EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12571-03-7
S. 2007--A 2
relation to the distribution of moneys received by managed long term
care programs from the state for medicaid patients; to amend the
social services law, in relation to authorizing assisted living
program beds for any applicant that can satisfactorily demonstrate the
public need for such beds; to amend the social services law, in
relation to the provision of services to certain persons suffering
from traumatic brain injuries or qualifying for nursing home diversion
and transition services; to amend the public health law, in relation
to adequate reimbursement for managed care plan and home care agency-
delivered services; to amend the social services law, in relation to
enhancing rate adequacy for medicaid managed care and managed long
term care plans; in relation to a study and report by the department
of health on the need for and feasibility of repatriation of complex-
needs patients placed in out-of-state facilities; and to repeal
certain provisions of the social services law relating thereto (Part
E); to amend the social services law, in relation to carving out
transportation from the managed long term care benefit; and to repeal
subdivision 5 of section 365-h of the social services law, relating to
rural transit assistance payments to counties (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 requiring the savings
allocation plan to be approved by the legislature; to amend section 91
of part H of chapter 59 of the laws of 2011, amending the public
health law and other laws relating to general hospital inpatient
reimbursement for annual rates, in relation to the department of
health state funds Medicaid spending; 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 assistance for
needy persons and the administration thereof, in relation to an admin-
istrative cap on such program; to preclude the commissioner of health
from reducing emergency room payments; and to amend the social
services law, in relation to rates paid to managed care organizations
(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 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 assess-
ments on covered lives; to amend chapter 600 of the laws of 1986
amending the public health law relating to the development 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; and to amend
the public health law, in relation to the comprehensive diagnostic 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
S. 2007--A 3
certain funds; to amend the public health law, in relation to health
care initiative pool distributions; to amend chapter 266 of the laws
of 1986, amending the civil practice law and rules and other laws
relating to malpractice and professional medical conduct, in relation
to apportioning premium for certain policies; and 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 relat-
ing to malpractice and professional medical conduct, in relation to
extending certain provisions concerning the hospital excess liability
pool (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 amend-
ing 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, amend-
ing 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 effec-
tiveness 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 effectiveness 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 effec-
tiveness thereof; 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 relat-
ing 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 cooper-
ative system and general powers and duties, in relation to the effec-
tiveness thereof; and to amend chapter 58 of the laws of 2008, amend-
ing 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 general obligations law, in relation to pharma-
S. 2007--A 4
cy benefit managers; and to amend the public health law and the insur-
ance law, in relation to contracts between pharmacy benefit managers
and health insurers to protect consumers (Part J); intentionally omit-
ted (Part K); to amend the public health law, in relation to estab-
lishing a health care regulation modernization team within the depart-
ment of health (Part L); to amend the public health law, in relation
to creating the "Emerging Contaminant Monitoring Act" (Part M); to
amend the public health law, in relation to creating the "drinking
water quality institute" (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 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 method-
ology, in relation to extending government rates for behavioral
services and adding a value based payment requirement (Part P); to
amend chapter 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); to amend the mental
hygiene law, in relation to prohibiting the collocation of certain
facilities (Part R); to require the commissioner of the office for
people with developmental disabilities to establish the care demon-
stration program; and providing for the repeal of such provisions upon
expiration thereof (Part S); to amend the public health law, the
general business law, the administrative code of the city of New York,
and the education law, in relation to tobacco products, herbal ciga-
rettes, and vapor products (Part T); to amend the social services law,
in relation to investigating reports of suspected elder abuse or
maltreatment; to amend the elder law, in relation to an economically
sustainable transportation demonstration program; and to amend the
elder law, in relation to creating a statewide central register of
elder abuse and maltreatment reports (Part U); to amend the social
services law, in relation to requiring medical assistance coverage for
the cost of donor breast milk in certain circumstances; to amend the
public health law, in relation to payments to rural hospitals desig-
nated as critical access hospitals; to amend chapter 474 of the laws
of 1996, amending the education law and other laws relating to rates
for residential healthcare facilities, in relation to directing the
department of health to make additional payments for inpatient
services to certain public general hospitals; to amend the public
health law, in relation to additional premium assistance for persons
with acquired immune deficiency syndrome; to amend the social services
law, in relation to school-based health centers; to amend the social
services law, in relation to health homes, in relation to certain
not-for-profit residential health care facilities in the county of
Monroe; and to amend the social services law, in relation to medical
assistance for infertility services (Part V); to amend the public
health law, in relation to submission of information to the department
of health for physician profiles; to amend the public health law, the
tax law and the social services law, in relation to support of living
organ donation; to amend the public health law, in relation to creat-
ing the lupus research enhancement program; to amend the state finance
S. 2007--A 5
law, in relation to creating the lupus research enhancement fund; to
amend the public health law, in relation to authorizing collaborative
programs for community paramedicine services; and and to amend the
public health law, in relation to maintenance of effort (Part W); and
to enact the "clean water bond act of 2017"; to amend the public
health law, the environmental conservation law, the state finance law
and the public authorities law, in relation to the implementation of
the "clean water act of 2017"; to enact the "New York state regional
water infrastructure improvement act of 2017"; establishing a concen-
trated animal feeding operations assistance program; to establish a
septic system rebate program; to establish an online tracking and
mapping system for New York water; and to repeal certain provisions of
the environmental conservation law and the state finance law relating
thereto (Part X)
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 X. 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
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
S. 2007--A 6
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. Paragraph 1 of subsection (a) of section 3231 of the insurance
law, as amended by section 69 of part D of chapter 56 of the laws of
2013, is amended to read as follows:
(1) No individual health insurance policy and no group health insur-
ance policy covering between one and fifty employees or members of the
group [or between one and one hundred employees or members of the group
for policies issued or renewed on or after January first, two thousand
sixteen] exclusive of spouses and dependents, hereinafter referred to as
a small group, providing hospital and/or medical benefits, including
medicare supplemental insurance, shall be issued in this state unless
such policy is community rated and, notwithstanding any other provisions
of law, the underwriting of such policy involves no more than the impo-
sition of a pre-existing condition limitation if otherwise permitted by
this article.
§ 3. Paragraph 3 of subsection (a) of section 3231 of the insurance
law, as amended by section 69 of part D of chapter 56 of the laws of
2013, is amended to read as follows:
(3) Once accepted for coverage, an individual or small group cannot be
terminated by the insurer due to claims experience. Termination of an
individual or small group shall be based only on one or more of the
reasons set forth in subsection (g) of section three thousand two
hundred sixteen or subsection (p) of section three thousand two hundred
twenty-one of this article. Group hospital and/or medical coverage,
including medicare supplemental insurance, obtained through an out-of-
state trust covering a group of fifty or fewer employees, [or between
one and one hundred employees for policies issued or renewed on or after
January first, two thousand sixteen,] or participating persons who are
residents of this state must be community rated regardless of the situs
of delivery of the policy. Notwithstanding any other provisions of law,
the underwriting of such policy may involve no more than the imposition
of a pre-existing condition limitation if permitted by this article, and
once accepted for coverage, an individual or small group cannot be
terminated due to claims experience. Termination of an individual or
small group shall be based only on one or more of the reasons set forth
in subsection (p) of section three thousand two hundred twenty-one of
this article.
§ 4. Paragraph 1 of subsection (h) of section 3231 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
(1) Notwithstanding any other provision of this chapter, no insurer,
subsidiary of an insurer, or controlled person of a holding company
system may act as an administrator or claims paying agent, as opposed to
an insurer, on behalf of small groups which, if they purchased insur-
ance, would be subject to this section. No insurer may provide stop
loss, catastrophic or reinsurance coverage to small groups which, if
they purchased insurance, would be subject to this section. [Provided,
however, the provisions of this paragraph shall not apply to: (A) the
S. 2007--A 7
renewal of stop loss, catastrophic or reinsurance coverage issued and in
effect on January first, two thousand fifteen to small groups covering
between fifty-one and one hundred employees or members of the group; and
(B) the issuance between January first, two thousand sixteen and Decem-
ber thirty-first, two thousand sixteen, of stop loss, catastrophic or
reinsurance coverage, and any renewal thereof, to a small group covering
between fifty-one and one hundred employees or members of the group,
provided that such group had stop loss, catastrophic or reinsurance
coverage issued and in effect on January first, two thousand fifteen.]
§ 5. Paragraph 1 of subsection (a) of section 4317 of the insurance
law, as amended by section 72 of part D of chapter 56 of the laws of
2013, is amended to read as follows:
(1) No individual health insurance contract and no group health insur-
ance contract covering between one and fifty employees or members of the
group, [or between one and one hundred employees or members of the group
for policies issued or renewed on or after January first, two thousand
sixteen] exclusive of spouses and dependents, including contracts for
which the premiums are paid by a remitting agent for a group, hereinaft-
er referred to as a small group, providing hospital and/or medical bene-
fits, including Medicare supplemental insurance, shall be issued in this
state unless such contract is community rated and, notwithstanding any
other provisions of law, the underwriting of such contract involves no
more than the imposition of a pre-existing condition limitation if
otherwise permitted by this article.
§ 6. Paragraph 1 of subsection (e) of section 4317 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
(1) Notwithstanding any other provision of this chapter, no insurer,
subsidiary of an insurer, or controlled person of a holding company
system may act as an administrator or claims paying agent, as opposed to
an insurer, on behalf of small groups which, if they purchased insur-
ance, would be subject to this section. No insurer may provide stop
loss, catastrophic or reinsurance coverage to small groups which, if
they purchased insurance, would be subject to this section. [Provided,
however, the provisions of this paragraph shall not apply to: (A) the
renewal of stop loss, catastrophic or reinsurance coverage issued and in
effect on January first, two thousand fifteen to small groups covering
between fifty-one and one hundred employees or members of the group; and
(B) the issuance between January first, two thousand sixteen, and Decem-
ber thirty-first, two thousand sixteen, of stop loss, catastrophic or
reinsurance coverage, and any renewal thereof, to a small group covering
between fifty-one and one hundred employees or members of the group,
provided that such group had stop loss, catastrophic or reinsurance
coverage issued and in effect on January first, two thousand fifteen.]
§ 7. Paragraph 1 of subsection (g) of section 3231 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
(1) [(A)] This section shall also apply to policies issued to a group
defined in subsection (c) of section four thousand two hundred thirty-
five of this chapter, including but not limited to an association or
trust of employers, if the group includes one or more member employers
or other member groups having [one hundred] FIFTY or fewer employees or
members exclusive of spouses and dependents. For a policy issued or
renewed on or after January first, two thousand fourteen, if the group
includes one or more member small group employers eligible for coverage
subject to this section, then such member employers shall be classified
S. 2007--A 8
as small groups for rating purposes and the remaining members shall be
rated consistent with the rating rules applicable to such remaining
members pursuant to paragraph two of this subsection. [(B) Subparagraph
A of this paragraph shall not apply to either the renewal of a policy
issued to a group or the issuance, between January first, two thousand
sixteen and December thirty-first, two thousand sixteen, of a policy,
and any renewal thereof, to a group, provided that the following three
requirements are met: (I) the group had been issued a policy that was in
effect on July first, two thousand fifteen; (II) the group had member
employers, who, on or after July first, two thousand fifteen, have
between fifty-one and one hundred employees, exclusive of spouses and
dependents; and (III) the group is either: (i) comprised entirely of one
or more municipal corporations or districts (as such terms are defined
in section one hundred nineteen-n of the general municipal law); or (ii)
comprised entirely of nonpublic schools providing education in any grade
from pre-kindergarten through twelfth grade.]
§ 8. Paragraph 1 of subsection (d) of section 4317 of the insurance
law, as amended by chapter 12 of the laws of 2016, is amended to read as
follows:
(1) [(A)] This section shall also apply to a contract issued to a
group defined in subsection (c) of section four thousand two hundred
thirty-five of this chapter, including but not limited to an association
or trust of employers, if the group includes one or more member employ-
ers or other member groups having [one hundred] FIFTY or fewer employees
or members exclusive of spouses and dependents. For a contract issued or
renewed on or after January first, two thousand fourteen, if the group
includes one or more member small group employers eligible for coverage
subject to this section, then such member employers shall be classified
as small groups for rating purposes and the remaining members shall be
rated consistent with the rating rules applicable to such remaining
members pursuant to paragraph two of this subsection. [(B) Subparagraph
A of this paragraph shall not apply to either the renewal of a contract
issued to a group or the issuance, between January first, two thousand
sixteen and December thirty-first, two thousand sixteen, of a contract,
and any renewal thereof, to a group, provided that the following three
requirements are met: (I) the group had been issued a contract that was
in effect on July first, two thousand fifteen; (II) the group had member
employers, who, on or after July first, two thousand fifteen, have
between fifty-one and one hundred employees, exclusive of spouses and
dependents; and (III) the group is either: (i) comprised entirely of one
or more municipal corporations or districts (as such terms are defined
in section one hundred nineteen-n of the general municipal law); or (ii)
comprised entirely of nonpublic schools providing education in any grade
from pre-kindergarten through twelfth grade.]
§ 9. Section 7 of chapter 12 of the laws of 2016 relating to directing
the superintendent of financial services to contract with an independent
entity to conduct an assessment regarding the impact of the prohibition
on the sale of stop loss, catastrophic and reinsurance coverage to the
small group market, is REPEALED.
§ 10. Item (i) of subparagraph (C) of paragraph 2 of subsection (c) of
section 4304 of the insurance law, as amended by chapter 388 of the laws
of 2014, is amended to read as follows:
(i) Discontinuance of a class of contract upon not less than [five
months'] NINETY DAYS' prior written notice. In exercising the option to
discontinue coverage pursuant to this item, the corporation must act
uniformly without regard to any health status-related factor of enrolled
S. 2007--A 9
individuals or individuals who may become eligible for such coverage and
must offer to subscribers or group remitting agents, as may be appropri-
ate, the option to purchase all other individual health insurance cover-
age currently being offered by the corporation to applicants in that
market. Provided, however, the superintendent may, after giving due
consideration to the public interest, approve a request made by a corpo-
ration for the corporation to satisfy the requirements of this item
through the offering of contracts at each level of coverage as defined
in section 1302(d) of the affordable care act, 42 U.S.C. § 18022(d) that
contains the benefits described in paragraph one of subsection (b) of
section four thousand three hundred twenty-eight of this [chapter] ARTI-
CLE by another corporation, insurer or health maintenance organization
within the corporation's same holding company system, as defined in
article fifteen of this chapter.
§ 11. Subparagraph (B) of paragraph 1 of subsection (g) of section
2101 of the insurance law, as amended by chapter 301 of the laws of
2008, is amended to read as follows:
(B) any officer, director or regular salaried employee of an insurer
authorized to write accident and health insurance, a corporation
licensed under article forty-three of this chapter (collectively, as
used in this paragraph, a "health insurer") or a health maintenance
organization, or any manager thereof, individual or corporate, when the
claim to be adjusted is issued or administered by another health insurer
or health maintenance organization within the same holding company
system as the health insurer or health maintenance organization adjust-
ing the claim OR IS ADJUSTED ON BEHALF OF A MUNICIPAL COOPERATIVE HEALTH
BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER;
§ 12. 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 section one of this act shall be deemed to have been in
full force and effect on and after January 1, 2018; provided, however
that the amendments to paragraph 1 of subsection (g) and paragraph 1 of
subsection (h) of section 3231, and paragraph 1 of subsection (d) and
paragraph 1 of subsection (e) of section 4317 of the insurance law made
by sections seven, four, eight and six of this act respectively shall
not affect the expiration and reversion of such paragraphs and shall
expire and be deemed repealed therewith.
PART D
Section 1. Intentionally omitted.
§ 1-a. The public health law is amended by adding a new section 280 to
read as follows:
§ 280. HIGH COST DRUGS. 1. THE LEGISLATURE HEREBY FINDS AND DECLARES
THAT THERE IS A SIGNIFICANT PUBLIC INTEREST FOR THE STATE TO MANAGE THE
COST OF DRUGS IN A MANNER THAT IMPROVES HEALTHCARE OUTCOMES FOR PATIENTS
WITHOUT RESTRICTING ACCESS OR STIFLING INNOVATION. IT IS THEREFORE
INTENDED THAT THE DEPARTMENT BE PERMITTED TO LIMIT UNJUSTIFIABLE AND
SUDDEN PRICE INCREASES ON: (A) EXISTING DRUGS THROUGH PREVIOUSLY
ENACTED PROVISIONS OF LAW; (B) OFFSET THE COST OF SIMILAR INCREASES ON
EXISTING BRAND DRUGS THROUGH FEDERALLY ENACTED REGULATIONS; AND (C)
IMPOSE AN OVERALL LIMIT ON THE AMOUNT THE STATE SPENDS ON DRUGS THAT
FAIL TO GENERATE CORRESPONDING HEALTHCARE OFFSETS OR SAVINGS FOR THE
TAXPAYER.
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF STATE LAW, RULE OR
REGULATION TO THE CONTRARY, SUBJECT TO FEDERAL APPROVAL, THE YEAR TO
S. 2007--A 10
YEAR RATE OF GROWTH OF DEPARTMENT OF HEALTH STATE FUNDS MEDICAID DRUG
SPENDING SHALL NOT EXCEED FIVE PERCENT PLUS THE TEN YEAR ROLLING AVERAGE
OF THE MEDICAL COMPONENT OF THE CONSUMER PRICE INDEX AS PUBLISHED BY THE
UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, FOR THE
PRECEDING TEN YEAR OR MORE THAN DOUBLE THE ANNUAL TOTAL MEDICAID GROWTH,
WHICHEVER IS GREATER.
(A) FOR THE PURPOSES OF THIS SECTION, THE MEDICAID DRUG EXPENDITURE
SHALL MEAN THE TOTAL AMOUNT OF STATE FUNDS EXPENDED FOR DRUGS IN BOTH
THE MEDICAID FEE-FOR-SERVICE AND MEDICAID MANAGED CARE PROGRAMS.
(B) DRUG EXPENDITURES SHALL BE A SEPARATELY ACCOUNTED COMPONENT WITHIN
THE MEDICAID GLOBAL CAP, AS DEFINED IN SECTION NINETY-ONE OF PART H OF
CHAPTER FIFTY-NINE OF THE LAWS OF TWO THOUSAND ELEVEN.
(C) THE DEPARTMENT IN CONJUNCTION WITH THE DIVISION OF BUDGET SHALL
MAINTAIN AN ACCOUNTING OF THE TOTAL AMOUNT EXPENDED FOR EACH DRUG AND
ITS PERCENTAGE OF THE TOTAL DRUG EXPENDITURE FOR ALL DRUGS COVERED IN
THE MEDICAID PROGRAM.
(D) THE DEPARTMENT AND DIVISION OF BUDGET SHALL CONDUCT AN AUDIT AND
ACCOUNTING OF THE MEDICAID DRUG EXPENDITURE ON A BASIS NECESSARY FOR
MANAGEMENT OF THE DRUG EXPENDITURE COMPONENT.
(E) IF ON THE BASIS OF THE AUDIT AND ACCOUNTING REQUIREMENTS OF THIS
SECTION, A DRUG OR DRUGS ARE DETERMINED TO CAUSE THE TOTAL MEDICAID DRUG
EXPENDITURE TO EXCEED THE ANNUAL GROWTH LIMITATION OF THIS SECTION,
WITHOUT CORRESPONDING HEALTH CARE OFFSETS OR SAVINGS, THE DEPARTMENT MAY
IMPOSE A SUPPLEMENTAL REBATE IN PROPORTION TO THE AMOUNT THE DRUG CAUSES
THE TOTAL MEDICAID DRUG EXPENDITURE TO EXCEED THE ANNUAL GROWTH LIMIT.
(F) SUPPLEMENTAL REBATE RECEIVED BY THE STATE UNDER THIS SECTION THAT
ARE A RESULT OF DRUG UTILIZATION IN THE MEDICAID MANAGED CARE PROGRAM
SHALL BE CREDITED TO THE MEDICAID MANAGED CARE ORGANIZATION IN PROPOR-
TION TO THE ORGANIZATION'S CORRESPONDING DRUG UTILIZATION.
3. ANNUAL DRUG EXPENDITURE GROWTH SHALL BE EQUAL TO THE TOTAL AMOUNT
EXPENDED ON DRUGS IN BOTH MEDICAID FEE-FOR-SERVICE AND MEDICAID MANAGED
CARE LESS CORRESPONDING MANUFACTURER REBATES AND CORRESPONDING HEALTH
CARE OFFSETS AND SAVINGS. THE FOLLOWING SHALL NOT BE ACCOUNTED TOWARDS
THE EXPENDITURE GROWTH LIMITATION OF SUBDIVISION TWO OF THIS SECTION:
(A) THE AMOUNT A DRUG REDUCES MEDICAID COSTS THROUGH AVOIDANCE OF
ALTERNATIVE PHARMACEUTICAL AND CLINICAL TREATMENTS COVERED UNDER THE
MEDICAID PROGRAM IN PROPORTION OF THE DRUG'S ATTRIBUTION OF SUCH PHARMA-
CEUTICAL AND CLINICAL OFFSETS OR SAVINGS.
(B) THE AMOUNT EXPENDED ON DRUGS FOR THE TREATMENT OF EMERGING
DISEASES OR CONDITIONS AS DETERMINED BY THE COMMISSIONER.
(C) THE AMOUNT EXPENDED ON DRUGS FOR THE TREATMENT OF OUTBREAKS AND
EPIDEMICS AS DETERMINED BY THE COMMISSIONER.
(D) THE AMOUNT EXPENDED ON ANY DRUG OR CLASSES OF DRUGS DETERMINED BY
THE DRUG UTILIZATION REVIEW BOARD TO BE APPROPRIATELY PRICED IN CONSID-
ERATION OF THE INVESTMENT NECESSARY FOR RESEARCH, DEVELOPMENT, AND REGU-
LATORY APPROVAL AND THE POPULATION THE DRUG SERVES.
(E) THE AMOUNT EXPENDED ON ANY DRUG THAT THE DEPARTMENT HAS DETERMINED
NOT TO INCLUDE IN THE MEDICAID DRUG EXPENDITURE GROWTH LIMITATION IN
CONSIDERATION OF A SUPPLEMENTAL REBATE OFFERED TO THE STATE BY THE
MANUFACTURER.
4. THE STATE SHALL USE AN INDEPENDENT ACTUARY TO DETERMINE:
(A) THE AMOUNT EXPENDED ON EACH DRUG AVAILABLE IN THE MEDICAID
PROGRAM.
(B) THE TOTAL AMOUNT EXPENDED ON ALL DRUGS IN THE MEDICAID PROGRAM.
S. 2007--A 11
(C) THE TOTAL AMOUNT OF ALL DRUG EXPENDITURES THAT ARE EXCLUDED FROM
THE ANNUAL GROWTH LIMITATION PURSUANT TO SUBDIVISION TWO OF THIS
SECTION.
(D) THE PROPORTIONAL AMOUNT A DRUG CAUSES THE ANNUAL GROWTH LIMITATION
TO BE EXCEEDED.
(E) THE AMOUNT THE TOTAL EXPENDITURE FOR A DRUG RESULTS IN SAVINGS OR
OFFSET TO COSTS THAT WOULD HAVE OTHERWISE LIKELY OCCURRED IN THE STATE
MEDICAID PROGRAM. SAVINGS AND OFFSETS TO OTHER MEDICAID EXPENDITURES
SHALL BE DETERMINED BY CALCULATING:
(I) THE TOTAL STATE MEDICAID EXPENDITURE, INCLUDING CURRENT DRUG
EXPENDITURE, FOR EACH DISEASE, MEDICAL CONDITION, AND OTHER AILMENTS
OCCURRING IN THE PRIOR FISCAL YEAR.
(II) THE TOTAL STATE MEDICAID DRUG EXPENDITURE FOR EACH DISEASE,
MEDICAL CONDITION, AND OTHER AILMENTS OCCURRING IN THE PRIOR FISCAL
YEAR.
(III) THE TOTAL COST OF TREATMENT FOR EACH DISEASE, MEDICAL CONDITION,
OR OTHER AILMENT, ON A PER PATIENT BASIS, IN THE ABSENCE OF EACH DRUG
SUBJECTED TO THE EXCESSIVE DRUG GROWTH SUPPLEMENTAL REBATE.
(IV) THE COST OR SAVINGS OF TREATMENT FOR EACH DISEASE, MEDICAL CONDI-
TION, OR OTHER AILMENT, ON A PER PATIENT BASIS, AS A RESULT OF EACH DRUG
SUBJECTED TO THE EXCESSIVE DRUG GROWTH SUPPLEMENTAL REBATE.
(F) THE AMOUNT OF THE SUPPLEMENTAL REBATE IMPOSED ON THE MANUFACTURER,
AS DETERMINED BY THE AMOUNT THE DRUG CAUSES THE ANNUAL GROWTH LIMITATION
TO BE EXCEEDED THAT DOES NOT RESULT IN SAVINGS OR OFFSET TO COSTS THAT
WOULD HAVE OTHERWISE OCCURRED IN THE STATE MEDICAID PROGRAM.
5. THE DEPARTMENT SHALL NOTIFY THE MANUFACTURER WHEN A DRUG CAUSES THE
ANNUAL DRUG GROWTH LIMIT TO BE EXCEEDED AND THE AMOUNT OF ANY CORRE-
SPONDING SUPPLEMENTAL REBATE. THE MANUFACTURER SHALL HAVE THE RIGHT TO
REVIEW ANY DATA THE STATE IS RELYING UPON IN DETERMINING THE REBATE.
THE MANUFACTURER SHALL HAVE THE RIGHT TO APPEAL TO THE DRUG UTILIZATION
REVIEW BOARD.
6. THE DEPARTMENT SHALL CONSIDER ANY INFORMATION SUBMITTED BY A DRUG
MANUFACTURER REGARDING THE MANUFACTURING COSTS AND FISCAL SAVINGS AND/OR
OFFSETS GENERATED TO THE STATE FOR A DRUG PRODUCT COVERED UNDER THE
STATE'S MEDICAID PROGRAM PRIOR TO MAKING A DETERMINATION OF ANNUAL
GROWTH CALCULATION OR SUPPLEMENTAL REBATE IMPOSITION. THE DEPARTMENT
SHALL MAKE SUCH MANUFACTURER INFORMATION AVAILABLE TO THE DRUG UTILIZA-
TION REVIEW BOARD AND THE INDEPENDENT ACTUARY.
7. THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT TO THE CHAIRS OF THE
ASSEMBLY AND SENATE HEALTH COMMITTEES REGARDING THE MEDICAID DRUG
EXPENDITURE DETAILING:
(A) THE ANNUAL GROWTH OF THE TOTAL MEDICAID DRUG EXPENDITURE.
(B) DRUGS THAT HAVE CAUSED THE ANNUAL DRUG GROWTH LIMITATION TO BE
EXCEEDED.
(C) DRUGS REQUIRING MANUFACTURERS TO PROVIDE A REBATE UNDER THIS
SECTION.
(D) DRUGS THAT WERE EXCLUDED FROM ANNUAL GROWTH CALCULATION AND THE
BASIS FOR EXCLUSION.
(E) A SUMMARY OF ALL INFORMATION REQUIRED UNDER SUBDIVISION FOUR OF
THIS SECTION.
§ 2. Intentionally omitted.
§ 2-a. The public health law is amended by adding a new section 278-a
to read as follows:
§ 278-A. LIMITATION ON EXCESSIVE PRICE INCREASES; PRESCRIPTION DRUGS:
1. IN THE EVENT A MANUFACTURER, AS DEFINED IN SUBDIVISION TWENTY-ONE OF
SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, OF A BRAND OR
S. 2007--A 12
GENERIC DRUG, MADE AVAILABLE IN NEW YORK, INCREASES THE WHOLESALE ACQUI-
SITION COST (WAC) OF A DRUG BY A PERCENT EQUAL TO OR GREATER THAN ONE
HUNDRED PERCENT AT ANY ONE TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH
PERIOD OR IF A MANUFACTURER OF A GENERIC DRUG WITH A FIFTY DOLLAR WHOLE-
SALE ACQUISITION COST (WAC) PRICE FOR A THIRTY DAY SUPPLY INCREASES
THEIR SUPPLY BY ONE HUNDRED PERCENT OR MORE AT ANY ONE TIME OR IN THE
AGGREGATE IN ANY TWELVE MONTH PERIOD:
(A) THE MANUFACTURER SHALL, NOT LESS THAN THIRTY DAYS PRIOR TO INSTI-
TUTING SUCH INCREASE, NOTIFY THE COMMISSIONER AND THE DRUG UTILIZATION
REVIEW BOARD ESTABLISHED UNDER SECTION THREE HUNDRED SIXTY-NINE-BB OF
THE SOCIAL SERVICES LAW. NOTICE SHALL BE PROVIDED ON THE FORM ESTAB-
LISHED PURSUANT TO SUBDIVISION TWO OF THIS SECTION; AND
(B) THE COMMISSIONER SHALL REQUIRE PRIOR AUTHORIZATION AND AUTHORIZE
MEDICAID MANAGED CARE PLANS TO REQUIRE PRIOR AUTHORIZATION FOR THE DRUG
EFFECTIVE AS OF THE DATE OF THE PRICE INCREASE AND CONTINUING UNTIL A
DETERMINATION IS MADE BY THE DRUG UTILIZATION REVIEW BOARD.
2. THE COMMISSIONER, IN CONSULTATION WITH THE DRUG UTILIZATION REVIEW
BOARD, SHALL PRODUCE AND MAKE AVAILABLE TO MANUFACTURERS A PRICE
INCREASE NOTIFICATION FORM THAT SHALL ELICIT:
(A) THE MOST RECENT WHOLESALE ACQUISITION COST (WAC) OF THE DRUG PRIOR
TO AN INCREASE EQUAL TO OR GREATER THAN ONE HUNDRED PERCENT AT ANY ONE
TIME OR IN THE AGGREGATE IN ANY TWELVE MONTH PERIOD IN EITHER PRICING
MEASURE. FOR THE PURPOSES OF THIS SECTION WHOLESALE ACQUISITION COST
(WAC) SHALL INCLUDE THE PRICES FOR EACH DOSAGE, SIZE OR CONCENTRATION OF
THE DRUG OFFERED OR SOLD BY THE MANUFACTURER;
(B) THE WHOLESALE ACQUISITION COST (WAC) OF THE DRUG WHEN EXCEEDING
THE ONE HUNDRED PERCENT THRESHOLD;
(C) ANY MATERIAL CHANGE IN INGREDIENT, PRODUCTION, OR MANUFACTURING
COSTS RESULTING IN THE PRICE INCREASE;
(D) IN THE CASE OF A BRAND DRUG, THE EXPIRATION DATE OF THE PATENT;
(E) IN THE CASE OF A GENERIC DRUG, WHETHER THE DRUG IS A SOLE SOURCE
DRUG; AND
(F) ANY OTHER INFORMATION THE MANUFACTURER DEEMS RELEVANT TO THE
BOARD'S REVIEW.
3. UPON RECEIPT OF A PRICE INCREASE NOTIFICATION FORM, THE DRUG UTILI-
ZATION REVIEW BOARD SHALL REVIEW THE PRICE INCREASE AND MAKE A DETERMI-
NATION AS TO WHETHER THE PRICE INCREASE IS EXCESSIVE. IN MAKING A DETER-
MINATION THE BOARD SHALL CONSIDER:
(A) THE WHOLESALE ACQUISITION COST (WAC) OF THE DRUG IN COMPARISON TO
ANY GENERIC EQUIVALENT OR THERAPEUTICALLY EQUIVALENT DRUG;
(B) THE FDA APPROVED OR COMPENDIUM SUPPORTED USE OF THE DRUG AND CRIT-
ICAL NEED TO THE PATIENT;
(C) ANY KNOWN MARKET FACTORS JUSTIFYING THE PRICE INCREASE, INCLUDING
BUT NOT LIMITED TO:
(I) WHETHER THE DRUG HAS BEEN ABSENT FROM THE MARKET FOR ANY PERIOD OF
TIME; AND
(II) CHANGES IN MANUFACTURING OR REGULATORY REQUIREMENTS OR COSTS.
(D) ANY MATERIAL CHANGE IN THE PREVALENCE OR SEVERITY OF THE DISEASE
OR MEDICAL CONDITION OR CONDITIONS THAT THE DRUG IS APPROVED TO TREAT;
(E) IN THE CASE OF A BRAND DRUG, THE EXPIRATION DATE OF THE PATENT;
AND
(F) IN THE CASE OF A GENERIC DRUG, WHETHER THE DRUG IS A SOLE SOURCE
DRUG.
4. UPON A FINDING BY THE DRUG UTILIZATION REVIEW BOARD THAT A MANUFAC-
TURER HAS INSTITUTED AN EXCESSIVE PRICE INCREASE, (A) THE BOARD SHALL
REQUIRE PRIOR AUTHORIZATION FOR THE DRUG AND AUTHORIZE MEDICAID MANAGED
S. 2007--A 13
CARE PLANS TO REQUIRE PRIOR AUTHORIZATION UNTIL THE BOARD DETERMINES
OTHERWISE; AND (B) THE BOARD MAY REFER THE MATTER TO THE ATTORNEY GENER-
AL WITH ANY INFORMATION NECESSARY FOR THE INVESTIGATION AND PROSECUTION
OF PRICE GOUGING VIOLATIONS UNDER SECTION THREE HUNDRED NINETY-SIX-RRR
OF THE GENERAL BUSINESS LAW. IN THE EVENT THE BOARD DOES NOT FIND THAT
THE MANUFACTURER HAS ENGAGED IN AN EXCESSIVE PRICE INCREASE, THE BOARD
SHALL REMOVE THE REQUIREMENT FOR PRIOR AUTHORIZATION AND SUCH AUTHORITY
GRANTED TO MEDICAID MANAGED CARE PLANS TO INSTITUTE PRIOR AUTHORIZATION
UNDER THIS SECTION SHALL CEASE.
§ 2-b. The general business law is amended by adding a new section
396-rrr to read as follows:
§ 396-RRR. PRICE GOUGING; PRESCRIPTION DRUGS. 1. LEGISLATIVE FINDINGS
AND DECLARATION. THE LEGISLATURE HEREBY FINDS THAT EXCESSIVE PRICE
INCREASES TO PRESCRIPTION DRUGS THAT LACK JUSTIFICATION BASED ON MARKET
FORCES CREATE A PUBLIC HEALTH RISK TO CONSUMERS THAT RELY ON THESE
PRESCRIPTION DRUGS. IN ORDER TO PREVENT A MANUFACTURER, AS DEFINED IN
SUBDIVISION TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCA-
TION LAW, FROM TAKING UNFAIR ADVANTAGE OF CONSUMERS WHO RELY UPON AND
MAY LOSE ACCESS TO THE PRESCRIPTION DRUGS IF THE MEDICATION HAS A SUDDEN
AND EXCESSIVE PRICE INCREASE, THE LEGISLATURE DECLARES THAT THE PUBLIC
INTEREST REQUIRES THAT SUCH CONDUCT BE PROHIBITED AND MADE SUBJECT TO
CIVIL PENALTIES.
2. IN ORDER TO PREVENT A DRUG MANUFACTURER, AS DEFINED IN SUBDIVISION
TWENTY-ONE OF SECTION SIXTY-EIGHT HUNDRED TWO OF THE EDUCATION LAW, FROM
IMPOSING UNCONSCIONABLY AND UNJUSTIFIABLY EXCESSIVE PRICE INCREASES, THE
ATTORNEY GENERAL MAY, UPON REFERRAL FROM THE DRUG UTILIZATION REVIEW
BOARD AS CODIFIED IN SECTION TWO HUNDRED SEVENTY-EIGHT-A OF THE PUBLIC
HEALTH LAW, APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO
THE SUPREME COURT WITHIN THE JUDICIAL DISTRICT IN WHICH SUCH VIOLATIONS
ARE ALLEGED TO HAVE OCCURRED, ON NOTICE OF FIVE DAYS, FOR AN ORDER
ENJOINING OR RESTRAINING COMMISSION OR CONTINUANCE OF THE ALLEGED UNLAW-
FUL ACTS. IN ANY SUCH PROCEEDING, THE COURT MAY IMPOSE A CIVIL PENALTY
IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS AND, WHERE
APPROPRIATE, ORDER RESTITUTION TO AGGRIEVED CONSUMERS.
3. WHETHER A PRICE IS UNCONSCIONABLY AND UNJUSTIFIABLY EXCESSIVE IS A
QUESTION OF LAW FOR THE COURT. THE COURT'S DETERMINATION THAT A
VIOLATION OF THIS SECTION HAS OCCURRED SHALL BE BASED UPON THE FOLLOWING
FACTORS:
(A) THE INCREASE IN PRICE IS UNCONSCIONABLY EXTREME;
(B) THE DRUG IS VITAL AND MEDICALLY NECESSARY TO THE HEALTH OF THE
CONSUMER;
(C) THE DRUG IS A SOLE SOURCE DRUG WITHOUT A THERAPEUTIC EQUIVALENT;
AND
(D) THE PRICE INCREASE WAS WITHIN THE CONTROL OF THE MANUFACTURER AND
NOT CAUSED BY COSTS IMPOSED ON OR FACTORS BEYOND THE CONTROL OF THE
MANUFACTURER.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 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
S. 2007--A 14
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; (B) THE FEDER-
AL UPPER LIMIT, IF ANY, ESTABLISHED BY THE FEDERAL CENTERS FOR MEDICARE
AND MEDICAID SERVICES; (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
S. 2007--A 15
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; 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 TWELVE 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
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. Exclusion of a
provider from the Medicaid program under this section may not occur
unless there has been an order issued pursuant to a proceeding initiated
under section twelve-a of the public health law.
§ 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
S. 2007--A 16
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:
(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. Intentionally omitted.
§ 18. The public health law is amended by adding a new section 276-a
to read as follows:
§ 276-A. MEDICAID DRUG REBATE REMITTANCE PROGRAM. 1. THE DEPARTMENT
SHALL ESTABLISH A MEDICAID DRUG REBATE REMITTANCE PROGRAM FOR THE
PURPOSE OF WORKING COLLABORATIVELY WITH A QUALIFIED THIRD PARTY VENDOR,
SELECTED IN A MANNER TO BE DETERMINED BY THE COMMISSIONER WITHOUT A
S. 2007--A 17
COMPETITIVE BID OR REQUEST FOR PROPOSAL, TO VALIDATE THE EXISTING MEDI-
CAID DRUG REBATE CLAIMS AND DETERMINE WHETHER THE DATA CONTAINS DUPLI-
CATE CLAIMS OR CLAIMS ON WHICH REBATES MAY ALREADY HAVE BEEN PAID ALL OR
IN PART TO MEDICARE PART D PLANS OR SOME OTHER THIRD PARTIES, OR WERE
OTHERWISE SUBJECT TO A DISCOUNT PURSUANT TO SECTION 340B OF THE PUBLIC
HEALTH SERVICE ACT, 42 U.S.C. § 256B, IN ORDER TO RECTIFY DISPUTED
CLAIMS AND REDUCE INVALID DISPUTES BEFORE THE DEPARTMENT. A QUALIFIED
THIRD PARTY VENDOR MUST POSSESS AND MAINTAIN, AT THE TIME OF APPLICATION
TO THE DEPARTMENT: (A) SECURE DATA INFRASTRUCTURE TO HOUSE LARGE CLAIM
DATA SETS; (B) PROVEN EXPERIENCE IN THE COLLECTION AND STANDARDIZATION
OF MULTIPLE STATE MEDICAID DATA SETS; (C) AN ESTABLISHED SECURE WEB
PORTAL FOR MANUFACTURERS TO ACCESS THE MANUFACTURER'S LABELER CLAIM
LEVEL DATA; AND (D) A ROBUST VALIDATION TOOL FOR MANUFACTURERS TO IDEN-
TIFY VALID DISPUTES.
2. FOR THE PURPOSES OF THIS PROGRAM, THE DEPARTMENT SHALL PROVIDE
UTILIZATION INFORMATION TYING TO INVOICES SENT TO PHARMACEUTICAL
MANUFACTURERS, WHICH HAVE ENTERED INTO A REBATE AGREEMENT WITH THE
DEPARTMENT OR WITH THE FEDERAL SECRETARY OF HEALTH AND HUMAN SERVICES ON
BEHALF OF THE DEPARTMENT UNDER SECTION 1927 OF THE FEDERAL SOCIAL SECU-
RITY ACT, AND TO THIRD PARTY DATA VENDORS, FOR THE PURPOSE OF VALIDATING
CLAIMS SUBMITTED UNDER SUCH REBATE AGREEMENT OR PROGRAM INCLUDING BUT
NOT LIMITED TO, THE PROGRAM FOR ELDERLY PHARMACEUTICAL INSURANCE COVER-
AGE, AND THE MEDICAID DRUG REBATE PROGRAM IN GENERAL FOR THE PERIOD FROM
JANUARY FIRST, TWO THOUSAND FOURTEEN THROUGH JUNE THIRTIETH, TWO THOU-
SAND EIGHTEEN. SUCH UTILIZATION INFORMATION SHALL INCLUDE, BUT NOT BE
LIMITED TO: PRESCRIPTION NUMBERS, NATIONAL DRUG CODES, NUMBER OF UNITS
DISPENSED, CLAIMS PAID DATE, DATE OF SERVICE, PRESCRIBING PHYSICIAN
STATE IDENTIFICATION NUMBER, AMOUNT BILLED FOR EACH PRESCRIPTION, AMOUNT
OF REIMBURSEMENT RECEIVED FOR EACH PRESCRIPTION (INCLUDING ANY ADJUST-
MENT CODES), DISPENSING PHARMACY'S STATE IDENTIFICATION NUMBER, DISPENS-
ING FEE, ANY APPLICABLE THIRD-PARTY PAYMENTS, APPLICABLE CO-PAYMENTS,
REFILL CODE, INTERNAL CLAIM NUMBER OF THE PRESCRIPTION, DAYS SUPPLY,
J-CODE CLAIMS INCLUDING SINGLE SOURCE AND MULTISOURCE PHYSICIAN ADMINIS-
TERED DRUGS, NPI NUMBERS, MCO PLAN IDENTIFIER, MCO PLAN NAME, AND THE
NAME, ADDRESS, CITY, STATE AND ZIP CODE OF THE PRESCRIBING PRACTITIONER
AND PHARMACY. THE PRESCRIPTION DRUG UTILIZATION INFORMATION SHALL BE
PROVIDED TO THE THIRD PARTY DATA VENDOR AS SOON AS PRACTICABLE FOLLOWING
ESTABLISHMENT OF THIS PROGRAM. THERE SHALL BE NO COST TO THE DEPARTMENT
FOR SERVICES PERFORMED BY THE THIRD PARTY DATA VENDOR. ANY PRESCRIPTION
DRUG UTILIZATION DATA PROVIDED TO THE THIRD PARTY DATA VENDOR UNDER THIS
PROGRAM SHALL NOT BE SHARED WITH OTHER PARTIES, EXCEPT PARTICIPATING
DRUG MANUFACTURERS WHO HAVE ENTERED INTO A REBATE AGREEMENT WITH THE
DEPARTMENT OR WITH THE FEDERAL SECRETARY OF HEALTH AND HUMAN SERVICES ON
BEHALF OF THE DEPARTMENT UNDER SECTION 1927 OF THE FEDERAL SOCIAL SECU-
RITY ACT. UTILIZATION DATA PROVIDED UNDER THIS SECTION SHALL BE USED FOR
THE FOLLOWING PURPOSE: REBATE VALIDATION SERVICES FOR THE BENEFIT OF
DRUG COMPANIES AND STATE/FEDERAL AGENCIES INCLUDING DRUG USE TREND
REVIEW. INDIVIDUAL PATIENT IDENTIFYING INFORMATION SHALL BE KEPT CONFI-
DENTIAL BY ANY PERSON OR ENTITY TO WHOM OR TO WHICH IT IS PROVIDED UNDER
THIS SECTION. THE DISCLOSURE OF THE FOREGOING DATA BY THE DEPARTMENT
SHALL BE CONSIDERED, FOR PURPOSES OF SECTION THREE HUNDRED SIXTY-NINE OF
THE SOCIAL SERVICES LAW, TO BE DIRECTLY CONNECTED WITH THE ADMINIS-
TRATION OF MEDICAL ASSISTANCE FOR NEEDY PERSONS.
3. THE DEPARTMENT SHALL SELECT A QUALIFIED VENDOR NO LATER THAN JUNE
FIRST, TWO THOUSAND SEVENTEEN. THE DEPARTMENT SHALL SUBSEQUENTLY PROVIDE
A REPORT ON THE RESULTS OF THE PROGRAM, WITH INPUT FROM STAKEHOLDERS, TO
S. 2007--A 18
THE GOVERNOR, THE DIRECTOR OF THE DIVISION OF BUDGET, THE STATE COMP-
TROLLER AND THE LEGISLATURE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND EIGHTEEN. THE REPORT SHALL INCLUDE FINDINGS AS TO THE
PROGRAM'S CONTRIBUTION TO IMPROVING THE ABILITY OF THE DEPARTMENT TO
VALIDATE DRUG REBATE CLAIMS AND RECTIFY DISPUTED CLAIMS.
§ 19. 1. Medicaid FFS, the department of health shall make biannual
assessments of non-preferred drugs in the best clinical interests of New
York Medicaid beneficiaries. The department of health shall include, at
the manufacturer's option, a non-preferred drug as a preferred drug when
at least thirty-five percent of prescriptions filled in that drug's
class in the previous two quarters were for a non-preferred drug on the
PDL, provided that the manufacturer of such previously non-preferred
drug agrees to the rebate required under section 1927 of the Social
Security Act and an additional supplemental rebate. The department of
health and the manufacturer may negotiate the alternative supplemental
rebate. The previously non-preferred drug will not be disadvantaged,
including but not limited to imposing prior authorization or utilization
management requirements, to the other preferred drugs in its class other
than what is required by the FDA-approved label.
2. The department of health shall provide an annual report to the
legislature that outlines, with respect to any drug class on the PDL in
which only a single therapeutic pathway, which may involve one or more
drugs prescribed in combination for the same patient, is preferred, the
financial impact of the state's PDL decision, the clinical evidence the
state relied on in establishing preferences for the class, and the clin-
ical criteria that permit beneficiaries to access non-preferred drug in
such a class.
§ 20. Severability. If any clause, sentence, paragraph, or subdivision
of this section 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, or subdivision directly involved in the controversy
in which such judgment shall have been rendered. It is hereby declared
to be the intent of the legislature that this section would have been
enacted even if such invalid provisions had not been included herein.
§ 21. 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 and sixteen 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 para-
graph 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 subdivision and shall be deemed to expire therewith.
PART E
Section 1. Intentionally omitted.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 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:
S. 2007--A 19
(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, TO THE EXTENT THAT SUCH
COVERAGE DOES NOT RESULT IN A RATE OR REIMBURSEMENT REDUCTION TO THE
HEALTH CARE PLAN OR PROVIDER, and, notwithstanding federal financial
participation, COVERAGE UNDER TITLE XVIII OF THE FEDERAL SOCIAL SECURITY
ACT TO THE EXTENT THAT SUCH COVERAGE DOES NOT RESULT IN A RATE OR
REIMBURSEMENT REDUCTION TO THE HEALTH CARE PLAN OR PROVIDER, 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.
§ 6-a. Paragraph (d) of subdivision 1 of section 3614-c of the public
health law, as amended by chapter 56 of the laws of 2016, is amended to
read as follows:
(d) "Home care aide" means a home health aide, personal care aide,
home attendant or other licensed or unlicensed person whose primary
responsibility includes the provision of in-home assistance with activ-
ities 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) who is
a relative through blood, marriage or adoption of: (1) the employer; or
(2) the person for whom the worker is delivering services, under a
program funded or administered by federal, state or local government].
§ 6-b. 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 AUTHORIZATIONS OR REAUTHORIZATIONS OF
SERVICES;
S. 2007--A 20
(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 PROVIDERS 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 A CERTIFICATION AS A FISCAL INTERMEDIARY
ISSUED BY THE COMMISSIONER IN ACCORDANCE WITH THIS SUBDIVISION.
(C) AN APPLICATION FOR CERTIFICATION 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, EMPLOYER IDENTIFICATION NUMBER, AND MEDICAID PROVIDER
IDENTIFICATION NUMBER OF THE ORGANIZATION, 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,
S. 2007--A 21
QUALITY ASSURANCE REVIEW, REFERRAL, PROGRAM MONITORING OR DEVELOPMENT OR
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 CERTIFICATION
UNDER THIS SUBDIVISION.
(E) THE COMMISSIONER SHALL NOT APPROVE AN APPLICATION FOR CERTIF-
ICATION UNLESS HE OR SHE IS SATISFIED AS TO THE CHARACTER, COMPETENCE
AND STANDING IN THE COMMUNITY OF THE APPLICANT'S INCORPORATORS, DIREC-
TORS, 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 COMMIS-
SIONER.
(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 CERTIFICATIONS OR READINESS REVIEWS TO BE A FISCAL INTER-
MEDIARY.
(G) NEITHER PUBLIC NEED, TAX STATUS NOR PROFIT-MAKING STATUS SHALL BE
A CRITERION FOR CERTIFICATION UNDER THIS SUBDIVISION. STATUS AS A
LICENSED HOME CARE SERVICES AGENCY OR OTHER HEALTH PROVIDER SHALL NOT
POSITIVELY OR NEGATIVELY AFFECT AN APPLICATION FOR CERTIFICATION UNDER
THIS SUBDIVISION. AN ORGANIZATION AUTHORIZED PURSUANT TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW SHALL NOT BE A FISCAL INTERMEDIARY.
(H) A CERTIFICATION 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.
(I) THE COMMISSIONER SHALL CHARGE APPLICANTS FOR THE CERTIFICATION AN
APPLICATION FEE OF ONE THOUSAND DOLLARS.
4-B. PROCEEDINGS INVOLVING THE CERTIFICATION OF A FISCAL INTERMEDIARY.
(A) A CERTIFICATION OF A FISCAL INTERMEDIARY MAY BE REVOKED, SUSPENDED,
LIMITED OR ANNULLED BY THE COMMISSIONER ON PROOF THAT IT HAS FAILED TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION OR REGULATIONS PROMULGAT-
ED HEREUNDER.
(B) NO SUCH CERTIFICATION SHALL BE REVOKED, SUSPENDED, LIMITED,
ANNULLED OR DENIED WITHOUT A HEARING. HOWEVER, A CERTIFICATION MAY BE
TEMPORARILY SUSPENDED OR LIMITED WITHOUT A HEARING FOR A PERIOD NOT IN
EXCESS OF THIRTY DAYS UPON WRITTEN NOTICE TO THE FISCAL INTERMEDIARY
FOLLOWING A FINDING BY THE DEPARTMENT THAT THE PUBLIC HEALTH OR SAFETY
IS IN IMMINENT DANGER. SUCH PERIOD MAY BE RENEWED UPON WRITTEN NOTICE
AND A CONTINUED FINDING UNDER THIS PARAGRAPH.
S. 2007--A 22
(C) THE COMMISSIONER SHALL FIX A TIME AND PLACE FOR THE HEARING. A
COPY OF THE CHARGES, TOGETHER WITH THE NOTICE OF THE TIME AND PLACE OF
THE HEARING, SHALL BE SERVED IN PERSON OR MAILED BY REGISTERED OR CERTI-
FIED MAIL TO THE FISCAL INTERMEDIARY AT LEAST TWENTY-ONE DAYS BEFORE THE
DATE FIXED FOR THE HEARING. THE FISCAL INTERMEDIARY SHALL FILE WITH THE
DEPARTMENT NOT LESS THAN EIGHT DAYS PRIOR TO THE HEARING, A WRITTEN
ANSWER TO THE CHARGES.
(D) 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.
§ 6-c. Subdivision (a) of section 90 of part H of chapter 59 of the
laws of 2011, amending the public health law and other laws, relating to
general hospital inpatient reimbursement for annual rates, as amended by
section 38 of part C of chapter 60 of the laws of 2014, is amended to
read as follows:
(a) (1) Notwithstanding any other provision of law to the contrary,
for the state fiscal years beginning April 1, 2011 and ending on March
31, 2014, all Medicaid payments made for services provided on and after
April 1, 2011, shall, except as hereinafter provided, be subject to a
uniform two percent reduction and such reduction shall be applied, to
the extent practicable, in equal amounts during the fiscal year,
provided, however, that an alternative method may be considered at the
discretion of the commissioner of health and the director of the budget
based upon consultation with the health care industry including but not
limited to, a uniform reduction in Medicaid rates of payments or other
reductions provided that any method selected achieves up to $345,000,000
in Medicaid state share savings in state fiscal year 2011-12 and up to
$357,000,000 annually in state fiscal years 2012-13 and 2013-14 except
as hereinafter provided, for services provided on and after April 1,
2011 through March 31, 2014. Any alternative methods to achieve the
reduction must be provided in writing and shall be filed with the senate
finance committee and the assembly ways and means committee not less
than thirty days before the date on which implementation is expected to
begin. Nothing in this section shall be deemed to prevent all or part of
such alternative reduction plan from taking effect retroactively, to the
extent permitted by the federal centers for medicare and medicaid
services.
(2) Alternative methods of cost containment as authorized and imple-
mented pursuant to paragraph one of this subdivision shall continue to
be applied and maintained for periods on and after April 1, 2014,
provided, however, that the commissioner of health, in consultation with
the director of the budget, is authorized to terminate such alternative
methods upon a finding that they are no longer necessary to maintain
essential cost savings.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE STATE FISCAL YEARS BEGINNING APRIL 1, 2014, AND UNTIL SUCH TIME AS
THE STATE RECEIVES APPROVAL OF ITS STATE PLAN AMENDMENT #15-0056 TO THE
TITLE XIX MEDICAID STATE PLAN FOR LONG TERM CARE, THE STATE SHALL FUND
NURSING HOMES THE MEDICAID STATE SHARE OF THE FEDERAL MEDICAL ASSISTANCE
PERCENTAGE.
§ 6-d. Paragraph (b) of subdivision 10 of section 3614 of the public
health law, as amended by section 5 of part C of chapter 109 of the laws
of 2006, is amended and a new paragraph (e) is added to read as follows:
(b) Programs which have their rates adjusted pursuant to this subdivi-
sion shall use such funds solely for the purposes of recruitment, train-
ing and retention of non-supervisory home care services workers or other
S. 2007--A 23
personnel with direct patient care responsibility. Such purpose shall
include the recruitment, training and retention of non-supervisory home
care services workers or any worker with direct patient care responsi-
bility employed in licensed home care services agencies under contract
with such agencies. Such agencies are prohibited from using such fund
for any other purpose. For purposes of the long term home health care
program, such payment shall be treated as supplemental payments and not
effect any current cost cap requirement. FOR PURPOSES OF THE MANAGED
LONG TERM CARE PROGRAM, PLANS SHALL DISTRIBUTE SUCH FUNDS IN THEIR
ENTIRETY USING A REASONABLE METHODOLOGY. SUCH PAYMENTS SHALL BE SUPPLE-
MENTAL TO REIMBURSEMENT RATES, AND PLANS SHALL PROVIDE WRITTEN NOTIFICA-
TION TO EACH CONTRACTED AGENCY INDICATING THE AMOUNT OF FUNDS DISBURSED
FOR THE PURPOSE OF RECRUITMENT, TRAINING AND RETENTION OF NON-SUPERVISO-
RY HOME CARE SERVICES WORKERS OR ANY PERSONNEL WITH DIRECT PATIENT CARE
RESPONSIBILITY. Each such agency shall submit, at a time and in a manner
determined by the commissioner, a written certification attesting that
such funds will be used solely for the purpose of recruitment, training
and retention of non-supervisory home health aides or any personnel with
direct patient care responsibility. WHEN SUBMITTING ATTESTATIONS TO THE
DEPARTMENT, MANAGED LONG TERM CARE PLANS SHALL INCLUDE THE METHODOLOGY
UTILIZED IN THE DISBURSEMENT OF FUNDS. The commissioner is authorized to
audit each such agency or program 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 home health aides or other personnel with
direct patient care responsibility. Such recoupment shall be in addition
to any other penalties provided by law.
(E) THE DEPARTMENT SHALL PROVIDE A REPORT TO THE CHAIRS OF THE SENATE
FINANCE COMMITTEE, ASSEMBLY WAYS AND MEANS COMMITTEE, AND SENATE HEALTH
AND ASSEMBLY HEALTH COMMITTEES. SUCH REPORT SHALL BE SUBMITTED ON OR
BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN AND SHALL INCLUDE THE
DISTRIBUTION OF MONIES BY PLAN AND PROVIDER OF THE FUNDS SET FORTH IN
THIS SUBDIVISION.
§ 6-e. Subdivision 3 of section 461-l of the social services law, as
added by chapter 165 of the laws of 1991, subparagraph (iii) of para-
graph (a) as amended by chapter 438 of the laws of 1994, paragraphs (b),
(c), (e) and (f) as amended by section 82 of part A of chapter 58 of the
laws of 2010, paragraph (d) as amended by chapter 591 of the laws of
1999, paragraph (g) as amended by chapter 397 of the laws of 2012, para-
graph (h) as added by section 20 of part B of chapter 58 of the laws of
2007, paragraph (i) as amended by section 67 of part C of chapter 60 of
the laws of 2014 and paragraph (j) as added by section 70 of part A of
chapter 56 of the laws of 2013, is amended to read as follows:
3. Assisted living program approval. (a) An eligible applicant propos-
ing to operate an assisted living program OR INCREASE THE NUMBER OF BEDS
WITHIN AN EXISTING PROGRAM shall submit an application to the [depart-
ment. Upon receipt, the department shall transmit a copy of the applica-
tion and accompanying documents to the] department of health. Such
application shall be in a format and a quantity determined by the
department OF HEALTH and shall include, but not be limited to:
(i) a copy of or an application for an adult care facility operating
certificate;
(ii) a copy of or an application for a home care services agency
license or a copy of a certificate for a certified home health agency or
authorization as a long term home health care program;
S. 2007--A 24
(iii) a copy of a proposed contract with a social services district or
in a social services district with a population of one million or more,
a copy of a proposed contract with the social services district or the
department;
(iv) if the applicant is not a long term home health care program or
certified home health agency, a copy of a proposed contract with a long
term home health care program or certified home health agency for the
provisions of services in accordance with article thirty-six of the
public health law; and
(v) a detailed description of the proposed program including budget,
staffing and services.
(b) If the application for the proposed program includes an applica-
tion for licensure as a home care service agency, the department of
health shall forward the application for the proposed program and accom-
panying documents to the public health and health planning council for
its written approval in accordance with the provisions of section thir-
ty-six hundred five of the public health law.
(c) An application for an assisted living program OR AN EXPANSION OF
AN EXISTING PROGRAM shall not be approved unless the commissioner is
satisfied as to:
(i) the character, competence and standing in the community of the
operator of the adult care facility;
(ii) the financial responsibility of the operator of the adult care
facility;
(iii) that the buildings, equipment, staff, standards of care and
records of the adult care facility to be employed in the operation
comply with applicable law, rule and regulation;
(iv) the commissioner of health is satisfied that the licensed home
care agency has received the written approval of the public health and
health planning council as required by paragraph (b) of this subdivision
and the equipment, personnel, rules, standards of care, and home care
services provided by the licensed home care agency and certified home
health agency or long term home health care program are fit and adequate
and will be provided in the manner required by article thirty-six of the
public health law and the rules and regulations thereunder; and
(v) [the commissioner and] the commissioner of health [are] IS satis-
fied as to the public need for the assisted living program BEDS BEING
PROPOSED AFTER GIVING CONSIDERATION TO THE RELATIVE CONCENTRATION OF
ASSISTED LIVING PROGRAM BEDS IN EXISTENCE IN THE AREA TO BE SERVED, THE
NEED FOR ALTERNATIVE LEVELS OF CARE IN THE AREA SERVED, THE IMPACT ON
OTHER PROVIDERS OF CARE AND THE OVERALL AVAILABILITY OF ASSISTED LIVING
PROGRAM BEDS IN THE STATE.
(d) The department OF HEALTH shall not approve an application for an
assisted living program OR AN EXPANSION OF AN EXISTING PROGRAM for any
eligible applicant who does not meet the requirements of this article,
including but not limited to, an eligible applicant who is already or
within the past ten years has been an incorporator, director, sponsor,
principal stockholder, member or owner of any adult care facility which
has been issued an operating certificate by the board or the department,
or of a halfway house, hostel or other residential facility or institu-
tion for the care, custody or treatment of the mentally disabled which
is subject to approval by an office of the department of mental hygiene,
or of any residential health care facility or home care agency as
defined in the public health law, unless [the department, in conjunction
with the department of health,] IT finds by substantial evidence as to
each such applicant that a substantially consistent high level of care
S. 2007--A 25
has been rendered in each such facility or institution under which such
person is or was affiliated. For the purposes of this paragraph, there
may be a finding that a substantially consistent high level of care has
been rendered despite a record of violations of applicable rules and
regulations, if such violations (i) did not threaten to directly affect
the health, safety or welfare of any patient or resident, and (ii) were
promptly corrected and not recurrent.
(e) [The commissioner of health shall provide written notice of
approval or disapproval of portions of the proposed application concern-
ing a licensed home care agency, certified home health agency or long
term home health care program, and, where applicable, of the approval or
disapproval of the public health and health planning council to the
commissioner.] If an application receives all the necessary approvals,
the commissioner OF HEALTH shall notify the applicant in writing. The
commissioner's written approval shall constitute authorization to oper-
ate an assisted living program.
(f) No assisted living program may be operated without the written
approval of [the department,] the department of health and, where appli-
cable, the public health and health planning council.
(g) Notwithstanding any other provision of law to the contrary, any
assisted living program having less than seventy-five authorized bed
slots, located in a county with a population of more than one hundred
ten thousand and less than one hundred fifty thousand persons based upon
the decennial federal census for the year two thousand, and which at any
point in time is unable to accommodate individuals awaiting placement
into the assisted living program, shall be authorized to increase the
number of assisted living beds available for a specified period of time
as part of a demonstration program by up to thirty percent of its
approved bed level; provided, however, that such program shall otherwise
satisfy all other assisted living program requirements as set forth in
this section. In addition, any program which receives such authorization
and which at any point on or after July first, two thousand five is
unable to accommodate individuals awaiting placement into the assisted
program, shall be authorized to further increase the number of assisted
living beds available as part of this demonstration program by up to
twenty-five percent of its bed level as of July first, two thousand
five; provided, however, that such program shall otherwise satisfy all
other assisted living program requirements as set forth in this section.
(h) The commissioner is authorized to add one thousand five hundred
assisted living program beds to the gross number of assisted living
program beds having been determined to be available as of April first,
two thousand seven.
(i) (a) The commissioner of health is authorized to add up to six
thousand assisted living program beds to the gross number of assisted
living program beds having been determined to be available as of April
first, two thousand nine. Nothing herein shall be interpreted as prohib-
iting any eligible applicant from submitting an application for any
assisted living program bed so added. The commissioner of health shall
not be required to review on a comparative basis applications submitted
for assisted living program beds made available under this paragraph.
The commissioner of health shall only authorize the addition of six
thousand beds pursuant to a seven year plan ending prior to January
first, two thousand seventeen.
(b) The commissioner of health shall provide an annual written report
to the chair of the senate standing committee on health and the chair of
the assembly health committee no later than January first of each year.
S. 2007--A 26
Such report shall include, but not be limited to, the number of assisted
living program beds made available pursuant to this section by county,
the total number of assisted living program beds by county, the number
of vacant assisted living program beds by county, and any other informa-
tion deemed necessary and appropriate.
(j) The commissioner of health is authorized to add up to four thou-
sand five hundred assisted living program beds to the gross number of
assisted living program beds having been determined to be available as
of April first, two thousand twelve. Applicants eligible to submit an
application under this paragraph shall be limited to adult homes estab-
lished pursuant to section four hundred sixty-one-b of this article
with, as of September first, two thousand twelve, a certified capacity
of eighty beds or more in which twenty-five percent or more of the resi-
dent population are persons with serious mental illness as defined in
regulations promulgated by the commissioner of health. The commissioner
of health shall not be required to review on a comparative basis appli-
cations submitted for assisted living program beds made available under
this paragraph.
(K) BEGINNING ON APRIL FIRST, TWO THOUSAND SEVENTEEN, THE COMMISSIONER
OF HEALTH IS AUTHORIZED TO APPROVE ASSISTED LIVING PROGRAM BEDS FOR ANY
ELIGIBLE APPLICANT THAT SATISFACTORILY DEMONSTRATES THE PUBLIC NEED FOR
SUCH BEDS IN THE AREA TO BE SERVED AND MEETS ALL OTHER APPLICABLE
REQUIREMENTS OF THIS SECTION. ASSISTED LIVING PROGRAM BED AVAILABILITY
DETERMINATIONS AND LIMITATIONS IN PLACE PRIOR TO APRIL FIRST, TWO THOU-
SAND SEVENTEEN SHALL NO LONGER BE APPLICABLE, AND ASSISTED LIVING
PROGRAM BEDS SHALL BE GENERALLY AVAILABLE TO MEET DEMONSTRATED PUBLIC
NEED ON A CASE BY CASE BASIS WHENEVER THE COMMISSIONER IS SATISFIED
PUBLIC NEED EXISTS AT THE TIME AND PLACE AND UNDER CIRCUMSTANCES
PROPOSED BY THE APPLICANT; PROVIDED, HOWEVER, THE PRIOR BED AUTHORI-
ZATIONS IN PARAGRAPHS (H), (I) AND (J) OF THIS SUBDIVISION SHALL CONTIN-
UE IN FULL FORCE AND EFFECT.
§ 6-f. Paragraph (d-2) of subdivision 3 of section 364-j of the
social services law, as added by section 20-a of part B of chapter 59 of
the laws of 2016, is amended to read as follows:
(d-2) Services provided pursuant to waivers, granted pursuant to
subsection (c) of section 1915 of the federal social security act, to
persons suffering from traumatic brain injuries or qualifying for nurs-
ing home diversion and transition services, shall not be provided to
medical assistance recipients through managed care programs [until at
least January first, two thousand eighteen] ESTABLISHED PURSUANT TO THIS
SECTION, AND SHALL CONTINUE TO BE PROVIDED OUTSIDE OF MANAGED CARE
PROGRAMS AND IN ACCORDANCE WITH SUCH WAIVER PROGRAMS AS THEY EXISTED ON
JANUARY FIRST, TWO THOUSAND FIFTEEN; PROVIDED, FURTHER THAT THE COMMIS-
SIONER OF HEALTH IS HEREBY DIRECTED TO TAKE ANY ACTION REQUIRED, INCLUD-
ING BUT NOT LIMITED TO FILING WAIVERS AND WAIVER EXTENSIONS AS NECESSARY
WITH THE FEDERAL GOVERNMENT, TO CONTINUE THE PROVISION OF SUCH SERVICES.
§ 6-g. Subdivision 8 of section 4403-f of the public health law, as
amended by section 21 of part B of chapter 59 of the laws of 2016, is
amended as follows:
8. Payment rates for managed long term care plan enrollees eligible
for medical assistance. The commissioner shall establish payment rates
for services provided to enrollees eligible under title XIX of the
federal social security act. Such payment rates shall be subject to
approval by the director of the division of the budget and shall reflect
savings to both state and local governments when compared to costs which
would be incurred by such program if enrollees were to receive compara-
S. 2007--A 27
ble health and long term care services on a fee-for-service basis in the
geographic region in which such services are proposed to be provided.
IN ADDITION, THE COMMISSIONER SHALL BE AUTHORIZED TO APPLY A POSITIVE,
GEOGRAPHIC ADJUSTMENT TO THE RATES FOR MANAGED LONG TERM CARE PLANS
SERVING EITHER RURAL OR OTHER REGIONS WHERE COSTS ARE INCREASED DUE TO
ELEMENTS OF GEOGRAPHY, REGIONAL RESOURCE LIMITATIONS, POPULATION DENSITY
AND/OR OTHER REGIONAL FACTORS, AND WHERE SUCH RATE ADJUSTMENT IS NECES-
SARY IN ORDER TO ENSURE ADEQUATE SERVICE CAPACITY AND QUALITY CARE IN
THE REGION. Payment rates shall be risk-adjusted to take into account
the characteristics of enrollees, or proposed enrollees, including, but
not limited to: frailty, disability level, health and functional
status, age, gender, the nature of services provided to such enrollees,
and other factors as determined by the commissioner. The risk adjusted
premiums may also be combined with disincentives or requirements
designed to mitigate any incentives to obtain higher payment categories.
In setting such payment rates, the commissioner shall consider costs
borne by the managed care program PLANS AND SERVICE PROVIDERS to ensure
actuarially sound and adequate rates of payment to ensure quality of
care shall comply with all applicable laws and regulations, state and
federal, including regulations as to actuarial soundness for medicaid
managed care. TO ENSURE QUALITY CARE, THE COMMISSIONER SHALL ALSO
CONSIDER THE NEED FOR ANY NECESSARY POSITIVE ADJUSTMENTS IN THE PREMIUM
AND RATE CALCULATIONS BASED ON CRITICAL COSTS AND NEED NOT BE REFLECTED
IN THE MANAGED CARE PROGRAM HISTORICAL COST AND ENCOUNTER STATISTICAL
BASE, INCLUDING BUT NOT LIMITED TO COST AND NEED FOR DIRECT CARE PERSON-
NEL WAGES AND BENEFITS AND RELATED COST TO ENSURE WORKFORCE/SERVICE
CAPACITY TO MEET COMMUNITY NEED, PROVIDER TECHNOLOGY CAPACITY, QUALITY
INNOVATION, ESSENTIAL DIRECT CARE STAFF TRAINING, ADDRESSING PUBLIC
HEALTH PRIORITIES, AND OTHER SYSTEM INFRASTRUCTURE AND TRANSITION NEEDS.
IN SETTING ACTUARIALLY SOUND AND ADEQUATE PAYMENT RATES, THE COMMISSION-
ER SHALL FOLLOW THE ANALYSIS AND RECOMMENDATIONS OF AN INDEPENDENT ACTU-
ARY, WHICH SHALL ALSO PROVIDE HIS OR HER CERTIFICATION AND ANALYSIS
DIRECTLY TO THE CHAIRS OF THE SENATE AND ASSEMBLY COMMITTEES ON HEALTH,
THE CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY
COMMITTEE ON WAYS AND MEANS. THE COMMISSIONER SHALL SUBMIT TO THE
DIRECTOR OF THE BUDGET, RATES THAT ARE ACTUARIALLY SOUND TO COVER THESE
COSTS.
§ 6-h. Paragraph (c) of subdivision 18 of section 364-j of the social
services law, as added by section 40-c of part B of chapter 57 of the
laws of 2015 is REPEALED.
§ 6-i. Paragraph (c) of subdivision 18 of section 364-j of the social
services law, as added by section 55 of part B of chapter 57 of the laws
of 2015, is amended to read as follows:
(c) (I) IN SETTING SUCH REIMBURSEMENT METHODOLOGIES, THE DEPARTMENT
SHALL CONSIDER COSTS BORNE BY THE MANAGED CARE PROGRAM TO ENSURE THAT
EACH PLAN RECEIVES ACTUARIALLY SOUND AND ADEQUATE RATES OF PAYMENT TO
ENSURE QUALITY OF CARE FOR ITS ENROLLEES. The department of health shall
require the independent actuary selected pursuant to paragraph (b) of
this subdivision to provide a complete actuarial memorandum, along with
all actuarial assumptions made and all other data, materials and method-
ologies used in the development of rates, to managed care providers
thirty days prior to submission of such rates to the centers for medi-
care and medicaid services for approval. Managed care providers may
request additional review of the actuarial soundness of the rate setting
process and/or methodology.
S. 2007--A 28
(II) IN FULFILLING THE REQUIREMENTS OF THIS PARAGRAPH, THE DEPARTMENT
OF HEALTH, IN CONSULTATION WITH THE INDEPENDENT ACTUARY, THE AFFECTED
MANAGED CARE PROVIDERS AND OTHER INTERESTED PARTIES, SHALL DEVELOP AND
UTILIZE STATISTICALLY VALIDATED ASSESSMENT TOOLS TO DETERMINE THE CARE
NEEDS OF INDIVIDUALS ENROLLED IN MANAGED CARE PLANS, WHICH SHALL INVOLVE
CONSIDERATION OF VARIABLES INCLUDING, BUT NOT LIMITED TO, PHYSICAL AND
BEHAVIORAL FUNCTIONING, ACTIVITIES OF DAILY LIVING AND INSTRUMENTAL
ACTIVITIES OF DAILY LIVING, AND PRIMARY OR SECONDARY DIAGNOSES OF COGNI-
TIVE IMPAIRMENT OR MENTAL ILLNESS.
(III) THE DEPARTMENT SHALL ESTABLISH SEPARATE RATE CELLS TO REFLECT
THE COSTS OF CARE FOR SPECIFIC HIGH-NEED AND/OR HIGH-COST ENROLLEES OF
MANAGED CARE PROVIDERS OPERATING ON A FULL CAPITATION BASIS AND IN
MANAGED LONG TERM CARE PLANS OPERATING IN ACCORDANCE WITH THE PROVISIONS
OF SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH LAW. BY JUNE
THIRTIETH, TWO THOUSAND SEVENTEEN THE COMMISSIONER SHALL SUBMIT TO THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES A STATE PLAN AMENDMENT OR
OTHER APPROPRIATE APPROVAL OF A CAPITATED RATE WHICH INCLUDES A SEPARATE
RATE CELL OR CELLS AND SHALL ALSO INCLUDE POLICIES AND PROCEDURES TO
ENSURE AMERICANS WITH DISABILITY ACT AND FEDERAL OLMSTEAD COMPLIANCE FOR
COVERING THE COST OF CARE FOR EACH OF THE FOLLOWING:
(A) INDIVIDUALS IN MANAGED CARE PROVIDERS OPERATING ON A FULL CAPITA-
TION BASIS AND INDIVIDUALS IN MANAGED LONG TERM CARE PLANS THAT ARE
EITHER ALREADY RESIDING IN A SKILLED NURSING HOME OR ARE PLACED IN A
SKILLED NURSING HOME;
(B) INDIVIDUALS IN MANAGED LONG TERM CARE PLANS, WHO REMAIN IN THE
COMMUNITY AND WHO DAILY RECEIVE LIVE-IN OR TWELVE HOURS OR MORE OF
PERSONAL CARE OR HOME HEALTH SERVICES;
(C) INDIVIDUALS IN FULLY-CAPITATED PLANS WHO SATISFY THE CRITERIA FOR
INCLUSION IN A HEALTH AND RECOVERY PLAN FOR PERSONS WITH SERIOUS MENTAL
ILLNESS, BUT HAVE NOT BEEN ENROLLED IN SUCH A PLAN; AND
(D) SUCH OTHER INDIVIDUALS WHO, BASED ON THE ASSESSMENT OF THEIR CARE
NEEDS, THEIR DIAGNOSIS OR OTHER FACTORS, ARE DETERMINED TO PRESENT
UNIQUELY HIGH-NEEDS AND ARE LIKELY TO GENERATE HIGH COSTS, AS MAY BE
IDENTIFIED BY THE DEPARTMENT.
(IV) SHOULD THE COMMISSIONER NOT RECEIVE AUTHORIZATION BY THE CENTERS
FOR MEDICARE AND MEDICAID SERVICES TO IMPLEMENT A SEPARATE NURSING HOME
FACILITY RATE CELL OR CELLS UNDER CLAUSE (A) OF SUBPARAGRAPH (III) OF
THIS PARAGRAPH BY DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, 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 NURSING HOME
FACILITIES FOR SERVICES PROVIDED TO PERSONS ELIGIBLE FOR MEDICAL ASSIST-
ANCE WHO ARE ENROLLED IN SUCH MANAGED CARE ORGANIZATIONS 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 PAID BY THE
MEDICAID PROGRAM FOR SUCH SERVICES. THE COMMISSIONER SHALL FURTHER
INSURE THAT THE PREMIUM PAID TO MANAGED CARE ORGANIZATIONS FOR SUCH
SERVICES IS COMMENSURATE WITH THE BENCHMARK RATE. THE BENCHMARK FEE-FOR-
SERVICE RATE SHALL CONTINUE TO BE PAID BY SUCH MANAGED CARE ORGANIZA-
TIONS FOR ALL SERVICES PROVIDED BY RESIDENTIAL HEALTH CARE FACILITIES
FROM THE EFFECTIVE DATE OF THIS SUBPARAGRAPH AT LEAST UNTIL MARCH THIR-
TY-FIRST, TWO THOUSAND NINETEEN.
§ 6-j. The department of health shall study and report to the legis-
lature by June 1, 2017 on the need for and feasibility of repatriation
of complex-needs patients placed in out-of-state facilities and funded
through medical assistance.
S. 2007--A 29
§ 7. This act shall take effect immediately; provided, however, that:
a. section six of this act shall take effect June 1, 2017;
b. section six-b of this act shall take effect on the first of January
after it shall have become a law; provided that prior to that date, the
commissioner of health shall make regulations and take other actions
reasonably necessary to implement section six-b of this act on that
date; and provided further that any entity operating as a fiscal inter-
mediary prior to this act becoming a law may continue to do so for one
year after this act takes effect, and may continue to do so after that
time only upon obtaining certification under this act;
c. the amendments to section 364-j of the social services law, made by
sections six-f and six-i of this act, shall not affect the expiration
and repeal of such section, and shall expire and be deemed repealed
therewith; and
d. the amendments to section 4403-f of the public health law made by
section six-g of this act shall not affect the repeal of such section
and shall be deemed repealed 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
enrollees of managed long term care plans issued certificates of author-
ity under section forty-four hundred three-f of the public health law;
AND ADULT DAY HEALTH CARE PROGRAMS LOCATED AT A LICENSED RESIDENTIAL
HEALTH CARE FACILITY AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED ONE OF
THE PUBLIC HEALTH LAW OR ANY APPROVED EXTENSION SITE THEREOF. Any trans-
portation manager or managers selected by the commissioner to manage
transportation services shall have proven experience in coordinating
transportation services in a geographic and demographic area similar to
the area in New York state within which the contractor would manage the
provision of services under this section. Such a contract or contracts
may include responsibility for: review, approval and processing of
transportation orders; management of the appropriate level of transpor-
tation 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.
S. 2007--A 30
§ 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; 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 therewith.
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 of
the laws of 2016 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, 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 subdivision five of
this section known and projected department of health state funds medi-
caid expenditures by category of service and by geographic regions, as
defined by the commissioner, and if the director of the budget deter-
mines that such expenditures are expected to cause medicaid disburse-
ments for such period to exceed the projected department of health medi-
caid state funds disbursements in the enacted budget financial 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 direc-
tor 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 revenues, reductions to
local social services district medical assistance administration, mini-
mum 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 expedited department
of health state funds medicaid expenditures as a result of a natural or
other type of disaster, including a governmental declaration of emergen-
cy] SAVINGS ALLOCATION PLAN MUST BE APPROVED BY LEGISLATION PRIOR TO
IMPLEMENTATION.
§ 1-a. Section 91 of part H of chapter 59 of the laws of 2011, amend-
ing the public health law and other laws relating to general hospital
inpatient reimbursement for annual rates, as amended by section 5 of
part F of chapter 56 of the laws of 2012 and subdivision 1 as amended by
section 2 of part A of chapter 56 of the laws of 2013, is amended to
read as follows:
§ 91. 1. Notwithstanding any inconsistent provision of state law, rule
or regulation to the contrary, subject to federal approval, the year to
year rate of growth of department of health state funds Medicaid MEDICAL
ASSISTANCE spending ON PROGRAMS THAT (A) RECEIVE FEDERAL FINANCIAL
PARTICIPATION; (B) ARE REQUIRED TO BE MADE BY THE STATE UNDER THE FEDER-
AL MEDICAL ASSISTANCE PROGRAM LAWS, RULES OR REGULATIONS; (C) ARE
REQUIRED UNDER THE STATE'S MEDICAID STATE PLAN; OR (D) ARE OTHERWISE
ENUMERATED IN THIS SECTION shall not exceed the ten year rolling average
S. 2007--A 31
of the medical component of the consumer price index as published by the
United States department of labor, bureau of labor statistics, for the
preceding ten years; provided, however, that for state fiscal year
2013-14 and for each fiscal year thereafter, the maximum allowable annu-
al increase in the amount of department of health state funds Medicaid
spending shall be calculated by multiplying the department of health
state funds Medicaid spending for the previous year, minus the amount of
any department of health state operations spending included therein, by
such ten year rolling average.
2. Except as provided in subdivision three of this section, for state
fiscal year 2013-14 and for each fiscal year thereafter, the spending
limit calculated pursuant to subdivision one of this section shall be
increased by an amount equal to the difference between the total social
services district medical assistance expenditure amounts calculated for
such period in conformance with subdivisions (b), (c), (c-1), and (d) of
section 1 of part C of chapter 58 of the laws of 2005 and the total
social services district medical expenditure amounts that would have
resulted if the provisions of subdivision (c-1) of such section had not
been applied.
3. With respect to a social services district that rescinds the exer-
cise of the option provided in paragraph (i) of subdivision (b) of
section 2 of part C of chapter 58 of the laws of 2005, for state fiscal
year 2013-14 and for each fiscal year thereafter, the spending limit
calculated pursuant to subdivision one of this section shall be reduced
by the amount of the medical assistance expenditure amount calculated
for such district for such period.
4. THE YEAR TO YEAR RATE OF GROWTH SHALL BE REBASED AS OF APRIL 1,
2017 IN PROPORTION TO THE ELIMINATION OF FUNDS CURRENTLY CALCULATED IN
THE ANNUAL DEPARTMENT OF HEALTH STATE FUNDS MEDICAID SPENDING THAT DO
NOT SATISFY SUBDIVISION ONE OF THIS SECTION.
§ 2. Intentionally omitted.
§ 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
S. 2007--A 32
(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.
§ 3-a. Notwithstanding any contrary provision of law, the commissioner
of health shall not take any action with the purpose of reducing payment
for general hospital emergency services visits provided to patients
eligible for medical assistance pursuant to title 11 of article 5 of the
social services law, including such patients enrolled in organizations
operating in accordance with the provisions of article 44 of the public
health law or in health maintenance organizations organized and operat-
ing in accordance with article 43 of the insurance law.
§ 3-b. Section 364-j of the social services law is amended by adding a
new subdivision 33 to read as follows:
33. RATES PAID TO MANAGED CARE ORGANIZATIONS PARTICIPATING IN A
MANAGED CARE PROGRAM PURSUANT TO THIS SECTION MAY NOT BE REDUCED AS PART
OF ANY ADMINISTRATIVE ACTION IF:
(A) ANY MANAGED CARE ORGANIZATION PARTICIPATING IN THE SAME MANAGED
CARE PROGRAM HAS REPORTED ON THE FOURTH QUARTER OPERATING REPORTS OF THE
IMMEDIATELY PRECEDING CALENDAR YEAR THAT THE SUM OF THE REPORTED MEDICAL
EXPENSES AND ADMINISTRATIVE EXPENSES EXCEEDED RATES PAID TO THE MANAGED
CARE ORGANIZATION FOR THE MANAGED CARE PROGRAM; OR
(B) ANY MANAGED CARE ORGANIZATION PARTICIPATING IN THE SAME MANAGED
CARE PROGRAM HAS REPORTED A MEDICAL LOSS RATIO EXCEEDING NINETY PERCENT
IN THE PRECEDING CALENDAR YEAR; OR
(C) THE REDUCTION IS APPLICABLE TO A RATE PERIOD THAT BEGAN PRIOR TO
THE DATE THAT THE RATES FOR THAT PERIOD HAVE BEEN IMPLEMENTED.
FOR PURPOSES OF THIS SUBDIVISION "RATES" SHALL INCLUDE THE TOTAL
PAYMENTS MADE TO PLANS FOR PURPOSES OF DISTRIBUTIONS UNDER A QUALITY
POOL PROGRAM. WHILE THE AMOUNT PAID TO EACH PLAN MAY VARY DEPENDING ON
PLAN PERFORMANCE UNDER THE QUALITY PAYMENT METRICS, THE TOTAL AMOUNT
PAID TO ALL PLANS FOR QUALITY POOL PAYMENTS SHALL CONSTITUTE "RATES" AND
ARE SUBJECT TO THE PROVISIONS OF THIS SECTION. "RATES" SHALL NOT INCLUDE
SPECIFICALLY IDENTIFIED AMOUNTS ADDED TO REIMBURSE PLANS FOR PAYMENTS
DUE TO PROVIDERS OR OTHER ENTITIES PURSUANT TO STATUTORY OBLIGATIONS,
TAXES OR WAIVER PROGRAM PARTICIPATION.
§ 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 made to section 364-j of the social
services law made by section three-b of this act shall not affect the
repeal of such section and shall be deemed to be repealed therewith.
PART H
S. 2007--A 33
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
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.
S. 2007--A 34
§ 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
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-
S. 2007--A 35
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
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-
S. 2007--A 36
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
shall be available to fund clinical research positions in a subsequent
distribution period.
(G) In order to be eligible for distributions pursuant to this subpar-
agraph, each consortium and teaching general hospital shall provide to
the commissioner by July first of each distribution period, the follow-
ing data and information on a hospital-specific basis. Such data and
information shall be certified as to accuracy and completeness by the
chief executive officer, chief financial officer or chair of the consor-
tium governing body of each consortium or teaching general hospital and
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
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:
S. 2007--A 37
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(4) establish the qualifications for investigators and other staff
required for grant projects eligible for ECRIP grant awards; and
(5) establish a methodology for the distribution of funds under ECRIP
grant awards.
(c) Ambulatory care training. Four million nine hundred thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight, four million nine hundred thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine, four million nine hundred thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten, one million two hundred twenty-five
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, 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
S. 2007--A 38
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.
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
S. 2007--A 39
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
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
S. 2007--A 40
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 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
S. 2007--A 41
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-
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. 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] 2020; provided, however, that the commissioner of health shall
submit a report to the governor and the legislature detailing the objec-
tive, impact, design and computation of any pilot reimbursement program
established pursuant to this act, on or before March 31, 1994 and annu-
ally thereafter. Such report shall include an assessment of the finan-
cial impact of such payment system on providers, as well as the impact
of such system on access to care.
§ 9. 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;
§ 10. 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;
S. 2007--A 42
(O) FOR THE PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, UP TO ONE HUNDRED MILLION DOLLARS.
§ 11. 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-TWO MILLION FOUR
HUNDRED THOUSAND DOLLARS;
(R) FOR THE PERIOD APRIL FIRST, TWO THOUSAND EIGHTEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND NINETEEN, TWENTY-TWO MILLION FOUR HUNDRED
THOUSAND DOLLARS;
(S) FOR THE PERIOD APRIL FIRST, TWO THOUSAND NINETEEN THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY, TWENTY-TWO MILLION FOUR HUNDRED THOU-
SAND DOLLARS.
§ 12. 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.
§ 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:
S. 2007--A 43
4-c. Notwithstanding any provision of law to the contrary, the commis-
sioner shall make additional payments for uncompensated care to volun-
tary non-profit diagnostic and treatment centers that are eligible for
distributions under subdivision four of this section in the following
amounts: for the period June first, two thousand six through December
thirty-first, two thousand six, in the amount of seven million five
hundred thousand dollars, for the period January first, two thousand
seven through December thirty-first, two thousand seven, seven million
five hundred thousand dollars, for the period January first, two thou-
sand eight through December thirty-first, two thousand eight, seven
million five hundred thousand dollars, for the period January first, two
thousand nine through December thirty-first, two thousand nine, fifteen
million five hundred thousand dollars, for the period January first, two
thousand ten through December thirty-first, two thousand ten, seven
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.
S. 2007--A 44
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,
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
S. 2007--A 45
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-
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
S. 2007--A 46
authorized to deposit, within amounts appropriated each year, those
funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the
public health law and section 367-i of the social services law and for
distribution in accordance with the provisions of subdivision 9 of
section 2807-j of the public health law for the purpose of payment for
administration of statutory duties for the collections and distributions
authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
and 3614-b of the public health law and section 367-i of the social
services law into the special revenue funds - other, health care reform
act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
§ 15. 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-
S. 2007--A 47
sand five through December thirty-first, two thousand five, up to one
hundred fifty-three million eight hundred thousand dollars;
(x) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(xi) from the health care reform act (HCRA) resources fund for the
period January first, two thousand seven through December thirty-first,
two thousand seven, up to four hundred twenty-eight million fifty-nine
thousand dollars;
(xii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eight through December thirty-first,
two thousand ten, up to four hundred fifty-three million six hundred
seventy-four thousand dollars annually;
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars;
(xiv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
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
S. 2007--A 48
April first, two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through March thirty-first,
two thousand nine, shall be allocated to individual subsidy programs;
and
(B) an amount not to exceed seven million dollars on an annualized
basis for the periods during the period January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-nine
and four million dollars annually for the periods January first, two
thousand through December thirty-first, two thousand two, and three
million dollars for the period January first, two thousand three through
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
S. 2007--A 49
thousand dollars shall be reserved and accumulated from year to year
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
mulated from year to year from the health care reform act (HCRA)
resources fund for the period January first, two thousand six through
December thirty-first, two thousand six, up to seventy million nine
hundred thirty-nine thousand dollars shall be reserved and accumulated
from year to year from the health care reform act (HCRA) resources fund
for the period January first, two thousand seven through December thir-
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
S. 2007--A 50
for the period January first, two thousand through December thirty-
first, two thousand, up to twenty-one million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to twenty-two million dollars for the period January first,
two thousand two through December thirty-first, two thousand two, up to
twenty-two million five hundred fifty thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three, up to nine million six hundred eighty thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four, up to twelve million one hundred thirty
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, AND UP TO SIXTEEN MILLION TWO HUNDRED SEVENTY-NINE THOU-
SAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO
THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND 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, 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 to be allocated (A) for
the purposes established pursuant to subparagraph (ii) of paragraph (f)
of subdivision nineteen of section twenty-eight hundred seven-c of this
article as in effect on December thirty-first, nineteen hundred ninety-
six and as may thereafter be amended, up to fifteen million dollars
annually for the periods January first, two thousand through December
thirty-first, two thousand four, up to twenty-one million dollars annu-
S. 2007--A 51
ally for the period January first, two thousand five through December
thirty-first, two thousand six, and up to seven million five hundred
thousand dollars for the period January first, two thousand seven
through March thirty-first, two thousand seven;
(B) pursuant to a memorandum of understanding entered into by the
commissioner, the majority leader of the senate and the speaker of the
assembly, for the purposes outlined in such memorandum upon the recom-
mendation of the majority leader of the senate, up to eight million
five hundred thousand dollars annually for the period January first, two
thousand through December thirty-first, two thousand six, and up to four
million two hundred fifty thousand dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, and for
the purposes outlined in such memorandum upon the recommendation of the
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
S. 2007--A 52
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
thirty-first, two thousand seventeen, AND UP TO ONE MILLION NINE HUNDRED
THOUSAND DOLLARS FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST,
TWO THOUSAND SEVENTEEN 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 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;
S. 2007--A 53
(ii) provided, however, amounts transferred pursuant to subparagraph
(i) of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from the federal
government under the state's 1115 waiver which is directed under its
terms and conditions to the health facility restructuring program.
(e) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to organizations to support the health workforce
retraining program established pursuant to section twenty-eight hundred
seven-g of this article from the respective health care initiatives
pools established for the following periods in the following amounts
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, during the period January first, nineteen
hundred ninety-seven through December thirty-first, nineteen hundred
ninety-nine, up to fifty million dollars on an annualized basis, up to
thirty million dollars for the period January first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December thirty-
first, two thousand one, up to fifty million dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two, up to forty-one million one hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three, up to forty-one million one hundred fifty
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 seven-
teen, 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-
S. 2007--A 54
eight, eighty-two million dollars shall be transferred and deposited and
credited to the credit of the state general fund medical assistance
local assistance account;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million dollars shall be transferred and deposited and cred-
ited to the credit of the state general fund medical assistance local
assistance account;
(iv) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand through December thirty-first, two thousand four, eighty-two
million dollars annually, and for the period January first, two thousand
five through December thirty-first, two thousand five, eighty-two
million dollars, and for the period January first, two thousand six
through December thirty-first, two thousand six, eighty-two million
dollars, and for the period January first, two thousand seven through
December thirty-first, two thousand seven, eighty-two million dollars,
and for the period January first, two thousand eight through December
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other, HCRA transfer fund,
medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
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
S. 2007--A 55
article nine of this chapter from the respective health care initiatives
pools established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with para-
graphs (a) through (f) of this subdivision and shall be available for
distributions as follows:
(i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(B) from the pool for the period January first, nineteen hundred nine-
ty-eight through December thirty-first, nineteen hundred ninety-eight,
six and thirty-five-hundredths percent; and
(C) from the pool for the period January first, nineteen hundred nine-
ty-nine through December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(ii) funds shall be available for distributions including income from
invested funds as follows:
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(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;
S. 2007--A 56
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, and for the period January first,
two thousand five through December thirty-first, two thousand five, up
to nineteen million two hundred thousand dollars, and for the period
January first, two thousand six through December thirty-first, two thou-
sand 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 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 thousand 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 FIFTEEN
MILLION NINE HUNDRED FIFTY 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;
S. 2007--A 57
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, forty-eight million dollars
annually, and for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
(v) (A) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first, two thousand
three through December thirty-first, two thousand three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to twelve million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand thirteen, up to forty-eight million
dollars annually, 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 TWENTY-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 SIX MILLION FOUR HUNDRED THOUSAND DOLLARS ANNUALLY for volun-
tary 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
S. 2007--A 58
Health Research Incorporated from the respective health care initi-
atives pools or the health care reform act (HCRA) resources fund, which-
ever is applicable, established for the following periods in the follow-
ing percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
nine and fifty-two-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, nine and fifty-two-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine,
nine and sixty-eight-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, up to twelve million dollars
annually, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty million dollars;
and
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the periods January first, two thousand
four through December thirty-first, two thousand four, up to fifty-six
million dollars, for the period January first, two thousand five through
December thirty-first, two thousand six, up to sixty million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand ten, up to sixty million dollars
annually, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to fifteen million dollars,
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, AND UP TO FORTY-ONE MILLION FIFTY THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND 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;
S. 2007--A 59
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
(v) from the pool for the period January first, two thousand three
through December thirty-first, two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
(vi) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand ten, up to nineteen million dollars annually, and for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to four million seven hundred fifty thousand dollars.
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section shall be reserved and accumulated from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other, miscellaneous special revenue
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
S. 2007--A 60
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.
§ 16. 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:
(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
S. 2007--A 61
dollars for the period January first, two thousand five through December
thirty first, two thousand five, up to five million dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, up to seven million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and up to eight million three hundred twen-
ty-five thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to eight
million five hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
eight million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten,
up to two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through March thirty-first, two
thousand eleven, 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
S. 2007--A 62
three, for the period January first, two thousand three through December
thirty-first, two thousand three;
(v) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(vi) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand five, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(vii) eighty-eight million dollars, plus five hundred thousand
dollars, to be reserved, to be retained or for distribution pursuant to
a chapter of the laws of two thousand six, and pursuant to former
section twenty-seven hundred ninety-nine-l of this chapter, for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) eighty-six million four hundred thousand dollars, plus five
hundred thousand dollars, to be reserved, to be retained or for distrib-
ution pursuant to a chapter of the laws of two thousand seven and pursu-
ant to the former section twenty-seven hundred ninety-nine-l of this
chapter, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand seven; and
(ix) twenty-two million nine hundred thirteen thousand dollars, plus
one hundred twenty-five thousand dollars, to be reserved, to be retained
or for distribution pursuant to a chapter of the laws of two thousand
eight and pursuant to the former section twenty-seven hundred ninety-
nine-l of this chapter, for the period January first, two thousand eight
through March thirty-first, two thousand eight.
(d) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
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
S. 2007--A 63
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two for administration and marketing costs associated with such program
established pursuant to clause (B) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) two million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) thirty million five hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one; and
(iii) sixty-six million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(f) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of payment of administrative expenses of the department related
to the family health plus program established pursuant to section three
hundred sixty-nine-ee of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: five hundred thousand dollars on an
annual basis for the periods January first, two thousand through Decem-
ber thirty-first, two thousand six, five hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and five hundred thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight, five hundred thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, five hundred thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, one
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven and
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
S. 2007--A 64
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iii) up to thirty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iv) up to forty million dollars for the period January first, two
thousand three through December thirty-first, two thousand three of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(v) up to forty million dollars for the period January first, two
thousand four through December thirty-first, two thousand four of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vi) up to forty million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vii) up to forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand six of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
(viii) up to forty million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum shall be allocated to the program pursuant to
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;
S. 2007--A 65
(iii) up to five million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York group program
established pursuant to sections four thousand three hundred twenty-six
and four thousand three hundred twenty-seven of the insurance law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty-four million dollars for the period January first,
two thousand one through December thirty-first, two thousand one;
(ii) up to seventy-seven million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to ten million five hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(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
S. 2007--A 66
services and expenses related to the pilot program for entertainment
industry employees included in subsection (b) of section one thousand
one hundred twenty-two of the insurance law, and an additional seven
hundred thousand dollars annually for the periods January first, two
thousand four through December thirty-first, two thousand six, an addi-
tional three hundred thousand dollars for the period January first, two
thousand seven through June thirtieth, two thousand seven for services
and expenses related to the pilot program for displaced workers included
in subsection (c) of section one thousand one hundred twenty-two of the
insurance law.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the tobacco use prevention and
control program established pursuant to sections thirteen hundred nine-
ty-nine-ii and thirteen hundred ninety-nine-jj of this chapter, from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) up to thirty million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to forty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to forty million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(iv) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(v) up to thirty-six million nine hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) up to forty million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to eighty-one million nine hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated, a
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;
S. 2007--A 67
(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 THIRTY-THREE MILLION ONE HUNDRED FORTY-FOUR THOUSAND
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,
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;
S. 2007--A 68
(xi) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand ten through December thirty-first, two
thousand ten;
(xii) twenty-nine million two hundred thirty-seven thousand two
hundred fifty dollars, plus an additional one hundred twenty-five thou-
sand dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(xiii) one hundred twenty million thirty-eight thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve; and
(xiv) one hundred nineteen million four hundred seven thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand fourteen.
(l) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the personal care and certified home health agency rate or fee
increases established pursuant to subdivision three of section three
hundred sixty-seven-o of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) twenty-three million two hundred thousand dollars for the period
January first, two thousand through December thirty-first, two thousand;
(ii) twenty-three million two hundred thousand dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one;
(iii) twenty-three million two hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(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
S. 2007--A 69
pilot demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
(ii) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one;
(iii) three million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(iv) up to three million eight hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(v) up to three million eight hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(vi) up to three million eight hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(vii) up to three million eight hundred thousand dollars for the peri-
od January first, two thousand six through December thirty-first, two
thousand six;
(viii) up to three million eight hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to nine hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(n) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the special revenue funds - other, miscellaneous
special revenue fund - 339, elderly pharmaceutical insurance coverage
program premium account authorized pursuant to the provisions of title
three of article two of the elder law, or any successor fund or account,
for funding state expenses relating to the program from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(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;
S. 2007--A 70
(vii) six hundred three million one hundred fifty thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(viii) six hundred sixty million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(ix) three hundred sixty-seven million four hundred sixty-three thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight;
(x) three hundred thirty-four million eight hundred twenty-five thou-
sand dollars for the period January first, two thousand nine through
December thirty-first, two thousand nine;
(xi) three hundred forty-four million nine hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(xii) eighty-seven million seven hundred eighty-eight thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven;
(xiii) one hundred forty-three million one hundred fifty thousand
dollars for the period April first, two thousand eleven through March
thirty-first, two thousand twelve;
(xiv) one hundred twenty million nine hundred fifty thousand dollars
for the period April first, two thousand twelve through March thirty-
first, two thousand thirteen;
(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 THIRTY-TWO MILLION FIVE HUNDRED EIGHTY 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;
S. 2007--A 71
(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]
(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 SIXTY-SIX MILLION FIVE HUNDRED EIGHTY-SIX THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND SEVEN-
TEEN 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:
S. 2007--A 72
(i) seven million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
(ii) up to seven million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
(iii) up to seven million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(iv) up to seven million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to seven million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to seven million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to seven million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to seven million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to seven million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to one million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(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
FOR EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
SEVENTEEN 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;
S. 2007--A 73
(viii) seventeen million five hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(ix) sixty-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) sixty-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) sixty-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) seventeen million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven; and
(xiii) sixty-eight million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
(s) Funds shall be deposited by the commissioner within amounts appro-
priated, and the state comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special revenue funds -
other, HCRA transfer fund, medical assistance account, or any successor
fund or account, for purposes of providing distributions pursuant to
paragraphs (s-5), (s-6), (s-7) and (s-8) of subdivision eleven of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million dollars for the period January first, two thou-
sand through December thirty-first, two thousand;
(ii) twenty-four million dollars annually for the periods January
first, two thousand one through December thirty-first, two thousand two;
(iii) up to twenty-four million dollars for the period January first,
two thousand three through December thirty-first, two thousand three;
(iv) up to twenty-four million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(v) up to twenty-four million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(vi) up to twenty-four million dollars for the period January first,
two thousand six through December thirty-first, two thousand six;
(vii) up to twenty-four million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(viii) up to twenty-four million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
and
(ix) up to twenty-two million dollars for the period January first,
two thousand nine through November thirtieth, two thousand nine.
(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
S. 2007--A 74
January first, two thousand through December thirty-first, two thousand;
and
(iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of
this paragraph from the tobacco control and insurance initiatives pool
are contingent upon meeting all funding amounts established pursuant to
paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
and (s) of this subdivision, paragraph (a) of subdivision nine of
section twenty-eight hundred seven-j of this article, and paragraphs
(a), (i) and (k) of subdivision one of section twenty-eight hundred
seven-l of this article.
(u) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the nursing home quality
improvement demonstration program established pursuant to section twen-
ty-eight hundred eight-d of this article from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) up to twenty-five million dollars for the period beginning April
first, two thousand two and ending December thirty-first, two thousand
two, and on an annualized basis, for each annual period thereafter
beginning January first, two thousand three and ending December thirty-
first, two thousand four;
(ii) up to eighteen million seven hundred fifty thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five; and
(iii) up to fifty-six million five hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six.
(v) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the hospital excess liability pool created pursu-
ant to section eighteen of chapter two hundred sixty-six of the laws of
nineteen hundred eighty-six, or any successor fund or account, for
purposes of expenses related to the purchase of excess medical malprac-
tice insurance and the cost of administrating the pool, including costs
associated with the risk management program established pursuant to
section forty-two of part A of chapter one of the laws of two thousand
two required by paragraph (a) of subdivision one of section eighteen of
chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
as may be amended from time to time, from the tobacco control and insur-
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;
S. 2007--A 75
(v) up to one hundred thirteen million eight hundred thousand dollars
for the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) up to one hundred thirty million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) up to one hundred thirty million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(viii) up to one hundred thirty million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(ix) up to one hundred thirty million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(x) up to thirty-two million five hundred thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(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;
S. 2007--A 76
(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.
(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:
S. 2007--A 77
(i) eighteen million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) fifty-two million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) fifty-two million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) forty-nine million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) forty-nine million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight; and
(viii) twelve million two hundred fifty thousand dollars for the peri-
od January first, two thousand nine through March thirty-first, two
thousand nine.
Provided, however, amounts pursuant to this paragraph may be reduced
in an amount to be approved by the director of the budget to reflect
amounts received from the federal government under the state's 1115
waiver which are directed under its terms and conditions to the health
workforce recruitment and retention program.
(z) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the non-public residential health care facility rate increases
for recruitment and retention of health care workers pursuant to para-
graph (a) of subdivision eighteen of section twenty-eight hundred eight
of this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) twenty-one million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-three million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) forty-six million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(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;
S. 2007--A 78
(vii) twenty-four million seven hundred thousand dollars for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(ix) nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten; and
(x) two million three hundred twenty-five thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(aa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public residential health care facilities for recruitment
and retention of health care workers pursuant to paragraph (b) of subdi-
vision eighteen of section twenty-eight hundred eight of this article
from the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(i) seven million five hundred thousand dollars on an annualized basis
for the period January first, two thousand two through December thirty-
first, two thousand two;
(ii) eleven million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixteen million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(vi) ten million eight hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) six million seven hundred fifty thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight; and
(viii) one million three hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine.
(bb)(i) Funds shall be deposited by the commissioner, within amounts
appropriated, and subject to the availability of federal financial
participation, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
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-
S. 2007--A 79
ing the recruitment and retention of personal care service workers or
any worker with direct patient care responsibility, from the tobacco
control and insurance initiatives pool established for the following
periods and the following amounts:
(A) forty-four million dollars, on an annualized basis, for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(B) seventy-four million dollars, on an annualized basis, for the
period January first, two thousand three through December thirty-first,
two thousand three;
(C) one hundred four million dollars, on an annualized basis, for the
period January first, two thousand four through December thirty-first,
two thousand four;
(D) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(E) one hundred thirty-six million dollars, on an annualized basis,
for the period January first, two thousand six through December thirty-
first, two thousand six;
(F) one hundred thirty-six million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(G) one hundred thirty-six million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(H) one hundred thirty-six million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(I) one hundred thirty-six million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(J) thirty-four million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven;
(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;
S. 2007--A 80
(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;
(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;
S. 2007--A 81
(iii) eight million four hundred thousand dollars, on an annualized
basis, for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand five through December
thirty-first, two thousand five;
(v) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(viii) eleven million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten;
(x) two million eight hundred thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven;
(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;
S. 2007--A 82
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) twenty-one million three hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) eighty-five million two hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen.
(ee) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of the free-standing diagnostic and treatment center rate increases for
recruitment and retention of health care workers pursuant to subdivision
seventeen of section twenty-eight hundred seven of this article from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million two hundred fifty thousand dollars for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(ii) three million two hundred fifty thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) three million two hundred fifty thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) three million two hundred fifty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) three million two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) three million two hundred fifty thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(viii) two million four hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and
S. 2007--A 83
(x) three hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(ff) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for disabled persons as authorized pursuant to
former subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) one million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) sixteen million four hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eighteen million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) thirty million six hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) fifteen million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(viii) fifteen million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(ix) fifteen million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten;
(x) three million seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(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;
S. 2007--A 84
(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;
(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;
S. 2007--A 85
(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
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-
S. 2007--A 86
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
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;
S. 2007--A 87
(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;
(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
S. 2007--A 88
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
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
S. 2007--A 89
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,
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;
S. 2007--A 90
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; [and]
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(vii) up to five million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
(viii) up to one million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(pp) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the provision of tax credits for long term care
insurance pursuant to subdivision one of section one hundred ninety of
the tax law, paragraph (a) of subdivision twenty-five-a of section two
hundred ten of such law, subsection (aa) of section six hundred six of
such law, paragraph one of subsection (k) of section fourteen hundred
fifty-six of such law and paragraph one of subdivision (m) of section
fifteen hundred eleven of such law, in the following amounts:
(i) ten million dollars for the period January first, two thousand
four through December thirty-first, two thousand four;
(ii) ten million dollars for the period January first, two thousand
five through December thirty-first, two thousand five;
(iii) ten million dollars for the period January first, two thousand
six through December thirty-first, two thousand six; and
(iv) five million dollars for the period January first, two thousand
seven through June thirtieth, two thousand seven.
(qq) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the long-term care insurance education and
outreach program established pursuant to section two hundred seventeen-a
of the elder law for the following periods in the following amounts:
(i) up to five million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
S. 2007--A 91
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
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;
S. 2007--A 92
(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
(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
S. 2007--A 93
(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:
(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:
S. 2007--A 94
(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
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
S. 2007--A 95
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;
(iv) one hundred seventy-one million five hundred thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(v) one hundred twenty-eight million seven hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
(vi) one hundred thirty-one million three hundred seventy-five thou-
sand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten;
(vii) thirty-four million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first, two thousand eleven through
March thirty-first, two thousand twelve;
(ix) one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March thirty-first,
two thousand thirteen; AND
(x) seventy-eight million seventy-one thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen.
(aaa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for services
and expenses related to school based health centers, in an amount up to
three million five hundred thousand dollars for the period April first,
two thousand six through March thirty-first, two thousand seven, up to
three million five hundred thousand dollars for the period April first,
two thousand seven through March thirty-first, two thousand eight, up to
three million five hundred thousand dollars for the period April first,
two thousand eight through March thirty-first, two thousand nine, up to
three million five hundred thousand dollars for the period April first,
two thousand nine through March thirty-first, two thousand ten, up to
three million five hundred thousand dollars for the period April first,
two thousand ten through March thirty-first, two thousand eleven, 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.
S. 2007--A 96
(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
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 FOR EACH STATE FISCAL YEAR FOR THE
PERIOD APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY.
S. 2007--A 97
(ddd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the medical assistance rates for providers for
purposes of enhancing the provision, quality and/or efficiency of home
care services pursuant to subdivision eleven of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following period in the amount of
eight million dollars for the period April first, two thousand six
through December thirty-first, two thousand six.
(eee) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, to the Center
for Functional Genomics at the State University of New York at Albany,
for the purposes of the Adirondack network for cancer education and
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
S. 2007--A 98
(ii) two million two hundred ninety-two thousand dollars for the peri-
od January first, two thousand nine through November thirtieth, two
thousand nine.
(iii) Funds shall be reserved and set aside and accumulated from year
to year and shall be made available, including income from investment
funds, for the purpose of supporting the New York state medical indem-
nity fund as authorized pursuant to title four of article twenty-nine-D
of this chapter, for the following periods and in the following amounts,
provided, however, that the commissioner is authorized to seek waiver
authority from the federal centers for medicare and Medicaid for the
purpose of securing Medicaid federal financial participation for such
program, in which case the funding authorized pursuant to this paragraph
shall be utilized as the non-federal share for such payments:
Thirty million dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve.
2. (a) For periods prior to January first, two thousand five, the
commissioner is authorized to contract with the article forty-three
insurance law plans, or such other contractors as the commissioner shall
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.
§ 17. 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
S. 2007--A 99
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
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
S. 2007--A 100
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.
§ 18. 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,
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
S. 2007--A 101
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
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.
§ 19. 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-
S. 2007--A 102
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.
(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
S. 2007--A 103
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
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
S. 2007--A 104
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
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,
S. 2007--A 105
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.
§ 20. 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
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
S. 2007--A 106
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.
§ 21. 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,
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.
S. 2007--A 107
(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.
§ 22. 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
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.
§ 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;
(b) the amendments to subdivision 6 of section 2807-t of the public
health law made by section twelve of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith; and
(c) sections seventeen through twenty-two of this act shall be deemed
to have been in full force and effect on and after April 1, 2017.
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
S. 2007--A 108
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
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
S. 2007--A 109
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, 2018 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, 2018 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
S. 2007--A 110
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.
§ 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] 2018 through March 31, [2017] 2018, 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] 2018 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] 2018 calendar year shall also
S. 2007--A 111
be applied to rates of payment provided on and after January 1, [2017]
2018 through March 31, [2017] 2018 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] 2018 through March 31, [2017] 2018, such
trend factors attributable to the [2017] 2018 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] 2018;
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] 2018;
§ 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
S. 2007--A 112
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.
§ 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] 2019;
§ 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
S. 2007--A 113
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.
§ 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 general obligations law is amended by adding a new
article 18-B to read as follows:
ARTICLE 18-B
PHARMACY BENEFIT MANAGERS
SECTION 18-301. PHARMACY BENEFIT MANAGERS.
§ 18-301. PHARMACY BENEFIT MANAGERS. (A) FOR PURPOSES OF THIS SECTION:
(1) "PHARMACY BENEFIT MANAGER" MEANS AN ENTITY THAT CONTRACTS WITH A
COVERED ENTITY TO PROVIDE PHARMACY HEALTH BENEFIT SERVICES OR ADMINIS-
TRATION.
(2) "COVERED ENTITY" MEANS AN INSURANCE COMPANY AUTHORIZED IN THIS
STATE TO WRITE ACCIDENT AND HEALTH INSURANCE, A COMPANY ORGANIZED PURSU-
ANT 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 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 TWEN-
TY-FOUR OF THE INSURANCE LAW, OR THE NEW YORK STATE HEALTH INSURANCE
PLAN ESTABLISHED UNDER ARTICLE ELEVEN OF THE CIVIL SERVICE LAW, OR A
HEALTH PROGRAM ADMINISTERED BY THE DEPARTMENT OF HEALTH.
(3) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS DIRECTLY OR THROUGH
AN INTERMEDIARY, MANAGING THE PRESCRIPTION DRUG COVERAGE PROVIDED BY A
COVERED ENTITY, 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 GRIEVANCES RELATED TO PRESCRIPTION DRUG COVERAGE, CONTRACTING
WITH NETWORK PHARMACIES AND CONTROLLING THE COST OF COVERED PRESCRIPTION
DRUGS.
(B) THE CONTRACT BETWEEN THE PHARMACY BENEFIT MANAGER AND A COVERED
ENTITY SHALL PROVIDE FOR DISCLOSURE OF INFORMATION TO THE COVERED ENTI-
TY, UPON SIXTY DAYS NOTIFICATION TO THE PHARMACY BENEFIT MANAGER AND/OR
AT REGULAR NEGOTIATED REPORTING INTERVALS, NECESSARY FOR THE COVERED
ENTITY TO DETERMINE PHARMACY BENEFIT MANAGER COMPLIANCE WITH THE
CONTRACT TERMS BUT SHALL NOT INCLUDE PROPRIETARY BUSINESS INFORMATION
AND PROTECTED HEALTH INFORMATION.
(C) THE CONTRACT BETWEEN THE PHARMACY MANAGER AND COVERED ENTITY SHALL
PROVIDE FOR AN ANNUAL AUDIT RIGHT TO ALLOW THE COVERED ENTITY TO EXECUTE
AN AUDIT TO VALIDATE COMPLIANCE WITH CONTRACT TERMS WITH RESPECT TO
PROGRAMS THAT THE COVERED ENTITY OFFERS OR PROVIDES TO ITS ENROLLEES FOR
PRESCRIPTION DRUG BENEFITS ADMINISTERED BY THE PHARMACY BENEFIT MANAGER.
S. 2007--A 114
(D) THE PHARMACY BENEFIT MANAGER MAY REQUIRE A NONDISCLOSURE AGREEMENT
UNDER WHICH A COVERED ENTITY AGREES THAT THE INFORMATION OBTAINED DURING
AN AUDIT IS PROPRIETARY INFORMATION. THE PHARMACY BENEFIT MANAGER MAY
NOT BE REQUIRED TO PROVIDE THE INFORMATION UNTIL THE COVERED ENTITY HAS
EXECUTED THE NONDISCLOSURE AGREEMENT, UNLESS THE CONTRACT SAYS OTHER-
WISE.
(E) THE PHARMACY BENEFIT MANAGER SHALL ACT IN GOOD FAITH TO PERFORM IN
COMPLIANCE WITH THE TERMS OF AN EXECUTED CONTRACT FOR PHARMACY BENEFIT
MANAGEMENT SERVICES.
§ 2. Section 280-a of the public health law is amended by adding a new
subdivision 3 to read as follows:
3. A PHARMACY BENEFIT MANAGER SHALL, WITH RESPECT TO CONTRACTS BETWEEN
THE PHARMACY BENEFIT MANAGER AND AN INSURER, ENSURE A PRESCRIPTION DRUG
CONSUMER IS NOT CHARGED, THROUGH EITHER A CO-PAY OR DEDUCTIBLE, A COST
THAT IS HIGHER THAN THE NEGOTIATED REIMBURSEMENT RATE FOR THE DRUG, LESS
ANY REBATE COLLECTED.
§ 3. Section 4406-c of the public health law is amended by adding a
new subdivision 9 to read as follows:
9. NO HEALTH MAINTENANCE ORGANIZATION SHALL REQUIRE AN ENROLLEE TO
PAY A COST HIGHER THAN THE HEALTH MAINTENANCE ORGANIZATION'S OR THEIR
PHARMACY BENEFIT MANAGER'S NEGOTIATED REIMBURSEMENT RATE FOR A
PRESCRIPTION DRUG, LESS ANY REBATES COLLECTED. ANY CO-PAYMENT CHARGED
UNDER THE CONTRACT SHALL ALSO BE BASED UPON THE NEGOTIATED RATE, LESS
ANY REBATE COLLECTED.
§ 4. Section 3217-b of the insurance law is amended by adding a new
subsection (k) to read as follows:
(K) NO INSURER SHALL REQUIRE AN INSURED TO PAY A COST HIGHER THAN THE
INSURER'S OR THEIR PHARMACY BENEFIT MANAGER'S NEGOTIATED REIMBURSEMENT
RATE FOR A PRESCRIPTION DRUG, LESS ANY REBATES COLLECTED. ANY CO-PAYMENT
CHARGED UNDER THE POLICY SHALL ALSO BE BASED UPON THE NEGOTIATED RATE,
LESS ANY REBATE COLLECTED.
§ 5. Section 4325 of the insurance law is amended by adding a new
subsection (1) to read as follows:
(1) NO CORPORATION ORGANIZED UNDER THIS ARTICLE SHALL REQUIRE A
COVERED PERSON TO PAY A COST HIGHER THAN THE CORPORATION'S OR THEIR
PHARMACY BENEFIT MANAGER'S NEGOTIATED REIMBURSEMENT RATE FOR A
PRESCRIPTION DRUG, LESS ANY REBATES COLLECTED. ANY CO-PAYMENT CHARGED
UNDER THE CONTRACT SHALL ALSO BE BASED UPON THE NEGOTIATED RATE, LESS
ANY REBATE COLLECTED.
§ 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on or after April 1, 2017.
PART K
Intentionally Omitted
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
S. 2007--A 115
SOLELY FOR THE PURPOSE OF PROVIDING ADVICE TO THE GOVERNOR AND THE
LEGISLATURE TO EVALUATE THE CURRENT STATUTES, POLICIES AND REGULATIONS
THAT GOVERN THE LICENSURE AND OVERSIGHT OF HEALTH CARE FACILITIES AND
HOME CARE.
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 TWELVE 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-
RARY PRESIDENT OF THE SENATE AND ONE RECOMMENDED BY THE MINORITY LEADER
OF THE SENATE, OR THEIR REPRESENTATIVES; AND STAKEHOLDERS WITH EXPERTISE
IN THE LICENSURE AND OPERATION OF HEALTH CARE FACILITIES AND HOME CARE.
(B) VACANCIES SHALL BE FILLED BY THE GOVERNOR AND SUBJECT TO APPROVAL
BY THE LEGISLATURE. THE GOVERNOR MAY APPOINT ADDITIONAL VOTING AND NON-
VOTING MEMBERS TO THE HEALTH CARE REGULATION MODERNIZATION TEAM AS
NECESSARY AND WITH LEGISLATIVE APPROVAL.
(C) MEMBERS OF THE TEAM SHALL SERVE AT THE PLEASURE OF THE APPOINTING
BODIES.
(D) THE GOVERNOR SHALL DESIGNATE A CHAIR OR CO-CHAIRS FROM AMONG THE
MEMBERS OF THE HEALTH CARE REGULATION MODERNIZATION TEAM.
(E) THE SENATE AND ASSEMBLY SHALL EACH APPOINT A STATE OFFICER OR
EMPLOYEE WITH RELEVANT EXPERIENCE AS CO-EXECUTIVE DIRECTORS 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 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.
S. 2007--A 116
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 ADVISING ON MATTERS THAT SHALL INCLUDE:
(A) STREAMLINING STATE AGENCY CERTIFICATE OF NEED AND OTHER LICENSURE
OR CONSTRUCTION APPROVAL PROCESSES IN BOTH STATUTE AND REGULATION 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) UNIFORM AND ROUTINE TRAINING FOR CENTRAL AND REGIONAL DEPARTMENT
STAFF PERFORMING SURVEILLANCE PURSUANT TO TITLE XVIII OF THE FEDERAL
SOCIAL SECURITY ACT;
(C) ESTABLISHING A PROCESS BY WHICH THE DEPARTMENT SHALL COMMUNICATE
TO PROVIDERS ANY NEW REGULATORY INTERPRETATIONS, SURVEY METHODS OR POLI-
CIES. SUCH PROCESS SHALL INCLUDE AN OPPORTUNITY FOR PUBLIC COMMENT, AND
RECOMMENDATIONS ON REASONABLE TIMEFRAMES FOR PROVIDERS TO COMPLY WITH
SUCH INTERPRETATIONS, SURVEY METHODS, OR POLICIES; AND
(D) IMPLEMENTING ACCOUNTABILITY MECHANISMS FOR DEPARTMENT SURVEILLANCE
STAFF, WHICH SHALL CONSIST OF THE PROVISION OF DATA REGARDING THE NATURE
AND FREQUENCY OF CITATIONS, INCLUDING GEOGRAPHIC DISTRIBUTION, DEVI-
ATIONS BY A PARTICULAR SURVEYOR, AND THE DEPARTMENT'S RESPONSE TO ANY
ODDITIES OR TRENDS IN SURVEILLANCE METHODS.
6. THE CO-EXECUTIVE DIRECTORS SHALL NOTIFY STAKEHOLDERS OF THE
PURPOSES OF THE HEALTH CARE REGULATION MODERNIZATION TEAM, THE OPPORTU-
NITIES FOR STAKEHOLDER 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 ADVISORY 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 NO LATER THAN DECEMBER THIR-
TY-FIRST, TWO THOUSAND SEVENTEEN.
8. THE HEALTH CARE REGULATION MODERNIZATION TEAM SHALL TERMINATE ITS
DUTIES AND RESPONSIBILITIES NO LATER THAN APRIL FIRST, TWO THOUSAND
EIGHTEEN.
§ 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:
§ 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
S. 2007--A 117
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 SUBSTANCE LISTED ON THE
FEDERAL SAFE DRINKING WATER ACT (42 USC § 300G-1) UNREGULATED CONTAM-
INANT MONITORING RULE AS AMENDED FROM TIME TO TIME AND ANY SUBSTANCE
RECOMMENDED BY THE DRINKING WATER QUALITY INSTITUTE AND ADOPTED BY THE
DEPARTMENT AS SET FORTH IN SECTION TWO HUNDRED SIXTY-SEVEN OF THIS CHAP-
TER.
B. "NONTRANSIENT NONCOMMUNITY WATER SYSTEM" SHALL MEAN A PUBLIC WATER
SYSTEM THAT IS NOT A COMMUNITY WATER SYSTEM BUT IS A SUBSET OF A NONCOM-
MUNITY 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.
C. "COVERED PUBLIC WATER SYSTEM" SHALL MEAN A COMMUNITY OR NONTRAN-
SIENT NONCOMMUNITY WATER SYSTEM THAT SERVES MORE THAN FOUR THOUSAND
INDIVIDUALS.
D. "NON-COVERED PUBLIC WATER SYSTEM" SHALL MEAN A COMMUNITY OR
NONTRANSIENT NONCOMMUNITY WATER SYSTEM THAT SERVES FOUR THOUSAND OR LESS
INDIVIDUALS.
3. A. EVERY COVERED PUBLIC WATER SYSTEM IN THE STATE SHALL TEST DRINK-
ING WATER FOR THE PRESENCE OF EMERGING CONTAMINANTS AT LEAST ONCE EVERY
THREE YEARS. THE COMMISSIONER MAY REQUIRE CERTAIN NON-COVERED PUBLIC
WATER SYSTEMS TO TEST FOR SPECIFIC EMERGING CONTAMINANTS IF HE OR SHE
HAS A REASONABLE BELIEF THAT SUCH TESTING IS NECESSARY FOR PUBLIC SAFE-
TY.
B. A NON-COVERED PUBLIC WATER SYSTEM MAY REQUEST THAT THE DEPARTMENT
TEST FOR AN EMERGING CONTAMINANT. IF REQUESTED, THE DEPARTMENT SHALL
CONDUCT SUCH TESTING WITHIN THIRTY DAYS OF THE REQUEST AND PROVIDE THE
NON-COVERED PUBLIC WATER SYSTEM WITH TEST RESULTS WITHIN THIRTY DAYS OF
RECEIPT. TESTING PERFORMED PURSUANT TO THIS PARAGRAPH SHALL TAKE PLACE
NO MORE OFTEN THAN AS REQUIRED BY PARAGRAPH A OF THIS SUBDIVISION,
UNLESS THE COMMISSIONER HAS A REASONABLE BELIEF THAT ADDITIONAL TESTING
IS NECESSARY FOR PUBLIC SAFETY.
C. EVERY TEST CONDUCTED IN ACCORDANCE WITH THIS SECTION BY OR FOR A
COVERED OR NON-COVERED PUBLIC WATER SYSTEM UNDER 10,000 INDIVIDUALS
SHALL BE FUNDED BY THE STATE SUBJECT TO APPROPRIATION.
4. 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 COVERED PUBLIC WATER SYSTEM OR NON-COVERED PUBLIC WATER
SYSTEM AND THE DEPARTMENT ELECTRONICALLY IN THE MANNER PRESCRIBED PURSU-
ANT TO SECTION FIVE HUNDRED TWO OF THIS CHAPTER.
5. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING NOTIFI-
CATION LEVELS EQUAL TO THE MAXIMUM CONTAMINANT LEVEL, ADVISORY LEVEL OR
OTHER THRESHOLD LEVEL RECOMMENDED BY THE DRINKING WATER QUALITY INSTI-
TUTE ESTABLISHED IN SECTION TWO HUNDRED SIXTY-SEVEN OF THIS CHAPTER. IN
THE INTERIM, OR IN THE ABSENCE OF SUCH RECOMMENDATION BY THE DRINKING
WATER QUALITY INSTITUTE, THE COMMISSIONER SHALL ADOPT ANY EXISTING
FEDERAL ADVISORY OR OTHER THRESHOLD LEVEL AS A NOTIFICATION LEVEL.
6. THE COMMISSIONER MAY, BY DECLARATION, ADD ANY PHYSICAL, CHEMICAL,
MICROBIOLOGICAL OR RADIOLOGICAL SUBSTANCE TO THE LIST OF EMERGING
CONTAMINANTS ESTABLISHED PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO OF
S. 2007--A 118
THIS SECTION, WHICH SHALL INCLUDE ESTABLISHMENT OF A NOTIFICATION LEVEL
FOR SUCH SUBSTANCE, IF THE COMMISSIONER 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 REGU-
LATIONS ADDING THE NEW EMERGING CONTAMINANT AND ESTABLISHING SUCH
NOTIFICATION LEVEL WITHIN ONE YEAR OF SUCH DECLARATION.
7. WHENEVER A COVERED PUBLIC WATER SYSTEM OR A NON-COVERED PUBLIC
WATER SYSTEM IS ADVISED BY THE LABORATORY OR 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 OR NON-COVERED PUBLIC WATER SYSTEM
SHALL NOTIFY THE STATE AND ALL OWNERS OF REAL PROPERTY SERVED BY THE
SYSTEM IN A TIME OF NOT MORE THAN TEN DAYS AND MANNER TO BE PRESCRIBED
BY THE DEPARTMENT, TAKING INTO CONSIDERATION ANY NOTIFICATION RECOMMEN-
DATIONS OF THE DRINKING WATER QUALITY INSTITUTE ESTABLISHED IN SECTION
TWO HUNDRED SIXTY-SEVEN OF THIS CHAPTER; AND
B. THE COMMISSIONER SHALL WORK WITH THE COVERED PUBLIC WATER SYSTEM OR
NON-COVERED PUBLIC WATER SYSTEM TO REDUCE EXPOSURE TO EMERGING CONTAM-
INANTS IN A TIMELY MANNER AND PROVIDE ASSISTANCE WITH ACCESSING AVAIL-
ABLE RESOURCES.
8. ANY OWNER OF REAL PROPERTY, INCLUDING ANY OWNER'S AGENT, TO WHOM A
COVERED PUBLIC WATER SYSTEM OR NON-COVERED PUBLIC WATER SYSTEM HAS
PROVIDED NOTIFICATION OF THE EXCEEDANCE OF A NOTIFICATION LEVEL ESTAB-
LISHED PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, SHALL TAKE ALL
REASONABLE AND NECESSARY STEPS TO PROVIDE, WITHIN TEN DAYS, ANY TENANTS
WITH COPIES OF THE NOTIFICATION PROVIDED BY THE WATER SYSTEM.
9. THE COMMISSIONER SHALL PROMULGATE REGULATIONS PURSUANT TO WHICH THE
DEPARTMENT SHALL PROVIDE FINANCIAL ASSISTANCE FOR COMPLIANCE WITH THE
TESTING REQUIREMENTS OF THIS SECTION TO ANY COVERED PUBLIC WATER SYSTEM
OR NON-COVERED PUBLIC WATER SYSTEM UPON A SHOWING THAT THE COSTS ASSOCI-
ATED WITH TESTING DRINKING WATER IN COMPLIANCE WITH THIS SECTION WOULD
IMPOSE A 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,
TOWN, VILLAGE, COUNTY OR PART-COUNTY HEALTH DEPARTMENT OR OTHER APPRO-
PRIATELY AUTHORIZED OFFICIAL IN AN ELECTRONIC MANNER PRESCRIBED BY THE
DEPARTMENT.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such date.
PART N
Section 1. Article 2 of the public health law is amended by adding a
new title VII to read as follows:
TITLE VII
DRINKING WATER QUALITY
INSTITUTE
SECTION 267. DRINKING WATER QUALITY INSTITUTE; ESTABLISHED.
§ 267. DRINKING WATER QUALITY INSTITUTE; ESTABLISHED. 1. THERE SHALL
BE ESTABLISHED, WITHIN THE DEPARTMENT, THE DRINKING WATER QUALITY INSTI-
TUTE. SUCH INSTITUTE SHALL BE COMPOSED OF TEN MEMBERS AS FOLLOWS:
S. 2007--A 119
(A) THE COMMISSIONER;
(B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
(C) THE DIRECTOR OF THE OFFICE OF WATER RESOURCES WITHIN THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION;
(D) THE DIRECTOR OF THE CENTER FOR ENVIRONMENTAL HEALTH WITHIN THE
DEPARTMENT;
(E) TWO MEMBERS APPOINTED BY THE GOVERNOR;
(F) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
AND
(G) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY.
2. (A) OF THE MEMBERS APPOINTED TO THE DRINKING WATER QUALITY INSTI-
TUTE, THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY SHALL EACH APPOINT:
(I) ONE MEMBER WHO REPRESENTS WATER PURVEYORS, OF WHICH ONE APPOINTING
AUTHORITY SHALL APPOINT A REPRESENTATIVE OF WATER PURVEYORS WHOSE PRIMA-
RY WATER SOURCE IS AN UNDERGROUND SOURCE OR SOURCES; AND
(II) ONE MEMBER REPRESENTING THE PUBLIC, WHO HAS A BACKGROUND IN ENVI-
RONMENTAL HEALTH ISSUES WITH EXPERTISE AND QUALITY AND CONTAMINATION OF
DRINKING WATER AND/OR HEALTH RISKS ASSOCIATED WITH CONTAMINATION.
(B) THE MEMBERS OF SUCH INSTITUTE APPOINTED PURSUANT TO PARAGRAPHS
(E), (F) AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL SERVE TERMS OF
THREE YEARS; PROVIDED, HOWEVER, THAT OF THE INITIAL APPOINTMENTS:
(I) THE WATER PURVEYOR REPRESENTATIVE APPOINTED BY THE GOVERNOR AND
THE PUBLIC REPRESENTATIVE APPOINTED BY THE SPEAKER OF THE ASSEMBLY SHALL
SERVE INITIAL TERMS OF ONE YEAR;
(II) THE PUBLIC REPRESENTATIVE APPOINTED BY THE GOVERNOR AND THE WATER
PURVEYOR REPRESENTATIVE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
SENATE SHALL SERVE INITIAL TERMS OF TWO YEARS;
(III) THE REMAINING APPOINTED MEMBERS SHALL SERVE INITIAL TERMS OF
THREE YEARS.
(C) THE MEMBERS APPOINTED PURSUANT TO PARAGRAPHS (E), (F) AND (G) 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. PROVIDED, FURTHER, THAT ANY APPOINTED MEMBER OF THE
DRINKING WATER QUALITY INSTITUTE MAY BE REMOVED FOR CAUSE BY HIS OR HER
APPOINTING AUTHORITY AFTER A PUBLIC HEARING.
3. THE MEMBERS OF THE DRINKING WATER QUALITY INSTITUTE 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 INSTITUTE SHALL MEET AT SUCH TIMES AND
PLACES AS MAY BE DETERMINED BY ITS CHAIR, WHO SHALL BE ELECTED FROM THE
MEMBERSHIP OF SUCH INSTITUTE BY A MAJORITY OF THE MEMBERS. THE INSTITUTE
SHALL MEET AT A MINIMUM OF BIANNUALLY. A MAJORITY OF THE MEMBERS OF SUCH
INSTITUTE 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
INSTITUTE.
5. THE INSTITUTE SHALL ESTABLISH AN ADVISORY COMMITTEE OF COMMUNITY
STAKEHOLDERS INCLUDING BUT NOT LIMITED TO WELL DRILLERS, COMMUNITY WATER
ADVOCATES, AND REPRESENTATIVES OF THE SCIENTIFIC COMMUNITY TO CONSULT AS
IT MAY DEEM NECESSARY.
6. THE INSTITUTE SHALL MAKE RECOMMENDATIONS TO THE DEPARTMENT RELATING
TO:
S. 2007--A 120
(A) DEVELOPING A LIST OF EMERGING CONTAMINANTS, WHICH SHALL INCLUDE
BUT NOT BE LIMITED TO WATERBORNE PATHOGENS SUCH AS LEGIONELLA AND ALGAE,
FOR WHICH TESTING SHALL BE REQUIRED PURSUANT TO SECTION ONE THOUSAND ONE
HUNDRED TWELVE OF THIS CHAPTER. IN DEVELOPING SUCH RECOMMENDATION, THE
INSTITUTE SHALL INCLUDE ALL CONTAMINANTS ON THE FEDERAL UNREGULATED
CONTAMINANT MONITORING RULES AND ANY ADDITIONAL CONTAMINANTS DEEMED
APPROPRIATE BY THE INSTITUTE.
(I) UPON INCLUSION ON THIS LIST, THE INSTITUTE SHALL RECOMMEND A MAXI-
MUM CONTAMINANT LEVEL (MCL) OR OTHER THRESHOLD FOR EACH UNREGULATED
CONTAMINANT, IN NO EVENT SHALL SUCH RECOMMENDED LEVEL BE LESS STRINGENT
THAN FEDERAL STANDARDS, ADVISORIES OR THRESHOLD LEVELS, AND IF FEDERAL
STANDARDS CHANGE AT ANY TIME, THE INSTITUTE SHALL UPDATE THEIR RECOMMEN-
DATION TO THE DEPARTMENT.
(II) THE INSTITUTE MAY CONSULT THE EPA'S INTEGRATED RISK INFORMATION
SYSTEM, THE AGENCY FOR TOXIC SUBSTANCE AND DISEASE REGISTRY OR OTHER
REPUTABLE SOURCES WHEN DETERMINING MCLS OR OTHER THRESHOLD LEVELS.
(III) THE INSTITUTE SHALL RECOMMEND TIMEFRAMES AND FREQUENCIES IN
WHICH TESTING SHOULD BE REQUIRED FOR THE CONTAMINANTS PROMULGATED ON
THIS LIST, ALLOWING FOR VARIATION BASED ON THE REGION AND SIZE OF THE
WATER SYSTEM.
(IV) THE INSTITUTE SHALL PROVIDE THE DEPARTMENT WITH ITS FIRST LIST OF
EMERGING CONTAMINANTS AND CORRESPONDING MCLS OR OTHER THRESHOLD LEVELS
FOR WHICH TESTING SHALL BE REQUIRED NO LATER THAN ONE YEAR FROM THE
ENACTMENT OF THE INSTITUTE, THE INSTITUTE SHALL UPDATE THE LIST AND
RECOMMEND MCLS OR OTHER THRESHOLD LEVELS ANNUALLY THEREAFTER;
(B) CONDUCTING SCIENTIFIC STUDIES OR SCIENTIFIC BASED RESEARCH, AS
WELL AS CONDUCTING PUBLIC OUTREACH;
(C) RECOMMENDING A CLEAR NOTIFICATION PROCESS FOR PUBLIC WATER SYSTEMS
AND STATE AGENCIES DEALING WITH WATER QUALITY ISSUES, WHEN THERE ARE
ACTUAL OR POTENTIAL EMERGING CONTAMINANT THREATS INCLUDING, BUT NOT
LIMITED TO, CLEAR AND CONCISE DOCUMENTS TO BE UTILIZED WHEN NOTIFYING
THE PUBLIC AND USE OF A REVERSE 911 SYSTEM;
(D) DEVELOPING APPROPRIATE TESTING TECHNIQUES TO MEASURE MAXIMUM
CONTAMINANT LEVELS OR OTHER THRESHOLD LEVELS;
(E) ENSURING STATE OFFICIALS ARE AWARE OF THE MOST UP-TO-DATE RESEARCH
AND SCIENCE REGARDING WATER QUALITY AND CONTAMINANTS;
(F) WORKING WITH OTHER STATE AGENCIES AND THE FEDERAL GOVERNMENT TO
ENSURE FUNDS ARE AVAILABLE AND ACCESSIBLE, PARTIES KNOWN TO BE RESPONSI-
BLE FOR THE POLLUTION ARE PURSUED, AND REMEDIATION AND CLEANUP PROJECTS
OCCUR IN A TIMELY MANNER;
(G) THE DEVELOPMENT OF EDUCATIONAL MATERIALS REGARDING PRIVATE WELL
WATER TESTING AND WHETHER DISCLOSURE REGARDING SUCH TESTING SHOULD BE
INCLUDED WITHIN THE PROPERTY CONDITION DISCLOSURE STATEMENT UNDER ARTI-
CLE FOURTEEN OF THE REAL PROPERTY LAW;
(H) THE FEASIBILITY OF CONDUCTING BIOMONITORING AND BIOMONITORING
STUDIES IN AREAS WHERE CONTAMINATED WATER HAS BEEN FOUND;
(I) THE INCLUSION OF INFORMATION ON THE ONLINE TRACKING AND MAPPING
SYSTEM ESTABLISHED IN SUBDIVISION SEVEN OF SECTION 15-1303 OF THE ENVI-
RONMENTAL CONSERVATION LAW; AND
(J) ANYTHING ELSE THE DEPARTMENT OR THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION DESIGNATES.
7. THE DRINKING WATER QUALITY INSTITUTE SHALL BE ENTITLED TO REQUEST
AND RECEIVE ASSISTANCE OR ACCESS TO FACILITIES AND RESOURCES OF ANY
STATE, MUNICIPAL DEPARTMENT, BOARD, COMMISSION OR AGENCY THAT MAY BE
REQUIRED OR ARE DEEMED NECESSARY FOR THE PURPOSES OF SUCH INSTITUTE,
S. 2007--A 121
INCLUDING BUT NOT LIMITED TO ALL WATER INFORMATION AND ANNUAL REPORTS
THE DEPARTMENT HAS RELATING TO BOTH PUBLIC AND PRIVATE WATER SUPPLIES.
8. THE DRINKING WATER QUALITY INSTITUTE SHALL REPORT TO THE LEGISLA-
TURE WITHIN ONE YEAR OF THE INITIAL CONVENING OF SUCH INSTITUTE AND
ANNUALLY THEREAFTER ON ITS ACTIVITIES AND RECOMMENDATIONS.
9. UPON ANY RECOMMENDATION OF THE DRINKING WATER QUALITY INSTITUTE,
THE DEPARTMENT SHALL WITHIN NINETY DAYS, PROPOSE REGULATIONS IMPLEMENT-
ING THE INSTITUTE'S RECOMMENDATIONS. TO THE EXTENT THE DEPARTMENT'S
ADOPTED REGULATIONS DIFFER FROM THE INSTITUTE'S RECOMMENDATIONS, THE
DEPARTMENT MUST OFFER A WRITTEN, PUBLIC EXPLANATION AS TO WHY. UPON
ADOPTION, THE DEPARTMENT MUST DISCLOSE THE LIST REQUIRED BY PARAGRAPH
(A) OF SUBDIVISION SIX OF THIS SECTION TO THE PUBLIC.
§ 2. This act shall take effect immediately.
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
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; 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 alco-
holism and substance abuse services and the commissioner of the office
of mental health, be greater than the increased funds made available
pursuant to this section. The increase of such ambulatory behavioral
health fees to providers available under this section shall be for all
S. 2007--A 122
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 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 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. 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 commis-
sioner 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. 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:
S. 2007--A 123
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; 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 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. Nothing in this section shall prohibit managed care organiza-
tions 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.
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
S. 2007--A 124
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.
§ 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,
S. 2007--A 125
[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.
PART R
Section 1. Subdivision (c) of section 7.17 of the mental hygiene law,
as added by chapter 978 of the laws of 1977, is amended to read as
follows:
(c) The commissioner shall establish the areas which each facility
under his jurisdiction shall serve and the categories of patients which
each such facility shall receive, retain, or treat; PROVIDED, HOWEVER,
THAT THE WESTERN NEW YORK CHILDREN'S PSYCHIATRIC CENTER SHALL BE MAIN-
TAINED IN ERIE COUNTY AS A SEPARATE AND DISTINCT ENTITY BOTH ORGANIZA-
TIONALLY AND PHYSICALLY WITHIN THE OFFICE AND SHALL NOT BE COLLOCATED OR
MERGED WITH ANY OTHER FACILITY.
§ 2. This act shall take effect immediately.
PART S
Section 1. (a) The commissioner of the office for people with develop-
mental disabilities shall establish the care demonstration program, to
utilize the state workforce to provide community based care to individ-
uals with developmental disabilities.
(b) The services provided by these pilots shall include, but shall not
be limited to:
(i) community habilitation;
(ii) in-home respite;
(iii) pathways to employment;
(iv) supported employment (SEMP); and
(v) community prevocational services.
§ 2. The office for people with developmental disabilities shall moni-
tor the quality and effectiveness of the demonstration programs, and
shall report such results to the governor, the temporary president of
the senate, and the speaker of the assembly, no later than December 31,
2020.
§ 3. The commissioner of the office for people with disabilities shall
promulgate all rules and regulations necessary to implement the
provisions of this section.
§ 4. This act shall take effect immediately and shall expire and be
deemed repealed March 31, 2021; provided however, that all rules and
regulations necessary for the implementation of this act shall have been
promulgated prior to such effective date.
PART T
Section 1. Subdivision 8 of section 1399-n of the public health law,
as amended by chapter 13 of the laws of 2003, is amended and a new
subdivision 9 is added to read as follows:
S. 2007--A 126
8. "Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco, THE BURNING OF AN
HERBAL CIGARETTE, OR THE USE OF A VAPOR PRODUCT.
9. "VAPOR PRODUCT" MEANS ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARDLESS
OF THE PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
FINISHED PRODUCT FOR USE IN AN ELECTRONIC CIGARETTE, ELECTRONIC CIGAR,
ELECTRONIC CIGARILLO, ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN OR OTHER
SIMILAR DEVICE. "VAPOR PRODUCT" SHALL NOT INCLUDE ANY PRODUCT APPROVED
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
DEVICE, OR APPROVED FOR USE PURSUANT TO SECTION THREE THOUSAND THREE
HUNDRED SIXTY-TWO OF THIS CHAPTER.
§ 2. The article heading of article 13-F of the public health law, as
amended by chapter 448 of the laws of 2012, is amended to read as
follows:
REGULATION OF TOBACCO PRODUCTS, HERBAL CIGARETTES AND [SMOKING
PARAPHERNALIA] VAPOR PRODUCTS; DISTRIBUTION TO MINORS
§ 3. Subdivisions 5, 8, and 13 of section 1399-aa of the public health
law, subdivision 5 as amended by chapter 152 of the laws of 2004, subdi-
vision 8 as added by chapter 13 of the laws of 2003, and subdivision 13
as amended by chapter 542 of the laws of 2014, are amended to read as
follows:
5. "Tobacco products" means one or more cigarettes or cigars, bidis,
chewing tobacco, powdered tobacco, SHISHA, nicotine water or any other
PRODUCT CONTAINING OR DERIVED FROM tobacco [products].
8. "Tobacco business" means a sole proprietorship, corporation, limit-
ed liability company, partnership or other enterprise in which the
primary activity is the sale, manufacture or promotion of tobacco,
tobacco products, VAPOR PRODUCTS, and accessories, either at wholesale
or retail, and in which the sale, manufacture or promotion of other
products is merely incidental.
13. ["Electronic cigarette" or "e-cigarette" means an electronic
device that delivers vapor which is inhaled by an individual user, and
shall include any refill, cartridge and any other component of such a
device.] "VAPOR PRODUCT" MEANS ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARD-
LESS OF THE PRESENCE OF NICOTINE THEREIN, THAT IS MANUFACTURED INTO A
FINISHED PRODUCT FOR USE IN AN ELECTRONIC CIGARETTE, ELECTRONIC CIGAR,
ELECTRONIC CIGARILLO, ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN OR OTHER
SIMILAR DEVICE. "VAPOR PRODUCT" SHALL NOT INCLUDE ANY PRODUCT APPROVED
BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
DEVICE, OR APPROVED FOR USE PURSUANT TO SECTION THREE THOUSAND THREE
HUNDRED SIXTY-TWO OF THIS CHAPTER.
§ 4. Section 1399-bb of the public health law, as amended by chapter
508 of the laws of 2000, subdivision 2 as amended by chapter 13 of the
laws of 2003, is amended to read as follows:
§ 1399-bb. Distribution of tobacco products [or], herbal cigarettes,
OR VAPOR PRODUCTS without charge. 1. No person engaged in the business
of selling or otherwise distributing tobacco products [or], herbal ciga-
rettes, OR VAPOR PRODUCTS for commercial purposes, or any agent or
employee of such person, shall knowingly, in furtherance of such busi-
ness:
(a) distribute without charge any tobacco products [or], herbal ciga-
rettes, OR VAPOR PRODUCTS to any individual, provided that the distrib-
ution of a package containing tobacco products [or], herbal cigarettes,
OR VAPOR PRODUCTS in violation of this subdivision shall constitute a
single violation without regard to the number of items in the package;
or
S. 2007--A 127
(b) distribute coupons which are redeemable for tobacco products [or],
herbal cigarettes, OR VAPOR PRODUCTS to any individual, provided that
this subdivision shall not apply to coupons contained in newspapers,
magazines or other types of publications, coupons obtained through the
purchase of tobacco products [or], herbal cigarettes, OR VAPOR PRODUCTS
or obtained at locations which sell tobacco products [or], herbal ciga-
rettes, OR VAPOR PRODUCTS provided that such distribution is confined to
a designated area or to coupons sent through the mail.
2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
(a) private social functions when seating arrangements are under the
control of the sponsor of the function and not the owner, operator,
manager or person in charge of such indoor area;
(b) conventions and trade shows; provided that the distribution is
confined to designated areas generally accessible only to persons over
the age of eighteen;
(c) events sponsored by tobacco [or], herbal cigarette, OR VAPOR PROD-
UCT manufacturers provided that the distribution is confined to desig-
nated areas generally accessible only to persons over the age of eigh-
teen;
(d) bars as defined in subdivision one of section thirteen hundred
ninety-nine-n of this chapter;
(e) tobacco businesses as defined in subdivision eight of section
thirteen hundred ninety-nine-aa of this article;
(f) factories as defined in subdivision nine of section thirteen
hundred ninety-nine-aa of this article and construction sites; provided
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of eighteen.
3. No person shall distribute tobacco products [or], herbal
cigarettes, OR VAPOR PRODUCTS at the locations set forth in paragraphs
(b), (c) and (f) of subdivision two of this section unless such person
gives five days written notice to the enforcement officer.
4. The distribution of tobacco products [or], herbal cigarettes, OR
VAPOR PRODUCTS pursuant to subdivision two of this section shall be made
only to an individual who demonstrates, through (A) a driver's license
or [other photographic] NON-DRIVER'S identification card issued by [a
government entity or educational institution] THE COMMISSIONER OF MOTOR
VEHICLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITORY, COMMON-
WEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITH-
IN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANA-
DA, OR (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR
ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY THE ARMED
FORCES OF THE UNITED STATES, indicating that the individual is at least
eighteen years of age. Such identification need not be required of any
individual who reasonably appears to be at least twenty-five years of
age; provided, however, that such appearance shall not constitute a
defense in any proceeding alleging the sale of a tobacco product [or],
herbal cigarette, OR VAPOR PRODUCTS to an individual.
§ 5. The section heading and subdivision 1 of section 1399-cc of the
public health law, as amended by chapter 542 of the laws of 2014, is
amended to read as follows:
Sale of tobacco products, herbal cigarettes, [liquid nicotine, shisha,
rolling papers] VAPOR PRODUCTS or smoking paraphernalia to minors
prohibited.
1. As used in this section:
S. 2007--A 128
(a) "A device capable of deciphering any electronically readable
format" or "device" shall mean any commercial device or combination of
devices used at a point of sale or entry that is capable of reading the
information encoded on the bar code or magnetic strip of a driver's
license or non-driver identification card issued by the state commis-
sioner of motor vehicles;
(b) "Card holder" means any person presenting a driver's license or
non-driver identification card to a licensee, or to the agent or employ-
ee of such licensee under this chapter;
(c) "Smoking paraphernalia" means any pipe, water pipe, hookah, roll-
ing papers, vaporizer or any other device, equipment or apparatus
designed for the inhalation of tobacco;
(d) "Transaction scan" means the process involving an automated bar
code reader by which a licensee, or agent or employee of a licensee
under this chapter reviews a driver's license or non-driver identifica-
tion card presented as a precondition for the purchase of a tobacco
product or herbal cigarettes pursuant to subdivision three of this
section; and
(e) ["Liquid nicotine", "electronic liquid" or "e-liquid" means a
liquid composed of nicotine and other chemicals, and which is sold as a
product that may be used in an electronic cigarette] "VAPOR PRODUCT"
MEANS ANY NONCOMBUSTIBLE LIQUID OR GEL, REGARDLESS OF THE PRESENCE OF
NICOTINE THEREIN, THAT IS MANUFACTURED INTO A FINISHED PRODUCT FOR USE
IN AN ELECTRONIC CIGARETTE, ELECTRONIC CIGAR, ELECTRONIC CIGARILLO,
ELECTRONIC PIPE, VAPING PEN, HOOKAH PEN OR OTHER SIMILAR DEVICE. "VAPOR
PRODUCT" SHALL NOT INCLUDE ANY PRODUCT APPROVED BY THE UNITED STATES
FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL DEVICE, OR APPROVED
FOR USE PURSUANT TO SECTION THREE THOUSAND THREE HUNDRED SIXTY-TWO OF
THIS CHAPTER.
§ 6. Subdivisions 2, 3, 4, and 7 of section 1399-cc of the public
health law, as amended by chapter 542 of the laws of 2014 are amended to
read as follows:
2. Any person operating a place of business wherein tobacco products,
herbal cigarettes, [liquid nicotine, shisha] or [electronic cigarettes]
VAPOR PRODUCTS, are sold or offered for sale is prohibited from selling
such products, herbal cigarettes, [liquid nicotine, shisha, electronic
cigarettes] VAPOR PRODUCTS or smoking paraphernalia to individuals under
eighteen years of age, and shall post in a conspicuous place a sign upon
which there shall be imprinted the following statement, "SALE OF CIGA-
RETTES, CIGARS, [CHEWING TOBACCO, POWDERED TOBACCO,] SHISHA OR OTHER
TOBACCO PRODUCTS, HERBAL CIGARETTES, [LIQUID NICOTINE, ELECTRONIC CIGA-
RETTES] VAPOR PRODUCTS, [ROLLING PAPERS] OR SMOKING PARAPHERNALIA, TO
PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW." Such sign
shall be printed on a white card in red letters at least one-half inch
in height.
3. Sale of tobacco products, herbal cigarettes, [liquid nicotine,
shisha] or [electronic cigarettes] VAPOR PRODUCTS in such places, other
than by a vending machine, shall be made only to an individual who
demonstrates, through (a) a valid driver's license or non-driver's iden-
tification card issued by the commissioner of motor vehicles, the feder-
al government, any United States territory, commonwealth or possession,
the District of Columbia, a state government within the United States or
a provincial government of the dominion of Canada, or (b) a valid pass-
port issued by the United States government or any other country, or (c)
an identification card issued by the armed forces of the United States,
indicating that the individual is at least eighteen years of age. Such
S. 2007--A 129
identification need not be required of any individual who reasonably
appears to be at least twenty-five years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding alleg-
ing the sale of a tobacco product, herbal cigarettes, [liquid nicotine,
shisha] or [electronic cigarettes] VAPOR PRODUCTS to an individual under
eighteen years of age.
4. (a) Any person operating a place of business wherein tobacco
products, herbal cigarettes, [liquid nicotine, shisha] or [electronic
cigarettes] VAPOR PRODUCTS are sold or offered for sale may perform a
transaction scan as a precondition for such purchases.
(b) In any instance where the information deciphered by the trans-
action scan fails to match the information printed on the driver's
license or non-driver identification card, or if the transaction scan
indicates that the information is false or fraudulent, the attempted
transaction shall be denied.
(c) In any proceeding pursuant to section thirteen hundred ninety-
nine-ee of this article, it shall be an affirmative defense that such
person had produced a driver's license or non-driver identification card
apparently issued by a governmental entity, successfully completed that
transaction scan, and that the tobacco product, herbal cigarettes [or
liquid nicotine], OR VAPOR PRODUCTS had been sold, delivered or given to
such person in reasonable reliance upon such identification and trans-
action scan. In evaluating the applicability of such affirmative defense
the commissioner shall take into consideration any written policy
adopted and implemented by the seller to effectuate the provisions of
this chapter. Use of a transaction scan shall not excuse any person
operating a place of business wherein tobacco products, herbal ciga-
rettes, [liquid nicotine, shisha] or [electronic cigarettes] VAPOR
PRODUCTS are sold, or the agent or employee of such person, from the
exercise of reasonable diligence otherwise required by this chapter.
Notwithstanding the above provisions, any such affirmative defense shall
not be applicable in any civil or criminal proceeding, or in any other
forum.
7. No person operating a place of business wherein tobacco products,
herbal cigarettes, [liquid nicotine, shisha] or [electronic cigarettes]
VAPOR PRODUCTS are sold or offered for sale shall sell, permit to be
sold, offer for sale or display for sale any tobacco product, herbal
cigarettes, [liquid nicotine, shisha] or [electronic cigarettes] VAPOR
PRODUCTS in any manner, unless such products and cigarettes are stored
for sale (a) behind a counter in an area accessible only to the person-
nel of such business, or (b) in a locked container; provided, however,
such restriction shall not apply to tobacco businesses, as defined in
subdivision eight of section thirteen hundred ninety-nine-aa of this
article, and to places to which admission is restricted to persons eigh-
teen years of age or older.
§ 7. Section 1399-dd of the public health law, as amended by chapter
448 of the laws of 2012, is amended to read as follows:
§ 1399-dd. Sale of tobacco products, herbal cigarettes or [electronic
cigarettes] VAPOR PRODUCTS in vending machines. No person, firm, part-
nership, company or corporation shall operate a vending machine which
dispenses tobacco products, herbal cigarettes or [electronic cigarettes]
VAPOR PRODUCTS unless such machine is located: (a) in a bar as defined
in subdivision one of section thirteen hundred ninety-nine-n of this
chapter, or the bar area of a food service establishment with a valid,
on-premises full liquor license; (b) in a private club; (c) in a tobacco
business as defined in subdivision eight of section thirteen hundred
S. 2007--A 130
ninety-nine-aa of this article; or (d) in a place of employment which
has an insignificant portion of its regular workforce comprised of
people under the age of eighteen years and only in such locations that
are not accessible to the general public; provided, however, that in
such locations the vending machine is located in plain view and under
the direct supervision and control of the person in charge of the
location or his or her designated agent or employee.
§ 8. Subdivision 2 of section 1399-ee of the public health law, as
amended by chapter 162 of the laws of 2002, is amended to read as
follows:
2. If the enforcement officer determines after a hearing that a
violation of this article has occurred, he or she shall impose a civil
penalty of a minimum of three hundred dollars, but not to exceed one
thousand dollars for a first violation, and a minimum of five hundred
dollars, but not to exceed one thousand five hundred dollars for each
subsequent violation, unless a different penalty is otherwise provided
in this article. The enforcement officer shall advise the retail dealer
that upon the accumulation of three or more points pursuant to this
section the department of taxation and finance shall suspend the deal-
er's registration. If the enforcement officer determines after a hearing
that a retail dealer was selling tobacco products OR VAPOR PRODUCTS
while their registration was suspended or permanently revoked pursuant
to subdivision three or four of this section, he or she shall impose a
civil penalty of twenty-five hundred dollars.
Section 8-a. Paragraph (a) of subdivision 3 of section 1399-ee of the
public health law, as amended by chapter 162 of the laws of 2002, is
amended to read as follows:
(a) Imposition of points. If the enforcement officer determines, after
a hearing, that the retail dealer violated subdivision [one] TWO of
section thirteen hundred ninety-nine-cc of this article with respect to
a prohibited sale to a minor, he or she shall, in addition to imposing
any other penalty required or permitted pursuant to this section, assign
two points to the retail dealer's record where the individual who
committed the violation did not hold a certificate of completion from a
state certified tobacco sales training program and one point where the
retail dealer demonstrates that the person who committed the violation
held a certificate of completion from a state certified tobacco sales
training program.
§ 9. Subdivision 1 of section 1399-ff of the public health law, as
amended by chapter 448 of the laws of 2012, is amended to read as
follows:
1. Where a civil penalty for a particular incident has not been
imposed or an enforcement action regarding an alleged violation for a
particular incident is not pending under section thirteen hundred nine-
ty-nine-ee of this article, a parent or guardian of a minor to whom
tobacco products, herbal cigarettes or [electronic cigarettes] VAPOR
PRODUCTS are sold or distributed in violation of this article may submit
a complaint to an enforcement officer setting forth the name and address
of the alleged violator, the date of the alleged violation, the name and
address of the complainant and the minor, and a brief statement describ-
ing the alleged violation. The enforcement officer shall notify the
alleged violator by certified or registered mail, return receipt
requested, that a complaint has been submitted, and shall set a date, at
least fifteen days after the mailing of such notice, for a hearing on
the complaint. Such notice shall contain the information submitted by
the complainant.
S. 2007--A 131
§ 10. Section 1399-hh of the public health law, as added by chapter
433 of the laws of 1997, is amended to read as follows:
§ 1399-hh. Tobacco AND VAPOR PRODUCTS enforcement. The commissioner
shall develop, plan and implement a comprehensive program to reduce the
prevalence of tobacco AND VAPOR PRODUCTS use, particularly among persons
less than eighteen years of age. This program shall include, but not be
limited to, support for enforcement of article thirteen-F of this chap-
ter.
1. An enforcement officer, as defined in section thirteen hundred
ninety-nine-t of this chapter, may annually, on such dates as shall be
fixed by the commissioner, submit an application for such monies as are
made available for such purpose. Such application shall be in such form
as prescribed by the commissioner and shall include, but not be limited
to, plans regarding random spot checks, including the number and types
of compliance checks that will be conducted, and other activities to
determine compliance with this article. Each such plan shall include an
agreement to report to the commissioner: the names and addresses of
tobacco retailers and vendors determined to be unlicensed, if any; the
number of complaints filed against licensed tobacco retail outlets; and
the names of tobacco retailers and vendors who have paid fines, or have
been otherwise penalized, due to enforcement actions.
2. The commissioner shall distribute such monies as are made available
for such purpose to enforcement officers and, in so doing, consider the
number of retail locations registered to sell tobacco products within
the jurisdiction of the enforcement officer and the level of proposed
activities.
3. Monies made available to enforcement officers pursuant to this
section shall only be used for local tobacco, HERBAL CIGARETTE AND VAPOR
PRODUCTS enforcement activities approved by the commissioner.
§ 11. The public health law is amended by adding a new section
1399-mm-1 to read as follows:
§ 1399-MM-1. VAPOR PRODUCTS; CHILD-RESISTANT CONTAINERS REQUIRED. NO
PERSON ENGAGED IN THE BUSINESS OF MANUFACTURING, SELLING OR OTHERWISE
DISTRIBUTING VAPOR PRODUCTS, MAY SELL ANY COMPONENT OF SUCH SYSTEMS THAT
CONTAINS NICOTINE, INCLUDING ANY REFILL, CARTRIDGE, OR OTHER COMPONENT,
UNLESS SUCH COMPONENT CONSTITUTES "SPECIAL PACKAGING" FOR THE PROTECTION
OF CHILDREN, AS DEFINED IN 15 U.S.C. 1471 OR ANY SUPERSEDING STATUTE.
§ 11-a. Section 399-gg of the general business law, as added by chap-
ter 542 of the laws of 2014, is amended to read as follows:
§ 399-gg. Packaging of [electronic liquid] VAPOR PRODUCTS. 1. [No
person, firm or corporation shall sell or offer for sale any electronic
liquid, as defined in paragraph (e) of subdivision one of section thir-
teen hundred ninety-nine-cc of the public health law, unless the elec-
tronic liquid is sold or offered for sale in a child resistant bottle
which is designed to prevent accidental exposure of children to elec-
tronic liquids] NO PERSON ENGAGED IN THE BUSINESS OF MANUFACTURING,
SELLING OR OTHERWISE DISTRIBUTING VAPOR PRODUCTS AS DEFINED IN SUBDIVI-
SION NINE OF SECTION THIRTEEN HUNDRED NINETY-NINE-N OF THE PUBLIC HEALTH
LAW, MAY SELL ANY COMPONENT OF SUCH SYSTEMS THAT CONTAINS NICOTINE,
INCLUDING ANY REFILL, CARTRIDGE, OR OTHER COMPONENT, UNLESS SUCH COMPO-
NENT CONSTITUTES "SPECIAL PACKAGING" FOR THE PROTECTION OF CHILDREN, AS
DEFINED IN 15 U.S.C. 1471 OR ANY SUPERSEDING STATUTE.
2. Any violation of this section shall be punishable by a civil penal-
ty not to exceed one thousand dollars.
S. 2007--A 132
§ 11-b. Section 17-706 of the administrative code of the city of New
York, as amended by chapter 542 of the laws of 2014, is amended to read
as follows:
§ 17-706 Sale of cigarettes, tobacco products, [liquid nicotine, or
electronic cigarettes] OR VAPOR PRODUCTS to minors and young adults
prohibited.
a. Any person operating a place of business wherein cigarettes, tobac-
co products, [liquid nicotine, or electronic cigarettes] OR VAPOR
PRODUCTS are sold or offered for sale is prohibited from selling such
cigarettes, tobacco products, [liquid nicotine, or electronic ciga-
rettes] OR VAPOR PRODUCTS to individuals under twenty-one years of age.
Sale of cigarettes, tobacco products, [liquid nicotine, or electronic
cigarettes] OR VAPOR PRODUCTS in such places shall be made only to an
individual who demonstrates, through a driver's license or other photo-
graphic identification card issued by a government entity or educational
institution, that the individual is at least twenty-one years of age.
Such identification need not be required of any individual who reason-
ably appears to be at least thirty years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding alleg-
ing the sale of cigarettes, tobacco products, [liquid nicotine or elec-
tronic cigarettes] OR VAPOR PRODUCTS to an individual under twenty-one
years of age.
b. Any person operating a place of business wherein non-tobacco
shisha, pipes, or rolling papers are sold or offered for sale is prohib-
ited from selling such non-tobacco shisha, pipes, or rolling papers to
individuals under eighteen years of age. Sale of non-tobacco shisha,
pipes, or rolling papers in such places shall be made only to an indi-
vidual who demonstrates, through a driver's license or other photograph-
ic identification card issued by a government entity or educational
institution, that the individual is at least eighteen years of age. Such
identification need not be required of any individual who reasonably
appears to be at least twenty-five years of age, provided, however, that
such appearance shall not constitute a defense in any proceeding alleg-
ing the sale of non-tobacco shisha, pipes, or rolling papers to an indi-
vidual under eighteen years of age.
c. Any person operating a place of business wherein cigarettes, tobac-
co products, [liquid nicotine, electronic cigarettes] VAPOR PRODUCTS,
herbal cigarettes, non-tobacco shisha, pipes, or rolling papers are sold
or offered for sale shall post in a conspicuous place a sign, in accord-
ance with the rules of the department, advising persons about the mini-
mum age requirements for the purchase of such items.
§ 12. Subdivision 2 of section 409 of the education law, as amended by
chapter 449 of the laws of 2012, is amended to read as follows:
2. Notwithstanding the provisions of any other law, rule or regu-
lation, tobacco, HERBAL CIGARETTE, AND VAPOR PRODUCTS use shall not be
permitted and no person shall use [tobacco] SUCH PRODUCTS on school
grounds. "School grounds" means any building, structure and surrounding
outdoor grounds, including entrances or exits, contained within a public
or private pre-school, nursery school, elementary or secondary school's
legally defined property boundaries as registered in a county clerk's
office.
§ 13. Section 3624 of the education law, as amended by chapter 529 of
the laws of 2002, is amended to read as follows:
§ 3624. Drivers, monitors and attendants. The commissioner shall
determine and define the qualifications of drivers, monitors and attend-
ants and shall make the rules and regulations governing the operation of
S. 2007--A 133
all transportation facilities used by pupils which rules and regulations
shall include, but not be limited to, a maximum speed of fifty-five
miles per hour for school vehicles engaged in pupil transportation that
are operated on roads, interstates or other highways, parkways or bridg-
es or portions thereof that have posted speed limits in excess of
fifty-five miles per hour, prohibitions relating to smoking AND USE OF
VAPOR PRODUCTS, eating and drinking and any and all other acts or
conduct which would otherwise impair the safe operation of such trans-
portation facilities while actually being used for the transport of
pupils. The employment of each driver, monitor and attendant shall be
approved by the chief school administrator of a school district for each
school bus operated within his or her district. For the purpose of
determining his or her physical fitness, each driver, monitor and
attendant may be examined on order of the chief school administrator by
a duly licensed physician within two weeks prior to the beginning of
service in each school year as a school bus driver, monitor or attend-
ant. The report of the physician, in writing, shall be considered by the
chief school administrator in determining the fitness of the driver to
operate or continue to operate any transportation facilities used by
pupils and in determining the fitness of any monitor or attendant to
carry out his or her functions on such transportation facilities. Noth-
ing in this section shall prohibit a school district from imposing a
more restrictive speed limit policy for the operation of school vehicles
engaged in pupil transportation than the speed limit policy established
by the commissioner.
§ 14. This act shall take effect on the one hundred eightieth day
after it shall have become a law.
PART U
Section 1. Article 9-B of the social services law is amended by adding
a new title 4 to read as follows:
TITLE 4
ELDER ABUSE
SECTION 473-M. ELDER ABUSE REPORTING.
§ 473-M. ELDER ABUSE REPORTING. 1. WITHIN AMOUNTS APPROPRIATED THERE-
FOR, THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR THE DEVELOPMENT OF A
MULTIDISCIPLINARY INVESTIGATIVE TEAM OR TEAMS FOR THE PURPOSE OF INVES-
TIGATING REPORTS OF SUSPECTED ELDER ABUSE OR MALTREATMENT.
(A) THE PROGRAM SHALL PROVIDE THAT THE SOCIAL SERVICES DISTRICT SHALL
HAVE DISCRETION WITH REGARD TO THE CATEGORY OR CATEGORIES OF SUSPECTED
ELDER ABUSE OR MALTREATMENT SUCH TEAM OR TEAMS MAY INVESTIGATE,
PROVIDED, HOWEVER, THAT THE SOCIAL SERVICES DISTRICT SHALL PLACE PARTIC-
ULAR EMPHASIS ON CASES INVOLVING PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL
ABUSE, ACTIVE, PASSIVE OR SELF NEGLECT, AND FINANCIAL EXPLOITATION AS
DEFINED IN SUBDIVISION SIX OF SECTION FOUR HUNDRED SEVENTY-THREE OF THIS
ARTICLE.
(B) MEMBERS OF MULTIDISCIPLINARY TEAMS SHALL INCLUDE BUT NOT BE LIMIT-
ED TO REPRESENTATIVES FROM THE FOLLOWING AGENCIES: ADULT PROTECTIVE
SERVICES, LAW ENFORCEMENT, THE DISTRICT ATTORNEY'S OFFICE, BANKS AND
FINANCIAL INSTITUTIONS, AS WELL AS FORENSIC ACCOUNTANTS, PHYSICIAN OR
MEDICAL PROVIDERS TRAINED IN ELDER ABUSE AND MALTREATMENT, MENTAL HEALTH
PROFESSIONALS, AND VICTIM ADVOCACY PERSONNEL. MEMBERS OF THE MULTIDISCI-
PLINARY TEAM PRIMARILY RESPONSIBLE FOR THE INVESTIGATION OF ELDER ABUSE
AND MALTREATMENT REPORTS, INCLUDING THOSE REPRESENTATIVES FROM ADULT
PROTECTIVE SERVICES, LAW ENFORCEMENT, AND THE DISTRICT ATTORNEY'S
S. 2007--A 134
OFFICE, SHALL PARTICIPATE IN JOINT INTERVIEWS AND CONDUCT INVESTIGATIVE
FUNCTIONS CONSISTENT WITH THE MISSION OF THE PARTICULAR AGENCY MEMBER
INVOLVED. IT SHALL NOT BE REQUIRED THAT MEMBERS OF A MULTIDISCIPLINARY
TEAM NOT RESPONSIBLE FOR THE INVESTIGATION OF REPORTS PARTICIPATE IN
EVERY INVESTIGATION. SUCH OTHER MEMBERS SHALL PROVIDE VICTIM ADVOCACY,
EMOTIONAL SUPPORT, AND ACCESS TO MEDICAL AND MENTAL HEALTH CARE, WHERE
APPLICABLE.
(C) ALL MEMBERS, CONSISTENT WITH THEIR RESPECTIVE AGENCY MISSIONS AND
PROFESSIONS, SHALL FACILITATE EFFICIENT DELIVERY OF SERVICES TO VICTIMS
AND APPROPRIATE DISPOSITION OF CASES THROUGH THE CRIMINAL JUSTICE SYSTEM
IN A COLLABORATIVE MANNER. HOWEVER, NON-INVESTIGATIVE TEAM MEMBERS
SHALL NOTE THEIR SPECIFIC ROLE IN THE TEAM FOR REPORTS COVERED BY THIS
SECTION.
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
MEMBERS OF A MULTIDISCIPLINARY INVESTIGATIVE TEAM MAY SHARE WITH OTHER
TEAM MEMBERS CLIENT-IDENTIFIABLE INFORMATION CONCERNING THE VICTIM OR
THE VICTIM'S FAMILY TO FACILITATE THE INVESTIGATION OF SUSPECTED ELDER
ABUSE OR MALTREATMENT. NOTHING IN THIS SUBDIVISION SHALL PRECLUDE THE
CREATION OF MULTIDISCIPLINARY TEAMS WHICH INCLUDE MORE THAN ONE SOCIAL
SERVICES DISTRICT. EACH TEAM SHALL DEVELOP A WRITTEN PROTOCOL FOR INVES-
TIGATION OF ELDER ABUSE AND MALTREATMENT CASES AND FOR INTERVIEWING
ELDER ABUSE AND MALTREATMENT VICTIMS.
2. APPROVED PROJECTS SHALL SUBMIT A REPORT TO THE DIRECTOR OF THE
STATE OFFICE FOR THE AGING, WHO SHALL MAKE SUCH REPORTS AVAILABLE TO THE
MAJORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
CHAIRS OF THE AGING COMMITTEES OF THE SENATE AND ASSEMBLY, BY NOVEMBER
FIRST, TWO THOUSAND SEVENTEEN, DOCUMENTING INITIAL FINDINGS OF THE
MULTIDISCIPLINARY TEAM INVESTIGATIONS, INCLUDING, BUT NOT LIMITED TO:
(A) FINAL DISPOSITIONS OF CRIMINAL CASES THAT WERE INVESTIGATED AND
ASSISTED BY THE MULTIDISCIPLINARY TEAM, WITH APPROPRIATE CONFIDENTIALITY
MEASURES TAKEN TO PROTECT THE IDENTITIES OF VICTIMS AND THE ACCUSED;
(B) PHYSICAL AND MENTAL HEALTH OUTCOMES OF VICTIMS WHO WERE THE
SUBJECTS OF ELDER ABUSE AND MALTREATMENT CASES;
(C) FINANCIAL JUDGMENTS AND REPAYMENTS MADE AS A RESULT OF THE INVES-
TIGATION AND INTERVENTION OF THE MULTIDISCIPLINARY TEAM;
(D) NECESSARY MEASURES TAKEN TO ENSURE CROSS-COLLABORATION ACROSS
AGENCIES AND PROVIDERS; AND
(E) NECESSARY TRAINING THAT EACH SOCIAL SERVICES DISTRICT TOOK TO
TRAIN MEMBERS INCLUDING APPROPRIATE WAYS TO ASSESS RISK, IDENTIFY INDI-
CATORS OF ELDER ABUSE AND MALTREATMENT, AND CONDUCT APPROPRIATE INTER-
VIEWS.
§ 2. Subdivisions 2 and 6 of section 223 of the elder law, as added by
section 3 of part J of chapter 57 of the laws of 2006, are amended to
read as follows:
2. The director shall establish the economically sustainable transpor-
tation demonstration program for the purpose of enabling seniors to
remain independent and mobile in their community. The program would
provide an on demand transit service for seniors [that would use] ESTAB-
LISHING, AT A MINIMUM, OPERATIONAL HOURS DURING NORMAL BUSINESS HOURS
USING automobiles driven by volunteer and paid drivers to transport
seniors to where they need and want to go. [After a period of five
years, the program would no longer be eligible for state funding and
would be completely self-sustaining, relying on consumer fares and
voluntary community support to remain operational.]
6. [Within amounts appropriated, the] THE DIRECTOR SHALL ESTABLISH A
PILOT PROGRAM WITHIN AMOUNTS APPROPRIATED THEREFOR, IN UP TO FIVE COUN-
S. 2007--A 135
TIES, EACH WITH NOT MORE THAN THREE HUNDRED THOUSAND PERSONS AS OF THE
TWO THOUSAND TEN UNITED STATES CENSUS, OR A COLLABORATIVE PROJECT OF TWO
CONTIGUOUS COUNTIES THAT EACH DO NOT HAVE MORE THAN THREE HUNDRED THOU-
SAND PERSONS AS OF THE TWO THOUSAND TEN UNITED STATES CENSUS. THE direc-
tor shall make grants available to qualified economically sustainable
transportation providers of no less than fifty-five thousand dollars per
grantee [in the first year of the operation of the program]. EACH
PROVIDER SHALL BE REQUIRED TO SUBMIT A REPORT TO THE DIRECTOR BY FEBRU-
ARY FIRST, TWO THOUSAND EIGHTEEN, WHICH SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, DOCUMENTATION OF PARTICIPATION RATES, ANY IMPEDIMENTS TO IMPLE-
MENTATION ENCOUNTERED, STEPS TAKEN TO ENSURE SUSTAINABILITY OF THE
PROGRAM AND PROPOSALS FOR EXPANSION TO OTHER SERVICE AREAS. Such provid-
ers shall be eligible to receive funding under this section annually for
up to five years. After such time, providers must be able to provide
economically sustainable transportation services without receiving
further public financial assistance for operating or capital expenses.
§ 3. Article 2 of the elder law is amended by adding a new title 2 to
read as follows:
TITLE 2
STATEWIDE CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT REPORTS
SECTION 224. DEFINITIONS.
225. STATEWIDE CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT
REPORTS.
226. REPORTERS.
§ 224. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE:
1. "ABUSED OR MALTREATED ELDER" MEANS ANY RESIDENT OF NEW YORK STATE
WHO IS SIXTY YEARS OF AGE OR OLDER AND WHO IS ALLEGED TO BE THE VICTIM
OF PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL ABUSE, PASSIVE OR SELF-NE-
GLECT, OR FINANCIAL EXPLOITATION, AS DEFINED IN SUBDIVISION SIX OF
SECTION FOUR HUNDRED SEVENTY-THREE OF THE SOCIAL SERVICES LAW.
2. "CAREGIVER" MEANS ANY PERSON WHO HAS ASSUMED FULL OR INTERMITTENT
RESPONSIBILITY FOR THE CARE OR CUSTODY OF AN ELDERLY ADULT, WHETHER OR
NOT HE OR SHE RECEIVES COMPENSATION.
§ 225. STATEWIDE CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT
REPORTS. 1. SUBJECT TO APPROPRIATION, THERE SHALL BE ESTABLISHED IN THE
NEW YORK STATE OFFICE FOR THE AGING A STATEWIDE CENTRAL REGISTER OF
ELDER ABUSE AND MALTREATMENT REPORTS MADE PURSUANT TO THIS TITLE.
2. THE CENTRAL REGISTER CREATED BY THIS SECTION SHALL:
(A) BE CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING ELDER ABUSE OR
MALTREATMENT AND OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ELDER ABUSE
OR MALTREATMENT AND CAPABLE OF MONITORING THE PROVISION OF ADULT PROTEC-
TIVE SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK. TO EFFECTUATE
THIS PURPOSE, THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER, IN
ADDITION TO OTHER SPECIAL EXPRESS REPORTING PROCEDURES, THAT ALL
PERSONS, MAY USE TO MAKE TELEPHONE CALLS ALLEGING ELDER ABUSE OR
MALTREATMENT AND THAT ALL PERSONS SO AUTHORIZED MAY USE FOR DETERMINING
THE EXISTENCE OF PRIOR REPORTS IN ORDER TO EVALUATE THE CONDITION OF THE
ELDER;
(B) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY BY THE OFFICE FOR
THE AGING TO THE APPROPRIATE ADULT PROTECTIVE SERVICE FOR INVESTIGATION,
ANY ALLEGATIONS CONTAINED IN SUCH TELEPHONE CALLS WHEN THEY COULD
REASONABLY CONSTITUTE A REPORT OF ELDER ABUSE OR MALTREATMENT, INCLUDING
SUCH ALLEGATIONS AND ANY PREVIOUS REPORTS TO THE CENTRAL REGISTRY
INVOLVING THE SUBJECT OF SUCH REPORT OR ELDER NAMED IN SUCH REPORT, AND
ANY PREVIOUS REPORTS CONTAINING ALLEGATIONS OF ELDER ABUSE AND MALTREAT-
S. 2007--A 136
MENT ALLEGED TO HAVE OCCURRED IN OTHER COUNTIES AND DISTRICTS IN NEW
YORK STATE;
(C) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY TO THE APPROPRIATE
LOCAL ADULT PROTECTIVE SERVICE FOR INVESTIGATION, ANY TELEPHONE CALL
MADE BY A PERSON REQUIRED TO REPORT CASES OF SUSPECTED ELDER ABUSE OR
MALTREATMENT PURSUANT TO THIS TITLE CONTAINING ALLEGATIONS, WHICH IF
TRUE WOULD CONSTITUTE ELDER ABUSE OR MALTREATMENT;
(D) CONVEY BY THE MOST EXPEDIENT MEANS AVAILABLE TO THE APPROPRIATE
LAW ENFORCEMENT AGENCY, DISTRICT ATTORNEY, OR OTHER PUBLIC OFFICIAL
EMPOWERED TO PROVIDE NECESSARY AID OR ASSISTANCE, ANY INFORMATION
CONTAINED IN A TELEPHONE CALL TO THE REGISTER WHERE THE CIRCUMSTANCES
DESPITE NOT CONSTITUTING ABUSE OR MALTREATMENT AS DEFINED IN THIS TITLE,
MAY CONSTITUTE A CRIME OR AN IMMEDIATE THREAT TO THE ELDER'S HEALTH OR
SAFETY;
(E) MAINTAIN RECORDS INCLUDING, BUT NOT LIMITED TO: ALL THE INFORMA-
TION IN THE WRITTEN REPORT; A RECORD OF THE FINAL DISPOSITION OF THE
REPORT; INFORMATION RECEIVED FROM THE LOCAL SOCIAL SERVICES AGENCY,
INCLUDING SERVICES OFFERED AND SERVICES ACCEPTED, THE NAMES AND IDENTI-
FYING DATA, DATES AND CIRCUMSTANCES OF ANY PERSON REQUESTING OR RECEIV-
ING INFORMATION FROM THE REGISTER; AND ANY OTHER INFORMATION WHICH THE
DIRECTOR OF THE OFFICE FOR THE AGING BELIEVES MIGHT BE HELPFUL IN THE
FURTHERANCE OF THE PURPOSES OF THIS TITLE; AND
(F) MAINTAIN THE CONFIDENTIALITY OF REPORTS WRITTEN, INFORMATION
OBTAINED, OR PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS IN THE POSSESSION
OF THE OFFICE FOR THE AGING OR LOCAL DEPARTMENTS, EXCEPT FOR LAW
ENFORCEMENT AGENCIES AND OTHERS DEEMED BY THE DIRECTOR OF THE OFFICE FOR
THE AGING TO HAVE A RELEVANT INTEREST IN THE MATERIALS GIVEN THEIR LEGAL
OR OFFICIAL STATUS.
§ 226. REPORTERS. 1. THE FOLLOWING PERSONS AND OFFICIALS, GIVEN THEIR
OFFICIAL AND PROFESSIONAL RELATIONSHIP WITH THE AGING POPULATION, ARE
STRONGLY URGED TO REPORT OR CAUSE A REPORT TO BE MADE TO THE CENTRAL
REGISTRY UNDER SECTION TWO HUNDRED TWENTY-FIVE OF THIS TITLE WHEN THEY
HAVE REASONABLE CAUSE TO SUSPECT THAT AN ELDERLY PERSON COMING BEFORE
THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS AN ABUSED OR
MALTREATED ELDER; OR WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT THE
INDIVIDUAL IS AN ABUSED OR MALTREATED ELDER WHEN THE SPOUSE, CAREGIVER,
OR GUARDIAN OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE ELDER COMES
BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AND STATES FROM
PERSONAL KNOWLEDGE FACTS, CONDITIONS OR CIRCUMSTANCES WHICH, IF CORRECT,
WOULD RENDER THE ELDER AN ABUSED OR MALTREATED ELDER: ANY PHYSICIAN;
REGISTERED PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; PHARMACIST;
CORONER; OSTEOPATH; OPTOMETRIST; CHIROPRACTOR; PODIATRIST; PSYCHOLOGIST;
REGISTERED NURSE; SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; MENTAL
HEALTH PROFESSIONAL; LICENSED MARRIAGE AND FAMILY THERAPIST; LICENSED
MENTAL HEALTH COUNSELOR; LICENSED PSYCHOANALYST; LICENSED BEHAVIOR
ANALYST; HOSPITAL PERSONNEL ENGAGED IN ADMISSION, EXAMINATION, CARE OR
TREATMENT OF PERSONS; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM COUNSELOR;
ALL PERSONS CREDENTIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE
SERVICES; LICENSED MASTER SOCIAL WORKER; LICENSED CLINICAL SOCIAL WORK-
ER; ANY ADMINISTRATOR OR EMPLOYEE IN A NURSING HOME OR RESIDENTIAL
HEALTHCARE FACILITY THAT IS LICENSED, CERTIFIED OR OPERATED BY THE
DEPARTMENT OF HEALTH; ANY EMPLOYEE OF A PERSONAL CARE OR HOME HEALTH
AIDE PROGRAM; ANY PERSON OR EMPLOYEE OF ANY CORPORATION, PARTNERSHIP,
ORGANIZATION OR OTHER ENTITY WHICH IS UNDER CONTRACT TO PROVIDE PATIENT
CARE SERVICES IN A RESIDENTIAL HEALTH CARE FACILITY; AN EMPLOYEE OF A
COUNTY ADULT PROTECTIVE SERVICES AGENCY; POLICE OFFICER; DISTRICT ATTOR-
S. 2007--A 137
NEY OR ASSISTANT DISTRICT ATTORNEY; PEACE OFFICER; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;
AN ATTORNEY SO LONG AS IT DOES NOT VIOLATE THE NEW YORK STATE RULES OF
PROFESSIONAL CONDUCT.
2. ANY PERSON WHO IS URGED TO INVESTIGATE REPORTS OF ABUSE OR
MALTREATMENT AS A FUNCTION OF THEIR PROFESSIONAL OR OFFICIAL RELATION-
SHIP WITH THE AGING POPULATION AND WHO HAS REASONABLE CAUSE TO SUSPECT
THAT A VICTIM DIED AS A RESULT OF MALTREATMENT OR ABUSE SHOULD IMME-
DIATELY REPORT THE SUSPICION TO THE CENTRAL REGISTRY WHICH SHALL CONVEY
THE REPORT THROUGH THE MOST EXPEDIENT MEANS AVAILABLE TO THE APPROPRIATE
MEDICAL EXAMINER AND LAW ENFORCEMENT AUTHORITIES, NOTWITHSTANDING THE
EXISTENCE OF A DEATH CERTIFICATE SIGNED BY A PRACTICING PHYSICIAN. THE
MEDICAL EXAMINER SHALL ACCEPT THE REPORT FOR INVESTIGATION AND SHALL
REPORT THE FINDINGS OF THE INVESTIGATION, IN WRITING, TO THE APPROPRIATE
LAW ENFORCEMENT AUTHORITIES.
3. REPORTS OF SUSPECTED ELDER ABUSE SHOULD BE MADE IMMEDIATELY BY
TELEPHONE OR BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY THE OFFICE FOR
THE AGING TO THE CENTRAL REGISTRY. SUCH TELEPHONE REPORTS SHALL BE
FOLLOWED BY A REPORT IN WRITING WITHIN TWENTY-FOUR HOURS AFTER SUCH ORAL
REPORT. ALL CASES OF ALLEGED ABUSE IN A RESIDENTIAL HEALTH CARE FACILI-
TY AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH
LAW SHALL BE FORWARDED TO THE DEPARTMENT OF HEALTH FOR INVESTIGATION.
4. THE DIRECTOR OF THE OFFICE OF THE AGING, IN CONJUNCTION WITH THE
COMMISSIONER OF HEALTH AND THE COMMISSIONER OF CHILDREN AND FAMILY
SERVICES SHALL DEVELOP ONLINE TOOLS FOR TRAINING REPORTERS TO IDENTIFY
AND REPORT SUSPECTED ELDER ABUSE. THE ONLINE TOOLS SHALL BE MADE AVAIL-
ABLE ON THE WEBSITE OF THE OFFICE FOR THE AGING.
§ 4. This act shall take effect immediately; provided, however that
section three of this act shall take effect January 1, 2018.
PART V
Section 1. Subdivision 2 of section 365-a of the social services law
is amended by adding a new paragraph (dd) to read as follows:
(DD) THE COST OF DONOR BREAST MILK (PDHM), FOR INPATIENT USE, FOR
WHICH A LICENSED MEDICAL PRACTITIONER HAS ISSUED AN ORDER FOR AN INFANT
WHO IS MEDICALLY OR PHYSICALLY UNABLE TO RECEIVE MATERNAL BREAST MILK OR
PARTICIPATE IN BREAST FEEDING OR WHOSE MOTHER IS MEDICALLY OR PHYSICALLY
UNABLE TO PRODUCE MATERNAL BREAST MILK OR PARTICIPATE IN BREAST FEEDING
DESPITE OPTIMAL LACTATION SUPPORT. SUCH INFANT MUST: (I) HAVE A DOCU-
MENTED BIRTH WEIGHT OF ONE THOUSAND FIVE HUNDRED GRAMS OR LESS; OR (II)
HAVE A CONGENITAL OR ACQUIRED INTESTINAL CONDITION, AND IS THEREFORE AT
A HIGH RISK FOR DEVELOPMENT OF NECROTIZING ENTEROCOLITIS AND/OR
INFECTION. COVERAGE FOR DONOR BREAST MILK (PDHM) SHALL CONTINUE UNTIL
THE INFANT IS AT AN AGE OF MEDICAL ADJUSTMENT OF THIRTY-FOUR WEEKS
CORRECTED GESTATIONAL AGE AND SUCH COVERAGE SHALL BE NOT LESS THAN THE
REASONABLE COST OF SUCH MILK PROCURED FROM A CERTIFIED NONPROFIT MILK
BANK, PLUS REASONABLE PROCESSING AND HANDLING FEES.
§ 2. Subdivision 2-a of section 2807 of the public health law is
amended by adding a new paragraph (j) to read as follows:
(J) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION OR ANY
OTHER PROVISION OF LAW TO THE CONTRARY AND, SUBJECT TO AN APPROPRIATION
THEREFOR, ON AND AFTER APRIL FIRST, TWO THOUSAND EIGHTEEN, RATES OF
PAYMENT FOR DIAGNOSTIC AND TREATMENT CENTER SERVICES, EMERGENCY
SERVICES, GENERAL HOSPITAL INPATIENT AND OUTPATIENT SERVICES, AMBULATORY
SURGICAL SERVICES AND REFERRED AMBULATORY SERVICES, PROVIDED BY A RURAL
S. 2007--A 138
HOSPITAL DESIGNATED AS A CRITICAL ACCESS HOSPITAL IN ACCORDANCE WITH
TITLE XVIII OF THE FEDERAL SOCIAL SECURITY ACT SHALL BE EQUAL TO ONE
HUNDRED ONE PERCENT OF THE REASONABLE COSTS OF A FACILITY IN PROVIDING
SUCH SERVICES TO PATIENTS ELIGIBLE FOR PAYMENTS MADE IN ACCORDANCE WITH
THIS SUBDIVISION. REASONABLE COSTS SHALL BE DETERMINED IN A MANNER
CONSISTENT WITH THAT USED TO DETERMINE PAYMENT FOR OUTPATIENT CRITICAL
ACCESS HOSPITAL SERVICES PROVIDED TO BENEFICIARIES OF TITLE XVIII OF THE
FEDERAL SOCIAL SECURITY ACT. FOR FACILITIES WITHOUT ADEQUATE COST EXPE-
RIENCE, SUCH RATES SHALL BE BASED ON BUDGETED COSTS SUBSEQUENTLY
ADJUSTED TO ONE HUNDRED ONE PERCENT OF REASONABLE ACTUAL COSTS.
§ 3. Paragraph (a) of subdivision 1 of section 212 of chapter 474 of
the laws of 1996, amending the education law and other laws relating to
rates for residential healthcare facilities, as amended by section 1 of
part D of chapter 59 of the laws of 2016, is amended to read as follows:
(a) Notwithstanding any inconsistent provision of law or regulation to
the contrary, effective beginning August 1, 1996, for the period April
1, 1997 through March 31, 1998, April 1, 1998 for the period April 1,
1998 through March 31, 1999, August 1, 1999, for the period April 1,
1999 through March 31, 2000, April 1, 2000, for the period April 1, 2000
through March 31, 2001, April 1, 2001, for the period April 1, 2001
through March 31, 2002, April 1, 2002, for the period April 1, 2002
through March 31, 2003, and for the state fiscal year beginning April 1,
2005 through March 31, 2006, and for the state fiscal year beginning
April 1, 2006 through March 31, 2007, and for the state fiscal year
beginning April 1, 2007 through March 31, 2008, and for the state fiscal
year beginning April 1, 2008 through March 31, 2009, and for the state
fiscal year beginning April 1, 2009 through March 31, 2010, and for the
state fiscal year beginning April 1, 2010 through March 31, 2016, and
for the state fiscal year beginning April 1, 2016 through March 31,
2019, the department of health is [authorized] REQUIRED to pay public
general hospitals, as defined in subdivision 10 of section 2801 of the
public health law, operated by the state of New York or by the state
university of New York or by a county, which shall not include a city
with a population of over one million, of the state of New York, and
those public general hospitals located in the county of Westchester, the
county of Erie or the county of Nassau, additional payments for inpa-
tient hospital services as medical assistance payments pursuant to title
11 of article 5 of the social services law for patients eligible for
federal financial participation under title XIX of the federal social
security act in medical assistance pursuant to the federal laws and
regulations governing disproportionate share payments to hospitals [up
to] OF one hundred percent of each such public general hospital's
medical assistance and uninsured patient losses after all other medical
assistance, including disproportionate share payments to such public
general hospital for 1996, 1997, 1998, and 1999, based initially for
1996 on reported 1994 reconciled data as further reconciled to actual
reported 1996 reconciled data, and for 1997 based initially on reported
1995 reconciled data as further reconciled to actual reported 1997
reconciled data, for 1998 based initially on reported 1995 reconciled
data as further reconciled to actual reported 1998 reconciled data, for
1999 based initially on reported 1995 reconciled data as further recon-
ciled to actual reported 1999 reconciled data, for 2000 based initially
on reported 1995 reconciled data as further reconciled to actual
reported 2000 data, for 2001 based initially on reported 1995 reconciled
data as further reconciled to actual reported 2001 data, for 2002 based
initially on reported 2000 reconciled data as further reconciled to
S. 2007--A 139
actual reported 2002 data, and for state fiscal years beginning on April
1, 2005, based initially on reported 2000 reconciled data as further
reconciled to actual reported data for 2005, and for state fiscal years
beginning on April 1, 2006, based initially on reported 2000 reconciled
data as further reconciled to actual reported data for 2006, for state
fiscal years beginning on and after April 1, 2007 through March 31,
2009, based initially on reported 2000 reconciled data as further recon-
ciled to actual reported data for 2007 and 2008, respectively, for state
fiscal years beginning on and after April 1, 2009, based initially on
reported 2007 reconciled data, adjusted for authorized Medicaid rate
changes applicable to the state fiscal year, and as further reconciled
to actual reported data for 2009, for state fiscal years beginning on
and after April 1, 2010, based initially on reported reconciled data
from the base year two years prior to the payment year, adjusted for
authorized Medicaid rate changes applicable to the state fiscal year,
and further reconciled to actual reported data from such payment year,
and to actual reported data for each respective succeeding year. The
payments may be added to rates of payment or made as aggregate payments
to an eligible public general hospital.
§ 4. Subdivision 2 of section 2776 of the public health law is renum-
bered subdivision 3 and a new subdivision 2 is added to read as follows:
2. TO THE EXTENT THE SERVICES UNDER SUBDIVISION ONE OF THIS SECTION
INCLUDE THE PAYMENT OF HEALTH INSURANCE PREMIUMS FOR CERTAIN INDIVIDUALS
WITH ACQUIRED IMMUNE DEFICIENCY SYNDROME, THE PREMIUM PAYMENTS SHALL
INCLUDE AN ADDITIONAL PREMIUM SUBSIDY TO BE PAID TO THE INDIVIDUAL'S
HEALTH PLAN. THE SUBSIDY SHALL BE IN ADDITION TO THE PREMIUMS OTHERWISE
CHARGED FOR SUCH COVERAGE, IN AN AMOUNT DETERMINED BY THE DEPARTMENT OF
FINANCIAL SERVICES, IN CONSULTATION WITH THE INSTITUTE, TO BE ACTUARIAL-
LY SUFFICIENT TO ENSURE THAT THE COVERAGE PROVIDED TO THE ELIGIBLE INDI-
VIDUALS DOES NOT NEGATIVELY IMPACT THE CURRENT OR FUTURE COST OF SUCH
COVERAGE FOR OTHER INDIVIDUALS PURCHASING THE SAME OR COMPARABLE COVER-
AGE FROM THE HEALTH PLAN. THE AMOUNT OF THE SUBSIDY MAY VARY BY HEALTH
PLAN, AS ACTUARIALLY NECESSARY.
§ 5. Subdivision 1 of section 364-j of the social services law is
amended by adding two new paragraphs (w) and (w-1) to read as follows:
(W) "SCHOOL-BASED HEALTH CENTER". A CLINIC LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR SPONSORED BY A FACILITY
LICENSED UNDER THE PUBLIC HEALTH LAW WHICH PROVIDES PRIMARY AND PREVEN-
TATIVE CARE INCLUDING BUT NOT LIMITED TO HEALTH MAINTENANCE, WELL-CHILD
CARE, DIAGNOSIS AND TREATMENT OF INJURY AND ACUTE ILLNESS, DIAGNOSIS AND
MANAGEMENT OF CHRONIC DISEASE, BEHAVIORAL HEALTH SERVICES DIRECTLY OR BY
REFERRAL, AND WHICH MAY PROVIDE VISION CARE, DENTAL CARE, NUTRITIONAL OR
OTHER ENHANCED SERVICES TO CHILDREN AND ADOLESCENTS WITHIN AN ELEMENTA-
RY, SECONDARY OR PREKINDERGARTEN PUBLIC SCHOOL SETTING.
(W-1) "SPONSORING ORGANIZATION". A FACILITY LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW WHICH ACTS AS THE SPONSOR FOR A
SCHOOL-BASED HEALTH CENTER.
§ 6. Subdivision 3 of section 364-j of the social services law is
amended by adding a new paragraph (d-3) to read as follows:
(D-3) SERVICES PROVIDED BY SCHOOL-BASED HEALTH CENTERS SHALL NOT BE
PROVIDED TO MEDICAL ASSISTANCE RECIPIENTS THROUGH MANAGED CARE PROGRAMS
ESTABLISHED PURSUANT TO THIS SECTION, AND SHALL CONTINUE TO BE PROVIDED
OUTSIDE OF MANAGED CARE PROGRAMS IN ACCORDANCE WITH APPLICABLE
REIMBURSEMENT METHODOLOGIES. APPLICABLE REIMBURSEMENT METHODOLOGIES
SHALL MEAN:
S. 2007--A 140
(I) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY A FEDERALLY QUALIFIED
HEALTH CENTER, RATES OF REIMBURSEMENT AND REQUIREMENTS IN ACCORDANCE
WITH THOSE MANDATED BY 42 U.S.C. SECS. 1396A(BB), 1396(M)(2)(A)(IX) AND
1936(A)(13)(C); AND
(II) FOR SCHOOL-BASED HEALTH CENTERS SPONSORED BY AN ENTITY LICENSED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW THAT IS NOT A
FEDERALLY QUALIFIED HEALTH CENTER, RATES OF REIMBURSEMENT AT THE FEE FOR
SERVICE RATE FOR SUCH SERVICES IN EFFECT PRIOR TO THE EFFECTIVE DATE OF
THIS PARAGRAPH FOR THE AMBULATORY PATIENT GROUP RATE FOR THE APPLICABLE
SERVICE.
§ 7. Section 365-l of the social services law, as added by section 37
of part H of chapter 59 of the laws of 2011, subdivision 2-a as added by
section 23 of part A of chapter 56 of the laws of 2013, subdivision 2-b
as amended by section 17 of part B of chapter 59 of the laws of 2016,
subdivision 2-c as added by section 25 of part B of chapter 59 of the
laws of 2015 and subdivision 9 as amended by section 28 of part B of
chapter 59 of the laws of 2016, is amended to read as follows:
§ 365-l. Health homes. 1. Notwithstanding any law, rule or regulation
to the contrary, the commissioner of health is authorized, in consulta-
tion with the commissioners of the office of mental health, office of
alcoholism and substance abuse services, and office for people with
developmental disabilities, to (a) establish, in accordance with appli-
cable federal law and regulations, UNIFORM AND CONSISTENT standards,
INCLUDING A CERTIFICATION PROCESS, for the provision of [health home
services] ASSISTANCE WITH CARE MANAGEMENT PROVIDED BY HEALTH HOMES to
Medicaid enrollees with chronic conditions, (b) establish payment meth-
odologies for [health home services] SUCH ASSISTANCE based on factors
including but not limited to the complexity of the conditions providers
will be managing, the anticipated amount of patient contact needed to
manage such conditions, and the health care cost savings realized by
provision of health home services, (c) establish the criteria under
which a Medicaid enrollee will be designated as being an eligible indi-
vidual with chronic conditions for purposes of this program, (d) assign
any Medicaid enrollee designated as an eligible individual with chronic
conditions to a provider of health home services. FOR PURPOSES OF THIS
SECTION, FOR MEDICAID ENROLLEES ENROLLED WITH A MANAGED CARE PROVIDER,
"ASSISTANCE WITH CARE MANAGEMENT" SHALL BE DEFINED AS OUTREACH, EDUCA-
TIONAL ASSISTANCE AND OTHER LOGISTICAL COORDINATION DESIGNED TO ASSIST A
MANAGED CARE PROVIDER IN UNDERTAKING ITS CARE MANAGEMENT FUNCTIONS. THE
STANDARDS AND SCOPE OF ASSISTANCE WITH CARE MANAGEMENT PROVIDED BY
HEALTH HOMES AS AUTHORIZED BY THIS SECTION, AND THE PAYMENT FOR SUCH
SERVICES, SHALL BE PRESCRIBED BY THE COMMISSIONER AND SET FORTH IN THE
CONTRACT BETWEEN THE HEALTH HOME AND A MANAGED CARE PROVIDER AS
PRESCRIBED BY SUBDIVISION TEN OF THIS SECTION. IN IDENTIFYING APPROPRI-
ATE PAYMENT FOR HEALTH HOME SERVICES PROVIDED PURSUANT TO THIS SUBDIVI-
SION, THE COMMISSIONER SHALL TAKE INTO ACCOUNT SOCIOECONOMIC AND OTHER
FACTORS AFFECTING THE LEVEL AND INTENSITY OF EFFORT REQUIRED FOR EFFEC-
TIVE HEALTH HOME OUTREACH AND ENGAGEMENT WITH IDENTIFIED POPULATIONS.
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 AND AGREED UPON
BY THE MANAGED CARE PROVIDER WHICH HAS CONTRACTED WITH THE HEALTH HOME
FOR ASSISTANCE WITH CARE MANAGEMENT. A MANAGED CARE PROVIDER SHALL NOT
BE OBLIGATED TO REIMBURSE A HEALTH HOME FOR HEALTH HOME SERVICES, UNLESS
THE HEALTH HOME HAS CONTRACTED WITH THE MANAGED CARE PROVIDER.
S. 2007--A 141
2-a. Up to fifteen million dollars in state funding may be used to
fund health home infrastructure development. Such funds shall be used to
develop enhanced systems to support Health Home operations including
assignments, workflow, and transmission of data. Funding will also be
disbursed pursuant to a formula established by the commissioner to be
designated health homes. Such formula may consider prior access to simi-
lar funding opportunities, geographic and demographic factors, including
the population served, and prevalence of qualifying conditions, connec-
tivity to providers, and other criteria as established by the commis-
sioner.
2-b. The commissioner is authorized to make lump sum payments or
adjust rates of payment to providers up to a gross amount of five
million dollars, to establish coordination between the health homes and
the criminal justice system and for the integration of information of
health homes with state and local correctional facilities, to the extent
permitted by law. Such rate adjustments may be made to health homes
participating in a criminal justice pilot program with the purpose of
enrolling incarcerated individuals with serious mental illness, two or
more chronic conditions, including substance abuse disorders, or
HIV/AIDS, into such health home. Health homes receiving funds under this
subdivision shall be required to document and demonstrate the effective
use of funds distributed herein.
2-c. The commissioner is authorized to make grants up to a gross
amount of one million dollars for certified application counselors and
assistors to facilitate the enrollment of persons in high risk popu-
lations, including but not limited to persons with mental health and/or
substance abuse conditions that have been recently discharged or are
pending release from state and local correctional facilities. Funds
allocated for certified application counselors and assistors shall be
expended through a request for proposal process.
2-D. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTIONS ONE
HUNDRED TWELVE AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR
ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER SHALL MAKE GRANTS FOR A
GROSS AMOUNT OF FIVE MILLION DOLLARS TO THE COLLABORATIVE FOR CHILDREN
AND FAMILIES FOR THE PURPOSE OF SUPPORTING THE DEVELOPMENT AND IMPLEMEN-
TATION OF A COMPREHENSIVE CARE MANAGEMENT PROGRAM FOR CHILDREN WITH
COMPLEX AND CHRONIC MEDICAL CONDITIONS. FUNDS ALLOCATED HEREIN SHALL BE
DISTRIBUTED WITHOUT A REQUEST FOR PROPOSALS AND SHALL NOT BE DISBURSED
PURSUANT TO A FORMULA.
3. Until such time as the commissioner obtains necessary waivers
and/or approvals of the federal social security act, Medicaid enrollees
assigned to providers of health home services will be allowed to opt out
of such services. In addition, upon enrollment, an enrollee shall be
offered an option of at least two providers of health home services, to
the extent practicable.
4. Payments authorized pursuant to this section will be made with
state funds only, to the extent that such funds are appropriated there-
fore, until such time as federal financial participation in the costs of
such services is available.
5. The commissioner is authorized to submit amendments to the state
plan for medical assistance and/or submit one or more applications for
waivers of the federal social security act, to obtain federal financial
participation in the costs of health home services provided pursuant to
this section, and as provided in subdivision three of this section.
[6. Notwithstanding any limitations imposed by section three hundred
sixty-four-l of this title on entities participating in demonstration
S. 2007--A 142
projects established pursuant to such section, the commissioner is
authorized to allow such entities which meet the requirements of this
section to provide health home services.]
7. Notwithstanding any law, rule, or regulation to the contrary, the
commissioners of the department of health, the office of mental health,
the office for people with developmental disabilities, and the office of
alcoholism and substance abuse services are authorized to jointly estab-
lish a single set of operating and reporting requirements and a single
set of construction and survey requirements for entities that:
(a) can demonstrate experience in the delivery of health, and mental
health and/or alcohol and substance abuse services and/or services to
persons with developmental disabilities, and the capacity to offer inte-
grated delivery of such services in each location approved by the
commissioner; and
(b) meet the standards established pursuant to subdivision one of this
section for providing [and receiving payment for health home] ASSISTANCE
WITH CARE MANAGEMENT services; provided, however, that an entity meeting
the standards established pursuant to subdivision one of this section
shall not be required to be an integrated service provider pursuant to
this subdivision.
In establishing a single set of operating and reporting requirements
and a single set of construction and survey requirements for entities
described in this subdivision, the commissioners of the department of
health, the office of mental health, the office for people with develop-
mental disabilities, and the office of alcoholism and substance abuse
services are authorized to waive any regulatory requirements as are
necessary to avoid duplication of requirements and to allow the inte-
grated delivery of services in a rational and efficient manner.
8. (a) The commissioner of health is authorized to contract with one
or more entities to assist the state in implementing the provisions of
this section. Such entity or entities shall be the same entity or enti-
ties chosen to assist in the implementation of the multipayor patient
centered medical home program pursuant to section twenty-nine hundred
fifty-nine-a of the public health law. Responsibilities of the contrac-
tor shall include but not be limited to: developing recommendations with
respect to program policy, reimbursement, system requirements, reporting
requirements, evaluation protocols, and provider and patient enrollment;
providing technical assistance to potential medical home and health home
providers; data collection; data sharing; program evaluation, and prepa-
ration of reports.
(b) Notwithstanding any inconsistent provision of sections one hundred
twelve and one hundred sixty-three of the state finance law, or section
one hundred forty-two of the economic development law, or any other law,
the commissioner of health is authorized to enter into a contract or
contracts under paragraph (a) of this subdivision without a competitive
bid or request for proposal process, provided, however, that:
(i) The department of health shall post on its website, for a period
of no less than thirty days:
(1) A description of the proposed services to be provided pursuant to
the contract or contracts;
(2) The criteria for selection of a contractor or contractors;
(3) The period of time during which a prospective contractor may seek
selection, which shall be no less than thirty days after such informa-
tion is first posted on the website; and
(4) The manner by which a prospective contractor may seek such
selection, which may include submission by electronic means;
S. 2007--A 143
(ii) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner of health; and
(iii) The commissioner of health shall select such contractor or
contractors that, in his or her discretion, are best suited to serve the
purposes of this section.
9. The contract entered into by the commissioner of health prior to
January first, two thousand thirteen pursuant to subdivision eight of
this section may be amended or modified without the need for a compet-
itive bid or request for proposal process, and without regard to the
provisions of sections one hundred twelve and one hundred sixty-three of
the state finance law, section one hundred forty-two of the economic
development law, or any other provision of law, excepting the responsi-
ble vendor requirements of the state finance law, including, but not
limited to, sections one hundred sixty-three and one hundred thirty-
nine-k of the state finance law, to allow the purchase of additional
personnel and services, subject to available funding, for the limited
purpose of assisting the department of health with implementing the
Balancing Incentive Program, the Fully Integrated Duals Advantage
Program, the Vital Access Provider Program, the Medicaid waiver amend-
ment associated with the public hospital transformation, the addition of
behavioral health services as a managed care plan benefit, the delivery
system reform incentive payment plan, activities to facilitate the tran-
sition of vulnerable populations to managed care and/or any workgroups
required to be established by the chapter of the laws of two thousand
thirteen that added this subdivision. The department is authorized to
extend such contract for a period of one year, without a competitive bid
or request for proposal process, upon determination that the existing
contractor is qualified to continue to provide such services; provided,
however, that the department of health shall submit a request for appli-
cations for such contract during the time period specified in this
subdivision and may terminate the contract identified herein prior to
expiration of the extension authorized by this subdivision.
10. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,
MANAGED CARE PROVIDERS OPERATING PURSUANT TO SECTION THREE HUNDRED
SIXTY-FOUR-J OF THIS TITLE MAY EITHER CONTRACT DIRECTLY WITH ONE OR MORE
CARE MANAGEMENT AGENCIES OR WITH ONE OR MORE HEALTH HOMES TO PROVIDE
ASSISTANCE WITH CARE MANAGEMENT AS AUTHORIZED BY THIS SECTION TO MEDI-
CAID ENROLLEES WHO PARTICIPATE WITH THE MANAGED CARE PROVIDER. SUCH
ASSISTANCE WITH CARE MANAGEMENT SERVICES: (I) SHALL BE AVAILABLE TO
ENROLLEES WHO WOULD OTHERWISE BE ELIGIBLE TO RECEIVE HEALTH HOME
SERVICES PURSUANT TO THIS SECTION; (II) MAY BE PROVIDED TO PARTICIPANTS
ENROLLED WITH THE MANAGED CARE PROVIDER WITHOUT REGARD TO ANY SERVICE
AREA DESIGNATION OR LIMITATION OTHERWISE APPLICABLE TO THE HEALTH HOME;
AND (III) SHALL NOT INCLUDE THE DELEGATION OF THE ACTUAL CARE MANAGEMENT
FUNCTIONS UNDERTAKEN BY A MANAGED CARE PROVIDER, UNLESS THE MANAGED CARE
PROVIDER, IN ITS DISCRETION, DETERMINES TO DELEGATE SUCH FUNCTION TO THE
HEALTH HOME PURSUANT TO THE TERMS OF THE AGREEMENT BETWEEN THE MANAGED
CARE PROVIDER AND THE HEALTH HOME. PARTICIPANTS IN A MANAGED CARE
PROVIDER SHALL NOT BE ELIGIBLE TO RECEIVE HEALTH HOME SERVICES FROM ANY
HEALTH HOME THAT HAS NOT ENTERED INTO A CONTRACT TO PROVIDE ASSISTANCE
WITH CARE MANAGEMENT SERVICES WITH A MANAGED CARE PROVIDER PURSUANT TO
THIS PARAGRAPH.
§ 8. Notwithstanding any provision of law to the contrary, for rates
of payment for the period April 1, 2017 through March 31, 2018, not-for-
profit residential health care facilities with a department of health
S. 2007--A 144
bed census count of four hundred seventy beds as of December 31, 2016
and located in the county of Monroe shall receive an aggregate per diem
adjustment of eight hundred sixty thousand dollars. Such adjustment
shall reflect payment for otherwise reimbursable services that were not
previously reimbursed due to an unforeseen systems error resulting in
the provider's failure to submit timely claims for services. The adjust-
ment may be payable by the department of health through Medicaid rates
of payment as a rate add-on or lump sum payments through the statewide
financial system, on a quarterly basis or any other basis as determined
by the commissioner of health. Such adjustment shall be in addition to
any other claims for reimbursement made by such eligible facilities.
Such adjustment shall be subject to cash receipts assessment and equity
withdrawal limitations.
§ 9. 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 INFERTILITY SERVICES AT THE SAME
COVERAGE LEVEL AS PROVIDED FOR BY PARAGRAPHS THIRTEEN AND THIRTEEN-A OF
SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN, PARAGRAPH
SIX OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE
AND SECTION FOUR THOUSAND THREE HUNDRED THREE OF THE INSURANCE LAW.
§ 10. This act shall take effect immediately; provided, however, that
the implementation of the provisions of section two of this act shall be
subject to the appropriation of moneys specifically for the purposes
thereof; provided, however, that section three of this act shall be
deemed to have been in full force and effect on and after April 1, 2016;
provided, further, the amendments made to section 364-j of the social
services law by sections five and six of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.
PART W
Section 1. Paragraph (q) of subdivision 1 of section 2995-a of the
public health law, as added by chapter 542 of the laws of 2000, is
amended to read as follows:
(q) health care plans with which the licensee has contracts, employ-
ment, or other affiliation; PROVIDED THAT THE REPORTING OF SUCH INFORMA-
TION SHALL NOT BE THE RESPONSIBILITY OF THE PHYSICIAN, BUT SHALL BE
INCLUDED AND UPDATED BY THE DEPARTMENT UTILIZING PROVIDER NETWORK
PARTICIPATION INFORMATION, OR OTHER RELIABLE SOURCES OF INFORMATION
SUBMITTED BY HEALTH CARE PLANS.
§ 2. Subdivision 4 of section 2995-a of the public health law, as
amended by section 3 of part A of chapter 57 of the laws of 2015, is
amended to read as follows:
4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of profiles
under this section which is not otherwise reasonably obtainable. In
addition to such periodic reports and providing the same information,
each physician shall update his or her profile information within the
six months prior to the [expiration date of such physician's registra-
tion period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
tion of registration renewal under article one hundred thirty-one of the
education law. Except for optional information provided, physicians
shall notify the department of any change in the profile information
within thirty days of such change.
S. 2007--A 145
§ 3. Subdivision 6 of section 2995-a of the public health law, as
added by chapter 542 of the laws of 2000, is amended to read as follows:
6. A physician may elect to have his or her profile omit certain
information provided pursuant to paragraphs (l), (m)[,] AND (n) [and
(q)] of subdivision one of this section. In collecting information for
such profiles and disseminating the same, the department shall inform
physicians that they may choose not to provide such information required
pursuant to paragraphs (l), (m)[,] AND (n) [and (q)] of subdivision one
of this section.
§ 4. Section 2995-a of the public health law is amended by adding a
new subdivision 7-a to read as follows:
7-A. FOR PURPOSES OF THIS SECTION, A PHYSICIAN MAY AUTHORIZE A DESIG-
NEE TO REGISTER, TRANSMIT, ENTER OR UPDATE INFORMATION ON HIS OR HER
BEHALF, PROVIDED THAT:
(A) THE DESIGNEE SO AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
(B) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH DESIGNEE
IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS; AND
(C) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE ACCURACY OF THE
INFORMATION PROVIDED AND FOR ANY FAILURE TO PROVIDE ACCURATE INFORMA-
TION.
THE COMMISSIONER SHALL ESTABLISH IN REGULATION REASONABLE PARAMETERS
WITH REGARD TO A PHYSICIAN'S ABILITY TO AUTHORIZE DESIGNEES PURSUANT TO
THIS SECTION, WHICH SHALL INCLUDE PROCESSES NECESSARY TO ALLOW THE
DEPARTMENT TO: (I) GRANT ACCESS TO THE PROFILE IN A REASONABLY PROMPT
MANNER TO DESIGNEES AUTHORIZED BY PHYSICIANS; (II) REQUIRE THAT PHYSI-
CIANS NOTIFY THE DEPARTMENT UPON TERMINATING THE AUTHORIZATION OF ANY
DESIGNEE; AND (III) ESTABLISH A MECHANISM TO PREVENT SUCH TERMINATED
DESIGNEES FROM ACCESSING THE PROFILE IN A REASONABLY PROMPT MANNER
FOLLOWING SUCH NOTIFICATION.
§ 5. The article heading of article 43-B of the public health law, as
added by chapter 589 of the laws of 1990, is amended to read as follows:
ORGAN[, TISSUE AND BODY PARTS] PROCUREMENT AND [STORAGE]
DONOR SUPPORT
§ 6. Sections 4360 through 4368 of article 43-B of the public health
law are designated title 1, and a new title heading is added to read as
follows:
ORGAN, TISSUE AND BODY PARTS PROCUREMENT AND STORAGE
§ 7. Article 43-B of the public health law is amended by adding a new
title 2 to read as follows:
TITLE 2
LIVING ORGAN DONATION
SECTION 4369. DEFINITIONS.
4370. REIMBURSEMENT OF LIVING DONOR EXPENSES.
4371. TRANSPLANT EDUCATION OF PATIENTS WITH KIDNEY DISEASE OR
END STAGE RENAL FAILURE.
§ 4369. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
1. "LIVING DONATION" MEANS THE GIFT BY AN INDIVIDUAL OF AN ORGAN OF
THAT INDIVIDUAL'S BODY TO BE TRANSPLANTED INTO ANOTHER INDIVIDUAL'S
BODY, THE GIFT TO BE EXECUTED WHILE THE DONATING INDIVIDUAL IS LIVING
AND WITH THE INTENT THAT THE DONATING INDIVIDUAL WILL CONTINUE TO LIVE
AFTER THE EXECUTION OF THE GIFT.
2. "LIVING DONOR" MEANS AN INDIVIDUAL WHO MAKES A LIVING DONATION.
S. 2007--A 146
3. "LIVING DONOR EXPENSES" MEANS FINANCIAL COSTS INCURRED BY A LIVING
DONOR THAT ARISE DUE TO THE ACT OF LIVING DONATION AND ITS CONSEQUENCES,
THAT ARE SUBJECT TO REIMBURSEMENT UNDER SECTION FORTY-THREE HUNDRED
SEVENTY OF THIS TITLE.
4. "LIVING DONOR SUPPORT PROGRAM" OR "PROGRAM" MEANS THE LIVING DONOR
SUPPORT PROGRAM ESTABLISHED UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF
THIS TITLE.
5. "PAIRED DONATION" MEANS A LIVING DONATION IN WHICH THE LIVING
DONOR'S ORGAN IS INCOMPATIBLE WITH THE ULTIMATE INTENDED RECIPIENT AND
THE LIVING DONOR'S ORGAN IS TRANSPLANTED INTO ANOTHER RECIPIENT, AND IN
TURN ANOTHER LIVING DONOR MAKES A LIVING DONATION, DIRECTLY OR THROUGH
ONE OR MORE PAIRED DONATIONS, TO THE ULTIMATE RECIPIENT.
§ 4370. REIMBURSEMENT OF LIVING DONOR EXPENSES. 1. THE LIVING DONOR
SUPPORT PROGRAM IS HEREBY ESTABLISHED IN THE DEPARTMENT.
2. (A) SUBJECT TO APPROPRIATIONS THEREFOR, THE PROGRAM SHALL PAY THE
LIVING DONOR EXPENSES FOR LIVING DONORS WHO ARE RESIDENTS OF THE STATE
AND MAKE A LIVING DONATION IN WHICH THE ULTIMATE RECIPIENT, EITHER
DIRECTLY OR THROUGH PAIRED DONATION IS A RESIDENT OF THE STATE. THE
COMMISSIONER THROUGH REGULATIONS SHALL ESTABLISH ELIGIBLE LIVING DONOR
EXPENSES THAT ARE ELIGIBLE FOR REIMBURSEMENT UNDER THE PROGRAM WHICH
SHALL INCLUDE AT A MINIMUM: LOST WAGES (INCLUDING DEMONSTRATED LOST
NON-EMPLOYMENT INCOME); THE ECONOMIC VALUE OF SICK OR VACATION DAYS
EXPENDED; TRAVEL AND LODGING, CHILD CARE AND ELDER CARE EXPENSES; AND
COSTS OF MEDICATIONS AND CARE ASSOCIATED WITH THE LIVING DONATION
SURGERY. THE TOTAL PERIOD OF TIME RELATED TO LOST WAGES OR EXPENDED SICK
OR VACATION DAYS SHALL NOT EXCEED FOUR WEEKS UNLESS SPECIAL CIRCUM-
STANCES ARE DEMONSTRATED, SUCH AS THE NATURE OF PHYSICAL LABOR REQUIRED
FOR THE LIVING DONOR'S EMPLOYMENT; PROVIDED THAT THE TOTAL PERIOD SHALL
IN NO EVENT EXCEED EIGHT WEEKS. THE COMMISSIONER MAY BY REGULATION
IMPOSE A LIMITATION ON: (I) THE AMOUNT OF LOST WAGES FOR A LIVING DONOR
MAKING AN INCOME IN EXCESS OF AN ANNUAL RATE OF ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS; OR (II) THE AMOUNT OF LIVING DONOR EXPENSES ABOVE
FOURTEEN THOUSAND DOLLARS FOR ANY SINGLE LIVING DONOR; AND MAY INCLUDE
ADDITIONAL LIVING DONOR EXPENSES INCLUDING REIMBURSEMENT FOR COSTS OF
CARE PERFORMED BY RELATIVES OR FAMILY MEMBERS OF THE LIVING DONOR.
(B) THE PROGRAM SHALL NOT PAY REIMBURSEMENT FOR EXPENSES PAID OR
REQUIRED TO BE PAID FOR BY ANY THIRD-PARTY PAYER, INCLUDING WAGES OR
OTHER EXPENSES THAT WERE COVERED UNDER PAID MEDICAL LEAVE BY THE LIVING
DONOR'S EMPLOYER OR THAT ARE COVERED BY OTHER SOURCES OF REIMBURSEMENT
SUCH AS THE FEDERAL NATIONAL LIVING DONOR ASSISTANCE PROGRAM. THE
PROGRAM SHALL BE THE PAYER OF LAST RESORT WITH RESPECT TO ANY BENEFIT
UNDER THE PROGRAM.
(C) LIVING DONOR EXPENSES SHALL BE REIMBURSED AS CLOSE IN TIME AS
POSSIBLE TO THEIR BEING INCURRED BY THE DONOR, INCLUDING BY PRE-PAYMENT
WHERE PRACTICABLE.
3. (A) THE COMMISSIONER MAY CONTRACT FOR THE ADMINISTRATION OF
REIMBURSEMENT UNDER THE PROGRAM. FACTORS SUCH AS COST TO THE STATE, EASE
OF USE FOR THE LIVING DONOR, AND EASE OF USE FOR TRANSPLANT CENTER
HOSPITALS SHALL BE TAKEN INTO CONSIDERATION WHEN AWARDING SUCH CONTRACT.
(B) THE COMMISSIONER SHALL MAKE REGULATIONS TO IMPLEMENT THIS SECTION.
(C) THIS SECTION SHALL BE INTERPRETED SO AS NOT TO CONFLICT WITH THE
FEDERAL NATIONAL ORGAN TRANSPLANT ACT (42 U.S.C. 274E).
§ 4371. TRANSPLANT EDUCATION OF PATIENTS WITH KIDNEY DISEASE OR END
STAGE RENAL FAILURE. FOR ANY PATIENT WITH CHRONIC KIDNEY DISEASE STAGE
FOUR OR END STAGE RENAL DISEASE, A NEPHROLOGIST MANAGING THE PATIENT'S
TREATMENT OR, IF THE PATIENT IS NOT UNDER THE TREATMENT OF A NEPHROLO-
S. 2007--A 147
GIST THEN THE PATIENT'S PRIMARY CARE PRACTITIONER, SHALL CONSIDER WHETH-
ER THE PATIENT IS A CANDIDATE FOR TRANSPLANTATION UNDER APPLICABLE
PROFESSIONAL AND LEGAL GUIDELINES, AND, IF THE PATIENT APPEARS TO BE A
CANDIDATE FOR TRANSPLANTATION, PROVIDE THE PATIENT WITH TRANSPLANT
EDUCATION MATERIALS INCLUDING THOSE PREPARED UNDER SECTION TWO HUNDRED
SEVEN OF THIS CHAPTER.
§ 8. Paragraph (d) of subdivision 1 of section 207 of the public
health law, as amended by section 16 of part A of chapter 109 of the
laws of 2010, is amended to read as follows:
(d) The need FOR and importance of organ and tissue donation, INCLUD-
ING LIVING DONATION, including information about being registered as an
organ and tissue donor and executing documents of gift under article
forty-three of this chapter; AND INFORMATION TO INCREASE PATIENT UNDER-
STANDING ABOUT THE MEDICAL OPTION OF TRANSPLANT AND ITS DESIRABILITY.
IN IMPLEMENTING THIS PARAGRAPH, THE DEPARTMENT SHALL CONSULT WITH THE
TRANSPLANT COUNCIL IN THE DEPARTMENT.
§ 9. Paragraph 38 of subsection (c) of section 612 of the tax law, as
added by chapter 565 of the laws of 2006, is amended to read as follows:
(38) An amount of up to ten thousand dollars if a taxpayer, while
living, donates one or more of his or her human organs to another human
being for human organ transplantation. For purposes of this paragraph,
"human organ" means all or part of a liver, pancreas, kidney, intestine,
lung, or bone marrow. A subtract modification allowed under this para-
graph shall be claimed in the taxable year in which the human organ
transplantation occurs. PROVIDED, HOWEVER, THAT THIS DEDUCTION SHALL
NOT APPLY TO ANY DONATION FOR WHICH THE TAXPAYER HAS RECEIVED BENEFITS
UNDER SECTION FORTY-THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW.
§ 10. The social services law is amended by adding a new section 365-o
to read as follows:
§ 365-O. PROVISION AND COVERAGE OF SERVICES FOR LIVING ORGAN DONORS.
THIS SECTION APPLIES IN THE CASE OF A LIVING DONOR UNDER SECTION FORTY-
THREE HUNDRED SEVENTY OF THE PUBLIC HEALTH LAW WHO IS OTHERWISE ELIGIBLE
FOR MEDICAL ASSISTANCE UNDER THIS ARTICLE. SERVICES FOR THAT PERSON
COVERED UNDER THAT SECTION THAT WOULD OTHERWISE BE HEALTH CARE SERVICES
UNDER THIS ARTICLE SHALL BE PAID FOR UNDER THIS ARTICLE AND NOT UNDER
SUCH SECTION, PROVIDED FEDERAL FINANCIAL PARTICIPATION IS AVAILABLE.
§ 11. Article 2 of the public health law is amended by adding a new
title 4-A to read as follows:
TITLE IV-A
LUPUS RESEARCH ENHANCEMENT ACT
SECTION 256. SHORT TITLE.
256-A. LEGISLATIVE INTENT.
256-B. DEFINITION.
256-C. LUPUS RESEARCH ENHANCEMENT PROGRAM.
256-D. LUPUS RESEARCH ADVISORY COUNCIL.
256-E. LUPUS RESEARCH ENHANCEMENT FUND.
§ 256. SHORT TITLE. THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE
"LUPUS RESEARCH ENHANCEMENT ACT".
§ 256-A. LEGISLATIVE INTENT. 1. THE LEGISLATURE HEREBY FINDS THE
FOLLOWING:
(A) LUPUS IS A SERIOUS, COMPLEX, DEBILITATING AUTOIMMUNE DISEASE THAT
CAN CAUSE INFLAMMATION AND TISSUE DAMAGE TO VIRTUALLY ANY ORGAN SYSTEM
IN THE BODY, INCLUDING THE SKIN, JOINTS, OTHER CONNECTIVE TISSUE, BLOOD
AND BLOOD VESSELS, HEART, LUNGS, KIDNEY, AND BRAIN.
S. 2007--A 148
(B) THE LUPUS FOUNDATION OF AMERICA, INC. ESTIMATES THAT APPROXIMATELY
1.5 TO TWO MILLION AMERICANS LIVE WITH SOME FORM OF LUPUS; LUPUS AFFECTS
WOMEN NINE TIMES MORE OFTEN THAN MEN AND EIGHTY PERCENT OF NEWLY DIAG-
NOSED CASES OF LUPUS DEVELOP AMONG WOMEN OF CHILDBEARING AGE.
(C) LUPUS DISPROPORTIONATELY AFFECTS WOMEN OF COLOR - IT IS TWO TO
THREE TIMES MORE COMMON AMONG AFRICAN-AMERICANS, HISPANICS, ASIANS AND
NATIVE AMERICANS AND IS GENERALLY MORE PREVALENT IN MINORITY POPULATIONS
- A HEALTH DISPARITY THAT REMAINS UNEXPLAINED. ACCORDING TO THE CENTERS
FOR DISEASE CONTROL AND PREVENTION THE RATE OF LUPUS MORTALITY HAS
INCREASED SINCE THE LATE NINETEEN SEVENTIES AND IS HIGHER AMONG OLDER
AFRICAN-AMERICAN WOMEN.
(D) NO NEW DRUGS HAVE BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINIS-
TRATION SPECIFICALLY FOR LUPUS IN NEARLY FORTY YEARS, AND WHILE CURRENT
TREATMENTS FOR THE DISEASE CAN BE EFFECTIVE, THEY CAN LEAD TO DAMAGING
SIDE EFFECTS.
(E) THE PAIN AND FATIGUE ASSOCIATED WITH LUPUS CAN THREATEN PEOPLE'S
ABILITY TO LIVE INDEPENDENTLY, MAKE IT DIFFICULT TO MAINTAIN EMPLOYMENT
AND LEAD NORMAL LIVES, AND ONE IN FIVE PEOPLE WITH LUPUS IS DISABLED BY
THE DISEASE, AND CONSEQUENTLY RECEIVES SUPPORT FROM GOVERNMENT PROGRAMS,
INCLUDING MEDICARE, MEDICAID, SOCIAL SECURITY DISABILITY, AND SOCIAL
SECURITY SUPPLEMENTAL INCOME.
(F) THE ESTIMATED AVERAGE ANNUAL COST OF MEDICAL TREATMENT FOR AN
INDIVIDUAL WITH LUPUS CAN RANGE BETWEEN TEN THOUSAND DOLLARS AND THIRTY
THOUSAND DOLLARS; FOR PEOPLE WHO HAVE THE MOST SERIOUS FORM OF LUPUS,
MEDICAL COSTS CAN GREATLY EXCEED THIS AMOUNT, CAUSING A SIGNIFICANT
ECONOMIC, EMOTIONAL AND SOCIAL BURDEN TO THE ENTIRE FAMILY AND SOCIETY.
(G) MORE THAN HALF OF THE PEOPLE WITH LUPUS SUFFER FOUR OR MORE YEARS
AND VISIT THREE OR MORE PHYSICIANS BEFORE OBTAINING A DIAGNOSIS OF
LUPUS; EARLY DIAGNOSIS OF AND COMMENCEMENT OF TREATMENT FOR LUPUS CAN
PREVENT OR REDUCE SERIOUS ORGAN DAMAGE, DISABILITY, AND DEATH.
(H) DESPITE THE MAGNITUDE OF LUPUS AND ITS IMPACT ON INDIVIDUALS AND
FAMILIES, HEALTH PROFESSIONAL AND PUBLIC UNDERSTANDING OF LUPUS REMAINS
LOW; ONLY ONE OF FIVE AMERICANS CAN PROVIDE EVEN BASIC INFORMATION ABOUT
LUPUS, AND AWARENESS OF LUPUS IS LOWEST AMONG ADULTS AGES EIGHTEEN TO
THIRTY-FOUR - THE AGE GROUP MOST LIKELY TO DEVELOP SYMPTOMS OF LUPUS.
(I) LUPUS IS A SIGNIFICANT NATIONAL HEALTH ISSUE THAT DESERVES A
COMPREHENSIVE AND COORDINATED RESPONSE BY STATE AND FEDERAL GOVERNMENTS
WITH INVOLVEMENT OF THE HEALTH CARE PROVIDER, PATIENT, AND PUBLIC HEALTH
COMMUNITIES.
2. THE PURPOSES OF THIS TITLE ARE:
(A) TO PROMOTE BASIC AND CLINICAL RESEARCH PROGRAMS DESIGNED TO REDUCE
OR PREVENT SUFFERING FROM LUPUS, BY PROVIDING ADDITIONAL FUNDING TO
STATE ACADEMIC MEDICAL INSTITUTIONS WITHIN THE STATE CURRENTLY CONDUCT-
ING OR HAVING AN INTEREST IN CONDUCTING BASIC AND CLINICAL, SOCIAL,
TRANSLATIONAL, TECHNOLOGICAL, EPIDEMIOLOGICAL, AND BEHAVIORAL RESEARCH
ON LUPUS. SUCH ACTIVITIES MAY INCLUDE:
(I) INVESTIGATING THE PATHOGENESIS AND PHYSIOLOGY OF LUPUS;
(II) IDENTIFYING AND VALIDATING LUPUS BIOMARKERS;
(III) ENHANCING THE STATEWIDE INFRASTRUCTURE TO CONDUCT CLINICAL
TRIALS OF POTENTIAL NEW LUPUS THERAPIES;
(IV) DEVELOPING OR IMPROVING DIAGNOSTIC TESTS FOR EARLY DETECTION OF
LUPUS; AND
(V) DEVELOPING NOVEL THERAPIES TO TREAT LUPUS.
(B) TO ESTABLISH A MULTIDISCIPLINARY LUPUS RESEARCH ADVISORY COUNCIL
TO MONITOR PROGRESS AND MAKE GRANTING RECOMMENDATIONS TO THE DEPARTMENT.
S. 2007--A 149
§ 256-B. DEFINITION. AS USED IN THIS TITLE, "PROGRAM" SHALL MEAN THE
LUPUS RESEARCH ENHANCEMENT PROGRAM CREATED PURSUANT TO SECTION TWO
HUNDRED FIFTY-SIX-C OF THIS TITLE.
§ 256-C. LUPUS RESEARCH ENHANCEMENT PROGRAM. 1. THE COMMISSIONER SHALL
ESTABLISH WITHIN THE DEPARTMENT A LUPUS RESEARCH ENHANCEMENT PROGRAM
THROUGH WHICH THE DEPARTMENT SHALL MAKE GRANTS TO STATE ACADEMIC MEDICAL
INSTITUTIONS WITHIN THE STATE CURRENTLY CONDUCTING OR HAVING AN INTEREST
IN CONDUCTING BASIC AND CLINICAL, SOCIAL, TRANSLATIONAL, TECHNOLOGICAL,
EPIDEMIOLOGICAL, AND BEHAVIORAL RESEARCH ON LUPUS.
2. ALL RESEARCH FUNDS SHALL BE AWARDED ON THE BASIS OF THE RESEARCH
PRIORITIES ESTABLISHED FOR THE PROGRAM AND THE SCIENTIFIC MERIT OF THE
PROPOSED RESEARCH, AS DETERMINED BY AN OPEN, COMPETITIVE PEER REVIEW
PROCESS THAT ENSURES OBJECTIVITY, CONSISTENCY, AND HIGH QUALITY. ALL
INVESTIGATORS, REGARDLESS OF AFFILIATION, SHALL HAVE EQUAL ACCESS AND
OPPORTUNITY TO COMPETE FOR PROGRAM FUNDS.
3. THE PEER REVIEW PROCESS FOR THE SELECTION OF RESEARCH GRANTS
AWARDED UNDER THIS PROGRAM SHALL BE MODELED GENERALLY ON THAT USED BY
THE NATIONAL INSTITUTES OF HEALTH IN ITS GRANT MAKING PROCESS.
4. AN AWARDEE SHALL BE AWARDED GRANTS FOR THE FULL COST, BOTH DIRECT
AND INDIRECT, OF CONDUCTING THE SPONSORED RESEARCH CONSISTENT WITH THOSE
FEDERAL GUIDELINES GOVERNING ALL FEDERAL RESEARCH GRANTS AND CONTRACTS.
ALL INTELLECTUAL PROPERTY ASSETS DEVELOPED UNDER THIS PROGRAM SHALL BE
TREATED IN ACCORDANCE WITH STATE AND FEDERAL LAW.
5. IN ESTABLISHING ITS RESEARCH PRIORITIES, THE STATE SHALL CONSULT
WITH THE LUPUS RESEARCH ADVISORY COUNCIL AND CONSIDER A BROAD RANGE OF
CROSS-DISCIPLINARY LUPUS RESEARCH, INCLUDING, BUT NOT LIMITED TO,
RESEARCH INTO THE CAUSE, CURE, AND DIAGNOSIS OF LUPUS; TRANSLATIONAL AND
TECHNOLOGICAL RESEARCH, INCLUDING RESEARCH TO DEVELOP IMPROVED DIAGNOS-
TIC TESTS; RESEARCH REGARDING THE CULTURAL, ECONOMIC, AND LEGAL BARRIERS
TO ACCESSING THE HEALTH CARE SYSTEM FOR EARLY DETECTION AND TREATMENT OF
LUPUS; AND RESEARCH EXAMINING THE HEALTH DISPARITIES SEEN IN THE INCI-
DENCE AND PREVALENCE OF LUPUS.
§ 256-D. LUPUS RESEARCH ADVISORY COUNCIL. 1. OPERATIONS. (A) THE COUN-
CIL SHALL BE COMPRISED OF FIFTEEN MEMBERS REPRESENTING A BROAD RANGE OF
EXPERTISE AND EXPERIENCE.
(B) INDIVIDUALS AND ORGANIZATIONS MAY SUBMIT NOMINATIONS TO THE
COMMISSIONER THROUGH THE COUNCIL.
(C) EACH APPOINTED COUNCIL MEMBER SHOULD HAVE FAMILIARITY WITH LUPUS
AND ISSUES THAT SURROUND LUPUS AND BE ONE OF THE FOLLOWING: HEALTH AND
MEDICAL PROFESSIONAL WITH EXPERTISE IN LUPUS; AN INDIVIDUAL WITH LUPUS;
A REPRESENTATIVE FROM A LOCAL OR COUNTY HEALTH DEPARTMENT; OR A RECOG-
NIZED EXPERT IN THE PROVISION OF HEALTH SERVICES TO WOMEN, LUPUS
RESEARCH OR HEALTH DISPARITIES.
(D) THE COUNCIL SHALL BE COMPRISED AS FOLLOWS:
(I) AT LEAST THREE INDIVIDUALS WITH LUPUS;
(II) NO MORE THAN TWO REPRESENTATIVES FROM THE DEPARTMENT;
(III) AT LEAST FIVE INDIVIDUALS FROM LUPUS NONPROFIT HEALTH ORGANIZA-
TIONS; AND
(IV) AT LEAST FIVE SCIENTISTS OR CLINICIANS WITH EXPERIENCE IN LUPUS
AND WHO PARTICIPATE IN VARIOUS FIELDS OF SCIENTIFIC ENDEAVOR, INCLUDING,
BUT NOT LIMITED TO, THE FIELDS OF BIOMEDICAL RESEARCH, SOCIAL, TRANSLA-
TIONAL, BEHAVIORAL AND EPIDEMIOLOGICAL RESEARCH, AND PUBLIC HEALTH.
(E) ALL MEMBERS OF THE COUNCIL SHALL BE APPOINTED BY THE COMMISSIONER
AND THE COMMISSIONER SHALL CHOOSE FROM AMONG THE FIFTEEN COUNCIL MEMBERS
ONE MEMBER TO SERVE AS CHAIR.
S. 2007--A 150
(F) ALL MEMBERS OF THE COUNCIL SHALL SERVE TERMS OF TWO YEARS EACH.
MEMBERS CAN BE NAMED TO SERVE A TOTAL OF TWO TERMS AND TERMS CAN BE
CONSECUTIVE.
(G) MEMBERS SHALL SERVE WITHOUT COMPENSATION, BUT SHALL BE ENTITLED TO
ACTUAL, NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR BUSINESS
AS MEMBERS OF THE COUNCIL.
(H) A MAJORITY OF THE MEMBERS OF THE COUNCIL SHALL CONSTITUTE A
QUORUM. A MAJORITY VOTE OF A QUORUM SHALL BE REQUIRED FOR ANY OFFICIAL
ACTION OF THE COUNCIL.
(I) THE COUNCIL SHALL MEET AT THE CALL OF THE CHAIR, BUT NOT LESS THAN
FOUR TIMES PER YEAR.
2. FUNCTIONS. THE LUPUS RESEARCH ADVISORY COUNCIL SHALL:
(A) REVIEW SUBMITTED GRANT APPLICATIONS AND MAKE RECOMMENDATIONS TO
THE COMMISSIONER, AND THE COMMISSIONER SHALL, AT HIS OR HER DISCRETION,
GRANT APPROVAL OF APPLICATIONS FOR GRANTS FROM THOSE APPLICATIONS RECOM-
MENDED BY THE COUNCIL (IF A COUNCIL MEMBER SUBMITS AN APPLICATION FOR A
GRANT FROM THE LUPUS RESEARCH AND EDUCATION FUND, HE OR SHE WILL BE
PROHIBITED FROM REVIEWING AND MAKING A RECOMMENDATION ON THE APPLICA-
TION);
(B) CONSULT WITH THE NATIONAL INSTITUTES OF HEALTH, CENTERS FOR
DISEASE CONTROL AND PREVENTION, THE AGENCY FOR HEALTHCARE RESEARCH AND
QUALITY, THE NATIONAL ACADEMY OF SCIENCES (INSTITUTE OF MEDICINE), LUPUS
ADVOCACY GROUPS, AND OTHER ORGANIZATIONS OR ENTITIES WHICH MAY BE
INVOLVED IN LUPUS RESEARCH TO SOLICIT BOTH INFORMATION REGARDING LUPUS
RESEARCH PROJECTS THAT ARE CURRENTLY BEING CONDUCTED AND RECOMMENDATIONS
FOR FUTURE RESEARCH PROJECTS; AND
(C) SHALL TRANSMIT ANNUALLY ON OR BEFORE DECEMBER THIRTY-FIRST, A
REPORT TO THE LEGISLATURE ON GRANTS MADE, GRANTS IN PROGRESS, PROGRAM
ACCOMPLISHMENTS, AND FUTURE PROGRAM DIRECTIONS. EACH REPORT SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(I) THE NUMBER AND DOLLAR AMOUNTS OF RESEARCH GRANTS, INCLUDING THE
AMOUNT ALLOCATED TO INDIRECT COSTS;
(II) THE SUBJECT OF RESEARCH GRANTS;
(III) THE RELATIONSHIP BETWEEN FEDERAL AND STATE FUNDING FOR LUPUS
RESEARCH;
(IV) THE RELATIONSHIP BETWEEN EACH PROJECT AND THE OVERALL STRATEGY OF
THE RESEARCH PROGRAM;
(V) A SUMMARY OF RESEARCH FINDINGS INCLUDING DISCUSSION OF PROMISING
NEW AREAS;
(VI) THE INSTITUTIONS AND CAMPUSES RECEIVING GRANT AWARDS; AND
(VII) THE FIRST ANNUAL REPORT SHALL INCLUDE AN EVALUATION AND RECOM-
MENDATIONS CONCERNING THE DESIRABILITY AND FEASIBILITY OF REQUIRING
FOR-PROFIT GRANTEES TO COMPENSATE THE STATE IN THE EVENT THAT A GRANT
RESULTS IN THE DEVELOPMENT OF A PROFIT-MAKING PRODUCT. THIS EVALUATION
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE COSTS AND BENEFITS OF REQUIR-
ING A FOR-PROFIT GRANTEE TO REPAY THE GRANT, TO PROVIDE THE PRODUCT AT
COST TO STATE PROGRAMS SERVING LOW-INCOME LUPUS PATIENTS, AND TO PAY THE
STATE A PERCENTAGE OF THE ROYALTIES DERIVED FROM THE PRODUCT.
3. CONTRIBUTIONS. THE SECRETARY OF THE LUPUS RESEARCH ADVISORY COUNCIL
MAY ACCEPT GRANTS, SERVICES, AND PROPERTY FROM THE FEDERAL GOVERNMENT,
FOUNDATIONS, ORGANIZATIONS, MEDICAL SCHOOLS, AND OTHER ENTITIES AS MAY
BE AVAILABLE FOR THE PURPOSES OF FULFILLING THE OBLIGATIONS OF THIS
PROGRAM. ANY SUCH FUNDS SHALL SUPPLEMENT AND NOT SUPPLANT APPROPRIATIONS
PROVIDED FOR THE IMPLEMENTATION OF THIS ARTICLE.
S. 2007--A 151
4. WAIVERS. THE SECRETARY OF THE LUPUS RESEARCH ADVISORY COUNCIL SHALL
SEEK ANY FEDERAL WAIVER OR WAIVERS THAT MAY BE NECESSARY TO MAXIMIZE
FUNDS FROM THE FEDERAL GOVERNMENT TO IMPLEMENT THIS PROGRAM.
§ 256-E. LUPUS RESEARCH ENHANCEMENT FUND. ALL MONEYS RECEIVED PURSUANT
TO SECTION TWO HUNDRED FIFTY-SIX-C OF THIS TITLE SHALL BE CREDITED TO
THE FUND, AS ESTABLISHED BY SECTION NINETY-FIVE-I OF THE STATE FINANCE
LAW. THE COMMISSIONER SHALL USE THE FUND TO ADMINISTER THE LUPUS
RESEARCH ENHANCEMENT PROGRAM AND TO MAKE GRANTS TO AWARDEES PURSUANT TO
SECTION TWO HUNDRED FIFTY-SIX-C OF THIS TITLE.
§ 12. The state finance law is amended by adding a new section 95-i to
read as follows:
§ 95-I. LUPUS RESEARCH ENHANCEMENT FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUPUS RESEARCH
ENHANCEMENT FUND".
2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE
OF SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE TO THE LUPUS RESEARCH
ENHANCEMENT PROGRAM AS ESTABLISHED BY TITLE FOUR-A OF ARTICLE TWO OF THE
PUBLIC HEALTH LAW.
3. MONEYS OF THE FUND SHALL BE AVAILABLE FOR GRANTS THROUGH THE LUPUS
RESEARCH ENHANCEMENT PROGRAM ADVISORY COUNCIL AND FOR THE EXPENSES OF
THE LUPUS RESEARCH ENHANCEMENT PROGRAM ADVISORY COUNCIL, AND SHALL BE
EXPENDED ONLY FOR THE PURPOSES SPELLED OUT IN SECTIONS TWO HUNDRED
FIFTY-SIX-C AND TWO HUNDRED FIFTY-SIX-D OF THE PUBLIC HEALTH LAW.
4. MONEYS IN THE LUPUS RESEARCH ENHANCEMENT FUND SHALL BE KEPT SEPA-
RATE AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.
5. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH
DESIGNATED BY SUCH COMMISSIONER.
§ 13. Section 2805-x of the public health law, as added by section` 48
of part B of chapter 57 of the laws of 2015, is amended to read as
follows:
§ 2805-x. Hospital-home care-physician collaboration program. 1. The
purpose of this section shall be to facilitate innovation in hospital,
home care agency and physician collaboration in meeting the community's
health care needs. It shall provide a framework to support voluntary
initiatives in collaboration to improve patient care access and manage-
ment, patient health outcomes, cost-effectiveness in the use of health
care services and community population health. Such collaborative HOSPI-
TAL-HOME CARE-PHYSICIAN initiatives may also include payors, skilled
nursing facilities, EMERGENCY MEDICAL SERVICES and other interdiscipli-
nary providers, practitioners and service entities AS PART OF SUCH
HOSPITAL-HOME CARE-PHYSICIAN COLLABORATIVE.
2. For purposes of this section:
(a) "Hospital" shall include a general hospital as defined in this
article or other inpatient facility for rehabilitation or specialty care
within the definition of hospital in this article.
(b) "Home care agency" shall mean a certified home health agency, long
term home health care program or licensed home care services agency as
defined in article thirty-six of this chapter.
(c) "Payor" shall mean a health plan approved pursuant to article
forty-four of this chapter, or article thirty-two or forty-three of the
insurance law.
S. 2007--A 152
(d) "Practitioner" shall mean any of the health, mental health or
health related professions licensed pursuant to title eight of the
education law.
(E) "EMERGENCY MEDICAL SERVICES" (EMS) SHALL MEAN THE SERVICES OF AN
AMBULANCE SERVICE OR AN ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE
CERTIFIED UNDER ARTICLE THIRTY OF THIS CHAPTER STAFFED BY EMERGENCY
MEDICAL TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNICIANS TO PROVIDE
BASIC OR ADVANCE LIFE SUPPORT AND, FOR THE PURPOSES OF THE COMMUNITY
PARAMEDICINE COLLABORATION MODEL SET FORTH IN SUBDIVISION FOUR OF THIS
SECTION, ALSO TO PROVIDE SUCH SERVICES PURSUANT TO SUCH MODELS IN
CIRCUMSTANCES OTHER THAN THE INITIAL EMERGENCY MEDICAL CARE AND TRANS-
PORTATION OF SICK AND INJURED PERSONS.
3. The commissioner is authorized to provide financing including, but
not limited to, grants or positive adjustments in medical assistance
rates or premium payments, to the extent of funds available and allo-
cated or appropriated therefor, including funds provided to the state
through federal waivers, funds made available through state appropri-
ations and/or funding through section twenty-eight hundred seven-v of
this article, as well as waivers of regulations under title ten of the
New York codes, rules and regulations, to support the voluntary initi-
atives and objectives of this section. NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO LIMIT, OR TO IMPLY THE NEED FOR STATE APPROVAL OF, COLLABO-
RATIVE INITIATIVES ENUMERATED IN THIS SECTION WHICH ARE OTHERWISE
PERMISSIBLE UNDER LAW OR REGULATION, PROVIDED HOWEVER THAT THE APPROVAL
OF THE COMMISSIONER SHALL BE REQUIRED FOR EITHER STATE FUNDING OR REGU-
LATORY WAIVERS AS PROVIDED FOR UNDER THIS SECTION.
4. Hospital-home care-physician collaborative initiatives under this
section may include, but shall not be limited to:
(a) Hospital-home care-physician integration initiatives, including
but not limited to:
(i) transitions in care initiatives to help effectively transition
patients to post-acute care at home, coordinate follow-up care and
address issues critical to care plan success and readmission avoidance;
(ii) clinical pathways for specified conditions, guiding patients'
progress and outcome goals, as well as effective health services use;
(iii) application of telehealth/telemedicine services in monitoring
and managing patient conditions, and promoting self-care/management,
improved outcomes and effective services use;
(iv) facilitation of physician house calls to homebound patients
and/or to patients for whom such home visits are determined necessary
and effective for patient care management;
(v) additional models for prevention of avoidable hospital readmis-
sions and emergency room visits;
(vi) health home development;
(vii) development and demonstration of new models of integrated or
collaborative care and care management not otherwise achievable through
existing models; [and]
(viii) bundled payment demonstrations for hospital-to-post-acute-care
for specified conditions or categories of conditions, in particular,
conditions predisposed to high prevalence of readmission, including
those currently subject to federal/state penalty, and other discharges
with extensive post-acute needs; AND
(IX) MODELS OF COMMUNITY PARAMEDICINE, UNDER WHICH HOSPITALS, EMERGEN-
CY MEDICAL SERVICES WHO UTILIZE EMPLOYED OR VOLUNTEER EMERGENCY MEDICAL
TECHNICIANS OR ADVANCED EMERGENCY MEDICAL TECHNICIANS, PHYSICIANS AND
HOME CARE AGENCIES MAY DEVELOP AND IMPLEMENT A PLAN FOR THE COLLABORA-
S. 2007--A 153
TIVE PROVISION OF SERVICES IN COMMUNITY-SETTINGS. IN ADDITION TO EMER-
GENCY SERVICES PROVIDED UNDER ARTICLE THIRTY OF THIS CHAPTER, MODELS OF
COMMUNITY PARAMEDICINE MAY INCLUDE COLLABORATIVE SERVICES TO AT-RISK
INDIVIDUALS LIVING IN THE COMMUNITY TO PREVENT EMERGENCIES, AVOIDABLE
EMERGENCY ROOM NEED, AVOIDABLE TRANSPORT AND POTENTIALLY AVOIDABLE
HOSPITAL ADMISSIONS AND READMISSIONS; COMMUNITY PARAMEDICINE SERVICES TO
INDIVIDUALS WITH BEHAVIORAL HEALTH CONDITIONS, OR DEVELOPMENTAL OR
INTELLECTUAL DISABILITIES, SHALL FURTHER INCLUDE THE COLLABORATION OF
APPROPRIATE PROVIDERS OF BEHAVIORAL HEALTH SERVICES LICENSED OR CERTI-
FIED UNDER THE MENTAL HYGIENE LAW;
(b) Recruitment, training and retention of hospital/home care direct
care staff and physicians, in geographic or clinical areas of demon-
strated need. Such initiatives may include, but are not limited to, the
following activities:
(i) outreach and public education about the need and value of service
in health occupations;
(ii) training/continuing education and regulatory facilitation for
cross-training to maximize flexibility in the utilization of staff,
including:
(A) training of hospital nurses in home care;
(B) dual certified nurse aide/home health aide certification; [and]
(C) dual personal care aide/HHA certification; AND
(D) ORIENTATION AND/OR COLLABORATIVE TRAINING OF EMS, HOSPITAL, HOME
CARE, PHYSICIAN AND, AS NECESSARY, OTHER PARTICIPATING PROVIDER STAFF IN
COMMUNITY PARAMEDICINE;
(iii) salary/benefit enhancement;
(iv) career ladder development; and
(v) other incentives to practice in shortage areas; and
(c) Hospital - home care - physician collaboratives for the care and
management of special needs, high-risk and high-cost patients, including
but not limited to best practices, and training and education of direct
care practitioners and service employees.
5. Hospitals and home care agencies which are provided financing or
waivers pursuant to this section shall report to the commissioner on the
patient, service and cost experiences pursuant to this section, includ-
ing the extent to which the project goals are achieved. The commissioner
shall compile and make such reports available on the department's
website.
§ 14. The public health law is amended by adding a new section 3001-a
to read as follows:
§ 3001-A. COMMUNITY PARAMEDICINE SERVICES. NOTWITHSTANDING ANY INCON-
SISTENT PROVISION OF THIS ARTICLE, AN EMERGENCY MEDICAL TECHNICIAN OR
ADVANCED EMERGENCY MEDICAL TECHNICIAN IN COURSE OF HIS OR HER WORK AS AN
EMPLOYEE OR VOLUNTEER OF AN AMBULANCE SERVICE OR AN ADVANCED LIFE
SUPPORT FIRST RESPONSE SERVICE CERTIFIED UNDER THIS ARTICLE TO PROVIDE
EMERGENCY MEDICAL SERVICES MAY ALSO PARTICIPATE IN MODELS OF COMMUNITY
PARAMEDICINE PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-X OF THIS
CHAPTER.
§ 15. Subdivision 15 of section 3001 of the public health law, as
amended by chapter 445 of the laws of 1993, is amended to read as
follows:
15. "Medical control" means: (a) advice and direction provided by a
physician or under the direction of a physician to certified first
responders, emergency medical technicians or advanced emergency medical
technicians who are providing medical care at the scene of an emergency
or en route to a health care facility, OR IN COMMUNITY PARAMEDICINE
S. 2007--A 154
COLLABORATIVE INITIATIVE PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-X
OF THIS CHAPTER; and (b) indirect medical control including the written
policies, procedures, and protocols for prehospital emergency medical
care and transportation developed by the state emergency medical advi-
sory committee, approved by the state emergency medical services council
and the commissioner, and implemented by regional medical advisory
committees.
§ 16. Section 617 of the public health law, as amended by section 28
of part E of chapter 56 of the laws of 2013, is amended to read as
follows:
§ 617. Maintenance of effort. Such amount of state aid provided will
be used to support and to the extent practicable, to increase the level
of funds that would otherwise be made available for such purposes and
not to supplant the amount to be provided by the municipalities. If a
municipality that is provided state aid pursuant to title one of this
article reduces its expenditures beneath the amount expended in its base
year, which is the most recent fiscal year for which the municipality
has filed all expenditure reports to the department, state aid
reimbursement provided pursuant to subdivision one of section six
hundred five of this article will be reduced by the percentage reduction
in expenditures between its base year and its current fiscal year. For
purposes of this section, reductions in expenditures shall be adjusted
for: an absence of extraordinary expenditures of a temporary nature,
such as disaster relief; unavoidable or justifiable program reductions,
such as a program being subsumed by another agency; or in circumstances
where the municipality can demonstrate, to the department's satisfac-
tion, that the need for the expenditure no longer exists. MAINTENANCE OF
EFFORT SHALL BE BASED ON A MUNICIPALITY'S TOTAL ELIGIBLE EXPENDITURES IN
THE CURRENT FISCAL YEAR, AND SHALL NOT BE REQUIRED FOR EACH INDIVIDUAL
CORE SERVICE. REVIEW OF EXPENDITURES FOR PURPOSES OF MAINTENANCE OF
EFFORT REQUIREMENTS WILL OCCUR NO MORE THAN ONCE EACH FISCAL YEAR.
§ 17. This act shall take effect immediately; provided, however, that:
1. sections one, two, three and four of this act shall take effect on
the ninetieth day after it shall have become a law; and
2. sections five, six, seven, eight, nine and ten of this act shall
take effect April 1, 2018; provided that, effective immediately, the
commissioner of health shall make regulations and take other actions
reasonably necessary to implement such provisions on that date.
PART X
Section 1. This act shall be known and may be cited as the "clean
water act of 2017".
§ 2. Intentionally omitted.
§ 2-a. The clean water bond act of 2017 is enacted to read as follows:
CLEAN WATER BOND ACT OF 2017
Section 1. Short title.
2. Creation of a state debt.
3. Bonds of the state.
4. Use of the moneys received.
Section 1. Short title. This act shall be known and may be cited as
the "clean water bond act of 2017".
§ 2. Creation of a state debt. The creation of a state debt to an
amount not exceeding in the aggregate five billion dollars
($5,000,000,000), is hereby authorized to provide moneys for the single
purpose of preserving, enhancing, restoring and improving the quality of
S. 2007--A 155
the state's water by the accomplishment of projects and the funding of
activities by state agencies, public authorities and public benefit
corporations, municipalities, and other governmental entities and not-
for-profit corporations exclusively through the implementation of the
New York state regional water infrastructure improvement act of 2017.
Funds expended from moneys derived from the sale of bonds authorized
in section three of this act that are later recovered under a state or
federal superfund or through other means from polluters shall be repaid
to satisfy any state debt created pursuant to this act.
§ 3. Bonds of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state to the amount of five
billion dollars ($5,000,000,000), for the purpose of this act, subject
to the provisions of article 5 of the state finance law.
The aggregate principal amount of such bonds shall not exceed five
billion dollars ($5,000,000,000), excluding bonds issued to refund or
otherwise repay bonds theretofore issued for such purpose; provided,
however, that upon any such refunding or repayment the total aggregate
principal amount of outstanding bonds may be greater than five billion
dollars ($5,000,000,000), only if the present value of the aggregate
debt service of the refunding or repayment bonds to be issued shall not
exceed the present value of the aggregate debt service of the bonds to
be refunded or repaid. The method for calculating present value shall be
determined by law. Any funds expended from moneys derived from the sale
of bonds pursuant to this section that are subsequently recovered under
state or federal superfund or other methods from polluters shall be used
to repay the bonds.
§ 4. Use of the moneys received. The moneys received by the state from
the sale of bonds sold pursuant to this act shall be expended pursuant
to the New York state regional water infrastructure improvement act of
2017.
§ 3. The public health law is amended by adding a new section 1113 to
read as follows:
§ 1113. LEAD SERVICE LINE REPLACEMENT GRANT PROGRAM. NOTWITHSTANDING
SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW OR ANY INCON-
SISTENT PROVISION OF LAW TO THE CONTRARY, AND WITHIN AMOUNTS APPROPRI-
ATED THEREFOR, THE DEPARTMENT SHALL AWARD GRANTS TO MUNICIPALITIES WITH-
OUT A FORMAL COMPETITIVE PROCESS, FOR PURPOSES OF REPLACING LEAD SERVICE
LINES USED TO SUPPLY DRINKING WATER. WHEN DETERMINING WHICH MUNICI-
PALITIES SHALL RECEIVE AWARDS AND THE AMOUNT OF SUCH AWARDS, THE DEPART-
MENT SHALL CONSIDER FOR EACH MUNICIPALITY THE COST OF REPLACING LEAD
SERVICE LINES AND THE NUMBER OF PERSONS WHO RECEIVE DRINKING WATER FROM
SUCH SERVICE LINES, AND SHALL GIVE PRIORITY TO THOSE MUNICIPALITIES WITH
LOW-INCOME COMMUNITIES, ACCORDING TO A METHODOLOGY AS SHALL BE DETER-
MINED BY THE DEPARTMENT.
§ 4. Article 27 of the environmental conservation law is amended by
adding a new title 12 to read as follows:
TITLE 12
IMMEDIATE ABATEMENT, REMEDIATION AND INFRASTRUCTURE NEEDS
SECTION 27-1201. SOLID WASTE MANAGEMENT FACILITY AND DRINKING WATER
INVESTIGATION AND REMEDIATION.
27-1203. EMERGENCY INFRASTRUCTURE INVESTIGATION AND FINANCIAL
ASSISTANCE GRANT PROGRAM.
§ 27-1201. SOLID WASTE MANAGEMENT FACILITY AND DRINKING WATER INVESTI-
GATION AND REMEDIATION.
1. THE DEPARTMENT SHALL INVESTIGATE AN ACTIVE OR INACTIVE SOLID WASTE
MANAGEMENT FACILITY WHICH IS KNOWN OR SUSPECTED OF CONTRIBUTING TO A
S. 2007--A 156
SIGNIFICANT OR IMMINENT THREAT TO THE PUBLIC HEALTH OR WELFARE. AFTER
SUCH INVESTIGATION THE DEPARTMENT SHALL REMEDIATE ANY ACTIVE OR INACTIVE
SOLID WASTE MANAGEMENT FACILITY WHICH IS KNOWN TO CAUSE AN IMMINENT
THREAT TO THE PUBLIC HEALTH OR WELFARE. UP TO FOUR MILLION DOLLARS OVER
TWENTY-FOUR MONTHS FROM THE DATE OF INITIAL RESPONSE SHALL BE MADE
AVAILABLE FOR SUCH REMEDIATION PROJECTS. IF THE DEPARTMENT DETERMINES
THAT HAZARDOUS WASTES AT SUCH SITE CONSTITUTE A SIGNIFICANT THREAT TO
THE ENVIRONMENT PURSUANT TO SECTION 27-1313 OF THIS ARTICLE, THE COMMIS-
SIONER SHALL PURSUANT TO SUCH SECTION IMMEDIATELY REQUIRE THE DEVELOP-
MENT AND IMPLEMENTATION OF A DEPARTMENT-APPROVED INACTIVE HAZARDOUS
WASTE DISPOSAL SITE REMEDIAL PROGRAM.
2. THE DEPARTMENT SHALL INVESTIGATE ANY AREA OR STRUCTURE WHICH IS
KNOWN OR SUSPECTED OF CAUSING OR CONTRIBUTING TO AN EXCEEDANCE OF MAXI-
MUM CONTAMINANT LEVEL OR OTHER THRESHOLD LEVEL SET BY THE DEPARTMENT OF
HEALTH OR OTHERWISE RECOMMENDED BY THE DRINKING WATER QUALITY INSTITUTE,
AT A CURRENT SOURCE OF DRINKING WATER. AFTER SUCH INVESTIGATION, IF THE
DEPARTMENT, IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH, DETERMINES THE
AREA OR STRUCTURE IS CAUSING OR CONTRIBUTING TO AN EXCEEDANCE OF ANY
MAXIMUM CONTAMINANT LEVEL OR OTHER THRESHOLD LEVEL SET BY THE DEPARTMENT
OF HEALTH OR RECOMMENDED BY THE DRINKING WATER QUALITY INSTITUTE, THE
DEPARTMENT SHALL INSTITUTE REMEDIAL MEASURES WHICH MAY INCLUDE THE
INSTALLATION OF TREATMENT SYSTEMS, INCLUDING BUT NOT LIMITED TO INSTAL-
LATION OF ONSITE WATER SUPPLIES, OR THE PROVISION OF ALTERNATIVE WATER
SUPPLY SOURCES TO ENSURE THAT WATER MEETS APPLICABLE MAXIMUM CONTAMINANT
LEVELS OR OTHER THRESHOLD CONCENTRATIONS SET BY THE DEPARTMENT OF
HEALTH. UP TO FOUR MILLION DOLLARS OVER TWENTY-FOUR MONTHS FROM THE DATE
OF INITIAL RESPONSE SHALL BE MADE AVAILABLE FOR SUCH REMEDIATION
PROJECTS. IF THE DEPARTMENT DETERMINES HAZARDOUS WASTES AT SUCH SITE
CONSTITUTE A SIGNIFICANT THREAT TO THE ENVIRONMENT PURSUANT TO SECTION
27-1313 OF THIS ARTICLE, THE COMMISSIONER SHALL PURSUANT TO SUCH SECTION
IMMEDIATELY REQUIRE THE DEVELOPMENT AND IMPLEMENTATION OF A DEPARTMENT-
APPROVED INACTIVE HAZARDOUS WASTE DISPOSAL SITE REMEDIAL PROGRAM.
3. THE DEPARTMENT SHALL MAKE ALL REASONABLE EFFORTS TO RECOVER FROM A
RESPONSIBLE PERSON THE FULL AMOUNT OF ANY FUNDS EXPENDED FOR INVESTI-
GATION OR REMEDIATION UNDERTAKEN PURSUANT TO SUBDIVISION ONE OR TWO OF
THIS SECTION, PROVIDED HOWEVER THAT RECOVERY IS NOT AUTHORIZED FOR
INVESTIGATION OR REMEDIATION COSTS INCURRED PURSUANT TO SUBDIVISION ONE
OR TWO OF THIS SECTION WHERE SUCH INVESTIGATION DOES NOT REVEAL AN IMMI-
NENT THREAT TO PUBLIC HEALTH OR WELFARE, OR AN EXCEEDANCE OF ANY MAXIMUM
CONTAMINANT LEVEL OR OTHER THRESHOLD WARRANTING REMEDIATION. NOTHING IN
THIS SUBDIVISION SHALL LIMIT THE DEPARTMENT'S ABILITY TO RECOVER FROM A
RESPONSIBLE PERSON THE DEPARTMENT'S COSTS ASSOCIATED WITH INVESTIGATING
OR REMEDIATING AN INACTIVE HAZARDOUS WASTE DISPOSAL SITE PURSUANT TO
TITLE THIRTEEN OF THIS ARTICLE.
§ 27-1203. EMERGENCY INFRASTRUCTURE INVESTIGATION AND FINANCIAL ASSIST-
ANCE GRANT PROGRAM.
THE DEPARTMENT SHALL, WITHIN AMOUNTS APPROPRIATED THEREFOR, CREATE AN
EMERGENCY INFRASTRUCTURE INVESTIGATION AND FINANCIAL ASSISTANCE GRANT
PROGRAM. UPON A MUNICIPALITY'S REQUEST, THE DEPARTMENT SHALL INVESTIGATE
ANY SITUATION IN WHICH THE STATE OF THE MUNICIPALITY'S INFRASTRUCTURE IS
CAUSING OR MAY CAUSE AN IMMINENT THREAT TO THE PUBLIC HEALTH OR WELFARE,
OR THE ENVIRONMENT. AFTER SUCH INVESTIGATION, IF THE DEPARTMENT DETER-
MINES THE STATE OF THE INFRASTRUCTURE IS OR MAY RESULT IN HARM TO THE
PUBLIC HEALTH OR WELFARE, OR TO THE ENVIRONMENT, GRANTS OF UP TO ONE
HUNDRED PERCENT OF INFRASTRUCTURE CONSTRUCTION, UPDATING, REPLACEMENT,
OR REPAIR SHALL BE MADE FOR ANY INFRASTRUCTURE PROJECT THAT WILL ELIMI-
S. 2007--A 157
NATE OR SUBSTANTIALLY REDUCE SUCH HARM. NOTHING IN THIS SECTION SHALL
PROHIBIT A MUNICIPALITY FROM ELIGIBILITY FOR OTHER INFRASTRUCTURE FUND-
ING PROVIDED BY THE STATE.
§ 4-a. Subdivision 3 of section 27-1309 of the environmental conserva-
tion law, as amended by section 4 of part E of chapter 1 of the laws of
2003, is amended to read as follows:
3. Any duly designated officer or employee of the department, or of
any state agency, and any agent, consultant, contractor, or other
person, including an employee, agent, consultant, or contractor of a
responsible person acting at the direction of the department, so author-
ized in writing by the commissioner, may enter any inactive hazardous
waste disposal site OR AREA WHERE THE DISPOSAL OF WASTES MAY POSE AN
IMMINENT THREAT TO THE PUBLIC HEALTH OR ENVIRONMENT and areas near such
site and inspect and take samples of wastes, soils, 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.
§ 4-b. Sections four-b through four-f of this act shall be known and
may be cited as the "New York state regional water infrastructure
improvement act of 2017".
§ 4-c. For purposes of sections four-b through four-f of this act:
1. "water quality infrastructure project" shall mean "sewage treatment
works" as defined in section 17-1903 of the environmental conservation
law, "eligible project" as defined in paragraphs (a), (b), (c) and (e)
of subdivision 4 of section 1160 of the public health law, or "stormwa-
ter collecting system" as defined in subdivision 27 of section 56-0101
of the environmental conservation law.
2. "construction" shall mean:
(a) For sewage treatment works, the same meaning as defined in section
17-1903 of the environmental conservation law;
(b) For eligible projects, the same meaning as defined in section 1160
of the public health law; and
(c) For stormwater collecting systems the erection, building, acquisi-
tion, alteration, reconstruction, improvement or extension of such
systems; the inspection and supervision thereof; and the engineering,
architectural, legal, fiscal and economic investigations and studies,
surveys, designs, plans, working drawings, specifications, procedures,
and other actions necessary thereto.
3. "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.
4. "corporation" shall mean the environmental facilities corporation.
§ 4-d. 1. The corporation shall undertake and provide financial
assistance payments, from funds appropriated for such purpose, to muni-
cipalities in support of projects provided, however, in any such year
each municipal project shall be eligible to receive up to ten million
dollars of appropriated funds. Such state financial assistance payments
shall be awarded only to projects for:
S. 2007--A 158
(a) clean water through the protection of the state's watersheds and
natural resources; and drinking water supply protection, and water qual-
ity related research and development;
(b) for clean water infrastructure for water quality improvement
projects for repairing, replacing and updating and new construction of
New York state's municipal stormwater, wastewater and drinking water
infrastructures, updating and replacing septic systems or compliance
with environmental and public health laws and regulations related to
water quality; or
(c) The implementation of new filtration systems and water testing,
and other measures necessary for areas that suspect or know they have a
contamination issue and have not yet received superfund status.
2. Any state financial assistance payment awarded pursuant to this
subdivision shall not exceed ninety percent of the project cost, with
the exception of financial assistance payments awarded pursuant to
section four-f of this section.
3. 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.
4. 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.
5. An applicant shall have the option of including a project for which
the application is made under this act within the design, creation, or
implementation of a plan for municipal consolidation between the appli-
cant and one or more municipalities, provided, however that the corpo-
ration shall be prohibited from requiring any project be included in
such plan, requiring any project to include or establish such plan, or
otherwise giving preference to projects included in such plans as a
condition when awarding grants.
6. In awarding such state financial assistance payments, the corpo-
ration shall consider and give preference to municipalities that meet
the hardship criteria established by the 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 sections four-b through four-e of
this act, the hardship criteria of section 1285-m of the public authori-
ties law shall also apply to sewage treatment works defined in section
17-1903 of the environmental conservation law, and stormwater collecting
systems as defined in section four-c of this act. After the effective
date of this act, all previous applications submitted through the water
infrastructure improvement act of 2015 and not yet awarded shall be
deemed to have applied through this act.
§ 4-e. 1. The corporation shall, in cooperation with the commissioner
of environmental conservation, develop a program to encourage the updat-
ing, replacement, improvement and installation of new septic systems.
2. The program created pursuant to this section shall include rebates
for the updating, replacement, improvement and installation of new
septic systems.
3. Within one year of the effective date of this section, the corpo-
ration shall implement and administer this section including rules
relating to the forms required to claim a rebate, the required documen-
S. 2007--A 159
tation for establishing eligibility for a rebate, procedures and guide-
lines for claiming a rebate, and the collection of economic impact data
from applicants and any other requirements the corporation deems neces-
sary. The corporation shall determine and publish on its website on an
ongoing basis the amount of available funding for rebates remaining in
each fiscal year.
4. No later than April 1, 2019, and annually thereafter, the corpo-
ration shall issue a report to the temporary president of the senate,
the speaker of the assembly, the chair of the senate committee on envi-
ronmental conservation, the chair of the senate committee on health, the
chair of the assembly committee on environmental conservation, and the
chair of the assembly committee on health detailing the status of its
program to encourage the updating, replacement, and installation of new
septic systems. Such report shall include:
(a) the amount of funding dedicated by the environmental facilities
corporation for the program in the preceding year;
(b) the amount of eligible purchases for which a rebate was awarded;
(c) the amount and geographic distribution of rebates; and
(d) any other information the corporation deems necessary.
§ 4-f. The corporation shall undertake and provide state financial
assistance payments, from funds appropriated for such purpose, for other
water infrastructure improvement projects that do not satisfy or exceed
criteria established in section 4-d of this act but are in accordance
with a plan approved in memorandum of understanding executed by the
director of the budget, the speaker of the assembly, and the temporary
president of the senate.
§ 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-
vision 6 as amended by chapter 38 of the laws of 1985, are amended and a
new paragraph (k) is 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 resto-
ration project account", "hazardous waste cleanup account", [and] a
"hazardous waste remediation oversight and assistance account" AND A
"SOLID WASTE AND DRINKING WATER EMERGENCY ACTION 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)] (B) 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)] (C) all moneys paid into the fund pursuant to paragraph
(b) of subdivision one of section one hundred eighty-six of the naviga-
tion law which shall be deposited in the fund's industry fee transfer
account; [(f)] (D) all [monies] MONEYS recovered under sections 56-0503,
S. 2007--A 160
56-0505 and 56-0507 of the environmental conservation law into the
fund's environmental restoration project account; [(g)] (E) 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)] (F) 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; (G) ALL
MONEYS RECOVERED PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW INTO THE FUND'S SOLID WASTE AND DRINKING
WATER EMERGENCY ACTION ACCOUNT and [(i)] (H) other moneys credited or
transferred thereto from any other fund or source for deposit in the
fund's [site investigation and construction] HAZARDOUS WASTE CLEANUP
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[.]; AND
(K) WITH RESPECT TO MONEYS IN THE SOLID WASTE AND DRINKING WATER EMER-
GENCY ACTION ACCOUNT, WHEN ALLOCATED, SHALL BE AVAILABLE TO THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION TO UNDERTAKE INVESTIGATION AND/OR
REMEDIATION AS THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION MAY DETER-
MINE NECESSARY DUE TO ENVIRONMENTAL CONDITIONS RELATED TO A SOLID WASTE
SITE PURSUANT TO TITLE TWELVE OF ARTICLE TWENTY-SEVEN OF THE ENVIRON-
MENTAL CONSERVATION LAW WHICH INDICATES THAT CONDITIONS ON SUCH PROPERTY
ARE IMPAIRING DRINKING WATER QUALITY, GROUND WATER QUALITY OR CREATING
OTHER ENVIRONMENTAL CONTAMINATION AND TO ENSURE THE PROVISION OF SAFE
DRINKING WATER IN AREAS DETERMINED TO HAVE DRINKING WATER CONTAMINATION
BY THE DEPARTMENT OF HEALTH.
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 (K)
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. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Section 1285-q of the public authorities law, as added by section
6 of part I of chapter 1 of the laws of 2003, subdivisions 1 and 3 as
amended by section 43 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
S. 2007--A 161
§ 1285-q. Financing of hazardous waste site remediation AND SOLID
WASTE AND DRINKING WATER EMERGENCY ACTION SITE projects. In order to
effectuate the purposes of this title, the corporation shall have the
following additional special powers:
1. Subject to chapter fifty-nine of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of hazardous waste site remediation projects for payment of the
state's share of the costs of the remediation of hazardous waste sites
AND SOLID WASTE AND DRINKING WATER EMERGENCY ACTION SITES, in accordance
with [title] TITLES TWELVE AND thirteen of article twenty-seven of the
environmental conservation law and section ninety-seven-b of the state
finance law, and for payment of state costs associated with the remedi-
ation of offsite contamination at significant threat sites as provided
in section 27-1411 of the environmental conservation law, and beginning
in state fiscal year two thousand fifteen - two thousand sixteen for
environmental restoration projects pursuant to title five of article
fifty-six of the environmental conservation law provided that funding
for such projects shall not exceed ten percent of the funding appropri-
ated for the purposes of financing hazardous waste site remediation
projects, pursuant to [title] TITLES TWELVE AND thirteen of article
twenty-seven of the environmental conservation law in any state fiscal
year pursuant to capital appropriations made to the department of envi-
ronmental conservation, the director of the division of budget and the
corporation are each authorized to enter into one or more service
contracts, none of which shall exceed twenty years in duration, upon
such terms and conditions as the director and the corporation may agree,
so as to annually provide to the corporation in the aggregate, a sum not
to exceed the annual debt service payments and related expenses required
for any bonds and notes authorized pursuant to section twelve hundred
ninety of this title. Any service contract entered into pursuant to this
section shall provide that the obligation of the state to fund or to pay
the amounts therein provided for shall not constitute a debt of the
state within the meaning of any constitutional or statutory provision
and shall be deemed executory only to the extent of moneys available for
such purposes, subject to annual appropriation by the legislature. Any
such service contract or any payments made or to be made thereunder may
be assigned and pledged by the corporation as security for its bonds and
notes, as authorized pursuant to section twelve hundred ninety of this
title.
2. The comptroller is hereby authorized to receive from the corpo-
ration any portion of bond proceeds paid to provide funds for or reim-
burse the state for its costs associated with any hazardous waste site
remediation AND SOLID WASTE AND DRINKING WATER EMERGENCY ACTION projects
and to credit such amounts to the capital projects fund or any other
appropriate fund.
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation AND SOLID WASTE AND DRINKING
WATER EMERGENCY ACTION projects and environmental restoration projects
authorized by this section shall not exceed two billion two hundred
million dollars and shall not exceed one hundred million dollars for
appropriations enacted for any state fiscal year, provided that the
bonds not issued for such appropriations may be issued pursuant to reap-
propriation in subsequent fiscal years. No bonds shall be issued for the
repayment of any new appropriation enacted after March thirty-first, two
thousand twenty-six for hazardous waste site remediation projects
S. 2007--A 162
authorized by this section. Amounts authorized to be issued by this
section shall be exclusive of bonds issued to fund any debt service
reserve funds, pay costs of issuance of such bonds, and bonds or notes
issued to refund or otherwise repay bonds or notes previously issued.
Such bonds and notes of the corporation shall not be a debt of the
state, and the state shall not be liable thereon, nor shall they be
payable out of any funds other than those appropriated by this state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision one of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 9. Subdivision 9 of section 97-b of the state finance law is
REPEALED.
§ 10. Subdivision 4 of section 52-0303 of the environmental conserva-
tion law, as added by chapter 512 of the laws of 1986, is amended to
read as follows:
4. A provision that in the event that any federal payments and respon-
sible party payments become available which were not included in the
calculation of the state share pursuant to subdivision two of this
section, the amount of the state share shall be recalculated accordingly
and the municipality shall pay to the state for deposit in the [design
and construction] HAZARDOUS WASTE CLEANUP account of the hazardous waste
remedial fund established under section ninety-seven-b of the state
finance law the amount by which the state payment actually made exceeds
the recalculated state share.
§ 11. The opening paragraph, and paragraphs i and j of subdivision 4
of section 27-1305 of the environmental conservation law, as amended by
section 3 of part E of chapter 1 of the laws of 2003, are amended to
read as follows:
On or before July first, nineteen hundred eighty-six and July first of
each succeeding year, the department shall prepare a status report on
the implementation of the plan, and an update of the policies, program
objectives, methods and strategies as outlined in the plan which guide
the overall inactive hazardous waste site remediation program AND SOLID
WASTE SITE AND DRINKING WATER EMERGENCY ACTION INVESTIGATION AND REMEDI-
ATION PROGRAMS. Such status report shall reflect information available
to the department as of March thirty-first of each year, and shall
include an accounting of all [monies] MONEYS expended or encumbered from
the environmental quality bond act of nineteen hundred eighty-six or the
hazardous waste remedial fund during the preceding fiscal year, such
accounting to separately list:
i. [monies] MONEYS expended or encumbered in stand-by contracts
entered into pursuant to section 3-0309 of this chapter and the purposes
for which these stand-by contracts were entered into; [and]
j. MONEYS EXPENDED OR ENCUMBERED PURSUANT TO TITLE TWELVE OF THIS
ARTICLE; AND
K. an accounting of payments received and payments obligated to be
received pursuant to this title AND TITLE TWELVE OF THIS ARTICLE, and a
report of the department's attempts to secure such obligations.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. The section heading and subdivision 1 of section 27-1316 of the
environmental conservation law, as added by section 8 of part E of chap-
ter 1 of the laws of 2003, are amended to read as follows:
[Citizen technical] TECHNICAL assistance grants.
S. 2007--A 163
1. The commissioner is authorized to provide, or order a person acting
under order or on consent, to provide grants to any ELIGIBLE MUNICI-
PALITY OR not-for-profit corporation exempt from taxation under section
501(c)(3) of the internal revenue code who may be affected by an inac-
tive hazardous waste disposal site remedial program. To qualify to
receive such assistance, a community group must demonstrate that its
membership represents the interests of the community affected by such
site, and that members', OR IN THE CASE OF A MUNICIPALITY ITS RESIDENTS,
health, economic well-being or enjoyment of the environment are poten-
tially affected by such site. AN ELIGIBLE MUNICIPALITY SHALL BE A COUN-
TY, CITY, TOWN, VILLAGE, OR INDIAN TRIBE OR NATION RESIDING WITHIN NEW
YORK STATE, WITH A POPULATION OF TEN THOUSAND OR LESS, PROVIDED, HOWEV-
ER, THAT THE DEPARTMENT MAY MAKE A MUNICIPALITY ELIGIBLE IF IT DETER-
MINES THAT A MUNICIPALITY IS A HARDSHIP COMMUNITY. A MUNICIPALITY SHALL
NOT BE ELIGIBLE FOR A GRANT FOR ANY SITE WHICH IS OWNED OR HAS BEEN
OPERATED BY SUCH MUNICIPALITY. Such grants shall be known as technical
assistance grants and may be used to obtain technical assistance in
interpreting information with regard to the nature of the hazard posed
by hazardous waste located at or emanating from an inactive hazardous
waste disposal site or sites and the development and implementation of
an inactive hazardous waste disposal site remedial program or programs.
Such grants may also be used:
(a) to advise affected residents on any health assessment; and
(b) for training funds for the education of interested affected commu-
nity members OR MUNICIPALITY to enable them to more effectively partic-
ipate in the remedy selection process.
Grants awarded under this section may not be used for the purposes of
collecting field sampling data, political activity or lobbying legisla-
tive bodies.
§ 15. Subdivision 1 of section 27-1321 of the environmental conserva-
tion law, as amended by section 22 of part G of chapter 58 of the laws
of 2012, is amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, any
person who is, by professional training or experience and attainment,
qualified to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport of hazardous materials or hazardous
wastes, and who voluntarily and without expectation of monetary compen-
sation provides assistance or advice in mitigating the effects of an
accidental or threatened discharge of any hazardous materials or hazard-
ous wastes, or in preventing, cleaning up, or disposing of any such
discharge, shall not be subject to a penalty or to civil liability for
damages or injuries alleged to have been sustained by any person or
entity by reason of an act or omission in the giving of such assistance
or advice. For the purposes of this section, the term "hazardous materi-
als" shall have the same meaning as that term is defined in regulations
promulgated by the commissioner of transportation pursuant to section
fourteen-f of the transportation law, and the term "hazardous wastes"
shall mean those wastes identified or listed pursuant to SUBDIVISION ONE
OF section [27-0903] 27-1301 of this article and any rules and regu-
lations promulgated thereunder.
§ 16. Intentionally omitted.
§ 17. Paragraph a of subdivision 1 of section 71-2725 of the environ-
mental conservation law is REPEALED.
§ 18. Intentionally omitted.
§ 18-a. Concentrated animal feeding operations assistance program.
Notwithstanding any provision of law to the contrary, and within amounts
S. 2007--A 164
appropriated therefor, the department shall provide financial assistance
to soil and water conservation districts for the reimbursement of costs
for the construction of manure storage facilities for farms or other
entities designated as concentrated animal feeding operations for the
purpose of being in compliance with federal and state environmental
regulations.
§ 19. Section 15-1303 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
7. ESTABLISH, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, AN
ONLINE TRACKING AND MAPPING SYSTEM FOR NEW YORK WATER, WHICH SHALL
INCLUDE BUT NOT BE LIMITED TO, TWO SEPARATE DATABASES: ONE TO TRACK BOTH
FEDERALLY REGULATED CONTAMINANTS AND EMERGING CONTAMINANTS AS DEFINED BY
PARAGRAPH (A) OF SUBDIVISION 2 OF SECTION 1112 OF THE PUBLIC HEALTH LAW,
WHERE THEY HAVE BEEN DETECTED AND AT WHAT LEVELS, AND ANOTHER TO TRACK
REMEDIATION AND INFRASTRUCTURE NEEDS, PROJECTS PAST AND PRESENT AND
AREAS WITH ONGOING WATER ISSUES. THE COMMISSIONER SHALL ALSO INCLUDE
INFORMATION RECOMMENDED BY THE DRINKING WATER QUALITY INSTITUTE ESTAB-
LISHED UNDER SECTION 267 OF THE PUBLIC HEALTH LAW WITHIN THE TRACKING
AND MAPPING SYSTEM AND SHALL REPORT ANNUALLY TO SUCH INSTITUTE, BEGIN-
NING NO LATER THAN APRIL FIRST, TWO THOUSAND EIGHTEEN.
§ 20. 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.
§ 21. This act shall take effect immediately; provided, however, that:
(a) section two-a of this act shall not take effect unless and until
it shall have been submitted to the people at the general election to be
held in November 2018, and shall have received a majority of all votes
cast for and against it at such election. Upon approval by the people,
section two-a of this act shall take effect immediately.
The ballots to be furnished for the use of voters upon submission of
section two-a of this act shall be in the form prescribed by the
election law and the proposition or question to be submitted shall be
printed thereon in substantially the following form, namely, "Shall
section 2-a of part X of chapter (here insert the number of the chapter)
of the laws of 2017, known as the clean water bond act of 2017, author-
izing the creation of a state debt in the amount of five billion dollars
($5,000,000,000), to provide moneys exclusively for the implementation
of the New York state regional water infrastructure improvement act of
2017 be approved?"; and
(b) sections four-b, four-c, four-d, four-e and four-f of this act
shall take effect April 1, 2017.
§ 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 X of this act shall be
as specifically set forth in the last section of such Parts.