S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2797
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced by M. of A. GOTTFRIED, L. ROSENTHAL, JAFFEE, STECK, D'URSO --
   Multi-Sponsored  by  --  M.  of A. ABINANTI, CARROLL, COOK, GUNTHER --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to managed long  term
   care  plans not being controlled or owned by for-profit health mainte-
   nance organizations or insurers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of subdivision 1 of section 4403-f of the
 public health law, as added by chapter 659  of  the  laws  of  1997,  is
 amended to read as follows:
   (b) "Eligible applicant" means an entity controlled or wholly owned by
 one  or  more of the following: a hospital as defined in subdivision one
 of section twenty-eight hundred one of this chapter; a home care  agency
 licensed  or  certified  pursuant to article thirty-six of this chapter;
 [an] A NOT-FOR-PROFIT entity that has received a certificate of authori-
 ty pursuant to sections forty-four  hundred  three,  forty-four  hundred
 three-a or AN INTEGRATED DELIVERY SYSTEM THAT HAS RECEIVED A CERTIFICATE
 OF  AUTHORITY  PURSUANT  TO  SECTION  forty-four hundred eight-a of this
 article (as added by chapter six hundred  thirty-nine  of  the  laws  of
 nineteen  hundred  ninety-six),  or  a NOT-FOR-PROFIT health maintenance
 organization authorized under article forty-three of the insurance  law;
 or  a  not-for-profit  organization  which has a history of providing or
 coordinating health care services and long term  care  services  to  the
 elderly  and  disabled.    HOWEVER,  AN ENTITY OWNED OR CONTROLLED BY AN
 ENTITY THAT HAS RECEIVED A CERTIFICATE OF AUTHORITY PURSUANT TO  SECTION
 FORTY-FOUR  HUNDRED  THREE OR FORTY-FOUR HUNDRED THREE-A OF THIS ARTICLE
 AND HAS RECEIVED A CERTIFICATE OF AUTHORITY UNDER THIS SECTION PRIOR  TO
 THE  EFFECTIVE  DATE  OF  A CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN
 WHICH ENACTED THIS SENTENCE SHALL BE DEEMED TO BE AN ELIGIBLE APPLICANT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03357-01-9
              

 A. 2797                             2
 
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  section  4403-f  of  the  public health law made by
 section one of this act shall not affect the repeal of such section  and
 shall be deemed repealed therewith.