S T A T E O F N E W Y O R K
________________________________________________________________________
8093--A
Cal. No. 983
I N S E N A T E
March 28, 2018
___________
Introduced by Sen. HANNON -- (at request of the Department of Health) --
read twice and ordered printed, and when printed to be committed to
the Committee on Health -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend chapter 426 of the laws of 1983, amending the public
health law relating to professional misconduct proceedings, in
relation to the effectiveness of certain provisions thereof; to amend
chapter 582 of the laws of 1984, amending the public health law relat-
ing to regulating activities of physicians, in relation to the effec-
tiveness of certain provisions thereof; to amend the public health
law, in relation to extending the demonstration period in certain
physician committees; to amend chapter 57 of the laws of 2015, amend-
ing the social services law and other laws relating to energy audits
and/or disaster preparedness reviews of residential healthcare facili-
ties by the commissioner, in relation to the effectiveness of certain
provisions thereof; to amend chapter 81 of the laws of 1995, amending
the public health law and other laws relating to medical reimbursement
and welfare reform, in relation to extending the effectiveness of
certain provisions thereof; and to amend chapter 60 of the laws of
2014, amending the social services law relating to eliminating pres-
criber prevails for brand name drugs with generic equivalents, in
relation to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5 of chapter 426 of the laws of 1983, amending the
public health law relating to professional misconduct proceedings, as
amended by section 22 of part B of chapter 56 of the laws of 2013, is
amended to read as follows:
§ 5. This act shall take effect June 1, 1983 and shall remain in full
force and effect until [March 31, 2018] JULY 1, 2023.
§ 2. Section 5 of chapter 582 of the laws of 1984, amending the public
health law relating to regulating activities of physicians, as amended
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14386-02-8
S. 8093--A 2
by section 23 of part B of chapter 56 of the laws of 2013, is amended to
read as follows:
§ 5. This act shall take effect immediately, provided however that the
provisions of this act shall remain in full force and effect until
[March 31, 2018] JULY 1, 2023 at which time the provisions of this act
shall be deemed to be repealed.
§ 3. Subparagraph (ii) of paragraph (c) of subdivision 11 of section
230 of the public health law, as amended by section 5-c of part T of a
chapter of the laws of 2018, amending the public health law relating to
participation and membership in a demonstration period as proposed in
legislative bill numbers S. 7507-C and A. 9507-C, is amended to read as
follows:
(ii) Participation and membership during a three year demonstration
period in a physician committee of the Medical Society of the State of
New York or the New York State Osteopathic Society whose purpose is to
confront and refer to treatment physicians who are thought to be suffer-
ing from alcoholism, drug abuse, or mental illness. Such demonstration
period shall commence on April first, nineteen hundred eighty and termi-
nate on May thirty-first, nineteen hundred eighty-three. An additional
demonstration period shall commence on June first, nineteen hundred
eighty-three and terminate on March thirty-first, nineteen hundred
eighty-six. An additional demonstration period shall commence on April
first, nineteen hundred eighty-six and terminate on March thirty-first,
nineteen hundred eighty-nine. An additional demonstration period shall
commence April first, nineteen hundred eighty-nine and terminate March
thirty-first, nineteen hundred ninety-two. An additional demonstration
period shall commence April first, nineteen hundred ninety-two and
terminate March thirty-first, nineteen hundred ninety-five. An addi-
tional demonstration period shall commence on April first, nineteen
hundred ninety-five and terminate on March thirty-first, nineteen
hundred ninety-eight. An additional demonstration period shall commence
on April first, nineteen hundred ninety-eight and terminate on March
thirty-first, two thousand three. An additional demonstration period
shall commence on April first, two thousand three and terminate on March
thirty-first, two thousand thirteen. An additional demonstration period
shall commence April first, two thousand thirteen and terminate on March
thirty-first, two thousand eighteen. An additional demonstration period
shall commence April first, two thousand eighteen and terminate on
[March thirty-first] JULY FIRST, two thousand twenty-three provided,
however, that the commissioner may prescribe requirements for the
continuation of such demonstration program, including periodic reviews
of such programs and submission of any reports and data necessary to
permit such reviews. During these additional periods, the provisions of
this subparagraph shall also apply to a physician committee of a county
medical society.
§ 4. Subdivision 5 of section 60 of part B of chapter 57 of the laws
of 2015, amending the social services law and other laws relating to
energy audits and/or disaster preparedness reviews of residential
healthcare facilities by the commissioner, is amended to read as
follows:
5. section thirty-eight of this act shall expire and be deemed
repealed [March 31, 2018] JULY 1, 2021;
§ 5. Subdivision 12 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by chapter 49 of the laws
of 2017, is amended to read as follows:
S. 8093--A 3
12. Sections one hundred five-b through one hundred five-f of this act
shall expire June 30, [2018] 2019.
§ 6. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
of 2014, amending the social services law relating to eliminating pres-
criber prevails for brand name drugs with generic equivalent, as amended
by section 2 of part I of chapter 57 of the laws of 2017, is amended to
read as follows:
4-a. section twenty-two of this act shall take effect April 1, 2014,
and shall be deemed expired January 1, [2019] 2021;
§ 7. This act shall take effect immediately; provided however, that
sections one, two and four of this act shall be deemed to have been in
full force and effect on and after March 31, 2018; and provided further,
that section three of this act shall take effect on the same date and in
the same manner as a chapter of the laws of 2018, amending the public
health law relating to participation and membership in a demonstration
period as proposed in legislative bill numbers S. 7507-C and A. 9507-C,
takes effect.
