five hundred thousand dollars for the period January
 first,  two  thousand  five  through December thirty-first, two thousand
 five; and
   (ii) sixty million five hundred thousand dollars for the period  Janu-
 ary  first, two thousand six through December thirty-first, two thousand
 six.
   (xx) Funds shall be deposited  by  the  commissioner,  within  amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed to receive for the deposit to the credit of the  state  special

 S. 2007--B                         88                         A. 3007--B
 
 revenue  funds  - other, HCRA transfer fund, medical assistance account,
 or any successor fund or account, for  purposes  of  funding  the  state
 share of the general hospital rates increases for rural hospitals pursu-
 ant to subdivision thirty-two of section twenty-eight hundred seven-c of
 this  article  from  the  tobacco control and insurance initiatives pool
 established for the following periods in the following amounts:
   (i) three million five hundred thousand dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five;
   (ii)  three million five hundred thousand dollars for the period Janu-
 ary first, two thousand six through December thirty-first, two  thousand
 six;
   (iii) three million five hundred thousand dollars for the period Janu-
 ary  first,  two thousand seven through December thirty-first, two thou-
 sand seven;
   (iv) three million five hundred thousand dollars for the period  Janu-
 ary  first,  two thousand eight through December thirty-first, two thou-
 sand eight; and
   (v) three million two hundred eight thousand dollars  for  the  period
 January  first,  two thousand nine through November thirtieth, two thou-
 sand nine.
   (yy) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  within  amounts  appropriated and notwithstanding
 section one hundred twelve of  the  state  finance  law  and  any  other
 contrary  provision  of law, for the purpose of supporting grants not to
 exceed five million dollars to be made by  the  commissioner  without  a
 competitive  bid  or  request  for  proposal  process, in support of the
 delivery of critically needed  health  care  services,  to  health  care
 providers  located  in the counties of Erie and Niagara which executed a
 memorandum of closing and conducted a merger closing in escrow on Novem-
 ber twenty-fourth, nineteen hundred ninety-seven and which entered  into
 a  settlement  dated December thirtieth, two thousand four for a loss on
 disposal of assets under the provisions of title XVIII  of  the  federal
 social  security  act  applicable to mergers occurring prior to December
 first, nineteen hundred ninety-seven.
   (zz) Funds shall be reserved and accumulated from  year  to  year  and
 shall  be  available,  within  amounts  appropriated, for the purpose of
 supporting expenditures  authorized  pursuant  to  section  twenty-eight
 hundred  eighteen of this article from the tobacco control and insurance
 initiatives pool established for the following periods in the  following
 amounts:
   (i)  six  million five hundred thousand dollars for the period January
 first, two thousand five through  December  thirty-first,  two  thousand
 five;
   (ii)  one hundred eight million three hundred thousand dollars for the
 period January first, two thousand six  through  December  thirty-first,
 two thousand six, provided, however, that within amounts appropriated in
 the  two  thousand  six  through two thousand seven state fiscal year, a
 portion of such funds may be transferred  to  the  Roswell  Park  Cancer
 Institute Corporation to fund capital costs;
   (iii)  one  hundred seventy-one million dollars for the period January
 first, two thousand seven through December  thirty-first,  two  thousand
 seven,  provided,  however,  that within amounts appropriated in the two
 thousand six through two thousand seven state fiscal year, a portion  of
 such  funds  may  be  transferred  to  the Roswell Park Cancer Institute
 Corporation to fund capital costs;

 S. 2007--B                         89                         A. 3007--B

   (iv) one hundred seventy-one million five hundred thousand dollars for
 the period January first, two thousand eight  through  December  thirty-
 first, two thousand eight;
   (v)  one  hundred  twenty-eight  million  seven hundred fifty thousand
 dollars for the period January first, two thousand nine through December
 thirty-first, two thousand nine;
   (vi) one hundred thirty-one million three hundred  seventy-five  thou-
 sand  dollars  for  the  period  January first, two thousand ten through
 December thirty-first, two thousand ten;
   (vii) thirty-four million two hundred fifty thousand dollars  for  the
 period  January  first,  two thousand eleven through March thirty-first,
 two thousand eleven;
   (viii) four hundred thirty-three million three hundred sixty-six thou-
 sand dollars for the period April first,  two  thousand  eleven  through
 March thirty-first, two thousand twelve;
   (ix)  one hundred fifty million eight hundred six thousand dollars for
 the period April first, two thousand twelve through March  thirty-first,
 two thousand thirteen;
   (x)  seventy-eight million seventy-one thousand dollars for the period
 April first, two thousand thirteen through March thirty-first, two thou-
 sand fourteen.
   (aaa) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for services
 and expenses related to school based health centers, in an amount up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand six through March thirty-first, two thousand seven,  up  to
 three  million five hundred thousand dollars for the period April first,
 two thousand seven through March thirty-first, two thousand eight, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand eight through March thirty-first, two thousand nine, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand  nine  through March thirty-first, two thousand ten, up to
 three million five hundred thousand dollars for the period April  first,
 two  thousand ten through March thirty-first, two thousand eleven, up to
 two million eight hundred thousand dollars each state  fiscal  year  for
 the  period April first, two thousand eleven through March thirty-first,
 two thousand fourteen, [and] up to two million  six  hundred  forty-four
 thousand  dollars each state fiscal year for the period April first, two
 thousand fourteen through March thirty-first,  two  thousand  seventeen,
 AND UP TO TWO MILLION SIX HUNDRED FORTY-FOUR THOUSAND DOLLARS EACH STATE
 FISCAL  YEAR  FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
 MARCH THIRTY-FIRST, TWO THOUSAND  TWENTY.  The  total  amount  of  funds
 provided  herein  shall  be  distributed as grants based on the ratio of
 each provider's total enrollment for all sites to the  total  enrollment
 of  all  providers.  This  formula  shall be applied to the total amount
 provided herein.
   (bbb) Funds shall be reserved and accumulated from year  to  year  and
 shall  be  available, including income from invested funds, for purposes
 of awarding  grants  to  operators  of  adult  homes,  enriched  housing
 programs and residences through the enhancing abilities and life experi-
 ence  (EnAbLe)  program  to  provide for the installation, operation and
 maintenance of air conditioning in resident rooms, consistent with  this
 paragraph,  in  an amount up to two million dollars for the period April
 first, two thousand six through March thirty-first, two thousand  seven,
 up  to three million eight hundred thousand dollars for the period April
 first, two thousand  seven  through  March  thirty-first,  two  thousand

 S. 2007--B                         90                         A. 3007--B
 
 eight, up to three million eight hundred thousand dollars for the period
 April first, two thousand eight through March thirty-first, two thousand
 nine,  up to three million eight hundred thousand dollars for the period
 April  first, two thousand nine through March thirty-first, two thousand
 ten, and up to three million eight  hundred  thousand  dollars  for  the
 period  April  first,  two  thousand ten through March thirty-first, two
 thousand eleven. Residents shall not be charged utility cost for the use
 of air conditioners supplied under the  EnAbLe  program.  All  such  air
 conditioners must be operated in occupied resident rooms consistent with
 requirements applicable to common areas.
   (ccc)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the rates for certified home health agencies, long
 term home  health  care  programs,  AIDS  home  care  programs,  hospice
 programs and managed long term care plans and approved managed long term
 care  operating  demonstrations as defined in section forty-four hundred
 three-f of this chapter for recruitment and  retention  of  health  care
 workers  pursuant  to  subdivisions  nine  and ten of section thirty-six
 hundred fourteen of this chapter from the tobacco control and  insurance
 initiatives  pool established for the following periods in the following
 amounts:
   (i) twenty-five million dollars for the period June first,  two  thou-
 sand six through December thirty-first, two thousand six;
   (ii)  fifty million dollars for the period January first, two thousand
 seven through December thirty-first, two thousand seven;
   (iii) fifty million dollars for the period January first, two thousand
 eight through December thirty-first, two thousand eight;
   (iv) fifty million dollars for the period January first, two  thousand
 nine through December thirty-first, two thousand nine;
   (v)  fifty  million dollars for the period January first, two thousand
 ten through December thirty-first, two thousand ten;
   (vi) twelve million five hundred thousand dollars for the period Janu-
 ary first, two thousand eleven through March thirty-first, two  thousand
 eleven;
   (vii) up to fifty million dollars each state fiscal year for the peri-
 od  April  first,  two  thousand  eleven through March thirty-first, two
 thousand fourteen; [and]
   (viii) up to fifty million dollars each  state  fiscal  year  for  the
 period  April  first,  two thousand fourteen through March thirty-first,
 two thousand seventeen[.]; AND
   (IX) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
 APRIL FIRST, TWO THOUSAND  SEVENTEEN  THROUGH  MARCH  THIRTY-FIRST,  TWO
 THOUSAND TWENTY.
   (ddd)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive for the deposit to the credit of the state special
 revenue funds - other, HCRA transfer fund, medical  assistance  account,
 or  any  successor  fund  or  account, for purposes of funding the state
 share of increases in the medical assistance  rates  for  providers  for
 purposes  of  enhancing the provision, quality and/or efficiency of home
 care services pursuant  to  subdivision  eleven  of  section  thirty-six
 hundred  fourteen of this chapter from the tobacco control and insurance
 initiatives pool established for the following period in the  amount  of

 S. 2007--B                         91                         A. 3007--B
 
 eight  million  dollars  for  the  period  April first, two thousand six
 through December thirty-first, two thousand six.
   (eee)  Funds  shall  be reserved and accumulated from year to year and
 shall be available, including income from invested funds, to the  Center
 for  Functional  Genomics at the State University of New York at Albany,
 for the purposes of the Adirondack  network  for  cancer  education  and
 research  in rural communities grant program to improve access to health
 care and shall be made available from the tobacco control and  insurance
 initiatives  pool  established for the following period in the amount of
 up to five million dollars for the period January  first,  two  thousand
 six through December thirty-first, two thousand six.
   (fff) Funds shall be made available to the empire state stem cell fund
 established  by  section  ninety-nine-p  of the state finance law within
 amounts appropriated up to fifty million dollars annually and shall  not
 exceed five hundred million dollars in total.
   (ggg)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for  hospital translation services as
 authorized pursuant to paragraph (k) of subdivision one of section twen-
 ty-eight hundred seven-c of this article from the  tobacco  control  and
 initiatives  pool established for the following periods in the following
 amounts:
   (i) sixteen million dollars for the period July  first,  two  thousand
 eight through December thirty-first, two thousand eight; and
   (ii)  fourteen  million  seven hundred thousand dollars for the period
 January first, two thousand nine through November thirtieth,  two  thou-
 sand nine.
   (hhh)  Funds  shall  be  deposited by the commissioner, within amounts
 appropriated,  and  the  state  comptroller  is  hereby  authorized  and
 directed  to  receive  for  deposit  to  the credit of the state special
 revenue fund - other, HCRA transfer fund, medical assistance account, or
 any successor fund or account, for the purpose of supporting  the  state
 share  of  Medicaid  expenditures  for adjustments to inpatient rates of
 payment for general hospitals located in  the  counties  of  Nassau  and
 Suffolk  as  authorized  pursuant to paragraph (l) of subdivision one of
 section twenty-eight hundred seven-c of this article  from  the  tobacco
 control  and  initiatives  pool established for the following periods in
 the following amounts:
   (i) two million five hundred thousand dollars  for  the  period  April
 first,  two  thousand  eight through December thirty-first, two thousand
 eight; and
   (ii) two million two hundred ninety-two thousand dollars for the peri-
 od January first, two thousand  nine  through  November  thirtieth,  two
 thousand nine.
   (iii)  Funds shall be reserved and set aside and accumulated from year
 to year and shall be made available, including  income  from  investment
 funds,  for  the purpose of supporting the New York state medical indem-
 nity fund as authorized pursuant to title four of article  twenty-nine-D
 of this chapter, for the following periods and in the following amounts,
 provided,  however,  that  the commissioner is authorized to seek waiver
 authority from the federal centers for medicare  and  Medicaid  for  the
 purpose  of  securing  Medicaid federal financial participation for such

 S. 2007--B                         92                         A. 3007--B
 
 program, in which case the funding authorized pursuant to this paragraph
 shall be utilized as the non-federal share for such payments:
   Thirty million dollars for the period April first, two thousand eleven
 through March thirty-first, two thousand twelve.
   2.  (a)  For  periods  prior  to January first, two thousand five, the
 commissioner is authorized to  contract  with  the  article  forty-three
 insurance law plans, or such other contractors as the commissioner shall
 designate,  to receive and distribute funds from the tobacco control and
 insurance initiatives pool established pursuant to this section. In  the
 event  contracts  with  the  article  forty-three insurance law plans or
 other commissioner's designees are effectuated, the  commissioner  shall
 conduct annual audits of the receipt and distribution of such funds. The
 reasonable  costs  and  expenses  of an administrator as approved by the
 commissioner, not to exceed for personnel services on  an  annual  basis
 five  hundred thousand dollars, for collection and distribution of funds
 pursuant to this section shall be paid from such funds.
   (b) Notwithstanding any inconsistent provision of section one  hundred
 twelve  or one hundred sixty-three of the state finance law or any other
 law, at the discretion of the commissioner without a competitive bid  or
 request  for proposal process, contracts in effect for administration of
 pools established pursuant to  sections  twenty-eight  hundred  seven-k,
 twenty-eight  hundred  seven-l  and twenty-eight hundred seven-m of this
 article for the  period  January  first,  nineteen  hundred  ninety-nine
 through  December  thirty-first,  nineteen  hundred  ninety-nine  may be
 extended to provide for administration pursuant to this section and  may
 be amended as may be necessary.
   § 23. This act shall take effect immediately; provided, however, that:
   (a)  the  amendments  made to sections 2807-s and 2807-j of the public
 health law made by sections three, four and five of this act  shall  not
 affect the expiration of such sections and shall expire therewith; and
   (b)  the  amendments  to subdivision 6 of section 2807-t of the public
 health law made by section eight of this act shall not affect the  expi-
 ration of such section and shall be deemed to expire therewith; and
   (c)  the  amendments  to  paragraph  (i-1) of subdivision 1 of section
 2807-v of the public health law made by section twenty-two of  this  act
 hall  not  affect  the  repeal  of  such  paragraph  and shall be deemed
 repealed therewith.
 
                                  PART I
 
   Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
 public health law relating to authorizing  bad  debt  and  charity  care
 allowances  for  certified home health agencies, as amended by section 1
 of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
 follows:
   § 11. This act shall take effect immediately and:
   (a) sections one and three shall expire on December 31, 1996,
   (b)  sections  four  through ten shall expire on June 30, [2017] 2019,
 and
   (c) provided that the amendment to section 2807-b of the public health
 law by section two of this act shall not affect the expiration  of  such
 section  2807-b  as  otherwise  provided  by  law and shall be deemed to
 expire therewith.
   § 2. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
 of 2014 amending the social services law relating to  eliminating  pres-
 criber prevails for brand name drugs with generic equivalent, as amended

 S. 2007--B                         93                         A. 3007--B
 
 by  section 6 of part D of chapter 59 of the laws of 2016, is amended to
 read as follows:
   4-a.  section  twenty-two of this act shall take effect April 1, 2014,
 and shall be deemed expired January 1, [2018] 2019;
   § 3. Subparagraph (vi) of paragraph (b) of subdivision  2  of  section
 2807-d  of  the  public health law, as amended by section 3 of part D of
 chapter 57 of the laws of 2015, is amended to read as follows:
   (vi) Notwithstanding any contrary provision of this paragraph  or  any
 other  provision  of  law or regulation to the contrary, for residential
 health care facilities the assessment shall be six percent of each resi-
 dential health care facility's gross receipts received from all  patient
 care  services and other operating income on a cash basis for the period
 April first, two thousand two through March thirty-first,  two  thousand
 three  for  hospital  or  health-related  services,  including adult day
 services; provided, however, that residential  health  care  facilities'
 gross receipts attributable to payments received pursuant to title XVIII
 of the federal social security act (medicare) shall be excluded from the
 assessment; provided, however, that for all such gross receipts received
 on  or after April first, two thousand three through March thirty-first,
 two thousand five, such assessment shall be five  percent,  and  further
 provided  that  for  all  such gross receipts received on or after April
 first, two thousand five through March thirty-first, two thousand  nine,
 and  on  or  after  April first, two thousand nine through March thirty-
 first, two thousand eleven such assessment shall  be  six  percent,  and
 further  provided  that for all such gross receipts received on or after
 April first, two thousand eleven through March thirty-first,  two  thou-
 sand thirteen such assessment shall be six percent, and further provided
 that  for  all such gross receipts received on or after April first, two
 thousand thirteen through March thirty-first, two thousand fifteen  such
 assessment  shall be six percent, and further provided that for all such
 gross receipts received on or after April first,  two  thousand  fifteen
 through March thirty-first, two thousand seventeen such assessment shall
 be  six  percent,  AND FURTHER PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS
 RECEIVED ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN  THROUGH  MARCH
 THIRTY-FIRST,  TWO  THOUSAND  NINETEEN  SUCH  ASSESSMENT  SHALL  BE  SIX
 PERCENT.
   § 4. Subdivision 1 of section 194 of chapter 474 of the laws of  1996,
 amending the education law and other laws relating to rates for residen-
 tial  health care facilities, as amended by section 5 of part D of chap-
 ter 57 of the laws of 2015, is amended to read as follows:
   1. Notwithstanding any inconsistent provision of  law  or  regulation,
 the  trend  factors  used to project reimbursable operating costs to the
 rate period for purposes of determining rates  of  payment  pursuant  to
 article  28 of the public health law for residential health care facili-
 ties for reimbursement of inpatient services provided to patients eligi-
 ble for payments made by state governmental agencies on and after  April
 1,  1996  through March 31, 1999 and for payments made on and after July
 1, 1999 through March 31, 2000 and on and after April  1,  2000  through
 March 31, 2003 and on and after April 1, 2003 through March 31, 2007 and
 on and after April 1, 2007 through March 31, 2009 and on and after April
 1,  2009  through  March 31, 2011 and on and after April 1, 2011 through
 March 31, 2013 and on and after April 1, 2013 through  March  31,  2015,
 and  on and after April 1, 2015 through March 31, 2017, AND ON AND AFTER
 APRIL 1, 2017 THROUGH MARCH 31,  2019  shall  reflect  no  trend  factor
 projections  or  adjustments for the period April 1, 1996, through March
 31, 1997.

 S. 2007--B                         94                         A. 3007--B
 
   § 5. Subdivision 1 of section 89-a of part C of chapter 58 of the laws
 of 2007, amending the social services law and  other  laws  relating  to
 enacting  the major components of legislation necessary to implement the
 health and mental hygiene budget for the 2007-2008 state fiscal year, as
 amended  by  section  6  of part D of chapter 57 of the laws of 2015, is
 amended to read as follows:
   1. Notwithstanding paragraph (c) of subdivision 10 of  section  2807-c
 of  the  public  health  law  and section 21 of chapter 1 of the laws of
 1999, as amended, and any other inconsistent provision of law  or  regu-
 lation  to  the  contrary,  in  determining  rates  of payments by state
 governmental agencies effective for services provided beginning April 1,
 2006, through March 31, 2009, and on and after  April  1,  2009  through
 March  31,  2011, and on and after April 1, 2011 through March 31, 2013,
 and on and after April 1, 2013 through March 31, 2015, and on and  after
 April  1,  2015  through  March 31, 2017, AND ON AND AFTER APRIL 1, 2017
 THROUGH MARCH 31, 2019 for inpatient and outpatient services provided by
 general hospitals and for inpatient services and  outpatient  adult  day
 health  care  services  provided  by  residential health care facilities
 pursuant to article 28 of the public health  law,  the  commissioner  of
 health  shall  apply  a  trend  factor projection of two and twenty-five
 hundredths percent attributable to the period January  1,  2006  through
 December  31, 2006, and on and after January 1, 2007, provided, however,
 that on reconciliation of such trend factor for the  period  January  1,
 2006  through December 31, 2006 pursuant to paragraph (c) of subdivision
 10 of section 2807-c of the public health law, such trend  factor  shall
 be  the  final US Consumer Price Index (CPI) for all urban consumers, as
 published by the US Department of Labor, Bureau of Labor Statistics less
 twenty-five hundredths of a percentage point.
   § 6. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
 amending the public health  law  and  other  laws  relating  to  medical
 reimbursement  and welfare reform, as amended by section 11 of part D of
 chapter 57 of the laws of 2015, is amended to read as follows:
   5-a. Section sixty-four-a of this act shall be deemed to have been  in
 full  force and effect on and after April 1, 1995 through March 31, 1999
 and on and after July 1, 1999 through March 31, 2000 and  on  and  after
 April  1,  2000  through  March  31, 2003 and on and after April 1, 2003
 through March 31, 2007, and on and after April 1, 2007 through March 31,
 2009, and on and after April 1, 2009 through March 31, 2011, and on  and
 after  April  1,  2011 through March 31, 2013, and on and after April 1,
 2013 through March 31, 2015, and on and  after  April  1,  2015  through
 March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31, 2019;
   §  7.  Section  64-b  of  chapter 81 of the laws of 1995, amending the
 public health law and other laws relating to medical  reimbursement  and
 welfare  reform, as amended by section 12 of part D of chapter 57 of the
 laws of 2015, is amended to read as follows:
   §  64-b.  Notwithstanding  any  inconsistent  provision  of  law,  the
 provisions of subdivision 7 of section 3614 of the public health law, as
 amended,  shall  remain and be in full force and effect on April 1, 1995
 through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
 and after April 1, 2000 through March 31, 2003 and on and after April 1,
 2003 through March 31, 2007, and on and  after  April  1,  2007  through
 March  31,  2009, and on and after April 1, 2009 through March 31, 2011,
 and on and after April 1, 2011 through March 31, 2013, and on and  after
 April  1,  2013  through  March 31, 2015, and on and after April 1, 2015
 through March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH  31,
 2019.

 S. 2007--B                         95                         A. 3007--B
 
   §  8.  Subdivision  (a)  of section 40 of part B of chapter 109 of the
 laws of 2010, amending the social services law relating  to  transporta-
 tion costs, as amended by section 23 of part D of chapter 57 of the laws
 of 2015, is amended to read as follows:
   (a)  sections  two, three, three-a, three-b, three-c, three-d, three-e
 and twenty-one of this act shall take  effect  July  1,  2010;  sections
 fifteen,  sixteen,  seventeen,  eighteen  and nineteen of this act shall
 take effect January 1, 2011; and provided further that section twenty of
 this act shall be deemed repealed [six] EIGHT years after the  date  the
 contract  entered  into pursuant to section 365-h of the social services
 law, as amended by section twenty of this  act,  is  executed;  provided
 that the commissioner of health shall notify the legislative bill draft-
 ing  commission upon the execution of the contract entered into pursuant
 to section 367-h of the social services law in order that the commission
 may maintain an accurate and timely effective data base of the  official
 text of the laws of the state of New York in furtherance of effectuating
 the  provisions of section 44 of the legislative law and section 70-b of
 the public officers law;
   § 9. Section 4-a of part A of chapter 56 of the laws of 2013  amending
 chapter  59 of the laws of 2011 amending the public health law and other
 laws relating to general hospital reimbursement for annual rates  relat-
 ing  to the cap on local Medicaid expenditures, as amended by section 29
 of part D of chapter 57 of the laws of  2015,  is  amended  to  read  as
 follows:
   §  4-a.  Notwithstanding  paragraph  (c)  of subdivision 10 of section
 2807-c of the public health law, section 21 of chapter 1 of the laws  of
 1999,  or  any  other contrary provision of law, in determining rates of
 payments by state governmental agencies effective for services  provided
 on  and  after January 1, [2017] 2019 through March 31, [2017] 2019, for
 inpatient and outpatient services provided  by  general  hospitals,  for
 inpatient  services  and  adult  day  health  care  outpatient  services
 provided by residential health care facilities pursuant to article 28 of
 the public health law, except for residential health care facilities  or
 units  of such facilities providing services primarily to children under
 twenty-one years of age, for home health care services provided pursuant
 to article 36 of the public health law by certified  home  health  agen-
 cies,  long  term home health care programs and AIDS home care programs,
 and for personal care services provided pursuant to section 365-a of the
 social services law, the commissioner of health shall apply  no  greater
 than zero trend factors attributable to the [2017] 2019 calendar year in
 accordance with paragraph (c) of subdivision 10 of section 2807-c of the
 public  health  law,  provided,  however, that such no greater than zero
 trend factors attributable to such [2017] 2019 calendar year shall  also
 be  applied  to rates of payment provided on and after January 1, [2017]
 2019 through March 31, [2017] 2019 for personal care  services  provided
 in those local social services districts, including New York city, whose
 rates  of payment for such services are established by such local social
 services districts pursuant to a rate-setting exemption  issued  by  the
 commissioner  of  health  to  such  local  social  services districts in
 accordance with applicable regulations, and provided  further,  however,
 that  for rates of payment for assisted living program services provided
 on and after January 1, [2017] 2019 through March 31, [2017] 2019,  such
 trend  factors  attributable  to  the [2017] 2019 calendar year shall be
 established at no greater than zero percent.
   § 10. Subdivisions 3 and 5 of section 47 of chapter 2 of the  laws  of
 1998,  amending the public health law and other laws relating to expand-

 S. 2007--B                         96                         A. 3007--B
 
 ing the child health insurance plan, as amended by section 61 of part  C
 of chapter 60 of the laws of 2014, are amended to read as follows:
   3.  section  six  of  this  act  shall  take  effect  January 1, 1999;
 provided, however, that subparagraph (iii) of paragraph (c) of  subdivi-
 sion  9  of section 2510 of the public health law, as added by this act,
 shall expire on July 1, [2017] 2019;
   5. section twelve of this act  shall  take  effect  January  1,  1999;
 provided,  however,  paragraphs  (g) and (h) of subdivision 2 of section
 2511 of the public health law, as added by such section, shall expire on
 July 1, [2017] 2019;
   § 11. Section 4 of chapter 19 of the laws of 1998, amending the social
 services law relating to limiting the method of payment for prescription
 drugs under the medical assistance program, as amended by section 65  of
 part C of chapter 60 of the laws of 2014, is amended to read as follows:
   §  4. This act shall take effect 120 days after it shall have become a
 law and shall expire and be deemed repealed March 31, [2017] 2020.
   § 12. Paragraph (e-1) of subdivision 12 of section 2808 of the  public
 health law, as amended by section 66 of part C of chapter 60 of the laws
 of 2014, is amended to read as follows:
   (e-1) Notwithstanding any inconsistent provision of law or regulation,
 the  commissioner  shall  provide,  in  addition to payments established
 pursuant to this article prior to application  of  this  section,  addi-
 tional  payments  under the medical assistance program pursuant to title
 eleven of article five of the social services law for non-state operated
 public residential health care facilities, including public  residential
 health  care  facilities  located in the county of Nassau, the county of
 Westchester and the county of Erie,  but  excluding  public  residential
 health  care  facilities  operated by a town or city within a county, in
 aggregate annual amounts of up to one hundred fifty million  dollars  in
 additional payments for the state fiscal year beginning April first, two
 thousand  six  and  for the state fiscal year beginning April first, two
 thousand seven and for the state fiscal year beginning April first,  two
 thousand eight and of up to three hundred million dollars in such aggre-
 gate  annual  additional  payments  for  the state fiscal year beginning
 April first, two thousand nine, and for the state fiscal year  beginning
 April  first,  two  thousand ten and for the state fiscal year beginning
 April first, two thousand eleven, and for the state fiscal years  begin-
 ning  April  first,  two  thousand  twelve and April first, two thousand
 thirteen, and of up to five hundred million dollars  in  such  aggregate
 annual  additional  payments  for the state fiscal years beginning April
 first, two thousand fourteen, April  first,  two  thousand  fifteen  and
 April  first,  two  thousand  sixteen  AND OF UP TO FIVE HUNDRED MILLION
 DOLLARS IN SUCH AGGREGATE  ANNUAL  ADDITIONAL  PAYMENTS  FOR  THE  STATE
 FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN, APRIL FIRST,
 TWO  THOUSAND  EIGHTEEN,  AND  APRIL  FIRST,  TWO THOUSAND NINETEEN. The
 amount allocated to each eligible public residential health care facili-
 ty for this period shall be computed in accordance with  the  provisions
 of  paragraph  (f)  of this subdivision, provided, however, that patient
 days shall be utilized for such computation reflecting  actual  reported
 data  for  two thousand three and each representative succeeding year as
 applicable, and provided further, however, that,  in  consultation  with
 impacted providers, of the funds allocated for distribution in the state
 fiscal  year beginning April first, two thousand thirteen, up to thirty-
 two million dollars may be allocated in accordance with paragraph  (f-1)
 of this subdivision.

 S. 2007--B                         97                         A. 3007--B
 
   §  13.  Section  18  of  chapter 904 of the laws of 1984, amending the
 public health law and the social services law  relating  to  encouraging
 comprehensive  health  services, as amended by section 67-c of part C of
 chapter 60 of the laws of 2014, is amended to read as follows:
   §  18.  This  act  shall take effect immediately, except that sections
 six, nine, ten and eleven of this act shall take effect on the  sixtieth
 day after it shall have become a law, sections two, three, four and nine
 of  this  act  shall  expire  and be of no further force or effect on or
 after March 31, [2017] 2020, section two of this act shall  take  effect
 on  April  1,  1985 or seventy-five days following the submission of the
 report required by section one of this  act,  whichever  is  later,  and
 sections  eleven  and  thirteen  of  this  act shall expire and be of no
 further force or effect on or after March 31, 1988.
   § 14. Section 4 of part X2 of chapter 62 of the laws of 2003, amending
 the public health law relating to allowing for the use of funds  of  the
 office  of  professional  medical  conduct for activities of the patient
 health information and quality improvement act of 2000,  as  amended  by
 section  4-b  of part A of chapter 57 of the laws of 2015, is amended to
 read as follows:
   § 4. This  act  shall  take  effect  immediately;  provided  that  the
 provisions  of  section  one of this act shall be deemed to have been in
 full force and effect on and after April 1, 2003, and shall expire March
 31, [2017] 2020 when upon such date the provisions of such section shall
 be deemed repealed.
   § 15.  Subdivision (o) of section 111 of part H of chapter 59  of  the
 laws  of  2011, amending the public health law relating to the statewide
 health information network of New York and the  statewide  planning  and
 research cooperative system and general powers and duties, as amended by
 section  28  of  part D of chapter 57 of the laws of 2015, is amended to
 read as follows:
   (o) sections thirty-eight and thirty-eight-a of this act shall  expire
 and be deemed repealed March 31, [2017] 2020;
   § 16. Section 32 of part A of chapter 58 of the laws of 2008, amending
 the  elder law and other laws relating to reimbursement to participating
 provider pharmacies  and  prescription  drug  coverage,  as  amended  by
 section  13  of  part A of chapter 57 of the laws of 2015, is amended to
 read as follows:
   § 32. This act shall take effect immediately and shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2008; provided
 however, that sections one, six-a, nineteen,  twenty,  twenty-four,  and
 twenty-five of this act shall take effect July 1, 2008; provided however
 that  sections  sixteen, seventeen and eighteen of this act shall expire
 April 1, [2017] 2020; provided, however, that  the  amendments  made  by
 section  twenty-eight  of this act shall take effect on the same date as
 section 1 of chapter 281 of the laws  of  2007  takes  effect;  provided
 further,  that  sections twenty-nine, thirty, and thirty-one of this act
 shall take effect October 1, 2008; provided further, that section  twen-
 ty-seven  of  this  act  shall take effect January 1, 2009; and provided
 further, that section twenty-seven of  this  act  shall  expire  and  be
 deemed  repealed  March 31, [2017] 2020; and provided, further, however,
 that the amendments to subdivision 1 of section 241 of the education law
 made by section twenty-nine of this act shall not affect the  expiration
 of such subdivision and shall be deemed to expire therewith and provided
 that  the  amendments  to  section  272 of the public health law made by
 section thirty of this act shall not affect the repeal of  such  section
 and shall be deemed repealed therewith.

 S. 2007--B                         98                         A. 3007--B
 
   §  17.  Subdivision  3  of section 2999-p of the public health law, as
 amended by chapter 461 of the laws  of  2012,  is  amended  to  read  as
 follows:
   3.  The commissioner may issue a certificate of authority to an entity
 that meets conditions for ACO certification as set forth in  regulations
 made  by  the commissioner pursuant to section twenty-nine hundred nine-
 ty-nine-q of this article. The commissioner  shall  not  issue  any  new
 certificate under this article after December thirty-first, two thousand
 [sixteen] TWENTY.
   §  18. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
 amending the public health  law  and  other  laws  relating  to  medical
 reimbursement  and  welfare reform, as amended by section 2 of part D of
 chapter 57 of the laws of 2015, is amended to read as follows:
   2. Sections five, seven through nine,  twelve  through  fourteen,  and
 eighteen  of  this  act  shall  be deemed to have been in full force and
 effect on and after April 1, 1995 through March  31,  1999  and  on  and
 after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
 through  March 31, 2003 and on and after April 1, 2003 through March 31,
 2006 and on and after April 1, 2006 through March 31, 2007  and  on  and
 after  April  1,  2007  through March 31, 2009 and on and after April 1,
 2009 through March 31, 2011 and sections twelve, thirteen  and  fourteen
 of  this act shall be deemed to be in full force and effect on and after
 April 1, 2011 through March 31, 2015 and on  and  after  April  1,  2015
 through  March 31, 2017 AND ON AND AFTER APRIL 1, 2017 THROUGH MARCH 31,
 2019;
   § 19. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
                           Intentionally Omitted

                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
   Section  1.  The  public health law is amended by adding a new section
 1112 to read as follows:
   § 1112. EMERGING CONTAMINANT MONITORING. 1. INDUSTRY AND MODERN  TECH-
 NOLOGY  HAVE CREATED THOUSANDS OF NEW CHEMICALS THAT WOULD NOT OTHERWISE
 EXIST IN NATURE. ALTHOUGH SOME OF THESE CHEMICALS HAVE PROVEN  BENEFITS,
 THE  EFFECT  OF  MANY  SUCH  CHEMICALS ON HUMAN HEALTH IS UNKNOWN OR NOT
 FULLY UNDERSTOOD. FURTHERMORE, WITH THE ADVANCE OF SCIENCE AND TECHNOLO-
 GY, PUBLIC HEALTH SCIENTISTS AND EXPERTS ARE ABLE TO IDENTIFY  NATURALLY
 OCCURRING  CONTAMINANTS  THAT  POSE  PREVIOUSLY UNKNOWN HAZARDS TO HUMAN
 HEALTH. WHERE THESE CHEMICALS OR CONTAMINANTS, COLLECTIVELY REFERRED  TO
 AS  "EMERGING  CONTAMINANTS,"  ENTER  DRINKING  WATER SUPPLIES, THEY CAN
 PRESENT UNKNOWN BUT POTENTIALLY SERIOUS RISKS TO  PUBLIC  HEALTH.    NEW
 YORKERS  SERVED  BY  PUBLIC  WATER  SUPPLIES HAVE THE RIGHT TO KNOW WHEN

 S. 2007--B                         99                         A. 3007--B
 
 POTENTIALLY HAZARDOUS SUBSTANCES CONTAMINATE THEIR  DRINKING  WATER  AND
 THE  DEPARTMENT  MUST BE EQUIPPED TO MONITOR AND PROTECT THE PUBLIC FROM
 THESE EMERGING CONTAMINANTS.
   2.  A.  "EMERGING  CONTAMINANTS"  SHALL  MEAN  ANY PHYSICAL, CHEMICAL,
 MICROBIOLOGICAL OR RADIOLOGICAL SUBSTANCE LISTED AS AN EMERGING  CONTAM-
 INANT PURSUANT TO  SUBDIVISION THREE OF THIS SECTION.
   B.  "NOTIFICATION  LEVEL" MEANS THE CONCENTRATION LEVEL OF AN EMERGING
 CONTAMINANT IN DRINKING WATER  THAT  THE  COMMISSIONER  HAS  DETERMINED,
 BASED  ON AVAILABLE SCIENTIFIC INFORMATION, WARRANTS PUBLIC NOTIFICATION
 AND MAY REQUIRE ACTIONS,  WHICH  MAY  INCLUDE  ENHANCED  MONITORING  AND
 ACTIVITIES TO REDUCE EXPOSURE, PURSUANT TO THIS SECTION.
   C.  "COVERED  PUBLIC  WATER  SYSTEM"  SHALL MEAN:   (I) A PUBLIC WATER
 SYSTEM THAT SERVES AT LEAST FIVE SERVICE CONNECTIONS USED BY  YEAR-ROUND
 RESIDENTS OR REGULARLY SERVES AT LEAST TWENTY-FIVE YEAR-ROUND RESIDENTS;
 OR (II) A PUBLIC WATER SYSTEM THAT REGULARLY SERVES AT LEAST TWENTY-FIVE
 OF  THE  SAME  PEOPLE, FOUR HOURS OR MORE PER DAY, FOR FOUR OR MORE DAYS
 PER WEEK, FOR TWENTY-SIX OR MORE WEEKS PER YEAR.
   3. A.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO  IDENTIFY  AND
 LIST  SUBSTANCES AS EMERGING CONTAMINANTS THAT MEET THE FOLLOWING CRITE-
 RIA:
   (I) ARE NOT SUBJECT TO ANY  OTHER  SUBSTANCE-SPECIFIC  DRINKING  WATER
 REGULATION  OF  THE  DEPARTMENT  THAT  ESTABLISHES A MAXIMUM CONTAMINANT
 LEVEL, MAXIMUM RESIDUAL DISINFECTANT LEVEL, OR ACTION LEVEL;
   (II) ARE KNOWN OR ANTICIPATED TO OCCUR IN PUBLIC WATER SYSTEMS; AND
   (III) BECAUSE OF THEIR QUANTITY, CONCENTRATION, OR PHYSICAL,  CHEMICAL
 OR  INFECTIOUS CHARACTERISTICS, MAY CAUSE PHYSICAL INJURY OR ILLNESS, OR
 OTHERWISE POSE A POTENTIAL HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINK-
 ING WATER.
   B. IN DETERMINING WHAT SUBSTANCES SHALL BE LISTED AS EMERGING  CONTAM-
 INANTS THE COMMISSIONER SHALL, AT A MINIMUM, CONSIDER:
   (I)  UNREGULATED  CONTAMINANTS  MONITORED PURSUANT TO THE FEDERAL SAFE
 DRINKING WATER ACT (42 U.S.C. § 300G-1) AS AMENDED FROM TIME TO TIME;
   (II) SUBSTANCES THAT REQUIRE REGULATION OR MONITORING WHEN PRESENT  IN
 DRINKING WATER IN OTHER JURISDICTIONS OUTSIDE THE STATE OF NEW YORK;
   (III)  PESTICIDE  CHEMICALS  FOR WHICH THE UNITED STATES ENVIRONMENTAL
 PROTECTION AGENCY HAS SET HUMAN HEALTH BENCHMARKS FOR DRINKING WATER;
   (IV) SUBSTANCES FOUND AT SITES IN REMEDIAL PROGRAMS LOCATED INSIDE AND
 OUTSIDE THE STATE OF NEW YORK, INCLUDING BUT  NOT  LIMITED  TO  INACTIVE
 HAZARDOUS WASTE SITES; AND
   (V)  RECOMMENDATIONS  FROM  THE  DRINKING WATER QUALITY COUNCIL ESTAB-
 LISHED PURSUANT TO SECTION ELEVEN HUNDRED THIRTEEN OF THIS TITLE.
   C. THE COMMISSIONER SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING  CHEMI-
 CALS  IDENTIFIED AS EMERGING CONTAMINANTS: 1,4-DIOXANE; PERFLUOROOCTANE-
 SULFONIC ACID; AND PERFLUOROOCTANOIC ACID.
   D. THE COMMISSIONER SHALL BY REGULATION REMOVE ANY SUBSTANCE FROM  THE
 LIST  OF EMERGING CONTAMINANTS UPON ADOPTING A MAXIMUM CONTAMINANT LEVEL
 FOR SUCH SUBSTANCE.
   4. EVERY COVERED PUBLIC WATER SYSTEM SHALL TEST DRINKING WATER FOR THE
 PRESENCE OF EMERGING CONTAMINANTS AT LEAST ONCE EVERY THREE YEARS PURSU-
 ANT TO A SCHEDULE DETERMINED BY THE DEPARTMENT THROUGH REGULATION.
   5. EVERY TEST CONDUCTED IN  ACCORDANCE  WITH  THIS  SECTION  SHALL  BE
 CONDUCTED  BY  A  LABORATORY  CERTIFIED  BY  THE  DEPARTMENT PURSUANT TO
 SECTION FIVE HUNDRED TWO OF THIS CHAPTER. LABORATORIES SHALL SUBMIT SUCH
 RESULTS ELECTRONICALLY TO THE DEPARTMENT, TO ANY OTHER HEALTH DEPARTMENT
 WITH JURISDICTION OVER THE COVERED  PUBLIC  WATER  SYSTEM,  AND  TO  THE

 S. 2007--B                         100                        A. 3007--B
 
 COVERED  PUBLIC  WATER  SYSTEM,  IN  THE  MANNER  PRESCRIBED PURSUANT TO
 SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
   6.  THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING NOTIFI-
 CATION LEVELS FOR ANY EMERGING CONTAMINANT LISTED PURSUANT  TO  SUBDIVI-
 SION THREE OF THIS SECTION.  ANY NOTIFICATION LEVEL ESTABLISHED PURSUANT
 TO THIS SUBDIVISION SHALL BE EQUAL TO OR LOWER THAN ANY FEDERAL LIFETIME
 HEALTH  ADVISORY LEVEL ESTABLISHED PURSUANT TO THE FEDERAL SAFE DRINKING
 WATER ACT (42 U.S.C. § 300G-1). IF NO FEDERAL LIFETIME  HEALTH  ADVISORY
 LEVEL  HAS  BEEN ESTABLISHED, THE COMMISSIONER SHALL ESTABLISH NOTIFICA-
 TION LEVELS BASED UPON THE AVAILABLE  SCIENTIFIC  INFORMATION,  AND  MAY
 TAKE  INTO  CONSIDERATION  RECOMMENDATIONS OF THE DRINKING WATER QUALITY
 COUNCIL ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED THIRTEEN OF  THIS
 TITLE.
   7. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER
 MAY,  BY  DECLARATION,  ADD  ANY  PHYSICAL, CHEMICAL, MICROBIOLOGICAL OR
 RADIOLOGICAL SUBSTANCE TO THE LIST OF EMERGING CONTAMINANTS  ESTABLISHED
 PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, ESTABLISH A NOTIFICATION
 LEVEL, AND REQUIRE TESTING  FOR  SUCH  SUBSTANCE,  IF  THE  COMMISSIONER
 DETERMINES THAT: (I) SUCH SUBSTANCE POSES OR HAS THE POTENTIAL TO POSE A
 SIGNIFICANT  HAZARD TO HUMAN HEALTH WHEN PRESENT IN DRINKING WATER; (II)
 SUCH SUBSTANCE WAS RECENTLY DETECTED IN A PUBLIC WATER  SYSTEM  AND  HAS
 THE  POTENTIAL TO BE PRESENT IN OTHER PUBLIC WATER SYSTEMS; AND (III) IT
 APPEARS TO BE PREJUDICIAL TO THE INTERESTS OF THE PEOPLE TO DELAY ACTION
 BY PREPARING AND FILING REGULATIONS. THE  COMMISSIONER  SHALL,  HOWEVER,
 PROMULGATE  REGULATIONS  ADDING  SUCH NEW EMERGING CONTAMINANT OR ESTAB-
 LISHING SUCH NOTIFICATION LEVEL WITHIN ONE  YEAR  OF  SUCH  DECLARATION.
 SUCH  DECLARATION  SHALL  CLEARLY STATE WHERE AND THE DATE BY WHICH SUCH
 TESTING MUST OCCUR.   AFTER  THE  COMMISSIONER  PROMULGATES  REGULATIONS
 ADDING  SUCH  EMERGING CONTAMINANT, SUCH REGULATIONS SHALL SUPERSEDE THE
 DECLARATION ISSUED PURSUANT TO THIS SUBDIVISION.
   8. WHENEVER ONE OR MORE EMERGING CONTAMINANTS IS CONFIRMED TO BE PRES-
 ENT IN DRINKING WATER AT CONCENTRATIONS AT OR ABOVE A NOTIFICATION LEVEL
 ESTABLISHED PURSUANT TO THIS SECTION:
   A. THE COVERED PUBLIC WATER SYSTEM SHALL NOTIFY THE DEPARTMENT  WITHIN
 TWENTY-FOUR HOURS;
   B.  THE  COVERED  PUBLIC  WATER SYSTEM SHALL NOTIFY ALL OWNERS OF REAL
 PROPERTY SERVED BY THE COVERED PUBLIC WATER SYSTEM IN A TIME AND  MANNER
 TO  BE  PRESCRIBED  BY  THE  DEPARTMENT, PROVIDED THAT IN NO EVENT SHALL
 NOTIFICATION OCCUR MORE THAN NINETY DAYS AFTER THE PRESENCE OF AN EMERG-
 ING CONTAMINANT AT CONCENTRATIONS  AT  OR  ABOVE  A  NOTIFICATION  LEVEL
 ESTABLISHED PURSUANT TO THIS SECTION IS CONFIRMED;
   C.  THE  COMMISSIONER MAY DIRECTLY NOTIFY SUCH OWNERS OF REAL PROPERTY
 IF IT IS DETERMINED THAT THE PUBLIC'S INTEREST WOULD BE BEST  SERVED  BY
 SUCH  NOTIFICATION,  OR  IF THE COMMISSIONER DETERMINES THAT THE COVERED
 PUBLIC WATER SYSTEM IS NOT ACTING, OR CANNOT ACT IN A TIMELY MANNER;
   D. THE COMMISSIONER MAY REQUIRE THAT THE COVERED PUBLIC  WATER  SYSTEM
 TAKE  SUCH  ACTIONS AS MAY BE APPROPRIATE TO REDUCE EXPOSURE TO EMERGING
 CONTAMINANTS. IF THE COMMISSIONER DETERMINES THAT THE  CONCENTRATION  OF
 THE  EMERGING  CONTAMINANT  CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO
 PUBLIC HEALTH, BASED ON THE BEST AVAILABLE SCIENTIFIC  INFORMATION,  THE
 COMMISSIONER  SHALL  CONSULT  WITH THE COMMISSIONER OF THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION REGARDING ANY  FURTHER  ACTION  THAT  MAY  BE
 APPROPRIATE,  INCLUDING  BUT  NOT  LIMITED  TO ACTIONS PURSUANT TO TITLE
 TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW.
   9. THE COMMISSIONER SHALL WORK IN CONSULTATION WITH  THE  COMMISSIONER
 OF  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO DEVELOP EDUCATIONAL

 S. 2007--B                         101                        A. 3007--B
 
 MATERIALS, AND MAY TAKE INTO CONSIDERATION RECOMMENDATIONS OF THE DRINK-
 ING WATER QUALITY COUNCIL ESTABLISHED PURSUANT TO SECTION ELEVEN HUNDRED
 THIRTEEN OF THIS TITLE. SUCH EDUCATIONAL MATERIALS SHALL BE MADE  AVAIL-
 ABLE TO THE COVERED PUBLIC WATER SYSTEM AND THE GENERAL PUBLIC, RELATING
 TO  METHODOLOGIES  FOR  REDUCING  EXPOSURE  TO EMERGING CONTAMINANTS AND
 POTENTIAL ACTIONS THAT MAY BE TAKEN TO MITIGATE  OR  REMEDIATE  EMERGING
 CONTAMINANTS.  THE  COMMISSIONER  SHALL  ALSO PROVIDE THE COVERED PUBLIC
 WATER SYSTEM WITH INFORMATION  RELATING  TO  POTENTIAL  FUNDING  SOURCES
 PROVIDED  BY THE STATE AND FEDERAL GOVERNMENT FOR MITIGATION OR REMEDIAL
 ACTIVITIES, AND TO REDUCE THE EXPOSURE TO EMERGING CONTAMINANTS.
   10. ANY OWNER OF REAL PROPERTY, INCLUDING ANY OWNER'S AGENT, TO WHOM A
 COVERED PUBLIC WATER SYSTEM HAS PROVIDED NOTIFICATION OF THE  EXCEEDANCE
 OF  A NOTIFICATION LEVEL ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS
 SECTION, SHALL TAKE ALL REASONABLE AND NECESSARY STEPS TO PROVIDE, WITH-
 IN TEN DAYS, ANY TENANTS WITH COPIES OF THE NOTIFICATION PROVIDED BY THE
 COVERED PUBLIC WATER SYSTEM.
   11. THE COMMISSIONER MAY PROMULGATE REGULATIONS PURSUANT TO WHICH  THE
 DEPARTMENT  MAY  PROVIDE  FINANCIAL  ASSISTANCE  FOR COMPLIANCE WITH THE
 TESTING REQUIREMENTS OF THIS SECTION, TO ANY COVERED PUBLIC WATER SYSTEM
 UPON A SHOWING THAT THE COSTS ASSOCIATED WITH TESTING DRINKING WATER  IN
 COMPLIANCE  WITH  THIS  SECTION WOULD IMPOSE A FINANCIAL HARDSHIP.  SUCH
 REGULATIONS SHALL, WHEN PRIORITIZING PUBLIC WATER SYSTEMS FOR  ELIGIBIL-
 ITY  FOR  FINANCIAL ASSISTANCE, INCORPORATE PROVISIONS THAT GIVE PREFER-
 ENCE TO PUBLIC WATER SYSTEMS SERVING LESS THAN TEN THOUSAND INDIVIDUALS.
   12. THE COMMISSIONER SHALL PERIODICALLY REVIEW  SUBSTANCES  THAT  HAVE
 BEEN  IDENTIFIED  AS  EMERGING CONTAMINANTS PURSUANT TO THIS SECTION AND
 DETERMINE IF THE DEPARTMENT SHOULD ESTABLISH A MAXIMUM CONTAMINANT LEVEL
 FOR THE SUBSTANCE. SUCH REVIEW SHALL OCCUR, AT  A  MINIMUM,  ONCE  EVERY
 THREE YEARS.
   §  2.  Section 502 of the public health law is amended by adding a new
 subdivision 10 to read as follows:
   10. THE DEPARTMENT MAY REQUIRE AN ENVIRONMENTAL LABORATORY  TO  REPORT
 LABORATORY  TEST  RESULTS  TO  THE  DEPARTMENT,  OR  TO ANY OTHER HEALTH
 DEPARTMENT IN AN ELECTRONIC MANNER PRESCRIBED BY THE DEPARTMENT.
   § 3. This act shall take effect immediately.
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
   Section 1. Section 48-a of part A of chapter 56 of the  laws  of  2013
 amending  chapter  59 of the laws of 2011 amending the public health law
 and other laws relating to general  hospital  reimbursement  for  annual
 rates  relating to the cap on local Medicaid expenditures, as amended by
 section 29 of part B of chapter 59 of the laws of 2016,  is  amended  to
 read as follows:
   §  48-a. 1. Notwithstanding any contrary provision of law, the commis-
 sioners of the office of alcoholism and substance abuse services and the
 office of mental health are authorized, subject to the approval  of  the
 director  of the budget, to transfer to the commissioner of health state

 S. 2007--B                         102                        A. 3007--B
 
 funds to be utilized as the state share for the  purpose  of  increasing
 payments  under  the  medicaid  program  to  managed  care organizations
 licensed under article 44 of the public health law or under  article  43
 of the insurance law. Such managed care organizations shall utilize such
 funds  for  the  purpose  of  reimbursing providers licensed pursuant to
 article 28 of the public health law or article 31 or 32  of  the  mental
 hygiene  law for ambulatory behavioral health services, as determined by
 the commissioner of health, in consultation  with  the  commissioner  of
 alcoholism  and  substance  abuse  services  and the commissioner of the
 office of mental health, provided to medicaid [eligible] ENROLLED outpa-
 tients AND FOR ALL OTHER BEHAVIORAL  HEALTH  SERVICES  EXCEPT  INPATIENT
 INCLUDED  IN  NEW  YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE
 CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS).    Such  reimbursement
 shall  be  in the form of fees for such services which are equivalent to
 the payments established for such services under the ambulatory  patient
 group  (APG)  rate-setting  methodology as utilized by the department of
 health, the office of alcoholism and substance abuse  services,  or  the
 office of mental health for rate-setting purposes OR ANY SUCH OTHER FEES
 PURSUANT  TO THE MEDICAID STATE PLAN OR OTHERWISE APPROVED BY CMS IN THE
 MEDICAID REDESIGN WAIVER; provided, however, that the increase  to  such
 fees that shall result from the provisions of this section shall not, in
 the  aggregate  and  as  determined  by  the  commissioner of health, in
 consultation with the commissioner of  alcoholism  and  substance  abuse
 services and the commissioner of the office of mental health, be greater
 than  the  increased funds made available pursuant to this section.  The
 increase of such ambulatory behavioral health fees to  providers  avail-
 able  under  this section shall be for all rate periods on and after the
 effective date of section [1] 29 of part [C] B of chapter [57] 59 of the
 laws of [2015] 2016 through March 31, [2018] 2020 for  patients  in  the
 city  of  New York, for all rate periods on and after the effective date
 of section [1] 29 of part [C] B of chapter [57] 59 of the laws of [2015]
 2016 through [June 30, 2018] MARCH 31, 2020  for  patients  outside  the
 city  of  New  York, and for all rate periods on and after the effective
 date of such chapter through [June 30, 2018]  MARCH  31,  2020  for  all
 services  provided  to  persons  under  the age of twenty-one; provided,
 however, [eligible providers may work with managed care plans to achieve
 quality and efficiency objectives and  engage  in  shared  savings]  THE
 COMMISSIONER  OF  HEALTH, IN CONSULTATION WITH THE COMMISSIONER OF ALCO-
 HOLISM AND SUBSTANCE ABUSE  SERVICES  AND  THE  COMMISSIONER  OF  MENTAL
 HEALTH,  MAY  REQUIRE,  AS  A  CONDITION  OF APPROVAL OF SUCH AMBULATORY
 BEHAVIORAL HEALTH FEES, THAT  AGGREGATE  MANAGED  CARE  EXPENDITURES  TO
 ELIGIBLE PROVIDERS MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS
 AS  SET FORTH IN ATTACHMENT I OF THE NEW YORK STATE MEDICAID SECTION ONE
 THOUSAND ONE HUNDRED FIFTEEN MEDICAID REDESIGN TEAM WAIVER  AS  APPROVED
 BY  THE  CENTERS FOR MEDICARE AND MEDICAID SERVICES. THE COMMISSIONER OF
 HEALTH SHALL, IN CONSULTATION WITH THE COMMISSIONER  OF  ALCOHOLISM  AND
 SUBSTANCE  ABUSE  SERVICES  AND THE COMMISSIONER OF MENTAL HEALTH, WAIVE
 SUCH CONDITIONS IF A SUFFICIENT NUMBER OF PROVIDERS,  AS  DETERMINED  BY
 THE  COMMISSIONER,  SUFFER A FINANCIAL HARDSHIP AS A CONSEQUENCE OF SUCH
 ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS, OR  IF  HE  OR  SHE  SHALL
 DETERMINE  THAT  SUCH  ALTERNATIVE  PAYMENT  METHODOLOGIES SIGNIFICANTLY
 THREATEN INDIVIDUALS ACCESS TO AMBULATORY  BEHAVIORAL  HEALTH  SERVICES.
 SUCH  WAIVER  MAY  BE  APPLIED  ON  A PROVIDER SPECIFIC OR INDUSTRY WIDE
 BASIS. FURTHER, SUCH CONDITIONS  MAY  BE  WAIVED,  AS  THE  COMMISSIONER
 DETERMINES  NECESSARY,  TO  COMPLY  WITH  FEDERAL  RULES  OR REGULATIONS
 GOVERNING THESE PAYMENT METHODOLOGIES.   Nothing in this  section  shall

 S. 2007--B                         103                        A. 3007--B
 
 prohibit  managed  care  organizations  and  providers  from negotiating
 different rates and methods of payment  during  such  periods  described
 above,  subject to the approval of the department of health. The depart-
 ment of health shall consult with the office of alcoholism and substance
 abuse  services  and  the office of mental health in determining whether
 such alternative rates shall be approved.  The  commissioner  of  health
 may,  in  consultation with the commissioner of alcoholism and substance
 abuse services and the commissioner of  the  office  of  mental  health,
 promulgate  regulations,  including  emergency  regulations  promulgated
 prior to October 1, 2015 to establish rates  for  ambulatory  behavioral
 health  services,  as  are necessary to implement the provisions of this
 section. Rates promulgated under this section shall be included  in  the
 report required under section 45-c of part A of this chapter.
   2.  Notwithstanding  any  contrary  provision of law, the fees paid by
 managed care organizations licensed  under  article  44  of  the  public
 health  law  or  under  article  43  of  the insurance law, to providers
 licensed pursuant to article 28 of the public health law or  article  31
 or  32  of  the  mental  hygiene  law,  for ambulatory behavioral health
 services provided to patients enrolled in  the  child  health  insurance
 program  pursuant to title one-A of article 25 of the public health law,
 shall be in the form of fees for such services which are  equivalent  to
 the  payments established for such services under the ambulatory patient
 group (APG) rate-setting methodology OR ANY SUCH OTHER FEES  ESTABLISHED
 PURSUANT  TO  THE  MEDICAID STATE PLAN. The commissioner of health shall
 consult with the commissioner of alcoholism and substance abuse services
 and the commissioner of the office of mental health in determining  such
 services  and  establishing such fees. Such ambulatory behavioral health
 fees to providers available under this section shall  be  for  all  rate
 periods  on  and  after the effective date of this chapter through [June
 30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
 tions and providers may negotiate different rates and methods of payment
 during such periods described above, subject  to  the  approval  of  the
 department  of health.   The department of health shall consult with the
 office of alcoholism and substance abuse  services  and  the  office  of
 mental  health  in  determining  whether such alternative rates shall be
 approved.  The report required under section 16-a of part C  of  chapter
 60  of  the  laws  of 2014 shall also include the population of patients
 enrolled in the child health insurance program pursuant to  title  one-A
 of article 25 of the public health law in its examination on the transi-
 tion of behavioral health services into managed care.
   §  2.  Section 1 of part H of chapter 111 of the laws of 2010 relating
 to increasing Medicaid payments to providers through managed care organ-
 izations and providing equivalent fees  through  an  ambulatory  patient
 group  methodology,  as amended by section 30 of part B of chapter 59 of
 the laws of 2016, is amended to read as follows:
   Section 1. a.   Notwithstanding any contrary  provision  of  law,  the
 commissioners  of  mental  health  and  alcoholism  and  substance abuse
 services are authorized, subject to the approval of the director of  the
 budget,  to  transfer  to  the  commissioner of health state funds to be
 utilized as the state share for the purpose of increasing payments under
 the medicaid program to managed care organizations licensed under  arti-
 cle  44  of  the  public health law or under article 43 of the insurance
 law. Such managed care organizations shall utilize such  funds  for  the
 purpose  of reimbursing providers licensed pursuant to article 28 of the
 public health law, or pursuant to article 31 or article 32 of the mental
 hygiene law for ambulatory behavioral health services, as determined  by

 S. 2007--B                         104                        A. 3007--B
 
 the  commissioner  of  health  in  consultation with the commissioner of
 mental  health  and  commissioner  of  alcoholism  and  substance  abuse
 services,  provided  to medicaid [eligible] ENROLLED outpatients AND FOR
 ALL  OTHER  BEHAVIORAL  HEALTH SERVICES EXCEPT INPATIENT INCLUDED IN NEW
 YORK STATE'S MEDICAID REDESIGN WAIVER APPROVED BY THE CENTERS FOR  MEDI-
 CARE  AND  MEDICAID SERVICES (CMS).   Such reimbursement shall be in the
 form of fees for such services which  are  equivalent  to  the  payments
 established  for  such services under the ambulatory patient group (APG)
 rate-setting methodology as utilized by the department of health  or  by
 the  office of mental health or office of alcoholism and substance abuse
 services for rate-setting purposes OR ANY SUCH OTHER  FEES  PURSUANT  TO
 THE  MEDICAID  STATE  PLAN  OR OTHERWISE APPROVED BY CMS IN THE MEDICAID
 REDESIGN WAIVER; provided, however, that the increase to such fees  that
 shall  result  from  the  provisions  of  this section shall not, in the
 aggregate and as determined by the commissioner of health  in  consulta-
 tion  with  the  commissioners  of  mental  health  and  alcoholism  and
 substance abuse services, be  greater  than  the  increased  funds  made
 available  pursuant  to  this  section.  The increase of such behavioral
 health fees to providers available under this section shall be  for  all
 rate  periods  on and after the effective date of section [2] 30 of part
 [C] B of chapter [57] 59 of the laws of [2015] 2016  through  March  31,
 [2018]  2020  for patients in the city of New York, for all rate periods
 on and after the effective date of section [2] 30 of part [C] B of chap-
 ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
 2020 for patients outside the city of New York, and for all rate periods
 on and after the effective date of section [2] 30 of part [C] B of chap-
 ter [57] 59 of the laws of [2015] 2016 through [June 30, 2018] MARCH 31,
 2020 for all services provided to persons under the age  of  twenty-one;
 provided,  however, [eligible providers may work with managed care plans
 to achieve quality  and  efficiency  objectives  and  engage  in  shared
 savings]  THE  COMMISSIONER  OF HEALTH, IN CONSULTATION WITH THE COMMIS-
 SIONER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND  THE  COMMISSIONER
 OF  MENTAL HEALTH, MAY REQUIRE, AS A CONDITION OF APPROVAL OF SUCH AMBU-
 LATORY BEHAVIORAL HEALTH FEES, THAT AGGREGATE MANAGED CARE  EXPENDITURES
 TO  ELIGIBLE PROVIDERS MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIRE-
 MENTS AS SET FORTH IN ATTACHMENT  I  OF  THE  NEW  YORK  STATE  MEDICAID
 SECTION  ONE  THOUSAND ONE HUNDRED FIFTEEN MEDICAID REDESIGN TEAM WAIVER
 AS APPROVED BY THE CENTERS  FOR  MEDICARE  AND  MEDICAID  SERVICES.  THE
 COMMISSIONER  OF  HEALTH SHALL, IN CONSULTATION WITH THE COMMISSIONER OF
 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE COMMISSIONER  OF  MENTAL
 HEALTH,  WAIVE  SUCH  CONDITIONS IF A SUFFICIENT NUMBER OF PROVIDERS, AS
 DETERMINED BY THE COMMISSIONER, SUFFER A FINANCIAL HARDSHIP AS A  CONSE-
 QUENCE OF SUCH ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS, OR IF HE OR
 SHE  SHALL DETERMINE THAT SUCH ALTERNATIVE PAYMENT METHODOLOGIES SIGNIF-
 ICANTLY THREATEN INDIVIDUALS  ACCESS  TO  AMBULATORY  BEHAVIORAL  HEALTH
 SERVICES.  SUCH WAIVER MAY BE APPLIED ON A PROVIDER SPECIFIC OR INDUSTRY
 WIDE  BASIS. FURTHER, SUCH CONDITIONS MAY BE WAIVED, AS THE COMMISSIONER
 DETERMINES NECESSARY,  TO  COMPLY  WITH  FEDERAL  RULES  OR  REGULATIONS
 GOVERNING  THESE  PAYMENT METHODOLOGIES.   Nothing in this section shall
 prohibit managed  care  organizations  and  providers  from  negotiating
 different  rates  and  methods of payment during such periods described,
 subject to the approval of the department of health. The  department  of
 health  shall  consult with the office of alcoholism and substance abuse
 services and the office of mental health  in  determining  whether  such
 alternative  rates shall be approved. The commissioner of health may, in
 consultation with the commissioners of mental health and alcoholism  and

 S. 2007--B                         105                        A. 3007--B
 
 substance  abuse  services,  promulgate regulations, including emergency
 regulations promulgated prior to October 1, 2013  that  establish  rates
 for  behavioral  health  services,  as  are  necessary  to implement the
 provisions  of  this section. Rates promulgated under this section shall
 be included in the report required under section 45-c of part A of chap-
 ter 56 of the laws of 2013.
   b. Notwithstanding any contrary provision of law,  the  fees  paid  by
 managed  care  organizations  licensed  under  article  44 of the public
 health law or under article  43  of  the  insurance  law,  to  providers
 licensed  pursuant  to article 28 of the public health law or article 31
 or 32 of the  mental  hygiene  law,  for  ambulatory  behavioral  health
 services  provided  to  patients  enrolled in the child health insurance
 program pursuant to title one-A of article 25 of the public health  law,
 shall  be  in the form of fees for such services which are equivalent to
 the payments established for such services under the ambulatory  patient
 group  (APG)  rate-setting methodology. The commissioner of health shall
 consult with the commissioner of alcoholism and substance abuse services
 and the commissioner of the office of mental health in determining  such
 services  and  establishing such fees. Such ambulatory behavioral health
 fees to providers available under this section shall  be  for  all  rate
 periods  on  and  after the effective date of this chapter through [June
 30, 2018] MARCH 31, 2020, provided, however, that managed care organiza-
 tions and providers may negotiate different rates and methods of payment
 during such periods described above, subject  to  the  approval  of  the
 department  of  health.  The department of health shall consult with the
 office of alcoholism and substance abuse  services  and  the  office  of
 mental  health  in  determining  whether such alternative rates shall be
 approved.  The report required under section 16-a of part C  of  chapter
 60  of  the  laws  of 2014 shall also include the population of patients
 enrolled in the child health insurance program pursuant to  title  one-A
 of article 25 of the public health law in its examination on the transi-
 tion of behavioral health services into managed care.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that the amendments to section 48-a of part A of chapter 56  of
 the  laws  of  2013 made by section one of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith;  provided
 further,  that  the  amendments to section 1 of part H of chapter 111 of
 the laws of 2010 made by section two of this act shall  not  affect  the
 expiration of such section and shall be deemed to expire therewith.
 
                                  PART Q
 
   Section  1. Subdivisions 3-b and 3-c of section 1 of part C of chapter
 57 of the laws of 2006,  relating  to  establishing  a  cost  of  living
 adjustment for designated human services programs, as amended by section
 1  of  part  I of chapter 60 of the laws of 2014, are amended to read as
 follows:
   3-b. Notwithstanding any  inconsistent  provision  of  law,  beginning
 April  1, 2009 and ending March 31, 2016 AND BEGINNING APRIL 1, 2017 AND
 ENDING MARCH 31, 2018, the commissioners shall not include  a  COLA  for
 the  purpose  of  establishing rates of payments, contracts or any other
 form of reimbursement, PROVIDED THAT THE COMMISSIONERS OF THE OFFICE FOR
 PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF MENTAL HEALTH, AND
 THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL NOT  INCLUDE
 A COLA BEGINNING APRIL 1, 2017 AND ENDING MARCH 31, 2019.

 S. 2007--B                         106                        A. 3007--B
 
   3-c.  Notwithstanding  any  inconsistent  provision  of law, beginning
 April 1, [2016] 2018 and ending March 31, [2019] 2021, the commissioners
 shall develop the COLA under this section using the actual U.S. consumer
 price index for all urban consumers  (CPI-U)  published  by  the  United
 States  department  of  labor, bureau of labor statistics for the twelve
 month period ending in July of the  budget  year  prior  to  such  state
 fiscal  year,  for  the  purpose  of  establishing  rates  of  payments,
 contracts or any other form of reimbursement.
   § 2. Section 1 of part C of chapter 57 of the laws of  2006,  relating
 to establishing a cost of living adjustment for designated human service
 programs, is amended by adding a new subdivision 3-e to read as follows:
   3-E.  (I)  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION 3-B OF THIS
 SECTION OR ANY OTHER INCONSISTENT PROVISION OF LAW, AND SUBJECT  TO  THE
 AVAILABILITY  OF  THE APPROPRIATION THEREFOR, FOR THE PROGRAMS LISTED IN
 PARAGRAPHS (I), (II), AND (III) OF SUBDIVISION 4 OF  THIS  SECTION,  THE
 COMMISSIONERS  SHALL  PROVIDE  FUNDING TO SUPPORT (1) AN OVERALL AVERAGE
 THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE  TO  TOTAL  SALARIES  FOR
 DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS FOR EACH ELIGIBLE STATE-
 FUNDED  PROGRAM  BEGINNING  JANUARY  1, 2018; AND (2) AN OVERALL AVERAGE
 THREE AND ONE-QUARTER PERCENT (3.25%) INCREASE  TO  TOTAL  SALARIES  FOR
 DIRECT  CARE  STAFF AND DIRECT SUPPORT PROFESSIONALS, AND CLINICAL STAFF
 FOR EACH ELIGIBLE STATE-FUNDED PROGRAM BEGINNING APRIL 1, 2018.  FOR THE
 PURPOSE OF THIS FUNDING INCREASE, DIRECT SUPPORT PROFESSIONALS ARE INDI-
 VIDUALS EMPLOYED IN CONSOLIDATED FISCAL REPORTING POSITION  TITLE  CODES
 RANGING  FROM  100 TO 199; DIRECT CARE STAFF ARE INDIVIDUALS EMPLOYED IN
 CONSOLIDATED FISCAL REPORTING POSITION TITLE CODES RANGING FROM  200  TO
 299;  AND CLINICAL STAFF ARE INDIVIDUALS EMPLOYED IN CONSOLIDATED FISCAL
 REPORTING POSITION TITLE CODES RANGING FROM 300 TO 399.
   (II) THE FUNDING MADE AVAILABLE PURSUANT  TO  PARAGRAPH  (I)  OF  THIS
 SUBDIVISION  SHALL  BE  USED:  (1) TO HELP ALLEVIATE THE RECRUITMENT AND
 RETENTION CHALLENGES OF DIRECT CARE STAFF, DIRECT SUPPORT  PROFESSIONALS
 AND  CLINICAL  STAFF  EMPLOYED IN ELIGIBLE PROGRAMS; AND (2) TO CONTINUE
 AND TO EXPAND EFFORTS TO SUPPORT THE PROFESSIONALISM OF THE DIRECT  CARE
 WORKFORCE.  EACH  LOCAL  GOVERNMENT  UNIT  OR  DIRECT  CONTRACT PROVIDER
 RECEIVING SUCH FUNDING SHALL HAVE FLEXIBILITY IN ALLOCATING SUCH FUNDING
 TO SUPPORT SALARY INCREASES TO PARTICULAR JOB TITLES TO BEST ADDRESS THE
 NEEDS OF ITS DIRECT CARE STAFF, DIRECT SUPPORT PROFESSIONALS  AND  CLIN-
 ICAL  STAFF.  EACH  LOCAL  GOVERNMENT  UNIT  OR DIRECT CONTRACT PROVIDER
 RECEIVING SUCH FUNDING SHALL ALSO SUBMIT  A  WRITTEN  CERTIFICATION,  IN
 SUCH FORM AND AT SUCH TIME AS EACH COMMISSIONER SHALL PRESCRIBE, ATTEST-
 ING  TO HOW SUCH FUNDING WILL BE OR WAS USED FOR PURPOSES ELIGIBLE UNDER
 THIS SECTION. FURTHER, PROVIDERS SHALL SUBMIT A  RESOLUTION  FROM  THEIR
 GOVERNING BODY TO THE APPROPRIATE COMMISSIONER, ATTESTING THAT THE FUND-
 ING  RECEIVED  WILL  BE USED SOLELY TO SUPPORT SALARY AND SALARY-RELATED
 FRINGE BENEFIT INCREASES FOR DIRECT CARE STAFF, DIRECT  SUPPORT  PROFES-
 SIONALS  AND  CLINICAL STAFF, PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVI-
 SION. SALARY INCREASES THAT TAKE EFFECT ON AND AFTER APRIL 1,  2017  MAY
 BE  USED  TO  DEMONSTRATE  COMPLIANCE  WITH  THE JANUARY 1, 2018 FUNDING
 INCREASE AUTHORIZED BY THIS SECTION, EXCEPT FOR SALARY INCREASES  NECES-
 SARY  TO COMPLY WITH STATE MINIMUM WAGE REQUIREMENTS. SUCH COMMISSIONERS
 SHALL BE AUTHORIZED TO RECOUP ANY FUNDS AS  APPROPRIATED  HEREIN  DETER-
 MINED  TO HAVE BEEN USED IN A MANNER INCONSISTENT WITH SUCH STANDARDS OR
 INCONSISTENT WITH THE PROVISIONS OF THIS SUBDIVISION, AND  SUCH  COMMIS-
 SIONERS SHALL BE AUTHORIZED TO EMPLOY ANY LEGAL MECHANISM TO RECOUP SUCH
 FUNDS,  INCLUDING  AN  OFFSET OF OTHER FUNDS THAT ARE OWED TO SUCH LOCAL
 GOVERNMENTAL UNIT OR PROVIDER.

 S. 2007--B                         107                        A. 3007--B
 
   (III) WHERE APPROPRIATE, TRANSFERS TO THE DEPARTMENT OF  HEALTH  SHALL
 BE MADE AS REIMBURSEMENT FOR THE STATE SHARE OF MEDICAL ASSISTANCE.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2017; provided,
 however, that the amendments to section 1 of part C of chapter 57 of the
 laws of 2006 made by sections one and two of this act shall  not  affect
 the repeal of such section and shall be deemed repealed therewith.
 
                                  PART R
 
   Section  1.  The  public health law is amended by adding a new section
 1113 to read as follows:
   § 1113. DRINKING WATER QUALITY COUNCIL; ESTABLISHED. 1. THERE SHALL BE
 ESTABLISHED, WITHIN THE DEPARTMENT, THE DRINKING WATER QUALITY  COUNCIL.
 SUCH COUNCIL SHALL BE COMPOSED OF TWELVE MEMBERS AS FOLLOWS:
   (A) THE COMMISSIONER, OR THE COMMISSIONER'S DESIGNEE, WHO SHALL BE THE
 CHAIR OF THE COUNCIL;
   (B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR DESIGNEE;
   (C)  A DESIGNEE OF THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION WITH
 EXPERTISE IN WATER RESOURCES;
   (D) A DESIGNEE OF THE COMMISSIONER WITH EXPERTISE IN  DRINKING  WATER;
 AND
   (E)  EIGHT  MEMBERS  APPOINTED  BY  THE GOVERNOR, TWO OF WHOM SHALL BE
 RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE,  AND  TWO  BY  THE
 SPEAKER OF THE ASSEMBLY.
   2.  (A)  OF  THE  FOUR MEMBERS APPOINTED TO THE DRINKING WATER QUALITY
 COUNCIL AND RECOMMENDED BY THE TEMPORARY PRESIDENT OF THE SENATE AND THE
 SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE  AND  THE
 SPEAKER OF THE ASSEMBLY SHALL EACH RECOMMEND:
   (I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS; AND
   (II)  ONE  MEMBER  REPRESENTING  THE  PUBLIC,  WHO HAS A BACKGROUND OR
 EXPERTISE IN TOXICOLOGY OR HEALTH RISK ASSESSMENT.
   (B) OF THE FOUR ADDITIONAL MEMBERS APPOINTED  TO  THE  DRINKING  WATER
 QUALITY COUNCIL, THE GOVERNOR SHALL APPOINT:
   (I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS;
   (II)  ONE  MEMBER  WHO  HAS A BACKGROUND OR EXPERTISE IN TOXICOLOGY OR
 HEALTH RISK ASSESSMENT;
   (III) ONE MEMBER WHO HAS A BACKGROUND OR  EXPERTISE  IN  MICROBIOLOGY;
 AND
   (IV)  ONE  MEMBER  WHO  HAS A BACKGROUND OR EXPERTISE IN ENVIRONMENTAL
 ENGINEERING.
   (C) THE MEMBERS OF SUCH COUNCIL APPOINTED PURSUANT TO PARAGRAPH (E) OF
 SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF TWO YEARS.
   (D) THE MEMBERS APPOINTED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION ONE
 OF THIS SECTION SHALL EACH SERVE HIS OR HER TERM OF OFFICE OR UNTIL  HIS
 OR HER SUCCESSOR IS APPOINTED; PROVIDED THAT ANY VACANCY IN THE POSITION
 OF  AN  APPOINTED  MEMBER  SHALL  BE  FILLED  IN  THE SAME MANNER AS THE
 ORIGINAL APPOINTMENT AND ONLY FOR THE UNEXPIRED TERM OF THE VACANCY.
   3. THE MEMBERS OF THE DRINKING WATER QUALITY COUNCIL SHALL RECEIVE  NO
 COMPENSATION  FOR  THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND
 NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES  PURSUANT
 TO THIS TITLE.
   4.  THE  DRINKING  WATER  QUALITY COUNCIL SHALL MEET AT SUCH TIMES AND
 PLACES AS MAY BE DETERMINED BY ITS CHAIR. THE COUNCIL SHALL  MEET  AT  A
 MINIMUM  OF TWO TIMES PER YEAR. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC
 PURSUANT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW. A MAJORITY OF  THE

 S. 2007--B                         108                        A. 3007--B
 
 MEMBERS OF SUCH COUNCIL SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF
 BUSINESS.  ACTION  MAY BE TAKEN, AND MOTIONS AND RESOLUTIONS ADOPTED, AT
 ANY MEETING BY THE AFFIRMATIVE VOTE OF A MAJORITY OF THE FULL MEMBERSHIP
 OF THE COUNCIL.
   5.  THE  COUNCIL SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING
 TO:
   (A) THOSE CONTAMINANTS, WHICH THE  DEPARTMENT  MAY  LIST  AS  EMERGING
 CONTAMINANTS PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS
 TITLE.
   (I)  IN  DETERMINING  WHAT SUBSTANCES SHALL BE RECOMMENDED AS EMERGING
 CONTAMINANTS THE COUNCIL SHALL, AT A MINIMUM, CONSIDER:
   A. UNREGULATED CONTAMINANTS MONITORED PURSUANT  TO  THE  FEDERAL  SAFE
 DRINKING WATER ACT (42 USC § 300G-1) AS AMENDED FROM TIME TO TIME;
   B.  SUBSTANCES  THAT  REQUIRE REGULATION OR MONITORING WHEN PRESENT IN
 DRINKING WATER IN OTHER JURISDICTIONS OUTSIDE THE STATE OF NEW YORK;
   C. PESTICIDE CHEMICALS  FOR  WHICH  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION AGENCY HAS SET HUMAN HEALTH BENCHMARKS FOR DRINKING WATER;
   D.  SUBSTANCES  FOUND AT SITES IN REMEDIAL PROGRAMS LOCATED INSIDE AND
 OUTSIDE THE STATE OF NEW YORK, INCLUDING BUT  NOT  LIMITED  TO  INACTIVE
 HAZARDOUS WASTE SITES; AND
   E. WATERBORNE PATHOGENS AND MICROBIOLOGICAL CONTAMINANTS.
   (II)  THE COUNCIL SHALL RECOMMEND A NOTIFICATION LEVEL FOR EACH RECOM-
 MENDED EMERGING CONTAMINANT.
   (III) THE COUNCIL SHALL RECOMMEND TIMEFRAMES AND FREQUENCIES IN  WHICH
 TESTING  SHOULD  BE  REQUIRED FOR THE RECOMMENDED EMERGING CONTAMINANTS,
 ALLOWING FOR VARIATION BASED ON CIRCUMSTANCES  SUCH  AS  THE  SOURCE  OF
 WATER, THE REGION AND SIZE OF THE WATER SYSTEM.
   (IV)  THE  COUNCIL SHALL PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF
 RECOMMENDED EMERGING CONTAMINANTS AND CORRESPONDING NOTIFICATION  LEVELS
 FOR  WHICH  TESTING  SHALL  BE  REQUIRED NO LATER THAN ONE YEAR FROM THE
 INITIAL MEETING OF THE COUNCIL, AND THE COUNCIL SHALL  UPDATE  THE  LIST
 AND RECOMMEND NOTIFICATION LEVELS ANNUALLY THEREAFTER;
   (B)  A REVIEW OF SUBSTANCES IDENTIFIED AS EMERGING CONTAMINANTS PURSU-
 ANT TO SECTION ONE THOUSAND ONE HUNDRED  TWELVE  OF  THIS  TITLE.  WHERE
 APPROPRIATE  THE  COUNCIL  SHALL  RECOMMEND EITHER A MAXIMUM CONTAMINANT
 LEVEL (MCL), OR THE REMOVAL OF THE SUBSTANCE FROM THE LIST  OF  EMERGING
 CONTAMINANTS,  ON  THE  BASIS  OF  AVAILABLE SCIENTIFIC EVIDENCE AND ANY
 OTHER RELEVANT FACTORS;
   (C) THE FORM AND CONTENT OF PUBLIC NOTIFICATIONS  ISSUED  PURSUANT  TO
 SECTION ONE THOUSAND ONE HUNDRED TWELVE OF THIS TITLE;
   (D)  WORKING  WITH  OTHER STATE AGENCIES AND THE FEDERAL GOVERNMENT TO
 ENSURE FUNDS ARE AVAILABLE AND ACCESSIBLE, PARTIES KNOWN TO BE RESPONSI-
 BLE FOR CONTAMINATION ARE  PURSUED,  AND  MITIGATION,  REMEDIATION,  AND
 CLEANUP PROJECTS OCCUR IN A TIMELY MANNER;
   (E)  THE  DEVELOPMENT  OF EDUCATIONAL MATERIALS REGARDING PRIVATE WELL
 WATER TESTING;
   (F) THE APPROPRIATE USE OF, AND  METHODS  AND  MANNER  OF  CONDUCTING,
 BIOMONITORING AND BIOMONITORING STUDIES;
   (G)  THE  INCLUSION  OF INFORMATION ON THE ONLINE TRACKING AND MAPPING
 SYSTEM ESTABLISHED IN SECTION 3-0315 OF THE  ENVIRONMENTAL  CONSERVATION
 LAW; AND
   (H)  ANYTHING  ELSE  THE DEPARTMENT OR THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION DESIGNATES.
   6. THE DRINKING WATER QUALITY COUNCIL SHALL BE ENTITLED TO REQUEST AND
 RECEIVE INFORMATION FROM ANY STATE, MUNICIPAL DEPARTMENT, BOARD, COMMIS-
 SION OR AGENCY THAT MAY BE REQUIRED OR  ARE  DEEMED  NECESSARY  FOR  THE

 S. 2007--B                         109                        A. 3007--B

 PURPOSES  OF SUCH COUNCIL, INCLUDING BUT NOT LIMITED TO ALL WATER INFOR-
 MATION AND ANNUAL REPORTS THE DEPARTMENT HAS RELATING TO BOTH PUBLIC AND
 PRIVATE WATER SUPPLIES.
   7.  BEFORE  THE COUNCIL ADVANCES ANY RECOMMENDATION TO THE DEPARTMENT,
 THE COUNCIL SHALL PROVIDE AN  OPPORTUNITY  FOR  PUBLIC  AND  STAKEHOLDER
 COMMENTS.  FINAL  RECOMMENDATIONS  OF THE COUNCIL SHALL BE POSTED ON THE
 DEPARTMENT'S WEBSITE WITHIN THIRTY DAYS AFTER THE  COUNCIL  ADOPTS  SUCH
 RECOMMENDATIONS.
   § 2. This act shall take effect immediately.
 
                                  PART S
 
   Section  1. Subdivision 2 of section 365-l of the social services law,
 as added by section 37 of part H of chapter 59 of the laws of  2011,  is
 amended to read as follows:
   2.  In  addition to payments made for health home services pursuant to
 subdivision one of this section, the commissioner is authorized  to  pay
 additional  amounts to providers of health home services that meet proc-
 ess or outcome standards specified by the commissioner. SUCH  ADDITIONAL
 AMOUNTS  MAY  BE PAID WITH STATE FUNDS ONLY IF FEDERAL FINANCIAL PARTIC-
 IPATION FOR SUCH PAYMENTS IS UNAVAILABLE.
   § 2. Section 364-j of the social services law is amended by  adding  a
 new subdivision 33 to read as follows:
   33.  FOR SERVICES UNDER THIS TITLE PROVIDED BY RESIDENTIAL HEALTH CARE
 FACILITIES UNDER ARTICLE TWENTY-EIGHT OF  THE  PUBLIC  HEALTH  LAW,  THE
 COMMISSIONER  SHALL  DIRECT  MANAGED  CARE  ORGANIZATIONS LICENSED UNDER
 ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW, ARTICLE FORTY-THREE OF  THE
 INSURANCE LAW, AND THIS SECTION, TO CONTINUE TO REIMBURSE AT A BENCHMARK
 RATE  WHICH  IS  TO  BE  THE FEE-FOR-SERVICE RATE CALCULATED PURSUANT TO
 SECTION TWENTY-EIGHT HUNDRED EIGHT OF THE PUBLIC HEALTH LAW. THE  BENCH-
 MARK FEE-FOR-SERVICE RATE SHALL CONTINUE TO BE PAID BY SUCH MANAGED CARE
 ORGANIZATIONS FOR ALL SERVICES PROVIDED BY RESIDENTIAL HEALTHCARE FACIL-
 ITIES  FROM THE EFFECTIVE DATE OF THIS SUBDIVISION AT LEAST UNTIL DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY.  THE COMMISSIONER MAY REQUIRE, AS
 A CONDITION OF CONTINUING TO REQUIRE PAYMENT AT SUCH BENCHMARK RATE THAT
 AGGREGATE MANAGED CARE EXPENDITURES TO RESIDENTIAL HEALTH  CARE  FACILI-
 TIES  MEET THE ALTERNATIVE PAYMENT METHODOLOGY REQUIREMENTS SET FORTH IN
 ATTACHMENT I OF THE NEW YORK STATE SECTION 1115 MEDICAID  REDESIGN  TEAM
 WAIVER  AS  APPROVED  BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES.
 THE COMMISSIONER OF HEALTH SHALL WAIVE SUCH REQUIREMENTS IF A SUFFICIENT
 NUMBER OF PROVIDERS, AS DETERMINED BY THE COMMISSIONER, SUFFER A  FINAN-
 CIAL  HARDSHIP  AS A CONSEQUENCE OF SUCH ALTERNATIVE PAYMENT METHODOLOGY
 REQUIREMENTS, OR IF THE COMMISSIONER DETERMINES  THAT  SUCH  ALTERNATIVE
 PAYMENT  METHODOLOGIES  SIGNIFICANTLY  THREATEN  INDIVIDUALS'  ACCESS TO
 RESIDENTIAL HEALTH CARE FACILITY SERVICES; SUCH WAIVER MAY BE APPLIED ON
 A PROVIDER-SPECIFIC OR INDUSTRY-WIDE BASIS. FURTHER,  SUCH  REQUIREMENTS
 MAY  BE WAIVED, AS THE COMMISSIONER DETERMINES NECESSARY, TO COMPLY WITH
 FEDERAL RULES OR REGULATIONS GOVERNING THESE PAYMENT METHODOLOGIES.
   § 3. Subdivision 2 of section 365-a of  the  social  services  law  is
 amended by adding a new paragraph (dd) to read as follows:
   (DD) PASTEURIZED DONOR HUMAN MILK (PDHM), WHICH MAY INCLUDE FORTIFIERS
 AS  MEDICALLY INDICATED, FOR INPATIENT USE, FOR WHICH A LICENSED MEDICAL
 PRACTITIONER HAS ISSUED AN ORDER FOR AN INFANT WHO IS MEDICALLY OR PHYS-
 ICALLY UNABLE TO RECEIVE MATERNAL BREAST MILK OR PARTICIPATE  IN  BREAST
 FEEDING  OR  WHOSE  MOTHER  IS MEDICALLY OR PHYSICALLY UNABLE TO PRODUCE
 MATERNAL BREAST MILK AT ALL OR IN SUFFICIENT QUANTITIES  OR  PARTICIPATE

 S. 2007--B                         110                        A. 3007--B
 
 IN  BREAST FEEDING DESPITE OPTIMAL LACTATION SUPPORT. SUCH INFANT SHALL:
 (I) HAVE A DOCUMENTED BIRTH  WEIGHT  OF  LESS  THAN  ONE  THOUSAND  FIVE
 HUNDRED  GRAMS;  OR  (II)  HAVE  A CONGENITAL OR ACQUIRED CONDITION THAT
 PLACES  THE INFANT AT A HIGH RISK FOR DEVELOPMENT OF NECROTIZING ENTERO-
 COLITIS; OR (III) HAVE A CONGENITAL OR ACQUIRED CONDITION THAT MAY BENE-
 FIT FROM THE USE OF DONOR BREAST MILK AS DETERMINED BY THE  COMMISSIONER
 OF HEALTH OR HIS OR HER DESIGNEE.
   §  4.  Subdivision  2  of  section 365-a of the social services law is
 amended by adding a new paragraph (ee) to read as follows:
   (EE) MEDICAL ASSISTANCE  SHALL  INCLUDE  THE  COVERAGE  OF  A  SET  OF
 SERVICES  TO ENSURE IMPROVED OUTCOMES OF WOMEN WHO ARE IN THE PROCESS OF
 OVULATION ENHANCING DRUGS, LIMITED TO THE PROVISION OF  SUCH  TREATMENT,
 OFFICE  VISITS,  HYSTEROSALPINGOGRAM  SERVICES,  PELVIC ULTRASOUNDS, AND
 BLOOD TESTING; SERVICES SHALL BE LIMITED TO THOSE NECESSARY  TO  MONITOR
 SUCH  TREATMENT.  IN  THE  EVENT  THAT  NINETY PERCENT FEDERAL FINANCIAL
 PARTICIPATION FOR SUCH SERVICES IS NOT AVAILABLE,  THE  STATE  SHARE  OF
 APPROPRIATIONS  RELATED  TO  THESE  SERVICES  SHALL  BE USED FOR A GRANT
 PROGRAM INTENDED TO ACCOMPLISH THE PURPOSE OF THIS SECTION.
   § 5. Section 3614-c of the public health law, as amended by chapter 56
 of the laws of 2016, subparagraph (iv) of paragraph (a) of subdivision 3
 as amended by section 1 and subparagraph (iv) of paragraph (b) of subdi-
 vision 3 as amended by section 2 of part E of chapter 73 of the laws  of
 2016, is amended to read as follows:
   §  3614-c.  Home  care worker wage parity. 1. As used in this section,
 the following terms shall have the following meaning:
   (a) "Living wage law" means any law  enacted  by  Nassau,  Suffolk  or
 Westchester  county  or  a city with a population of one million or more
 which establishes a minimum wage for some or all employees  who  perform
 work on contracts with such county or city.
   (b) "Total compensation" means all wages and other direct compensation
 paid to or provided on behalf of the employee including, but not limited
 to, wages, health, education or pension benefits, supplements in lieu of
 benefits  and  compensated  time  off,  except  that it does not include
 employer taxes or employer portion of payments for  statutory  benefits,
 including  but  not  limited to FICA, disability insurance, unemployment
 insurance and workers' compensation.
   (c) "Prevailing rate of total compensation" means the  average  hourly
 amount  of  total  compensation  paid  to all home care aides covered by
 whatever collectively bargained agreement covers the greatest number  of
 home  care aides in a city with a population of one million or more. For
 purposes of this definition, any set of  collectively  bargained  agree-
 ments  in  such  city  with  substantially the same terms and conditions
 relating to total compensation shall be considered as a  single  collec-
 tively bargained agreement.
   (d)  "Home  care  aide"  means a home health aide, personal care aide,
 home attendant, PERSONAL ASSISTANT PERFORMING CONSUMER DIRECTED PERSONAL
 ASSISTANCE SERVICES PURSUANT TO SECTION THREE  HUNDRED  SIXTY-FIVE-F  OF
 THE  SOCIAL  SERVICES  LAW, or other licensed or unlicensed person whose
 primary responsibility includes the provision of in-home assistance with
 activities of daily living, instrumental activities of daily  living  or
 health-related  tasks;  provided,  however, that home care aide does not
 include any individual (i) working on a casual basis,  or  (ii)  (EXCEPT
 FOR  A  PERSON  EMPLOYED UNDER THE CONSUMER DIRECTED PERSONAL ASSISTANCE
 PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL  SERVICES
 LAW)  who  is a relative through blood, marriage or adoption of: (1) the
 employer; or (2) the person for whom the worker is delivering  services,

 S. 2007--B                         111                        A. 3007--B

 under  a  program  funded  or  administered  by  federal, state or local
 government.
   (e)  "Managed  care plan" means any managed care program, organization
 or demonstration covering personal care or home  health  aide  services,
 and which receives premiums funded, in whole or in part, by the New York
 state medical assistance program, including but not limited to all Medi-
 caid  managed care, Medicaid managed long term care, Medicaid advantage,
 and Medicaid advantage plus plans and all programs of all-inclusive care
 for the elderly.
   (f) "Episode of care" means any service unit reimbursed, in  whole  or
 in  part,  by  the  New  York  state medical assistance program, whether
 through direct reimbursement or covered by a premium payment, and  which
 covers,  in  whole or in part, any service provided by a home care aide,
 including but not limited to all service units defined as visits, hours,
 days, months or episodes.
   (g) "Cash portion of the minimum rate of home care  [aid]  AIDE  total
 compensation"  means  the minimum amount of home care aide total compen-
 sation that may be paid in cash wages, as determined by  the  department
 in consultation with the department of labor.
   (h)  "Benefit  portion  of  the  minimum  rate of home care aide total
 compensation" means the portion of home  care  aide  total  compensation
 that  may be paid in cash or health, education or pension benefits, wage
 differentials, supplements in lieu of benefits and compensated time off,
 as determined by the department in consultation with the  department  of
 labor.  Cash  wages  paid  pursuant to increases in the state or federal
 minimum wage cannot be used to satisfy the benefit portion of the  mini-
 mum rate of home care aide total compensation.
   2.  Notwithstanding  any  inconsistent provision of law, rule or regu-
 lation, no payments by government agencies shall be  made  to  certified
 home  health agencies, long term home health care programs [or], managed
 care plans, OR THE CONSUMER DIRECTED PERSONAL ASSISTANCE  PROGRAM  UNDER
 SECTION  THREE  HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW, for any
 episode of care furnished, in whole or in part, by any  home  care  aide
 who  is  compensated at amounts less than the applicable minimum rate of
 home care aide total compensation established pursuant to this section.
   3. (a) The minimum rate of home care aide total compensation in a city
 with a population of one million or more shall be:
   (i) for the period March first, two thousand twelve  through  February
 twenty-eighth,  two  thousand  thirteen,  ninety  percent  of  the total
 compensation mandated by the living wage law of such city;
   (ii) for the period March first, two thousand thirteen through  Febru-
 ary  twenty-eighth,  two  thousand  fourteen, ninety-five percent of the
 total compensation mandated by the living wage law of such city;
   (iii) for the period March first, two thousand fourteen through  March
 thirty-first  two  thousand sixteen, no less than the prevailing rate of
 total compensation as of January first,  two  thousand  eleven,  or  the
 total  compensation mandated by the living wage law of such city, which-
 ever is greater;
   (iv) for all periods on or after April first,  two  thousand  sixteen,
 the  cash  portion  of  the minimum rate of home care aide total compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (a) of subdivision one of section six hundred  fifty-two  of  the  labor
 law,  whichever  is  higher.  The benefit portion of the minimum rate of
 home care aide total compensation shall be four dollars and nine cents.
   (b) The minimum rate of home care aide total compensation in the coun-
 ties of Nassau, Suffolk and Westchester shall be:

 S. 2007--B                         112                        A. 3007--B
 
   (i) for the period March first, two thousand thirteen through February
 twenty-eighth, two  thousand  fourteen,  ninety  percent  of  the  total
 compensation  mandated by the living wage law as set on March first, two
 thousand thirteen of a city with a population of a million or more;
   (ii)  for the period March first, two thousand fourteen through Febru-
 ary twenty-eighth, two thousand  fifteen,  ninety-five  percent  of  the
 total  compensation  mandated  by  the  living  wage law as set on March
 first, two thousand fourteen of a city with a population of a million or
 more;
   (iii) for the period March first, two thousand fifteen, through Febru-
 ary twenty-eighth, two thousand sixteen,  one  hundred  percent  of  the
 total  compensation  mandated  by  the  living  wage law as set on March
 first, two thousand fifteen of a city with a population of a million  or
 more;
   (iv)  for  all  periods on or after March first, two thousand sixteen,
 the cash portion of the minimum rate of home  care  aide  total  compen-
 sation shall be ten dollars or the minimum wage as laid out in paragraph
 (b)  of  subdivision  one  of section six hundred fifty-two of the labor
 law, whichever is higher. The benefit portion of  the  minimum  rate  of
 home  care aide total compensation shall be three dollars and twenty-two
 cents.
   4. The terms of this section shall apply equally to services  provided
 by  home  care aides who work on episodes of care as direct employees of
 certified home health agencies, long term home health care programs,  or
 managed care plans, or as employees of licensed home care services agen-
 cies,  limited  licensed  home  care  services agencies, OR THE CONSUMER
 DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED  SIXTY-
 FIVE-F OF THE SOCIAL SERVICES LAW, or under any other arrangement.
   5.  No payments by government agencies shall be made to certified home
 health agencies, long term home health care programs, [or] managed  care
 plans,  OR  THE  CONSUMER  DIRECTED  PERSONAL  ASSISTANCE  PROGRAM UNDER
 SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES LAW,  for  any
 episode of care without the certified home health agency, long term home
 health  care  program,  [or]  managed care plan OR THE CONSUMER DIRECTED
 PERSONAL ASSISTANCE PROGRAM having delivered prior written certification
 to the commissioner, on forms prepared by the department in consultation
 with the department of labor, that  all  services  provided  under  each
 episode  of  care  are in full compliance with the terms of this section
 and any regulations promulgated pursuant to this section.
   6. If a certified home health agency or long  term  home  health  care
 program elects to provide home care aide services through contracts with
 licensed  home  care  services  agencies or through other third parties,
 provided that the episode of care on which the home care aide  works  is
 covered under the terms of this section, the certified home health agen-
 cy, long term home health care program, or managed care plan must obtain
 a  written  certification from the licensed home care services agency or
 other third party, on forms prepared by the department  in  consultation
 with  the  department  of labor, which attests to the licensed home care
 services agency's or other third party's compliance with  the  terms  of
 this section. Such certifications shall also obligate the certified home
 health  agency, long term home health care program, or managed care plan
 to obtain, on no less than a quarterly basis, all information  from  the
 licensed  home  care services agency, FISCAL INTERMEDIARY or other third
 parties necessary to verify compliance with the terms of  this  section.
 Such certifications and the information exchanged pursuant to them shall
 be retained by all certified home health agencies, long term home health

 S. 2007--B                         113                        A. 3007--B
 
 care  programs,  or  managed  care  plans,  and  all  licensed home care
 services agencies, or other third parties for a period of no  less  than
 ten years, and made available to the department upon request.
   7.  The  commissioner  shall  distribute  to all certified home health
 agencies, long term home health care programs, [and] managed care plans,
 AND FISCAL INTERMEDIARIES IN THE CONSUMER DIRECTED  PERSONAL  ASSISTANCE
 PROGRAM  UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF THE SOCIAL SERVICES
 LAW, official notice of the minimum rates of home care aide compensation
 at least one hundred twenty days prior to the  effective  date  of  each
 minimum  rate  for each social services district covered by the terms of
 this section.
   8. The commissioner is authorized to promulgate regulations,  and  may
 promulgate  emergency  regulations,  to implement the provisions of this
 section.
   9. Nothing in this section should be construed as  applicable  to  any
 service  provided  by  certified  home  health  agencies, long term home
 health care programs, [or] managed  care  plans,  OR  CONSUMER  DIRECTED
 PERSONAL  ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-FIVE-F OF
 THE SOCIAL SERVICES LAW except for all episodes of  care  reimbursed  in
 whole or in part by the New York Medicaid program.
   10. No certified home health agency, managed care plan [or], long term
 home  health  care  program,  OR  FISCAL  INTERMEDIARY  IN  THE CONSUMER
 DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED  SIXTY-
 FIVE-F  OF  THE  SOCIAL  SERVICES  LAW shall be liable for recoupment of
 payments for services provided through a  licensed  home  care  services
 agency or other third party with which the certified home health agency,
 long  term home health care program, or managed care plan has a contract
 because the licensed agency or other third party failed to  comply  with
 the provisions of this section if the certified home health agency, long
 term  home health care program, [or] managed care plan, OR FISCAL INTER-
 MEDIARY has reasonably and in good faith  collected  certifications  and
 all  information  required pursuant to subdivisions five and six of this
 section.
   § 6. Notwithstanding any other provision of law, the  commissioner  of
 health  is  authorized  to sell accounts receivable balances owed to the
 state by Medicaid providers to financial institutions; provided that  no
 such  sale  of  accounts  receivable  balances  shall  include any state
 support, including a guarantee or contingent obligation of  state  funds
 to  mitigate  the risk of nonpayment by providers owing on these account
 receivable balances. The commissioner in consultation with the  director
 of  the  budget  is  authorized to determine the sale prices of any such
 accounts receivable balances and shall include sale terms governing  the
 reasonable  collection  of  such  balances by the financial institution.
 Following any such sale, providers owing on  these  accounts  receivable
 balances  shall  not include any additional cost, interest, or financing
 charges solely as a result of such sale but shall be  fully  responsible
 for  paying  the accounts receivable balances. Proceeds from the sale of
 the accounts receivable balances shall  be  deposited  to  the  Medicaid
 escrow  fund  and  be  used  to offset Medicaid costs under the Medicaid
 global spending cap. The commissioner shall provide the legislature with
 a description of the terms of any such sale, including  a  list  of  the
 impacted Medicaid providers, at least thirty days prior to the sale.
   § 7. This act shall take effect immediately; provided, however that:
   a.  the amendments to section 364-j of the social services law made by
 section two of this act shall not affect the repeal of such section  and
 shall be deemed to be repealed therewith;

 S. 2007--B                         114                        A. 3007--B

   b. sections three and five of this act shall take effect July 1, 2017;
 and
   c.  section  six of this act shall expire April 1, 2019; however, such
 expiration shall not invalidate or otherwise impact any sale of accounts
 receivable effected pursuant to such section prior to its expiration.
 
                                  PART T
 
   Section 1. This act shall be known and may  be  cited  as  the  "clean
 water infrastructure act of 2017".
   §  2.  Article  15 of the environmental conservation law is amended by
 adding a new title 33 to read as follows:
 
                                 TITLE 33
                     SOURCE WATER PROTECTION PROJECTS
 SECTION 15-3301. DEFINITIONS.
         15-3303. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION.
         15-3305. APPROVAL AND EXECUTION OF PROJECTS.
 § 15-3301. DEFINITIONS.
   AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL MEAN:
   1. "LAND ACQUISITION PROJECTS" MEANS OPEN SPACE  ACQUISITION  PROJECTS
 UNDERTAKEN  WITH  WILLING  SELLERS  INCLUDING,  BUT  NOT LIMITED TO, THE
 PURCHASE OF CONSERVATION EASEMENTS,  UNDERTAKEN  BY  A  MUNICIPALITY,  A
 NOT-FOR-PROFIT  CORPORATION,  OR PURCHASE OF CONSERVATION EASEMENTS BY A
 SOIL AND WATER CONSERVATION DISTRICT.
   2. "MUNICIPALITY" MEANS THE SAME AS SUCH TERM AS  DEFINED  IN  SECTION
 56-0101 OF THIS CHAPTER.
   3. "NOT-FOR-PROFIT CORPORATION" MEANS A CORPORATION FORMED PURSUANT TO
 THE  NOT-FOR-PROFIT  CORPORATION LAW AND QUALIFIED FOR TAX-EXEMPT STATUS
 UNDER THE FEDERAL INTERNAL REVENUE CODE.
   4. "SOIL AND WATER CONSERVATION DISTRICT" MEANS THE SAME AS SUCH  TERM
 AS DEFINED IN SECTION THREE OF THE SOIL AND WATER CONSERVATION DISTRICTS
 LAW.
   5.  "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
 COST OF PROJECTS AUTHORIZED BY THIS TITLE TO PRESERVE, ENHANCE,  RESTORE
 AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
 § 15-3303. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION.
   1. THE COMMISSIONER IS AUTHORIZED TO PROVIDE STATE ASSISTANCE TO MUNI-
 CIPALITIES,  NOT-FOR-PROFIT CORPORATIONS AND SOIL AND WATER CONSERVATION
 DISTRICTS TO  UNDERTAKE  LAND  ACQUISITION  PROJECTS  FOR  SOURCE  WATER
 PROTECTION,  IN  COOPERATION  WITH  WILLING  SELLERS.  LAND  ACQUISITION
 PROJECTS FOR SOURCE WATER PROTECTION SHALL SUPPORT,  EXPAND  OR  ENHANCE
 DRINKING  WATER  QUALITY  PROTECTION, INCLUDING BUT NOT LIMITED TO AQUI-
 FERS, WATERSHEDS, RESERVOIRS, LAKES, RIVERS AND STREAMS.
   2. A. ANY BUFFER ENCUMBERED BY A CONSERVATION EASEMENT ACQUIRED PURSU-
 ANT TO THIS SECTION THAT ENCUMBERS LANDS USED IN AGRICULTURAL PRODUCTION
 AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE  AND  MARKETS
 LAW IN A COUNTY DESIGNATED STATE CERTIFIED AGRICULTURAL DISTRICT CREATED
 UNDER SECTION THREE HUNDRED THREE OF THE AGRICULTURE AND MARKETS LAW MAY
 ALLOW  AGRICULTURAL  ACTIVITY  THAT  QUALIFIES SUCH LANDS, PROVIDED SUCH
 ACTIVITY ON SUCH LANDS DOES NOT IMPAIR DRINKING WATER AND COMPLIES  WITH
 AN  AGRICULTURAL  ENVIRONMENTAL MANAGEMENT PROGRAM PLAN DEVELOPED BY THE
 STATE SOIL AND WATER CONSERVATION COMMITTEE,  IN  PARTNERSHIP  WITH  THE
 DEPARTMENT.

 S. 2007--B                         115                        A. 3007--B
 
   B.  NOTWITHSTANDING  ANY LIMITATIONS PROVIDED HEREIN ON LANDS ACQUIRED
 PURSUANT TO THIS TITLE A LICENSE OR EASEMENT MAY BE GRANTED BY THE OWNER
 OF SUCH PROPERTY TO A PUBLIC UTILITY FOR A PUBLIC PURPOSE.
   3. IN EVALUATING LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION
 PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL GIVE PRIORITY TO PROJECTS
 WHICH  PROTECT OR RECHARGE DRINKING WATER SOURCES AND WATERSHEDS INCLUD-
 ING RIPARIAN BUFFERS AND WETLANDS.
   4. A. NO STATE ASSISTANCE MAY BE PROVIDED PURSUANT TO THIS SECTION  TO
 FUND  ANY LAND ACQUISITION PROJECT WHICH IS UNDERTAKEN BY EMINENT DOMAIN
 UNLESS SUCH PROCESS IS UNDERTAKEN WITH A WILLING SELLER.
   B. THE DEPARTMENT SHALL NOT PROVIDE FUNDING PURSUANT TO THIS TITLE FOR
 ANY LAND ACQUISITION PROJECT FOR SOURCE WATER PROTECTION BY  A  NOT-FOR-
 PROFIT  CORPORATION,  IF  ANY  TOWN, VILLAGE OR CITY WITHIN WHICH SUCH A
 PROJECT IS LOCATED, BY RESOLUTION, WITHIN NINETY DAYS OF NOTIFICATION BY
 SUCH CORPORATION OF ITS INTEREST IN ACQUIRING SUCH PROJECTS, OBJECTS  TO
 SUCH ACQUISITION.
   5. CONSISTENT WITH SECTION ELEVEN-B OF THE SOIL AND WATER CONSERVATION
 DISTRICTS LAW, THE SOIL AND WATER CONSERVATION COMMITTEE IN CONSULTATION
 WITH  THE  COMMISSIONER  OF  AGRICULTURE  AND  MARKETS  IS AUTHORIZED TO
 PROVIDE STATE ASSISTANCE PAYMENTS TO COUNTY SOIL AND WATER  CONSERVATION
 DISTRICTS,  WITHIN  AMOUNTS  APPROPRIATED, FOR LAND ACQUISITION PROJECTS
 FOR SOURCE WATER PROTECTION  PROJECTS  TO  SUPPORT,  EXPAND  OR  ENHANCE
 DRINKING  WATER  QUALITY  PROTECTION, INCLUDING BUT NOT LIMITED TO AQUI-
 FERS, WATERSHEDS, RESERVOIRS, LAKES, RIVERS AND STREAMS.  SUCH COMMITTEE
 SHALL GIVE PRIORITY TO PROJECTS  WHICH  ESTABLISH  BUFFERS  FROM  WATERS
 WHICH  SERVES  AS OR ARE TRIBUTARIES TO DRINKING WATER SUPPLIES FOR SUCH
 PROJECTS USING STATE ASSISTANCE PURSUANT TO THIS SECTION.
   6. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR  REHABILI-
 TATED  BY  OR  THROUGH A MUNICIPALITY OR NOT-FOR-PROFIT CORPORATION WITH
 FUNDS MADE AVAILABLE PURSUANT TO THIS TITLE SHALL NOT BE  SOLD,  LEASED,
 EXCHANGED,  DONATED  OR OTHERWISE DISPOSED OF OR USED FOR OTHER THAN THE
 PUBLIC PURPOSES OF THIS TITLE WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF
 THE LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS
 OF EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE AND REASONABLY EQUIV-
 ALENT USEFULNESS AND LOCATION TO  THOSE  TO  BE  DISCONTINUED,  SOLD  OR
 DISPOSED  OF,  AND  SUCH  OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE
 COMMISSIONER.
   7. IF THE STATE ACQUIRES A REAL PROPERTY INTEREST IN LAND PURCHASED BY
 A MUNICIPALITY OR NOT-FOR-PROFIT WITH FUNDS MADE AVAILABLE  PURSUANT  TO
 THIS  TITLE,  THE STATE SHALL PAY THE FAIR MARKET VALUE OF SUCH INTEREST
 LESS THE AMOUNT OF FUNDING  PROVIDED  BY  THE  STATE  PURSUANT  TO  THIS
 SECTION.
   8. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
 PROMOTE AN EQUITABLE REGIONAL DISTRIBUTION OF FUNDS, CONSISTENT WITH THE
 PURPOSE OF THIS SECTION.
 § 15-3305. APPROVAL AND EXECUTION OF PROJECTS.
   1. LAND ACQUISITION PROJECTS FOR SOURCE WATER PROTECTION MAY BE UNDER-
 TAKEN  PURSUANT  TO  THE PROVISIONS OF THIS ARTICLE AND OTHER APPLICABLE
 PROVISIONS OF LAW ONLY WITH THE APPROVAL OF THE COMMISSIONER.
   2. THE COMMISSIONER SHALL REVIEW  SUCH  PROJECT  APPLICATION  AND  MAY
 APPROVE,  DISAPPROVE  OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH
 APPLICABLE LAW, CRITERIA, STANDARDS OR RULES AND REGULATIONS RELATIVE TO
 SUCH PROJECTS. IN REVIEWING APPLICATIONS FOR PROJECTS PURSUANT  TO  THIS
 SECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO:
   A.  THE  PROJECT'S  CONTRIBUTION  TO  THE PROTECTION OF DRINKING WATER
 SUPPLIES;

 S. 2007--B                         116                        A. 3007--B
 
   B.  THE  PRESENCE  OF  A  WATER  PLAN,  INCLUDING   A   SOURCE   WATER
 ASSESSMENT/PROTECTION  PLAN OR OTHER SIMILAR PLAN WHICH IDENTIFIES MEAS-
 URES TO REDUCE THREATS TO DRINKING WATER SOURCES AND PRIORITIES FOR LAND
 ACQUISITION PROJECTS; AND,
   C. FINANCIAL NEED OR HARDSHIP.
   3.  ALL  LAND ACQUISITION PROJECTS SHALL BE UNDERTAKEN IN THE STATE OF
 NEW YORK. THE TOTAL AMOUNT OF THE STATE ASSISTANCE PAYMENTS  TOWARD  THE
 COST  OF ANY SUCH PROJECT SHALL BE SET FORTH IN ANY REQUEST FOR PROPOSAL
 ISSUED TO SOLICIT PROJECTS AND WILL  IN  NO  EVENT  EXCEED  SEVENTY-FIVE
 PERCENT OF THE COST.
   FOR  THE  PURPOSE  OF  DETERMINING  THE AMOUNT OF THE STATE ASSISTANCE
 PAYMENTS, THE COST OF THE PROJECT SHALL NOT BE MORE THAN THE AMOUNT  SET
 FORTH  IN  THE APPLICATION FOR STATE ASSISTANCE PAYMENTS APPROVED BY THE
 COMMISSIONER. THE STATE ASSISTANCE PAYMENTS TOWARD THE COST OF A PROJECT
 SHALL BE PAID ON AUDIT AND WARRANT OF THE STATE COMPTROLLER ON A CERTIF-
 ICATE OF AVAILABILITY OF THE DIRECTOR OF THE BUDGET.
   4. A. THE COMMISSIONER AND A MUNICIPALITY MAY ENTER  INTO  A  CONTRACT
 FOR  THE  UNDERTAKING  BY  THE MUNICIPALITY OF A SOURCE WATER PROTECTION
 PROJECT. SUCH PROJECT SHALL BE RECOMMENDED TO THE  COMMISSIONER  BY  THE
 GOVERNING BODY OF THE MUNICIPALITY AND, WHEN APPROVED BY THE COMMISSION-
 ER, MAY BE UNDERTAKEN BY THE MUNICIPALITY PURSUANT TO THIS TITLE AND ANY
 OTHER APPLICABLE PROVISION OF LAW.
   B.  THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
 CONTRACT FOR THE UNDERTAKING BY  THE  NOT-FOR-PROFIT  CORPORATION  OF  A
 SOURCE  WATER PROTECTION PROJECT. SUCH A PROJECT SHALL BE RECOMMENDED TO
 THE COMMISSIONER BY THE GOVERNING BODY OF A  NOT-FOR-PROFIT  CORPORATION
 WHICH  DEMONSTRATES  TO  THE SATISFACTION OF THE COMMISSIONER THAT IT IS
 CAPABLE OF OPERATING AND MAINTAINING SUCH PROPERTY FOR  THE  BENEFIT  OF
 DRINKING  WATER  AND/OR  WATER  QUALITY PROTECTION. UPON APPROVAL BY THE
 COMMISSIONER, SUCH PROJECT MAY BE UNDERTAKEN PURSUANT TO THE  PROVISIONS
 OF THIS TITLE AND ANY OTHER APPLICABLE PROVISION OF LAW.
   5. NO MONIES SHALL BE EXPENDED FOR SOURCE WATER PROTECTION LAND ACQUI-
 SITION PROJECTS EXCEPT PURSUANT TO AN APPROPRIATION THEREFOR.
   §  3. The public health law is amended by adding a new section 1114 to
 read as follows:
   § 1114. LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM.  1. TO THE EXTENT
 PRACTICABLE, THE DEPARTMENT SHALL ALLOCATE APPROPRIATED FUNDS  EQUITABLY
 AMONG  REGIONS  OF  THE  STATE. WITHIN EACH REGION, THE DEPARTMENT SHALL
 GIVE PRIORITY TO MUNICIPALITIES THAT HAVE A HIGH PERCENTAGE OF  ELEVATED
 CHILDHOOD BLOOD LEAD LEVELS, BASED ON THE MOST RECENT AVAILABLE DATA. IN
 DISTRIBUTING THE AWARDS ALLOCATED FOR EACH REGION TO SUCH PRIORITY MUNI-
 CIPALITIES,  THE DEPARTMENT SHALL ALSO CONSIDER WHETHER THE COMMUNITY IS
 LOW INCOME AND THE NUMBER OF LEAD SERVICE LINES IN NEED OF  REPLACEMENT.
 THE  DEPARTMENT  MAY  REQUEST  THAT  SUCH  MUNICIPALITIES  PROVIDE  SUCH
 DOCUMENTATION AS THE DEPARTMENT MAY REQUIRE TO CONFIRM  AWARD  ELIGIBIL-
 ITY.
   2. THE DEPARTMENT SHALL PUBLISH INFORMATION, APPLICATION FORMS, PROCE-
 DURES  AND  GUIDELINES  RELATING  TO THE PROGRAM ON ITS WEBSITE AND IN A
 MANNER THAT IS ACCESSIBLE TO THE PUBLIC AND ALL POTENTIAL AWARD  RECIPI-
 ENTS.
   §  4.  Article  27 of the environmental conservation law is amended by
 adding a new title 12 to read as follows:
                                  TITLE 12
 
        MITIGATION AND REMEDIATION OF CERTAIN SOLID WASTE SITES AND
                       DRINKING WATER CONTAMINATION

 S. 2007--B                         117                        A. 3007--B
 
 SECTION 27-1201. DEFINITIONS.
         27-1203. MITIGATION AND REMEDIATION OF SOLID WASTE SITES.
         27-1205. MITIGATION OF CONTAMINANTS IN DRINKING WATER.
         27-1207. USE AND REPORTING OF THE SOLID WASTE MITIGATION ACCOUNT
                    AND THE DRINKING WATER RESPONSE ACCOUNT.
         27-1209. RULES AND REGULATIONS.
         27-1211. PROTECTION  AGAINST  LIABILITY AND LIABILITY EXEMPTIONS
                    AND DEFENSES.
 § 27-1201. DEFINITIONS.
   WHEN USED IN THIS TITLE:
   1. "CONTAMINANT" MEANS EMERGING CONTAMINANTS PURSUANT TO SECTION ELEV-
 EN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, AND, FOR SOLID WASTE  SITES,
 SHALL INCLUDE PARAMETERS IDENTIFIED IN REGULATIONS REQUIRED TO BE TESTED
 BY LANDFILLS TO ENSURE THE PROTECTION OF GROUNDWATER QUALITY.
   2.  "CONTAMINATION"  OR "CONTAMINATED" MEANS THE PRESENCE OF A CONTAM-
 INANT IN ANY ENVIRONMENTAL MEDIA,  INCLUDING  SOIL,  SURFACE  WATER,  OR
 GROUNDWATER,  SUFFICIENT  TO  CAUSE  OR  SUBSTANTIALLY  CONTRIBUTE TO AN
 EXCEEDANCE OF STANDARDS, CRITERIA, AND GUIDANCE  VALUES  ESTABLISHED  BY
 THE  DEPARTMENT  OR  DRINKING WATER STANDARDS, INCLUDING MAXIMUM CONTAM-
 INANT LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT  LEVELS
 OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH.
   3.  "DRINKING WATER CONTAMINATION SITE" MEANS ANY AREA OR SITE THAT IS
 CAUSING OR SUBSTANTIALLY CONTRIBUTING TO THE  CONTAMINATION  OF  ONE  OR
 MORE PUBLIC DRINKING WATER SUPPLIES.
   4.  "DRINKING  WATER  RESPONSE  ACCOUNT" MEANS THE ACCOUNT ESTABLISHED
 PURSUANT TO SUBDIVISION ONE  OF  SECTION  NINETY-SEVEN-B  OF  THE  STATE
 FINANCE LAW.
   5.  "MITIGATION"  MEANS  THE  INVESTIGATION,  SAMPLING, MANAGEMENT, OR
 TREATMENT OF A SOLID WASTE SITE OR  DRINKING  WATER  CONTAMINATION  SITE
 REQUIRED  TO  ENSURE  THE AVAILABILITY OF SAFE DRINKING WATER, INCLUDING
 PUBLIC WATER SYSTEMS AND INDIVIDUAL ONSITE WATER SUPPLY  SYSTEMS  NECES-
 SARY TO MEET STANDARDS, CRITERIA, AND GUIDANCE VALUES ESTABLISHED BY THE
 DEPARTMENT  OR  DRINKING  WATER STANDARDS, INCLUDING MAXIMUM CONTAMINANT
 LEVELS, NOTIFICATION LEVELS, MAXIMUM RESIDUAL  DISINFECTANT  LEVELS,  OR
 ACTION  LEVELS  ESTABLISHED  BY  THE  DEPARTMENT  OF  HEALTH THAT CAN BE
 SUCCESSFULLY CARRIED OUT WITH AVAILABLE, IMPLEMENTABLE  AND  COST-EFFEC-
 TIVE  TECHNOLOGY. "MITIGATION" ACTIVITIES INCLUDE BUT ARE NOT LIMITED TO
 THE INSTALLATION OF DRINKING WATER TREATMENT SYSTEMS, THE  PROVISION  OF
 ALTERNATIVE  WATER  SUPPLIES,  OR REPAIR OF A LANDFILL CAP. "MITIGATION"
 DOES NOT MEAN REMEDIATION.
   6. "SOLID WASTE SITE" MEANS A SITE WHERE  (A)  THE  DEPARTMENT  HAS  A
 REASONABLE  BASIS  TO  SUSPECT  THAT THE ILLEGAL DISPOSAL OF SOLID WASTE
 OCCURRED OR, (B) A COURT OF COMPETENT JURISDICTION HAS  DETERMINED  THAT
 AN ILLEGAL DISPOSAL OF SOLID WASTE OCCURRED, OR (C) THE DEPARTMENT KNOWS
 OR  HAS  A  REASONABLE  BASIS  TO  SUSPECT  THAT AN INACTIVE SOLID WASTE
 MANAGEMENT FACILITY WHICH DOES NOT HAVE A CURRENT MONITORING PROGRAM  IS
 IMPACTING  OR  CONTAMINATING  ONE OR MORE DRINKING WATER SUPPLIES. SOLID
 WASTE SITE SHALL NOT INCLUDE A SITE WHICH IS CURRENTLY SUBJECT TO INVES-
 TIGATION OR REMEDIATION PURSUANT TO TITLE THIRTEEN OR FOURTEEN  OF  THIS
 ARTICLE  OR  ANY  SITE  WHICH  COMPLETED  SUCH  PROGRAMS  AND WAS EITHER
 DELISTED BY OR RECEIVED A CERTIFICATE OF COMPLETION FROM THE DEPARTMENT.
   7. "SOLID WASTE MITIGATION  ACCOUNT"  MEANS  THE  ACCOUNT  ESTABLISHED
 PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  NINETY-SEVEN-B OF THE STATE
 FINANCE LAW.
   8. "SOLID WASTE MANAGEMENT FACILITY" MEANS ANY FACILITY  EMPLOYED  FOR
 SOLID  WASTE  COLLECTION,  PROCESSING  AND DISPOSAL INCLUDING PROCESSING

 S. 2007--B                         118                        A. 3007--B
 
 SYSTEMS, INCLUDING RESOURCE RECOVERY FACILITIES OR OTHER FACILITIES  FOR
 REDUCING  SOLID  WASTE  VOLUME, SANITARY LANDFILLS, REGULATED FACILITIES
 FOR THE DISPOSAL OF CONSTRUCTION AND DEMOLITION DEBRIS, REGULATED PLANTS
 AND  FACILITIES  FOR  COMPACTING,  COMPOSTING  OR  PYROLIZATION OF SOLID
 WASTES, REGULATED MULCH  FACILITIES,  LANDSPREADING  AND  SOIL  AMENDING
 OPERATIONS, AND INCINERATORS.
 § 27-1203. MITIGATION AND REMEDIATION OF SOLID WASTE SITES.
   1.  THE  SOLID  WASTE  SITE  PRIORITY IN THIS STATE IS TO MITIGATE AND
 REMEDIATE ANY SOLID WASTE SITE CAUSING OR SUBSTANTIALLY CONTRIBUTING  TO
 IMPAIRMENTS OF DRINKING WATER QUALITY WHICH MAY IMPACT PUBLIC HEALTH.
   2. THE DEPARTMENT SHALL, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH,
 DEVELOP A SYSTEM TO SELECT AND PRIORITIZE SITES FOR MITIGATION AND REME-
 DIATION, CONSIDERING THE EFFECTS ON THE HEALTH OF THE STATE.
   3.  BEGINNING JULY FIRST, TWO THOUSAND NINETEEN AND ANNUALLY THEREAFT-
 ER, THE DEPARTMENT SHALL PREPARE AND SUBMIT  TO  THE  GOVERNOR  AND  THE
 LEGISLATURE  A  COMPREHENSIVE  PLAN  DESIGNED  TO MITIGATE AND REMEDIATE
 SOLID WASTE SITES. THIS PLAN SHALL ESTABLISH A SOLID  WASTE  SITE  MITI-
 GATION AND REMEDIATION PRIORITY LIST.
   4.  THE DEPARTMENT IS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATIONS
 TO DETERMINE IF A SOLID WASTE SITE IS CAUSING OR SUBSTANTIALLY  CONTRIB-
 UTING TO IMMINENT OR DOCUMENTED DRINKING WATER SOURCE CONTAMINATION. THE
 DEPARTMENT,  AND  ANY EMPLOYEE, AGENT, CONSULTANT OR OTHER PERSON ACTING
 AT THE DIRECTION OF THE DEPARTMENT, SHALL HAVE THE  AUTHORITY  TO  ENTER
 ALL  SOLID  WASTE  SITES  FOR  THE PURPOSE OF PRELIMINARY INVESTIGATION,
 MITIGATION AND REMEDIATION, PROVIDED THAT  THE  DEPARTMENT  HAS  MADE  A
 REASONABLE  EFFORT TO IDENTIFY THE OWNER OF SUCH PROPERTY TO NOTIFY SUCH
 OWNER OF THE INTENT TO ENTER THE PROPERTY AT LEAST TEN DAYS IN  ADVANCE.
 IN  THE  EVENT  THE COMMISSIONER OF HEALTH MAKES A WRITTEN DETERMINATION
 THAT SUCH TEN DAY NOTICE  WILL  NOT  BE  SUFFICIENT  TO  PROTECT  PUBLIC
 HEALTH,  TWO DAYS' WRITTEN NOTICE SHALL BE SUFFICIENT. ANY INSPECTION OF
 THE PROPERTY AND EACH TAKING OF SAMPLES SHALL TAKE PLACE  AT  REASONABLE
 TIMES  AND  SHALL BE COMMENCED AND COMPLETED WITH REASONABLE PROMPTNESS.
 SUCH PRELIMINARY INVESTIGATION SHALL INCLUDE:
   A. CONDUCTING OR CAUSING TO BE CONDUCTED FIELD INVESTIGATIONS OF  HIGH
 PRIORITY  SITES  IDENTIFIED IN THE PLAN ESTABLISHED PURSUANT TO SUBDIVI-
 SION THREE OF THIS SECTION FOR THE PURPOSE OF FURTHER DEFINING NECESSARY
 MITIGATION AND REMEDIATION, IF ANY. TO THE MAXIMUM  EXTENT  PRACTICABLE,
 THE  DEPARTMENT  SHALL  UTILIZE  EXISTING INFORMATION INCLUDING, BUT NOT
 LIMITED TO, SUBSURFACE BORINGS AND ANY  ANALYSES  OR  TESTS  OF  SAMPLES
 TAKEN  FROM SUCH SITES BY OWNERS OR OPERATORS, OTHER RESPONSIBLE PERSONS
 AND ANY FEDERAL OR NON-FEDERAL AGENCIES;
   B. MAKING ANY SUBSURFACE BORINGS AND ANY ANALYSES OR TESTS OF  SAMPLES
 TAKEN  AS MAY BE NECESSARY OR DESIRABLE TO EFFECTUATE THE FIELD INVESTI-
 GATIONS OF SITES AS REQUIRED UNDER THIS SECTION SUBJECT TO THE  REQUIRE-
 MENTS  OF  THIS TITLE. IF THE OWNER OF A SOLID WASTE SITE CAN BE IDENTI-
 FIED, THE DEPARTMENT SHALL PROVIDE SUCH OWNER  WITH  A  MINIMUM  OF  TEN
 DAYS'  WRITTEN  NOTICE  OF THE INTENT TO TAKE SUCH BORINGS OR SAMPLES IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWELVE OF SECTION  27-1205
 OF  THIS  TITLE.  IF ANY ANALYSIS IS MADE OF SUCH SAMPLES, A COPY OF THE
 RESULTS OF SUCH ANALYSIS SHALL BE FURNISHED PROMPTLY  TO  THE  OWNER  OR
 OPERATOR. UPON THE COMPLETION OF ALL SAMPLING ACTIVITIES, THE DEPARTMENT
 OR AUTHORIZED PERSON SHALL REMOVE, OR CAUSE TO BE REMOVED, ALL EQUIPMENT
 AND  WELL MACHINERY AND RETURN THE GROUND SURFACE OF THE PROPERTY TO ITS
 CONDITION PRIOR TO SUCH SAMPLING, UNLESS THE  DEPARTMENT  OR  AUTHORIZED
 PERSON, AND THE OWNER OF THE PROPERTY SHALL OTHERWISE AGREE;

 S. 2007--B                         119                        A. 3007--B
 
   C.  MAKING ANY RECORD SEARCHES OR DOCUMENT REVIEWS AS MAY BE NECESSARY
 OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS SECTION SUBJECT  TO  THE
 REQUIREMENTS OF THIS TITLE.
   5.  IF  THE  DEPARTMENT  OR  THE DEPARTMENT OF HEALTH, AS APPROPRIATE,
 DETERMINES THAT A SOLID WASTE SITE POSES A  SIGNIFICANT  THREAT  TO  THE
 PUBLIC  HEALTH  OR  ENVIRONMENT  DUE  TO HAZARDOUS WASTE, THE DEPARTMENT
 SHALL REFER THE SITE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL SITE REME-
 DIAL PROGRAM PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE.
   6. WHERE THE DEPARTMENT HAS DETERMINED THROUGH A PRELIMINARY  INVESTI-
 GATION  CONDUCTED  PURSUANT  TO  SUBDIVISION FOUR OF THIS SECTION THAT A
 SOLID WASTE SITE IS CAUSING OR  SUBSTANTIALLY  CONTRIBUTING  TO  CONTAM-
 INATION  OF  A  PUBLIC DRINKING WATER SUPPLY, THE OWNER OR OPERATOR OF A
 SOLID WASTE SITE SHALL, AT THE DEPARTMENT'S WRITTEN  REQUEST,  COOPERATE
 WITH  ANY  AND ALL REMEDIAL MEASURES DEEMED NECESSARY AND WHICH SHALL BE
 UNDERTAKEN BY THE DEPARTMENT, IN  CONJUNCTION  WITH  THE  DEPARTMENT  OF
 HEALTH, FOR THE MITIGATION AND REMEDIATION OF A SOLID WASTE SITE OR AREA
 WHICH IS NECESSARY TO ENSURE THAT DRINKING WATER MEETS APPLICABLE STAND-
 ARDS, INCLUDING MAXIMUM CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM
 RESIDUAL  DISINFECTANT  LEVELS,  OR  ACTION  LEVELS  ESTABLISHED  BY THE
 DEPARTMENT OF HEALTH. THE DEPARTMENT MAY IMPLEMENT NECESSARY MEASURES TO
 MITIGATE AND REMEDIATE THE SOLID WASTE SITE WITHIN AMOUNTS  APPROPRIATED
 FOR SUCH PURPOSES FROM THE SOLID WASTE MITIGATION ACCOUNT.
 § 27-1205. MITIGATION OF CONTAMINANTS IN DRINKING WATER.
   1.  WHENEVER  THE  COMMISSIONER  OF HEALTH HAS REQUIRED A PUBLIC WATER
 SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERGING  CONTAMINANT  OR
 EMERGING  CONTAMINANTS  AND HAS DETERMINED THAT THE CONCENTRATION OF THE
 EMERGING CONTAMINANT CONSTITUTES AN ACTUAL OR POTENTIAL THREAT TO PUBLIC
 HEALTH BASED ON THE BEST AVAILABLE SCIENTIFIC  INFORMATION  PURSUANT  TO
 SECTION  ELEVEN  HUNDRED TWELVE OF THE PUBLIC HEALTH LAW, THE DEPARTMENT
 IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, MAY, PURSUANT TO THE CLEAN
 WATER INFRASTRUCTURE ACT OF 2017 AND WITHIN THE UP TO ONE HUNDRED THIRTY
 MILLION DOLLARS APPROPRIATED FOR SUCH PURPOSES, UNDERTAKE ALL REASONABLE
 AND NECESSARY ADDITIONAL MITIGATION MEASURES IN ANY AREA OF THE STATE IN
 WHICH CONTAMINATION IS KNOWN TO BE PRESENT. THE DEPARTMENT SHALL  EMPLOY
 FEASIBLE  MEASURES  THAT CAN BE SUCCESSFULLY CARRIED OUT WITH AVAILABLE,
 IMPLEMENTABLE AND COST EFFECTIVE TECHNOLOGY. SUCH AREA SHALL INCLUDE, AT
 A MINIMUM, ALL PROPERTIES SERVED BY THE PUBLIC WATER SYSTEM,  ANY  INDI-
 VIDUAL  ONSITE  WATER  SUPPLY SYSTEMS IMPACTED BY THE CONTAMINATION, AND
 ANY LAND AND ANY SURFACE OR UNDERGROUND WATER SOURCES  IMPACTED  BY  THE
 CONTAMINATION.  SUCH  APPROVED  MEASURES  SHALL  BE PROTECTIVE OF PUBLIC
 HEALTH AND MAY INCLUDE BUT NOT BE LIMITED TO THE INSTALLATION OF  TREAT-
 MENT  SYSTEMS  OR  THE  PROVISION OF ALTERNATIVE WATER SUPPLY SOURCES TO
 ENSURE THAT DRINKING WATER MEETS APPLICABLE STANDARDS, INCLUDING MAXIMUM
 CONTAMINANT LEVELS, NOTIFICATION LEVELS, MAXIMUM  RESIDUAL  DISINFECTANT
 LEVELS, OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF HEALTH.
   2.  IF  THE  DEPARTMENT  OR  THE  DEPARTMENT OF HEALTH, AS APPLICABLE,
 DETERMINES THAT A DRINKING WATER CONTAMINATION SITE POSES A  SIGNIFICANT
 THREAT  TO  THE PUBLIC HEALTH OR ENVIRONMENT FROM A HAZARDOUS WASTE, THE
 DEPARTMENT SHALL REFER THE SITE TO THE INACTIVE HAZARDOUS WASTE DISPOSAL
 SITE REMEDIAL PROGRAM PURSUANT TO TITLE THIRTEEN OF THIS ARTICLE.
   3. WHENEVER THE COMMISSIONER OF HEALTH HAS  REQUIRED  A  PUBLIC  WATER
 SYSTEM  TO  TAKE  ACTION TO REDUCE EXPOSURE TO EMERGING CONTAMINANTS AND
 HAS DETERMINED  THAT  THE  CONCENTRATION  OF  THE  EMERGING  CONTAMINANT
 CONSTITUTES  AN ACTUAL OR POTENTIAL THREAT TO PUBLIC HEALTH BASED ON THE
 BEST AVAILABLE SCIENTIFIC INFORMATION PURSUANT TO SECTION ELEVEN HUNDRED
 TWELVE OF THE PUBLIC HEALTH LAW:

 S. 2007--B                         120                        A. 3007--B
 
   A. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO  UNDERTAKE  DIRECTLY  IN
 CONJUNCTION WITH THE DEPARTMENT OF HEALTH, THE DEVELOPMENT AND IMPLEMEN-
 TATION  OF ALL NECESSARY AND REASONABLE MITIGATION AND REMEDIATION MEAS-
 URES OF DRINKING WATER CONTAMINATION, AS APPROVED BY THE  DEPARTMENT  OF
 HEALTH, TO ADDRESS EMERGING CONTAMINANTS IN PUBLIC WATER SUPPLIES;
   B.  THE  COMMISSIONER  MAY  ORDER,  AFTER NOTICE AND OPPORTUNITY FOR A
 HEARING, THE OWNER AND/OR OPERATOR OF THE DRINKING  WATER  CONTAMINATION
 SITE  AND/OR  ANY PERSON RESPONSIBLE FOR SUCH CONTAMINATION TO UNDERTAKE
 ALL REASONABLE AND NECESSARY MITIGATION AND REMEDIATION, AS APPROVED  BY
 THE DEPARTMENT OF HEALTH, TO ENSURE THAT DRINKING WATER MEETS APPLICABLE
 STANDARDS,  INCLUDING  MAXIMUM  CONTAMINANT LEVELS, NOTIFICATION LEVELS,
 MAXIMUM RESIDUAL DISINFECTANT LEVELS, OR ACTION  LEVELS  ESTABLISHED  BY
 THE  DEPARTMENT  OF  HEALTH,  AND  EMPLOY  FEASIBLE MEASURES THAT CAN BE
 SUCCESSFULLY CARRIED OUT WITH AVAILABLE, IMPLEMENTABLE AND  COST  EFFEC-
 TIVE  TECHNOLOGY,  SUBJECT  TO  THE  APPROVAL  OF THE DEPARTMENT AND THE
 DEPARTMENT OF HEALTH, AT SUCH SITE, AND TO IMPLEMENT SUCH PROGRAM WITHIN
 REASONABLE TIME LIMITS SPECIFIED IN THE ORDER.  PROVIDED, HOWEVER,  THAT
 IN THE EVENT THE COMMISSIONER OF HEALTH SHALL ISSUE AN ORDER PURSUANT TO
 SUBDIVISION THREE OF SECTION ONE THOUSAND THREE HUNDRED EIGHTY-NINE-B OF
 THE  PUBLIC  HEALTH  LAW, SUCH ORDER OF THE COMMISSIONER OF HEALTH SHALL
 SUPERSEDE ANY ORDER ISSUED HEREUNDER.
   4. THE DEPARTMENT SHALL HAVE THE AUTHORITY A. TO DELEGATE RESPONSIBIL-
 ITY FOR A SPECIFIC DRINKING WATER CONTAMINATION SITE TO THE MUNICIPALITY
 IN WHICH SUCH SITE IS LOCATED AND B. TO CONTRACT WITH ANY  OTHER  PERSON
 TO PERFORM NECESSARY WORK IN CONNECTION WITH SUCH SITES.
   5.  SECTION EIGHT OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
 LAW TO THE CONTRARY NOTWITHSTANDING, THE  STATE  SHALL  BE  IMMUNE  FROM
 LIABILITY  AND  ACTION  WITH  RESPECT TO ANY ACT OR OMISSION DONE IN THE
 DISCHARGE OF THE DEPARTMENT'S AFORESAID RESPONSIBILITY PURSUANT TO  THIS
 TITLE;  PROVIDED,  HOWEVER,  THAT  THIS  SUBDIVISION SHALL NOT LIMIT THE
 LIABILITY WHICH MAY OTHERWISE EXIST FOR UNLAWFUL, WILLFUL, OR  MALICIOUS
 ACTS  OR  OMISSIONS  ON  THE PART OF THE STATE, STATE AGENCIES, OR THEIR
 OFFICERS, EMPLOYEES OR AGENTS; OR FOR THE  OWNERSHIP  OR  RESPONSIBILITY
 FOR  THE  DISPOSAL OF SUCH CONTAMINANT, INCLUDING LIABILITY FOR THE COST
 OF REMEDIATION, PURSUANT TO THIS SECTION.
   6. WHENEVER THE COMMISSIONER OF HEALTH, AFTER INVESTIGATION, FINDS:
   A. THAT A PUBLIC DRINKING WATER CONTAMINATION SITE REPRESENTS AN ACTU-
 AL OR POTENTIAL THREAT TO THE PUBLIC HEALTH; AND
   B. THE THREAT MAKES IT PREJUDICIAL TO THE  PUBLIC  INTEREST  TO  DELAY
 ACTION  UNTIL  A HEARING CAN BE HELD PURSUANT TO THIS TITLE, THE DEPART-
 MENT MAY, PURSUANT TO PARAGRAPH A OF SUBDIVISION THREE OF  THIS  SECTION
 AND WITHIN THE FUNDS AVAILABLE TO THE DEPARTMENT FROM THE DRINKING WATER
 RESPONSE ACCOUNT, DEVELOP AND IMPLEMENT, IN CONJUNCTION WITH THE DEPART-
 MENT  OF  HEALTH,  ALL  REASONABLE AND NECESSARY MITIGATION AND REMEDIAL
 MEASURES TO ADDRESS DRINKING WATER CONTAMINATION FOR SUCH SITE TO ENSURE
 THAT  DRINKING  WATER  MEETS  APPLICABLE  STANDARDS,  INCLUDING  MAXIMUM
 CONTAMINANT  LEVELS,  NOTIFICATION LEVELS, MAXIMUM RESIDUAL DISINFECTANT
 LEVELS OR ACTION LEVELS ESTABLISHED BY THE DEPARTMENT OF  HEALTH.  FIND-
 INGS  REQUIRED  PURSUANT TO THIS SUBDIVISION SHALL BE IN WRITING AND MAY
 BE MADE BY THE COMMISSIONER OF HEALTH ON AN EX PARTE  BASIS  SUBJECT  TO
 JUDICIAL REVIEW.
   7.  ANY  ORDER  ISSUED PURSUANT TO PARAGRAPH B OF SUBDIVISION THREE OF
 THIS SECTION SHALL BE ISSUED ONLY AFTER NOTICE AND THE OPPORTUNITY FOR A
 HEARING IS PROVIDED TO PERSONS WHO MAY BE THE  SUBJECT  OF  SUCH  ORDER.
 THE  COMMISSIONER  OR  THE  COMMISSIONER OF HEALTH SHALL DETERMINE WHICH
 PERSONS ARE RESPONSIBLE PURSUANT TO SAID SUBDIVISION ACCORDING TO APPLI-

 S. 2007--B                         121                        A. 3007--B
 
 CABLE PRINCIPLES OF STATUTORY OR  COMMON  LAW  LIABILITY.  SUCH  PERSONS
 SHALL  BE  ENTITLED TO RAISE ANY DEFENSE SET FORTH IN SECTION 27-1211 OF
 THIS TITLE OR COMMON LAW DEFENSE AT ANY SUCH HEARING AND  SUCH  DEFENSES
 SHALL HAVE THE SAME FORCE AND EFFECT AT SUCH HEARINGS AS THEY WOULD HAVE
 IN  A  COURT  OF  LAW. IN THE EVENT A HEARING IS HELD, NO ORDER SHALL BE
 ISSUED BY THE COMMISSIONER UNDER SUBDIVISION THREE OF THIS SECTION UNTIL
 A FINAL DECISION HAS BEEN RENDERED. ANY SUCH ORDER SHALL  BE  REVIEWABLE
 PURSUANT  TO  ARTICLE  SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES
 WITHIN THIRTY DAYS AFTER SERVICE OF SUCH ORDER. THE COMMISSIONER OR  THE
 COMMISSIONER  OF  HEALTH  MAY  REQUEST THE PARTICIPATION OF THE ATTORNEY
 GENERAL IN SUCH HEARINGS.
   8. THE COMMISSIONER SHALL MAKE ALL REASONABLE EFFORTS,  IN  ACCORDANCE
 WITH  THE  REQUIREMENTS  OF SUBDIVISION SIX OF SECTION NINETY-SEVEN-B OF
 THE STATE FINANCE LAW, TO RECOVER ALL MITIGATION COSTS INCURRED PURSUANT
 TO SUBDIVISIONS ONE AND THREE OF THIS  SECTION  FROM  THE  OWNER  AND/OR
 OPERATOR OF THE DRINKING WATER CONTAMINATION SITE.
   9.  WHEN A MUNICIPALITY DEVELOPS AND IMPLEMENTS REMEDIATION TO ADDRESS
 A DRINKING WATER CONTAMINATION SITE, DETERMINED PURSUANT TO  SUBDIVISION
 FOUR  OF  THIS  SECTION,  AND THE PLAN IS APPROVED BY THE DEPARTMENT, IN
 CONJUNCTION WITH THE DEPARTMENT OF HEALTH, WHICH IS OWNED  OR  HAS  BEEN
 OPERATED  BY  SUCH  MUNICIPALITY  OR WHEN THE DEPARTMENT, IN CONJUNCTION
 WITH THE DEPARTMENT OF HEALTH, PURSUANT TO AN AGREEMENT WITH  A  MUNICI-
 PALITY,  DEVELOPS  AND  IMPLEMENTS  SUCH  REMEDIATION,  THE COMMISSIONER
 SHALL, IN THE NAME OF THE STATE, AGREE IN SUCH AGREEMENT TO PROVIDE FROM
 THE DRINKING WATER RESPONSE ACCOUNT, WITHIN THE LIMITATIONS OF APPROPRI-
 ATIONS  THEREFOR,  SEVENTY-FIVE  PERCENT  OF  THE  ELIGIBLE  DESIGN  AND
 CONSTRUCTION COSTS OF SUCH PROGRAM FOR WHICH SUCH MUNICIPALITY IS LIABLE
 SOLELY  BECAUSE OF ITS OWNERSHIP AND/OR OPERATION OF SUCH SITE AND WHICH
 ARE NOT RECOVERED FROM OR REIMBURSED OR PAID BY A RESPONSIBLE  PARTY  OR
 THE FEDERAL GOVERNMENT.
   10.  NOTHING  CONTAINED  WITHIN  THIS  SECTION  SHALL  BE CONSTRUED AS
 IMPAIRING OR IN ANY MANNER AFFECTING THE RIGHT OR  JURISDICTION  OF  THE
 ATTORNEY GENERAL TO SEEK APPROPRIATE RELIEF PURSUANT TO HIS OR HER STAT-
 UTORY OR COMMON LAW AUTHORITY.
   11.  MONEYS  FOR  ACTIONS  TAKEN OR TO BE TAKEN BY THE DEPARTMENT, THE
 DEPARTMENT OF HEALTH OR ANY OTHER STATE AGENCY PURSUANT  TO  THIS  TITLE
 SHALL  BE  PAYABLE  DIRECTLY  TO  SUCH  AGENCIES FROM THE DRINKING WATER
 RESPONSE ACCOUNT PURSUANT TO SECTION NINETY-SEVEN-B OF THE STATE FINANCE
 LAW.
   12. A. EVERY PERSON SHALL, UPON THE WRITTEN REQUEST OF THE COMMISSION-
 ER OR A DESIGNEE, PERMIT A DULY DESIGNATED OFFICER OR  EMPLOYEE  OF  THE
 DEPARTMENT  AT  ALL  REASONABLE  TIMES TO HAVE ACCESS TO AND TO COPY ALL
 BOOKS, PAPERS, DOCUMENTS AND RECORDS PERTINENT TO  AN  ONGOING  INVESTI-
 GATION  OF DRINKING WATER CONTAMINATION IDENTIFIED IN SECTION 27-1203 OF
 THIS TITLE.
   B. THE COMMISSIONER MAY SIGN AND ISSUE SUBPOENAS IN THE  NAME  OF  THE
 DEPARTMENT  REQUIRING  THE  PRODUCTION  OF  BOOKS, PAPERS, DOCUMENTS AND
 OTHER RECORDS AND MAY TAKE TESTIMONY BY DEPOSITIONS UNDER  OATH  OF  ANY
 PERSON RELATING TO THE ONGOING INVESTIGATION OF A DRINKING WATER CONTAM-
 INATION  IDENTIFIED  IN THIS TITLE. SUCH SUBPOENAS AND DEPOSITIONS SHALL
 BE REGULATED BY THE STATE OF NEW YORK'S CIVIL PRACTICE  LAW  AND  RULES.
 THE COMMISSIONER MAY INVOKE THE POWERS OF THE SUPREME COURT OF THE STATE
 OF  NEW  YORK TO COMPEL COMPLIANCE WITH ANY SUCH SUBPOENA OR ANY REQUEST
 TO TAKE SUCH DEPOSITIONS.
   C. WHEN THE DEPARTMENT HAS SUBSTANTIAL  EVIDENCE  THAT  SUCH  DRINKING
 WATER CONTAMINATION SITE IS CAUSING OR SUBSTANTIALLY CONTRIBUTING TO THE

 S. 2007--B                         122                        A. 3007--B
 
 CONTAMINATION  OF  DRINKING  WATER, AND SUBJECT TO THE APPLICABLE NOTICE
 PROVISIONS SET FORTH IN PARAGRAPH D OF THIS SUBDIVISION, ANY DULY DESIG-
 NATED OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR OF ANY STATE AGENCY, AND
 ANY AGENT, CONSULTANT, CONTRACTOR, OR OTHER PERSON, INCLUDING AN EMPLOY-
 EE,  AGENT,  CONSULTANT, OR CONTRACTOR OF A RESPONSIBLE PERSON ACTING AT
 THE DIRECTION OF THE DEPARTMENT, SO AUTHORIZED IN WRITING BY THE COMMIS-
 SIONER, MAY ENTER ANY DRINKING WATER CONTAMINATION SITE AND  AREAS  NEAR
 SUCH  SITE  AND  INSPECT  AND TAKE SAMPLES OF WASTES, SOIL, AIR, SURFACE
 WATER, AND GROUNDWATER. IN ORDER TO TAKE SUCH SAMPLES, THE DEPARTMENT OR
 AUTHORIZED PERSON MAY UTILIZE OR CAUSE  TO  BE  UTILIZED  SUCH  SAMPLING
 METHODS  AS IT DETERMINES TO BE NECESSARY INCLUDING, BUT NOT LIMITED TO,
 SOIL BORINGS AND MONITORING WELLS.
   D. THE DEPARTMENT OR AUTHORIZED PERSON  SHALL  NOT  TAKE  ANY  SAMPLES
 INVOLVING THE SUBSTANTIAL DISTURBANCE OF THE GROUND SURFACE OF ANY PROP-
 ERTY UNLESS IT HAS MADE A REASONABLE EFFORT TO IDENTIFY THE OWNER OF THE
 PROPERTY AND TO NOTIFY SUCH OWNER OF THE INTENT TO TAKE SUCH SAMPLES. IF
 THE  OWNER  CAN  BE  IDENTIFIED, THE DEPARTMENT SHALL PROVIDE SUCH OWNER
 WITH A MINIMUM OF TEN DAYS' WRITTEN NOTICE OF THE  INTENT,  UNLESS  SUCH
 OWNERS  AND  OCCUPANTS CONSENT TO AN EARLIER DATE, TO TAKE SUCH SAMPLES,
 UNLESS THE COMMISSIONER MAKES A WRITTEN DETERMINATION THAT SUCH TEN  DAY
 NOTICE  WILL  NOT  ALLOW  THE  DEPARTMENT  TO PROTECT THE ENVIRONMENT OR
 PUBLIC HEALTH, IN WHICH CASE TWO DAYS' WRITTEN NOTICE  SHALL  BE  SUFFI-
 CIENT.  ANY  INSPECTION  OF THE PROPERTY AND EACH SUCH TAKING OF SAMPLES
 SHALL TAKE  PLACE  AT  REASONABLE  TIMES  AND  SHALL  BE  COMMENCED  AND
 COMPLETED  WITH  REASONABLE PROMPTNESS. IF ANY OFFICER, EMPLOYEE, AGENT,
 CONSULTANT, CONTRACTOR, OR OTHER PERSON SO AUTHORIZED IN WRITING BY  THE
 COMMISSIONER  OBTAINS  ANY  SAMPLES PRIOR TO LEAVING THE PREMISES, HE OR
 SHE SHALL GIVE TO THE OWNER OR OPERATOR A RECEIPT DESCRIBING THE  SAMPLE
 OBTAINED  AND, IF REQUESTED, A PORTION OF SUCH SAMPLE EQUAL IN VOLUME OR
 WEIGHT TO THE PORTION RETAINED. IF ANY ANALYSIS IS MADE OF SUCH SAMPLES,
 A COPY OF THE RESULTS OF SUCH ANALYSIS SHALL BE  FURNISHED  PROMPTLY  TO
 THE  OWNER  OR OPERATOR. UPON THE COMPLETION OF ALL SAMPLING ACTIVITIES,
 THE DEPARTMENT OR  AUTHORIZED  PERSON  SHALL  REMOVE,  OR  CAUSE  TO  BE
 REMOVED,  ALL EQUIPMENT AND WELL MACHINERY AND RETURN THE GROUND SURFACE
 OF THE PROPERTY TO ITS CONDITION PRIOR  TO  SUCH  SAMPLING,  UNLESS  THE
 DEPARTMENT  OR  AUTHORIZED  PERSON,  AND THE OWNER OF THE PROPERTY SHALL
 OTHERWISE AGREE.
   E. THE EXPENSE OF ANY SUCH MITIGATION BY THE DEPARTMENT OR THE DEPART-
 MENT OF HEALTH SHALL BE PAID BY THE DRINKING WATER RESPONSE ACCOUNT, BUT
 MAY BE RECOVERED FROM ANY RESPONSIBLE PERSON IN ANY ACTION OR PROCEEDING
 BROUGHT PURSUANT TO THE STATE FINANCE LAW, THIS TITLE,  OTHER  STATE  OR
 FEDERAL STATUTE, OR COMMON LAW IF THE PERSON SO AUTHORIZED IN WRITING IS
 AN  EMPLOYEE,  AGENT,  CONSULTANT, OR CONTRACTOR OF A RESPONSIBLE PERSON
 ACTING AT THE DIRECTION OF THE DEPARTMENT, THEN THE EXPENSE OF ANY  SUCH
 SAMPLING AND ANALYSIS SHALL BE PAID BY THE RESPONSIBLE PERSON.
   F.  ANY  DULY  DESIGNATED OFFICER OR EMPLOYEE OF THE DEPARTMENT OR ANY
 OTHER STATE AGENCY, AND ANY  AGENT,  CONSULTANT,  CONTRACTOR,  OR  OTHER
 PERSON  ACTING AT THE DIRECTION OF THE DEPARTMENT, AUTHORIZED IN WRITING
 BY THE COMMISSIONER, MAY ENTER ANY DRINKING WATER CONTAMINATION SITE AND
 AREAS NEAR SUCH SITE TO UNDERTAKE ALL  REASONABLE  AND  NECESSARY  MITI-
 GATION AND REMEDIATION FOR SUCH SITE, PROVIDED: (A) THE COMMISSIONER HAS
 SENT  A WRITTEN NOTICE TO THE OWNERS OF RECORD OR ANY KNOWN OCCUPANTS OF
 SUCH SITE OR NEARBY AREAS OF THE INTENDED ENTRY AND WORK  AT  LEAST  TEN
 DAYS  PRIOR  TO  SUCH  INITIAL  ENTRY  UNLESS  SUCH OWNERS AND OCCUPANTS
 CONSENT TO AN EARLIER DATE;  AND  (B)  THE  DEPARTMENT  HAS  SUBSTANTIAL
 EVIDENCE  THAT  SUCH  DRINKING  WATER  CONTAMINATION  SITE IS CAUSING OR

 S. 2007--B                         123                        A. 3007--B
 
 SUBSTANTIALLY CONTRIBUTING TO THE CONTAMINATION OF  DRINKING  WATER.  IN
 THE  EVENT THE COMMISSIONER OF HEALTH MAKES A WRITTEN DETERMINATION THAT
 SUCH TEN DAY NOTICE WILL NOT BE SUFFICIENT TO PROTECT PUBLIC HEALTH, TWO
 DAYS' WRITTEN NOTICE SHALL BE SUFFICIENT.
 § 27-1207. USE  AND  REPORTING OF THE SOLID WASTE MITIGATION ACCOUNT AND
              THE DRINKING WATER RESPONSE ACCOUNT.
   1. PURSUANT TO THE CLEAN WATER  INFRASTRUCTURE  ACT  OF  TWO  THOUSAND
 SEVENTEEN AND WITHIN THE UP TO ONE HUNDRED THIRTY MILLION DOLLARS APPRO-
 PRIATED FOR SUCH PURPOSES, MITIGATION AND REMEDIATION EFFORTS TO ADDRESS
 PUBLIC DRINKING WATER CONTAMINATION FROM EMERGING CONTAMINANTS AND SOLID
 WASTE  SITES  CAUSING  OR  SUBSTANTIALLY  CONTRIBUTING TO DRINKING WATER
 IMPAIRMENT THAT IMPACTS PUBLIC HEALTH MAY  BE  CONDUCTED  IN  ACCORDANCE
 WITH THIS TITLE.
   2.  THE  SOLID WASTE MITIGATION ACCOUNT SHALL BE MADE AVAILABLE TO THE
 DEPARTMENT AND THE DEPARTMENT OF HEALTH, AS APPLICABLE, FOR THE  FOLLOW-
 ING PURPOSES:
   A. ENUMERATION AND ASSESSMENT OF SOLID WASTE SITES;
   B.  INVESTIGATION  AND  ENVIRONMENTAL  CHARACTERIZATION OF SOLID WASTE
 SITES, INCLUDING ENVIRONMENTAL SAMPLING;
   C. MITIGATION AND REMEDIATION OF SOLID WASTE SITES;
   D. MONITORING OF SOLID WASTE SITES; AND
   E. ADMINISTRATION AND  ENFORCEMENT  OF  THE  REQUIREMENTS  OF  SECTION
 27-1203 OF THIS TITLE.
   3.  THE DRINKING WATER RESPONSE ACCOUNT SHALL BE MADE AVAILABLE TO THE
 DEPARTMENT AND THE DEPARTMENT OF HEALTH, AS APPLICABLE, FOR THE  FOLLOW-
 ING PURPOSES:
   A. MITIGATION OF DRINKING WATER CONTAMINATION;
   B. INVESTIGATION OF DRINKING WATER CONTAMINATION;
   C. REMEDIATION OF DRINKING WATER CONTAMINATION; AND
   D.  ADMINISTRATION  AND  ENFORCEMENT OF THE REQUIREMENTS OF THIS TITLE
 EXCEPT THE PROVISIONS OF SECTION 27-1203.
   4. ON OR BEFORE JULY FIRST, TWO THOUSAND NINETEEN AND  JULY  FIRST  OF
 EACH  SUCCEEDING  YEAR, THE DEPARTMENT SHALL REPORT ON THE STATUS OF THE
 PROGRAMS.
 § 27-1209. RULES AND REGULATIONS.
   THE DEPARTMENT SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY  AND
 APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS TITLE AND SHALL AT A MINI-
 MUM  INCLUDE  SUCH  PROVISIONS  FOR REQUISITE DUE PROCESS AND MEANINGFUL
 PUBLIC PARTICIPATION AS ARE APPROPRIATE TO ANY ACTION UNDERTAKEN  PURSU-
 ANT  TO  THIS  TITLE, TAKING INTO CONSIDERATION THE NATURE AND DEGREE OF
 ANY PUBLIC HEALTH IMPACTS AND THE URGENCY OF ANY NEED FOR  INVESTIGATION
 OR REMEDIATION OF CONTAMINATION.
 § 27-1211. PROTECTION  AGAINST  LIABILITY  AND  LIABILITY EXEMPTIONS AND
              DEFENSES.
   IN ADDITION TO COMMON LAW DEFENSES, THE PROVISIONS OF SECTIONS 27-1321
 AND 27-1323 OF THIS ARTICLE SHALL APPLY TO A SOLID WASTE  SITE  THAT  IS
 CAUSING  OR SUBSTANTIALLY CONTRIBUTING TO CONTAMINATION OF PUBLIC DRINK-
 ING WATER SUPPLIES OR A DRINKING WATER CONTAMINATION  SITE  PURSUANT  TO
 THIS  TITLE  AND  SHALL  APPLY  TO EMERGING CONTAMINANTS IN THE SAME WAY
 APPLICABLE TO HAZARDOUS MATERIALS AND HAZARDOUS WASTES.
   § 5. Subdivisions 1, 2 and 6 and paragraphs (i) and (j) of subdivision
 3 of section 97-b of the state finance law, subdivision 1 as amended and
 paragraph (j) of subdivision 3 as added by section 4 of part I of  chap-
 ter 1 of the laws of 2003, subdivision 2 as amended by section 5 of part
 X  of  chapter 58 of the laws of 2015, paragraph (i) of subdivision 3 as
 amended by section 1 of part R of chapter 59 of the laws of 2007, subdi-

 S. 2007--B                         124                        A. 3007--B
 
 vision 6 as amended by chapter 38 of the laws of 1985, are  amended  and
 two  new  paragraphs  (k)  and (l) are added to subdivision 3 to read as
 follows:
   1. There is hereby established in the custody of the state comptroller
 a nonlapsing revolving fund to be known as the "hazardous waste remedial
 fund",  which  shall  consist  of a "site investigation and construction
 account", an "industry fee transfer account", an "environmental restora-
 tion project  account",  "hazardous  waste  cleanup  account",  [and]  a
 "hazardous  waste  remediation  oversight  and  assistance  account" , A
 "SOLID  WASTE  MITIGATION  ACCOUNT",  AND  A  "DRINKING  WATER  RESPONSE
 ACCOUNT".
   2. Such fund shall consist of all of the following:
   (a)  moneys appropriated for transfer to the fund's site investigation
 and construction account; (b) all fines and other  sums  accumulated  in
 the fund prior to April first, nineteen hundred eighty-eight pursuant to
 section 71-2725 of the environmental conservation law for deposit in the
 fund's  site  investigation  and  construction  account;  (c) all moneys
 collected or received by the department of taxation and finance pursuant
 to section 27-0923 of the environmental conservation law for deposit  in
 the  fund's  industry fee transfer account; (d) all moneys paid into the
 fund pursuant to section 72-0201 of the environmental  conservation  law
 which  shall  be  deposited in the fund's industry fee transfer account;
 (e) all moneys paid into the fund pursuant to paragraph (b) of  subdivi-
 sion  one  of section one hundred eighty-six of the navigation law which
 shall be deposited in the fund's industry fee transfer account; (f)  all
 [monies] MONEYS recovered under sections 56-0503, 56-0505 and 56-0507 of
 the  environmental conservation law into the fund's environmental resto-
 ration project account; (g) all fees paid  into  the  fund  pursuant  to
 section  72-0402  of  the  environmental conservation law which shall be
 deposited in the fund's industry  fee  transfer  account;  (h)  payments
 received  for all state costs incurred in negotiating and overseeing the
 implementation of brownfield site cleanup agreements pursuant  to  title
 fourteen  of  article twenty-seven of the environmental conservation law
 shall be deposited in the  hazardous  waste  remediation  oversight  and
 assistance account; (I) ALL MONEYS RECOVERED PURSUANT TO TITLE TWELVE OF
 ARTICLE  TWENTY-SEVEN  OF  THE  ENVIRONMENTAL  CONSERVATION LAW INTO THE
 FUND'S DRINKING WATER RESPONSE ACCOUNT; and [(i)] (J) other moneys cred-
 ited or transferred thereto from any other fund or source for deposit in
 the fund's site investigation and construction account.
   (i) with respect to moneys in the hazardous  waste  remediation  over-
 sight and assistance account, non-bondable costs associated with hazard-
 ous  waste  remediation  projects. Such costs shall be limited to agency
 staff costs associated with the administration of state  assistance  for
 brownfield  opportunity areas pursuant to section nine hundred seventy-r
 of the general municipal law, agency staff  costs  associated  with  the
 administration  of  technical assistance grants pursuant to titles thir-
 teen and fourteen of article twenty-seven of the environmental conserva-
 tion law, and costs of  the  department  of  environmental  conservation
 related  to the geographic information system required by section 3-0315
 of the environmental conservation law; [and]
   (j) with respect to moneys in the hazardous  waste  remediation  over-
 sight  and  assistance  account, technical assistance grants pursuant to
 titles thirteen and fourteen of article  twenty-seven  of  the  environ-
 mental conservation law[.];
   (K) WITH RESPECT TO MONEYS IN THE SOLID WASTE MITIGATION ACCOUNT, WHEN
 ALLOCATED, SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSER-

 S. 2007--B                         125                        A. 3007--B
 
 VATION  TO  UNDERTAKE  MITIGATION  AND  REMEDIATION AS THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION MAY DETERMINE NECESSARY RELATED  TO  A  SOLID
 WASTE SITE PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVI-
 RONMENTAL CONSERVATION LAW WHICH INDICATES THAT CONDITIONS ON SUCH PROP-
 ERTY ARE IMPAIRING DRINKING WATER QUALITY AND TO ENSURE THE PROVISION OF
 SAFE  DRINKING  WATER,  PROVIDED HOWEVER, THAT NO MORE THAN FIVE MILLION
 DOLLARS WILL BE AVAILABLE ANNUALLY FOR SUCH ACCOUNT; AND
   (L) WITH RESPECT TO MONEYS IN THE  DRINKING  WATER  RESPONSE  ACCOUNT,
 WHEN  ALLOCATED,  SHALL  BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, AND TO THE DEPARTMENT OF HEALTH, TO  UNDERTAKE  MITIGATION
 AND  REMEDIATION AS THE DEPARTMENTS MAY DETERMINE NECESSARY RELATED TO A
 DRINKING WATER CONTAMINATION SITE PURSUANT TO TITLE  TWELVE  OF  ARTICLE
 TWENTY-SEVEN  OF THE ENVIRONMENTAL CONSERVATION LAW WHICH INDICATES THAT
 CONDITIONS ON  SUCH  PROPERTY  ARE  IMPAIRING  DRINKING  WATER  QUALITY,
 PROVIDED  HOWEVER,  THAT  NO  MORE  THAN  TWENTY MILLION DOLLARS WILL BE
 AVAILABLE ANNUALLY FOR SUCH ACCOUNT.
   6. The commissioner of the department  of  environmental  conservation
 shall  make  all  reasonable  efforts  to recover the full amount of any
 funds expended from the fund pursuant to paragraph (a) AND PARAGRAPH (L)
 of subdivision three of this section through litigation  or  cooperative
 agreements  with  responsible  persons.  Any and all moneys recovered or
 reimbursed pursuant to this  section  through  voluntary  agreements  or
 court orders shall be deposited with the comptroller and credited to the
 account of such fund from which such expenditures were made.
   §  6.  1.  This  section  shall be known and be cited as the "New York
 State water infrastructure improvement act of 2017".
   2. For purposes of this act:
   a. "water quality infrastructure project" shall mean "sewage treatment
 works" as defined in section 17-1903 of the  environmental  conservation
 law or "eligible project" as defined in paragraphs (a), (b), (c) and (e)
 of subdivision 4 of section 1160 of the public health law.
   b. "construction" shall mean:
   (i) for sewage treatment works, the same as defined in section 17-1903
 of the environmental conservation law; and
   (ii)  for  eligible  projects,  the same meaning as defined in section
 1160 of the public health law.
   c. "municipality" shall mean any county, city, town, village, district
 corporation, county or town improvement district, school district, Indi-
 an nation or tribe recognized by the state or the United States  with  a
 reservation  wholly  or  partly within the boundaries of New York state,
 any public benefit corporation or public authority established  pursuant
 to  the  laws  of  New  York  or  any  agency of New York state which is
 empowered to  construct  and  operate  a  water  quality  infrastructure
 project, or any two or more of the foregoing which are acting jointly in
 connection with a water quality infrastructure project.
    3.  a.  The  environmental facilities corporation shall undertake and
 provide state financial assistance payments, from funds appropriated for
 such purpose, to municipalities in support of water quality  infrastruc-
 ture  projects provided, however, in any such year that funds are appro-
 priated for such purpose, no municipality shall receive more  than  five
 million  dollars  of appropriated funds. Such state financial assistance
 payments shall be awarded only to water quality infrastructure  projects
 for:
   (i) replacement or repair of infrastructure; or
   (ii)  compliance  with  environmental and public health laws and regu-
 lations related to water quality.

 S. 2007--B                         126                        A. 3007--B
 
   b. Any state financial assistance payment awarded pursuant to this act
 shall not exceed seventy-five percent of the project cost.
   c.  A  municipality  may  make an application for such state financial
 assistance payment, in a manner, form and timeframe and containing  such
 information  as  the  environmental  facilities  corporation may require
 provided however, such requirements shall not include a requirement  for
 prior listing on the intended use plan.
   d. A municipality shall not be required to accept environmental facil-
 ities  corporation  loan  financing in order to obtain a state financial
 assistance payment pursuant to this act  if  it  can  provide  proof  of
 having  obtained  similarly  low  cost  financing  or other funding from
 another source.
   e. In awarding such financial  assistance  payments,  the  corporation
 shall  be prohibited from requiring as a condition of receipt, or other-
 wise giving preference to, applicants who agree to  participate  in  the
 design, creation, or implementation of a municipal consolidation plan.
   f.  In awarding such state financial assistance payments, the environ-
 mental facilities corporation shall  consider  and  give  preference  to
 municipalities  that meet the hardship criteria established by the envi-
 ronmental facilities corporation  pursuant  to  section  1285-m  of  the
 public  authorities  law  and projects that result in the greatest water
 quality improvement or greatest reduction  in  serious  risk  to  public
 health.   For the purposes of this act, the hardship criteria of section
 1285-m of the public authorities law shall also apply to  sewage  treat-
 ment  works as defined in section 17-1903 of the environmental conserva-
 tion law.
   g. Water quality infrastructure projects financed with state financial
 assistance made available pursuant to this section shall be  subject  to
 the  requirements  of  article  8  of the labor law, the requirements of
 article 17-B of the executive law and the requirements and provisions of
 all applicable minority- and women-owned  business  mandates  including,
 but not limited to article 15-A of the executive law.
   §  7.  The  public  authorities law is amended by adding a new section
 1285-s to read as follows:
   § 1285-S. NEW YORK STATE INTERMUNICIPAL  WATER  INFRASTRUCTURE  GRANTS
 PROGRAM.  1. FOR PURPOSES OF THIS SECTION:
   (A)  "WATER  QUALITY INFRASTRUCTURE PROJECT" SHALL MEAN "SEWAGE TREAT-
 MENT WORKS" AS DEFINED IN SECTION 17-1903 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW OR "ELIGIBLE PROJECT" AS DEFINED IN PARAGRAPHS  (A),  (B),  (C)
 AND  (E)  OF  SUBDIVISION  FOUR  OF  SECTION ELEVEN HUNDRED SIXTY OF THE
 PUBLIC HEALTH LAW.
   (B) "CONSTRUCTION" SHALL MEAN:
   (I) FOR SEWAGE TREATMENT WORKS, THE SAME MEANING AS DEFINED IN SECTION
 17-1903 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
   (II) FOR ELIGIBLE PROJECTS, THE SAME MEANING AS DEFINED IN SECTION ONE
 THOUSAND ONE HUNDRED SIXTY OF THE PUBLIC HEALTH LAW.
   (C)  "MUNICIPALITY"  SHALL  MEAN  ANY  COUNTY,  CITY,  TOWN,  VILLAGE,
 DISTRICT  CORPORATION,  COUNTY  OR  TOWN  IMPROVEMENT  DISTRICT,  SCHOOL
 DISTRICT, INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE OR  THE  UNITED
 STATES  WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE BOUNDARIES OF NEW
 YORK STATE, ANY PUBLIC BENEFIT CORPORATION OR  PUBLIC  AUTHORITY  ESTAB-
 LISHED  PURSUANT TO THE LAWS OF NEW YORK OR ANY AGENCY OF NEW YORK STATE
 WHICH IS EMPOWERED TO CONSTRUCT  AND  OPERATE  AN  INTERMUNICIPAL  WATER
 QUALITY  INFRASTRUCTURE  PROJECT,  OR  ANY  TWO OR MORE OF THE FOREGOING
 WHICH ARE ACTING JOINTLY IN  CONNECTION  WITH  AN  INTERMUNICIPAL  WATER
 QUALITY INFRASTRUCTURE PROJECT.

 S. 2007--B                         127                        A. 3007--B
 
   2.  (A)  THE  ENVIRONMENTAL FACILITIES CORPORATION SHALL UNDERTAKE AND
 PROVIDE STATE FINANCIAL ASSISTANCE PAYMENTS, FROM FUNDS APPROPRIATED FOR
 SUCH PURPOSE, TO MUNICIPALITIES IN SUPPORT OF INTERMUNICIPAL WATER QUAL-
 ITY INFRASTRUCTURE PROJECTS PROVIDED, HOWEVER, IN  ANY  SUCH  YEAR  THAT
 FUNDS  ARE  APPROPRIATED FOR SUCH PURPOSE, EACH PROJECT SHALL RECEIVE AN
 AWARD OF UP TO TEN MILLION DOLLARS OF APPROPRIATED FUNDS; PROVIDED  THAT
 SUCH  MONIES  SHALL  NOT EXCEED SIXTY PERCENT OF THE TOTAL PROJECT COST;
 AND PROVIDED FURTHER THAT THE TOTAL STATE FINANCIAL  ASSISTANCE  PAYMENT
 FOR THE PROJECT DOES NOT REPRESENT A DISPROPORTIONATE SHARE OF THE TOTAL
 AMOUNT OF AVAILABLE FUNDING IN ANY GIVEN YEAR.
   (B)  INTERMUNICIPAL  WATER QUALITY INFRASTRUCTURE PROJECTS SHALL SERVE
 MULTIPLE MUNICIPALITIES AND MAY INCLUDE A SHARED WATER  QUALITY  INFRAS-
 TRUCTURE  PROJECT OR INTERCONNECTION OF MULTIPLE MUNICIPAL WATER QUALITY
 INFRASTRUCTURE PROJECTS AND SHALL  BE  AWARDED  ONLY  TO  WATER  QUALITY
 INFRASTRUCTURE PROJECTS FOR:
   (I)  CONSTRUCTION,  REPLACEMENT  OR REPAIR OF INFRASTRUCTURE PROVIDED,
 HOWEVER, THAT SUCH ASSISTANCE SHALL NOT BE AWARDED FOR  CONSTRUCTION  TO
 EXCLUSIVELY SUPPORT RESIDENTIAL OR COMMERCIAL DEVELOPMENT; OR
   (II)  COMPLIANCE  WITH  ENVIRONMENTAL AND PUBLIC HEALTH LAWS AND REGU-
 LATIONS RELATED TO WATER QUALITY.
   (C) COOPERATING MUNICIPALITIES MAY MAKE AN APPLICATION FOR AN INTERMU-
 NICIPAL WATER INFRASTRUCTURE GRANT, IN A MANNER, FORM AND TIMEFRAME  AND
 CONTAINING  SUCH INFORMATION AS THE ENVIRONMENTAL FACILITIES CORPORATION
 MAY REQUIRE PROVIDED HOWEVER, SUCH  REQUIREMENTS  SHALL  NOT  INCLUDE  A
 REQUIREMENT FOR PRIOR LISTING ON THE INTENDED USE PLAN.
   (D)  COOPERATING  MUNICIPALITIES SHALL NOT BE REQUIRED TO ACCEPT ENVI-
 RONMENTAL FACILITIES CORPORATION LOAN FINANCING IN  ORDER  TO  OBTAIN  A
 STATE  FINANCIAL  ASSISTANCE  PAYMENT PURSUANT TO THIS SECTION IF IT CAN
 PROVIDE PROOF OF HAVING OBTAINED SIMILARLY LOW COST FINANCING  OR  OTHER
 FUNDING FROM ANOTHER SOURCE.
   (E)  IN  AWARDING FINANCIAL ASSISTANCE PAYMENTS, THE CORPORATION SHALL
 BE PROHIBITED FROM REQUIRING AS A CONDITION  OF  RECEIPT,  OR  OTHERWISE
 GIVING PREFERENCE TO, APPLICANTS WHO AGREE TO PARTICIPATE IN THE DESIGN,
 CREATION, OR IMPLEMENTATION OF A MUNICIPAL CONSOLIDATION PLAN.
   3.  INTERMUNICIPAL WATER QUALITY INFRASTRUCTURE PROJECTS FINANCED WITH
 STATE FINANCIAL ASSISTANCE MADE AVAILABLE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE  LABOR  LAW,  THE
 REQUIREMENTS  OF  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW  AND THE
 REQUIREMENTS AND PROVISIONS OF ALL APPLICABLE MINORITY- AND  WOMEN-OWNED
 BUSINESS MANDATES INCLUDING, BUT NOT LIMITED TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW.
   §  8.  The  public  authorities law is amended by adding a new section
 1285-t to read as follows:
   § 1285-T. WATER INFRASTRUCTURE EMERGENCY FINANCIAL ASSISTANCE.  1. FOR
 PURPOSES OF THIS SECTION, "MUNICIPALITY" MEANS ANY COUNTY,  CITY,  TOWN,
 VILLAGE,  DISTRICT  CORPORATION,  COUNTY  OR  TOWN IMPROVEMENT DISTRICT,
 SCHOOL DISTRICT, INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE  OR  THE
 UNITED  STATES WITH A RESERVATION WHOLLY OR PARTLY WITHIN THE BOUNDARIES
 OF NEW YORK STATE, ANY PUBLIC BENEFIT CORPORATION  OR  PUBLIC  AUTHORITY
 ESTABLISHED  PURSUANT  TO THE LAWS OF NEW YORK OR ANY AGENCY OF NEW YORK
 STATE WHICH IS EMPOWERED TO CONSTRUCT AND OPERATE A WASTEWATER OR DRINK-
 ING WATER INFRASTRUCTURE PROJECT, OR ANY TWO OR MORE  OF  THE  FOREGOING
 WHICH ARE ACTING JOINTLY IN CONNECTION WITH SUCH A PROJECT.
   2. UPON A MUNICIPALITY'S FORMAL DECLARATION OF AN EMERGENCY, THE MUNI-
 CIPALITY  SHALL  PROVIDE THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OR
 THE DEPARTMENT OF HEALTH, AS APPROPRIATE, WITH INFORMATION TO ASSESS ANY

 S. 2007--B                         128                        A. 3007--B
 
 SITUATION IN WHICH THE STATE OF THE MUNICIPALITY'S WASTEWATER  OR  WATER
 INFRASTRUCTURE  IS CAUSING OR MAY CAUSE AN IMMINENT HAZARD TO THE PUBLIC
 HEALTH OR WELFARE, OR THE ENVIRONMENT. AFTER ITS ASSESSMENT,  IF  EITHER
 DEPARTMENT  DETERMINES  THE  STATE OF THE INFRASTRUCTURE IS RESULTING OR
 MAY RESULT IN IMMINENT HAZARD TO THE PUBLIC HEALTH OR WELFARE, OR TO THE
 ENVIRONMENT, THE CORPORATION SHALL PROVIDE TEMPORARY  EMERGENCY  ASSIST-
 ANCE,  WITHIN AMOUNTS APPROPRIATED, TO THE MUNICIPALITY IN AN AMOUNT NOT
 TO EXCEED REASONABLE COSTS FOR INFRASTRUCTURE CONSTRUCTION, REPLACEMENT,
 OR REPAIR, AND RELATED ENGINEERING COSTS, THAT IS IMMEDIATELY  NECESSARY
 TO ELIMINATE OR SUBSTANTIALLY REDUCE SUCH HAZARD.
   3.  THE CORPORATION AND THE MUNICIPALITY SHALL ENTER INTO AN AGREEMENT
 SIGNED BY AN OFFICER DULY AUTHORIZED BY THE GOVERNING BODY OF THE  MUNI-
 CIPALITY  PURSUANT  TO  WHICH  THE  CORPORATION SHALL TRANSMIT EMERGENCY
 FINANCIAL ASSISTANCE IN AN AMOUNT DETERMINED BY THE DEPARTMENT OF  ENVI-
 RONMENTAL  CONSERVATION  OR  THE DEPARTMENT OF HEALTH, AS APPLICABLE, AS
 NECESSARY TO ADDRESS THE IMMINENT HAZARD, AND SHALL PROVIDE THE  ASSIST-
 ANCE  PAYMENT TO THE MUNICIPALITY WITHIN TWO BUSINESS DAYS OF RECEIPT OF
 SUCH DETERMINATION. THE MUNICIPALITY SHALL SUBMIT AN ITEMIZED COST ESTI-
 MATE FROM THE MUNICIPALITY'S ENGINEER OR ENGINEERING CONSULTANT  TO  THE
 APPLICABLE DEPARTMENT SUFFICIENT TO MAKE SUCH DETERMINATION.
   4.  NO  LATER THAN FOURTEEN DAYS AFTER THE CESSATION OF THE EMERGENCY,
 THE MUNICIPALITY SHALL PROVIDE TO THE CORPORATION DOCUMENTATION FOR  ALL
 COSTS  PAID  WITH THE EMERGENCY ASSISTANCE AND REFUND TO THE CORPORATION
 ANY PORTION OF THE FINANCIAL ASSISTANCE NOT USED OR COMMITTED TO PAY FOR
 THE CONSTRUCTION, REPLACEMENT, OR REPAIR AND RELATED  ENGINEERING  COSTS
 DETERMINED TO BE NECESSARY UNDER SUBDIVISION ONE OF THIS SECTION.
   5. SUBJECT TO APPROPRIATION OR DULY AUTHORIZED INDEBTEDNESS, THE MUNI-
 CIPALITY  SHALL  REPAY THE CORPORATION WITHIN ONE YEAR OF ITS RECEIPT OF
 EMERGENCY FINANCIAL  ASSISTANCE  THE  FULL  AMOUNT  OF  SUCH  ASSISTANCE
 PROVIDED  TO  IT UNDER THIS SECTION. THE CORPORATION MAY EXTEND THE TIME
 TO REPAY FOR UP TO ONE ADDITIONAL YEAR IF THE CORPORATION DETERMINES  IN
 ITS  SOLE  DISCRETION  THAT  SUCH  AN  EXTENSION  IS WARRANTED UNDER THE
 CIRCUMSTANCES.
   6. NOTHING IN THIS SECTION NULLIFIES THE ELIGIBILITY OF A MUNICIPALITY
 FOR OTHER INFRASTRUCTURE FUNDING, INCLUDING GRANT, WHICH MAY BE PROVIDED
 BY THE STATE FOR WATER INFRASTRUCTURE DIRECTLY RELATED  TO  THE  INFRAS-
 TRUCTURE  FOR WHICH EMERGENCY FINANCIAL ASSISTANCE IS AWARDED UNDER THIS
 SECTION, INCLUDING FUNDING THE MUNICIPALITY COULD USE TO REPAY THE EMER-
 GENCY FINANCIAL ASSISTANCE. IF  THE  MUNICIPALITY  RECEIVES  SUCH  OTHER
 FUNDING  FROM  THE  STATE OR ANY FINANCIAL ASSISTANCE FROM A THIRD PARTY
 FOR THE SAME INFRASTRUCTURE, THE  MUNICIPALITY  SHALL  WITHIN  TEN  DAYS
 FIRST  REPAY  THE  CORPORATION  THE OUTSTANDING BALANCE OF THE EMERGENCY
 FINANCIAL ASSISTANCE BEFORE PAYING ANY REMAINING  COSTS  FOR  THE  WATER
 INFRASTRUCTURE.
   §  9.  The  public  authorities law is amended by adding a new section
 1285-u to read as follows:
   § 1285-U.  SEPTIC  SYSTEM  REPLACEMENT  FUND.    1.  DEFINITIONS.  FOR
 PURPOSES OF THIS SECTION:
   (A)  "CESSPOOL" MEANS A DRYWELL THAT RECEIVES UNTREATED SANITARY WASTE
 CONTAINING HUMAN EXCRETA, WHICH SOMETIMES  HAS  AN  OPEN  BOTTOM  AND/OR
 PERFORATED SIDES.
   (B)  "FUND"  MEANS THE STATE SEPTIC SYSTEM REPLACEMENT FUND CREATED BY
 THIS SECTION.
   (C) "PARTICIPATING COUNTY" MEANS A COUNTY  THAT  NOTIFIES  THE  CORPO-
 RATION THAT IT SEEKS AUTHORITY TO ADMINISTER A SEPTIC SYSTEM REPLACEMENT
 PROGRAM  WITHIN  ITS  MUNICIPAL  BOUNDARIES  AND  AGREES TO ABIDE BY THE

 S. 2007--B                         129                        A. 3007--B
 
 PROGRAM'S GOALS, GUIDELINES, ELIGIBILITY REQUIREMENTS AND  REIMBURSEMENT
 PROCEDURES  AND PROVIDE INFORMATION TO PROPERTY OWNERS REGARDING PROGRAM
 PARAMETERS INCLUDING ELIGIBILITY CRITERIA.
   (D)  "SEPTIC  SYSTEM"  MEANS  A SYSTEM THAT PROVIDES FOR THE TREATMENT
 AND/OR DISPOSITION OF THE COMBINATION OF HUMAN AND SANITARY  WASTE  WITH
 WATER  NOT  EXCEEDING  ONE  THOUSAND  GALLONS  PER DAY, SERVING A SINGLE
 PARCEL OF LAND, INCLUDING RESIDENCES AND SMALL BUSINESSES.
   (E) "SEPTIC SYSTEM PROJECT" MEANS THE REPLACEMENT OF A CESSPOOL WITH A
 SEPTIC SYSTEM, THE INSTALLATION, REPLACEMENT  OR  UPGRADE  OF  A  SEPTIC
 SYSTEM  OR  SEPTIC SYSTEM COMPONENTS, OR INSTALLATION OF ENHANCED TREAT-
 MENT TECHNOLOGIES, INCLUDING AN ADVANCED  NITROGEN  REMOVAL  SYSTEM,  TO
 SIGNIFICANTLY AND QUANTIFIABLY REDUCE ENVIRONMENTAL AND/OR PUBLIC HEALTH
 IMPACTS  ASSOCIATED  WITH  EFFLUENT  FROM A CESSPOOL OR SEPTIC SYSTEM TO
 GROUNDWATER USED AS DRINKING WATER,  OR  A  THREATENED  OR  AN  IMPAIRED
 WATERBODY.
   (F)  "SMALL  BUSINESS"  MEANS  ANY  BUSINESS WHICH IS RESIDENT IN THIS
 STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD,  AND
 EMPLOYING NOT MORE THAN ONE HUNDRED INDIVIDUALS.
   2.  (A)  THERE  IS  HEREBY CREATED THE STATE SEPTIC SYSTEM REPLACEMENT
 FUND, WHICH SHALL BE ADMINISTERED BY THE CORPORATION TO REIMBURSE  PROP-
 ERTY  OWNERS  FOR UP TO FIFTY PERCENT OF THE ELIGIBLE COSTS INCURRED FOR
 ELIGIBLE SEPTIC SYSTEM PROJECTS, PROVIDED THAT NO PROPERTY  OWNER  SHALL
 BE REIMBURSED MORE THAN TEN THOUSAND DOLLARS.
   (B) ELIGIBLE COSTS INCLUDE DESIGN AND INSTALLATION COSTS, AND COSTS OF
 THE  SYSTEM,  SYSTEM COMPONENTS, OR ENHANCED TREATMENT TECHNOLOGIES, BUT
 SHALL NOT INCLUDE COSTS ASSOCIATED WITH ROUTINE MAINTENANCE  SUCH  AS  A
 PUMP OUT OF A SEPTIC TANK.
   (C) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH
 THE DEPARTMENT OF HEALTH AND PARTICIPATING COUNTIES, SHALL FROM THE LIST
 OF  PARTICIPATING  COUNTIES  ESTABLISH PRIORITY GEOGRAPHIC AREAS AND, IN
 THE ABSENCE OF  COUNTY  INFORMATION,  IDENTIFY  ELIGIBLE  SEPTIC  SYSTEM
 PROJECTS,  BASED  ON AN AREA'S VULNERABILITY TO CONTAMINATION, INCLUDING
 THE PRESENCE OF A SOLE SOURCE AQUIFER, OR KNOWN  WATER  QUALITY  IMPAIR-
 MENT,  POPULATION  DENSITY, SOILS, HYDROGEOLOGY, CLIMATE, AND REASONABLE
 ABILITY FOR SEPTIC SYSTEM PROJECTS TO MITIGATE  WATER  QUALITY  IMPACTS.
 THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION MAY DELEGATE TO A PARTIC-
 IPATING COUNTY THE IDENTIFICATION  OF  PRIORITY  GEOGRAPHIC  AREAS.  THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH PARTIC-
 IPATING COUNTIES IN WHICH PRIORITY AREAS  HAVE  BEEN  IDENTIFIED,  SHALL
 DETERMINE  THE  AMOUNT  OF  MONEY  FROM  THE FUND TO BE PROVIDED TO EACH
 PARTICIPATING COUNTY BASED ON DENSITY, DEMAND FOR REIMBURSEMENT FROM THE
 FUND AND THE CRITERIA USED TO ESTABLISH THE PRIORITY  GEOGRAPHIC  AREAS.
 THE CORPORATION SHALL PUBLISH INFORMATION, APPLICATION FORMS, PROCEDURES
 AND  GUIDELINES  RELATING  TO THE PROGRAM ON ITS WEBSITE AND IN A MANNER
 THAT IS ACCESSIBLE TO THE PUBLIC.
   (D) THE CORPORATION SHALL PROVIDE STATE FINANCIAL ASSISTANCE  PAYMENTS
 FROM THE FUND, FROM MONEYS APPROPRIATED BY THE LEGISLATURE AND AVAILABLE
 FOR  THAT  PURPOSE,  TO  PARTICIPATING  COUNTIES  TO ADMINISTER A SEPTIC
 SYSTEM REPLACEMENT PROGRAM TO  SUPPORT  SEPTIC  SYSTEM  PROJECTS  WITHIN
 THEIR  MUNICIPAL  BOUNDARIES  UNDERTAKEN BY PROPERTY OWNERS WITHIN THEIR
 MUNICIPAL BOUNDARIES. WHERE  SUCH  PROJECT  IS  LOCATED  IN  A  PRIORITY
 GEOGRAPHIC  AREA IDENTIFIED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION AS THREATENED OR IMPAIRED BY NITROGEN, INCLUDING  GROUNDWATER  USED
 AS  DRINKING  WATER,  SUCH  SEPTIC  SYSTEM  PROJECT MUST REDUCE NITROGEN
 LEVELS BY AT LEAST THIRTY PERCENT.

 S. 2007--B                         130                        A. 3007--B
 
   (E) THE CORPORATION SHALL MAKE PAYMENTS  MONTHLY  TO  A  PARTICIPATING
 COUNTY  UPON  THE RECEIPT BY THE CORPORATION OF A CERTIFICATION FROM THE
 PARTICIPATING COUNTY OF THE TOTAL  COSTS  INCURRED  BY  PROPERTY  OWNERS
 WITHIN  ITS  MUNICIPAL  BOUNDARIES FOR SEPTIC SYSTEM PROJECTS WITHIN ITS
 MUNICIPAL BOUNDARIES THAT ARE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND.
   3.  (A) A PARTICIPATING COUNTY SHALL NOTIFY PROPERTY OWNERS WHO MAY BE
 ELIGIBLE TO PARTICIPATE IN THE PROGRAM.  DETERMINATIONS  OF  ELIGIBILITY
 WILL  BE MADE BY THE PARTICIPATING COUNTY BASED ON THE PUBLISHED PROGRAM
 CRITERIA AND CONSIDERATION OF A PROPERTY'S LOCATION  IN  RELATION  TO  A
 WATERBODY, IMPACTS TO GROUNDWATER USED AS DRINKING WATER, AND THE CONDI-
 TION OF THE PROPERTY OWNER'S CURRENT SEPTIC SYSTEM AS DETERMINED BY:
   (I) THE COUNTY HEALTH DEPARTMENT OFFICIAL; OR
   (II)  OTHER  DESIGNATED  AUTHORITY  HAVING  JURISDICTION,  PURSUANT TO
 SEPTIC INSPECTIONS REQUIRED BY A MUNICIPAL SEPARATE STORM  SEWER  SYSTEM
 PERMIT; OR
   (III)  A  SEPTIC CONTRACTOR PURSUANT TO THE APPLICABLE COUNTY SANITARY
 CODE.
   (B) AN OWNER OF PROPERTY SERVED BY A SEPTIC  SYSTEM  OR  CESSPOOL  MAY
 APPLY  TO  A PARTICIPATING COUNTY ON AN APPLICATION SUBSTANTIALLY IN THE
 FORM PROVIDED BY THE CORPORATION.
   (C) PROPERTY OWNERS IN PARTICIPATING COUNTIES MUST HAVE SIGNED A PROP-
 ERTY OWNER PARTICIPATION AGREEMENT WITH THE COUNTY BEFORE THE  START  OF
 THE  DESIGN  PHASE  TO  BE ELIGIBLE FOR REIMBURSEMENT FROM THE FUND. THE
 AGREEMENT MUST BE SUBSTANTIALLY IN THE FORM PROVIDED BY THE  CORPORATION
 AND INCLUDE, WITHOUT LIMITATION, THE PROGRAM'S GOALS, GUIDELINES, ELIGI-
 BILITY REQUIREMENTS AND REIMBURSEMENT PROCEDURES.
   (D)  A PROPERTY OWNER MAY APPLY FOR REIMBURSEMENT OF ELIGIBLE COSTS BY
 SUBMITTING TO THE  PARTICIPATING  COUNTY  A  REIMBURSEMENT  APPLICATION,
 WHICH MUST INCLUDE AT LEAST:
   (I) A SIGNED PROPERTY OWNER PARTICIPATION AGREEMENT;
   (II)  A  COMPLETED REIMBURSEMENT APPLICATION FORM SUBSTANTIALLY IN THE
 FORM PROVIDED BY THE CORPORATION;
   (III) ANY APPLICABLE DESIGN APPROVAL FOR THE SEPTIC SYSTEM PROJECT;
   (IV) DESCRIPTION OF ALL WORK COMPLETED; AND
   (V) COST DOCUMENTATION AND INVOICE OR INVOICES FOR ELIGIBLE COSTS.
   (E) PARTICIPATING COUNTIES WILL BE  RESPONSIBLE  FOR  REVIEWING  THEIR
 PROPERTY  OWNERS'  APPLICATIONS  AND APPROVING, MODIFYING OR DENYING THE
 REIMBURSEMENT REQUESTS AS APPROPRIATE AND ISSUING REIMBURSEMENT PAYMENTS
 TO PROPERTY OWNERS FROM FINANCIAL ASSISTANCE PAYMENTS MADE TO THE COUNTY
 FROM THE FUND.
   (F) PARTICIPATION IN THIS PROGRAM AND THE RECEIPT  OF  PAYMENTS  SHALL
 NOT  PREVENT PARTICIPATING COUNTIES FROM PROVIDING ADDITIONAL REIMBURSE-
 MENT TO PROPERTY OWNERS.
   (G) SUBJECT TO THE LIMITATIONS OF PARAGRAPH (D) OF  THIS  SUBDIVISION,
 THE  COUNTY  MAY  SET GRADUATED INCENTIVE REIMBURSEMENT RATES FOR SEPTIC
 SYSTEM PROJECTS TO MAXIMIZE POLLUTION REDUCTION OUTCOMES.
   4. ON OR BEFORE MARCH FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THER-
 EAFTER, THE CORPORATION SHALL SUBMIT  TO  THE  GOVERNOR,  THE  TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT REGARD-
 ING THE PROGRAM. SUCH REPORT SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
 THE  NUMBER  AND AMOUNT OF GRANTS PROVIDED, THE NUMBER AND AMOUNT OF ANY
 GRANTS DENIED, GEOGRAPHIC DISTRIBUTION OF SUCH PROJECTS  AND  ANY  OTHER
 INFORMATION THE CORPORATION DETERMINES USEFUL IN EVALUATING THE BENEFITS
 OF THE PROGRAM.

 S. 2007--B                         131                        A. 3007--B
 
   § 10. Subdivision 4 of section 11-b of the soil and water conservation
 districts law, as amended by chapter 538 of the laws of 1996, is amended
 to read as follows:
   4.  Eligible  costs  that  may  be funded pursuant to this section are
 architectural  and  engineering  services,  plans  and   specifications,
 including  watershed  based  or  individual agricultural nonpoint source
 pollution assessments, consultant and legal services, CONSERVATION EASE-
 MENTS AND ASSOCIATED TRANSACTION COSTS SPECIFIC TO TITLE THIRTY-THREE OF
 ARTICLE FIFTEEN OF THE ENVIRONMENTAL CONSERVATION LAW and  other  direct
 expenses related to project implementation.
   §  11.  Report  on integrated database of infrastructure projects. The
 environmental facilities corporation  shall,  in  cooperation  with  the
 departments  of health and environmental conservation, study and prepare
 a report to the legislature by January 30, 2018, on the  feasibility  of
 establishing,  an  integrated  database  or platform incorporating past,
 present, and ongoing infrastructure projects that have been applied for,
 as well as those which have been funded through grant and loan  programs
 administered  by  the  department  of  environmental  conservation,  the
 department of  health,  and  the  environmental  facilities  corporation
 relating  to  water  quality infrastructure for the purpose of informing
 ongoing and future policy and funding initiatives.
   § 12. Subdivision 1 of section 3-0315 of the  environmental  conserva-
 tion  law,  as  added by section 1 of part C of chapter 1 of the laws of
 2003, is amended to read as follows:
   1. The department IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH shall
 create [or modify an existing] AND  MAINTAIN  A  geographic  information
 system,  [and  maintain  such  system]  AND  ASSOCIATED DATA STORAGE AND
 ANALYTICAL SYSTEMS for purposes OF COLLECTING, STREAMLINING, AND VISUAL-
 IZING INTEGRATED DATA, PERMITS, AND RELEVANT SITES ABOUT DRINKING  WATER
 QUALITY  including,  but not limited to, incorporating [information from
 remedial programs under its jurisdiction, and] SUPPLY WELL AND  MONITOR-
 ING WELL DATA, EMERGING CONTAMINANT DATA, WATER QUALITY MONITORING DATA,
 PERTINENT  DATA FROM REMEDIATION AND LANDFILL SITES, PERMITTED DISCHARGE
 LOCATIONS AND OTHER POTENTIAL CONTAMINATION  RISKS  TO  WATER  SUPPLIES.
 SUCH  SYSTEM  shall  also  incorporate information from the source water
 assessment program collected by the  department  of  health,  data  from
 annual  water  supply  statements  prepared  pursuant  to section eleven
 hundred fifty-one of the public health law, information from  the  data-
 base pursuant to title fourteen of article twenty-seven of this chapter,
 and any other existing data regarding soil and groundwater contamination
 currently  gathered  by the department, as well as data on contamination
 that is readily available from the United States geological  survey  and
 other  sources determined appropriate by the department.  IN ADDITION TO
 FACILITATING INTERAGENCY COORDINATION AND PREDICTIVE ANALYSIS TO PROTECT
 WATER QUALITY, SUCH SYSTEM SHALL PROVIDE STATE AGENCY INFORMATION TO THE
 PUBLIC THROUGH A WEBSITE, WITHIN REASONABLE LIMITATIONS TO ENSURE CONFI-
 DENTIALITY AND SECURITY.
   § 13. If any clause, sentence, paragraph, section or part of this  act
 shall  be adjudged by any court of competent jurisdiction to be invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof, but shall be confined in its operation  to  the  clause,  sentence,
 paragraph,  section or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   § 14. This act shall take effect immediately; provided, however,  that
 emergency  financial  assistance  will  not  be  available under section
 1285-t of the public authorities law  established  pursuant  to  section

 S. 2007--B                         132                        A. 3007--B
 
 eight  of  this  act  until one hundred twenty days after this act shall
 take effect; and provided further that the provisions of section nine of
 this act shall take effect on the one hundred  eightieth  day  after  it
 shall become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Parts A through T of this act shall be
 as specifically set forth in the last section of such Parts.