[ ] is old law to be omitted.
LBD12672-03-0
S. 7506--B 2 A. 9506--B
tional appointment of school district, charter school or BOCES employ-
ees, in relation to the effectiveness thereof; to amend chapter 425 of
the laws of 2002, amending the education law relating to the provision
of supplemental educational services, attendance at a safe public
school and the suspension of pupils who bring a firearm to or possess
a firearm at a school, in relation to the effectiveness thereof; to
amend chapter 101 of the laws of 2003, amending the education law
relating to implementation of the No Child Left Behind Act of 2001, in
relation to the effectiveness thereof; to amend part C of chapter 57
of the laws of 2004, relating to the support of education, in relation
to the effectiveness thereof; relates to school bus driver training;
relates to special apportionment for salary expenses and public
pension accruals; relates to authorizing the city school district of
the city of Rochester to purchase certain services; relates to subal-
locations of appropriations; to amend chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds; in relation to
certain apportionments; to amend chapter 89 of the laws of 2016 relat-
ing to supplementary funding for dedicated programs for public school
students in the East Ramapo central school district, in relation to
the effectiveness thereof; to amend chapter 18 of the laws of 2020,
authorizing deficit financing and an advance of aid payments for the
Wyandanch union free school district, in relation to the issuance of
serial bonds; and relates to the support of public libraries (Part A);
to amend the education law, in relation to establishing the Syracuse
Comprehensive Education and Workforce Training Center focusing on
Science, Technology, Engineering, Arts, and Math to provide instruc-
tion to students in the Onondaga, Cortland and Madison county BOCES
and the central New York region in the areas of science, technology,
engineering, arts and mathematics (Part B); directing the commissioner
of education to appoint a monitor for the Rochester city school
district, establishing the powers and duties of such monitor and
certain other officers and relating to the apportionment of aid to
such school district; and providing for the repeal of certain
provisions upon the expiration thereof (Part C); to amend the educa-
tion law, in relation to predictable tuition allowing annual tuition
increase for certain SUNY schools (Part D); intentionally omitted
(Part E); intentionally omitted (Part F); intentionally omitted (Part
G); to utilize reserves in the mortgage insurance fund for various
housing purposes (Part H); to amend the emergency tenant protection
act of nineteen seventy-four, in relation to authorizing a payment
offset for rent administration costs (Part I); to amend the labor law,
in relation to requirements for sick leave (Part J); to amend the
social services law, in relation to increasing the standards of month-
ly need for aged, blind and disabled persons living in the community
(Part K); to amend the family court act, in relation to judgments of
parentage of children conceived through assisted reproduction or
pursuant to surrogacy agreements; to amend the domestic relations law,
in relation to restricting genetic surrogate parenting contracts; to
amend the public health law, in relation to voluntary acknowledgments
of parentage, gestational surrogacy and regulations concerning ova
donation; to amend the general business law, the estates, powers and
trusts law, the social services law and the insurance law, in relation
to the regulation of surrogacy programs; to amend the estates powers
and trusts law, in relation to inheritance by children after the death
of an intended parent; and to repeal section 73 of the domestic
S. 7506--B 3 A. 9506--B
relations law, relating to legitimacy of children born by artificial
insemination (Part L); intentionally omitted (Part M); to amend the
social services law, in relation to restructuring financing for resi-
dential school placements; to repeal certain provisions of the educa-
tion law relating thereto; and providing for the repeal of such
provisions upon expiration thereof (Part N); intentionally omitted
(Part O); to amend the education law, in relation to establishing the
curing Alzheimer's health consortium (Part P); to amend the education
law, in relation to the foster youth college success initiative (Part
Q); to amend the social services law, in relation to the standard of
proof for unfounded and indicated reports of child abuse and maltreat-
ment; and to amend the family court act, in relation to the admissi-
bility of reports of child abuse and maltreatment (Part R); to amend
the private housing finance law, in relation to increasing the annual
amount of loans made to an agricultural producer from the housing
development fund (Part S); to amend the private housing finance law,
in relation to increasing the bonding authority of the New York city
housing development corporation (Part T); to amend the local emergency
housing rent control act, in relation to the date when the local
legislative body of a city having a population of one million or more
may determine the continuation of the emergency (Part U); to amend the
social services law and the vehicle and traffic law, in relation to
photo identification cards (Part V); to amend the tax law, in relation
to state support for the local enforcement of past-due property taxes
(Part W); and to amend the tax law, in relation to the employer
compensation expense tax (Part X); to amend the New York Health Care
Reform Act of 1996, in relation to extending certain provisions relat-
ing thereto; to amend the public health law, in relation to health
care initiative pool distributions; 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 and the state
financial law in relation to eliminating programs that do not support
the department of health's core mission; to amend the public health
law, in relation to payments for uncompensated care to certain volun-
tary non-profit diagnostic and treatment centers; to amend the public
health law, in relation to the distribution pool allocations and grad-
uate medical education; to amend the public health law, in relation to
the assessments on covered lives; to amend the public health law, in
relation to tobacco control and insurance initiatives pool distrib-
utions; 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 extending the effective-
ness of certain provisions thereof; to amend chapter 62 of the laws of
2003 amending the general business law and other laws relating to
enacting major components necessary to implement the state fiscal plan
for the 2003-04 state fiscal year, in relation to the deposit of
certain funds; to amend the social services law, in relation to
extending payment provisions for general hospitals; to amend the
public health law, in relation to extending payment provisions for
certain medical assistance rates for certified home health agencies;
to amend the social services law, in relation to extending payment
provisions for certain personal care services medical assistance
rates; to amend chapter 517 of the laws of 2016 amending the public
health law relating to payments from the New York state medical indem-
nity fund, in relation to the effectiveness thereof; and to repeal
certain provisions of the public health law relating to funding for
S. 7506--B 4 A. 9506--B
certain programs (Part Y); to amend the social services law, in
relation to limiting the availability of enhanced quality of adult
living program ("EQUAL") grants (Part Z); to amend the state finance
law, in relation to transferring responsibility for the autism aware-
ness and research fund to the office for people with developmental
disabilities; to amend the mental hygiene law, the insurance law and
the labor law, in relation to transferring responsibility for the
comprehensive care centers for eating disorders to the office of
mental health; and to repeal certain provisions of the public health
law relating to funding for certain programs (Part AA); to amend chap-
ter 59 of the laws of 2016 amending the public health law and other
laws relating to electronic prescriptions, 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; to amend chapter 58 of the laws of 2008, amending
the elder law and other laws relating to reimbursement to participat-
ing provider pharmacies and prescription drug coverage, in relation to
extending the expiration of certain provisions thereof; to amend the
public health law, in relation to issuance of certificates of authori-
ty to accountable care organizations; to amend chapter 59 of the laws
of 2016, amending the social services law and other laws relating to
authorizing the commissioner of health to apply federally established
consumer price index penalties for generic drugs, and authorizing the
commissioner of health to impose penalties on managed care plans for
reporting late or incorrect encounter data, in relation to the effec-
tiveness of certain provisions of such chapter; to amend part B of
chapter 57 of the laws of 2015, amending the social services law and
other laws relating to supplemental rebates, in relation to the effec-
tiveness thereof; to amend chapter 57 of the laws of 2019, amending
the public health law relating to waiver of certain regulations, in
relation to the effectiveness thereof; 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 extending
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; to amend
chapter 58 of the laws of 2008, amending the social services law and
the public health law relating to adjustments of rates, in relation to
extending the date of the expiration of certain provisions thereof; to
amend chapter 495 of the laws of 2004, amending the insurance law and
the public health law relating to the New York state health insurance
S. 7506--B 5 A. 9506--B
continuation assistance demonstration project, in relation to the
effectiveness thereof; to amend chapter 563 of the laws of 2008,
amending the education law and the public health law relating to
immunizing agents to be administered to adults by pharmacists, in
relation to the effectiveness thereof; to amend chapter 116 of the
laws of 2012, amending the education law relating to authorizing a
licensed pharmacist and certified nurse practitioner to administer
certain immunizing agents, in relation to the effectiveness thereof;
and to amend chapter 21 of the laws of 2011, amending the education
law relating to authorizing pharmacists to perform collaborative drug
therapy management with physicians in certain settings, in relation to
the effectiveness thereof (Part BB); to amend the public health law,
in relation to the state's schedules of controlled substances (Part
CC); to amend the public health law and the labor law, in relation to
the state's modernization of environmental health fee (Part DD); to
amend the public health law, the tax law and the general business law,
in relation to the sale of tobacco products and vapor products (Part
EE); to amend the public health law, in relation to the renaming of
the Physically Handicapped Children's Program (Part FF); to amend the
social services law and the public health law, in relation to creating
a single preferred-drug list for medication assisted treatment; to
amend chapter 57 of the laws of 2015, amending the social services law
and other laws relating to supplemental rebates, in relation to the
effectiveness thereof; to amend chapter 165 of the laws of 1991,
amending the public health law and other laws relating to establishing
payments for medical assistance, in relation to the effectiveness
thereof; to amend chapter 710 of the laws of 1988, amending the social
services law and the education law relating to medical assistance
eligibility of certain persons and providing for managed medical care
demonstration programs, in relation to the effectiveness thereof; and
providing for the repeal of certain provisions upon expiration thereof
(Part GG); to amend the public health law, in relation to expanding
telehealth services (Part HH); to establish a pilot program for the
purposes of promoting social determinant of health interventions (Part
II); to provide for the administration of certain funds and accounts
related to the 2020-2021 budget, authorizing certain payments and
transfers; to amend the state finance law, in relation to the adminis-
tration of certain funds and accounts; to amend part D of chapter 389
of the laws of 1997 relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of certain bonds or notes; to amend part Y
of chapter 61 of the laws of 2005, relating to providing for the
administration of certain funds and accounts related to the 2005-2006
budget, in relation to the issuance of certain bonds or notes; to
amend the public authorities law, in relation to the issuance of
certain bonds or notes; to amend part K of chapter 81 of the laws of
2002, relating to providing for the administration of certain funds
and accounts related to the 2002-2003 budget, in relation to the issu-
ance of certain bonds or notes; to amend the New York state medical
care facilities finance agency act, in relation to the issuance of
certain bonds or notes; to amend the New York state urban development
corporation act, in relation to the issuance of certain bonds or
notes; to amend chapter 329 of the laws of 1991, amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund, in relation to the issuance of
certain bonds or notes; to amend the public authorities law, in
S. 7506--B 6 A. 9506--B
relation to the issuance of certain bonds or notes; to amend the New
York state urban development corporation act, in relation to the issu-
ance of certain bonds or notes; to amend the private housing finance
law, in relation to housing program bonds and notes; to amend the New
York state urban development corporation act, in relation to authoriz-
ing the dormitory authority of the state of New York and the urban
development corporation to enter into line of credit facilities, and
in relation to state-supported debt issued during the 2021 fiscal
year; to amend the state finance law, in relation to payments of
bonds; to amend the civil practice law and rules, in relation to an
action related to a bond; to amend the state finance law, in relation
to establishing the public health emergency charitable gifts trust
fund; and providing for the repeal of certain provisions upon expira-
tion thereof (Part JJ); to amend the public health law, in relation to
the designation of statewide general hospital quality and sole commu-
nity pools and the reduction of capital related inpatient expenses; to
repeal certain provisions of such law relating thereto; and providing
for the repeal of certain provisions upon expiration thereof (Part
KK); to amend the social services law, in relation to reimbursement of
transportation costs; to supplemental transportation payments; to
reimbursement of emergency transportation services; to manage Medicaid
transportation services using the contracted transportation managers
for transportation provided to enrollees of managed long term care
plans; to transition to a Medicaid transportation broker; and to
reimbursement of emergency medical transportation (Part LL); to amend
the social services law, in relation to changing the authorization
requirements for personal care services; to amend the public health
law, in relation to integrated medicaid managed care products for
dual-eligibles; in relation to licensed home care service agency
contracting; to amend chapter 60 of the laws of 2014, amending the
social services law relating to fair hearings within the Fully Inte-
grated Duals Advantage program, in relation to the effectiveness ther-
eof; to amend the social services law, in relation to integrated fair
hearing and appeals processes; to amend the public health law, in
relation to the hospice worker recruitment and retention program; in
relation to licensed home care services agencies; to direct the
department of health to contract with an independent assessor to
conduct community health assessments; to amend part C of chapter 57 of
the laws of 2018, amending the social services law and the public
health law relating to health homes and penalties for managed care
providers, in relation to the effectiveness of certain contracts; to
amend the social services law, in relation to the medicaid eligibility
look-back period and to the community spouse resource amount; to amend
the public health law, in relation to authorizations for personal care
services; to direct the department of health to establish or procure
the services of an independent panel of clinical professionals and to
develop and implement a uniform task-based assessment tool; and in
relation to managed long term care plans program oversight and admin-
istration (Part MM); to amend the public health law, in relation to
discontinuing return of equity payments to for-profit nursing homes
(Part NN); to amend the public health law and the labor law, in
relation to wage parity enforcement (Part OO); to amend the social
services law, in relation to improving access to private duty nursing
services for medically fragile children, removing limitations on
alternative rehabilitative services and establishing pilot programs
promoting the use of alternative treatments for individuals suffering
S. 7506--B 7 A. 9506--B
from chronic lower back pain and diabetes and chronic disease self-
management (Part PP); to amend the social services law, the public
health law and the insurance law, in relation to managed care encount-
er data (Part QQ); to amend the general city law and the administra-
tive code of the city of New York, in relation to authorizing provid-
ing relocation and employment assistance credits (Part RR); to amend
the real property tax law and the administrative code of the city of
New York, in relation to abatement of tax payments for certain indus-
trial and commercial properties in a city of one million or more
persons (Part SS); to amend the election law, in relation to omitting
a candidate for the office of president of the United States from the
primary ballot (Part TT); to amend the criminal procedure law, the
judiciary law and the executive law, in relation to securing orders
and pretrial proceedings (Part UU); to amend the penal law, in
relation to transit crimes and prohibition orders relating to such
crimes (Part VV); to amend the Hudson river park act, in relation to
Pier 76 (Part WW); to amend the insurance law, in relation to
prescription drug pricing and creating a drug accountability board
(Part XX); to amend the financial services law and the insurance law,
in relation to claims payment timeframes and payment of interest,
payment and billing for out-of-network hospital emergency services,
claims payment performance and creation of a workgroup to study health
care administrative simplification; to amend the civil practice law
and rules, in relation to claims for medical debt; to amend the public
health law, the insurance law and the financial services law, in
relation to provisional credentialing of physicians and to amend the
insurance law and the public health law, in relation to preventing
recoupment of COVID-19 related inpatient and emergency services claims
(Part YY); to amend the tax law and the social services law, in
relation to certain Medicaid management; and providing for the repeal
of such provisions upon expiration thereof (Part ZZ); 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 extending the effectiveness of certain provisions ther-
eof; to amend part J of chapter 63 of the laws of 2001 amending chap-
ter 266 of the laws of 1986, amending the civil practice law and rules
and other laws relating to malpractice and professional medical
conduct, relating to the effectiveness of certain provisions of such
chapter, in relation to extending certain provisions concerning the
hospital excess liability pool; and to amend part H of chapter 57 of
the laws of 2017, amending the New York Health Care Reform Act of 1996
and other laws relating to extending certain provisions relating ther-
eto, in relation to extending provisions relating to excess coverage
(Part AAA); intentionally omitted (Part BBB); to amend part H of chap-
ter 59 of the laws of 2011, amending the public health law and other
laws relating to known and projected department of health state fund
Medicaid expenditures, in relation to extending the Medicaid global
cap (Part CCC); to amend the insurance law, in relation to capping
cost sharing for insulin (Part DDD); to amend the public authorities
law, in relation to the New York State Bridge Authority (Part EEE); to
amend the public health law, in relation to extending and enhancing
the Medicaid drug cap and to reduce unnecessary pharmacy benefit
manager costs to the Medicaid program; to direct the department of
health to remove the pharmacy benefit from the managed care benefit
package and to provide the pharmacy benefit under the fee for service
program; and to amend the public health law, in relation to partic-
S. 7506--B 8 A. 9506--B
ipation and membership in a demonstration period (Part FFF); to amend
the public health law, in relation to enacting the emergency or disas-
ter treatment protection act (Part GGG); to amend the criminal proce-
dure law and the judiciary law, in relation to automatic discovery
(Part HHH); to amend the local finance law, in relation to establish-
ing a period of probable usefulness for airport construction and
improvement of the Ithaca Tompkins International Airport (Part III);
to validate certain acts of the Mahopac Central school district with
regard to certain capital improvement projects (Part JJJ); to amend
the social services law, the public health law and the insurance law,
in relation to managed care encounter data, authorizing electronic
notifications, and establishing regional demonstration projects (Part
KKK); and to amend chapter 141 of the laws of 1994, amending the
legislative law and the state finance law relating to the operation
and administration of the legislature, in relation to extending such
provisions (Part LLL)
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 2020-2021
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through LLL. The effective date for each partic-
ular provision contained within such Part is set forth in the last
section of such Part. Any provision in any section contained within a
Part, including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
S. 7506--B 9 A. 9506--B
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
S. 7506--B 10 A. 9506--B
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; AND
PROVIDED FURTHER THAT, A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR
EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD
STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND
TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING
THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO
OF THIS SECTION, PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE
NOT LESS THAN THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT
FOR EXCELLENCE FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
YEAR. For purposes of this paragraph, the "gap elimination adjustment
percentage" shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for two
thousand ten--two thousand eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten, making appropriations for the
support of government, plus the school district's gap elimination
adjustment for two thousand eleven--two thousand twelve as computed
pursuant to chapter fifty-three of the laws of two thousand eleven,
making appropriations for the support of the local assistance budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance budget, including support for general support for public schools.
Provided, further, that such amount shall be expended to support and
maintain allowable programs and activities approved in the two thousand
nine--two thousand ten school year or to support new or expanded allow-
able programs and activities in the current year.
§ 2. Intentionally omitted.
§ 3. Intentionally omitted.
§ 4. Intentionally omitted.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Intentionally omitted.
§ 9. Intentionally omitted.
§ 10. Intentionally omitted.
§ 11. Intentionally omitted.
§ 12. Intentionally omitted.
§ 13. Intentionally omitted.
§ 14. Intentionally omitted.
S. 7506--B 11 A. 9506--B
§ 14-a. Subdivision 4 of section 3602 of the education law is amended
by adding a new paragraph h to read as follows:
H. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY--TWO THOU-
SAND TWENTY-ONE SCHOOL YEAR SHALL EQUAL THE APPORTIONMENT FOR FOUNDATION
AID IN THE BASE YEAR.
§ 14-b. Section 3602 of the education law is amended by adding a new
subdivision 19 to read as follows:
19. PANDEMIC ADJUSTMENT. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, THE COMMISSIONER SHALL REDUCE PAYMENTS DUE TO EACH
DISTRICT FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR PURSUANT TO SECTION THIRTY-SIX HUNDRED NINE-A OF THIS PART BY AN
AMOUNT EQUAL TO THE PANDEMIC ADJUSTMENT COMPUTED FOR SUCH DISTRICT, AND
PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE AMOUNT OF SUCH DEDUCTION
SHALL BE DEEMED TO HAVE BEEN PAID TO THE DISTRICT PURSUANT TO THIS
SECTION FOR THE SCHOOL YEAR IN WHICH SUCH DEDUCTION IS MADE. THE COMMIS-
SIONER SHALL COMPUTE SUCH PANDEMIC ADJUSTMENT IN EACH ELECTRONIC DATA
FILE PRODUCED PURSUANT TO SUBDIVISION TWENTY-ONE OF SECTION THREE
HUNDRED FIVE OF THIS CHAPTER, BASED ON THE FOLLOWING INFORMATION: (I)
NINETY-NINE AND ONE-HALF PERCENT OF THE FUNDS FROM THE ELEMENTARY AND
SECONDARY EMERGENCY RELIEF FUND THAT ARE AVAILABLE FOR SCHOOL DISTRICTS
PURSUANT TO THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT OF
2020, AND (II) THE GOVERNOR'S EMERGENCY RELIEF FUND PURSUANT TO SUCH
ACT, PROVIDED THAT A SCHEDULE OF SUCH AMOUNTS SHALL BE APPROVED BY THE
DIRECTOR OF THE BUDGET, AND PROVIDED FURTHER THE COMMISSIONER SHALL
PROVIDE A SCHEDULE OF SUCH PANDEMIC ADJUSTMENT TO THE STATE COMPTROLLER,
THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE,
AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
B. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
WHERE ADDITIONAL FEDERAL AND STATE REVENUES ARE APPORTIONED TO SCHOOL
DISTRICTS WITH A PANDEMIC ADJUSTMENT REDUCTION PURSUANT TO THIS SUBDIVI-
SION, SUCH ADDITIONAL FEDERAL AND STATE REVENUES SHALL BE APPORTIONED TO
SUCH SCHOOL DISTRICT IN AN AMOUNT EQUAL TO THE PANDEMIC ADJUSTMENT AS
COMPUTED HEREIN, UNLESS OTHERWISE SPECIFIED BY FEDERAL LAW.
§ 14-c. The closing paragraph of subdivision 5-a of section 3602 of
the education law, as amended by section 16 of part YYY of chapter 59 of
the laws of 2019, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[nineteen] TWENTY--two thousand [twenty] TWENTY-ONE school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
§ 14-d. Subdivision 12 of section 3602 of the education law, as
amended by section 17 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
S. 7506--B 12 A. 9506--B
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
For the two thousand nine--two thousand ten through two thousand four-
teen--two thousand fifteen school years, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
For the two thousand fifteen--two thousand sixteen year, each school
district shall be entitled to an apportionment equal to the amount set
forth for such school district as "ACADEMIC ENHANCEMENT" under the head-
ing "2014-15 ESTIMATED AIDS" in the school aid computer listing produced
by the commissioner in support of the budget for the two thousand four-
teen--two thousand fifteen school year and entitled "SA141-5", and such
apportionment shall be deemed to satisfy the state obligation to provide
an apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
For the two thousand sixteen--two thousand seventeen school year, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2015-16 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand fifteen--two thousand sixteen school year and entitled
"SA151-6", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
For the two thousand seventeen--two thousand eighteen school year,
each school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2016-17 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand sixteen--two thousand seventeen school year and entitled
"SA161-7", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
For the two thousand eighteen--two thousand nineteen school year, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2017-18 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand seventeen--two thousand eighteen school year and entitled
"SA171-8", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
S. 7506--B 13 A. 9506--B
For the two thousand nineteen--two thousand twenty school year, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "ACADEMIC ENHANCEMENT"
under the heading "2018-19 ESTIMATED AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand eighteen--two thousand nineteen school year and entitled
"SA181-9", and such apportionment shall be deemed to satisfy the state
obligation to provide an apportionment pursuant to subdivision eight of
section thirty-six hundred forty-one of this article.
FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, EACH
SCHOOL DISTRICT SHALL BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT"
UNDER THE HEADING "2019-20 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE
TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND ENTITLED
"SA192-0", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE
OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE.
§ 14-e. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 18 of part YYY of chapter 59 of the
laws of 2019, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [nineteen] TWENTY--two thousand [twenty] TWENTY-ONE school
years equal to the greater of (1) the amount set forth for such school
district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in
the school aid computer listing produced by the commissioner in support
of the budget for the two thousand nine--two thousand ten school year
and entitled "SA0910" or (2) the amount set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in support
of the executive budget for the 2013-14 fiscal year and entitled
"BT131-4".
§ 14-f. Subdivision 4 of section 3627 of the education law, as amended
by section 5-d of part YYY of chapter 59 of the laws of 2019, is amended
to read as follows:
4. Notwithstanding any other provision of law to the contrary, any
expenditures for transportation provided pursuant to this section in the
two thousand thirteen--two thousand fourteen school year and thereafter
S. 7506--B 14 A. 9506--B
and otherwise eligible for transportation aid pursuant to subdivision
seven of section thirty-six hundred two of this article shall be consid-
ered approved transportation expenses eligible for transportation aid,
provided further that for the two thousand thirteen--two thousand four-
teen school year such aid shall be limited to eight million one hundred
thousand dollars and for the two thousand fourteen--two thousand fifteen
school year such aid shall be limited to the sum of twelve million six
hundred thousand dollars plus the base amount and for the two thousand
fifteen--two thousand sixteen school year through two thousand eigh-
teen--two thousand nineteen school year such aid shall be limited to the
sum of eighteen million eight hundred fifty thousand dollars plus the
base amount, and for the two thousand nineteen--two thousand twenty
school year [and thereafter] such aid shall be limited to the sum of
nineteen million three hundred fifty thousand dollars plus the base
amount, AND FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF NINETEEN
MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS PLUS THE BASE AMOUNT. For
purposes of this subdivision, "base amount" means the amount of trans-
portation aid paid to the school district for expenditures incurred in
the two thousand twelve--two thousand thirteen school year for transpor-
tation that would have been eligible for aid pursuant to this section
had this section been in effect in such school year, except that subdi-
vision six of this section shall be deemed not to have been in effect.
And provided further that the school district shall continue to annually
expend for the transportation described in subdivision one of this
section at least the expenditures used for the base amount.
§ 15. Intentionally omitted.
§ 16. Intentionally omitted.
§ 17. Intentionally omitted.
§ 18. Intentionally omitted.
§ 19. Intentionally omitted.
§ 20. Intentionally omitted.
§ 21. Intentionally omitted.
§ 22. Subdivision 16 of section 3602-ee of the education law, as
amended by section 19 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty] TWENTY-ONE; provided that the program shall continue and remain
in full effect.
§ 22-a. Subdivision 4 of section 51 of part B of chapter 57 of the
laws of 2008 amending the education law relating to the universal pre-
kindergarten program, as amended by section 28-b of part YYY of chapter
59 of the laws of 2017, is amended to read as follows:
4. section twenty-three of this act shall take effect July 1, 2008 and
shall expire and be deemed repealed June 30, [2020] 2021;
§ 22-b. Subparagraph (ii) of paragraph (c) of subdivision 8 of section
3602-ee of the education law, as amended by section 24-a of part YYY of
chapter 59 of the laws of 2019, is amended to read as follows:
(ii) Provided that, notwithstanding any provisions of this paragraph
to the contrary, for the two thousand seventeen-two thousand eighteen
through the two thousand [nineteen] TWENTY--two thousand [twenty] TWEN-
TY-ONE school years an exemption to the certification requirement of
subparagraph (i) of this paragraph may be made for a teacher without
certification valid for service in the early childhood grades who
possesses a written plan to obtain certification and who has registered
S. 7506--B 15 A. 9506--B
in the ASPIRE workforce registry as required under regulations of the
commissioner of the office of children and family services. Notwith-
standing any exemption provided by this subparagraph, certification
shall be required for employment no later than June thirtieth, two thou-
sand [twenty] TWENTY-ONE; provided that for the two thousand [nineteen]
TWENTY-two thousand [twenty] TWENTY-ONE school year, school districts
with teachers seeking an exemption to the certification requirement of
subparagraph (i) of this paragraph shall submit a report to the commis-
sioner regarding (A) the barriers to certification, if any, (B) the
number of uncertified teachers registered in the ASPIRE workforce regis-
try teaching pre-kindergarten in the district, including those employed
by a community-based organization, (C) the number of previously uncer-
tified teachers who have completed certification as required by this
subdivision, and (D) the expected certification completion date of such
teachers.
§ 23. Intentionally omitted.
§ 24. The opening paragraph of section 3609-a of the education law, as
amended by section 21 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [nineteen] TWENTY--two thousand [twenty]
TWENTY-ONE school year, "moneys apportioned" shall mean the lesser of
(i) the sum of one hundred percent of the respective amount set forth
for each school district as payable pursuant to this section in the
school aid computer listing for the current year produced by the commis-
sioner in support of the budget which includes the appropriation for the
general support for public schools for the prescribed payments and indi-
vidualized payments due prior to April first for the current year plus
the apportionment payable during the current school year pursuant to
subdivision six-a and subdivision fifteen of section thirty-six hundred
two of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, or (ii) the apportionment calculated by the commissioner based on
data on file at the time the payment is processed; provided however,
that for the purposes of any payments made pursuant to this section
prior to the first business day of June of the current year, moneys
apportioned shall not include any aids payable pursuant to subdivisions
six and fourteen, if applicable, of section thirty-six hundred two of
this part as current year aid for debt service on bond anticipation
notes and/or bonds first issued in the current year or any aids payable
for full-day kindergarten for the current year pursuant to subdivision
nine of section thirty-six hundred two of this part. The definitions of
"base year" and "current year" as set forth in subdivision one of
section thirty-six hundred two of this part shall apply to this section.
For aid payable in the two thousand [nineteen] TWENTY--two thousand
[twenty] TWENTY-ONE school year, reference to such "school aid computer
listing for the current year" shall mean the printouts entitled
["SA192-0"] "SA202-1".
S. 7506--B 16 A. 9506--B
§ 25. Intentionally omitted.
§ 26. Intentionally omitted.
§ 26-a. Subparagraph (viii) of paragraph (a) of subdivision 1 of
section 2856 of the education law, as amended by section 4 of part YYY
of chapter 59 of the laws of 2017, is amended and two new subparagraphs
(ix) and (x) are added to read as follows:
(viii) for the two thousand twenty--two thousand twenty-one [school
year and thereafter] AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-
TWO SCHOOL YEARS, the charter school basic tuition shall be the lesser
of (A) the product of (i) the charter school basic tuition calculated
for the base year multiplied by (ii) the average of the quotients for
each school year in the period commencing with the year three years
prior to the base year and finishing with the year prior to the base
year of the total approved operating expense for such school district
calculated pursuant to paragraph t of subdivision one of section thir-
ty-six hundred two of this chapter for each such year divided by the
total approved operating expense for such district for the immediately
preceding year MULTIPLIED BY, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR ONLY, (III) NINE HUNDRED FORTY-FIVE ONE-THOUS-
ANDTHS (0.945) or (B) the quotient of the total general fund expendi-
tures for the school district calculated pursuant to an electronic data
file created for the purpose of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter published
annually on May fifteenth for the year prior to the base year divided by
the total estimated public enrollment for the school district pursuant
to paragraph n of subdivision one of section thirty-six hundred two of
this chapter for the year prior to the base year.
(IX) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS
THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER OF (A) THE PRODUCT
OF (I) THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR
MULTIPLIED BY (II) THE AVERAGE OF THE QUOTIENTS FOR EACH SCHOOL YEAR IN
THE PERIOD COMMENCING WITH THE YEAR FOUR YEARS PRIOR TO THE BASE YEAR
AND FINISHING WITH THE YEAR PRIOR TO THE BASE YEAR, EXCLUDING THE TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, OF THE TOTAL
APPROVED OPERATING EXPENSE FOR SUCH SCHOOL DISTRICT CALCULATED PURSUANT
TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER FOR EACH SUCH YEAR DIVIDED BY THE TOTAL APPROVED OPERATING
EXPENSE FOR SUCH DISTRICT FOR THE IMMEDIATELY PRECEDING YEAR OR (B) THE
QUOTIENT OF THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT
CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR THE PURPOSE
OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ANNUALLY ON MAY FIFTEENTH
FOR THE YEAR PRIOR TO THE BASE YEAR DIVIDED BY THE TOTAL ESTIMATED
PUBLIC ENROLLMENT FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH N OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR
THE YEAR PRIOR TO THE BASE YEAR.
(X) FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER
OF (A) THE PRODUCT OF (I) THE CHARTER SCHOOL BASIC TUITION CALCULATED
FOR THE BASE YEAR MULTIPLIED BY (II) THE AVERAGE OF THE QUOTIENTS FOR
EACH SCHOOL YEAR IN THE PERIOD COMMENCING WITH THE YEAR THREE YEARS
PRIOR TO THE BASE YEAR AND FINISHING WITH THE YEAR PRIOR TO THE BASE
YEAR OF THE TOTAL APPROVED OPERATING EXPENSE FOR SUCH SCHOOL DISTRICT
CALCULATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS CHAPTER FOR EACH SUCH YEAR DIVIDED BY THE
S. 7506--B 17 A. 9506--B
TOTAL APPROVED OPERATING EXPENSE FOR SUCH DISTRICT FOR THE IMMEDIATELY
PRECEDING YEAR OR (B) THE QUOTIENT OF THE TOTAL GENERAL FUND EXPENDI-
TURES FOR THE SCHOOL DISTRICT CALCULATED PURSUANT TO AN ELECTRONIC DATA
FILE CREATED FOR THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVI-
SION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED
ANNUALLY ON MAY FIFTEENTH FOR THE YEAR PRIOR TO THE BASE YEAR DIVIDED BY
THE TOTAL ESTIMATED PUBLIC ENROLLMENT FOR THE SCHOOL DISTRICT PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER FOR THE YEAR PRIOR TO THE BASE YEAR.
§ 26-b. Subparagraph (viii) of paragraph (a) of subdivision 1 of
section 2856 of the education law, as amended by section 4-a of part YYY
of chapter 59 of the laws of 2017, is amended and two new subparagraphs
(ix) and (x) are added to read as follows:
(viii) for the two thousand twenty--two thousand twenty-one [school
year and thereafter] AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-
TWO SCHOOL YEARS, the charter school basic tuition shall be the lesser
of (A) the product of (i) the charter school basic tuition calculated
for the base year multiplied by (ii) the average of the quotients for
each school year in the period commencing with the year three years
prior to the base year and finishing with the year prior to the base
year of the total approved operating expense for such school district
calculated pursuant to paragraph t of subdivision one of section thir-
ty-six hundred two of this chapter for each such year divided by the
total approved operating expense for such district for the immediately
preceding year MULTIPLIED BY, FOR THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEAR ONLY, (III) NINE HUNDRED FORTY-FIVE ONE-THOUS-
ANDTHS (0.945) or (B) the quotient of the total general fund expendi-
tures for the school district calculated pursuant to an electronic data
file created for the purpose of compliance with paragraph b of subdivi-
sion twenty-one of section three hundred five of this chapter published
annually on May fifteenth for the year prior to the base year divided by
the total estimated public enrollment for the school district pursuant
to paragraph n of subdivision one of section thirty-six hundred two of
this chapter for the year prior to the base year.
(IX) FOR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
THROUGH TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEARS
THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER OF (A) THE PRODUCT
OF (I) THE CHARTER SCHOOL BASIC TUITION CALCULATED FOR THE BASE YEAR
MULTIPLIED BY (II) THE AVERAGE OF THE QUOTIENTS FOR EACH SCHOOL YEAR IN
THE PERIOD COMMENCING WITH THE YEAR FOUR YEARS PRIOR TO THE BASE YEAR
AND FINISHING WITH THE YEAR PRIOR TO THE BASE YEAR, EXCLUDING THE TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, OF THE TOTAL
APPROVED OPERATING EXPENSE FOR SUCH SCHOOL DISTRICT CALCULATED PURSUANT
TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER FOR EACH SUCH YEAR DIVIDED BY THE TOTAL APPROVED OPERATING
EXPENSE FOR SUCH DISTRICT FOR THE IMMEDIATELY PRECEDING YEAR OR (B) THE
QUOTIENT OF THE TOTAL GENERAL FUND EXPENDITURES FOR THE SCHOOL DISTRICT
CALCULATED PURSUANT TO AN ELECTRONIC DATA FILE CREATED FOR THE PURPOSE
OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED ANNUALLY ON MAY FIFTEENTH
FOR THE YEAR PRIOR TO THE BASE YEAR DIVIDED BY THE TOTAL ESTIMATED
PUBLIC ENROLLMENT FOR THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH N OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR
THE YEAR PRIOR TO THE BASE YEAR.
(X) FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL
YEAR AND THEREAFTER THE CHARTER SCHOOL BASIC TUITION SHALL BE THE LESSER
S. 7506--B 18 A. 9506--B
OF (A) THE PRODUCT OF (I) THE CHARTER SCHOOL BASIC TUITION CALCULATED
FOR THE BASE YEAR MULTIPLIED BY (II) THE AVERAGE OF THE QUOTIENTS FOR
EACH SCHOOL YEAR IN THE PERIOD COMMENCING WITH THE YEAR THREE YEARS
PRIOR TO THE BASE YEAR AND FINISHING WITH THE YEAR PRIOR TO THE BASE
YEAR OF THE TOTAL APPROVED OPERATING EXPENSE FOR SUCH SCHOOL DISTRICT
CALCULATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS CHAPTER FOR EACH SUCH YEAR DIVIDED BY THE
TOTAL APPROVED OPERATING EXPENSE FOR SUCH DISTRICT FOR THE IMMEDIATELY
PRECEDING YEAR OR (B) THE QUOTIENT OF THE TOTAL GENERAL FUND EXPENDI-
TURES FOR THE SCHOOL DISTRICT CALCULATED PURSUANT TO AN ELECTRONIC DATA
FILE CREATED FOR THE PURPOSE OF COMPLIANCE WITH PARAGRAPH B OF SUBDIVI-
SION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER PUBLISHED
ANNUALLY ON MAY FIFTEENTH FOR THE YEAR PRIOR TO THE BASE YEAR DIVIDED BY
THE TOTAL ESTIMATED PUBLIC ENROLLMENT FOR THE SCHOOL DISTRICT PURSUANT
TO PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER FOR THE YEAR PRIOR TO THE BASE YEAR.
§ 27. Subdivisions 1 and 3 of section 801 of the education law, as
amended by chapter 574 of the laws of 1997, are amended to read as
follows:
1. In order to promote a spirit of patriotic and civic service and
obligation and to foster in the children of the state moral and intel-
lectual qualities which are essential in preparing to meet the obli-
gations of citizenship in peace or in war, the regents of The University
of the State of New York shall prescribe courses of instruction in
patriotism, citizenship, CIVIC EDUCATION AND VALUES, OUR SHARED HISTORY
OF DIVERSITY, THE ROLE OF RELIGIOUS TOLERANCE IN THIS COUNTRY, and human
rights issues, with particular attention to the study of the inhumanity
of genocide, slavery (including the freedom trail and underground rail-
road), the Holocaust, and the mass starvation in Ireland from 1845 to
1850, to be maintained and followed in all the schools of the state. The
boards of education and trustees of the several cities and school
districts of the state shall require instruction to be given in such
courses, by the teachers employed in the schools therein. All pupils
attending such schools, over the age of eight years, shall attend upon
such instruction.
Similar courses of instruction shall be prescribed and maintained in
private schools in the state, and all pupils in such schools over eight
years of age shall attend upon such courses. If such courses are not so
established and maintained in a private school, attendance upon instruc-
tion in such school shall not be deemed substantially equivalent to
instruction given to pupils of like age in the public schools of the
city or district in which such pupils reside.
3. The regents shall determine the subjects to be included in such
courses of instruction in patriotism, citizenship, CIVIC EDUCATION AND
VALUES, OUR SHARED HISTORY OF DIVERSITY, THE ROLE OF HISTORY OF DIVERSI-
TY, THE ROLE OF RELIGIOUS TOLERANCE IN THIS COUNTRY, and human rights
issues, with particular attention to the study of the inhumanity of
genocide, slavery (including the freedom trail and underground rail-
road), the Holocaust, and the mass starvation in Ireland from 1845 to
1850, and in the history, meaning, significance and effect of the
provisions of the constitution of the United States, the amendments
thereto, the declaration of independence, the constitution of the state
of New York and the amendments thereto, and the period of instruction in
each of the grades in such subjects. They shall adopt rules providing
for attendance upon such instruction and for such other matters as are
required for carrying into effect the objects and purposes of this
S. 7506--B 19 A. 9506--B
section. The commissioner shall be responsible for the enforcement of
such section and shall cause to be inspected and supervise the instruc-
tion to be given in such subjects. The commissioner may, in his
discretion, cause all or a portion of the public school money to be
apportioned to a district or city to be withheld for failure of the
school authorities of such district or city to provide instruction in
such courses and to compel attendance upon such instruction, as herein
prescribed, and for a non-compliance with the rules of the regents
adopted as herein provided.
§ 28. Section 2590-h of the education law is amended by adding a new
subdivision 55 to read as follows:
55. ENSURE THAT ALL PUBLIC, NONPUBLIC, AND CHARTER SCHOOL STUDENTS
ENROLLED IN ELEMENTARY AND SECONDARY SCHOOLS LOCATED IN THE CITY OF NEW
YORK BE PROVIDED WITH ADDITIONAL OPPORTUNITIES TO SUPPLEMENT CLASSROOM
INSTRUCTION INCLUDING, BUT NOT LIMITED TO, VISITING EDUCATIONAL AND
CULTURAL SITES AND INSTITUTIONS SUCH AS A HOLOCAUST MUSEUM, AFRICAN
AMERICAN CULTURAL CENTERS AND HISTORICAL LANDMARKS, A NATIVE AMERICAN
MUSEUM, ASIAN AMERICAN MUSEUMS AND CULTURAL CENTERS, A LATINX AMERICAN
MUSEUM, CENTER FOR WOMEN, LGBTQ HISTORICAL LANDMARKS, AND AMERICAN
HISTORICAL LANDMARKS AND MONUMENTS.
§ 29. Section 3609-h of the education law, as added by section 7 of
part A of chapter 56 of the laws of 2015, is amended to read as follows:
§ 3609-h. Moneys apportioned to school districts for commercial gaming
grants pursuant to subdivision six of section ninety-seven-nnnn of the
state finance law, when and how payable commencing July first, two thou-
sand fourteen. Notwithstanding the provisions of section thirty-six
hundred nine-a of this part, apportionments payable pursuant to subdivi-
sion six of section ninety-seven-nnnn of the state finance law shall be
paid pursuant to this section. The definitions of "base year" and
"current year" as set forth in subdivision one of section thirty-six
hundred two of this part shall apply to this section.
1. The moneys apportioned by the commissioner to school districts
pursuant to subdivision six of section ninety-seven-nnnn of the state
finance law for the two thousand fourteen-two thousand fifteen school
year and thereafter shall be paid as a commercial gaming grant, as
computed pursuant to such subdivision, as follows:
a. For the two thousand fourteen--two thousand fifteen school year,
one hundred percent of such grant shall be paid on the same date as the
payment computed pursuant to clause (v) of subparagraph three of para-
graph b of subdivision one of section thirty-six hundred nine-a of this
article.
b. For the two thousand fifteen--two thousand sixteen school year [and
thereafter] THROUGH THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
SCHOOL YEAR, seventy percent of such grant shall be paid on the same
date as the payment computed pursuant to clause (ii) of subparagraph
three of paragraph b of subdivision one of section thirty-six hundred
nine-a of this article, and thirty percent of such grant shall be paid
on the same date as the payment computed pursuant to clause (v) of
subparagraph three of paragraph b of subdivision one of section thirty-
six hundred nine-a of this article.
C. FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR AND
THEREAFTER, ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH
THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
S. 7506--B 20 A. 9506--B
2. Any payment to a school district pursuant to this section shall be
general receipts of the district and may be used for any lawful purpose
of the district.
§ 30. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
35 of part YYY of chapter 59 of the laws of 2019, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the [2017--2018 school year
shall not exceed 60.4 percent of the lesser of such approvable costs per
contact hour or thirteen dollars and ninety cents per contact hour,
reimbursement for the] 2018--2019 school year shall not exceed 59.4
percent of the lesser of such approvable costs per contact hour or four-
teen dollars and ninety-five cents per contact hour, [and] reimbursement
for the 2019--2020 school year shall not exceed 57.7 percent of the
lesser of such approvable costs per contact hour or fifteen dollars
sixty cents per contact hour, AND REIMBURSEMENT FOR THE 2020--2021
SCHOOL YEAR SHALL NOT EXCEED 56.9 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR SIXTEEN DOLLARS AND TWENTY-FIVE CENTS PER
CONTACT HOUR, AND where a contact hour represents sixty minutes of
instruction services provided to an eligible adult. Notwithstanding any
other provision of law to the contrary, [for the 2017--2018 school year
such contact hours shall not exceed one million five hundred forty-nine
thousand four hundred sixty-three (1,549,463); and] for the 2018--2019
school year such contact hours shall not exceed one million four hundred
sixty-three thousand nine hundred sixty-three (1,463,963); [and] for the
2019--2020 school year such contact hours shall not exceed one million
four hundred forty-four thousand four hundred forty-four (1,444,444);
AND FOR THE 2020--2021 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED
ONE MILLION FOUR HUNDRED SIX THOUSAND NINE HUNDRED TWENTY-SIX
(1,406,926). Notwithstanding any other provision of law to the contra-
ry, the apportionment calculated for the city school district of the
city of New York pursuant to subdivision 11 of section 3602 of the
education law shall be computed as if such contact hours provided by the
consortium for worker education, not to exceed the contact hours set
forth herein, were eligible for aid in accordance with the provisions of
such subdivision 11 of section 3602 of the education law.
§ 31. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion y to read as follows:
Y. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2020-21 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 32. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 37 of part YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2020] 2021.
S. 7506--B 21 A. 9506--B
§ 32-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 37-a of part YYY of chapter 59 of the
laws of 2019, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [nineteen] TWENTY--two thousand
[twenty] TWENTY-ONE, the commissioner may set aside an amount not to
exceed two million five hundred thousand dollars from the funds appro-
priated for purposes of this subdivision for the purpose of serving
persons twenty-one years of age or older who have not been enrolled in
any school for the preceding school year, including persons who have
received a high school diploma or high school equivalency diploma but
fail to demonstrate basic educational competencies as defined in regu-
lation by the commissioner, when measured by accepted standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
§ 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 32 of part CCC of chapter 59 of the laws of 2018, is amended
to read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2020] 2022.
§ 34. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees, as amended by section 39 of part YYY
of chapter 59 of the laws of 2019, is amended to read as follows:
§ 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2020] 2021 when
upon such date the provisions of this act shall be deemed repealed.
§ 35. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 40 of part YYY of chapter 59 of the laws of 2019, is
amended to read as follows:
§ 4. This act shall take effect July 1, 2002 and section one of this
act shall expire and be deemed repealed June 30, 2019, and sections two
and three of this act shall expire and be deemed repealed on June 30,
[2020] 2021.
§ 36. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 41 of part YYY of chapter 59 of the laws
of 2019, is amended to read as follows:
S. 7506--B 22 A. 9506--B
§ 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2020] 2021.
§ 37. Subdivision 11 of section 94 of part C of chapter 57 of the laws
of 2004, relating to the support of education, as amended by section 58
of part YYY of chapter 59 of the laws of 2017, is amended to read as
follows:
11. section seventy-one of this act shall expire and be deemed
repealed June 30, [2020] 2023;
§ 38. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2020-2021 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
§ 39. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2021 and not later than the last day of the third full
business week of June 2021, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2021, for salary expenses incurred between April 1 and
June 30, 2020 and such apportionment shall not exceed the sum of (i) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (ii)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (iii) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
S. 7506--B 23 A. 9506--B
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
§ 40. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2021, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2021 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
S. 7506--B 24 A. 9506--B
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
§ 41. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2020--2021 school year, as a non-component school
district, services required by article 19 of the education law.
§ 42. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2020--2021 school year. For the city
school district of the city of New York there shall be a setaside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
b. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
S. 7506--B 25 A. 9506--B
section may use such setaside funds for: (i) any instructional or
instructional support costs associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
c. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2020--2021 school year, and
for any city school district in a city having a population of more than
one million, the setaside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2020--2021 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
d. For the purpose of teacher support for the 2020--2021 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 42-a. Subdivision a of section 5 of chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt union free school district to
finance deficits by the issuance of serial bonds, as amended by section
52-a of part YYY of chapter 59 of the laws of 2019, is amended to read
as follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
S. 7506--B 26 A. 9506--B
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2019-20] 2020-21 school year, four million dollars
($4,000,000); for the [2020-21] 2021-22 school year, three million
dollars ($3,000,000); for the [2021-22] 2022-23 school year, two million
dollars ($2,000,000); for the [2022-23] 2023-24 school year, one million
dollars ($1,000,000); and for the [2023-24] 2024-25 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
§ 42-b. Section 8 of chapter 89 of the laws of 2016 relating to
supplementary funding for dedicated programs for public school students
in the East Ramapo central school district, as amended by section 46-a
of part YYY of chapter 59 of the laws of 2019, is amended to read as
follows:
§ 8. This act shall take effect July 1, 2016 and shall expire and be
deemed repealed June 30, [2020] 2021, except that paragraph (b) of
section five of this act and section seven of this act shall expire and
be deemed repealed June 30, 2021.
§ 42-c. Subdivision (a) of section 11 of chapter 18 of the laws of
2020, authorizing deficit financing and an advance of aid payments for
the Wyandanch union free school district, is amended to read as follows:
(a) The school district is hereby authorized to issue serial bonds,
subject to the provisions of section 10.10 of the local finance law, on
or before [June thirtieth] OCTOBER THIRTY-FIRST, two thousand twenty, in
an aggregate principal amount not to exceed [three] FOUR million [one]
FIVE hundred thousand dollars [($3,100,000)] ($4,500,000), for the
specific object or purpose of liquidating actual deficits in its general
fund at the close of the fiscal year ending June thirtieth, two thousand
nineteen as certified by the state comptroller. In anticipation of the
issuance and sale of such serial bonds, bond anticipation notes are
hereby authorized to be issued.
§ 43. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2020 enacting
the aid to localities budget shall be apportioned for the 2020-2021
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001-2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2020-2021
by a chapter of the laws of 2020 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
§ 44. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
S. 7506--B 27 A. 9506--B
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, 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 judgment shall have
been rendered.
§ 45. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2020, provided,
however, that:
1. sections one, fourteen-a, fourteen-b, fourteen-c, fourteen-d, four-
teen-e, twenty-two, twenty-four, twenty-seven, thirty-eight, forty-one,
forty-two and forty-two-a of this act shall take effect July 1, 2020;
2. the amendments to section 2590-h of the education law made by
section twenty-eight of this act shall not affect the expiration and
reversion of such section and shall expire and be deemed repealed there-
with;
3. section twenty-nine of this act shall be deemed to have been in
full force and effect on and after April 1, 2019;
4. the amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city made by sections thirty and thirty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith;
5. the amendments to paragraph (a) of section 11 of chapter 18 of the
laws of 2020 made by section forty-two-c of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
6. the amendments to paragraph (a) of subdivision 1 of section 2856 of
the education law made by section twenty-six-a of this act shall be
subject to the expiration and reversion of such subdivision pursuant to
subdivision d of section 27 of chapter 378 of the laws of 2007, as
amended, when upon such date the provisions of section twenty-six-b of
this act shall take effect.
PART B
Section 1. Legislative intent. The purpose of this act is to establish
the Syracuse Comprehensive Education and Workforce Training Center
focusing on Science, Technology, Engineering, Arts, and Math. The high
school within the Syracuse Comprehensive Education and Workforce Train-
ing Center shall provide a high school course of instruction for grades
nine through twelve, dedicated to providing expanded learning access and
career opportunities to students residing in the Onondaga, Cortland and
Madison county board of cooperative educational services region and
central New York, in the areas of science, technology, engineering, arts
and mathematics as well as the core academic areas required for the
issuance of high school diplomas in accordance with the rules and regu-
lations promulgated by the board of regents. The legislature hereby
finds and declares that the establishment of the Syracuse Comprehensive
Education and Workforce Training Center is a necessary component to the
development of the greater central New York region of New York state and
a necessary link to fostering the development and advancement of the
arts and emerging technologies. This high school and workforce training
center will advance the interests of the central New York region and New
York state by engaging students in rigorous and enriching educational
S. 7506--B 28 A. 9506--B
experiences focused on the arts and emerging technologies, project-based
learning and collaboration and by providing that experience within the
context of a business and learning community for the purpose of directly
connecting student learning with real world experience in the arts and
advanced technical facilities. It is expressly found that the establish-
ment and operation of the Syracuse Comprehensive Education and Workforce
Training Center pursuant to this act is a public purpose.
§ 2. Establishment of the Syracuse Comprehensive Education and Work-
force Training Center high school. 1. The Syracuse Comprehensive Educa-
tion and Workforce Training Center high school may be established by the
board of education of the Syracuse city school district pursuant to this
section for students in grades nine through twelve.
2. Such high school shall be governed by the board of education of the
Syracuse city school district. The high school shall be subject to all
laws, rules and regulations which are applicable to a public high school
unless otherwise provided for in this act. The high school shall be
subject to the oversight of the board of regents and the program shall
be audited in a manner consistent with provisions of law and regulations
that are applicable to other public schools.
3. The board of education of the Syracuse city school district shall
have the responsibility for the operation, supervision and maintenance
of the high school and shall be responsible for the administration of
the high school, including curriculum, grading, discipline and staffing.
The high school may partner with a certified institution of higher
education to offer an early college high school program. The high school
and workforce training center may also partner with a certified institu-
tion of higher education to offer apprenticeship training and programs.
The workforce training center, in collaboration with educational oppor-
tunity centers, shall provide career connection programs and opportu-
nities including, but not limited to, workforce preparation and train-
ing, industry certifications and credentials including advanced
technical certifications and high school equivalency programs, and
educational opportunity center programs at the Syracuse Comprehensive
Education and Workforce Training Center at night. The State University
of New York Empire State College may also partner with the New York
State Department of Labor. The workforce training center is also
authorized to partner with other local entities including, but not
limited to, businesses, non-profit organizations, educational opportu-
nity centers, state and local governments, and other organizations
focused on closing the skills gap and increasing employment opportu-
nities through training. The workforce training center programs shall be
available to students as well as members of the community.
4. Such workforce training center shall be governed by the State
University of New York Empire State College in consultation with the
board of education of the Syracuse city school district.
5. The Syracuse City School District shall develop a comprehensive
safety policy that includes a requirement that workforce training center
programs offered at the Syracuse Comprehensive Education and Workforce
Training Center shall be offered at night.
6. The board of education of the Syracuse city school district shall
be authorized to enter into contracts as necessary or convenient to
operate such high school.
7. Students attending such high school shall continue to be enrolled
in their school district of residence. The Syracuse city school district
shall be responsible for the issuance of a high school diploma to
S. 7506--B 29 A. 9506--B
students who attended the high school based on such students' successful
completion of the high school's educational program.
8. For purposes of all state aid calculations made pursuant to the
education law, students attending such high school shall continue to be
treated and counted as students of their school district of residence.
9. The public school district of residence shall be obligated to
provide transportation, without regard to any mileage limitations,
provided however, for aid reimbursements pursuant to subdivision 7 of
section 3602 of the education law, expenses associated with the trans-
portation of students to and from the high school up to a distance of
thirty miles shall be included.
10. It shall be the duty of the student's district of residence to
make payments as calculated in this act directly to the school district
for each student enrolled in the high school. No costs shall be appor-
tioned to school districts that elect not to participate in such high
school.
11. The trustees or the board of education of a school district may
enter into a memorandum of understanding with the board of education of
the Syracuse city school district to participate in such high school
program for a period not to exceed five years upon such terms as such
trustees or board of education and the board of education of the Syra-
cuse city school district may mutually agree. Such memorandum of under-
standing shall set forth a methodology for the calculation of per pupil
tuition costs that shall be subject to review and approval by the
commissioner of education.
12. Any student eligible for enrollment in grades nine through twelve
of a public school entering into a memorandum of understanding with the
board of education of the Syracuse city school district to enroll
students in the high school shall be eligible for admission to the high
school. To the extent that the number of qualified applicants may exceed
the number of available spaces, the high school shall grant admission on
a random selection basis, provided that an enrollment preference shall
be provided to pupils returning to the high school in the second or any
subsequent year. The criteria for admission shall not be limited based
on intellectual ability, measures of academic achievement or aptitude,
athletic aptitude, disability, race, creed, gender, national origin,
religion, ancestry, or location of residence. The high school shall
determine the tentative enrollment roster, notify the parents, or those
in parental relations to those students, and the resident school
district by April first of the school year preceding the school year for
which the admission is granted.
13. Notwithstanding any other provision of law to the contrary, the
Syracuse city school district is authorized to transfer ownership of the
Syracuse Comprehensive Education and Workforce Training Center facility
to the county of Onondaga and the county of Onondaga is authorized to
assume such ownership and to enter into a lease for such facility with
the Syracuse city school district. The county of Onondaga may contract
for indebtedness to renovate such facility and any related financing
shall be deemed a county purpose. The county of Onondaga shall transfer
ownership of the Syracuse Comprehensive Education and Workforce Training
Center facility to the city of Syracuse upon the expiration of the
lease.
14. Notwithstanding any other provision of law to the contrary, the
county of Onondaga shall submit estimated project costs for the reno-
vation and equipping of the Syracuse Comprehensive Education and Work-
force Training Center after the completion of schematic plans and spec-
S. 7506--B 30 A. 9506--B
ifications for review by the commissioner of education. If the total
project costs associated with such project exceed the approved cost
allowance of such building project pursuant to section three of this
act, and the county has not otherwise demonstrated to the satisfaction
of the New York state education department the availability of addi-
tional local shares for such excess costs from the city of Syracuse
and/or the Syracuse city school district, then the county shall not
proceed with the preparation of final plans and specifications for such
project until the project has been redesigned or value-engineered to
reduce estimated project costs so as not to exceed the above cost
limits.
15. Notwithstanding any other provision of law to the contrary, the
county of Onondaga shall submit estimated project costs for the reno-
vation and equipping of the Syracuse Comprehensive Education Workforce
and Training Center after the completion of fifty percent of the final
plans and specifications for review by the commissioner of education. If
the total project costs associated with such project exceed the approved
cost allowance of such building project pursuant to subparagraph (8) of
paragraph a of subdivision 6 of section 3602 of the education law, and
the county has not otherwise demonstrated to the satisfaction of the New
York state education department the availability of additional local
share for such excess costs from the city of Syracuse and/or the Syra-
cuse city school district, then the county shall not proceed with the
completion of the remaining fifty percent of the plans and specifica-
tions for such project until the project has been redesigned or value-
engineered to reduce estimated project costs so as to not exceed the
above cost limits.
§ 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 8 to read as follows:
(8) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE PURPOSE OF COMPUTATION OF BUILDING AID FOR THE RENOVATION AND EQUIP-
PING OF THE SYRACUSE COMPREHENSIVE EDUCATION AND WORKFORCE TRAINING
CENTER HIGH SCHOOL AUTHORIZED FOR OPERATION BY THE SYRACUSE CITY SCHOOL
DISTRICT THE BUILDING AID UNITS ASSIGNED TO THIS PROJECT SHALL REFLECT A
BUILDING AID ENROLLMENT OF ONE THOUSAND STUDENTS AND MULTI-YEAR COST
ALLOWANCES FOR THE PROJECT SHALL BE ESTABLISHED AND UTILIZED TWO TIMES
IN THE FIRST FIVE-YEAR PERIOD. SUBSEQUENT MULTI-YEAR COST ALLOWANCES
SHALL BE ESTABLISHED NO SOONER THAN TEN YEARS AFTER ESTABLISHMENT OF THE
FIRST MAXIMUM COST ALLOWANCE AUTHORIZED PURSUANT TO THIS SUBPARAGRAPH.
§ 4. This act shall take effect immediately.
PART C
Section 1. Definitions. As used in this act:
(a) "Commissioner" shall mean the commissioner of education;
(b) "Department" shall mean the state education department;
(c) "Board of education" or "board" shall mean the board of education
of the Rochester city school district;
(d) "School district" or "district" shall mean the Rochester city
school district;
(e) "Superintendent" shall mean the superintendent of the Rochester
city school district;
(f) "Relatives" shall mean a Rochester city school district board
member's spouse, domestic partner, child, stepchild, stepparent, or any
person who is a direct descendant of the grandparents of a current board
member or a board member's spouse or domestic partner; and
S. 7506--B 31 A. 9506--B
(g) "City" shall mean the city of Rochester.
§ 2. Appointment of a monitor. The commissioner shall appoint one
monitor to provide oversight, guidance and technical assistance related
to the educational and fiscal policies, practices, programs and deci-
sions of the school district, the board of education and the superinten-
dent.
1. The monitor, to the extent practicable, shall have experience in
school district finances and one or more of the following areas:
(a) elementary and secondary education;
(b) the operation of school districts in New York;
(c) educating students with disabilities; and
(d) educating English language learners.
2. The monitor shall be a non-voting ex-officio member of the board of
education. The monitor shall be an individual who is not a resident,
employee of the school district or relative of a board member of the
school district at the time of his or her appointment.
3. The reasonable and necessary expenses incurred by the monitor while
performing his or her official duties shall be paid by the school
district. Notwithstanding any other provision of law, the monitor shall
be entitled to defense and indemnification by the school district to the
same extent as a school district employee.
§ 3. Meetings. 1. The monitor shall be entitled to attend all meetings
of the board, including executive sessions; provided however, such moni-
tor shall not be considered for purposes of establishing a quorum of the
board. The school district shall fully cooperate with the monitor
including, but not limited to, providing such monitor with access to any
necessary documents and records of the district including access to
electronic information systems, databases and planning documents,
consistent with all applicable state and federal statutes including, but
not limited to, Family Education Rights and Privacy Act (FERPA) (20
U.S.C. § 1232g) and section 2-d of the education law.
2. The board, in consultation with the monitor, shall adopt a conflict
of interest policy that complies with all existing applicable laws,
rules and regulations that ensures its board members and administration
act in the school district's best interest and comply with applicable
legal requirements. The conflict of interest policy shall include, but
not be limited to:
(a) a definition of the circumstances that constitute a conflict of
interest;
(b) procedures for disclosing a conflict of interest to the board;
(c) a requirement that the person with the conflict of interest not be
present at or participate in board deliberations or votes on the matter
giving rise to such conflict, provided that nothing in this subdivision
shall prohibit the board from requesting that the person with the
conflict of interest present information as background or answer ques-
tions at a board meeting prior to the commencement of deliberations or
voting relating thereto;
(d) a prohibition against any attempt by the person with the conflict
to influence improperly the deliberation or voting on the matter giving
rise to such conflict; and
(e) a requirement that the existence and resolution of the conflict be
documented in the board's records, including in the minutes of any meet-
ing at which the conflict was discussed or voted upon.
§ 4. Public hearings. 1. The monitor shall schedule three public hear-
ings to be held within sixty days of his or her appointment, which shall
S. 7506--B 32 A. 9506--B
allow public comment from the district's residents, students, parents,
employees, board members and administration.
(a) The first hearing shall take public comment on existing statutory
and regulatory authority of the commissioner, the department and the
board of regents regarding school district governance and intervention
under applicable state law and regulations, including but not limited
to, sections 306, 211-c, and 211-f of the education law.
(b) The second hearing shall take public comment on the academic
performance of the district.
(c) The third hearing shall take public comment on the fiscal perform-
ance of the district.
2. The board of education, the superintendent and the monitor shall
consider these public comments when developing the financial plan and
academic improvement plan under this act.
§ 5. Financial plan. 1. No later than November first, two thousand
twenty, the board of education, the superintendent and the monitor shall
develop a proposed financial plan for the two thousand twenty--two thou-
sand twenty-one school year and the four subsequent school years. The
financial plan shall ensure that annual aggregate operating expenses
shall not exceed annual aggregate operating revenues for such school
year and that the major operating funds of the district be balanced in
accordance with generally accepted accounting principles, and shall
consider whether financial and budgetary functions of the district shall
be subject to a shared services agreement with the city. The financial
plan shall include statements of all estimated revenues, expenditures,
and cash flow projections of the district.
2. If the board of education and the monitor agree on all the elements
of the proposed financial plan, the board of education shall conduct a
public hearing on the plan and consider the input of the community. The
proposed financial plan shall be made public on the district's website
at least three business days before such public hearing. Once the
proposed financial plan has been approved by the board of education,
such plan shall be submitted by the monitor to the commissioner for
approval and shall be deemed approved for the purposes of this act.
3. If the board of education and the monitor do not agree on all the
elements of the proposed financial plan, the board of education shall
conduct a public hearing on the proposed plan that details the elements
of disagreement between the monitor and the board, including documented
justification for such disagreements and any requested amendments from
the monitor. The proposed financial plan, elements of disagreement, and
requested amendments shall be made public on the district's website at
least three business days before such public hearing. After considering
the input of the community, the board may alter the proposed financial
plan and the monitor may alter his or her requested amendments, and the
monitor shall submit the proposed financial plan, his or her amendments
to the plan, and documentation providing justification for such disa-
greements and amendments to the commissioner no later than December
first, two thousand twenty. By January fifteenth, two thousand twenty-
one, the commissioner shall approve the proposed plan with any of the
monitor's proposed amendments, or make other modifications, he or she
deems appropriate. The board of education shall provide the commission-
er with any information he or she requests to approve such plan within
three business days of such request. Upon the approval of the commis-
sioner, the financial plan shall be deemed approved for purposes of this
act.
S. 7506--B 33 A. 9506--B
§ 6. Academic improvement plan. 1. No later than November first, two
thousand twenty, the board of education, the superintendent and the
monitor shall develop an academic improvement plan for the district's
two thousand twenty--two thousand twenty-one school year and the four
subsequent school years. The academic improvement plan shall contain a
series of programmatic recommendations designed to improve academic
performance over the period of the plan in those academic areas that the
commissioner deems to be in need of improvement which shall include
addressing the provisions contained in any action plan set forth by the
department.
2. If the board of education and the monitor agree on all the elements
of the proposed academic improvement plan, the board of education shall
conduct a public hearing on the plan and consider the input of the
community. The proposed academic improvement plan shall be made public
on the district's website at least three business days before such
public hearing. Once the proposed academic improvement plan has been
approved by the board of education, such plan shall be submitted by the
monitor to the commissioner for approval and shall be deemed approved
for the purposes of this act.
3. If the board of education and the monitor do not agree on all the
elements of the proposed academic improvement plan, the board of educa-
tion shall conduct a public hearing on the proposed plan that details
the elements of disagreement between the monitor and the board, includ-
ing documented justification for such disagreements and any requested
amendments from the monitor. The proposed academic improvement plan,
elements of disagreement, and requested amendments shall be made public
on the district's website at least three business days before such
public hearing. After considering the input of the community, the board
may alter the proposed academic improvement plan and the monitor may
alter his or her requested amendments, and the monitor shall submit the
proposed academic improvement plan, his or her amendments to the plan,
and documentation providing justification for such disagreements and
amendments to the commissioner no later than December first, two thou-
sand twenty. By January fifteenth, two thousand twenty-one, the commis-
sioner shall approve the proposed plan with any of the monitor's
proposed amendments, or make other modifications, he or she deems appro-
priate. The board of education shall provide the commissioner with any
information he or she requests to approve such plan within three busi-
ness days of such request. Upon the approval of the commissioner, the
academic improvement plan shall be deemed approved for purposes of this
act.
§ 7. Fiscal and operational oversight. 1. Starting with the proposed
budget for the two thousand twenty-one--two thousand twenty-two school
year, the board of education shall annually submit the school district's
proposed budget for the next succeeding school year to the monitor no
later than March first prior to the start of such next succeeding school
year. The monitor shall review the proposed budget to ensure that it is
balanced within the context of revenue and expenditure estimates and
mandated programs. The monitor shall also review the proposed budget to
ensure that it, to the greatest extent possible, is consistent with the
district academic improvement plan and financial plan developed and
approved pursuant to this act. The monitor shall present his or her
findings to the board of education and the commissioner no later than
forty-five days prior to the date scheduled for the board of education's
vote on the adoption of the final budget or the last date on which the
budget may be finally adopted, whichever is sooner. The commissioner
S. 7506--B 34 A. 9506--B
shall require the board of education to make amendments to the proposed
budget consistent with any recommendations made by the monitor if the
commissioner determines such amendments are necessary to comply with the
financial plan and academic improvement plan under this act. The school
district shall make available on the district's website: the initial
proposed budget, the monitor's findings, and the final proposed budget
at least seven days prior to the date of the school district's budget
hearing. The board of education shall provide the commissioner with any
information he or she requests in order to make a determination pursuant
to this subdivision within three business days of such request.
2. The district shall provide quarterly reports to the monitor and
annual reports to the commissioner and the board of regents on the
academic, fiscal, and operational status of the school district. In
addition, the monitor shall provide semi-annual reports to the commis-
sioner, board of regents, the governor, the temporary president of the
senate, and the speaker of the assembly on the academic, fiscal, and
operational status of the school district. Such semi-annual report
shall include all the contracts that the district entered into through-
out the year.
3. The monitor shall have the authority to disapprove travel outside
the state paid for by the district.
4. The monitor shall work with the district's shared decision-making
committee as defined in 8 NYCRR 100.11 in developing the academic
improvement plan, financial plan, district goals, implementation of
district priorities, and budgetary recommendations.
5. The monitor shall assist in resolving any disputes and conflicts,
including but not limited to, those between the superintendent and the
board of education and among the members of the board of education.
6. The monitor may recommend, and the board shall consider by vote of
a resolution at the next scheduled meeting of the board, cost saving
measures including, but not limited to, shared service agreements.
§ 8. The commissioner may overrule any decision of the monitor, except
for collective bargaining agreements negotiated in accordance with arti-
cle 14 of the civil service law, if he or she deems that such decision
is not aligned with the financial plan, academic improvement plan or
school district's budget.
§ 9. The monitor may notify the commissioner and the board in writing
when he or she deems the district is violating an element of the finan-
cial plan or academic improvement plan in this act. Within twenty days,
the commissioner shall determine whether the district is in violation of
any of the elements of the financial plan or academic improvement plan
highlighted by the monitor and shall order the district to comply imme-
diately with the plan and remedy any such violation. The school district
shall suspend all actions related to the potential violation of the
financial plan or academic improvement plan until the commissioner
issues a determination.
§ 10. Nothing in this act shall be construed to abrogate the duties
and responsibilities of the school district consistent with applicable
state law and regulations.
§ 11. The Rochester city school district shall be paid on an acceler-
ated schedule as follows:
a. (1) Notwithstanding any other provisions of law, for aid payable in
the school years 2019-2020 through 2048-2049 upon application to the
commissioner of education submitted not sooner than the second Monday in
June of the school year in which such aid is payable and not later than
the Friday following the third Monday in June of the school year in
S. 7506--B 35 A. 9506--B
which such aid is payable, or ten days after the effective date of this
act, whichever shall be later, provided, however, that for the 2019-20
school year such application shall be no later than May 11, 2020, the
Rochester city school district shall be eligible to receive an appor-
tionment pursuant to this act in an amount equal to the product of thir-
ty-five million dollars ($35,000,000) and the quotient of the positive
difference of thirty minus the number of school years elapsed since the
2019-2020 school year divided by thirty, provided, however, that for the
2019-20 school year such apportionment shall be paid to the Rochester
city school district no later than May 20, 2020.
(2) Funds apportioned pursuant to this subdivision shall be used for
services and expenses of the Rochester city school district and shall be
applied to support of its educational programs and any liability
incurred by such city school district in carrying out its functions and
responsibilities under the education law.
b. The claim for an apportionment to be paid to the Rochester city
school district pursuant to subdivision a of this section shall be
submitted to the commissioner of education on a form prescribed for such
purpose, and shall be payable upon determination by such commissioner
that the form has been submitted as prescribed and that the school
district has complied with the reporting requirements of this act. For
each school year in which application is made pursuant to subdivision a
of this section, such approved amount shall be payable on or before June
thirtieth of such school year upon the audit and warrant of the state
comptroller on vouchers certified or approved by the commissioner of
education in the manner prescribed by law from moneys in the state
lottery fund appropriated for general support of public schools and from
the general fund to the extent that the amount paid to the Rochester
city school district pursuant to this subdivision and subdivision a of
this section exceeds the amount of the moneys apportioned, if any, for
general support for public schools due such school district pursuant to
section 3609-a of the education law on or before September first of such
school year.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to the Rochester city school
district during the base year pursuant to subdivisions a and b of this
section shall first be deducted from payments due during the current
school year pursuant to subparagraphs (1), (2), (3), (4) and (5) of
paragraph a of subdivision 1 of section 3609-a of the education law in
the following order: the lottery apportionment payable pursuant to
subparagraph (2) of such paragraph followed by the fixed fall payments
payable pursuant to subparagraph (4) of such paragraph, and any remain-
der to be deducted from the individualized payments due to the district
pursuant to paragraph b of such subdivision shall be deducted on a chro-
nological basis starting with the earliest payment due the district.
d. Notwithstanding any other provisions of law, the sum of payments
made to the Rochester city school district during the base year pursuant
to subdivisions a and b of this section plus payments made to such
school district during the current year pursuant to section 3609-a of
the education law shall be deemed to truly represent all aids paid to
such school district during the current school year pursuant to such
section 3609-a for the purposes of computing any adjustments to such
aids that may occur in a subsequent school year.
e. (1) On or before the first day of each month beginning in July 2020
and ending in June 2050, the chief fiscal officer and the superintendent
of schools of the Rochester city school district shall prepare and
S. 7506--B 36 A. 9506--B
submit to the board of education a report of the fiscal condition of the
school district, including but not limited to the most current available
data on fund balances on funds maintained by the school district and the
district's use of the apportionments provided pursuant to subdivisions a
and b of this section.
(2) Such monthly report shall be in a format prescribed by the commis-
sioner of education. The board of education shall either reject and
return the report to the chief fiscal officer and the superintendent of
schools for appropriate revisions and resubmittal or shall approve the
report and submit copies to the commissioner of education and the state
comptroller of such approved report as submitted or resubmitted.
(3) In the 2019-2020 through 2048-2049 school years, the chief fiscal
officer of the Rochester city school district shall monitor all budgets
and for each budget, shall prepare a quarterly report of summarized
budget data depicting overall trends of actual revenues and budget
expenditures for the entire budget as well as individual line items.
Such report shall compare revenue estimates and appropriations as set
forth in such budget with the actual revenues and expenditures made to
date. All quarterly reports shall be accompanied by a recommendation
from the superintendent of schools or chief fiscal officer to the board
of education setting forth any remedial actions necessary to resolve any
unfavorable budget variance including the overestimation of revenue and
underestimation of appropriations. The chief fiscal officer shall also
prepare, as part of such report, a quarterly trial balance of general
ledger accounts in accordance with generally accepted accounting princi-
ples as prescribed by the state comptroller. All reports shall be
completed within sixty days after the end of each quarter and shall be
submitted to the chief fiscal officer and the board of education of the
Rochester city school district, the state division of budget, the office
of the state comptroller, the commissioner of education, the chair of
the assembly ways and means committee and the chair of the senate
finance committee.
§ 12. This act shall take effect immediately, provided, however, that
sections two, three, four, five, six, seven, eight, nine and ten of this
act shall expire and be deemed repealed June 30, 2023; and provided
further, however that sections one and eleven of this act shall expire
and be deemed repealed June 30, 2049.
PART D
Section 1. Paragraph h of subdivision 2 of section 355 of the educa-
tion law is amended by adding a new paragraph 4-a to read as follows:
(4-A) NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR PRACTICE TO THE
CONTRARY AND FOLLOWING THE REVIEW AND APPROVAL OF THE CHANCELLOR OF THE
STATE UNIVERSITY OR HIS OR HER DESIGNEE, THE BOARD OF TRUSTEES MAY RAISE
NON-RESIDENT UNDERGRADUATE RATES OF TUITION BY NOT MORE THAN TEN PERCENT
OVER THE TUITION RATES OF THE PRIOR ACADEMIC YEAR FOR THE FOLLOWING
DOCTORAL DEGREE GRANTING INSTITUTIONS OF THE STATE UNIVERSITY OF NEW
YORK: THE STATE UNIVERSITY OF NEW YORK COLLEGE OF ENVIRONMENTAL SCIENCE
AND FORESTRY AS DEFINED IN ARTICLE ONE HUNDRED TWENTY-ONE OF THIS CHAP-
TER, DOWNSTATE MEDICAL CENTER, UPSTATE MEDICAL CENTER, AND THE COLLEGE
OF TECHNOLOGY AT UTICA-ROME/STATE UNIVERSITY POLYTECHNIC INSTITUTE FOR A
FOUR YEAR PERIOD COMMENCING WITH THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY-THREE--
TWO THOUSAND TWENTY-FOUR ACADEMIC YEAR PROVIDED THAT SUCH RATE CHANGE IS
S. 7506--B 37 A. 9506--B
APPROVED ANNUALLY PRIOR TO BOARD OF TRUSTEES ACTION BY THE CHANCELLOR OF
THE STATE UNIVERSITY OR HIS OR HER DESIGNEE.
§ 2. This act shall take effect immediately.
PART E
Intentionally Omitted
PART F
Intentionally Omitted
PART G
Intentionally Omitted
PART H
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2021. Within this total amount, $150,000 shall be
used for the purpose of entering into a contract with the neighborhood
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$12,830,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2019-2020 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating (as determined by the state of
New York mortgage agency) required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer to be made as soon as practicable but no later than
June 30, 2020.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2021. Within this total amount, $150,000 shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article 16 of the private housing finance law. Notwithstanding any
other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any costs associated
S. 7506--B 38 A. 9506--B
with rural preservation program contracts authorized by this section, a
total sum not to exceed $5,360,000, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2020.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $21,000,000 for the fiscal year ending March
31, 2021. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$21,000,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2019-2020 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2020.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $42,641,000 for the fiscal year
ending March 31, 2021. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to exceed $42,641,000, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
S. 7506--B 39 A. 9506--B
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating as determined by
the state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2021.
§ 5. Notwithstanding any other provision of law, and in addition to
the powers currently authorized to be exercised by the state of New York
municipal bond bank agency, the state of New York municipal bond bank
agency may provide, for purposes of municipal relief to the city of
Albany, a sum not to exceed twelve million dollars for the city fiscal
year ending December 31, 2020, to the city of Albany. Notwithstanding
any other provision of law, and subject to the approval of the New York
state director of the budget, the state of New York mortgage agency
shall transfer to the state of New York municipal bond bank agency for
distribution as municipal relief to the city of Albany, a total sum not
to exceed twelve million dollars, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account, the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law, such transfer
to be made as soon as practicable no later than December 31, 2020, and
provided further that the New York state director of the budget may
request additional information from the city of Albany regarding the
utilization of these funds and the finances and operations of the city,
as appropriate.
§ 6. Notwithstanding any other provision of law, the department of law
may provide, for purposes of a homeowner protection program, or to qual-
ified grantees under such program, in accordance with the requirements
of such program, a sum not to exceed $10,000,000 for the fiscal year
ending March 31, 2021. Notwithstanding any other provision of law, and
subject to the approval of the New York state director of the budget,
the board of directors of the state of New York mortgage agency shall
authorize the transfer to the department of law, a total sum not to
exceed $10,000,000, such transfer to be made from (i) the special
account of the mortgage insurance fund created pursuant to section
2429-b of the public authorities law, in an amount not to exceed the
actual excess balance in the special account of the mortgage insurance
fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2019-2020 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating as determined by
S. 7506--B 40 A. 9506--B
the state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2021.
§ 7. This act shall take effect immediately.
PART I
Section 1. Subdivision c of section 8 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 16 of part K of chapter 36
of the laws of 2019, is amended to read as follows:
c. Whenever a city having a population of one million or more has
determined the existence of an emergency pursuant to section three of
this act, the provisions of this act and the New York city rent stabili-
zation law of nineteen hundred sixty-nine shall be administered by the
state division of housing and community renewal as provided in the New
York city rent stabilization law of nineteen hundred sixty-nine, as
amended, or as otherwise provided by law. The costs incurred by the
state division of housing and community renewal in administering such
regulation shall be paid by such city. All payments for such adminis-
tration shall be transmitted to the state division of housing and commu-
nity renewal as follows: on or after April first of each year commencing
with April, nineteen hundred eighty-four, the commissioner of housing
and community renewal, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
shall determine an amount necessary to defray the division's anticipated
annual cost, and one-quarter of such amount shall be paid by such city
on or before July first of such year, one-quarter of such amount on or
before October first of such year, one-quarter of such amount on or
before January first of the following year and one-quarter of such
amount on or before March thirty-first of the following year. After the
close of the fiscal year of the state, the commissioner, IN CONSULTATION
WITH THE DIRECTOR OF THE BUDGET, shall determine the amount of all actu-
al costs incurred in such fiscal year and shall certify such amount to
such city. If such certified amount shall differ from the amount paid by
the city for such fiscal year, appropriate adjustments shall be made in
the next quarterly payment to be made by such city. In the event that
the amount thereof is not paid to the commissioner, IN CONSULTATION WITH
THE DIRECTOR OF THE BUDGET, as herein prescribed, the commissioner, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, shall certify the unpaid
amount to the comptroller, and the comptroller shall, to the extent not
otherwise prohibited by law, withhold such amount from any state aid
payable to such city. In no event shall the amount imposed on the owners
exceed twenty dollars per unit per year.
§ 2. Subdivisions d and e of section 8 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, subdivision d as amended by section 16 of part K
of chapter 36 of the laws of 2019 and subdivision e as amended by
section 1 of part O of chapter 57 of the laws of 2009, are amended to
read as follows:
d. NOTWITHSTANDING SUBDIVISION C OF THIS SECTION OR ANY OTHER
PROVISION OF LAW TO THE CONTRARY, WHENEVER THE STATE HAS INCURRED ANY
COSTS AS A RESULT OF ADMINISTERING THE RENT REGULATION PROGRAM FOR A
CITY HAVING A POPULATION OF ONE MILLION OR MORE IN ACCORDANCE WITH
SUBDIVISION C OF THIS SECTION, ON OR AFTER APRIL FIRST OF EACH YEAR, THE
COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL, IN CONSULTATION WITH THE
S. 7506--B 41 A. 9506--B
DIRECTOR OF THE BUDGET, SHALL DETERMINE AN AMOUNT NECESSARY TO DEFRAY
THE STATE'S ANTICIPATED ANNUAL COST. IN THE EVENT THAT THE DIVISION DOES
NOT SEND A BILL TO THE CITY TO DEFRAY SUCH COSTS IN ACCORDANCE WITH
SUBDIVISION C OF THIS SECTION, IT SHALL SUBMIT TO THE CITY AN INVOICE
SHOWING ALL SUCH COSTS AS SOON AS PRACTICABLE AFTER THE START OF THE
STATE FISCAL YEAR IN WHICH THE COSTS ARE TO BE INCURRED. THE DIRECTOR OF
THE BUDGET MAY DIRECT ANY OTHER STATE AGENCY TO REDUCE THE AMOUNT OF ANY
OTHER PAYMENT OR PAYMENTS OWED TO SUCH CITY OR ANY DEPARTMENT, AGENCY,
OR INSTRUMENTALITY THEREOF; PROVIDED HOWEVER, THAT SUCH REDUCTION SHALL
BE MADE NO SOONER THAN THIRTY DAYS AFTER THE TRANSMITTAL OF THE INVOICE
OF COSTS, AND SHALL BE IN AN AMOUNT EQUAL TO THE COSTS INCURRED BY THE
STATE IN ADMINISTERING THE RENT REGULATION PROGRAM FOR SUCH CITY IN
ACCORDANCE WITH SUBDIVISION C OF THIS SECTION. WITHIN THIRTY DAYS OF
THE RECEIPT OF THE INVOICE OF COSTS, THE CITY MAY SEND TO THE DIVISION,
IN WRITTEN FORM, REQUESTS FOR ADDITIONAL INFORMATION RELATING TO SUCH
COSTS, INCLUDING ANY RECOMMENDATIONS ON WHICH LOCAL ASSISTANCE PAYMENT
WOULD BE REDUCED. IF THE DIRECTOR OF THE BUDGET MAKES SUCH DIRECTION IN
ACCORDANCE WITH THIS SUBDIVISION, THE IMPACTED CITY SHALL NOT MAKE THE
PAYMENTS REQUIRED BY SUBDIVISION C OF THIS SECTION, AND THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL NOTIFY SUCH CITY IN WRITING OF WHAT
PAYMENT OR PAYMENTS WILL BE REDUCED AND THE AMOUNT OF THE REDUCTION AND
SHALL SUBALLOCATE, AS NECESSARY, THE VALUE OF THE COSTS IT INCURRED TO
THE AGENCY OR AGENCIES WHICH REDUCES THE PAYMENTS TO SUCH CITY OR ANY
DEPARTMENT, AGENCY OR AUTHORITY THEREOF IN ACCORDANCE WITH THIS SUBDIVI-
SION.
E. The failure to pay the prescribed assessment not to exceed twenty
dollars per unit for any housing accommodation subject to this act or
the New York city rent stabilization law of nineteen hundred sixty-nine
shall constitute a charge due and owing such city, town or village which
has imposed an annual charge for each such housing accommodation pursu-
ant to subdivision b of this section. Any such city, town or village
shall be authorized to provide for the enforcement of the collection of
such charges by commencing an action or proceeding for the recovery of
such fees or by the filing of a lien upon the building and lot. Such
methods for the enforcement of the collection of such charges shall be
the sole remedy for the enforcement of this section.
[e.] F. The division shall maintain at least one office in each county
which is governed by the rent stabilization law of nineteen hundred
sixty-nine or this act; provided, however, that the division shall not
be required to maintain an office in the counties of Nassau, Rockland,
or Richmond.
§ 3. This act shall take effect immediately.
PART J
Section 1. The labor law is amended by adding a new section 196-b to
read as follows:
§ 196-B. SICK LEAVE REQUIREMENTS. 1. EVERY EMPLOYER SHALL BE REQUIRED
TO PROVIDE ITS EMPLOYEES WITH SICK LEAVE AS FOLLOWS:
A. FOR EMPLOYERS WITH FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR,
EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FORTY HOURS OF UNPAID SICK
LEAVE IN EACH CALENDAR YEAR; PROVIDED, HOWEVER, AN EMPLOYER THAT EMPLOYS
FOUR OR FEWER EMPLOYEES IN ANY CALENDAR YEAR AND THAT HAS A NET INCOME
OF GREATER THAN ONE MILLION DOLLARS IN THE PREVIOUS TAX YEAR SHALL
PROVIDE EACH EMPLOYEE WITH UP TO FORTY HOURS OF PAID SICK LEAVE PURSUANT
TO THIS SECTION;
S. 7506--B 42 A. 9506--B
B. FOR EMPLOYERS WITH BETWEEN FIVE AND NINETY-NINE EMPLOYEES IN ANY
CALENDAR YEAR, EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FORTY HOURS OF
PAID SICK LEAVE IN EACH CALENDAR YEAR; AND
C. FOR EMPLOYERS WITH ONE HUNDRED OR MORE EMPLOYEES IN ANY CALENDAR
YEAR, EACH EMPLOYEE SHALL BE PROVIDED WITH UP TO FIFTY-SIX HOURS OF PAID
SICK LEAVE EACH CALENDAR YEAR.
FOR PURPOSES OF DETERMINING THE NUMBER OF EMPLOYEES PURSUANT TO THIS
SUBDIVISION, A CALENDAR YEAR SHALL MEAN THE TWELVE-MONTH PERIOD FROM
JANUARY FIRST THROUGH DECEMBER THIRTY-FIRST. FOR ALL OTHER PURPOSES, A
CALENDAR YEAR SHALL EITHER MEAN THE TWELVE-MONTH PERIOD FROM JANUARY
FIRST THROUGH DECEMBER THIRTY-FIRST, OR A REGULAR AND CONSECUTIVE
TWELVE-MONTH PERIOD, AS DETERMINED BY AN EMPLOYER.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT OR PREVENT
AN EMPLOYER FROM PROVIDING AN AMOUNT OF SICK LEAVE, PAID OR UNPAID,
WHICH IS IN EXCESS OF THE REQUIREMENTS SET FORTH IN SUBDIVISION ONE OF
THIS SECTION, OR FROM ADOPTING A PAID LEAVE POLICY THAT PROVIDES ADDI-
TIONAL BENEFITS TO EMPLOYEES. AN EMPLOYER MAY ELECT TO PROVIDE ITS
EMPLOYEES WITH THE TOTAL AMOUNT OF SICK LEAVE REQUIRED TO FULFILL ITS
OBLIGATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION AT THE BEGINNING
OF THE CALENDAR YEAR, PROVIDED, HOWEVER THAT NO EMPLOYER SHALL BE
PERMITTED TO REDUCE OR REVOKE ANY SUCH SICK LEAVE BASED ON THE NUMBER OF
HOURS ACTUALLY WORKED BY AN EMPLOYEE DURING THE CALENDAR YEAR IF SUCH
EMPLOYER ELECTS PURSUANT TO THIS SUBDIVISION.
3. EMPLOYEES SHALL ACCRUE SICK LEAVE AT A RATE OF NOT LESS THAN ONE
HOUR PER EVERY THIRTY HOURS WORKED, BEGINNING AT THE COMMENCEMENT OF
EMPLOYMENT OR THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS LATER,
SUBJECT TO THE USE AND ACCRUAL LIMITATIONS SET FORTH IN THIS SECTION.
4. A. ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE AND UPON THE
ORAL OR WRITTEN REQUEST OF AN EMPLOYEE, AN EMPLOYER SHALL PROVIDE
ACCRUED SICK LEAVE FOR THE FOLLOWING PURPOSES:
(I) FOR A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH CONDITION OF
SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY MEMBER, REGARDLESS OF WHETHER
SUCH ILLNESS, INJURY, OR HEALTH CONDITION HAS BEEN DIAGNOSED OR REQUIRES
MEDICAL CARE AT THE TIME THAT SUCH EMPLOYEE REQUESTS SUCH LEAVE;
(II) FOR THE DIAGNOSIS, CARE, OR TREATMENT OF A MENTAL OR PHYSICAL
ILLNESS, INJURY OR HEALTH CONDITION OF, OR NEED FOR MEDICAL DIAGNOSIS
OF, OR PREVENTIVE CARE FOR, SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY
MEMBER; OR
(III) FOR AN ABSENCE FROM WORK DUE TO ANY OF THE FOLLOWING REASONS
WHEN THE EMPLOYEE OR EMPLOYEE'S FAMILY MEMBER HAS BEEN THE VICTIM OF
DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION THIRTY-FOUR OF SECTION TWO
HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, A FAMILY OFFENSE, SEXUAL
OFFENSE, STALKING, OR HUMAN TRAFFICKING:
(A) TO OBTAIN SERVICES FROM A DOMESTIC VIOLENCE SHELTER, RAPE CRISIS
CENTER, OR OTHER SERVICES PROGRAM;
(B) TO PARTICIPATE IN SAFETY PLANNING, TEMPORARILY OR PERMANENTLY
RELOCATE, OR TAKE OTHER ACTIONS TO INCREASE THE SAFETY OF THE EMPLOYEE
OR EMPLOYEE'S FAMILY MEMBERS;
(C) TO MEET WITH AN ATTORNEY OR OTHER SOCIAL SERVICES PROVIDER TO
OBTAIN INFORMATION AND ADVICE ON, AND PREPARE FOR OR PARTICIPATE IN ANY
CRIMINAL OR CIVIL PROCEEDING;
(D) TO FILE A COMPLAINT OR DOMESTIC INCIDENT REPORT WITH LAW ENFORCE-
MENT;
(E) TO MEET WITH A DISTRICT ATTORNEY'S OFFICE;
(F) TO ENROLL CHILDREN IN A NEW SCHOOL; OR
S. 7506--B 43 A. 9506--B
(G) TO TAKE ANY OTHER ACTIONS NECESSARY TO ENSURE THE HEALTH OR SAFETY
OF THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER OR TO PROTECT THOSE WHO
ASSOCIATE OR WORK WITH THE EMPLOYEE.
FOR PURPOSES OF THIS SUBDIVISION, THE REASONS OUTLINED ABOVE IN
SUBPARAGRAPH (A) THROUGH (G) MUST BE RELATED TO THE DOMESTIC VIOLENCE,
FAMILY OFFENSE, SEXUAL OFFENSE, STALKING, OR HUMAN TRAFFICKING. PROVIDED
FURTHER THAT A PERSON WHO HAS COMMITTED SUCH DOMESTIC VIOLENCE, FAMILY
OFFENSE, SEXUAL OFFENSE, STALKING, OR HUMAN TRAFFICKING SHALL NOT BE
ELIGIBLE FOR LEAVE UNDER THIS SUBDIVISION FOR SITUATIONS IN WHICH THE
PERSON COMMITTED SUCH OFFENSE AND WAS NOT A VICTIM, NOTWITHSTANDING ANY
FAMILY RELATIONSHIP.
B. FOR PURPOSES OF THIS SECTION, "FAMILY MEMBER" SHALL MEAN AN EMPLOY-
EE'S CHILD, SPOUSE, DOMESTIC PARTNER, PARENT, SIBLING, GRANDCHILD OR
GRANDPARENT; AND THE CHILD OR PARENT OF AN EMPLOYEE'S SPOUSE OR DOMESTIC
PARTNER. "PARENT" SHALL MEAN A BIOLOGICAL, FOSTER, STEP- OR ADOPTIVE
PARENT, OR A LEGAL GUARDIAN OF AN EMPLOYEE, OR A PERSON WHO STOOD IN
LOCO PARENTIS WHEN THE EMPLOYEE WAS A MINOR CHILD. "CHILD" SHALL MEAN A
BIOLOGICAL, ADOPTED OR FOSTER CHILD, A LEGAL WARD, OR A CHILD OF AN
EMPLOYEE STANDING IN LOCO PARENTIS.
5. A. AN EMPLOYER MAY NOT REQUIRE THE DISCLOSURE OF CONFIDENTIAL
INFORMATION RELATING TO A MENTAL OR PHYSICAL ILLNESS, INJURY, OR HEALTH
CONDITION OF SUCH EMPLOYEE OR SUCH EMPLOYEE'S FAMILY MEMBER, OR INFORMA-
TION RELATING TO ABSENCE FROM WORK DUE TO DOMESTIC VIOLENCE, A SEXUAL
OFFENSE, STALKING, OR HUMAN TRAFFICKING, AS A CONDITION OF PROVIDING
SICK LEAVE PURSUANT TO THIS SECTION.
B. AN EMPLOYER MAY SET A REASONABLE MINIMUM INCREMENT FOR THE USE OF
SICK LEAVE WHICH SHALL NOT EXCEED FOUR HOURS. EMPLOYEES SHALL RECEIVE
COMPENSATION AT HIS OR HER REGULAR RATE OF PAY, OR THE APPLICABLE MINI-
MUM WAGE ESTABLISHED PURSUANT TO SECTION SIX HUNDRED FIFTY-TWO OF THIS
CHAPTER, WHICHEVER IS GREATER, FOR THE USE OF PAID SICK LEAVE.
6. AN EMPLOYEE'S UNUSED SICK LEAVE SHALL BE CARRIED OVER TO THE
FOLLOWING CALENDAR YEAR, PROVIDED, HOWEVER, THAT: (I) AN EMPLOYER WITH
FEWER THAN ONE HUNDRED EMPLOYEES MAY LIMIT THE USE OF SICK LEAVE TO
FORTY HOURS PER CALENDAR YEAR; AND (II) AN EMPLOYER WITH ONE HUNDRED OR
MORE EMPLOYEES MAY LIMIT THE USE OF SICK LEAVE TO FIFTY-SIX HOURS PER
CALENDAR YEAR. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE AN
EMPLOYER TO PAY AN EMPLOYEE FOR UNUSED SICK LEAVE UPON SUCH EMPLOYEE'S
TERMINATION, RESIGNATION, RETIREMENT, OR OTHER SEPARATION FROM EMPLOY-
MENT.
7. NO EMPLOYER OR HIS OR HER AGENT, OR THE OFFICER OR AGENT OF ANY
CORPORATION, PARTNERSHIP, OR LIMITED LIABILITY COMPANY, OR ANY OTHER
PERSON, SHALL DISCHARGE, THREATEN, PENALIZE, OR IN ANY OTHER MANNER
DISCRIMINATE OR RETALIATE AGAINST ANY EMPLOYEE BECAUSE SUCH EMPLOYEE HAS
EXERCISED HIS OR HER RIGHTS AFFORDED UNDER THIS SECTION, INCLUDING, BUT
NOT LIMITED TO, REQUESTING SICK LEAVE AND USING SICK LEAVE, CONSISTENT
WITH THE PROVISIONS OF SECTION TWO HUNDRED FIFTEEN OF THIS CHAPTER.
8. AN EMPLOYER SHALL NOT BE REQUIRED TO PROVIDE ANY ADDITIONAL SICK
LEAVE PURSUANT TO THIS SECTION IF THE EMPLOYER HAS ADOPTED A SICK LEAVE
POLICY OR TIME OFF POLICY THAT PROVIDES EMPLOYEES WITH AN AMOUNT OF
LEAVE WHICH MEETS OR EXCEEDS THE REQUIREMENTS SET FORTH IN SUBDIVISION
ONE OF THIS SECTION AND SATISFIES THE ACCRUAL, CARRYOVER, AND USE
REQUIREMENTS OF THIS SECTION.
9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO: A. PROHIBIT A
COLLECTIVE BARGAINING AGREEMENT ENTERED INTO, ON OR AFTER THE EFFECTIVE
DATE OF THIS SECTION FROM, IN LIEU OF THE LEAVE PROVIDED FOR IN THIS
SECTION, PROVIDING A COMPARABLE BENEFIT FOR THE EMPLOYEES COVERED BY
S. 7506--B 44 A. 9506--B
SUCH AGREEMENT IN THE FORM OF PAID DAYS OFF; SUCH PAID DAYS OFF SHALL BE
IN THE FORM OF LEAVE, COMPENSATION, OTHER EMPLOYEE BENEFITS, OR SOME
COMBINATION THEREOF; OR
B. IMPEDE, INFRINGE, OR DIMINISH THE ABILITY OF A CERTIFIED COLLECTIVE
BARGAINING AGENT TO NEGOTIATE THE TERMS AND CONDITIONS OF SICK LEAVE
DIFFERENT FROM THE PROVISIONS OF THIS SECTION.
PROVIDED, HOWEVER, THAT IN THE CASE OF EITHER PARAGRAPH A OR B OF THIS
SUBDIVISION, THE AGREEMENT MUST SPECIFICALLY ACKNOWLEDGE THE PROVISIONS
OF THIS SECTION.
10. UPON RETURN TO WORK FOLLOWING ANY SICK LEAVE TAKEN PURSUANT TO
THIS SECTION, AN EMPLOYEE SHALL BE RESTORED BY HIS OR HER EMPLOYER TO
THE POSITION OF EMPLOYMENT HELD BY SUCH EMPLOYEE PRIOR TO ANY SICK LEAVE
TAKEN PURSUANT TO THIS SECTION WITH THE SAME PAY AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT.
11. UPON THE ORAL OR WRITTEN REQUEST OF AN EMPLOYEE, AN EMPLOYER SHALL
PROVIDE A SUMMARY OF THE AMOUNTS OF SICK LEAVE ACCRUED AND USED BY SUCH
EMPLOYEE IN THE CURRENT CALENDAR YEAR AND/OR ANY PREVIOUS CALENDAR YEAR.
THE EMPLOYER SHALL PROVIDE SUCH INFORMATION TO THE EMPLOYEE WITHIN THREE
BUSINESS DAYS OF SUCH REQUEST.
12. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT A CITY WITH
A POPULATION OF ONE MILLION OR MORE FROM ENACTING AND ENFORCING LOCAL
LAWS OR ORDINANCES WHICH MEET OR EXCEED THE STANDARD OR REQUIREMENTS FOR
MINIMUM HOUR AND USE SET FORTH IN THIS SECTION, AS DETERMINED BY THE
COMMISSIONER. ANY PAID SICK LEAVE BENEFITS PROVIDED BY A SICK LEAVE
PROGRAM ENFORCED BY A MUNICIPAL CORPORATION IN EFFECT AS OF THE EFFEC-
TIVE DATE OF THIS SECTION SHALL NOT BE DIMINISHED OR LIMITED AS A RESULT
OF THE ENACTMENT OF THIS SECTION.
13. THE COMMISSIONER SHALL HAVE AUTHORITY TO ADOPT REGULATIONS AND
ISSUE GUIDANCE TO EFFECTUATE ANY OF THE PROVISIONS OF THIS SECTION.
EMPLOYERS SHALL COMPLY WITH REGULATIONS AND GUIDANCE PROMULGATED BY THE
COMMISSIONER FOR THIS PURPOSE WHICH MAY INCLUDE BUT ARE NOT LIMITED TO
STANDARDS FOR THE ACCRUAL, USE, PAYMENT, AND EMPLOYEE ELIGIBILITY OF
SICK LEAVE.
14. THE DEPARTMENT SHALL CONDUCT A PUBLIC AWARENESS OUTREACH CAMPAIGN
WHICH SHALL INCLUDE MAKING INFORMATION AVAILABLE ON ITS WEBSITE AND
OTHERWISE INFORMING EMPLOYERS AND EMPLOYEES OF THE PROVISIONS OF THIS
SECTION.
§ 2. Subdivision 4 of section 195 of the labor law, as amended by
chapter 564 of the laws of 2010, is amended to read as follows:
4. establish, maintain and preserve for not less than six years
contemporaneous, true, and accurate payroll records showing for each
week worked the hours worked; the rate or rates of pay and basis there-
of, whether paid by the hour, shift, day, week, salary, piece, commis-
sion, or other; gross wages; deductions; allowances, if any, claimed as
part of the minimum wage; AMOUNT OF SICK LEAVE PROVIDED TO EACH EMPLOY-
EE; and net wages for each employee. For all employees who are not
exempt from overtime compensation as established in the commissioner's
minimum wage orders or otherwise provided by New York state law or regu-
lation, the payroll records shall include the regular hourly rate or
rates of pay, the overtime rate or rates of pay, the number of regular
hours worked, and the number of overtime hours worked. For all employees
paid a piece rate, the payroll records shall include the applicable
piece rate or rates of pay and number of pieces completed at each piece
rate;
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
S. 7506--B 45 A. 9506--B
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.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the department of labor may
promulgate rules and regulations to effectuate the purposes of this act,
on or before such effective date.
PART K
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part L of chapter 56 of the laws of 2019, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$148.00] $150.00 for each month beginning on or after
January first, two thousand [nineteen] TWENTY.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$171.00] $174.00 for each month beginning on
or after January first, two thousand [nineteen] TWENTY.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$204.00] $207.00 for each month
beginning on or after January first, two thousand [nineteen] TWENTY.
(d) for the period commencing January first, two thousand [twenty]
TWENTY-ONE, the monthly personal needs allowance shall be an amount
equal to the sum of the amounts set forth in subparagraphs one and two
of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [twenty] TWENTY-ONE, but prior to June thirtieth, two thousand
[twenty] TWENTY-ONE, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
L of chapter 56 of the laws of 2019, are amended to read as follows:
(a) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living alone, [$858.00] $870.00; and for an eligible
couple living alone, [$1,261.00] $1,279.00.
(b) On and after January first, two thousand [nineteen] TWENTY, for an
eligible individual living with others with or without in-kind income,
[$794.00] $806.00; and for an eligible couple living with others with or
without in-kind income, [$1,203.00] $1,221.00.
(c) On and after January first, two thousand [nineteen] TWENTY, (i)
for an eligible individual receiving family care, [$1,037.48] $1,049.48
if he or she is receiving such care in the city of New York or the coun-
ty of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, [$999.48]
S. 7506--B 46 A. 9506--B
$1,011.48; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
(d) On and after January first, two thousand [nineteen] TWENTY, (i)
for an eligible individual receiving residential care, [$1,206.00]
$1,218.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1,176.00] $1,188.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [nineteen] TWENTY, (i)
for an eligible individual receiving enhanced residential care,
[$1,465.00] $1,477.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty] TWENTY-ONE
but prior to June thirtieth, two thousand [twenty] TWENTY-ONE.
§ 3. This act shall take effect December 31, 2020.
PART L
Section 1. The family court act is amended by adding a new article 5-C
to read as follows:
ARTICLE 5-C
JUDGMENTS OF PARENTAGE OF CHILDREN CONCEIVED THROUGH ASSISTED
REPRODUCTION OR PURSUANT TO SURROGACY AGREEMENTS
PART 1. GENERAL PROVISIONS (581-101 - 581-102)
2. JUDGMENT OF PARENTAGE (581-201 - 581-206)
3. CHILD OF ASSISTED REPRODUCTION (581-301 - 581-307)
4. SURROGACY AGREEMENT (581-401 - 581-409)
5. PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES (581-501 -
581-502)
6. SURROGATES' BILL OF RIGHTS (581-601 - 581-607)
7. MISCELLANEOUS PROVISIONS (581-701 - 581-704)
PART 1
GENERAL PROVISIONS
SECTION 581-101. PURPOSE.
581-102. DEFINITIONS.
§ 581-101. PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO LEGALLY ESTAB-
LISH A CHILD'S RELATIONSHIP TO HIS OR HER PARENTS WHERE THE CHILD IS
CONCEIVED THROUGH ASSISTED REPRODUCTION EXCEPT FOR CHILDREN BORN TO A
PERSON ACTING AS SURROGATE WHO CONTRIBUTED THE EGG USED IN CONCEPTION.
THIS ARTICLE AND ALL GOVERNMENTAL MEASURES ADOPTED PURSUANT THERETO
SHOULD COMPLY WITH EXISTING LAWS ON REPRODUCTIVE HEALTH AND BODILY
INTEGRITY.
§ 581-102. DEFINITIONS. (A) "ASSISTED REPRODUCTION" MEANS A METHOD OF
CAUSING PREGNANCY OTHER THAN SEXUAL INTERCOURSE AND INCLUDES BUT IS NOT
LIMITED TO:
S. 7506--B 47 A. 9506--B
1. INTRAUTERINE OR VAGINAL INSEMINATION;
2. DONATION OF GAMETES;
3. DONATION OF EMBRYOS;
4. IN VITRO FERTILIZATION AND TRANSFER OF EMBRYOS; AND
5. INTRACYTOPLASMIC SPERM INJECTION.
(B) "CHILD" MEANS A BORN INDIVIDUAL OF ANY AGE WHOSE PARENTAGE MAY BE
DETERMINED UNDER THIS ACT OR OTHER LAW.
(C) "COMPENSATION" MEANS PAYMENT OF ANY VALUABLE CONSIDERATION IN
EXCESS OF REASONABLE MEDICAL AND ANCILLARY COSTS.
(D) "DONOR" MEANS AN INDIVIDUAL WHO DOES NOT INTEND TO BE A PARENT WHO
PRODUCES GAMETES AND PROVIDES THEM TO ANOTHER PERSON, OTHER THAN THE
INDIVIDUAL'S SPOUSE, FOR USE IN ASSISTED REPRODUCTION. THE TERM DOES
NOT INCLUDE A PERSON WHO IS A PARENT UNDER PART THREE OF THIS ARTICLE.
DONOR ALSO INCLUDES AN INDIVIDUAL WHO HAD DISPOSITIONAL CONTROL OF AN
EMBRYO OR GAMETES WHO THEN TRANSFERS DISPOSITIONAL CONTROL AND RELEASES
ALL PRESENT AND FUTURE PARENTAL AND INHERITANCE RIGHTS AND OBLIGATIONS
TO A RESULTING CHILD.
(E) "EMBRYO" MEANS A CELL OR GROUP OF CELLS CONTAINING A DIPLOID
COMPLEMENT OF CHROMOSOMES OR GROUP OF SUCH CELLS, NOT A GAMETE OR
GAMETES, THAT HAS THE POTENTIAL TO DEVELOP INTO A LIVE BORN HUMAN BEING
IF TRANSFERRED INTO THE BODY OF A PERSON UNDER CONDITIONS IN WHICH
GESTATION MAY BE REASONABLY EXPECTED TO OCCUR.
(F) "EMBRYO TRANSFER" MEANS ALL MEDICAL AND LABORATORY PROCEDURES THAT
ARE NECESSARY TO EFFECTUATE THE TRANSFER OF AN EMBRYO INTO THE UTERINE
CAVITY.
(G) "GAMETE" MEANS A CELL CONTAINING A HAPLOID COMPLEMENT OF DNA THAT
HAS THE POTENTIAL TO FORM AN EMBRYO WHEN COMBINED WITH ANOTHER GAMETE.
SPERM AND EGGS SHALL BE CONSIDERED GAMETES. A HUMAN GAMETE USED OR
INTENDED FOR REPRODUCTION MAY NOT CONTAIN NUCLEAR DNA THAT HAS BEEN
DELIBERATELY ALTERED, OR NUCLEAR DNA FROM ONE HUMAN COMBINED WITH THE
CYTOPLASM OR CYTOPLASMIC DNA OF ANOTHER HUMAN BEING.
(H) "INDEPENDENT ESCROW AGENT" MEANS SOMEONE OTHER THAN THE PARTIES TO
A SURROGACY AGREEMENT AND THEIR ATTORNEYS. AN INDEPENDENT ESCROW AGENT
CAN, BUT NEED NOT, BE A SURROGACY PROGRAM, PROVIDED SUCH SURROGACY
PROGRAM IS OWNED OR MANAGED BY AN ATTORNEY LICENSED TO PRACTICE LAW IN
THE STATE OF NEW YORK. IF SUCH INDEPENDENT ESCROW AGENT IS NOT ATTORNEY
OWNED, IT SHALL BE LICENSED, BONDED AND INSURED.
(I) "SURROGACY AGREEMENT" IS AN AGREEMENT BETWEEN AT LEAST ONE
INTENDED PARENT AND A PERSON ACTING AS SURROGATE INTENDED TO RESULT IN A
LIVE BIRTH WHERE THE CHILD WILL BE THE LEGAL CHILD OF THE INTENDED
PARENTS.
(J) "PERSON ACTING AS SURROGATE" MEANS AN ADULT PERSON, NOT AN
INTENDED PARENT, WHO ENTERS INTO A SURROGACY AGREEMENT TO BEAR A CHILD
WHO WILL BE THE LEGAL CHILD OF THE INTENDED PARENT OR PARENTS SO LONG AS
THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO CONCEIVE
THE RESULTING CHILD.
(K) "HEALTH CARE PRACTITIONER" MEANS AN INDIVIDUAL LICENSED OR CERTI-
FIED UNDER TITLE EIGHT OF THE EDUCATION LAW, OR A SIMILAR LAW OF ANOTHER
STATE OR COUNTRY, ACTING WITHIN HIS OR HER SCOPE OF PRACTICE.
(L) "INTENDED PARENT" IS AN INDIVIDUAL WHO MANIFESTS THE INTENT TO BE
LEGALLY BOUND AS THE PARENT OF A CHILD RESULTING FROM ASSISTED REPROD-
UCTION OR A SURROGACY AGREEMENT PROVIDED HE OR SHE MEETS THE REQUIRE-
MENTS OF THIS ARTICLE.
(M) "IN VITRO FERTILIZATION" MEANS THE FORMATION OF A HUMAN EMBRYO
OUTSIDE THE HUMAN BODY.
S. 7506--B 48 A. 9506--B
(N) "PARENT" AS USED IN THIS ARTICLE MEANS AN INDIVIDUAL WITH A
PARENT-CHILD RELATIONSHIP CREATED OR RECOGNIZED UNDER THIS ACT OR OTHER
LAW.
(O) "PARTICIPANT" IS AN INDIVIDUAL WHO EITHER: PROVIDES A GAMETE THAT
IS USED IN ASSISTED REPRODUCTION, IS AN INTENDED PARENT, IS A PERSON
ACTING AS SURROGATE, OR IS THE SPOUSE OF AN INTENDED PARENT OR PERSON
ACTING AS SURROGATE.
(P) "RECORD" MEANS INFORMATION INSCRIBED IN A TANGIBLE MEDIUM OR
STORED IN AN ELECTRONIC OR OTHER MEDIUM THAT IS RETRIEVABLE IN PERCEIVA-
BLE FORM.
(Q) "RETRIEVAL" MEANS THE PROCUREMENT OF EGGS OR SPERM FROM A GAMETE
PROVIDER.
(R) "SPOUSE" MEANS AN INDIVIDUAL MARRIED TO ANOTHER, OR WHO HAS A
LEGAL RELATIONSHIP ENTERED INTO UNDER THE LAWS OF THE UNITED STATES OR
OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, WHICH IS SUBSTANTIALLY
EQUIVALENT TO A MARRIAGE, INCLUDING A CIVIL UNION OR DOMESTIC PARTNER-
SHIP.
(S) "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
(T) "TRANSFER" MEANS THE PLACEMENT OF AN EMBRYO OR GAMETES INTO THE
BODY OF A PERSON WITH THE INTENT TO ACHIEVE PREGNANCY AND LIVE BIRTH.
PART 2
JUDGMENT OF PARENTAGE
SECTION 581-201. JUDGMENT OF PARENTAGE.
581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD
CONCEIVED PURSUANT TO A SURROGACY AGREEMENT.
581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE
SPOUSES.
581-205. INSPECTION OF RECORDS.
581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION.
§ 581-201. JUDGMENT OF PARENTAGE. (A) A CIVIL PROCEEDING MAY BE MAIN-
TAINED TO ADJUDICATE THE PARENTAGE OF A CHILD UNDER THE CIRCUMSTANCES
SET FORTH IN THIS ARTICLE. THIS PROCEEDING IS GOVERNED BY THE CIVIL
PRACTICE LAW AND RULES.
(B) A JUDGMENT OF PARENTAGE MAY BE ISSUED PRIOR TO BIRTH BUT SHALL NOT
BECOME EFFECTIVE UNTIL THE BIRTH OF THE CHILD.
(C) A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION MAY BE INITIATED BY (1) A CHILD,
OR (2) A PARENT, OR (3) A PARTICIPANT, OR (4) A PERSON WITH A CLAIM TO
PARENTAGE, OR (5) SOCIAL SERVICES OFFICIAL OR OTHER GOVERNMENTAL AGENCY
AUTHORIZED BY OTHER LAW, OR (6) A REPRESENTATIVE AUTHORIZED BY LAW TO
ACT FOR AN INDIVIDUAL WHO WOULD OTHERWISE BE ENTITLED TO MAINTAIN A
PROCEEDING BUT WHO IS DECEASED, INCAPACITATED, OR A MINOR, IN ORDER TO
LEGALLY ESTABLISH THE CHILD-PARENT RELATIONSHIP OF EITHER A CHILD BORN
THROUGH ASSISTED REPRODUCTION UNDER PART THREE OF THIS ARTICLE OR A
CHILD BORN PURSUANT TO A SURROGACY AGREEMENT UNDER PART FOUR OF THIS
ARTICLE.
§ 581-202. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION. (A) A PROCEEDING FOR A JUDGMENT OF
PARENTAGE WITH RESPECT TO A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION MAY BE COMMENCED:
S. 7506--B 49 A. 9506--B
(1) IF THE INTENDED PARENT OR CHILD RESIDES IN NEW YORK STATE, IN THE
COUNTY WHERE THE INTENDED PARENT RESIDES ANY TIME AFTER PREGNANCY IS
ACHIEVED OR IN THE COUNTY WHERE THE CHILD WAS BORN OR RESIDES; OR
(2) IF THE INTENDED PARENT AND CHILD DO NOT RESIDE IN NEW YORK STATE,
UP TO NINETY DAYS AFTER THE BIRTH OF THE CHILD IN THE COUNTY WHERE THE
CHILD WAS BORN.
(B) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED.
(C) WHERE A PETITION INCLUDES THE FOLLOWING TRUTHFUL STATEMENTS, THE
COURT SHALL ADJUDICATE THE INTENDED PARENT TO BE THE PARENT OF THE
CHILD:
(1) A STATEMENT THAT AN INTENDED PARENT HAS BEEN A RESIDENT OF THE
STATE FOR AT LEAST SIX MONTHS OR IF AN INTENDED PARENT IS NOT A NEW YORK
STATE RESIDENT, THAT THE CHILD WILL BE OR WAS BORN IN THE STATE WITHIN
NINETY DAYS OF FILING; AND
(2) A STATEMENT FROM THE GESTATING INTENDED PARENT THAT THE GESTATING
INTENDED PARENT BECAME PREGNANT AS A RESULT OF ASSISTED REPRODUCTION;
AND
(3) IN CASES WHERE THERE IS A NON-GESTATING INTENDED PARENT, A STATE-
MENT FROM THE GESTATING INTENDED PARENT AND NON-GESTATING INTENDED
PARENT THAT THE NON-GESTATING INTENDED PARENT CONSENTED TO ASSISTED
REPRODUCTION PURSUANT TO SECTION 581-304 OF THIS ARTICLE; AND
(4) PROOF OF ANY DONOR'S DONATIVE INTENT.
(D) THE FOLLOWING SHALL BE DEEMED SUFFICIENT PROOF OF A DONOR'S DONA-
TIVE INTENT FOR PURPOSES OF THIS SECTION:
(1) IN THE CASE OF AN ANONYMOUS DONOR OR WHERE GAMETES OR EMBRYOS HAVE
PREVIOUSLY BEEN RELEASED TO A GAMETE OR EMBRYO STORAGE FACILITY OR IN
THE PRESENCE OF A HEALTH CARE PRACTITIONER, EITHER:
(I) A STATEMENT OR DOCUMENTATION FROM THE GAMETE OR EMBRYO STORAGE
FACILITY OR HEALTH CARE PRACTITIONER STATING OR DEMONSTRATING THAT SUCH
GAMETES OR EMBRYOS WERE ANONYMOUSLY DONATED OR HAD PREVIOUSLY BEEN
RELEASED; OR
(II) CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
INTENDED TO DONATE GAMETES OR EMBRYOS ANONYMOUSLY OR INTENDED TO RELEASE
SUCH GAMETES OR EMBRYOS TO A GAMETE OR EMBRYO STORAGE FACILITY OR HEALTH
CARE PRACTITIONER; OR
(2) IN THE CASE OF A DONATION FROM A KNOWN DONOR, EITHER: A. A RECORD
FROM THE GAMETE OR EMBRYO DONOR ACKNOWLEDGING THE DONATION AND CONFIRM-
ING THAT THE DONOR HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE
GAMETES OR EMBRYOS. THE RECORD SHALL BE SIGNED BY THE GESTATING
INTENDED PARENT AND THE GAMETE OR EMBRYO DONOR. THE RECORD MAY BE, BUT
IS NOT REQUIRED TO BE, SIGNED:
(I) BEFORE A NOTARY PUBLIC, OR
(II) BEFORE TWO WITNESSES WHO ARE NOT THE INTENDED PARENTS, OR
(III) BEFORE A HEALTH CARE PRACTITIONER; OR
B. CLEAR AND CONVINCING EVIDENCE THAT THE GAMETE OR EMBRYO DONOR
AGREED, PRIOR TO CONCEPTION, WITH THE GESTATING PARENT THAT THE DONOR
HAS NO PARENTAL OR PROPRIETARY INTEREST IN THE GAMETES OR EMBRYOS.
(E)(1) IN THE ABSENCE OF EVIDENCE PURSUANT TO PARAGRAPH TWO OF THIS
SUBDIVISION, NOTICE SHALL BE GIVEN TO THE DONOR AT LEAST TWENTY DAYS
PRIOR TO THE DATE SET FOR THE PROCEEDING TO DETERMINE THE EXISTENCE OF
DONATIVE INTENT BY DELIVERY OF A COPY OF THE PETITION AND NOTICE PURSU-
ANT TO SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
UPON A SHOWING TO THE COURT, BY AFFIDAVIT OR OTHERWISE, ON OR BEFORE THE
DATE OF THE PROCEEDING OR WITHIN SUCH FURTHER TIME AS THE COURT MAY
ALLOW, THAT PERSONAL SERVICE CANNOT BE EFFECTED AT THE DONOR'S LAST
KNOWN ADDRESS WITH REASONABLE EFFORT, NOTICE MAY BE GIVEN, WITHOUT PRIOR
S. 7506--B 50 A. 9506--B
COURT ORDER THEREFORE, AT LEAST TWENTY DAYS PRIOR TO THE PROCEEDING BY
REGISTERED OR CERTIFIED MAIL DIRECTED TO THE DONOR'S LAST KNOWN ADDRESS.
NOTICE BY PUBLICATION SHALL NOT BE REQUIRED TO BE GIVEN TO A DONOR ENTI-
TLED TO NOTICE PURSUANT TO THE PROVISIONS OF THIS SECTION.
(2) NOTWITHSTANDING THE ABOVE, WHERE SPERM IS PROVIDED UNDER THE
SUPERVISION OF A HEALTH CARE PRACTITIONER TO SOMEONE OTHER THAN THE
SPERM PROVIDER'S INTIMATE PARTNER OR SPOUSE WITHOUT A RECORD OF THE
SPERM PROVIDER'S INTENT TO PARENT NOTICE IS NOT REQUIRED.
(F) IN CASES NOT COVERED BY SUBDIVISION (C) OF THIS SECTION, THE COURT
SHALL ADJUDICATE THE PARENTAGE OF THE CHILD CONSISTENT WITH PART THREE
OF THIS ARTICLE.
(G) WHERE THE REQUIREMENTS OF SUBDIVISION (C) OF THIS SECTION ARE MET
OR WHERE THE COURT FINDS THE INTENDED PARENT TO BE A PARENT UNDER SUBDI-
VISION (E) OF THIS SECTION, THE COURT SHALL ISSUE A JUDGMENT OF PARENT-
AGE:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD, THE INTENDED PARENT
OR PARENTS IS OR ARE THE LEGAL PARENT OR PARENTS OF THE CHILD; AND
(2) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
(3) IF THERE IS A DONOR, ORDERING THAT THE DONOR IS NOT A PARENT OF
THE CHILD; AND
(4) ORDERING THAT:
(I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
THE CLERK OF THE COURT SHALL TRANSMIT TO THE STATE COMMISSIONER OF
HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
AS MAY ASSIST IN IDENTIFYING THE BIRTH RECORD OF THE PERSON WHOSE
PARENTAGE WAS IN ISSUE AND, IF SUCH PERSON WHOSE PARENTAGE HAS BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
FORTHWITH TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES
PURSUANT TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES
LAW A NOTIFICATION OF SUCH DETERMINATION; AND
(II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
OF A JUDGMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND THE BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE EXCEPT THAT IT MAY BE RENDERED ACCESSIBLE
TO THE CHILD AT EIGHTEEN YEARS OF AGE OR THE LEGAL PARENT OR PARENTS.
§ 581-203. PROCEEDING FOR JUDGMENT OF PARENTAGE OF A CHILD CONCEIVED
PURSUANT TO A SURROGACY AGREEMENT. (A) THE PROCEEDING MAY BE COMMENCED
(1) IN ANY COUNTY WHERE AN INTENDED PARENT RESIDED ANY TIME AFTER THE
SURROGACY AGREEMENT WAS EXECUTED; (2) IN THE COUNTY WHERE THE CHILD WAS
BORN OR RESIDES; OR (3) IN THE COUNTY WHERE THE SURROGATE RESIDED ANY
TIME AFTER THE SURROGACY AGREEMENT WAS EXECUTED.
(B) THE PROCEEDING MAY BE COMMENCED AT ANY TIME AFTER THE SURROGACY
AGREEMENT HAS BEEN EXECUTED AND THE PERSON ACTING AS SURROGATE AND ALL
INTENDED PARENTS ARE NECESSARY PARTIES.
(C) THE PETITION FOR A JUDGMENT OF PARENTAGE MUST BE VERIFIED AND
INCLUDE THE FOLLOWING:
S. 7506--B 51 A. 9506--B
(1) A STATEMENT THAT THE PERSON ACTING AS SURROGATE OR AT LEAST ONE OF
THE INTENDED PARENTS HAS BEEN A RESIDENT OF THE STATE FOR AT LEAST SIX
MONTHS AT THE TIME THE SURROGACY AGREEMENT WAS EXECUTED; AND
(2) A CERTIFICATION FROM THE ATTORNEY REPRESENTING THE INTENDED PARENT
OR PARENTS AND THE ATTORNEY REPRESENTING THE PERSON ACTING AS SURROGATE
THAT THE REQUIREMENTS OF PART FOUR OF THIS ARTICLE HAVE BEEN MET; AND
(3) A STATEMENT FROM ALL PARTIES TO THE SURROGACY AGREEMENT THAT THEY
KNOWINGLY AND VOLUNTARILY ENTERED INTO THE SURROGACY AGREEMENT AND THAT
THE PARTIES ARE JOINTLY REQUESTING THE JUDGMENT OF PARENTAGE.
(D) WHERE THE COURT FINDS THE STATEMENTS REQUIRED BY SUBDIVISION (C)
OF THIS SECTION TO BE TRUE, THE COURT SHALL ISSUE A JUDGMENT OF PARENT-
AGE, WITHOUT ADDITIONAL PROCEEDINGS OR DOCUMENTATION:
(1) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE INTENDED PARENT OR PARENTS ARE THE ONLY
LEGAL PARENT OR PARENTS OF THE CHILD;
(2) DECLARING, THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM
OF THE SURROGACY AGREEMENT, THE PERSON ACTING AS SURROGATE, AND THE
SPOUSE OF THE PERSON ACTING AS SURROGATE, IF ANY, IS NOT THE LEGAL
PARENT OF THE CHILD;
(3) DECLARING THAT UPON THE BIRTH OF THE CHILD BORN DURING THE TERM OF
THE SURROGACY AGREEMENT, THE DONORS, IF ANY, ARE NOT THE PARENTS OF THE
CHILD;
(4) ORDERING THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE
PERSON ACTING AS SURROGATE, IF ANY, TO TRANSFER THE CHILD TO THE
INTENDED PARENT OR PARENTS IF THIS HAS NOT ALREADY OCCURRED;
(5) ORDERING THE INTENDED PARENT OR PARENTS TO ASSUME RESPONSIBILITY
FOR THE MAINTENANCE AND SUPPORT OF THE CHILD IMMEDIATELY UPON THE BIRTH
OF THE CHILD; AND
(6) ORDERING THAT:
(I) PURSUANT TO SECTION TWO HUNDRED FIFTY-FOUR OF THE JUDICIARY LAW,
THE CLERK OF THE COURT SHALL TRANSMIT TO THE STATE COMMISSIONER OF
HEALTH, OR FOR A PERSON BORN IN NEW YORK CITY, TO THE COMMISSIONER OF
HEALTH OF THE CITY OF NEW YORK, ON A FORM PRESCRIBED BY THE COMMISSION-
ER, A WRITTEN NOTIFICATION OF SUCH ENTRY TOGETHER WITH SUCH OTHER FACTS
AS MAY ASSIST IN IDENTIFYING THE BIRTH RECORD OF THE PERSON WHOSE
PARENTAGE WAS IN ISSUE AND, IF THE PERSON WHOSE PARENTAGE HAS BEEN
DETERMINED IS UNDER EIGHTEEN YEARS OF AGE, THE CLERK SHALL ALSO TRANSMIT
TO THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL SERVICES PURSUANT
TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL SERVICES LAW A
NOTIFICATION OF THE DETERMINATION; AND
(II) PURSUANT TO SECTION FORTY-ONE HUNDRED THIRTY-EIGHT OF THE PUBLIC
HEALTH LAW AND NYC PUBLIC HEALTH CODE SECTION 207.05 THAT UPON RECEIPT
OF A JUDGEMENT OF PARENTAGE THE LOCAL REGISTRAR WHERE A CHILD IS BORN
WILL REPORT THE PARENTAGE OF THE CHILD TO THE APPROPRIATE DEPARTMENT OF
HEALTH IN CONFORMITY WITH THE COURT ORDER. IF AN ORIGINAL BIRTH CERTIF-
ICATE HAS ALREADY BEEN ISSUED, THE APPROPRIATE DEPARTMENT OF HEALTH WILL
AMEND THE BIRTH CERTIFICATE IN AN EXPEDITED MANNER AND SEAL THE PREVI-
OUSLY ISSUED BIRTH CERTIFICATE EXCEPT THAT IT MAY BE RENDERED ACCESSIBLE
TO THE CHILD AT EIGHTEEN YEARS OF AGE OR THE LEGAL PARENT OR PARENTS.
(E) IN THE EVENT THE CERTIFICATION REQUIRED BY PARAGRAPH TWO OF SUBDI-
VISION (C) OF THIS SECTION CANNOT BE MADE BECAUSE OF A TECHNICAL OR
NON-MATERIAL DEVIATION FROM THE REQUIREMENTS OF THIS ARTICLE; THE COURT
MAY NEVERTHELESS ENFORCE THE AGREEMENT AND ISSUE A JUDGMENT OF PARENTAGE
IF THE COURT DETERMINES THE AGREEMENT IS IN SUBSTANTIAL COMPLIANCE WITH
THE REQUIREMENTS OF THIS ARTICLE. IN THE EVENT THAT ANY OTHER REQUIRE-
S. 7506--B 52 A. 9506--B
MENTS OF SUBDIVISION (C) OF THIS SECTION ARE NOT MET, THE COURT SHALL
DETERMINE PARENTAGE ACCORDING TO PART FOUR OF THIS ARTICLE.
§ 581-204. JUDGMENT OF PARENTAGE FOR INTENDED PARENTS WHO ARE SPOUSES.
NOTWITHSTANDING OR WITHOUT LIMITATION ON PRESUMPTIONS OF PARENTAGE THAT
APPLY, A JUDGMENT OF PARENTAGE MAY BE OBTAINED UNDER THIS PART BY
INTENDED PARENTS WHO ARE EACH OTHER'S SPOUSE. NOTHING IN THIS SECTION
REQUIRES INTENDED PARENTS TO BE MARRIED TO EACH OTHER IN ORDER TO BE
JOINTLY DECLARED THE PARENTS OF THE CHILD.
§ 581-205. INSPECTION OF RECORDS. COURT RECORDS RELATING TO
PROCEEDINGS UNDER THIS ARTICLE SHALL BE SEALED, PROVIDED, HOWEVER, THAT
THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, A CHILD SUPPORT UNIT
OF A SOCIAL SERVICES DISTRICT OR A CHILD SUPPORT AGENCY OF ANOTHER STATE
PROVIDING CHILD SUPPORT SERVICES PURSUANT TO TITLE IV-D OF THE FEDERAL
SOCIAL SECURITY ACT, WHEN A PARTY TO A RELATED SUPPORT PROCEEDING AND TO
THE EXTENT NECESSARY TO PROVIDE CHILD SUPPORT SERVICES OR FOR THE ADMIN-
ISTRATION OF THE PROGRAM PURSUANT TO TITLE IV-D OF THE FEDERAL SOCIAL
SECURITY ACT, MAY OBTAIN A COPY OF A JUDGMENT OF PARENTAGE. THE PARTIES
TO THE PROCEEDING AND THE CHILD SHALL HAVE THE RIGHT TO INSPECT AND
MAKE COPIES OF THE ENTIRE COURT RECORD, INCLUDING, BUT NOT LIMITED
TO, THE NAME OF THE PERSON ACTING AS SURROGATE AND ANY KNOWN DONORS.
§ 581-206. JURISDICTION, AND EXCLUSIVE CONTINUING JURISDICTION. (A)
PROCEEDINGS PURSUANT TO THIS ARTICLE MAY BE INSTITUTED IN THE SUPREME OR
FAMILY COURT OR SURROGATES COURT.
(B) SUBJECT TO THE JURISDICTIONAL STANDARDS OF SECTION SEVENTY-SIX OF
THE DOMESTIC RELATIONS LAW, THE COURT CONDUCTING A PROCEEDING UNDER THIS
ARTICLE HAS EXCLUSIVE, CONTINUING JURISDICTION OF ALL MATTERS RELATING
TO THE DETERMINATION OF PARENTAGE UNTIL THE CHILD ATTAINS THE AGE OF ONE
HUNDRED EIGHTY DAYS.
PART 3
CHILD OF ASSISTED REPRODUCTION
SECTION 581-301. SCOPE OF ARTICLE.
581-302. STATUS OF DONOR.
581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION.
581-304. CONSENT TO ASSISTED REPRODUCTION.
581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION.
581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSI-
TIONAL CONTROL TO ONE INTENDED PARENT.
581-307. EFFECT OF DEATH OF INTENDED PARENT.
§ 581-301. SCOPE OF ARTICLE. THIS ARTICLE DOES NOT APPLY TO THE BIRTH
OF A CHILD CONCEIVED BY MEANS OF SEXUAL INTERCOURSE.
§ 581-302. STATUS OF DONOR. A DONOR IS NOT A PARENT OF A CHILD
CONCEIVED BY MEANS OF ASSISTED REPRODUCTION WHERE THERE IS PROOF OF
DONATIVE INTENT UNDER SUBDIVISION (D) OF SECTION 581-202 OF THIS ARTI-
CLE.
§ 581-303. PARENTAGE OF CHILD OF ASSISTED REPRODUCTION. (A) AN INDI-
VIDUAL WHO PROVIDES GAMETES FOR, OR WHO CONSENTS TO, ASSISTED REPROD-
UCTION WITH THE INTENT TO BE A PARENT OF THE CHILD WITH THE CONSENT OF
THE GESTATING PARENT AS PROVIDED IN SECTION 581-304 OF THIS PART, IS A
PARENT OF THE RESULTING CHILD FOR ALL LEGAL PURPOSES.
(B) THE COURT SHALL ISSUE A JUDGMENT OF PARENTAGE PURSUANT TO THIS
ARTICLE UPON APPLICATION BY ANY PARTICIPANT.
§ 581-304. CONSENT TO ASSISTED REPRODUCTION. (A) WHERE THE INTENDED
PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF ASSISTED REPRODUCTION IS A
S. 7506--B 53 A. 9506--B
SPOUSE, THE CONSENT OF BOTH SPOUSES TO THE ASSISTED REPRODUCTION IS
PRESUMED AND NEITHER SPOUSE MAY CHALLENGE THE PARENTAGE OF THE CHILD,
EXCEPT AS PROVIDED IN SECTION 581-305 OF THIS PART.
(B) WHERE THE INTENDED PARENT WHO GIVES BIRTH TO A CHILD BY MEANS OF
ASSISTED REPRODUCTION IS NOT A SPOUSE, THE CONSENT TO THE ASSISTED
REPRODUCTION MUST BE IN A RECORD IN SUCH A MANNER AS TO INDICATE THE
MUTUAL AGREEMENT OF THE INTENDED PARENTS TO CONCEIVE AND PARENT A CHILD
TOGETHER.
(C) THE ABSENCE OF A RECORD DESCRIBED IN SUBDIVISION (B) OF THIS
SECTION SHALL NOT PRECLUDE A FINDING THAT SUCH CONSENT EXISTED IF THE
COURT FINDS BY CLEAR AND CONVINCING EVIDENCE THAT AT THE TIME OF THE
ASSISTED REPRODUCTION THE INTENDED PARENTS AGREED TO CONCEIVE AND PARENT
THE CHILD TOGETHER.
§ 581-305. LIMITATION ON SPOUSES' DISPUTE OF PARENTAGE OF CHILD OF
ASSISTED REPRODUCTION. (A) NEITHER SPOUSE MAY CHALLENGE THE MARITAL
PRESUMPTION OF PARENTAGE OF A CHILD CREATED BY ASSISTED REPRODUCTION
DURING THE MARRIAGE UNLESS THE COURT FINDS BY CLEAR AND CONVINCING
EVIDENCE THAT ONE SPOUSE USED ASSISTED REPRODUCTION WITHOUT THE KNOW-
LEDGE AND CONSENT OF THE OTHER SPOUSE.
(B) NOTWITHSTANDING THE FOREGOING, A MARRIED INDIVIDUAL MAY USE
ASSISTED REPRODUCTION AND THE MARITAL PRESUMPTION SHALL NOT APPLY IF THE
SPOUSES:
(1) ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDGMENT OF
SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION SUBSCRIBED
BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM REQUIRED
TO ENTITLE A DEED TO BE RECORDED; OR
(2) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS PRIOR
TO THE USE OF ASSISTED REPRODUCTION.
(C) THE LIMITATION PROVIDED IN THIS SECTION APPLIES TO A SPOUSAL
RELATIONSHIP THAT HAS BEEN DECLARED INVALID AFTER ASSISTED REPRODUCTION
OR ARTIFICIAL INSEMINATION.
§ 581-306. EFFECT OF EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WHICH TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL CONTROL TO ONE
INTENDED PARENT. (A) AN EMBRYO DISPOSITION AGREEMENT BETWEEN INTENDED
PARENTS WITH JOINT DISPOSITIONAL CONTROL OF AN EMBRYO SHALL BE BINDING
UNDER THE FOLLOWING CIRCUMSTANCES:
(1) IT IS IN WRITING;
(2) EACH INTENDED PARENT HAD THE ADVICE OF INDEPENDENT LEGAL COUNSEL
PRIOR TO ITS EXECUTION, WHICH MAY BE PAID FOR BY EITHER INTENDED PARENT;
AND
(3) WHERE THE INTENDED PARENTS ARE MARRIED, TRANSFER OF LEGAL RIGHTS
AND DISPOSITIONAL CONTROL OCCURS ONLY UPON DIVORCE.
(B) THE INTENDED PARENT WHO TRANSFERS LEGAL RIGHTS AND DISPOSITIONAL
CONTROL OF THE EMBRYO IS NOT A PARENT OF ANY CHILD CONCEIVED FROM THE
EMBRYO UNLESS THE AGREEMENT STATES THAT HE OR SHE CONSENTS TO BE A
PARENT AND THAT CONSENT IS NOT WITHDRAWN CONSISTENT WITH SUBDIVISION (C)
OF THIS SECTION.
(C) IF THE INTENDED PARENT TRANSFERRING LEGAL RIGHTS AND DISPOSITIONAL
CONTROL CONSENTS TO BE A PARENT, HE OR SHE MAY WITHDRAW HIS OR HER
CONSENT TO BE A PARENT UPON WRITTEN NOTICE TO THE EMBRYO STORAGE FACILI-
TY AND TO THE OTHER INTENDED PARENT PRIOR TO TRANSFER OF THE EMBRYO. IF
HE OR SHE TIMELY WITHDRAWS CONSENT TO BE A PARENT HE OR SHE IS NOT A
PARENT FOR ANY PURPOSE INCLUDING SUPPORT OBLIGATIONS BUT THE EMBRYO
TRANSFER MAY STILL PROCEED.
(D) AN EMBRYO DISPOSITION AGREEMENT OR ADVANCE DIRECTIVE THAT IS NOT
IN COMPLIANCE WITH SUBDIVISION (A) OF THIS SECTION MAY STILL BE FOUND TO
S. 7506--B 54 A. 9506--B
BE ENFORCEABLE BY THE COURT AFTER BALANCING THE RESPECTIVE INTERESTS OF
THE PARTIES EXCEPT THAT THE INTENDED PARENT WHO DIVESTED HIM OR HERSELF
OF LEGAL RIGHTS AND DISPOSITIONAL CONTROL MAY NOT BE DECLARED TO BE A
PARENT FOR ANY PURPOSE WITHOUT HIS OR HER CONSENT. THE PARENT AWARDED
LEGAL RIGHTS AND DISPOSITIONAL CONTROL OF THE EMBRYOS SHALL, IN THIS
INSTANCE, BE DECLARED TO BE THE ONLY PARENT OF THE CHILD.
§ 581-307. EFFECT OF DEATH OF INTENDED PARENT. IF AN INDIVIDUAL WHO
CONSENTED IN A RECORD TO BE A PARENT BY ASSISTED REPRODUCTION DIES
BEFORE THE TRANSFER OF EGGS, SPERM, OR EMBRYOS, THE DECEASED INDIVIDUAL
IS NOT A PARENT OF THE RESULTING CHILD UNLESS THE DECEASED INDIVIDUAL
CONSENTED IN A SIGNED RECORD THAT IF ASSISTED REPRODUCTION WERE TO OCCUR
AFTER DEATH, THE DECEASED INDIVIDUAL WOULD BE A PARENT OF THE CHILD,
PROVIDED THAT THE RECORD COMPLIES WITH THE ESTATES, POWERS AND TRUSTS
LAW. ANY RIGHTS OF THE CHILD BORN AFTER THE DEATH OF AN INTENDED PARENT
MAY BE ENFORCED BY A GOVERNMENT AGENCY AUTHORIZED BY LAW, INCLUDING BUT
NOT LIMITED TO A DEPARTMENT OF SOCIAL SERVICES.
PART 4
SURROGACY AGREEMENT
SECTION 581-401. SURROGACY AGREEMENT AUTHORIZED.
581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT.
581-403. REQUIREMENTS OF SURROGACY AGREEMENT.
581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL
RELATIONSHIP.
581-405. TERMINATION OF SURROGACY AGREEMENT.
581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT.
581-407. INSUFFICIENT SURROGACY AGREEMENT.
581-408. ABSENCE OF SURROGACY AGREEMENT.
581-409. DISPUTE AS TO SURROGACY AGREEMENT.
§ 581-401. SURROGACY AGREEMENT AUTHORIZED. (A) IF ELIGIBLE UNDER THIS
ARTICLE TO ENTER INTO A SURROGACY AGREEMENT, A PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, AND
THE INTENDED PARENT OR PARENTS MAY ENTER INTO A SURROGACY AGREEMENT
WHICH WILL BE ENFORCEABLE PROVIDED THE SURROGACY AGREEMENT MEETS THE
REQUIREMENTS OF THIS ARTICLE.
(B) A SURROGACY AGREEMENT SHALL NOT APPLY TO THE BIRTH OF A CHILD
CONCEIVED BY MEANS OF SEXUAL INTERCOURSE, OR WHERE THE PERSON ACTING AS
SURROGATE CONTRIBUTED THE EGG USED IN CONCEPTION.
(C) A SURROGACY AGREEMENT MAY PROVIDE FOR PAYMENT OF COMPENSATION
UNDER PART FIVE OF THIS ARTICLE.
§ 581-402. ELIGIBILITY TO ENTER SURROGACY AGREEMENT. (A) A PERSON
ACTING AS SURROGATE SHALL BE ELIGIBLE TO ENTER INTO AN ENFORCEABLE
SURROGACY AGREEMENT UNDER THIS ARTICLE IF THE PERSON ACTING AS SURROGATE
HAS MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
IS EXECUTED:
(1) THE PERSON ACTING AS SURROGATE IS AT LEAST TWENTY-ONE YEARS OF
AGE;
(2) THE PERSON ACTING AS SURROGATE IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT AND, WHERE AT LEAST ONE INTENDED PARENT IS NOT
A RESIDENT OF NEW YORK STATE FOR SIX MONTHS, WAS A RESIDENT OF NEW YORK
STATE FOR AT LEAST SIX MONTHS;
(3) THE PERSON ACTING AS SURROGATE HAS NOT PROVIDED THE EGG USED TO
CONCEIVE THE RESULTING CHILD;
(4) THE PERSON ACTING AS SURROGATE HAS COMPLETED A MEDICAL EVALUATION
WITH A HEALTH CARE PRACTITIONER RELATING TO THE ANTICIPATED PREGNANCY.
SUCH MEDICAL EVALUATION SHALL INCLUDE A SCREENING OF THE MEDICAL HISTORY
S. 7506--B 55 A. 9506--B
OF THE POTENTIAL SURROGATE INCLUDING KNOWN HEALTH CONDITIONS THAT MAY
POSE RISKS TO THE POTENTIAL SURROGATE OR EMBRYO DURING PREGNANCY;
(5) THE PERSON ACTING AS SURROGATE HAS GIVEN INFORMED CONSENT FOR THE
SURROGACY AFTER THE LICENSED HEALTH CARE PRACTITIONER INFORM THEM OF THE
MEDICAL RISKS OF SURROGACY INCLUDING THE POSSIBILITY OF MULTIPLE BIRTHS,
RISK OF MEDICATIONS TAKEN FOR THE SURROGACY, RISK OF PREGNANCY COMPLI-
CATIONS, PSYCHOLOGICAL AND PSYCHOSOCIAL RISKS, AND IMPACTS ON THEIR
PERSONAL LIVES;
(6) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, HAVE BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF THEIR OWN CHOOSING WHO IS LICENSED TO
PRACTICE LAW IN THE STATE OF NEW YORK WHICH SHALL BE PAID FOR BY THE
INTENDED PARENT OR PARENTS EXCEPT THAT A PERSON ACTING AS SURROGATE WHO
IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS PAY THE FEE FOR SUCH LEGAL COUNSEL. WHERE THE INTENDED
PARENT OR PARENTS ARE PAYING FOR THE INDEPENDENT LEGAL COUNSEL OF THE
PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON ACTING AS
SURROGATE, IF APPLICABLE, A SEPARATE RETAINER AGREEMENT SHALL BE
PREPARED CLEARLY STATING THAT SUCH LEGAL COUNSEL WILL ONLY REPRESENT THE
PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
GATE, IF APPLICABLE, IN ALL MATTERS PERTAINING TO THE SURROGACY AGREE-
MENT, THAT SUCH LEGAL COUNSEL WILL NOT OFFER LEGAL ADVICE TO ANY OTHER
PARTIES TO THE SURROGACY AGREEMENT, AND THAT THE ATTORNEY-CLIENT
RELATIONSHIP LIES WITH THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF
THE PERSON ACTING AS SURROGATE, IF APPLICABLE;
(7) THE PERSON ACTING AS SURROGATE HAS OR THE SURROGACY AGREEMENT
STIPULATES THAT THE PERSON ACTING AS SURROGATE WILL OBTAIN A COMPREHEN-
SIVE HEALTH INSURANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING ANY MEDI-
CATION OR COMMENCING TREATMENT TO FURTHER EMBRYO TRANSFER THAT COVERS
PRECONCEPTION CARE, PRENATAL CARE, MAJOR MEDICAL TREATMENTS, HOSPITALI-
ZATION, AND BEHAVIORAL HEALTH CARE, AND THE COMPREHENSIVE POLICY HAS A
TERM THAT EXTENDS THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND
FOR TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCAR-
RIAGE RESULTING IN TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREG-
NANCY; THE POLICY SHALL BE PAID FOR, WHETHER DIRECTLY OR THROUGH
REIMBURSEMENT OR OTHER MEANS, BY THE INTENDED PARENT OR PARENTS ON
BEHALF OF THE PERSON ACTING AS SURROGATE PURSUANT TO THE SURROGACY
AGREEMENT, EXCEPT THAT A PERSON ACTING AS SURROGATE WHO IS RECEIVING NO
COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED PARENT OR PARENTS
PAY FOR THE HEALTH INSURANCE POLICY. THE INTENDED PARENT OR PARENTS
SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL
CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSO-
CIATED WITH PRECONCEPTION, PREGNANCY, CHILDBIRTH, OR POSTNATAL CARE,
THAT ACCRUE THROUGH TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILL-
BIRTH, A MISCARRIAGE, OR TERMINATION OF THE PREGNANCY. A PERSON ACTING
AS SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO
HAVE THE INTENDED PARENT OR PARENTS MAKE SUCH PAYMENTS OR REIMBURSE-
MENTS;
(8) THE SURROGACY AGREEMENT MUST PROVIDE THAT THE INTENDED PARENT OR
PARENTS SHALL PROCURE AND PAY FOR A LIFE INSURANCE POLICY FOR THE PERSON
ACTING AS SURROGATE THAT TAKES EFFECT PRIOR TO TAKING ANY MEDICATION OR
THE COMMENCEMENT OF MEDICAL PROCEDURES TO FURTHER EMBRYO TRANSFER,
PROVIDES A MINIMUM BENEFIT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS OR
THE MAXIMUM AMOUNT THE PERSON ACTING AS SURROGATE QUALIFIES FOR IF LESS
THAN SEVEN HUNDRED FIFTY THOUSAND DOLLARS, AND HAS A TERM THAT EXTENDS
S. 7506--B 56 A. 9506--B
THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS
AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN
TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY, WITH A BENE-
FICIARY OR BENEFICIARIES OF THEIR CHOOSING. THE POLICY SHALL BE PAID
FOR, WHETHER DIRECTLY OR THROUGH REIMBURSEMENT OR OTHER MEANS, BY THE
INTENDED PARENT OR PARENTS ON BEHALF OF THE PERSON ACTING AS SURROGATE
PURSUANT TO THE SURROGACY AGREEMENT, EXCEPT THAT A PERSON ACTING AS
SURROGATE WHO IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE
THE INTENDED PARENT OR PARENTS PAY FOR THE LIFE INSURANCE POLICY; AND
(9) THE PERSON ACTING AS SURROGATE MEETS ALL OTHER REQUIREMENTS DEEMED
APPROPRIATE BY THE COMMISSIONER OF HEALTH REGARDING THE HEALTH OF THE
PROSPECTIVE SURROGATE.
(B) THE INTENDED PARENT OR PARENTS SHALL BE ELIGIBLE TO ENTER INTO AN
ENFORCEABLE SURROGACY AGREEMENT UNDER THIS ARTICLE IF HE, SHE OR THEY
HAVE MET THE FOLLOWING REQUIREMENTS AT THE TIME THE SURROGACY AGREEMENT
WAS EXECUTED:
(1) AT LEAST ONE INTENDED PARENT IS A UNITED STATES CITIZEN OR A
LAWFUL PERMANENT RESIDENT AND WAS A RESIDENT OF NEW YORK STATE FOR AT
LEAST SIX MONTHS;
(2) THE INTENDED PARENT OR PARENTS HAS BEEN REPRESENTED THROUGHOUT THE
CONTRACTUAL PROCESS AND THE DURATION OF THE CONTRACT AND ITS EXECUTION
BY INDEPENDENT LEGAL COUNSEL OF HIS, HER OR THEIR OWN CHOOSING WHO IS
LICENSED TO PRACTICE LAW IN THE STATE OF NEW YORK; AND
(3) HE OR SHE IS AN ADULT PERSON WHO IS NOT IN A SPOUSAL RELATIONSHIP,
OR ADULT SPOUSES TOGETHER, OR ANY TWO ADULTS WHO ARE INTIMATE PARTNERS
TOGETHER, EXCEPT AN ADULT IN A SPOUSAL RELATIONSHIP IS ELIGIBLE TO ENTER
INTO AN ENFORCEABLE SURROGACY AGREEMENT WITHOUT HIS OR HER SPOUSE IF:
(I) THEY ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT OF SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
(II) THEY HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT.
(C) WHERE THE SPOUSE OF AN INTENDED PARENT IS NOT A REQUIRED PARTY TO
THE AGREEMENT, THE SPOUSE IS NOT AN INTENDED PARENT AND SHALL NOT HAVE
RIGHTS OR OBLIGATIONS TO THE CHILD.
§ 581-403. REQUIREMENTS OF SURROGACY AGREEMENT. A SURROGACY AGREEMENT
SHALL BE DEEMED TO HAVE SATISFIED THE REQUIREMENTS OF THIS ARTICLE AND
BE ENFORCEABLE IF IT MEETS THE FOLLOWING REQUIREMENTS:
(A) IT SHALL BE IN A SIGNED RECORD VERIFIED OR EXECUTED BEFORE TWO
NON-PARTY WITNESSES BY:
(1) EACH INTENDED PARENT, AND
(2) THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF ANY, UNLESS:
(I) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE ARE LIVING SEPARATE AND APART PURSUANT TO A DECREE OR JUDG-
MENT OF SEPARATION OR PURSUANT TO A WRITTEN AGREEMENT OF SEPARATION
SUBSCRIBED BY THE PARTIES THERETO AND ACKNOWLEDGED OR PROVED IN THE FORM
REQUIRED TO ENTITLE A DEED TO BE RECORDED; OR
(II) HAVE BEEN LIVING SEPARATE AND APART FOR AT LEAST THREE YEARS
PRIOR TO EXECUTION OF THE SURROGACY AGREEMENT;
(B) IT SHALL BE EXECUTED PRIOR TO THE PERSON ACTING AS SURROGATE
TAKING ANY MEDICATION OR THE COMMENCEMENT OF MEDICAL PROCEDURES IN THE
FURTHERANCE OF EMBRYO TRANSFER, PROVIDED THE PERSON ACTING AS SURROGATE
SHALL HAVE PROVIDED INFORMED CONSENT TO UNDERGO SUCH MEDICAL TREATMENT
OR MEDICAL PROCEDURES PRIOR TO EXECUTING THE AGREEMENT;
S. 7506--B 57 A. 9506--B
(C) IT SHALL BE EXECUTED BY A PERSON ACTING AS SURROGATE MEETING THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (A) OF SECTION 581-402 OF THIS
PART AND BY THE SPOUSE OF THE PERSON ACTING AS SURROGATE, UNLESS THE
SIGNATURE OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE IS NOT
REQUIRED AS SET FORTH IN THIS SECTION;
(D) IT SHALL BE EXECUTED BY INTENDED PARENT OR PARENTS WHO MET THE
ELIGIBILITY REQUIREMENTS OF SUBDIVISION (B) OF SECTION 581-402 OF THIS
PART;
(E) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING
AS SURROGATE, IF APPLICABLE, AND THE INTENDED PARENT OR PARENTS SHALL
HAVE BEEN REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE DURA-
TION OF THE CONTRACT AND ITS EXECUTION BY SEPARATE, INDEPENDENT LEGAL
COUNSEL OF THEIR OWN CHOOSING;
(F) IF THE SURROGACY AGREEMENT PROVIDES FOR THE PAYMENT OF COMPEN-
SATION TO THE PERSON ACTING AS SURROGATE, THE FUNDS FOR BASE COMPEN-
SATION AND REASONABLE ANTICIPATED ADDITIONAL EXPENSES SHALL HAVE BEEN
PLACED IN ESCROW WITH AN INDEPENDENT ESCROW AGENT, WHO CONSENTS TO THE
JURISDICTION OF NEW YORK COURTS FOR ALL PROCEEDINGS RELATED TO THE
ENFORCEMENT OF THE ESCROW AGREEMENT, PRIOR TO THE PERSON ACTING AS
SURROGATE COMMENCING WITH ANY MEDICAL PROCEDURE OTHER THAN MEDICAL EVAL-
UATIONS NECESSARY TO DETERMINE THE PERSON ACTING AS SURROGATE'S ELIGI-
BILITY;
(G) THE SURROGACY AGREEMENT MUST INCLUDE INFORMATION DISCLOSING HOW
THE INTENDED PARENT OR PARENTS WILL COVER THE MEDICAL EXPENSES OF THE
PERSON ACTING AS SURROGATE AND THE CHILD. IF COMPREHENSIVE HEALTH CARE
COVERAGE IS USED TO COVER THE MEDICAL EXPENSES, THE DISCLOSURE SHALL
INCLUDE A REVIEW AND SUMMARY OF THE HEALTH CARE POLICY PROVISIONS
RELATED TO COVERAGE AND EXCLUSIONS FOR THE PERSON ACTING AS SURROGATE'S
PREGNANCY; AND
(H) IT SHALL INCLUDE THE FOLLOWING INFORMATION:
(1) THE DATE, CITY AND STATE WHERE THE SURROGACY AGREEMENT WAS
EXECUTED;
(2) THE FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE
INTENDED PARENT OR PARENTS AND OF THE PERSON ACTING AS SURROGATE;
(3) THE FIRST AND LAST NAMES OF AND CONTACT INFORMATION FOR THE
PERSONS FROM WHICH THE GAMETES ORIGINATED, IF KNOWN. THE AGREEMENT SHALL
SPECIFY WHETHER THE GAMETES PROVIDED WERE EGGS, SPERM, OR EMBRYOS;
(4) THE NAME OF AND CONTACT INFORMATION FOR THE LICENSED AND REGIS-
TERED SURROGACY PROGRAM HANDLING THE SURROGACY AGREEMENT; AND
(5) THE NAME OF AND CONTACT INFORMATION FOR THE ATTORNEY REPRESENTING
THE PERSON ACTING AS SURROGATE, AND THE SPOUSE OF THE PERSON ACTING AS
SURROGATE, IF APPLICABLE, AND THE ATTORNEY REPRESENTING THE INTENDED
PARENT OR PARENTS; AND
(I) THE SURROGACY AGREEMENT MUST COMPLY WITH ALL OF THE FOLLOWING
TERMS:
(1) AS TO THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE:
(I) THE PERSON ACTING AS SURROGATE AGREES TO UNDERGO EMBRYO TRANSFER
AND ATTEMPT TO CARRY AND GIVE BIRTH TO THE CHILD;
(II) THE PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON
ACTING AS SURROGATE, IF APPLICABLE, AGREE TO SURRENDER CUSTODY OF ALL
RESULTING CHILDREN TO THE INTENDED PARENT OR PARENTS IMMEDIATELY UPON
BIRTH;
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE PERSON ACTING AS SURROGATE AND, IF APPLICABLE, THE
SPOUSE OF THE PERSON ACTING AS SURROGATE;
S. 7506--B 58 A. 9506--B
(IV) THE SURROGACY AGREEMENT MUST INCLUDE AN ACKNOWLEDGEMENT BY THE
PERSON ACTING AS SURROGATE AND THE SPOUSE OF THE PERSON ACTING AS SURRO-
GATE, IF APPLICABLE, THAT THEY HAVE RECEIVED A COPY OF THE SURROGATE'S
BILL OF RIGHTS FROM THEIR LEGAL COUNSEL;
(V) THE SURROGACY AGREEMENT MUST PERMIT THE PERSON ACTING AS SURROGATE
TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEMSELVES AND THEIR
PREGNANCY INCLUDING BUT NOT LIMITED TO, WHETHER TO CONSENT TO A CESAREAN
SECTION OR MULTIPLE EMBRYO TRANSFER, AND NOTWITHSTANDING ANY OTHER
PROVISIONS IN THIS CHAPTER, PROVISIONS IN THE AGREEMENT TO THE CONTRARY
ARE VOID AND UNENFORCEABLE. THIS ARTICLE DOES NOT DIMINISH THE RIGHT OF
THE PERSON ACTING AS SURROGATE TO TERMINATE OR CONTINUE A PREGNANCY;
(VI) THE SURROGACY AGREEMENT SHALL PERMIT THE PERSON ACTING AS A
SURROGATE TO UTILIZE THE SERVICES OF A HEALTH CARE PRACTITIONER OF THE
PERSON'S CHOOSING;
(VII) THE SURROGACY AGREEMENT SHALL NOT LIMIT THE RIGHT OF THE PERSON
ACTING AS SURROGATE TO TERMINATE OR CONTINUE THE PREGNANCY OR REDUCE OR
RETAIN THE NUMBER OF FETUSES OR EMBRYOS THE PERSON IS CARRYING;
(VIII) THE SURROGACY AGREEMENT SHALL PROVIDE FOR THE RIGHT OF THE
PERSON ACTING AS SURROGATE, UPON REQUEST, TO OBTAIN COUNSELING TO
ADDRESS ISSUES RESULTING FROM THE PERSON'S PARTICIPATION IN THE SURROGA-
CY AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COUNSELING FOLLOWING DELIV-
ERY. THE COST OF THAT COUNSELING SHALL BE PAID BY THE INTENDED PARENT OR
PARENTS;
(IX) THE SURROGACY AGREEMENT MUST INCLUDE A NOTICE THAT ANY COMPEN-
SATION RECEIVED PURSUANT TO THE AGREEMENT MAY AFFECT THE PERSON ACTING
AS SURROGATE'S ABILITY FOR PUBLIC BENEFITS OR THE AMOUNT OF SUCH BENE-
FITS; AND
(X) THE SURROGACY AGREEMENT SHALL PROVIDE THAT, UPON THE PERSON ACTING
AS SURROGATE'S REQUEST, THE INTENDED PARENT OR PARENTS HAVE OR WILL
PROCURE AND PAY FOR A DISABILITY INSURANCE POLICY FOR THE PERSON ACTING
AS SURROGATE; THE PERSON ACTING AS SURROGATE MAY DESIGNATE THE BENEFICI-
ARY OF THE PERSON'S CHOOSING.
(2) AS TO THE INTENDED PARENT OR PARENTS:
(I) THE INTENDED PARENT OR PARENTS AGREE TO ACCEPT CUSTODY OF ALL
RESULTING CHILDREN IMMEDIATELY UPON BIRTH REGARDLESS OF NUMBER, GENDER,
OR MENTAL OR PHYSICAL CONDITION AND REGARDLESS OF WHETHER THE INTENDED
EMBRYOS WERE TRANSFERRED DUE TO A LABORATORY ERROR WITHOUT DIMINISHING
THE RIGHTS, IF ANY, OF ANYONE CLAIMING TO HAVE A SUPERIOR PARENTAL
INTEREST IN THE CHILD; AND
(II) THE INTENDED PARENT OR PARENTS AGREE TO ASSUME RESPONSIBILITY FOR
THE SUPPORT OF ALL RESULTING CHILDREN IMMEDIATELY UPON BIRTH; AND
(III) THE SURROGACY AGREEMENT SHALL INCLUDE THE NAME OF THE ATTORNEY
REPRESENTING THE INTENDED PARENT OR PARENTS; AND
(IV) THE SURROGACY AGREEMENT SHALL PROVIDE THAT THE RIGHTS AND OBLI-
GATIONS OF THE INTENDED PARENT OR PARENTS UNDER THE SURROGACY AGREEMENT
ARE NOT ASSIGNABLE; AND
(V) THE INTENDED PARENT OR PARENTS AGREE TO EXECUTE A WILL, PRIOR TO
THE EMBRYO TRANSFER, DESIGNATING A GUARDIAN FOR ALL RESULTING CHILDREN
AND AUTHORIZING THEIR EXECUTOR TO PERFORM THE INTENDED PARENT'S OR
PARENTS' OBLIGATIONS PURSUANT TO THE SURROGACY AGREEMENT.
§ 581-404. SURROGACY AGREEMENT: EFFECT OF SUBSEQUENT SPOUSAL RELATION-
SHIP. (A) AFTER THE EXECUTION OF A SURROGACY AGREEMENT UNDER THIS ARTI-
CLE, THE SUBSEQUENT SPOUSAL RELATIONSHIP OF THE PERSON ACTING AS SURRO-
GATE DOES NOT AFFECT THE VALIDITY OF A SURROGACY AGREEMENT, THE CONSENT
OF THE SPOUSE OF THE PERSON ACTING AS SURROGATE TO THE AGREEMENT SHALL
S. 7506--B 59 A. 9506--B
NOT BE REQUIRED, AND THE SPOUSE OF THE PERSON ACTING AS SURROGATE SHALL
NOT BE THE PRESUMED PARENT OF ANY RESULTING CHILDREN.
(B) THE SUBSEQUENT SEPARATION OR DIVORCE OF THE INTENDED PARENTS DOES
NOT AFFECT THE RIGHTS, DUTIES AND RESPONSIBILITIES OF THE INTENDED
PARENTS AS OUTLINED IN THE SURROGACY AGREEMENT. AFTER THE EXECUTION OF
A SURROGACY AGREEMENT UNDER THIS ARTICLE, THE SUBSEQUENT SPOUSAL
RELATIONSHIP OF THE INTENDED PARENT DOES NOT AFFECT THE VALIDITY OF A
SURROGACY AGREEMENT, AND THE CONSENT OF THE SPOUSE OF THE INTENDED
PARENT TO THE AGREEMENT SHALL NOT BE REQUIRED.
§ 581-405. TERMINATION OF SURROGACY AGREEMENT. AFTER THE EXECUTION OF
A SURROGACY AGREEMENT BUT BEFORE THE PERSON ACTING AS SURROGATE BECOMES
PREGNANT BY MEANS OF ASSISTED REPRODUCTION, THE PERSON ACTING AS SURRO-
GATE, THE SPOUSE OF THE PERSON ACTING AS SURROGATE, IF APPLICABLE, OR
ANY INTENDED PARENT MAY TERMINATE THE SURROGACY AGREEMENT BY GIVING
NOTICE OF TERMINATION IN A RECORD TO ALL OTHER PARTIES. UPON PROPER
TERMINATION OF THE SURROGACY AGREEMENT THE PARTIES ARE RELEASED FROM ALL
OBLIGATIONS RECITED IN THE SURROGACY AGREEMENT EXCEPT THAT THE INTENDED
PARENT OR PARENTS REMAINS RESPONSIBLE FOR ALL EXPENSES THAT ARE REIM-
BURSABLE UNDER THE AGREEMENT WHICH HAVE BEEN INCURRED BY THE PERSON
ACTING AS SURROGATE THROUGH THE DATE OF TERMINATION. IF THE INTENDED
PARENT OR PARENTS TERMINATE THE SURROGACY AGREEMENT PURSUANT TO THIS
SECTION AFTER THE PERSON ACTING AS SURROGATE HAS TAKEN ANY MEDICATION OR
COMMENCED TREATMENT TO FURTHER EMBRYO TRANSFER, SUCH INTENDED PARENT OR
PARENTS SHALL BE RESPONSIBLE FOR PAYING FOR OR REIMBURSING THE PERSON
ACTING AS SURROGATE FOR ALL CO-PAYMENTS, DEDUCTIBLES, ANY OTHER OUT-OF-
POCKET MEDICAL COSTS, AND ANY OTHER ECONOMIC LOSSES INCURRED WITHIN
TWELVE MONTHS OF THE TERMINATION OF THE AGREEMENT AND ASSOCIATED WITH
TAKING SUCH MEDICATION OR UNDERTAKING SUCH TREATMENT. UNLESS THE AGREE-
MENT PROVIDES OTHERWISE, THE PERSON ACTING AS SURROGATE IS ENTITLED TO
KEEP ALL PAYMENTS RECEIVED AND OBTAIN ALL PAYMENTS TO WHICH THE PERSON
IS ENTITLED UP UNTIL THE DATE OF TERMINATION OF THE AGREEMENT. NEITHER
A PERSON ACTING AS SURROGATE NOR THE SPOUSE OF THE PERSON ACTING AS
SURROGATE, IF ANY, IS LIABLE TO THE INTENDED PARENT OR PARENTS FOR
TERMINATING A SURROGACY AGREEMENT AS PROVIDED IN THIS SECTION.
§ 581-406. PARENTAGE UNDER COMPLIANT SURROGACY AGREEMENT. UPON THE
BIRTH OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION UNDER A SURROGACY
AGREEMENT THAT COMPLIES WITH THIS PART, EACH INTENDED PARENT IS, BY
OPERATION OF LAW, A PARENT OF THE CHILD AND NEITHER THE PERSON ACTING AS
A SURROGATE NOR THE PERSON'S SPOUSE, IF ANY, IS A PARENT OF THE CHILD.
§ 581-407. INSUFFICIENT SURROGACY AGREEMENT. IF A SURROGACY AGREEMENT
DOES NOT MEET THE MATERIAL REQUIREMENTS OF THIS ARTICLE, THE AGREEMENT
IS NOT ENFORCEABLE AND THE COURT SHALL DETERMINE PARENTAGE BASED ON THE
INTENT OF THE PARTIES, TAKING INTO ACCOUNT THE BEST INTERESTS OF THE
CHILD. AN INTENDED PARENT'S ABSENCE OF GENETIC CONNECTION TO THE CHILD
IS NOT A SUFFICIENT BASIS TO DENY THAT INDIVIDUAL A JUDGMENT OF LEGAL
PARENTAGE.
§ 581-408. ABSENCE OF SURROGACY AGREEMENT. WHERE THERE IS NO SURROGACY
AGREEMENT, THE PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON OTHER
LAWS OF THIS STATE.
§ 581-409. DISPUTE AS TO SURROGACY AGREEMENT. (A) ANY DISPUTE WHICH
IS RELATED TO A SURROGACY AGREEMENT OTHER THAN DISPUTES AS TO PARENTAGE
SHALL BE RESOLVED BY THE SUPREME COURT, WHICH SHALL DETERMINE THE
RESPECTIVE RIGHTS AND OBLIGATIONS OF THE PARTIES, IN ANY PROCEEDING
INITIATED PURSUANT TO THIS SECTION, THE COURT MAY, AT ITS DISCRETION,
AUTHORIZE THE USE OF CONFERENCING OR MEDIATION AT ANY POINT IN THE
PROCEEDINGS.
S. 7506--B 60 A. 9506--B
(B) EXCEPT AS EXPRESSLY PROVIDED IN THE SURROGACY AGREEMENT, THE
INTENDED PARENT OR PARENTS AND THE PERSON ACTING AS SURROGATE SHALL BE
ENTITLED TO ALL REMEDIES AVAILABLE AT LAW OR EQUITY IN ANY DISPUTE
RELATED TO THE SURROGACY AGREEMENT.
(C) THERE SHALL BE NO SPECIFIC PERFORMANCE REMEDY AVAILABLE FOR A
BREACH.
PART 5
PAYMENT TO DONORS AND PERSONS ACTING AS SURROGATES
SECTION 581-501. REIMBURSEMENT.
581-502. COMPENSATION.
§ 581-501. REIMBURSEMENT. A DONOR WHO HAS ENTERED INTO A VALID AGREE-
MENT TO BE A DONOR MAY RECEIVE REIMBURSEMENT FROM AN INTENDED PARENT OR
PARENTS FOR ECONOMIC LOSSES INCURRED IN CONNECTION WITH THE DONATION
WHICH RESULT FROM THE RETRIEVAL OR STORAGE OF GAMETES OR EMBRYOS.
§ 581-502. COMPENSATION. (A) COMPENSATION MAY BE PAID TO A DONOR OR
PERSON ACTING AS SURROGATE BASED ON MEDICAL RISKS, PHYSICAL DISCOMFORT,
INCONVENIENCE AND THE RESPONSIBILITIES THEY ARE UNDERTAKING IN
CONNECTION WITH THEIR PARTICIPATION IN THE ASSISTED REPRODUCTION. UNDER
NO CIRCUMSTANCES MAY COMPENSATION BE PAID TO PURCHASE GAMETES OR EMBRYOS
OR FOR THE RELEASE OF A PARENTAL INTEREST IN A CHILD.
(B) THE COMPENSATION, IF ANY, PAID TO A DONOR OR PERSON ACTING AS
SURROGATE MUST BE REASONABLE AND NEGOTIATED IN GOOD FAITH BETWEEN THE
PARTIES, AND SAID PAYMENTS TO A PERSON ACTING AS SURROGATE SHALL NOT
EXCEED THE DURATION OF THE PREGNANCY AND RECUPERATIVE PERIOD OF UP TO
EIGHT WEEKS AFTER THE BIRTH OF ANY RESULTING CHILDREN.
(C) COMPENSATION MAY NOT BE CONDITIONED UPON THE PURPORTED QUALITY OR
GENOME-RELATED TRAITS OF THE GAMETES OR EMBRYOS.
(D) COMPENSATION MAY NOT BE CONDITIONED ON ACTUAL GENOTYPIC OR PHENO-
TYPIC CHARACTERISTICS OF THE DONOR OR OF ANY RESULTING CHILDREN.
(E) COMPENSATION TO AN EMBRYO DONOR SHALL BE LIMITED TO STORAGE FEES,
TRANSPORTATION COSTS AND ATTORNEYS' FEES.
PART 6
SURROGATES' BILL OF RIGHTS
SECTION 581-601. APPLICABILITY.
581-602. HEALTH AND WELFARE DECISIONS.
581-603. INDEPENDENT LEGAL COUNSEL.
581-604. HEALTH INSURANCE AND MEDICAL COSTS.
581-605. COUNSELING.
581-606. LIFE INSURANCE.
581-607. TERMINATION OF SURROGACY AGREEMENT.
§ 581-601. APPLICABILITY. THE RIGHTS ENUMERATED IN THIS PART SHALL
APPLY TO ANY PERSON ACTING AS SURROGATE IN THIS STATE, NOTWITHSTANDING
ANY SURROGACY AGREEMENT, JUDGMENT OF PARENTAGE, MEMORANDUM OF UNDER-
STANDING, VERBAL AGREEMENT OR CONTRACT TO THE CONTRARY. EXCEPT AS
OTHERWISE PROVIDED BY LAW, ANY WRITTEN OR VERBAL AGREEMENT PURPORTING TO
WAIVE OR LIMIT ANY OF THE RIGHTS IN THIS PART IS VOID AS AGAINST PUBLIC
POLICY. THE RIGHTS ENUMERATED IN THIS PART ARE NOT EXCLUSIVE, AND ARE
IN ADDITION TO ANY OTHER RIGHTS PROVIDED BY LAW, REGULATION, OR A SURRO-
GACY AGREEMENT THAT MEETS THE REQUIREMENTS OF THIS ARTICLE.
§ 581-602. HEALTH AND WELFARE DECISIONS. A PERSON ACTING AS SURROGATE
HAS THE RIGHT TO MAKE ALL HEALTH AND WELFARE DECISIONS REGARDING THEM-
SELF AND THEIR PREGNANCY, INCLUDING BUT NOT LIMITED TO WHETHER TO
CONSENT TO A CESAREAN SECTION OR MULTIPLE EMBRYO TRANSFER, TO UTILIZE
THE SERVICES OF A HEALTH CARE PRACTITIONER OF THEIR CHOOSING, WHETHER TO
S. 7506--B 61 A. 9506--B
TERMINATE OR CONTINUE THE PREGNANCY, AND WHETHER TO REDUCE OR RETAIN THE
NUMBER OF FETUSES OR EMBRYOS THEY ARE CARRYING.
§ 581-603. INDEPENDENT LEGAL COUNSEL. A PERSON ACTING AS SURROGATE HAS
THE RIGHT TO BE REPRESENTED THROUGHOUT THE CONTRACTUAL PROCESS AND THE
DURATION OF THE SURROGACY AGREEMENT AND ITS EXECUTION BY INDEPENDENT
LEGAL COUNSEL OF THEIR OWN CHOOSING WHO IS LICENSED TO PRACTICE LAW IN
THE STATE OF NEW YORK, TO BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
§ 581-604. HEALTH INSURANCE AND MEDICAL COSTS. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO HAVE A COMPREHENSIVE HEALTH INSURANCE POLICY
THAT COVERS PRECONCEPTION CARE, PRENATAL CARE, MAJOR MEDICAL TREATMENTS,
HOSPITALIZATION AND BEHAVIORAL HEALTH CARE FOR A TERM THAT EXTENDS
THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS
AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN
TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY, TO BE PAID
FOR BY THE INTENDED PARENT OR PARENTS. THE INTENDED PARENT OR PARENTS
SHALL ALSO PAY FOR OR REIMBURSE THE PERSON ACTING AS SURROGATE FOR ALL
CO-PAYMENTS, DEDUCTIBLES AND ANY OTHER OUT-OF-POCKET MEDICAL COSTS ASSO-
CIATED WITH PREGNANCY, CHILDBIRTH, OR POSTNATAL CARE THAT ACCRUE THROUGH
TWELVE MONTHS AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE,
OR THE TERMINATION OF THE PREGNANCY. A PERSON ACTING AS A SURROGATE WHO
IS RECEIVING NO COMPENSATION MAY WAIVE THE RIGHT TO HAVE THE INTENDED
PARENT OR PARENTS MAKE SUCH PAYMENTS OR REIMBURSEMENTS.
§ 581-605. COUNSELING. A PERSON ACTING AS SURROGATE HAS THE RIGHT TO
OBTAIN A COMPREHENSIVE HEALTH INSURANCE POLICY THAT COVERS BEHAVIORAL
HEALTH CARE AND WILL COVER THE COST OF PSYCHOLOGICAL COUNSELING TO
ADDRESS ISSUES RESULTING FROM THEIR PARTICIPATION IN A SURROGACY AND
SUCH POLICY SHALL BE PAID FOR BY THE INTENDED PARENT OR PARENTS.
§ 581-606. LIFE INSURANCE. A PERSON ACTING AS SURROGATE HAS THE RIGHT
TO BE PROVIDED A LIFE INSURANCE POLICY THAT TAKES EFFECT PRIOR TO TAKING
ANY MEDICATION OR COMMENCEMENT OF TREATMENT TO FURTHER EMBRYO TRANSFER,
PROVIDES A MINIMUM BENEFIT OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS, OR
THE MAXIMUM AMOUNT THE PERSON ACTING AS SURROGATE QUALIFYING FOR IT LESS
THAN SEVEN HUNDRED FIFTY THOUSAND DOLLARS, AND HAS A TERM THAT EXTENDS
THROUGHOUT THE DURATION OF THE EXPECTED PREGNANCY AND FOR TWELVE MONTHS
AFTER THE BIRTH OF THE CHILD, A STILLBIRTH, A MISCARRIAGE RESULTING IN
TERMINATION OF PREGNANCY, OR TERMINATION OF THE PREGNANCY, WITH A BENE-
FICIARY OR BENEFICIARIES OF THEIR CHOOSING, TO BE PAID FOR BY THE
INTENDED PARENT OR PARENTS.
§ 581-607. TERMINATION OF SURROGACY AGREEMENT. A PERSON ACTING AS
SURROGATE HAS THE RIGHT TO TERMINATE A SURROGACY AGREEMENT PRIOR TO
BECOMING PREGNANT BY MEANS OF ASSISTED REPRODUCTION PURSUANT TO SECTION
581-405 OF THIS ARTICLE.
PART 7
MISCELLANEOUS PROVISIONS
SECTION 581-701. REMEDIAL.
581-702. SEVERABILITY.
581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS
LAW.
581-704. INTERPRETATION.
§ 581-701. REMEDIAL. THIS LEGISLATION IS HEREBY DECLARED TO BE A
REMEDIAL STATUTE AND IS TO BE CONSTRUED LIBERALLY TO SECURE THE BENEFI-
CIAL INTERESTS AND PURPOSES THEREOF FOR THE BEST INTERESTS OF THE CHILD.
§ 581-702. SEVERABILITY. THE INVALIDATION OF ANY PART OF THIS LEGIS-
LATION BY A COURT OF COMPETENT JURISDICTION SHALL NOT RESULT IN THE
INVALIDATION OF ANY OTHER PART.
S. 7506--B 62 A. 9506--B
§ 581-703. PARENT UNDER SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW.
THE TERM "PARENT" IN SECTION SEVENTY OF THE DOMESTIC RELATIONS LAW SHALL
INCLUDE A PERSON ESTABLISHED TO BE A PARENT UNDER THIS ARTICLE OR ANY
OTHER RELEVANT LAW.
§ 581-704. INTERPRETATION. UNLESS THE CONTEXT INDICATES OTHERWISE,
WORDS IMPORTING THE SINGULAR INCLUDE AND APPLY TO SEVERAL PERSONS,
PARTIES, OR THINGS; WORDS IMPORTING THE PLURAL INCLUDE THE SINGULAR.
§ 2. Section 73 of the domestic relations law is REPEALED.
§ 3. Section 121 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 121. Definitions. When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
1.[ "Birth mother"] "GENETIC SURROGATE" shall mean a [woman] PERSON
who gives birth to a child WHO IS THE PERSON'S GENETIC CHILD pursuant to
a GENETIC surrogate parenting [contract] AGREEMENT.
2. ["Genetic father" shall mean a man who provides sperm for the birth
of a child born pursuant to a surrogate parenting contract.
3. "Genetic mother" shall mean a woman who provides an ovum for the
birth of a child born pursuant to a surrogate parenting contract.
4. "Surrogate parenting contract"] "GENETIC SURROGATE PARENTING AGREE-
MENT" shall mean any agreement, oral or written, in which:
(a) a [woman] GENETIC SURROGATE agrees either to be inseminated with
the sperm of a [man] PERSON who is not [her husband] THEIR SPOUSE or to
be impregnated with an embryo that is the product of [an] THE GENETIC
SURROGATE'S ovum fertilized with the sperm of a [man] PERSON who is not
[her husband] THEIR SPOUSE; and
(b) the [woman] GENETIC SURROGATE agrees to, or intends to, surrender
or consent to the adoption of the child born as a result of such insemi-
nation or impregnation.
§ 4. Section 122 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 122. Public policy. [Surrogate] GENETIC SURROGATE parenting
[contracts] AGREEMENTS are hereby declared contrary to the public policy
of this state, and are void and unenforceable.
§ 5. Section 123 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 123. Prohibitions and penalties. 1. No person or other entity shall
knowingly request, accept, receive, pay or give any fee, compensation or
other remuneration, directly or indirectly, in connection with any
GENETIC surrogate parenting [contract] AGREEMENT, or induce, arrange or
otherwise assist in arranging a GENETIC surrogate parenting [contract]
AGREEMENT for a fee, compensation or other remuneration, except for:
(a) payments in connection with the adoption of a child permitted by
subdivision six of section three hundred seventy-four of the social
services law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
(b) payments for reasonable and actual medical fees and hospital
expenses for artificial insemination or in vitro fertilization services
incurred by the [mother] GENETIC SURROGATE in connection with the birth
of the child.
2. (a) [A birth mother or her husband, a genetic father and his wife,
and, if the genetic mother is not the birth mother, the genetic mother
and her husband] ANY PARTY TO A GENETIC SURROGATE PARENTING AGREEMENT OR
THE SPOUSE OF ANY PART TO A GENETIC SURROGATE PARENTING AGREEMENT who
violate this section shall be subject to a civil penalty not to exceed
five hundred dollars.
S. 7506--B 63 A. 9506--B
(b) Any other person or entity who or which induces, arranges or
otherwise assists in the formation of a GENETIC surrogate parenting
contract for a fee, compensation or other remuneration or otherwise
violates this section shall be subject to a civil penalty not to exceed
ten thousand dollars and forfeiture to the state of any such fee,
compensation or remuneration in accordance with the provisions of subdi-
vision (a) of section seven thousand two hundred one of the civil prac-
tice law and rules, for the first such offense. Any person or entity
who or which induces, arranges or otherwise assists in the formation of
a GENETIC surrogate parenting contract for a fee, compensation or other
remuneration or otherwise violates this section, after having been once
subject to a civil penalty for violating this section, shall be guilty
of a felony.
§ 6. Section 124 of the domestic relations law, as added by chapter
308 of the laws of 1992, is amended to read as follows:
§ 124. Proceedings regarding parental rights, status or obligations.
In any action or proceeding involving a [dispute between the birth moth-
er and (i) the genetic father, (ii) the genetic mother, (iii) both the
genetic father and genetic mother, or (iv) the parent or parents of the
genetic father or genetic mother, regarding parental rights, status or
obligations with respect to a child born pursuant to a surrogate parent-
ing contract] PURPORTED GENETIC SURROGACY PARENTING AGREEMENT, THE
PARENTAGE OF THE CHILD WILL BE DETERMINED BASED ON THE LAWS OF NEW YORK
STATE AND:
1. the court shall not consider the [birth mother's] GENETIC SURRO-
GATE'S participation in a GENETIC surrogate parenting [contract] AGREE-
MENT as adverse to [her] THEIR parental rights, status, or obligations;
and
2. the court, having regard to the circumstances of the case and of
the respective parties including the parties' relative ability to pay
such fees and expenses, in its discretion and in the interests of
justice, may award to either party reasonable and actual counsel fees
and legal expenses incurred in connection with such action or proceed-
ing. Such award may be made in the order or judgment by which the
particular action or proceeding is finally determined, or by one or
more orders from time to time before the final order or judgment, or by
both such order or orders and the final order or judgment; provided,
however, that in any dispute involving a [birth mother] GENETIC SURRO-
GATE who has executed a valid surrender or consent to the adoption,
nothing in this section shall empower a court to make any award that it
would not otherwise be empowered to direct.
§ 7. Section 4135 of the public health law, subdivision 1 as amended
by chapter 201 of the laws of 1972, subdivision 2 as amended by chapter
398 of the laws of 1997 and subdivision 3 as added by chapter 342 of the
laws of 1980, is amended to read as follows:
§ 4135. Birth certificate; child born out of wedlock. 1. (a) There
shall be no specific statement on the birth certificate as to whether
the child is born in wedlock or out of wedlock or as to the marital name
or status of the mother.
(b) The phrase "child born out of wedlock" when used in this article,
refers to a child whose father is not its mother's husband.
2. The name of the [putative] ALLEGED father of a child born out of
wedlock shall not be entered on the certificate of birth prior to filing
without (i) an acknowledgment of [paternity] PARENTAGE pursuant to
section one hundred eleven-k of the social services law or section four
thousand one hundred thirty-five-b of this article executed by both the
S. 7506--B 64 A. 9506--B
mother and [putative] ALLEGED father, and filed with the record of
birth; or (ii) notification having been received by, or proper proof
having been filed with, the record of birth by the clerk of a court of
competent jurisdiction or the parents, or their attorneys of a judgment,
order or decree relating to parentage.
3. Orders relating to parentage shall be held confidential by the
commissioner and shall not be released or otherwise divulged except by
order of a court of competent jurisdiction.
§ 8. Section 4135-b of the public health law, as added by chapter 59
of the laws of 1993, subdivisions 1 and 2 as amended by chapter 402 of
the laws of 2013, and subdivision 3 as amended by chapter 170 of the
laws of 1994, is amended to read as follows:
§ 4135-b. Voluntary acknowledgments of [paternity; child born out of
wedlock] PARENTAGE. 1. (a) Immediately preceding or following the
in-hospital birth of a child to an unmarried [woman] PERSON OR TO A
PERSON WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH ASSISTED
REPRODUCTION, the person in charge of such hospital or his or her desig-
nated representative shall provide to the [child's mother and putative
father] UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND THE ALLEGED
GENETIC PARENT, if such [father] ALLEGED GENETIC PARENT IS READILY IDEN-
TIFIABLE AND AVAILABLE, OR TO THE PERSON WHO GAVE BIRTH AND THE OTHER
INTENDED PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION IF
SUCH PERSON is readily identifiable and available, the documents and
written instructions necessary for such [mother] PERSON OR TO A PERSON
WHO GAVE BIRTH TO A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION and
[putative father] ALLEGED PERSONS to complete an acknowledgment of
[paternity] PARENTAGE witnessed by two persons not related to the signa-
tory. Such acknowledgment, if signed by both parties, at any time
following the birth of a child, shall be filed with the registrar at the
same time at which the certificate of live birth is filed, if possible,
or anytime thereafter. Nothing herein shall be deemed to require the
person in charge of such hospital or his or her designee to seek out or
otherwise locate [a putative father] AN ALLEGED GENETIC PARENT OR
INTENDED PARENT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION who
is not readily identifiable or available.
(B) THE FOLLOWING PERSONS MAY SIGN AN ACKNOWLEDGMENT OF PARENTAGE TO
ESTABLISH THE PARENTAGE OF THE CHILD:
(I) AN UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND ANOTHER PERSON
WHO IS A GENETIC PARENT.
(II) A MARRIED OR UNMARRIED PERSON WHO GAVE BIRTH TO THE CHILD AND
ANOTHER PERSON WHO IS AN INTENDED PARENT UNDER SECTION 581-303 OF THE
FAMILY COURT ACT OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION.
(C) AN ACKNOWLEDGMENT OF PARENTAGE SHALL BE IN A RECORD SIGNED BY THE
PERSON WHO GAVE BIRTH TO THE CHILD AND BY EITHER THE GENETIC PARENT
OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD OR A PERSON WHO IS A
PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF THE CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION.
(D) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
(I) A PERSON OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD UNDER SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(III) ANOTHER PERSON HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
WITH REGARD TO THE CHILD;
(IV) THE CHILD HAS A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT
ACT OTHER THAN THE SIGNATORIES;
S. 7506--B 65 A. 9506--B
(V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE FAMILY
COURT ACT;
(VI) THE ACKNOWLEDGMENT IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
THROUGH ASSISTED REPRODUCTION.
(E) The acknowledgment shall be executed on a form provided by the
commissioner developed in consultation with the [appropriate] commis-
sioner of the [department of family assistance] OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, which shall: (I) include the social security
number of the [mother and of the putative father and] SIGNATORIES; (II)
provide in plain language [(i)] (A) a statement by the [mother] PERSON
WHO GAVE BIRTH TO THE CHILD consenting to the acknowledgment of [pater-
nity] PARENTAGE and a statement that the [putative father] OTHER SIGNA-
TORY is the only possible [father] OTHER GENETIC PARENT OR THAT THE
OTHER SIGNATORY IS AN INTENDED PARENT AND THE CHILD WAS CONCEIVED
THROUGH ASSISTED REPRODUCTION, [(ii)] (B) a statement by the [putative
father], ALLEGED GENETIC PARENT, IF ANY, that he OR SHE is the [biolog-
ical father] GENETIC PARENT of the child, and [(iii)] (C) a statement
that the signing of the acknowledgment of [paternity] PARENTAGE by both
parties shall have the same force and effect as an order of PARENTAGE OR
filiation entered after a court hearing by a court of competent juris-
diction, including an obligation to provide support for the child except
that, only if filed with the registrar of the district in which the
birth certificate has been filed, will the acknowledgment have such
force and effect with respect to inheritance rights; AND (III) INCLUDE
THE NAME AND ADDRESS, IF KNOWN, OF ANY GAMETE DONORS.
[(b)] (F) Prior to the execution of an acknowledgment of [paternity]
PARENTAGE, the [mother] PERSON WHO GAVE BIRTH TO THE CHILD and the
[putative father] OTHER SIGNATORY shall be provided orally, which may be
through the use of audio or video equipment, and in writing with such
information as is required pursuant to this section with respect to
their rights and the consequences of signing a voluntary acknowledgment
of [paternity] PARENTAGE including, but not limited to:
(i) that the signing of the acknowledgment of [paternity] PARENTAGE
shall establish the [paternity] PARENTAGE of the child and shall have
the same force and effect as an order of [paternity] PARENTAGE or filia-
tion issued by a court of competent jurisdiction establishing the duty
of both parties to provide support for the child;
(ii) that if such an acknowledgment is not made, the [putative father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH TO THE CHILD can be held
liable for support only if the family court, after a hearing, makes an
order declaring that the [putative father] PERSON is the [father] PARENT
of the child whereupon the court may make an order of support which may
be retroactive to the birth of the child;
(iii) that if made a respondent in a proceeding to establish [paterni-
ty] PARENTAGE the [putative father] SIGNATORY OTHER THAN THE PERSON WHO
GAVE BIRTH TO THE CHILD has a right to free legal representation if
indigent;
(iv) that [the putative father] AN ALLEGED GENETIC PARENT has a right
to a genetic marker test or to a DNA test when available;
(v) that by executing the acknowledgment, the [putative father]
ALLEGED GENETIC PARENT waives [his] THEIR right to a hearing, to which
[he] THEY would otherwise be entitled, on the issue of [paternity]
PARENTAGE;
S. 7506--B 66 A. 9506--B
(vi) that a copy of the acknowledgment of [paternity] PARENTAGE shall
be filed with the [putative father] registry [pursuant to] CREATED BY
section three hundred seventy-two-c of the social services law, and that
such filing may establish the child's right to inheritance from the
[putative father] ALLEGED GENETIC PARENT OR THE OTHER INTENDED PARENT OF
A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION pursuant to clause (B)
of subparagraph two of paragraph (a) of section 4-1.2 of the estates,
powers and trusts law;
(vii) that, if such acknowledgment is filed with the registrar of the
district in which the birth certificate has been filed, such acknowledg-
ment will establish inheritance rights from the [putative father]
ALLEGED GENETIC PARENT OR THE OTHER INTENDED PARENT OF A CHILD CONCEIVED
THROUGH ASSISTED REPRODUCTION pursuant to clause (A) of subparagraph two
of paragraph (a) of section 4-1.2 of the estates, powers and trusts law;
(viii) that no further judicial or administrative proceedings are
required to ratify an unchallenged acknowledgment of [paternity] PARENT-
AGE provided, however, that:
(A) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
attained the age of eighteen at the time of execution of the acknowledg-
ment, shall have the right to rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which the signatory is a party, provided that the "date of an
administrative or a judicial proceeding" shall be the date by which the
respondent is required to answer the petition;
(B) A signatory to an acknowledgment of [paternity] PARENTAGE, who had
not attained the age of eighteen at the time of execution of the
acknowledgment, shall have the right to rescind the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child, whichever is earli-
er; provided, however, that the signatory must have been advised at such
proceeding of his or her right to file a petition to vacate the acknowl-
edgment within sixty days of the date of such proceeding;
(ix) that after the expiration of the time limits set forth in clauses
(A) and (B) of subparagraph (viii) of this paragraph, any of the signa-
tories may challenge the acknowledgment of [paternity] PARENTAGE in
court only on the basis of fraud, duress, or material mistake of fact,
with the burden of proof on the party challenging the voluntary acknowl-
edgment;
(x) that the [putative father and mother] PERSON WHO GAVE BIRTH TO THE
CHILD AND THE OTHER SIGNATORY may wish to consult with attorneys before
executing the acknowledgment; and that they have the right to seek legal
representation and supportive services including counseling regarding
such acknowledgment;
(xi) that the acknowledgment of [paternity] PARENTAGE may be the basis
for the [putative father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH
TO THE CHILD establishing custody and visitation rights to the child and
for requiring the [putative father's] consent OF THE SIGNATORY OTHER
THAN THE PERSON WHO GAVE BIRTH TO THE CHILD prior to an adoption
proceeding;
(xii) that the [mother's] refusal OF THE PERSON WHO GAVE BIRTH TO THE
CHILD to sign the acknowledgment shall not be deemed a failure to coop-
erate in establishing [paternity for] PARENTAGE OF the child; and
S. 7506--B 67 A. 9506--B
(xiii) that the child may bear the last name of either parent, OR ANY
COMBINATION THEREOF, which name shall not affect the legal status of the
child.
In addition, the governing body of such hospital shall [insure] ENSURE
that appropriate staff shall provide to the [child's mother and putative
father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY,
prior to the [mother's] discharge from the hospital OF THE PERSON WHO
GAVE BIRTH TO THE CHILD, the opportunity to speak with hospital staff to
obtain clarifying information and answers to their questions about
[paternity] PARENTAGE establishment, and shall also provide the tele-
phone number of the local support collection unit.
[(c)] (G) Within ten days after receiving the certificate of birth,
the registrar shall furnish without charge to each parent or guardian of
the child or to the [mother] PERSON WHO GAVE BIRTH at the address desig-
nated by her for that purpose, a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of [paternity] PARENTAGE. If the [mother] PERSON WHO GAVE BIRTH is in
receipt of child support enforcement services pursuant to title six-A of
article three of the social services law, the registrar also shall
furnish without charge a certified copy of the certificate of birth and,
if applicable, a certified copy of the written acknowledgment of [pater-
nity] PARENTAGE to the social services district of the county within
which the [mother] PERSON WHO GAVE BIRTH resides.
2. (a) When a child's [paternity] PARENTAGE is acknowledged voluntar-
ily pursuant to section one hundred eleven-k of the social services law,
the social services official shall file the executed acknowledgment with
the registrar of the district in which the birth occurred and in which
the birth certificate has been filed.
(b) Where a child's [paternity] PARENTAGE has not been acknowledged
voluntarily pursuant to paragraph (a) of subdivision one of this section
or paragraph (a) of this subdivision, the [child's mother and the puta-
tive father] PERSON WHO GAVE BIRTH TO THE CHILD AND THE OTHER SIGNATORY
may voluntarily acknowledge a child's [paternity] PARENTAGE pursuant to
this paragraph by signing the acknowledgment of [paternity] PARENTAGE.
(c) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
attained the age of eighteen at the time of execution of the acknowledg-
ment shall have the right to rescind the acknowledgment within the
earlier of sixty days from the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which either signatory is a party; provided that for purposes
of this section, the "date of an administrative or a judicial proceed-
ing" shall be the date by which the respondent is required to answer the
petition.
(d) A signatory to an acknowledgment of [paternity] PARENTAGE, who has
not attained the age of eighteen at the time of execution of the
acknowledgment, shall have the right to rescind the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the signa-
tory is a party, whichever is earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
S. 7506--B 68 A. 9506--B
(e) After the expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the signatories may challenge
the acknowledgment of [paternity] PARENTAGE in court only on the basis
of fraud, duress, or material mistake of fact, with the burden of proof
on the party challenging the voluntary acknowledgment. The acknowledg-
ment shall have full force and effect once so signed. The original or a
copy of the acknowledgment shall be filed with the registrar of the
district in which the birth certificate has been filed.
3. (a) An acknowledgment of [paternity] PARENTAGE executed by [the
mother and father of a child born out of wedlock] ANY TWO PEOPLE ELIGI-
BLE TO SIGN SUCH AN ACKNOWLEDGMENT UNDER PARAGRAPH (B) OF SUBDIVISION
ONE OF THIS SECTION, MARRIED OR UNMARRIED, shall establish the [paterni-
ty] PARENTAGE of a child and shall have the same force and effect as an
order of [paternity] PARENTAGE or filiation issued by a court of compe-
tent jurisdiction. Such acknowledgement shall thereafter be filed with
the registrar pursuant to subdivision one or two of this section.
(b) A registrar with whom an acknowledgment of [paternity] PARENTAGE
has been filed pursuant to subdivision one or two of this section shall
file the acknowledgment with the state department of health [and the
putative father registry], THE NEW YORK CITY DEPARTMENT OF HEALTH AND
MENTAL HYGIENE AND THE REGISTRY OPERATED BY THE DEPARTMENT OF SOCIAL
SERVICES PURSUANT TO SECTION THREE HUNDRED SEVENTY-TWO-C OF THE SOCIAL
SERVICES LAW. IF THE ACKNOWLEDGMENT INCLUDES THE NAME AND ADDRESS OF ANY
KNOWN GAMETE DONORS OF A CHILD CONCEIVED THROUGH ASSISTED REPRODUCTION,
THE STATE DEPARTMENT OF HEALTH OR THE NEW YORK CITY DEPARTMENT OF HEALTH
AND MENTAL HYGIENE SHALL MAIL A COPY TO THE KNOWN DONORS LISTED ON THE
FORM WITH THE SOCIAL SECURITY NUMBERS OF THE SIGNATORIES REDACTED.
4. THE COURT SHALL GIVE FULL FAITH AND CREDIT TO AN ACKNOWLEDGMENT OF
PARENTAGE EFFECTIVE IN ANOTHER STATE IF THE ACKNOWLEDGMENT WAS IN A
SIGNED RECORD AND OTHERWISE COMPLIES WITH THE LAW OF THE OTHER STATE.
5. A new certificate of birth shall be issued if the certificate of
birth of [a] THE child [born out of wedlock] as defined in paragraph (b)
of subdivision one of section four thousand one hundred thirty-five of
this article has been filed without entry of the name of the [father]
SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH, and the commissioner
thereafter receives a notarized acknowledgment of [paternity] PARENTAGE
accompanied by the written consent of the [putative father and mother]
PERSON WHO GAVE BIRTH TO THE CHILD AND OTHER SIGNATORY to the entry of
the name of such [father] PERSON, which consent may also be to a change
in the surname of the child.
6. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF PARENTAGE SIGNED
PURSUANT TO THIS SECTION OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
LAW OF THAT STATE.
§ 9. Paragraph (e) of subdivision 1 of section 4138 of the public
health law, as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
(e) the certificate of birth of a child born out of wedlock as defined
in paragraph (b) of subdivision one of section four thousand one hundred
thirty-five of this article has been filed without entry of the name of
the [father] SIGNATORY OTHER THAN THE PERSON WHO GAVE BIRTH and the
commissioner thereafter receives the acknowledgment of [paternity]
PARENTAGE pursuant to section one hundred eleven-k of the social
services law or section four thousand one hundred thirty-five-b of this
article executed by the [putative father and mother] PERSON WHO GAVE
BIRTH AND THE OTHER SIGNATORY which authorizes the entry of the name of
S. 7506--B 69 A. 9506--B
such [father] OTHER SIGNATORY, and which may also authorize a conforming
change in the surname of the child.
§ 10. The article heading of article 8 of the domestic relations law,
as added by chapter 308 of the laws of 1992, is amended to read as
follows:
GENETIC SURROGATE PARENTING CONTRACTS
§ 11. The general business law is amended by adding a new article 44
to read as follows:
ARTICLE 44
REGULATION OF SURROGACY PROGRAMS AND ASSISTED
REPRODUCTION SERVICE PROVIDERS
SECTION 1400. DEFINITIONS.
1401. SURROGACY PROGRAMS REGULATED UNDER THIS ARTICLE.
1402. ASSISTED REPRODUCTION SERVICE PROVIDERS REGULATED UNDER
THIS ARTICLE.
1403. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS.
1404. REGULATIONS.
§ 1400. DEFINITIONS. AS USED IN THIS SECTION:
(A) THE DEFINITIONS IN SECTION 581-102 OF THE FAMILY COURT ACT SHALL
APPLY.
(B) "PAYMENT" MEANS ANY TYPE OF MONETARY COMPENSATION OR OTHER VALU-
ABLE CONSIDERATION INCLUDING BUT NOT LIMITED TO A REBATE, REFUND,
COMMISSION, UNEARNED DISCOUNT, OR PROFIT BY MEANS OF CREDIT OR OTHER
VALUABLE CONSIDERATION.
(C) "SURROGACY PROGRAM" DOES NOT INCLUDE ANY PARTY TO A SURROGACY
AGREEMENT OR ANY PERSON LICENSED TO PRACTICE LAW AND REPRESENTING A
PARTY TO THE SURROGACY AGREEMENT, BUT DOES INCLUDE AND IS NOT LIMITED TO
ANY AGENCY, AGENT, BUSINESS, OR INDIVIDUAL ENGAGED IN, ARRANGING, OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT, REGARD-
LESS OF WHETHER SUCH AGREEMENT ULTIMATELY COMPORTS WITH THE REQUIREMENTS
OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1401. SURROGACY PROGRAMS REGULATED UNDER THIS ARTICLE. THE
PROVISIONS OF THIS ARTICLE APPLY TO SURROGACY PROGRAMS ARRANGING OR
FACILITATING TRANSACTIONS CONTEMPLATED BY A SURROGACY AGREEMENT UNDER
PART FOUR OF ARTICLE FIVE-C OF THE FAMILY COURT ACT IF:
(A) THE SURROGACY PROGRAM DOES BUSINESS IN NEW YORK STATE;
(B) A PERSON ACTING AS SURROGATE WHO IS PARTY TO A SURROGACY AGREEMENT
RESIDES IN NEW YORK STATE DURING THE TERM OF THE SURROGACY AGREEMENT; OR
(C) ANY MEDICAL PROCEDURES UNDER THE SURROGACY AGREEMENT ARE PERFORMED
IN NEW YORK STATE.
§ 1402. ASSISTED REPRODUCTION SERVICE PROVIDERS REGULATED UNDER THIS
ARTICLE. THE PROVISIONS OF THIS ARTICLE APPLY TO AGENTS, GAMETE BANKS,
FERTILITY CLINICS, AND OTHER ENTITIES IF:
1. THE AGENT, GAMETE BANK, FERTILITY CLINIC, OR OTHER ENTITY DOES
BUSINESS IN THIS STATE; OR
2. ANY HEALTH CARE SERVICES PERFORMED, PROVIDED OR OTHERWISE ARRANGED
BY THE ENTITY ARE PERFORMED IN THIS STATE.
§ 1403. CONFLICTS OF INTEREST; PROHIBITION ON PAYMENTS; FUNDS IN
ESCROW; LICENSURE; NOTICE OF SURROGATES' BILL OF RIGHTS. A SURROGACY
PROGRAM TO WHICH THIS ARTICLE APPLIES:
(A) SHALL KEEP ALL FUNDS PAID BY OR ON BEHALF OF THE INTENDED PARENT
OR PARENTS IN AN ESCROW ACCOUNT SEPARATE FROM ITS OPERATING ACCOUNTS;
AND
S. 7506--B 70 A. 9506--B
(B) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY ATTORNEY REPRESENTING A PARTY TO THE SURROGACY AGREEMENT; AND
(C) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY PERSON LICENSED TO PRACTICE LAW AND REPRESENTING A PARTY TO THE
SURROGACY AGREEMENT IN CONNECTION WITH THE REFERRAL OF ANY PERSON OR
PARTY FOR THE PURPOSE OF A SURROGACY AGREEMENT; AND
(D) MAY NOT PAY OR RECEIVE PAYMENT, DIRECTLY OR INDIRECTLY, TO OR FROM
ANY HEALTH CARE PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
(E) MAY NOT BE OWNED OR MANAGED, IN ANY PART, DIRECTLY OR INDIRECTLY,
BY ANY HEALTH CARE PROVIDER PROVIDING ANY HEALTH SERVICES, INCLUDING
ASSISTED REPRODUCTION, TO A PARTY TO THE SURROGACY AGREEMENT; AND
(F) SHALL BE LICENSED TO OPERATE IN NEW YORK STATE PURSUANT TO REGU-
LATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH IN CONSULTATION WITH THE
DEPARTMENT OF FINANCIAL SERVICES, ONCE SUCH REGULATIONS ARE PROMULGATED
AND BECOME EFFECTIVE; AND
(G) SHALL ENSURE THAT ALL POTENTIAL PARTIES TO A SURROGACY AGREEMENT,
AT THE TIME OF CONSULTATION WITH SUCH SURROGACY PROGRAM, ARE PROVIDED
WITH WRITTEN NOTICE OF THE SURROGATES' BILL OF RIGHTS ENUMERATED IN PART
SIX OF ARTICLE FIVE-C OF THE FAMILY COURT ACT.
§ 1404. REGULATIONS. 1. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCIAL SERVICES, SHALL PROMULGATE RULES AND REGU-
LATIONS TO IMPLEMENT THE REQUIREMENTS OF THIS ARTICLE REGARDING SURROGA-
CY PROGRAMS AND ASSISTED REPRODUCTION SERVICE PROVIDERS IN A MANNER THAT
ENSURES THE SAFETY AND HEALTH OF GAMETE PROVIDERS AND PERSONS SERVING AS
SURROGATES. SUCH REGULATIONS SHALL:
(A) REQUIRE SURROGACY PROGRAMS TO MONITOR COMPLIANCE WITH SURROGACY
AGREEMENTS ELIGIBILITY AND REQUIREMENTS IN STATE LAW; AND
(B) REQUIRE THE SURROGACY PROGRAMS AND ASSISTED REPRODUCTION SERVICE
PROVIDERS TO ADMINISTER INFORMED CONSENT PROCEDURES THAT COMPLY WITH
REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH UNDER SECTION TWEN-
TY-FIVE HUNDRED NINETY-NINE-CC OF THE PUBLIC HEALTH LAW.
2. THE DEPARTMENT OF HEALTH SHALL ANNUALLY REPORT TO THE LEGISLATURE
REGARDING THE PRACTICES OF SURROGACY PROGRAMS AND ASSISTED REPRODUCTION
SERVICE PROVIDERS AND ALL BUSINESS TRANSACTIONS RELATED TO SURROGACY AND
GAMETE PROVISION IN NEW YORK STATE, WITH RECOMMENDATIONS FOR ANY NECES-
SARY AMENDMENTS TO THIS ARTICLE.
§ 12. The public health law is amended by adding a new article 25-B to
read as follows:
ARTICLE 25-B
GESTATIONAL SURROGACY
SECTION 2599-CC. GESTATIONAL SURROGACY.
§ 2599-CC. GESTATIONAL SURROGACY. 1. THE COMMISSIONER SHALL PROMULGATE
REGULATIONS ON THE PRACTICE OF GESTATIONAL SURROGACY. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL PERSONS ACTING AS SURROGATES, INCLUDING BUT NOT LIMITED
TO A FULL DISCLOSURE OF ANY KNOWN OR POTENTIAL HEALTH RISKS AND MENTAL
HEALTH IMPACTS ASSOCIATED WITH ACTING AS A SURROGATE;
(B) THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO GESTATIONAL
SURROGACY;
(C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF
PERSONS ACTING AS SURROGATES, AS REPORTED BY SURROGACY PROGRAMS LICENSED
BY THE DEPARTMENT PURSUANT TO ARTICLE FORTY-FOUR OF THE GENERAL BUSINESS
LAW UPON THE AFFIRMATIVE CONSENT OF A PERSON ACTING AS SURROGATE. SUCH
S. 7506--B 71 A. 9506--B
REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCURATE
INFORMATION ON THE:
(I) NUMBER OF TIMES A PERSON HAS ACTED AS A SURROGATE;
(II) HEALTH INFORMATION OF THE PERSON ACTING AS SURROGATE; AND
(III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER;
(D) THE DEVELOPMENT OF GUIDELINES, PROCEDURES OR PROTOCOLS, IN CONSUL-
TATION WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS AND
THE AMERICAN SOCIETY FOR REPRODUCTIVE MEDICINE, TO ASSIST PHYSICIANS IN
SCREENING POTENTIAL SURROGATES FOR THEIR ABILITY TO SERVE AS A SURROGATE
AS REQUIRED UNDER SUBDIVISION FOUR OF SECTION 581-402 OF THE FAMILY
COURT ACT INCLUDING TAKING INTO CONSIDERATION THE POTENTIAL SURROGATES
FAMILY MEDICAL HISTORY AND COMPLICATIONS FROM PRIOR PREGNANCIES AND
KNOWN HEALTH CONDITIONS THAT MAY POSE A RISK TO THE POTENTIAL SURROGATE
DURING PREGNANCY; AND
(E) THE DEVELOPMENT OF GUIDANCE TO REDUCE CONFLICTS OF INTEREST AMONG
PHYSICIANS PROVIDING HEALTH CARE SERVICES TO THE SURROGATE.
2. ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE PERSON
ACTING AS SURROGATE AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO
INFORMATION MAINTAINED BY THE REGISTRY. SUCH REGISTRY SHALL COMPLY WITH
ALL STATE AND FEDERAL LAWS AND REGULATIONS RELATED TO MAINTAINING THE
PRIVACY AND CONFIDENTIALITY OF RECORDS CONTAINED WITH THE REGISTRY.
§ 13. Subdivisions 4, 5, 6, 7 and 8 of section 4365 of the public
health law are renumbered subdivisions 5, 6, 7, 8 and 9 and a new subdi-
vision 4 is added to read as follows:
4. THE COMMISSIONER, IN CONSULTATION WITH THE TRANSPLANT COUNCIL,
SHALL PROMULGATE REGULATIONS ON THE DONATION OF OVA. SUCH REGULATIONS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) GUIDELINES AND PROCEDURES FOR OBTAINING FULLY INFORMED CONSENT
FROM POTENTIAL DONORS, INCLUDING BUT NOT LIMITED TO A FULL DISCLOSURE OF
ANY KNOWN OR POTENTIAL HEALTH RISKS OF THE OVA DONATION PROCESS;
(B) THE DEVELOPMENT AND DISTRIBUTION, IN PRINTED FORM AND ON THE
DEPARTMENT'S WEBSITE, OF INFORMATIONAL MATERIAL RELATING TO THE DONATION
OF OVA;
(C) THE ESTABLISHMENT OF A VOLUNTARY CENTRAL TRACKING REGISTRY OF OVA
DONOR INFORMATION, AS REPORTED BY BANKS AND STORAGE FACILITIES LICENSED
PURSUANT TO THIS ARTICLE UPON THE AFFIRMATIVE CONSENT OF AN OVA DONOR.
SUCH REGISTRY SHALL PROVIDE A MEANS FOR GATHERING AND MAINTAINING ACCU-
RATE INFORMATION ON THE:
(I) NUMBER OF OVA AND THE NUMBER OF TIMES OVA HAVE BEEN DONATED FROM A
SINGLE DONOR;
(II) HEALTH INFORMATION OF THE DONOR AT THE TIME OF THE DONATION; AND
(III) OTHER INFORMATION DEEMED APPROPRIATE BY THE COMMISSIONER.
IN ADDITION, ALL SUCH REGULATIONS SHALL MAINTAIN THE ANONYMITY OF THE
DONOR AND ANY RESULTING OFFSPRING AND GOVERN ACCESS TO INFORMATION MAIN-
TAINED BY THE REGISTRY. SUCH REGISTRY SHALL COMPLY WITH ALL STATE AND
FEDERAL LAWS AND REGULATIONS RELATED TO MAINTAINING THE PRIVACY AND
CONFIDENTIALITY OF RECORDS CONTAINED WITHIN THE REGISTRY; AND
(D) THE DEVELOPMENT OF BEST PRACTICES AND PROCEDURES, IN CONSULTATION
WITH THE AMERICAN COLLEGE OF OBSTETRICIANS AND GYNECOLOGISTS, AMERICAN
SOCIETY FOR REPRODUCTIVE MEDICINE AND OTHER MEDICAL ORGANIZATIONS, FOR
OVA DONATION, OVA RETRIEVAL, AND IN VITRO FERTILIZATION FOR THE
PROTECTION OF THE HEALTH AND SAFETY OF THE DONOR.
§ 14. Paragraph (a) of subdivision 1 of section 440 of the family
court act, as amended by chapter 398 of the laws of 1997, is amended to
read as follows:
S. 7506--B 72 A. 9506--B
(a) Any support order made by the court in any proceeding under the
provisions of article five-B of this act, pursuant to a reference from
the supreme court under section two hundred fifty-one of the domestic
relations law or under the provisions of article four, five or five-A of
this act (i) shall direct that payments of child support or combined
child and spousal support collected on behalf of persons in receipt of
services pursuant to section one hundred eleven-g of the social services
law, or on behalf of persons in receipt of public assistance be made to
the support collection unit designated by the appropriate social
services district, which shall receive and disburse funds so paid; or
(ii) shall be enforced pursuant to subdivision (c) of section five thou-
sand two hundred forty-two of the civil practice law and rules at the
same time that the court issues an order of support; and (iii) shall in
either case, except as provided for herein, be effective as of the
earlier of the date of the filing of the petition therefor, or, if the
children for whom support is sought are in receipt of public assistance,
the date for which their eligibility for public assistance was effec-
tive. Any retroactive amount of support due shall be support
arrears/past due support and shall be paid in one sum or periodic sums,
as the court directs, and any amount of temporary support which has been
paid to be taken into account in calculating any amount of such retroac-
tive support due. In addition, such retroactive child support shall be
enforceable in any manner provided by law including, but not limited to,
an execution for support enforcement pursuant to subdivision (b) of
section fifty-two hundred forty-one of the civil practice law and rules.
When a child receiving support is a public assistance recipient, or the
order of support is being enforced or is to be enforced pursuant to
section one hundred eleven-g of the social services law, the court shall
establish the amount of retroactive child support and notify the parties
that such amount shall be enforced by the support collection unit pursu-
ant to an execution for support enforcement as provided for in subdivi-
sion (b) of section fifty-two hundred forty-one of the civil practice
law and rules, or in such periodic payments as would have been author-
ized had such an execution been issued. In such case, the court shall
not direct the schedule of repayment of retroactive support. Where such
direction is for child support and [paternity] PARENTAGE has been estab-
lished by a voluntary acknowledgment of [paternity] PARENTAGE as defined
in section forty-one hundred thirty-five-b of the public health law, the
court shall inquire of the parties whether the acknowledgment has been
duly filed, and unless satisfied that it has been so filed shall require
the clerk of the court to file such acknowledgment with the appropriate
registrar within five business days. The court shall not direct that
support payments be made to the support collection unit unless the
child, who is the subject of the order, is in receipt of public assist-
ance or child support services pursuant to section one hundred eleven-g
of the social services law. Any such order shall be enforceable pursu-
ant to section fifty-two hundred forty-one or fifty-two hundred forty-
two of the civil practice law and rules, or in any other manner provided
by law. Such orders or judgments for child support and maintenance
shall also be enforceable pursuant to article fifty-two of the civil
practice law and rules upon a debtor's default as such term is defined
in paragraph seven of subdivision (a) of section fifty-two hundred
forty-one of the civil practice law and rules. The establishment of a
default shall be subject to the procedures established for the determi-
nation of a mistake of fact for income executions pursuant to subdivi-
sion (e) of section fifty-two hundred forty-one of the civil practice
S. 7506--B 73 A. 9506--B
law and rules. For the purposes of enforcement of child support orders
or combined spousal and child support orders pursuant to section five
thousand two hundred forty-one of the civil practice law and rules, a
"default" shall be deemed to include amounts arising from retroactive
support. Where permitted under federal law and where the record of the
proceedings contains such information, such order shall include on its
face the social security number and the name and address of the employ-
er, if any, of the person chargeable with support provided, however,
that failure to comply with this requirement shall not invalidate such
order.
§ 15. Section 516-a of the family court act, as amended by chapter 398
of the laws of 1997, subdivisions (b) and (c) as amended by chapter 402
of the laws of 2013, and subdivision (d) as amended by chapter 343 of
the laws of 2009, is amended to read as follows:
§ 516-a. Acknowledgment of [paternity] PARENTAGE. (a) An acknowledg-
ment of [paternity] PARENTAGE executed pursuant to section one hundred
eleven-k of the social services law or section four thousand one hundred
thirty-five-b of the public health law shall establish the [paternity]
PARENTAGE of and liability for the support of a child pursuant to this
act. Such acknowledgment must be reduced to writing and filed pursuant
to section four thousand one hundred thirty-five-b of the public health
law with the registrar of the district in which the birth occurred and
in which the birth certificate has been filed. No further judicial or
administrative proceedings are required to ratify an unchallenged
acknowledgment of [paternity] PARENTAGE.
(b) (i) Where a signatory to an acknowledgment of [paternity] PARENT-
AGE executed pursuant to section one hundred eleven-k of the social
services law or section four thousand one hundred thirty-five-b of the
public health law had attained the age of eighteen at the time of
execution of the acknowledgment, the signatory may seek to rescind the
acknowledgment by filing a petition with the court to vacate the
acknowledgment within the earlier of sixty days of the date of signing
the acknowledgment or the date of an administrative or a judicial
proceeding (including, but not limited to, a proceeding to establish a
support order) relating to the child in which the signatory is a party.
For purposes of this section, the "date of an administrative or a judi-
cial proceeding" shall be the date by which the respondent is required
to answer the petition.
(ii) Where a signatory to an acknowledgment of [paternity] PARENTAGE
executed pursuant to section one hundred eleven-k of the social services
law or section four thousand one hundred thirty-five-b of the public
health law had not attained the age of eighteen at the time of execution
of the acknowledgment, the signatory may seek to rescind the acknowledg-
ment by filing a petition with the court to vacate the acknowledgment
anytime up to sixty days after the signatory's attaining the age of
eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition
to establish a support order) relating to the child in which the signa-
tory is a party, whichever is earlier; provided, however, that the
signatory must have been advised at such proceeding of his or her right
to file a petition to vacate the acknowledgment within sixty days of the
date of such proceeding.
(iii) Where a petition to vacate an acknowledgment of [paternity]
PARENTAGE has been filed in accordance with paragraph (i) or (ii) of
this subdivision, the court shall order genetic marker tests or DNA
tests for the determination of the child's [paternity] PARENTAGE. No
S. 7506--B 74 A. 9506--B
such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS SIGNED
BY THE INTENDED PARENT OF A CHILD BORN THROUGH ASSISTED REPRODUCTION
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
LAW, OR upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to a married [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall make a finding of [paternity] PARENTAGE and enter an order of
[filiation] PARENTAGE. If the court determines that the person who
signed the acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
(iv) After the expiration of the time limits set forth in paragraphs
(i) and (ii) of this subdivision, any of the signatories to an acknowl-
edgment of [paternity] PARENTAGE may challenge the acknowledgment in
court by alleging and proving fraud, duress, or material mistake of
fact. If the petitioner proves to the court that the acknowledgment of
[paternity] PARENTAGE was signed under fraud, duress, or due to a mate-
rial mistake of fact, the court shall then order genetic marker tests or
DNA tests for the determination of the child's [paternity] PARENTAGE.
No such test shall be ordered, however, WHERE THE ACKNOWLEDGMENT WAS
SIGNED BY THE INTENDED PARENT OF A CHILD BORN THROUGH ASSISTED REPROD-
UCTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE
OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH
LAW, OR upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel,
or the presumption of legitimacy of a child born to a married [woman]
PERSON. If the court determines, following the test, that the person who
signed the acknowledgment is the [father] PARENT of the child, the court
shall make a finding of [paternity] PARENTAGE and enter an order of
[filiation] PARENTAGE. If the court determines that the person who
signed the acknowledgment is not the [father] PARENT of the child, the
acknowledgment shall be vacated.
(v) If, at any time before or after a signatory has filed a petition
to vacate an acknowledgment of [paternity] PARENTAGE pursuant to this
subdivision, the signatory dies or becomes mentally ill or cannot be
found within the state, neither the proceeding nor the right to commence
the proceeding shall abate but may be commenced or continued by any of
the persons authorized by this article to commence a [paternity] PARENT-
AGE proceeding.
(c) AN ACKNOWLEDGMENT OF PARENTAGE IS VOID IF, AT THE TIME OF SIGNING,
ANY OF THE FOLLOWING ARE TRUE:
(I) A PERSON OTHER THAN THE SIGNATORIES IS A PRESUMED PARENT OF THE
CHILD PURSUANT TO SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW;
(II) A COURT HAS ENTERED A JUDGMENT OF PARENTAGE OF THE CHILD;
(III) ANOTHER PERSON HAS SIGNED A VALID ACKNOWLEDGMENT OF PARENTAGE
WITH REGARD TO THE CHILD;
(IV) THE CHILD HAS A PARENT PURSUANT TO SECTION 581-303 OF THE FAMILY
COURT ACT OTHER THAN THE SIGNATORIES;
(V) A SIGNATORY IS A GAMETE DONOR UNDER SECTION 581-302 OF THE FAMILY
COURT ACT; OR
(VI) THE ACKNOWLEDGMENT IS SIGNED BY A PERSON WHO ASSERTS THAT THEY
ARE A PARENT UNDER SECTION 581-303 OF THE FAMILY COURT ACT OF A CHILD
CONCEIVED THROUGH ASSISTED REPRODUCTION, BUT THE CHILD WAS NOT CONCEIVED
THROUGH ASSISTED REPRODUCTION.
S. 7506--B 75 A. 9506--B
(D) Neither signatory's legal obligations, including the obligation
for child support arising from the acknowledgment, may be suspended
during the challenge to the acknowledgment except for good cause as the
court may find. If the court vacates the acknowledgment of [paternity]
PARENTAGE, the court shall immediately provide a copy of the order to
the registrar of the district in which the child's birth certificate is
filed and also to the putative father registry operated by the depart-
ment of social services pursuant to section three hundred seventy-two-c
of the social services law. In addition, if the [mother] PARENT of the
child who is the subject of the acknowledgment is in receipt of child
support services pursuant to title six-A of article three of the social
services law, the court shall immediately provide a copy of the order to
the child support enforcement unit of the social services district that
provides the [mother] PARENT with such services.
[(d)] (E) A determination of [paternity] PARENTAGE made by any other
state, whether established through an administrative or judicial process
or through an acknowledgment of [paternity] PARENTAGE signed in accord-
ance with that state's laws, must be accorded full faith and credit
pursuant to section 466(a)(11) of title IV-D of the social security act
(42 U.S.C. § 666(a)(11)).
(F) ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE, OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF THE
SOCIAL SERVICES LAW, SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF
THE PUBLIC HEALTH LAW, OR SIGNED IN ANOTHER STATE CONSISTENT WITH THE
LAW OF THAT STATE.
§ 16. Paragraph (b) of subdivision 1 of section 1017 of the family
court act, as added by chapter 567 of the laws of 2015, is amended to
read as follows:
(b) The court shall also direct the local commissioner of social
services to conduct an investigation to locate any person who is not
recognized to be the child's legal parent and does not have the rights
of a legal parent under the laws of the state of New York but who (i)
has filed with a putative father registry an instrument acknowledging
[paternity] PARENTAGE of the child, pursuant to section 4-1.2 of the
estates, powers and trusts law, or (ii) has a pending [paternity]
PARENTAGE petition, or (iii) has been identified as a parent of the
child by the child's other parent in a written sworn statement. The
local commissioner of social services shall report the results of such
investigation to the court and parties, including the attorney for the
child.
§ 17. Section 4-1.2 of the estates, powers and trusts law, as amended
by chapter 67 of the laws of 1981, the section heading, the opening
paragraph of subparagraph 1 of paragraph (a), the opening paragraph of
subparagraph 2 of paragraph (a) and the opening paragraph of subpara-
graph 3 of paragraph (a) as amended by chapter 595 of the laws of 1992,
subparagraph 2 of paragraph (a) as amended by chapter 434 of the laws of
1987, clause (A) of subparagraph 2 of paragraph (a) as amended by chap-
ter 170 of the laws of 1994, and clause (C) of subparagraph 2 of para-
graph (a) and paragraph (b) as amended by chapter 64 of the laws of
2010, is amended to read as follows:
§ 4-1.2 Inheritance by non-marital children
(a) For the purposes of this article:
(1) A non-marital child is the legitimate child of his mother so that
he and his issue inherit from his mother and from his maternal kindred.
S. 7506--B 76 A. 9506--B
(2) A non-marital child is the legitimate child of his father OR NON-
GESTATING INTENDED PARENT so that he and his issue inherit from [his
father and his paternal] SUCH PARENT AND SUCH PARENT'S kindred if:
(A) a court of competent jurisdiction has, during the lifetime of the
father, made an order of filiation OR PARENTAGE declaring [paternity]
PARENTAGE or the [mother and father] PARENTAGE of the child [have
executed] HAS BEEN ESTABLISHED THROUGH THE EXECUTION OF an acknowledg-
ment of [paternity] PARENTAGE pursuant to section four thousand one
hundred thirty-five-b of the public health law, which has been filed
with the registrar of the district in which the birth certificate has
been filed or;
(B) the father of the child has signed an instrument acknowledging
[paternity] PARENTAGE, provided that
(i) such instrument is acknowledged or executed or proved in the form
required to entitle a deed to be recorded in the presence of one or more
witnesses and acknowledged by such witness or witnesses, in either case,
before a notary public or other officer authorized to take proof of
deeds and
(ii) such instrument is filed within sixty days from the making there-
of with the putative father registry established by the state department
of social services pursuant to section three hundred seventy-two-c of
the social services law, as added by chapter six hundred sixty-five of
the laws of nineteen hundred seventy-six and
(iii) the department of social services shall, within seven days of
the filing of the instrument, send written notice by registered mail to
the mother and other legal guardian of such child, notifying them that
an acknowledgment of [paternity] PARENTAGE instrument acknowledged or
executed by such [father] PARENT has been duly filed or;
(C) [paternity] PARENTAGE has been established by clear and convincing
evidence, which may include, but is not limited to: (i) evidence derived
from a genetic marker test, or (ii) evidence that the [father] PARENT
openly and notoriously acknowledged the child as his OR HER own, however
nothing in this section regarding genetic marker tests shall be
construed to expand or limit the current application of subdivision four
of section forty-two hundred ten of the public health law.
(3) The existence of an agreement obligating the father to support the
non-marital child does not qualify such child or his issue to inherit
from the father in the absence of an order of filiation made or acknowl-
edgement of [paternity] PARENTAGE as prescribed by subparagraph (2).
(4) A motion for relief from an order of filiation may be made only by
the father and a motion for relief from an acknowledgement of [paterni-
ty] PARENTAGE may be made by [the father, mother] A PARENT or other
legal guardian of such child, or the child, provided however, such
motion must be made within one year from the entry of such order or from
the date of written notice as provided for in subparagraph (2).
(b) If a non-marital child dies, his or her surviving spouse, issue,
mother, maternal kindred, father and paternal kindred inherit and are
entitled to letters of administration as if the decedent was a marital
child, provided that the father and paternal kindred may inherit or
obtain such letters only if the [paternity] PARENTAGE of the non-marital
child has been established pursuant to any of the provisions of subpara-
graph (2) of paragraph (a).
§ 18. Subdivision 1, paragraph g of subdivision 2, subdivision 3, and
subdivision 4 of section 111-c of the social services law, subdivision 1
as added by chapter 685 of the laws of 1975, paragraph g of subdivision
2 as added by chapter 809 of the laws of 1985, subdivision 3 as amended
S. 7506--B 77 A. 9506--B
by chapter 398 of the laws of 1997, and subdivision 4 as added by chap-
ter 343 of the laws of 2009, are amended to read as follows:
1. Each social services district shall establish a single organiza-
tional unit which shall be responsible for such district's activities in
assisting the state in the location of absent parents, establishment of
[paternity] PARENTAGE and enforcement and collection of support in
accordance with the regulations of the department.
g. obtain from respondent, when appropriate and in accordance with the
procedures established by section one hundred eleven-k of this chapter,
an acknowledgement of [paternity] PARENTAGE or an agreement to make
support payments, or both;
3. Notwithstanding the foregoing, the social services official shall
not be required to establish the [paternity] PARENTAGE of any child born
out-of-wedlock, or to secure support for any child, with respect to whom
such official has determined that such actions would be detrimental to
the best interests of the child, in accordance with procedures and
criteria established by regulations of the department consistent with
federal law.
4. a. A social services district represents the interests of the
district in performing its functions and duties as provided in this
title and not the interests of any party. The interests of a district
shall include, but are not limited to, establishing [paternity] PARENT-
AGE, and establishing, modifying and enforcing child support orders.
b. Notwithstanding any other provision of law, the provision of child
support services pursuant to this title does not constitute nor create
an attorney-client relationship between the individual receiving
services and any attorney representing or appearing for the district. A
social services district shall provide notice to any individual request-
ing or receiving services that the attorney representing or appearing
for the district does not represent the individual and that the individ-
ual has a right to retain his or her own legal counsel.
c. A social services district may appear in any action to establish
[paternity] PARENTAGE, or to establish, modify, or enforce an order of
support when an individual is receiving services under this title.
§ 19. Section 111-k of the social services law, as amended by chapter
398 of the laws of 1997, paragraphs (a) and (b) of subdivision 1 as
amended by chapter 214 of the laws of 1998, is amended to read as
follows:
§ 111-k. Procedures relating to acknowledgments of [paternity]
PARENTAGE, agreements to support, and genetic tests. 1. A social
services official or his or her designated representative who confers
with a potential respondent or respondent, hereinafter referred to in
this section as the "respondent", the mother of a child born out of
wedlock and any other interested persons, pursuant to section one
hundred eleven-c of this title, may obtain:
(a) an acknowledgment of [paternity] PARENTAGE of a child, as provided
for in article five-B or section five hundred sixteen-a of the family
court act, by a written statement, witnessed by two people not related
to the signator or as provided for in section four thousand one hundred
thirty-five-b of the public health law. Prior to the execution of such
acknowledgment by the child's mother and the respondent, they shall be
advised, orally, which may be through the use of audio or video equip-
ment, and in writing, of the consequences of making such an acknowledg-
ment. Upon the signing of an acknowledgment of [paternity] PARENTAGE
pursuant to this section, the social services official or his or her
S. 7506--B 78 A. 9506--B
representative shall file the original acknowledgment with the regist-
rar.
(b) an agreement to make support payments as provided in section four
hundred twenty-five of the family court act. Prior to the execution of
such agreement, the respondent shall be advised, orally, which may be
through the use of audio or video equipment, and in writing, of the
consequences of such agreement, that the respondent can be held liable
for support only if the family court, after a hearing, makes an order of
support; that respondent has a right to consult with an attorney and
that the agreement will be submitted to the family court for approval
pursuant to section four hundred twenty-five of the family court act;
and that by executing the agreement, the respondent waives any right to
a hearing regarding any matter contained in such agreement.
2. (a) When the paternity of a child is contested, a social services
official or designated representative may order the mother, the child,
and the alleged father to submit to one or more genetic marker or DNA
tests of a type generally acknowledged as reliable by an accreditation
body designated by the secretary of the federal department of health and
human services and performed by a laboratory approved by such an accred-
itation body and by the commissioner of health or by a duly qualified
physician to aid in the determination of whether or not the alleged
father is the father of the child. The order may be issued prior or
subsequent to the filing of a petition with the court to establish
paternity, shall be served on the parties by certified mail, and shall
include a sworn statement which either (i) alleges [paternity] PARENTAGE
and sets forth facts establishing a reasonable possibility of the requi-
site sexual contact between the parties, or (ii) denies [paternity]
PARENTAGE and sets forth facts establishing a reasonable possibility
that the party is not the father. The parties shall not be required to
submit to the administration and analysis of such tests if they sign a
voluntary acknowledgment of [paternity] PARENTAGE in accordance with
paragraph (a) of subdivision one of this section, or if there has been a
written finding by the court that it is not in the best interests of the
child on the basis of res judicata, equitable estoppel, THE CHILD WAS
CONCEIVED THROUGH ASSISTED REPRODUCTION or the presumption of legitimacy
of a child born to a married [woman] PERSON.
(b) The record or report of the results of any such genetic marker or
DNA test may be submitted to the family court as evidence pursuant to
subdivision (e) of rule forty-five hundred eighteen of the civil prac-
tice law and rules where no timely objection in writing has been made
thereto.
(c) The cost of any test ordered pursuant to this section shall be
paid by the social services district provided however, that the alleged
father shall reimburse the district for the cost of such test at such
time as the alleged father's [paternity] PARENTAGE is established by a
voluntary acknowledgment of [paternity] PARENTAGE or an order of filia-
tion. If either party contests the results of genetic marker or DNA
tests, an additional test may be ordered upon written request to the
social services district and advance payment by the requesting party.
(d) The parties shall be required to submit to such tests and appear
at any conference scheduled by the social services official or designee
to discuss the notice of the allegation of paternity or to discuss the
results of such tests. If the alleged [father] GENETIC PARENT fails to
appear at any such conference or fails to submit to such genetic marker
or DNA tests, the social services official or designee shall petition
the court to establish [paternity] PARENTAGE, provide the court with a
S. 7506--B 79 A. 9506--B
copy of the records or reports of such tests if any, and request the
court to issue an order for temporary support pursuant to section five
hundred forty-two of the family court act.
3. ANY REFERENCE TO AN ACKNOWLEDGMENT OF PATERNITY IN ANY LAW OF THIS
STATE OR ANY SIMILAR INSTRUMENT SIGNED IN ANOTHER STATE CONSISTENT WITH
THE LAW OF THAT STATE SHALL BE INTERPRETED TO MEAN AN ACKNOWLEDGMENT OF
PARENTAGE EXECUTED PURSUANT TO THIS SECTION, SECTION FOUR THOUSAND ONE
HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW OR SIGNED IN ANOTHER
STATE CONSISTENT WITH THE LAW OF THAT STATE.
§ 20. Subdivisions 1 and 2 of section 372-c of the social services
law, as amended by chapter 139 of the laws of 1979, are amended to read
as follows:
1. The department shall establish a putative father registry which
shall record the names and addresses of: (a) any person adjudicated by
a court of this state to be the [father] PARENT of a child born [out-of-
wedlock] OUT OF WEDLOCK; (b) any person who has filed with the registry
before or after the birth of a child [out-of-wedlock] OUT OF WEDLOCK, a
notice of intent to claim [paternity] PARENTAGE of the child; (c) any
person adjudicated by a court of another state or territory of the
United States to be the father of an [out-of-wedlock] OUT OF WEDLOCK
child, where a certified copy of the court order has been filed with the
registry by such person or any other person; (d) any person who has
filed with the registry an instrument acknowledging paternity pursuant
to section 4-1.2 of the estates, powers and trusts law.
2. A person filing a notice of intent to claim [paternity] PARENTAGE
of a child or an acknowledgement of paternity shall include therein his
current address and shall notify the registry of any change of address
pursuant to procedures prescribed by regulations of the department.
§ 21. Subdivision (a) of section 439 of the family court act, as
amended by section 1 of chapter 468 of the laws of 2012, is amended to
read as follows:
(a) The chief administrator of the courts shall provide, in accordance
with subdivision (f) of this section, for the appointment of a suffi-
cient number of support magistrates to hear and determine support
proceedings. Except as hereinafter provided, support magistrates shall
be empowered to hear, determine and grant any relief within the powers
of the court in any proceeding under this article, articles five,
five-A, [and] five-B AND FIVE-C and sections two hundred thirty-four and
two hundred thirty-five of this act, and objections raised pursuant to
section five thousand two hundred forty-one of the civil practice law
and rules. Support magistrates shall not be empowered to hear, determine
and grant any relief with respect to issues specified in section four
hundred fifty-five of this article, issues of contested [paternity]
PARENTAGE involving claims of equitable estoppel, custody, visitation
including visitation as a defense, DETERMINATIONS OF PARENTAGE MADE
PURSUANT TO SECTION 581-407 OF THIS ACT, and orders of protection or
exclusive possession of the home, which shall be referred to a judge as
provided in subdivision (b) or (c) of this section. Where an order of
filiation is issued by a judge in a paternity proceeding and child
support is in issue, the judge, or support magistrate upon referral from
the judge, shall be authorized to immediately make a temporary or final
order of support, as applicable. A support magistrate shall have the
authority to hear and decide motions and issue summonses and subpoenas
to produce persons pursuant to section one hundred fifty-three of this
act, hear and decide proceedings and issue any order authorized by
subdivision (g) of section five thousand two hundred forty-one of the
S. 7506--B 80 A. 9506--B
civil practice law and rules, issue subpoenas to produce prisoners
pursuant to section two thousand three hundred two of the civil practice
law and rules and make a determination that any person before the
support magistrate is in violation of an order of the court as author-
ized by section one hundred fifty-six of this act subject to confirma-
tion by a judge of the court who shall impose any punishment for such
violation as provided by law. A determination by a support magistrate
that a person is in willful violation of an order under subdivision
three of section four hundred fifty-four of this article and that recom-
mends commitment shall be transmitted to the parties, accompanied by
findings of fact, but the determination shall have no force and effect
until confirmed by a judge of the court.
§ 22. Subparagraph (D) of paragraph 17 of subsection (a) of section
1113 of the insurance law, as amended by chapter 551 of the laws of
1997, is amended to read as follows:
(D) (I)(I) Indemnifying an adoptive parent for verifiable expenses not
prohibited under the law paid to or on behalf of the birth mother when
either one or both of the birth parents of the child withdraw or with-
hold their consent to adoption. Such expenses may include maternity-con-
nected medical or hospital expenses of the birth mother, necessary
living expenses of the birth mother preceding and during confinement,
travel expenses of the birth mother to arrange for the adoption of the
child, legal fees of the birth mother, and any other expenses [which]
THAT an adoptive parent may lawfully pay to or on behalf of the birth
mother[.]; OR (II) INDEMNIFYING AN INTENDED PARENT FOR FINANCIAL LOSS
INCURRED AS A RESULT OF THE FAILURE BY THE PERSON ACTING AS SURROGATE TO
PERFORM UNDER THE SURROGACY CONTRACT DUE TO DEATH, BODILY INJURY, SICK-
NESS, DISAPPEARANCE OF THE PERSON ACTING AS SURROGATE, LATE MISCARRIAGE,
OR STILLBIRTH. SUCH FINANCIAL LOSS SHALL INCLUDE MEDICAL AND HOSPITAL
EXPENSES, INSURANCE CO-PAYMENTS, DEDUCTIBLES, AND COINSURANCE, NECESSARY
LIVING EXPENSES OF THE PERSON ACTING AS SURROGATE DURING THE TERM OF THE
SURROGACY CONTRACT, TRAVEL EXPENSES TO ARRANGE FOR THE SURROGACY, LEGAL
FEES OF THE PERSON ACTING AS SURROGATE, AND ANY OTHER EXPENSES THAT AN
INTENDED PARENT MAY LAWFULLY PAY TO OR ON BEHALF OF THE PERSON ACTING AS
SURROGATE; AND (II) For the purposes of this [section] SUBPARAGRAPH
"adoptive parent" means the parent or his or her spouse seeking to adopt
a child, "birth mother" means the biological mother of the child, "birth
parent" means the biological mother or biological father of the child,
AND THE TERMS "DONOR", "INTENDED PARENT", PERSON ACTING AS SURROGATE",
AND "SURROGACY AGREEMENT" SHALL HAVE THE MEANING SET FORTH IN SECTION
581-102 OF THE FAMILY COURT ACT; or
§ 23. Paragraph 32 of subsection (a) of section 1113 of the insurance
law, as renumbered by chapter 626 of the laws of 2006, is renumbered
paragraph 33 and a new paragraph 32 is added to read as follows:
(32) "DONOR MEDICAL EXPENSE INSURANCE" MEANS INSURANCE INDEMNIFYING AN
INTENDED PARENT FOR MEDICAL OR HOSPITAL EXPENSES THAT THE INTENDED
PARENT IS CONTRACTUALLY OBLIGATED TO PAY UNDER A DONOR AGREEMENT WHEN
THE EXPENSES RESULT FROM MEDICAL COMPLICATIONS THAT OCCUR AS A RESULT OF
THE DONATION OF GAMETES. FOR THE PURPOSE OF THIS PARAGRAPH, "DONOR",
"GAMETES" AND "INTENDED PARENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 581-102 OF THE FAMILY COURT ACT.
§ 24. Subsection (a) of section 2105 of the insurance law, as amended
by section 9 of part I of chapter 61 of the laws of 2011, is amended to
read as follows:
(a) The superintendent may issue an excess line broker's license to
any person, firm, association or corporation who or which is licensed as
S. 7506--B 81 A. 9506--B
an insurance broker under section two thousand one hundred four of this
article, or who or which is licensed as an excess line broker in the
licensee's home state, provided, however, that the applicant's home
state grants non-resident licenses to residents of this state on the
same basis, except that reciprocity is not required in regard to the
placement of liability insurance on behalf of a purchasing group or any
of its members; authorizing such person, firm, association or corpo-
ration to procure, subject to the restrictions herein provided, policies
of insurance from insurers which are not authorized to transact business
in this state of the kind or kinds of insurance specified in paragraphs
four through fourteen, sixteen, seventeen, nineteen, twenty, twenty-two,
twenty-seven, twenty-eight [and], thirty-one, AND THIRTY-TWO of
subsection (a) of section one thousand one hundred thirteen of this
chapter and in subsection (h) of this section, provided, however, that
the provisions of this section and section two thousand one hundred
eighteen of this article shall not apply to ocean marine insurance and
other contracts of insurance enumerated in subsections (b) and (c) of
section two thousand one hundred seventeen of this article. Such license
may be suspended or revoked by the superintendent whenever in his or her
judgment such suspension or revocation will best promote the interests
of the people of this state.
§ 25. Subsection (b) of section 4101 of the insurance law, as amended
by chapter 626 of the laws of 2006, is amended to read as follows:
(b) "Non-basic kinds of insurance" means the kinds of insurance
described in the following paragraphs of subsection (a) of section one
thousand one hundred thirteen of this chapter numbered therein as set
forth in parentheses below:
accident and health (item (i) of (3));
non-cancellable disability (item (ii) of (3));
miscellaneous property (5);
water damage (6);
collision (12);
property damage liability (14) - non-basic as to mutual companies
only;
motor vehicle and aircraft physical damage (19);
inland marine as specified in marine and inland marine (20);
marine protection and indemnity (21) - non-basic as to stock companies
only;
residual value (22);
credit unemployment (24);
gap (26);
prize indemnification (27);
service contract reimbursement (28);
legal services insurance (29);
involuntary unemployment insurance (30);
salary protection insurance (31);
DONOR MEDICAL EXPENSE INSURANCE (32).
§ 26. Group A of table one as contained in paragraph 1 of subsection
(a) of section 4103 of the insurance law, as amended by chapter 626 of
the laws of 2006, is amended to read as follows:
Group A:
7 $300,000 $150,000
8, 9, 10, 11, or 14 - for each such kind $100,000 $ 50,000
13 or 15 - for each such kind $500,000 $250,000
16 $900,000 $450,000
S. 7506--B 82 A. 9506--B
17 $400,000 $200,000
Basic additional amount
required for any one
or more of the above
kinds of insurance $100,000 $ 50,000
3(i), 3(ii), 6{1} or 12{2} - for each
such kind $100,000 $ 50,000
22 $2,000,000 $1,000,000
24 $400,000 $200,000
26(B) $200,000 $100,000
26(A), 26(C) or 26(D) -
for each such kind $600,000 $300,000
27 $300,000 $150,000
28 $2,000,000 $1,000,000
30 $400,000 $200,000
31 $100,000 $ 50,000
32 $100,000 $ 50,000
§ 27. Group C of table three as contained in subsection (b) of section
4107 of the insurance law, as amended by chapter 626 of the laws of
2006, is amended to read as follows:
Group C:
3(i) or 3(ii) - for each such kind $ 100,000 $ 100,000
22 $3,000,000 $2,000,000
24 $ 300,000 $ 300,000
26 (B) $ 300,000 $ 200,000
26(A), 26(C) or 26(D) -
for each such kind $ 900,000 $ 600,000
28 $3,000,000 $2,000,000
6{5}, 12{6} or 14{2} - for
each such kind $ 50,000 $ 50,000
27 $ 300,000 $ 150,000
30 $ 300,000 $ 300,000
31 $ 100,000 $ 100,000
32 $ 100,000 $ 100,000
§ 28. Section 4-1.3 of the estates, powers and trust law, as added by
chapter 439 of the laws of 2014, is amended to read as follows:
§ 4-1.3 Inheritance by children conceived after the death of [a genetic]
AN INTENDED parent
(a) When used in this article, unless the context or subject matter
manifestly requires a different interpretation:
(1) ["Genetic parent" shall mean a man who provides sperm or a woman
who provides ova used to conceive a child after the death of the man or
woman.
(2)] "Genetic material" shall mean sperm or ova provided by a genetic
parent.
[(3) "Genetic child" shall mean a child of the sperm or ova provided
by a genetic parent, but only if and when such child is born.]
(2) "CHILD" SHALL MEAN A CHILD CONCEIVED THROUGH ASSISTED REPROD-
UCTION.
(3) "INTENDED PARENT" SHALL HAVE THE SAME MEANING AS DEFINED IN
SECTION 581-102 OF THE FAMILY COURT ACT.
(b) For purposes of this article, a genetic child is the child of his
or her [genetic] INTENDED parent or parents and, notwithstanding para-
graph (c) of section 4-1.1 of this part, is a distributee of his or her
[genetic] INTENDED parent or parents and, notwithstanding subparagraph
S. 7506--B 83 A. 9506--B
(2) of paragraph (a) of section 2-1.3 of this chapter, is included in
any disposition of property to persons described in any instrument of
which [a genetic] AN INTENDED parent of the genetic child was the crea-
tor as the issue, children, descendants, heirs, heirs at law, next of
kin, distributees (or by any term of like import) of the creator if it
is established that:
(1) the [genetic] INTENDED parent in a written instrument executed
pursuant to the provisions of this section not more than seven years
before the death of the [genetic] INTENDED parent[:
(A)] expressly consented [to the use of his or her genetic material to
posthumously conceive his or her genetic child, and
(B)] THAT IF ASSISTED REPRODUCTION WERE TO OCCUR AFTER THE DEATH OF
THE INTENDED PARENT, THE DECEASED INDIVIDUAL WOULD BE A PARENT OF THE
CHILD; AND
(2) THE CHILD WAS IN UTERO NO LATER THAN TWENTY-FOUR MONTHS AFTER THE
INTENDED PARENT'S DEATH OR BORN NO LATER THAN THIRTY-THREE MONTHS AFTER
THE INTENDED PARENT'S DEATH.
(C) IF THE CHILD WAS CONCEIVED USING THE GENETIC MATERIAL OF THE
INTENDED PARENT, IT MUST FURTHER BE ESTABLISHED THAT:
(1) THE INTENDED PARENT IN A WRITTEN INSTRUMENT EXECUTED PURSUANT TO
THE PROVISIONS OF THIS SECTION NOT MORE THAN SEVEN YEARS BEFORE THE
DEATH OF THE INTENDED PARENT authorized a person to make decisions about
the use of the [genetic] INTENDED parent's genetic material after the
death of the [genetic] INTENDED parent;
(2) the person authorized in the written instrument to make decisions
about the use of the [genetic] INTENDED parent's genetic material gave
written notice, by certified mail, return receipt requested, or by
personal delivery, that the [genetic] INTENDED parent's genetic material
was available for the purpose of conceiving a [genetic] child of the
[genetic] INTENDED parent, and such written notice was given;
(A) within seven months from the date of the issuance of letters
testamentary or of administration on the estate of the [genetic]
INTENDED parent, as the case may be, to the person to whom such letters
have issued, or, if no letters have been issued within four months of
the death of the [genetic] INTENDED parent, and
(B) within seven months of the death of the [genetic] INTENDED parent
to a distributee of the [genetic] INTENDED parent; AND
(3) the person authorized in the written instrument to make decisions
about the use of the [genetic] INTENDED parent's genetic material
recorded the written instrument within seven months of the [genetic]
INTENDED parent's death in the office of the surrogate granting letters
on the [genetic] INTENDED parent's estate, or, if no such letters have
been granted, in the office of the surrogate having jurisdiction to
grant them[; and
(4) the genetic child was in utero no later than twenty-four months
after the genetic parent's death or born no later than thirty-three
months after the genetic parent's death].
[(c)] (D) The written instrument referred to in subparagraph (1) of
paragraph (b) of this section AND SUBPARAGRAPH (1) OF PARAGRAPH (C) OF
THIS SECTION:
(1) must be signed by the [genetic] INTENDED parent in the presence of
two witnesses who also sign the instrument REFERRED TO IN SUBPARAGRAPH
(1) OF PARAGRAPH (C) OF THIS SECTION, both of whom are at least eighteen
years of age and neither of whom is a person authorized under the
instrument to make decisions about the use of the [genetic] INTENDED
parent's genetic material;
S. 7506--B 84 A. 9506--B
(2) may be revoked only by a written instrument signed by the [genet-
ic] INTENDED parent and executed in the same manner as the instrument it
revokes;
(3) may not be altered or revoked by a provision in the will of the
[genetic] INTENDED parent;
(4) AN INSTRUMENT REFERRED TO IN SUBPARAGRAPH (1) OF PARAGRAPH (C) OF
THIS SECTION may authorize an alternate to make decisions about the use
of the [genetic] INTENDED parent's genetic material if the first person
so designated dies before the [genetic] INTENDED parent or is unable to
exercise the authority granted; [and]
(5) AN INSTRUMENT REFERRED TO IN SUBPARAGRAPH (1) OF PARAGRAPH (B) OF
THIS SECTION MAY BE SUBSTANTIALLY IN THE FOLLOWING FORM AND MUST BE
SIGNED AND DATED BY THE INTENDED PARENT AND PROPERLY WITNESSED:
I, ____________________________________________________________________,
(YOUR NAME AND ADDRESS)
CONSENT TO THE USE OF ASSISTED REPRODUCTION TO CONCEIVE A CHILD OR CHIL-
DREN OF MINE AFTER MY DEATH. I UNDERSTAND THAT, UNLESS I REVOKE THIS
CONSENT AND AUTHORIZATION IN A WRITTEN DOCUMENT SIGNED BY ME IN THE
PRESENCE OF TWO WITNESSES WHO ALSO SIGN THE DOCUMENT, THIS CONSENT AND
AUTHORIZATION WILL REMAIN IN EFFECT FOR SEVEN YEARS FROM THIS DAY AND
THAT I CANNOT REVOKE OR MODIFY THIS CONSENT AND DESIGNATION BY ANY
PROVISION IN MY WILL.
SIGNED THIS DAY OF ,
_____________________________________________
(YOUR SIGNATURE)
STATEMENT OF WITNESSES:
I DECLARE THAT THE PERSON WHO SIGNED THIS DOCUMENT IS PERSONALLY KNOWN
TO ME AND APPEARS TO BE OF SOUND MIND AND ACTING WILLINGLY AND FREE FROM
DURESS. HE OR SHE SIGNED THIS DOCUMENT IN MY PRESENCE. I AM NOT THE
PERSON AUTHORIZED IN THIS DOCUMENT TO CONTROL THE USE OF THE GENETIC
MATERIAL OF THE PERSON WHO SIGNED THIS DOCUMENT.
WITNESS:
ADDRESS:
DATE:
WITNESS:
ADDRESS:
DATE:
(6) may be substantially in the following form and must be signed and
dated by the [genetic] INTENDED parent and properly witnessed:
I, ____________________________________________________________________,
(Your name and address)
consent to the use of my (sperm or ova) (referred to below as my "genet-
ic material") to conceive a child or children of mine after my death,
and I authorize
________________________________________________________________________
(Name and address of person)
to decide whether and how my genetic material is to be used to conceive
a child or children of mine after my death. In the event that the
S. 7506--B 85 A. 9506--B
person authorized above dies before me or is unable to exercise the
authority granted I designate
________________________________________________________________________
(Name and address of person)
to decide whether and how my genetic material is to be used to conceive
a child or children of mine after my death. I understand that, unless I
revoke this consent and authorization in a written document signed by me
in the presence of two witnesses who also sign the document, this
consent and authorization will remain in effect for seven years from
this day and that I cannot revoke or modify this consent and designation
by any provision in my will.
Signed this day of ,
_____________________________________________
(Your signature)
Statement of witnesses:
I declare that the person who signed this document is personally known
to me and appears to be of sound mind and acting willingly and free from
duress. He or she signed this document in my presence. I am not the
person authorized in this document to control the use of the genetic
material of the person who signed this document.
Witness:
Address:
Date:
Witness:
Address:
Date:
[(d)] (E) Any authority granted in a written instrument authorized by
this section to a person who is the spouse of the [genetic] INTENDED
parent at the time of execution of the written instrument is revoked by
a final decree or judgment of divorce or annulment, or a final decree,
judgment or order declaring the nullity of the marriage between the
[genetic] INTENDED parent and the spouse or dissolving such marriage on
the ground of absence, recognized as valid under the law of this state,
or a final decree or judgment of separation, recognized as valid under
the law of this state, which was rendered against the spouse.
[(e)] (F) Process shall not issue to a [genetic] child who is a
distributee of [a genetic] AN INTENDED parent under sections one thou-
sand three and one thousand four hundred three of the surrogate's court
procedure act unless the child is in being at the time process issues.
[(f)] (G) Except as provided in paragraph (b) of this section with
regard to any disposition of property in any instrument of which the
[genetic] INTENDED parent of a [genetic] child is the creator, for
purposes of section 2-1.3 of this chapter a [genetic] child who is enti-
tled to inherit from [a genetic] AN INTENDED parent under this section
is a child of the [genetic] INTENDED parent for purposes of a disposi-
tion of property to persons described in any instrument as the issue,
children, descendants, heirs, heirs at law, next of kin, distributees
(or by any term of like import) of the creator or of another. This para-
graph shall apply to the wills of persons dying on or after September
first, two thousand fourteen, to lifetime instruments theretofore
executed which on said date are subject to the grantor's power to revoke
or amend, and to all lifetime instruments executed on or after such
date.
S. 7506--B 86 A. 9506--B
[(g)] (H) For purposes of section 3-3.3 of this chapter the terms
"issue", "surviving issue" and "issue surviving" include a [genetic]
child if he or she is entitled to inherit from his or her [genetic]
INTENDED parent under this section.
[(h)] (I) Where the validity of a disposition under the rule against
perpetuities depends on the ability of a person to have a child at some
future time, the possibility that such person may have a [genetic] child
CONCEIVED USING ASSISTED REPRODUCTION shall be disregarded. This
provision shall not apply for any purpose other than that of determining
the validity of a disposition under the rule against perpetuities where
such validity depends on the ability of a person to have a child at some
future time. A determination of validity or invalidity of a disposition
under the rule against perpetuities by the application of this provision
shall not be affected by the later birth of a [genetic] child CONCEIVED
USING ASSISTED REPRODUCTION disregarded under this provision.
[(i)] (J) The use of a genetic material after the death of the person
providing such material is subject exclusively to the provisions of this
section and to any valid and binding contractual agreement between such
person and the facility providing storage of the genetic material and
may not be the subject of a disposition in an instrument created by the
person providing such material or by any other person.
§ 29. This act shall take effect February 15, 2021, provided, however,
that the amendments to subdivision (a) of section 439 of the family
court act made by section twenty-one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
PART M
Intentionally Omitted
PART N
Section 1. Subdivision 10 of section 153 of the social services law,
as amended by section 1 of subpart B of part K of chapter 56 of the laws
of 2017, is amended to read as follows:
10. Expenditures made by a social services district for the mainte-
nance of children with disabilities, placed by school districts, pursu-
ant to section forty-four hundred five of the education law shall, if
approved by the office of children and family services, be subject to
[eighteen and four hundred twenty-four thousandths percent reimbursement
by the state and thirty-eight and four hundred twenty-four thousandths
percent reimbursement by school districts, except for social services
districts located within a city with a population of one million or
more, where such expenditures shall be subject to] fifty-six and eight
hundred forty-eight thousandths percent reimbursement by the school
district, in accordance with paragraph c of subdivision one of section
forty-four hundred five of the education law, after first deducting
therefrom any federal funds received or to be received on account of
such expenditures, except that in the case of a student attending a
state-operated school for the deaf or blind pursuant to article eighty-
seven or eighty-eight of the education law who was not placed in such
school by a school district such expenditures shall be subject to fifty
S. 7506--B 87 A. 9506--B
percent reimbursement by the [state] SCHOOL DISTRICT after first deduct-
ing therefrom any federal funds received or to be received on account of
such expenditures [and there shall be no reimbursement by school
districts]. Such expenditures shall not be subject to the limitations
on state reimbursement contained in subdivision two of section one
hundred fifty-three-k of this title. In the event of the failure of the
school district to make the maintenance payment pursuant to the
provisions of this subdivision, the state comptroller shall withhold
state reimbursement to any such school district in an amount equal to
the unpaid obligation for maintenance and pay over such sum to the
social services district upon certification of the commissioner of the
office of children and family services and the commissioner of education
that such funds are overdue and owed by such school district. The
commissioner of the office of children and family services, in consulta-
tion with the commissioner of education, shall promulgate regulations to
implement the provisions of this subdivision.
§ 2. Paragraph b of subdivision 1 of section 4405 of the education law
is REPEALED.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed April 1, 2021; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
PART O
Intentionally Omitted
PART P
Section 1. The education law is amended by adding a new section 363 to
read as follows:
§ 363. CURING ALZHEIMER'S HEALTH CONSORTIUM. 1. THERE IS HEREBY ESTAB-
LISHED WITHIN THE STATE UNIVERSITY OF NEW YORK THE CURING ALZHEIMER'S
HEALTH CONSORTIUM. THE CONSORTIUM SHALL HAVE AS ITS PURPOSE TO IDENTIFY
GENES THAT PREDICT AN INCREASED RISK FOR DEVELOPING THE DISEASE, COLLAB-
ORATING WITH RESEARCH INSTITUTIONS WITHIN THE STATE UNIVERSITY OF NEW
YORK SYSTEM, AND THE DEPARTMENT OF HEALTH, IN RESEARCH PROJECTS AND
STUDIES TO IDENTIFY OPPORTUNITIES TO DEVELOP NEW THERAPEUTIC TREATMENT
AND CURES FOR ALZHEIMER'S.
2. THE STATE UNIVERSITY OF NEW YORK SHALL ISSUE A REQUEST FOR
PROPOSALS TO PARTNER WITH HOSPITALS BOTH WITHIN THE STATE UNIVERSITY OF
NEW YORK AND OTHER NOT-FOR-PROFIT ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW HOSPITALS AND NON-PROFIT HIGHER EDUCATION RESEARCH INSTI-
TUTIONS TO MAP THE GENOMES OF INDIVIDUALS SUFFERING FROM OR AT RISK OF
ALZHEIMER'S.
§ 2. This act shall take effect immediately.
PART Q
Section 1. Subdivisions 5 and 6 of section 6456 of the education law,
as amended by section 1 of part U of chapter 54 of the laws of 2016 and
paragraph e of subdivision 5 as amended by section 1 of part BB of chap-
ter 56 of the laws of 2019, are amended to read as follows:
5. Moneys made available to institutions under this section shall be
spent for the following purposes:
S. 7506--B 88 A. 9506--B
a. to provide additional services and expenses to expand opportunities
through existing postsecondary opportunity programs at the state univer-
sity of New York, the city university of New York, and other degree-
granting higher education institutions for foster youth;
b. to provide any necessary supplemental financial aid for foster
youth, which may include the cost of tuition and fees, books, transpor-
tation, housing and other expenses as determined by the commissioner to
be necessary for such foster youth to attend college;
c. summer college preparation programs to help foster youth transition
to college, prepare them to navigate on-campus systems, and provide
preparation in reading, writing, and mathematics for foster youth who
need it; [or]
d. advisement, tutoring, and academic assistance for foster youth[.];
e. to provide supplemental housing and meals, INCLUDING BUT NOT LIMIT-
ED TO DURING INTERSESSION AND SUMMER BREAKS, for foster youth[.]; OR
F. MEDICAL EXPENSES INCLUDING, BUT NOT LIMITED TO, PRIMARY CARE,
BEHAVIORAL HEALTH, VISION AND DENTAL CARE WHICH IS NOT OTHERWISE COVERED
BY AN ELIGIBLE STUDENT'S HEALTH PLAN.
6. Eligible institutions shall file an application for approval by the
commissioner [no later than the first of May] each year demonstrating a
need for such funding, including how the funding would be used and how
many foster youth would be assisted with such funding. Successful appli-
cants will be funded as provided in subdivision four of this section.
§ 2. This act shall take effect immediately.
PART R
Section 1. Subdivisions 6 and 7 of section 412 of the social services
law, as added by chapter 1039 of the laws of 1973 and as renumbered by
chapter 323 of the laws of 2008, are amended to read as follows:
6. An "unfounded report" means any report made pursuant to this title
unless an investigation: (I) COMMENCED ON OR BEFORE DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-ONE determines that some credible evidence of
the alleged abuse or maltreatment exists; OR (II) COMMENCED ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-TWO DETERMINES THAT A FAIR PREPONDER-
ANCE OF THE EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT EXISTS;
7. An "indicated report" means a report made pursuant to this title if
an investigation: (I) COMMENCED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE determines that some credible evidence of the
alleged abuse or maltreatment exists[.]; OR (II) COMMENCED ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY-TWO DETERMINES THAT A FAIR PREPONDER-
ANCE OF THE EVIDENCE OF THE ALLEGED ABUSE OR MALTREATMENT EXISTS;
§ 2. Paragraph (c) of subdivision 2 of section 421 of the social
services law, as amended by chapter 718 of the laws of 1986, is amended
to read as follows:
(c) issue guidelines to assist local child protective services in the
interpretation and assessment of reports of abuse and maltreatment made
to the statewide central register described in section four hundred
twenty-two of this article. Such guidelines shall include information,
standards and criteria for the identification of [credible] evidence of
alleged abuse and maltreatment AS required to determine whether a report
may be indicated PURSUANT TO THIS ARTICLE.
§ 3. The opening paragraph of paragraph (a) of subdivision 5 of
section 422 of the social services law, as amended by section 7 of part
D of chapter 501 of the laws of 2012, is amended to read as follows:
S. 7506--B 89 A. 9506--B
Unless an investigation of a report conducted pursuant to this title
THAT IS COMMENCED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-ONE determines that there is some credible evidence of the alleged
abuse or maltreatment OR UNLESS AN INVESTIGATION OF A REPORT CONDUCTED
PURSUANT TO THIS TITLE THAT IS COMMENCED ON OR AFTER JANUARY FIRST, TWO
THOUSAND TWENTY-TWO DETERMINES THAT THERE IS A FAIR PREPONDERANCE OF THE
EVIDENCE THAT THE ALLEGED ABUSE OR MALTREATMENT OCCURRED, all informa-
tion identifying the subjects of the report and other persons named in
the report shall be legally sealed forthwith by the central register and
any local child protective services [or the state agency] which investi-
gated the report. Such unfounded reports may only be unsealed and made
available:
§ 4. Paragraph (c) of subdivision 5 of section 422 of the social
services law, as added by chapter 555 of the laws of 2000, is amended to
read as follows:
(c) Notwithstanding any other provision of law, the office of children
and family services may, in its discretion, grant a request to expunge
an unfounded report where: (i) the source of the report was convicted of
a violation of subdivision three of section 240.55 of the penal law in
regard to such report; or (ii) the subject of the report presents clear
and convincing evidence that affirmatively refutes the allegation of
abuse or maltreatment; provided however, that the absence of [credible]
A FAIR PREPONDERANCE OF THE evidence supporting the allegation of abuse
or maltreatment shall not be the sole basis to expunge the report. Noth-
ing in this paragraph shall require the office of children and family
services to hold an administrative hearing in deciding whether to
expunge a report. Such office shall make its determination upon review-
ing the written evidence submitted by the subject of the report and any
records or information obtained from the state or local agency which
investigated the allegations of abuse or maltreatment.
§ 5. Subparagraphs (ii), (iii), (iv) and (v) of paragraph (a) of
subdivision 8 of section 422 of the social services law, subparagraph
(ii) as amended by chapter 323 of the laws of 2008 and subparagraphs
(iii), (iv) and (v) as amended by chapter 12 of the laws of 1996, are
amended to read as follows:
(ii) Upon receipt of a request to amend the record of a child abuse
and maltreatment report the office of children and family services shall
immediately send a written request to the child protective service [or
the state agency] which was responsible for investigating the allega-
tions of abuse or maltreatment for all records, reports and other infor-
mation maintained by the service [or state agency] pertaining to such
indicated report. WHERE A PROCEEDING PURSUANT TO ARTICLE TEN OF THE
FAMILY COURT ACT BASED ON THE SAME ALLEGATIONS THAT WERE INDICATED IS
PENDING, THE REQUEST TO AMEND SHALL BE STAYED UNTIL THE DISPOSITION OF
SUCH FAMILY COURT PROCEEDING. The service [or state agency] shall as
expeditiously as possible but within no more than twenty working days of
receiving such request, forward all records, reports and other informa-
tion it maintains on such indicated report to the office of children and
family services, INCLUDING A COPY OF ANY PETITION OR COURT ORDER BASED
ON THE ALLEGATIONS THAT WERE INDICATED. [The] UNLESS SUCH REQUEST TO
AMEND HAS BEEN STAYED, THE office of children and family services shall
as expeditiously as possible but within no more than fifteen working
days of receiving such materials from the child protective service or
state agency, review all such materials in its possession concerning the
indicated report and determine, after affording such service [or state
agency] a reasonable opportunity to present its views, whether there is
S. 7506--B 90 A. 9506--B
a fair preponderance of the evidence to find that the subject committed
the act or acts of child abuse or maltreatment giving rise to the indi-
cated report and whether, based on guidelines developed by the office of
children and family services pursuant to subdivision five of section
four hundred twenty-four-a of this title, such act or acts could be
relevant and reasonably related to employment of the subject of the
report by a provider agency, as defined by subdivision three of section
four hundred twenty-four-a of this title, or relevant and reasonably
related to the subject of the report being allowed to have regular and
substantial contact with children who are cared for by a provider agen-
cy, or relevant and reasonably related to the approval or disapproval of
an application submitted by the subject of the report to a licensing
agency, as defined by subdivision four of section four hundred twenty-
four-a of this title.
(iii) If it is determined at the review held pursuant to this para-
graph [(a)] that there is [no credible] NOT A FAIR PREPONDERANCE OF THE
evidence in the record to find that the subject committed an act or acts
of child abuse or maltreatment, the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES shall amend the record to indicate that the report is
"unfounded" and notify the subject forthwith.
(iv) If it is determined at the review held pursuant to this paragraph
[(a)] that there is [some credible] A FAIR PREPONDERANCE OF THE evidence
in the record to find that the subject committed such act or acts but
that such act or acts could not be relevant and reasonably related to
the employment of the subject by a provider agency or to the subject
being allowed to have regular and substantial contact with children who
are cared for by a provider agency or the approval or disapproval of an
application which could be submitted by the subject to a licensing agen-
cy, the [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall be
precluded from informing a provider or licensing agency which makes an
inquiry to [the department] SUCH OFFICE pursuant to the provisions of
section four hundred twenty-four-a of this title concerning the subject
that the person about whom the inquiry is made is the subject of an
indicated report of child abuse or maltreatment. The [department] OFFICE
OF CHILDREN AND FAMILY SERVICES shall notify forthwith the subject of
the report of such determinations and that a fair hearing has been sche-
duled pursuant to paragraph (b) of this subdivision. The sole issue at
such hearing shall be whether the subject has been shown by [some credi-
ble] A FAIR PREPONDERANCE OF THE evidence to have committed the act or
acts of child abuse or maltreatment giving rise to the indicated report.
(v) If it is determined at the review held pursuant to this paragraph
[(a)] that there is [some credible] A FAIR PREPONDERANCE OF THE evidence
in the record to prove that the subject committed an act or acts of
child abuse or maltreatment and that such act or acts could be relevant
and reasonably related to the employment of the subject by a provider
agency or to the subject being allowed to have regular and substantial
contact with children cared for by a provider agency or the approval or
disapproval of an application which could be submitted by the subject to
a licensing agency, the [department] OFFICE OF CHILDREN AND FAMILY
SERVICES shall notify forthwith the subject of the report of such deter-
minations and that a fair hearing has been scheduled pursuant to para-
graph (b) of this subdivision.
§ 6. Subparagraph (ii) of paragraph (b) of subdivision 8 of section
422 of the social services law, as amended by chapter 12 of the laws of
1996, is amended to read as follows:
S. 7506--B 91 A. 9506--B
(ii) The burden of proof in such a hearing shall be on the child
protective service [or the state agency] which investigated the report[,
as the case may be]. In such a hearing, [the fact that there is] WHERE
a family court [finding of] PROCEEDING PURSUANT TO ARTICLE TEN OF THE
FAMILY COURT ACT HAS OCCURRED AND WHERE THE PETITION FOR SUCH PROCEEDING
ALLEGES THAT A RESPONDENT IN THAT PROCEEDING COMMITTED abuse or neglect
against the subject CHILD in regard to an allegation contained in [the]
A report INDICATED PURSUANT TO THIS SECTION: (A) WHERE THE COURT FINDS
THAT SUCH RESPONDENT DID COMMIT ABUSE OR NEGLECT THERE shall [create] BE
an irrebuttable presumption IN A FAIR HEARING HELD PURSUANT TO THIS
SUBDIVISION that said allegation is substantiated by [some credible] A
FAIR PREPONDERANCE OF THE evidence AS TO THAT RESPONDENT ON THAT ALLEGA-
TION; AND (B) WHERE SUCH CHILD PROTECTIVE SERVICE WITHDRAWS SUCH PETI-
TION WITH PREJUDICE, WHERE THE FAMILY COURT DISMISSES SUCH PETITION, OR
WHERE THE FAMILY COURT FINDS ON THE MERITS IN FAVOR OF THE RESPONDENT,
THERE SHALL BE AN IRREBUTTABLE PRESUMPTION IN A FAIR HEARING HELD PURSU-
ANT TO THIS SUBDIVISION THAT SAID ALLEGATION AS TO THAT RESPONDENT HAS
NOT BEEN PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE.
§ 7. Subparagraphs (i) and (ii) of paragraph (c) of subdivision 8 of
section 422 of the social services law, as amended by chapter 12 of the
laws of 1996, and the opening paragraph of subparagraph (ii) as amended
by chapter 323 of the laws of 2008, are amended to read as follows:
(i) If it is determined at the fair hearing that there is [no credi-
ble] NOT A FAIR PREPONDERANCE OF THE evidence in the record to find that
the subject committed an act or acts of child abuse or maltreatment, the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES shall amend the
record to reflect that such a finding was made at the administrative
hearing, order any child protective service [or state agency] which
investigated the report to similarly amend its records of the report,
and shall notify the subject forthwith of the determination.
(ii) Upon a determination made at a fair hearing [held on or after
January first, nineteen hundred eighty-six] scheduled pursuant to the
provisions of subparagraph (v) of paragraph (a) of this subdivision that
the subject has been shown by a fair preponderance of the evidence to
have committed the act or acts of child abuse or maltreatment giving
rise to the indicated report, the hearing officer shall determine, based
on guidelines developed by the office of children and family services
pursuant to subdivision five of section four hundred twenty-four-a of
this title, whether such act or acts are relevant and reasonably related
to employment of the subject by a provider agency, as defined by subdi-
vision three of section four hundred twenty-four-a of this title, or
relevant and reasonably related to the subject being allowed to have
regular and substantial contact with children who are cared for by a
provider agency or relevant and reasonably related to the approval or
disapproval of an application submitted by the subject to a licensing
agency, as defined by subdivision four of section four hundred twenty-
four-a of this title.
Upon a determination made at a fair hearing that the act or acts of
abuse or maltreatment are relevant and reasonably related to employment
of the subject by a provider agency or the subject being allowed to have
regular and substantial contact with children who are cared for by a
provider agency or the approval or denial of an application submitted by
the subject to a licensing agency, the [department] OFFICE OF CHILDREN
AND FAMILY SERVICES shall notify the subject forthwith. The [department]
OFFICE OF CHILDREN AND FAMILY SERVICES shall inform a provider or
licensing agency which makes an inquiry to [the department] SUCH OFFICE
S. 7506--B 92 A. 9506--B
pursuant to the provisions of section four hundred twenty-four-a of this
title concerning the subject that the person about whom the inquiry is
made is the subject of an indicated child abuse or maltreatment report.
The failure to determine at the fair hearing that the act or acts of
abuse and maltreatment are relevant and reasonably related to the
employment of the subject by a provider agency or to the subject being
allowed to have regular and substantial contact with children who are
cared for by a provider agency or the approval or denial of an applica-
tion submitted by the subject to a licensing agency shall preclude the
[department] OFFICE OF CHILDREN AND FAMILY SERVICES from informing a
provider or licensing agency which makes an inquiry to [the department]
SUCH OFFICE pursuant to the provisions of section four hundred twenty-
four-a of this title concerning the subject that the person about whom
the inquiry is made is the subject of an indicated child abuse or
maltreatment report.
§ 8. Paragraph (e) of subdivision 8 of section 422 of the social
services law, as added by chapter 12 of the laws of 1996, is amended to
read as follows:
(e) Should the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
grant the request of the subject of the report pursuant to this subdivi-
sion either through an administrative review or fair hearing to amend an
indicated report to an unfounded report[. Such], SUCH report shall be
legally sealed and shall be released and expunged in accordance with the
standards set forth in subdivision five of this section.
§ 9. Paragraph (e) of subdivision 1 of section 424-a of the social
services law, as amended by chapter 634 of the laws of 1988, subpara-
graphs (i), (ii) and (iii) as amended by chapter 12 of the laws of 1996,
and subparagraph (iv) as amended by section 8-a of part D of chapter 501
of the laws of 2012, is amended to read as follows:
(e) (i) Subject to the provisions of subparagraph (ii) of this para-
graph, the [department] OFFICE OF CHILDREN AND FAMILY SERVICES shall
inform the provider or licensing agency, or child care resource and
referral programs pursuant to subdivision six of this section whether or
not the person is the subject of an indicated child abuse and maltreat-
ment report only if:
[(a)] (A) (I) the time for the subject of the report to request an
amendment of the record of the report pursuant to subdivision eight of
section four hundred twenty-two has expired without any such request
having been made; or
[(b)](II) such request was made within such time and a fair hearing
regarding the request has been finally determined by the commissioner
and the record of the report has not been amended to unfound the report
or delete the person as a subject of the report; AND
(B) (I) THE PERSON IS THE SUBJECT OF AN INDICATED REPORT OF CHILD
ABUSE; OR
(II) THE PERSON IS NOT THE SUBJECT OF AN INDICATED REPORT OF CHILD
ABUSE AND IS THE SUBJECT OF A REPORT OF CHILD MALTREATMENT WHERE THE
INDICATION FOR CHILD MALTREATMENT OCCURRED WITHIN LESS THAN EIGHT YEARS
FROM THE DATE OF THE INQUIRY.
(ii) If the subject of an indicated report of child abuse or maltreat-
ment has not requested an amendment of the record of the report [within
the time specified in subdivision eight of section four hundred twenty-
two of this title or if the subject had a fair hearing pursuant to such
section prior to January first, nineteen hundred eighty-six] and an
inquiry is made to the [department] OFFICE OF CHILDREN AND FAMILY
SERVICES pursuant to this subdivision concerning the subject of the
S. 7506--B 93 A. 9506--B
report, [the department] SUCH OFFICE shall, as expeditiously as possible
but within no more than ten working days of receipt of the inquiry,
determine whether, in fact, the person about whom an inquiry is made is
the subject of an indicated report. Upon making a determination that the
person about whom the inquiry is made is the subject of an indicated
report of child abuse and maltreatment, the [department] OFFICE OF CHIL-
DREN AND FAMILY SERVICES shall immediately send a written request to the
child protective service or state agency which was responsible for
investigating the allegations of abuse or maltreatment for all records,
reports and other information maintained by the service or state agency
on the subject. The service or state agency shall, as expeditiously as
possible but within no more than twenty working days of receiving such
request, forward all records, reports and other information it maintains
on the indicated report to the [department] OFFICE OF CHILDREN AND FAMI-
LY SERVICES, INCLUDING A COPY OF ANY PETITION OR COURT ORDER BASED ON
THE ALLEGATIONS THAT WERE INDICATED. [The department] WHERE A PROCEED-
ING PURSUANT TO ARTICLE TEN OF THE FAMILY COURT ACT IS PENDING BASED ON
THE SAME ALLEGATIONS THAT WERE INDICATED, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL STAY DETERMINATION OF WHETHER THERE IS A FAIR
PREPONDERANCE OF THE EVIDENCE TO SUPPORT THE INDICATION UNTIL THE DISPO-
SITION OF SUCH FAMILY COURT PROCEEDING. UNLESS SUCH DETERMINATION HAS
BEEN STAYED, THE OFFICE OF CHILDREN AND FAMILY SERVICES shall, within
fifteen working days of receiving such records, reports and other infor-
mation from the child protective service or state agency, review all
records, reports and other information in its possession concerning the
subject and determine whether there is [some credible] A FAIR PREPONDER-
ANCE OF THE evidence to find that the subject had committed the act or
acts of child abuse or maltreatment giving rise to the indicated report.
(iii) If it is determined, after affording such service or state agen-
cy a reasonable opportunity to present its views, that there is [no
credible] NOT A FAIR PREPONDERANCE OF THE evidence in the record to find
that the subject committed such act or acts, the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES shall amend the record to indicate that the
report was unfounded and notify the inquiring party that the person
about whom the inquiry is made is not the subject of an indicated
report. [If the subject of the report had a fair hearing pursuant to
subdivision eight of section four hundred twenty-two of this title prior
to January first, nineteen hundred eighty-six and the fair hearing had
been finally determined by the commissioner and the record of the report
had not been amended to unfound the report or delete the person as a
subject of the report, then the department shall determine that there is
some credible evidence to find that the subject had committed the act or
acts of child abuse or maltreatment giving rise to the indicated
report.]
(iv) (A) If it is determined after a review by the office of all
records, reports and information in its possession concerning the
subject of the report that there is a preponderance of the evidence to
find that the subject committed the act or acts of child abuse or
maltreatment giving rise to the indicated report, the office shall also
determine whether such act or acts are relevant and reasonably related
to issues concerning the employment of the subject by a provider agency
or the subject being allowed to have regular and substantial contact
with individuals cared for by a provider agency or the approval or
disapproval of an application which has been submitted by the subject to
a licensing agency, based on guidelines developed pursuant to subdivi-
sion five of this section. If it is determined that such act or acts are
S. 7506--B 94 A. 9506--B
not relevant and related to such issues, the office shall be precluded
from informing the provider or licensing agency which made the inquiry
to the office pursuant to this section that the person about whom the
inquiry is made is the subject of an indicated report of child abuse or
maltreatment.
(B) WHERE THE SUBJECT OF THE REPORT IS NOT THE SUBJECT OF ANY INDI-
CATED REPORT OF CHILD ABUSE AND IS THE SUBJECT OF A REPORT OF CHILD
MALTREATMENT WHERE THE INDICATION FOR CHILD MALTREATMENT OCCURRED MORE
THAN EIGHT YEARS PRIOR TO THE DATE OF THE INQUIRY, ANY SUCH INDICATION
OF CHILD MALTREATMENT SHALL BE DEEMED TO BE NOT RELEVANT AND REASONABLY
RELATED TO EMPLOYMENT.
(v) If it is determined after a review by the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES of all records, reports and information in
its possession concerning the subject of the report that there is [some
credible] A FAIR PREPONDERANCE OF THE evidence to prove that the subject
committed the act or acts of abuse or maltreatment giving rise to the
indicated report [and that such act or acts are relevant and reasonably
related to issues concerning the employment of the subject by a provider
agency or to the subject being allowed to have regular and substantial
contact with children cared for by a provider agency or the approval or
disapproval of an application which has been submitted by the subject to
a licensing agency, the department shall inform the inquiring party that
the person about whom the inquiry is made is the subject of an indicated
report of child abuse and maltreatment; the department shall also notify
the subject of the inquiry of his or her fair hearing rights granted
pursuant to paragraph (c) of subdivision two of this section] THE OFFICE
OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY THE SUBJECT OF THE DETERMI-
NATION OF SUCH REPORT AND OF THE SUBJECT'S RIGHT TO REQUEST A FAIR HEAR-
ING. IF THE SUBJECT SHALL REQUEST A HEARING, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL SCHEDULE A FAIR HEARING AND SHALL PROVIDE NOTICE
OF THE SCHEDULED HEARING DATE TO THE SUBJECT, THE STATEWIDE CENTRAL
REGISTER AND, AS APPROPRIATE, TO THE CHILD PROTECTIVE SERVICE WHICH
INVESTIGATED SUCH REPORT.
(VI) THE BURDEN OF PROOF IN SUCH A HEARING SHALL BE ON THE CHILD
PROTECTIVE SERVICE WHICH INVESTIGATED THE REPORT. IN SUCH A HEARING,
WHERE A FAMILY COURT PROCEEDING PURSUANT TO ARTICLE TEN OF THE FAMILY
COURT ACT HAS OCCURRED AND WHERE THE PETITION FOR SUCH PROCEEDING
ALLEGES THAT A RESPONDENT IN THAT PROCEEDING COMMITTED ABUSE OR
MALTREATMENT AGAINST THE SUBJECT CHILD IN REGARD TO AN ALLEGATION
CONTAINED IN A REPORT INDICATED PURSUANT TO THIS SECTION: (A) WHERE THE
COURT FINDS THAT SUCH RESPONDENT DID COMMIT ABUSE OR MALTREATMENT THERE
SHALL BE AN IRREBUTTABLE PRESUMPTION IN A FAIR HEARING HELD PURSUANT TO
THIS SUBDIVISION THAT SAID ALLEGATION IS SUBSTANTIATED BY A FAIR PREPON-
DERANCE OF THE EVIDENCE AS TO THAT RESPONDENT ON THAT ALLEGATION; AND
(B) WHERE SUCH CHILD PROTECTIVE SERVICE WITHDRAWS SUCH PETITION WITH
PREJUDICE, WHERE THE FAMILY COURT DISMISSES SUCH PETITION, OR WHERE THE
FAMILY COURT FINDS ON THE MERITS IN FAVOR OF THE RESPONDENT, THERE SHALL
BE AN IRREBUTTABLE PRESUMPTION IN A FAIR HEARING HELD PURSUANT TO THIS
SUBDIVISION THAT SAID ALLEGATION AS TO THAT RESPONDENT HAS NOT BEEN
PROVEN BY A FAIR PREPONDERANCE OF THE EVIDENCE.
(VII) IF IT SHALL BE DETERMINED AT THE FAIR HEARING THAT THERE IS NO
FAIR PREPONDERANCE OF THE EVIDENCE IN THE RECORD TO FIND THAT THE
SUBJECT COMMITTED AN ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT, THE
OFFICE OF CHILDREN AND FAMILY SERVICES SHALL AMEND THE RECORD AS TO THAT
RESPONDENT ON THAT ALLEGATION TO REFLECT THAT SUCH A FINDING WAS MADE AT
THE ADMINISTRATIVE HEARING, ORDER ANY CHILD PROTECTIVE SERVICE WHICH
S. 7506--B 95 A. 9506--B
INVESTIGATED THE REPORT AS TO THAT RESPONDENT TO SIMILARLY AMEND ITS
RECORDS OF SUCH REPORT, NOTIFY THE SUBJECT OF THE DETERMINATION, AND
NOTIFY THE INQUIRING PARTY THAT THE PERSON ABOUT WHOM SUCH INQUIRY WAS
MADE IS NOT THE SUBJECT OF AN INDICATED REPORT ON THAT ALLEGATION.
(VIII) UPON A DETERMINATION AT THE FAIR HEARING THAT THE SUBJECT HAS
BEEN SHOWN, BY A FAIR PREPONDERANCE OF THE EVIDENCE TO HAVE COMMITTED
THE ACT OR ACTS OF CHILD ABUSE OR MALTREATMENT GIVING RISE TO THE INDI-
CATED REPORT, THE HEARING OFFICER SHALL DETERMINE, BASED ON GUIDELINES
DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION, WHETHER SUCH ACT OR ACTS ARE RELEVANT
AND REASONABLY RELATED TO THE SUBJECT BEING ALLOWED TO HAVE REGULAR AND
SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGENCY
AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR RELEVANT AND REASON-
ABLY RELATED TO THE APPROVAL OR DISAPPROVAL OF AN APPLICATION SUBMITTED
BY THE SUBJECT TO A LICENSING AGENCY AS DEFINED IN SUBDIVISION FOUR OF
THIS SECTION.
(IX) UPON A DETERMINATION MADE AT A FAIR HEARING THAT THE ACT OR ACTS
OF ABUSE OR MALTREATMENT ARE RELEVANT AND REASONABLY RELATED TO THE
EMPLOYMENT OF THE SUBJECT BY A PROVIDER AGENCY AS DEFINED IN SUBDIVISION
THREE OF THIS SECTION, THE SUBJECT BEING ALLOWED TO HAVE REGULAR AND
SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGENCY
AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR RELEVANT AND REASON-
ABLY RELATED TO THE APPROVAL OR DISAPPROVAL OF AN APPLICATION SUBMITTED
BY THE SUBJECT TO A LICENSING AGENCY AS DEFINED IN SUBDIVISION FOUR OF
THIS SECTION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOTIFY
THE SUBJECT AND SHALL INFORM THE INQUIRING PARTY THAT THE PERSON ABOUT
WHOM SUCH INQUIRY WAS MADE IS THE SUBJECT OF AN INDICATED REPORT OF
CHILD ABUSE OR MALTREATMENT.
(X) THE FAILURE TO DETERMINE AT THE FAIR HEARING THAT THE ACT OR ACTS
OF ABUSE OR MALTREATMENT ARE RELEVANT AND REASONABLY RELATED TO THE
EMPLOYMENT OF THE SUBJECT BY A PROVIDER AGENCY AS DEFINED IN SUBDIVISION
THREE OF THIS SECTION, THE SUBJECT BEING ALLOWED TO HAVE REGULAR AND
SUBSTANTIAL CONTACT WITH CHILDREN WHO ARE CARED FOR BY A PROVIDER AGENCY
AS DEFINED IN SUBDIVISION THREE OF THIS SECTION, OR RELEVANT AND REASON-
ABLY RELATED TO THE APPROVAL OR DISAPPROVAL OF AN APPLICATION SUBMITTED
BY THE SUBJECT TO A LICENSING AGENCY AS DEFINED IN SUBDIVISION FOUR OF
THIS SECTION, SHALL PRECLUDE THE OFFICE OF CHILDREN AND FAMILY SERVICES
FROM INFORMING A PROVIDER AGENCY AS DEFINED IN SUBDIVISION THREE OF THIS
SECTION OR LICENSING AGENCY AS DEFINED IN SUBDIVISION FOUR OF THIS
SECTION THAT SUCH PERSON IS THE SUBJECT OF AN INDICATED REPORT OF CHILD
ABUSE OR MALTREATMENT ON THAT ALLEGATION.
§ 10. Section 651-a of the family court act, as amended by chapter 12
of the laws of 1996, is amended to read as follows:
§ 651-a. Reports of child abuse and maltreatment; admissibility. In
any proceeding brought pursuant to this section to determine the custody
or visitation of minors, a report made to the statewide central register
of child abuse and maltreatment, pursuant to title six of article six of
the social services law, or a portion thereof, which is otherwise admis-
sible as a business record pursuant to rule forty-five hundred eighteen
of the civil practice law and rules shall not be admissible in evidence,
notwithstanding such rule, unless an investigation of such report
conducted pursuant to title six of article six of the social services
law COMMENCED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-
ONE has determined that there is some credible evidence of the alleged
abuse or maltreatment, OR UNLESS AN INVESTIGATION OF SUCH REPORT
CONDUCTED PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES
S. 7506--B 96 A. 9506--B
LAW COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO DETER-
MINES THAT THERE IS A FAIR PREPONDERANCE OF THE EVIDENCE OF THE ALLEGED
ABUSE OR MALTREATMENT, that the subject of the report has been notified
that the report is indicated. In addition, if such report has been
reviewed by the state commissioner of social services or his designee
and has been determined to be unfounded, it shall not be admissible in
evidence. If such report has been so reviewed and has been amended to
delete any finding, each such deleted finding shall not be admissible.
If the state commissioner of social services or his designee has amended
the report to add any new finding, each such new finding, together with
any portion of the original report not deleted by the commissioner or
his designee, shall be admissible if it meets the other requirements of
this section and is otherwise admissible as a business record. If such a
report, or portion thereof, is admissible in evidence but is uncorrob-
orated, it shall not be sufficient to make a fact finding of abuse or
maltreatment in such proceeding. Any other evidence tending to support
the reliability of such report shall be sufficient corroboration.
§ 11. This act shall take effect immediately; provided, however that
sections one, three, four, five, six, seven, eight, nine and ten of this
act shall take effect January 1, 2022. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made and completed by the office of children and family services on
or before such effective date.
PART S
Section 1. Paragraph (b) of subdivision 2 of section 576-d of the
private housing finance law, as amended by chapter 428 of the laws of
2004, is amended to read as follows:
(b) the total amount of loans made to any single agricultural producer
shall not exceed [one] TWO hundred thousand dollars per annum;
§ 2. This act shall take effect immediately.
PART T
Section 1. Paragraph c of subdivision 1 of section 656 of the private
housing finance law, as amended by chapter 336 of the laws of 2019, is
amended to read as follows:
c. No bonds or notes of the corporation shall be issued if upon such
issuance the aggregate principal amount of bonds and notes of the corpo-
ration then outstanding exceeds the lesser of [fourteen] FIFTEEN billion
five hundred million dollars or such amount as would cause the maximum
capital reserve fund requirement to exceed eighty-five million dollars;
provided that, in determining such aggregate principal amounts there
shall be deducted (i) all sums then available for the payment of such
bonds or notes either at maturity or through the operation of a sinking
fund; (ii) the aggregate principal amount of outstanding bonds issued
(a) to refund notes and (b) to refund bonds, theretofore issued and then
outstanding; and (iii) the aggregate principal amount of outstanding
notes issued to renew notes theretofore issued and then outstanding. The
provisions of the prior sentence notwithstanding, the corporation shall
not issue bonds if such issuance shall cause the maximum reserve fund
requirement to exceed thirty million dollars unless prior to such issu-
ance the senate and assembly shall have adopted a concurrent resolution
passed by the votes of a majority of all the members elected to each
S. 7506--B 97 A. 9506--B
such house and, subsequent thereto, the governor shall evidence in writ-
ing the governor's agreement with such resolution to the chairperson of
the corporation, which resolution shall be in full force and effect on
the date of issuance of the bonds, permitting the maximum capital
reserve fund requirement to equal or exceed the amount of the maximum
capital reserve fund requirement which would be effective upon the issu-
ance of the bonds in question, but in no event shall the maximum capital
reserve fund requirement exceed eighty-five million dollars.
§ 2. This act shall take effect immediately.
PART U
Section 1. Subdivision 3 of section 1 of chapter 21 of the laws of
1962, constituting the local emergency housing rent control act, as
amended by chapter 657 of the laws of 1967, is amended to read as
follows:
3. Local determination as to continuation of emergency. The continua-
tion, after May thirty-first, nineteen hundred sixty-seven, of the
public emergency requiring the regulation and control of residential
rents and evictions within cities having a population of one million or
more shall be a matter for local determination within each such city.
Any such determination shall be made by the local legislative body of
such city on or before April first, nineteen hundred sixty-seven and at
least once in every third year thereafter following a survey which the
city shall cause to be made of the supply of housing accommodations
within such city, the condition of such accommodations and the need for
continuing the regulation and control of residential rents and evictions
within such city, PROVIDED, HOWEVER, THAT WHEN THE DATE BY WHICH SUCH
DETERMINATION SHALL BE MADE FALLS IN A CALENDAR YEAR IMMEDIATELY FOLLOW-
ING A CALENDAR YEAR DURING WHICH A FEDERAL DECENNIAL CENSUS IS
CONDUCTED, SUCH DATE SHALL BE POSTPONED BY ONE YEAR. Such survey shall
be submitted to such legislative body not less than thirty nor more than
sixty days prior to the date of any such determination.
§ 2. This act shall take effect immediately.
PART V
Section 1. Subdivision 9 of section 131 of the social services law, as
added by chapter 103 of the laws of 1971 and as renumbered by chapter
473 of the laws of 1978, is amended to read as follows:
9. Upon determining that a person is eligible for any form or category
of public assistance, the social services official shall issue to any
such person to whom payment is to be made, an appropriate [identifica-
tion] PAYMENT ACCESS card, [with a photograph affixed,] in a form
approved by the [department] OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE, which shall be used as the [department] OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, by regulation, may prescribe for improved admin-
istration. [Any person, including the drawee bank, may require the pres-
entation of such identification card as a condition for the acceptance
and payment of a public assistance check.]
§ 2. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
490 of the vehicle and traffic law, as added by chapter 575 of the laws
of 2006, is amended to read as follows:
(iii) Notwithstanding any other law, rule or regulation to the contra-
ry, a person who is EITHER (A) sixty-two years of age or older and [who
is] a recipient of supplemental security income benefits OR (B) A RECIP-
S. 7506--B 98 A. 9506--B
IENT OF PUBLIC ASSISTANCE, AS DEFINED IN SUBDIVISION NINETEEN OF SECTION
TWO OF THE SOCIAL SERVICES LAW, SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM BENEFITS, PURSUANT TO SECTION NINETY-FIVE OF THE SOCIAL SERVICES
LAW, OR MEDICAL ASSISTANCE, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
THIRTY-EIGHT OF SECTION TWO OF THE SOCIAL SERVICES LAW, AND who has not
been issued a driver's license, or whose driver's license is expired, or
who surrendered his or her driver's license, shall be issued an iden-
tification card without the payment of any fee, upon submitting the
appropriate application. FOR PERSONS APPLYING FOR AN IDENTIFICATION CARD
PURSUANT TO CLAUSE (B) OF THIS SUBPARAGRAPH, SUCH APPLICATION SHALL
INCLUDE PROOF THAT SUCH PERSON IS IN RECEIPT OF PUBLIC ASSISTANCE,
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS, OR MEDICAL ASSIST-
ANCE, AS THE CASE MAY BE.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that section one of this
act shall take effect July 1, 2020.
PART W
Section 1. The tax law is amended by adding a new section 171-w to
read as follows:
§ 171-W. STATE SUPPORT FOR THE LOCAL ENFORCEMENT OF PAST-DUE PROPERTY
TAXES. 1. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT LOCAL GOVERN-
MENTS HAVE LIMITED MEANS TO ENFORCE THE COLLECTION OF PAST-DUE PROPERTY
TAXES. THE LEGISLATURE FURTHER FINDS THAT IT IS APPROPRIATE FOR THE
STATE TO SUPPORT THE LOCAL ENFORCEMENT OF PAST-DUE PROPERTY TAXES BY
AUTHORIZING THE COMMISSIONER TO ADMINISTER A PROGRAM TO DISALLOW STAR
CREDITS AND EXEMPTIONS TO DELINQUENT PROPERTY OWNERS BASED ON INFORMA-
TION REPORTED TO HIM OR HER BY MUNICIPAL OFFICIALS.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "DELINQUENT PROPERTY OWNER" MEANS A STAR RECIPIENT WHOSE PRIMARY
RESIDENCE IS SUBJECT TO PAST-DUE PROPERTY TAXES.
(B) "PAST-DUE PROPERTY TAXES" MEANS PROPERTY TAXES THAT HAVE BEEN
LEVIED UPON A PROPERTY OWNER'S PRIMARY RESIDENCE THAT REMAIN UNPAID ONE
YEAR AFTER THE LAST DATE ON WHICH THEY COULD HAVE BEEN PAID WITHOUT
INTEREST, OR WHERE SUCH TAXES ARE PAYABLE IN INSTALLMENTS, THOSE TAXES
THAT REMAIN UNPAID ONE YEAR AFTER THE LAST DATE ON WHICH THE FINAL
INSTALLMENT COULD HAVE BEEN PAID WITHOUT INTEREST.
(C) "STAR CREDIT" MEANS THE BASIC STAR PERSONAL INCOME TAX CREDIT
AUTHORIZED BY SUBSECTION (EEE) OF SECTION SIX HUNDRED SIX OF THIS CHAP-
TER.
(D) "STAR EXEMPTION" MEANS THE BASIC STAR EXEMPTION FROM REAL PROPERTY
TAXATION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL
PROPERTY TAX LAW.
(E) "STAR RECIPIENT" MEANS A PROPERTY OWNER WHO IS REGISTERED TO
RECEIVE THE STAR CREDIT IN RELATION TO HIS OR HER PRIMARY RESIDENCE, OR
WHOSE PRIMARY RESIDENCE IS RECEIVING THE STAR EXEMPTION.
3. STAR TAX PAYMENT REQUIREMENT; GENERALLY. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, A PROPERTY OWNER WHOSE PRIMARY RESI-
DENCE IS SUBJECT TO PAST-DUE PROPERTY TAXES SHALL NOT BE ALLOWED TO
RECEIVE A STAR CREDIT OR STAR EXEMPTION UNLESS THE PAST-DUE PROPERTY
TAXES ARE PAID IN FULL ON OR BEFORE A DATE SPECIFIED BY THE COMMISSION-
ER.
4. COMMISSIONER'S AUTHORITY. THE COMMISSIONER IS HEREBY AUTHORIZED TO
DEVELOP A PROGRAM TO SUPPORT THE LOCAL ENFORCEMENT OF PAST-DUE PROPERTY
TAXES BY DISALLOWING STAR CREDITS AND STAR EXEMPTIONS TO DELINQUENT
S. 7506--B 99 A. 9506--B
PROPERTY OWNERS. THE COMMISSIONER SHALL ESTABLISH PROCEDURES FOR THE
ADMINISTRATION OF THIS PROGRAM, WHICH SHALL INCLUDE THE FOLLOWING
PROVISIONS:
(A) THE PROCEDURES BY WHICH MUNICIPAL OFFICIALS SHALL REPORT PAST-DUE
PROPERTY TAXES AND PROPERTY TAX PAYMENTS TO THE DEPARTMENT.
(B) THE PROCEDURES BY WHICH THE DEPARTMENT SHALL NOTIFY DELINQUENT
PROPERTY OWNERS OF THE IMPENDING DISALLOWANCE OF THEIR STAR CREDITS OR
EXEMPTIONS DUE TO PAST-DUE PROPERTY TAXES.
(C) THE DATE BY WHICH DELINQUENT PROPERTY OWNERS MUST PAY THEIR PAST-
DUE PROPERTY TAXES IN FULL IN ORDER TO AVOID DISALLOWANCE OF THEIR STAR
CREDITS OR EXEMPTIONS.
(D) THE PROCEDURES BY WHICH THE COMMISSIONER SHALL DISALLOW STAR CRED-
ITS AND NOTIFY ASSESSORS OF THE DISALLOWANCE OF STAR EXEMPTIONS IF PAST-
DUE PROPERTY TAXES ARE NOT PAID IN FULL BY THE SPECIFIED DATE.
(E) SUCH OTHER PROCEDURES AS THE COMMISSIONER SHALL DEEM NECESSARY TO
CARRY OUT THE PROVISIONS OF THIS SECTION.
5. MUNICIPAL REPORTS. THE COMMISSIONER'S PROCEDURES REGARDING MUNICI-
PAL REPORTING SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS:
(A) THE COMMISSIONER MAY REQUEST AND SHALL BE ENTITLED TO RECEIVE FROM
ANY MUNICIPAL CORPORATION OF THE STATE, OR ANY AGENCY OR OFFICIAL THERE-
OF, SUCH DATA AS THE COMMISSIONER DEEMS NECESSARY TO EFFECTUATE THE
PURPOSES OF THIS SECTION. SUCH INFORMATION SHALL BE SUBMITTED TO THE
DEPARTMENT AT SUCH TIME AND IN SUCH MANNER AS THE COMMISSIONER MAY
DIRECT.
(B) IN LIEU OF REQUIRING MUNICIPAL OFFICIALS TO SUBMIT THEIR REPORTS
DIRECTLY TO THE DEPARTMENT, THE COMMISSIONER MAY, IN HIS OR HER
DISCRETION, REQUIRE THAT SUCH REPORTS BE SUBMITTED TO THE COUNTY DIREC-
TOR OF REAL PROPERTY TAX SERVICES, WHO SHALL INTEGRATE THE REPORTS INTO
A SINGLE FILE AND SUBMIT IT TO THE DEPARTMENT AT SUCH TIME AND IN SUCH
MANNER AS THE COMMISSIONER MAY DIRECT. PROVIDED, THAT WHERE THE COMMIS-
SIONER INSTITUTES SUCH A PROCEDURE, HE OR SHE MAY EXCLUDE CITIES WITH
ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS OR MORE, SO THAT INFORMA-
TION ABOUT PAST-DUE PROPERTY TAXES AND PROPERTY TAX PAYMENTS IN SUCH A
CITY SHALL BE REPORTED DIRECTLY TO THE DEPARTMENT BY A DESIGNATED CITY
OFFICIAL AT SUCH TIME AND IN SUCH MANNER AS THE COMMISSIONER MAY DIRECT.
(C) REPORTS AND OTHER RECORDS PREPARED PURSUANT TO THIS SECTION SHALL
NOT BE SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
6. NOTIFICATION OF DELINQUENT PROPERTY OWNERS. THE COMMISSIONER'S
PROCEDURES REGARDING THE NOTIFICATION OF DELINQUENT PROPERTY OWNERS
SHALL BE SUBJECT TO THE FOLLOWING PROVISIONS:
(A) THE DEPARTMENT SHALL NOTIFY A DELINQUENT PROPERTY OWNER BY REGULAR
MAIL AT LEAST THIRTY DAYS PRIOR TO THE DATE BY WHICH HIS OR HER PAST-DUE
PROPERTY TAXES MUST BE PAID IN FULL IN ORDER TO AVOID DISALLOWANCE OF
HIS OR HER STAR CREDIT OR EXEMPTION.
(B) SUCH NOTICE SHALL INCLUDE A STATEMENT THAT THE PROPERTY OWNER'S
STAR CREDIT OR EXEMPTION WILL BE DISALLOWED UNLESS HIS OR HER PAST-DUE
PROPERTY TAXES ARE PAID IN FULL BY THE DATE SPECIFIED IN THE NOTICE.
(C) TO THE EXTENT PRACTICABLE, SUCH NOTICE SHALL PROVIDE CONTACT
INFORMATION FOR THE LOCAL OFFICIAL OR OFFICIALS TO WHOM THE PAST-DUE
PROPERTY TAXES MAY BE PAID.
(D) SUCH NOTICE SHALL FURTHER STATE THAT THE PROPERTY OWNER'S RIGHT TO
PROTEST THE DISALLOWANCE OF THE STAR CREDIT OR EXEMPTION IS LIMITED TO
RAISING ISSUES THAT CONSTITUTE A "MISTAKE OF FACT" AS DEFINED IN SUBDI-
VISION NINE OF THIS SECTION.
S. 7506--B 100 A. 9506--B
(E) SUCH NOTICE MAY INCLUDE SUCH OTHER INFORMATION AS THE COMMISSIONER
MAY DEEM NECESSARY.
7. TIMELY PAYMENT OF PAST-DUE PROPERTY TAXES. IF A DELINQUENT PROPERTY
OWNER PAYS HIS OR HER PAST-DUE PROPERTY TAXES IN FULL ON OR BEFORE THE
DATE SPECIFIED IN SUCH NOTICE, THE OFFICIAL RECEIVING SUCH PAYMENT SHALL
SO NOTIFY THE DEPARTMENT AT SUCH TIME AND IN SUCH MANNER AS PRESCRIBED
BY THE COMMISSIONER. THE PROPERTY OWNER SHALL THEN BE PERMITTED TO
RECEIVE THE STAR CREDIT OR EXEMPTION THAT WOULD HAVE BEEN DISALLOWED IF
TIMELY PAYMENT HAD NOT BEEN MADE. HOWEVER, IF THE DEPARTMENT DOES NOT
LEARN OF THE PAYMENT UNTIL AFTER IT HAS ALREADY DIRECTED AN ASSESSOR TO
DENY A STAR EXEMPTION TO A DELINQUENT PROPERTY OWNER, THEN IN LIEU OF
DIRECTING THE EXEMPTION TO BE RESTORED, THE DEPARTMENT MAY REMIT TO THE
PROPERTY OWNER PAYMENT IN AN AMOUNT THAT WILL REIMBURSE THE PROPERTY
OWNER FOR THE INCREASE IN HIS OR HER SCHOOL TAX BILL THAT IS DIRECTLY
ATTRIBUTABLE TO THE LOST STAR EXEMPTION.
8. FAILURE TO MAKE TIMELY PAYMENT. (A) IF THE PAST-DUE TAXES ARE NOT
PAID ON OR BEFORE THE DATE SPECIFIED IN THE NOTICE THAT HAD BEEN SENT TO
THE DELINQUENT PROPERTY OWNER, HIS OR HER STAR CREDIT OR STAR EXEMPTION
SHALL BE DISALLOWED IN ACCORDANCE WITH THE PROCEDURES ESTABLISHED BY THE
COMMISSIONER.
(B) THE PROPERTY OWNER SHALL NOT BE ELIGIBLE TO PARTICIPATE IN THE
STAR PROGRAM AGAIN AS LONG AS THE PROPERTY IS SUBJECT TO PAST-DUE PROP-
ERTY TAXES.
(C) UPON PAYMENT OF THE PAST-DUE PROPERTY TAXES IN FULL, THE OFFICIAL
RECEIVING SUCH PAYMENT SHALL NOTIFY THE DEPARTMENT AT SUCH TIME AND IN
SUCH MANNER AS MAY BE PRESCRIBED BY THE COMMISSIONER. THE COMMISSIONER
SHALL THEN PROCEED AS FOLLOWS:
(I) IF THE PROPERTY OWNER HAD PREVIOUSLY BEEN RECEIVING THE STAR CRED-
IT, THE COMMISSIONER SHALL ALLOW THE PROPERTY OWNER TO RESUME HIS OR HER
PARTICIPATION IN THE STAR CREDIT PROGRAM ON A PROSPECTIVE BASIS, IF
OTHERWISE ELIGIBLE, EFFECTIVE WITH THE FIRST TAXABLE YEAR COMMENCING
AFTER SUCH PAYMENT.
(II) IF THE PROPERTY OWNER HAD PREVIOUSLY BEEN RECEIVING THE STAR
EXEMPTION, THE COMMISSIONER SHALL ALLOW THE PROPERTY OWNER TO PARTIC-
IPATE IN THE STAR CREDIT PROGRAM ON A PROSPECTIVE BASIS, IF OTHERWISE
ELIGIBLE, EFFECTIVE WITH THE FIRST TAXABLE YEAR COMMENCING AFTER SUCH
PAYMENT. THE PROPERTY OWNER SHALL NOT BE ALLOWED BACK INTO THE STAR
EXEMPTION PROGRAM.
(III) THE COMMISSIONER SHALL, WHEN MAKING THE FIRST ADVANCED PAYMENT
OF A STAR CREDIT TO THE PROPERTY TAXPAYER AFTER PAYMENT OF THE PAST-DUE
PROPERTY TAXES IN FULL, ALSO PAY TO SUCH PROPERTY TAXPAYER THE VALUE OF
THE STAR EXEMPTIONS OR STAR CREDITS THAT WERE DISALLOWED PURSUANT TO
PARAGRAPH A OF THIS SUBDIVISION.
9. MISTAKE OF FACT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
DISALLOWANCE OF A STAR CREDIT OR STAR EXEMPTION PURSUANT TO THIS SECTION
MAY ONLY BE CHALLENGED BEFORE THE DEPARTMENT ON THE GROUNDS OF A MISTAKE
OF FACT AS DEFINED IN THIS SUBDIVISION. THE TAXPAYER WILL HAVE NO RIGHT
TO COMMENCE A COURT ACTION, ADMINISTRATIVE PROCEEDING OR ANY OTHER FORM
OF LEGAL RECOURSE AGAINST AN ASSESSOR, COUNTY DIRECTOR OF REAL PROPERTY
TAX SERVICES OR OTHER LOCAL OFFICIAL REGARDING SUCH DISALLOWANCE. FOR
THE PURPOSES OF THIS SUBDIVISION, "MISTAKE OF FACT" IS LIMITED TO CLAIMS
THAT: (I) THE INDIVIDUAL NOTIFIED IS NOT THE TAXPAYER AT ISSUE; OR (II)
THE PAST-DUE PROPERTY TAXES WERE SATISFIED BEFORE THE DATE SPECIFIED IN
THE NOTICE DESCRIBED IN SUBDIVISION SIX OF THIS SECTION. HOWEVER, NOTH-
ING IN THIS SUBDIVISION IS INTENDED TO LIMIT A TAXPAYER FROM SEEKING
RELIEF FROM JOINT AND SEVERAL LIABILITY PURSUANT TO SECTION SIX HUNDRED
S. 7506--B 101 A. 9506--B
FIFTY-FOUR OF THIS CHAPTER TO THE EXTENT THAT HE OR SHE IS ELIGIBLE
PURSUANT TO THAT SUBDIVISION OR ESTABLISHING TO THE DEPARTMENT THAT THE
ENFORCEMENT OF THE UNDERLYING PROPERTY TAXES HAS BEEN STAYED BY THE
FILING OF A PETITION PURSUANT TO THE BANKRUPTCY CODE OF 1978 (TITLE
ELEVEN OF THE UNITED STATES CODE).
10. ASSESSORS. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRA-
RY, THE DEPARTMENT MAY DISCLOSE TO ASSESSORS SUCH INFORMATION AS THE
COMMISSIONER DEEMS NECESSARY TO ENSURE THAT THE STAR EXEMPTIONS OF
DELINQUENT PROPERTY OWNERS ARE DISALLOWED AS REQUIRED BY THIS SECTION.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN ASSESSOR
SHALL BE AUTHORIZED AND DIRECTED TO DENY A STAR EXEMPTION TO A DELIN-
QUENT PROPERTY OWNER UPON BEING DIRECTED BY THE DEPARTMENT TO DO SO. IF
AN ASSESSOR SHOULD RECEIVE SUCH A DIRECTIVE AFTER THE APPLICABLE ASSESS-
MENT ROLL HAS BEEN FILED, THE ASSESSOR OR OTHER OFFICIAL HAVING CUSTODY
AND CONTROL OF THAT ROLL SHALL BE AUTHORIZED AND DIRECTED TO REMOVE SUCH
EXEMPTION FROM SUCH ROLL PRIOR TO THE LEVY OF SCHOOL TAXES, WITHOUT
REGARD TO THE PROVISIONS OF TITLE THREE OF ARTICLE FIVE OF THE REAL
PROPERTY TAX LAW OR ANY COMPARABLE LAWS GOVERNING THE CORRECTION OF
ADMINISTRATIVE ERRORS ON ASSESSMENT ROLLS AND TAX ROLLS.
11. RECOVERY OF STAR BENEFITS IN CERTAIN CASES. THE COMMISSIONER MAY
ESTABLISH PROCEDURES TO BE FOLLOWED IN CASES WHERE A STAR CREDIT OR
EXEMPTION WAS INADVERTENTLY OR ERRONEOUSLY PROVIDED TO A DELINQUENT
PROPERTY OWNER WHO WAS SENT THE NOTICE REQUIRED BY SUBDIVISION SIX OF
THIS SECTION, AND WHOSE PAST-DUE PROPERTY TAXES WERE NOT PAID IN FULL BY
THE DATE SPECIFIED IN THE NOTICE. SUCH PROCEDURES SHALL INCLUDE, BUT NOT
BE LIMITED TO, (A) APPLYING THE IMPROPERLY RECEIVED STAR CREDIT OR
EXEMPTION AS AN OFFSET AGAINST FUTURE STAR CREDITS OR AGAINST OTHER
PERSONAL INCOME TAX CREDITS OR PERSONAL INCOME TAX REFUNDS TO WHICH THE
DELINQUENT PROPERTY OWNER WOULD OTHERWISE BE ENTITLED, AND (B) PURSUING
ANY OF THE OTHER REMEDIES THAT ARE AVAILABLE TO ENFORCE A PERSONAL
INCOME TAX DEBT UNDER ARTICLE TWENTY-TWO OF THIS CHAPTER.
§ 2. This act shall take effect immediately.
PART X
Section 1. Section 851 of the tax law is amended by adding a new
subsection (d) to read as follows:
(D) IF AN EMPLOYER DETERMINES THAT THE ELECTION MADE PURSUANT TO
SUBSECTION (B) OF THIS SECTION WAS IN ERROR AND SUCH EMPLOYER DOES NOT
WISH TO PARTICIPATE IN THE PROGRAM FOR THE CALENDAR YEAR AND HAS TAKEN
NO ACTION TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE, THE EMPLOYER
MAY REVOKE THE ELECTION TO PARTICIPATE IN THE PROGRAM. FOR THE CALENDAR
YEAR TWO THOUSAND TWENTY, SUCH REVOCATION OF THE EMPLOYER ELECTION MAY
BE MADE ON OR BEFORE APRIL FIFTEENTH, TWO THOUSAND TWENTY. FOR CALENDAR
YEARS BEGINNING TWO THOUSAND TWENTY-ONE AND THEREAFTER, SUCH REVOCATION
OF THE EMPLOYER ELECTION MUST BE MADE NO LATER THAN JANUARY FIFTEENTH OF
THE IMMEDIATELY SUCCEEDING CALENDAR YEAR AFTER THE EMPLOYER ELECTION WAS
MADE.
§ 2. This act shall take effect immediately.
PART Y
Section 1. 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
S. 7506--B 102 A. 9506--B
2003-04 state fiscal year, as amended by section 14 of part H of chapter
57 of the laws of 2017, 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, [2020] 2023,
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, [2020] 2023, 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, [2020] 2023, 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, 2020, the commis-
sioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized for distribution in accordance with the provisions of
paragraph (e) of subdivision 1 of section 2807-l of the public health
law for the purpose of payment for administrative costs of the depart-
ment of health related to the health occupation development and work-
place demonstration program established pursuant to section 2807-h and
the health workforce retraining program established pursuant to section
2807-g of the public health law into the special revenue funds - other,
health care reform act (HCRA) resources fund - 061, health occupation
development and workplace demonstration program account, established
within the department of health.]
(5) Notwithstanding any inconsistent provision of law, rule or regu-
lation and effective April 1, 2008 through March 31, [2020] 2023, the
S. 7506--B 103 A. 9506--B
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, [2020] 2023, 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, [2020] 2023, 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, [2020] 2023, 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, [2020] 2023, the
commissioner of health is authorized to transfer and the comptroller is
authorized to deposit, within amounts appropriated each year, those
funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the
public health law and section 367-i of the social services law and for
distribution in accordance with the provisions of subdivision 9 of
section 2807-j of the public health law for the purpose of payment for
administration of statutory duties for the collections and distributions
S. 7506--B 104 A. 9506--B
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.
§ 2. 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
H of chapter 57 of the laws of 2017, 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 [nineteen] TWENTY-TWO, and
(v) one hundred ninety-one million two hundred fifty thousand dollars
of the funds accumulated for the period January first, two thousand
[twenty] TWENTY-THREE through March thirty-first, two thousand [twenty]
TWENTY-THREE.
§ 3. 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 H of chapter 57 of the laws of 2017, 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,
[2020] 2023, 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,
[2020] 2023, and continued expenditure of funds authorized for programs
and grants until the exhaustion of funds therefor;
§ 4. 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 H of chapter 57 of the laws of 2017, 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, [2020] 2023,
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, [2020] 2023, and continued expenditure of
funds authorized for programs and grants until the exhaustion of funds
therefor;
§ 5. Section 2807-l of the public health law, as amended by section
21 of part H of chapter 57 of the laws of 2017, 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
S. 7506--B 105 A. 9506--B
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following periods in
the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
(v) from the pool for the period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period January first, two thousand two
through December thirty-first, two thousand two, three hundred twenty-
four million dollars;
(vii) from the pool for the period January first, two thousand three
through December thirty-first, two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(viii) from the pool for the period January first, two thousand four
through December thirty-first, two thousand four, up to four hundred
sixty million nine hundred thousand dollars;
(ix) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand five, up to one
hundred fifty-three million eight hundred thousand dollars;
(x) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(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
S. 7506--B 106 A. 9506--B
thousand twelve, up to three hundred twenty-four million seven hundred
forty-four thousand dollars;
(xv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six million four hundred
forty-four thousand dollars;
(xvi) from the health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through March thirty-first,
two thousand fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
(xvii) from the health care reform act (HCRA) resources fund for each
state fiscal year for periods on and after April first, two thousand
fourteen, within amounts appropriated.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover-
age act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
(i) (A) an amount not to exceed six million dollars on an annualized
basis for the periods January first, nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up to six
million dollars for the period January first, two thousand through
December thirty-first, two thousand; up to five million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one; up to four million dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
up to two million six hundred thousand dollars for the period January
first, two thousand three through December thirty-first, two thousand
three; up to one million three hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four; up to six hundred seventy thousand dollars for the period
January first, two thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars for the period
April first, two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through March thirty-first,
two thousand nine, shall be allocated to individual subsidy programs;
and
(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,
S. 7506--B 107 A. 9506--B
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and accumu-
lated from year to year from the pool for the period January first,
nineteen hundred ninety-seven through December thirty-first, nineteen
hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year
to year from the pools for the periods January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight and January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up to eighty-four million
dollars shall be reserved and accumulated from year to year from the
pools for the period January first, two thousand through December thir-
ty-first, two thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to eighty-six million dollars shall be reserved and accumu-
lated from year to year from the pools for the period January first, two
thousand two through December thirty-first, two thousand two, up to
eighty-six million one hundred fifty thousand dollars shall be reserved
and accumulated from year to year from the pools for the period January
first, two thousand three through December thirty-first, two thousand
three, up to fifty-eight million seven hundred eighty thousand dollars
shall be reserved and accumulated from year to year from the pools for
the period January first, two thousand four through December thirty-
first, two thousand four, up to sixty-eight million seven hundred thirty
thousand dollars shall be reserved and accumulated from year to year
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
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
S. 7506--B 108 A. 9506--B
eleven, up to funding amounts specified below and shall be available,
including income from invested funds, for:
(i) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for purposes
of services and expenses related to general hospital based grant
programs, up to twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to ten million dollars for the
period January first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the period January
first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million five hundred twenty-four thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to thirteen million four hundred
forty-five thousand dollars for the period April first, two thousand
eleven through March thirty-first, two thousand twelve, and up to thir-
teen million three hundred seventy-five thousand dollars each state
fiscal year for the period April first, two thousand twelve through
March thirty-first, two thousand fourteen;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the emergency medical services training
account established in section ninety-seven-q of the state finance law
or the health care reform act (HCRA) resources fund, whichever is appli-
cable, up to sixteen million dollars on an annualized basis for the
periods January first, nineteen hundred ninety-seven through December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
for the period January first, two thousand through December thirty-
first, two thousand, up to twenty-one million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to twenty-two million dollars for the period January first,
two thousand two through December thirty-first, two thousand two, up to
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
S. 7506--B 109 A. 9506--B
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 [twenty] TWENTY-THREE;
(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
[twenty] TWENTY-THREE to be allocated (A) for the purposes established
pursuant to subparagraph (ii) of paragraph (f) of subdivision nineteen
of section twenty-eight hundred seven-c of this article as in effect on
December thirty-first, nineteen hundred ninety-six and as may thereafter
be amended, up to fifteen million dollars annually for the periods Janu-
ary first, two thousand through December thirty-first, two thousand
four, up to twenty-one million dollars annually for the period January
first, two thousand five through December thirty-first, two thousand
six, and up to seven million five hundred thousand dollars for the peri-
od January first, two thousand seven through March thirty-first, two
thousand seven;
(B) pursuant to a memorandum of understanding entered into by the
commissioner, the majority leader of the senate and the speaker of the
assembly, for the purposes outlined in such memorandum upon the recom-
mendation of the majority leader of the senate, up to eight million
five hundred thousand dollars annually for the period January first, two
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
S. 7506--B 110 A. 9506--B
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, 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, AND UP TO TWO MILLION
NINE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-THREE. 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 assembly committee on health;
(iv) distributions by the commissioner related to poison control
centers pursuant to subdivision seven of section twenty-five hundred-d
of this chapter, up to five million dollars for the period January
first, nineteen hundred ninety-seven through December thirty-first,
nineteen hundred ninety-seven, up to three million dollars on an annual-
ized basis for the periods during the period January first, nineteen
hundred ninety-eight through December thirty-first, nineteen hundred
ninety-nine, up to five million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand two, up
to four million six hundred thousand dollars annually for the periods
January first, two thousand three through December thirty-first, two
thousand four, up to five million one hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand six annually, up to five million one hundred thousand
dollars annually for the period January first, two thousand seven
through December thirty-first, two thousand nine, up to three million
six hundred thousand dollars for the period January first, two thousand
ten through December thirty-first, two thousand ten, up to seven hundred
seventy-five thousand dollars for the period January first, two thousand
eleven through March thirty-first, two thousand eleven, up to two
million five hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, 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 three million dollars each
state fiscal year for the period April first, two thousand seventeen
through March thirty-first, two thousand twenty, AND UP TO THREE MILLION
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE; 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
S. 7506--B 111 A. 9506--B
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, up to nineteen million six hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen, [and] up to nineteen million
six hundred thousand dollars each state fiscal year for the period of
April first, two thousand seventeen through March thirty-first, two
thousand twenty, AND UP TO NINETEEN MILLION SIX HUNDRED THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD OF APRIL FIRST, TWO THOUSAND TWEN-
TY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, shall be
transferred to the health facility restructuring pool established pursu-
ant to section twenty-eight hundred fifteen of this article;
(ii) provided, however, amounts transferred pursuant to subparagraph
(i) of this paragraph may be reduced in an amount to be approved by the
director of the budget to reflect the amount received from the federal
government under the state's 1115 waiver which is directed under its
terms and conditions to the health facility restructuring program.
(e) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to organizations to support the health workforce
retraining program established pursuant to section twenty-eight hundred
seven-g of this article from the respective health care initiatives
pools established for the following periods in the following amounts
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-
S. 7506--B 112 A. 9506--B
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, up to twenty-six million eight hundred seventeen
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen,
[and] up to twenty-six million eight hundred seventeen thousand dollars
each state fiscal year for the period April first, two thousand seven-
teen through March thirty-first, two thousand twenty, AND UP TO TWENTY-
SIX MILLION EIGHT HUNDRED SEVENTEEN THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-THREE, less the amount of funds available
for allocations for rate adjustments for workforce training programs for
payments by state governmental agencies for inpatient hospital services.
(f) Funds shall be accumulated and transferred from as follows:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
(A) thirty-four million six hundred thousand dollars shall be trans-
ferred to funds reserved and accumulated pursuant to paragraph (b) of
subdivision nineteen of section twenty-eight hundred seven-c of this
article, and (B) eighty-two million dollars shall be transferred and
deposited and credited to the credit of the state general fund medical
assistance local assistance account;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, eighty-two million dollars shall be transferred and deposited and
credited to the credit of the state general fund medical assistance
local assistance account;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
eighty-two million dollars shall be transferred and deposited and cred-
ited to the credit of the state general fund medical assistance local
assistance account;
(iv) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand through December thirty-first, two thousand four, eighty-two
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
S. 7506--B 113 A. 9506--B
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other, HCRA transfer fund,
medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January first, two thousand ten
through December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, one hundred forty-six million four hundred
thousand dollars, shall be deposited by the commissioner, and the state
comptroller is hereby authorized and directed to receive for deposit, to
the credit of the state special revenue fund - other, HCRA transfer
fund, medical assistance account.
(g) Funds shall be transferred to primary health care services pools
created by the commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools for the following periods in the following
percentage amounts of funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
pools established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with para-
graphs (a) through (f) of this subdivision and shall be available for
distributions as follows:
(i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(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:
S. 7506--B 114 A. 9506--B
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any funds
remaining or unallocated for distributions for the primary care practi-
tioner scholarship program in accordance with section nine hundred four
of this chapter.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for distrib-
utions in accordance with section twenty-nine hundred fifty-two and
section twenty-nine hundred fifty-eight of this chapter for rural health
care delivery development and rural health care access development,
respectively, from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable,
for the following periods in the following percentage amounts of funds
remaining after allocations in accordance with paragraphs (a) through
(f) of this subdivision, and for periods on and after January first, two
thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirteen and forty-nine-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars annu-
ally, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five, up to
nineteen million two hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six,
up to nineteen million two hundred thousand dollars, for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to eighteen million one hundred fifty thousand dollars
annually, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to four million five hundred
thirty-eight thousand dollars, for each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, up to sixteen million two hundred thousand dollars, up to
sixteen million two hundred thousand dollars each state fiscal year for
the period April first, two thousand fourteen through March thirty-
first, two thousand seventeen, [and] up to sixteen million two hundred
S. 7506--B 115 A. 9506--B
thousand dollars each state fiscal year for the period April first, two
thousand seventeen through March thirty-first, two thousand twenty, AND
UP TO SIXTEEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-THREE.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions related to health information and health care quality
improvement pursuant to former section twenty-eight hundred seven-n of
this article from the respective health care initiatives pools estab-
lished for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, six and thirty-five-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
six and forty-five-hundredths percent.
(k) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for allo-
cations and distributions in accordance with section twenty-eight
hundred seven-p of this article for diagnostic and treatment center
uncompensated care from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, for the following periods in the following percentage amounts of
funds remaining after allocations in accordance with paragraphs (a)
through (f) of this subdivision, and for periods on and after January
first, two thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirty-eight and one-tenth percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirty-eight and one-tenth percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirty-eight and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, forty-eight million dollars
annually, and for the period January first, two thousand three through
June thirtieth, two thousand three, twenty-four million dollars;
(v) (A) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period July first, two thousand
three through December thirty-first, two thousand three, up to six
million dollars, for the period January first, two thousand four through
December thirty-first, two thousand six, up to twelve million dollars
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 for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen, up to forty-eight million dollars
S. 7506--B 116 A. 9506--B
annually, [and] for the period April first, two thousand seventeen
through March thirty-first, two thousand twenty, up to forty-eight
million dollars annually, AND FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, 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,
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 thou-
sand seventeen through March thirty-first, two thousand twenty, an addi-
tional seven million five hundred thousand dollars annually, AND FOR THE
PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-THREE, AN ADDITIONAL SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS ANNUALLY for voluntary non-profit diagnostic and treatment
center uncompensated care in accordance with subdivision four-c of
section twenty-eight hundred seven-p of this article; and
(vi) funds reserved and accumulated pursuant to this paragraph for
periods on and after July first, two thousand three, shall be deposited
by the commissioner, within amounts appropriated, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made pursuant to section twenty-eight hundred seven-p
of this article, provided, however, that in the event federal financial
participation is not available for rate adjustments made pursuant to
paragraph (b) of subdivision one of section twenty-eight hundred seven-p
of this article, funds shall be distributed pursuant to paragraph (a) of
subdivision one of section twenty-eight hundred seven-p of this article
from the respective health care initiatives pools or the health care
reform act (HCRA) resources fund, whichever is applicable.
(l) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for transfer to and allocation for services and expenses for the
payment of benefits to recipients of drugs under the AIDS drug assist-
ance program (ADAP) - HIV uninsured care program as administered by
Health Research Incorporated from the respective health care initi-
atives pools or the health care reform act (HCRA) resources fund, which-
ever is applicable, established for the following periods in the follow-
ing percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
nine and fifty-two-hundredths percent;
(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;
S. 7506--B 117 A. 9506--B
(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 [twenty]
TWENTY-THREE.
(m) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions pursuant to section twenty-eight hundred seven-r of
this article for cancer related services from the respective health care
initiatives pools or the health care reform act (HCRA) resources fund,
whichever is applicable, established for the following periods in the
following percentage amounts of funds remaining after allocations in
accordance with paragraphs (a) through (f) of this subdivision, and for
periods on and after January first, two thousand, in the following
amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
seven and ninety-four-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, seven and ninety-four-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand two, up to ten million dollars on an
annual basis;
(v) from the pool for the period January first, two thousand three
through December thirty-first, two thousand four, up to eight million
nine hundred fifty thousand dollars on an annual basis;
(vi) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
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.
S. 7506--B 118 A. 9506--B
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section shall be reserved and accumulated from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other, miscellaneous special revenue
fund - 339, child health insurance account or any successor fund or
account, for purposes of distributions to implement the child health
insurance program established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for periods on and
after January first, two thousand one; provided, however, funds reserved
and accumulated for priority distributions pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall not be
transferred and deposited into such account pursuant to this subdivi-
sion; and provided further, however, that any unused or uncommitted pool
funds accumulated and allocated pursuant to paragraph (j) of subdivision
one of this section shall be distributed for purposes of the health
information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section shall not be
included in gross revenue received for purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of this article, subject to the provisions of paragraph (e) of subdivi-
sion eighteen of section twenty-eight hundred seven-c of this article,
and shall not be included in gross revenue received for purposes of the
assessments pursuant to section twenty-eight hundred seven-d of this
article, subject to the provisions of subdivision twelve of section
twenty-eight hundred seven-d of this article.
§ 6. Subdivision 1, paragraph (f) of subdivision 3, paragraphs (a) and
(d) of subdivision 5 and subdivisions 5-a and 12 of section 2807-m of
the public health law, subdivision 1 as amended by section 16 of part B
of chapter 58 of the laws of 2008, the opening paragraph of paragraph
(s) of subdivision 1 as amended by section 95 and paragraph (f) of
subdivision 3 as amended by section 97 of part C of chapter 58 of the
laws of 2009, paragraph (a) of subdivision 5 as amended by section 75-b
of part C of chapter 58 of the laws of 2008, paragraph (d) of subdivi-
sion 5 as added by section 10-a of part E of chapter 63 of the laws of
2005, subdivision 5-a as amended by section 6 of part H of chapter 57 of
the laws of 2017 and subdivision 12 as added by section 3 of part R of
chapter 59 of the laws of 2016, are amended to read as follows:
1. Definitions. For purposes of this section, the following defi-
nitions shall apply, unless the context clearly requires otherwise:
S. 7506--B 119 A. 9506--B
(a) "Clinical research" means patient-oriented research, epidemiologic
and behavioral studies, or outcomes research and health services
research that is approved by an institutional review board by the time
the clinical research position is filled.
(b) "Clinical research plan" means a plan submitted by a consortium or
teaching general hospital for a clinical research position which demon-
strates, in a form to be provided by the commissioner, the following:
(i) financial support for overhead, supervision, equipment and other
resources equal to the amount of funding provided pursuant to subpara-
graph (i) of paragraph (b) of subdivision five-a of this section by the
teaching general hospital or consortium for the clinical research posi-
tion;
(ii) experience the sponsor-mentor and teaching general hospital has
in clinical research and the medical field of the study;
(iii) methods, data collection and anticipated measurable outcomes of
the clinical research to be performed;
(iv) training goals, objectives and experience the researcher will be
provided to assess a future career in clinical research;
(v) scientific relevance, merit and health implications of the
research to be performed;
(vi) information on potential scientific meetings and peer review
journals where research results can be disseminated;
(vii) clear and comprehensive details on the clinical research posi-
tion;
(viii) qualifications necessary for the clinical research position and
strategy for recruitment;
(ix) non-duplication with other clinical research positions from the
same teaching general hospital or consortium;
(x) methods to track the career of the clinical researcher once the
term of the position is complete; and
(xi) any other information required by the commissioner to implement
subparagraph (i) of paragraph (b) of subdivision five-a of this section.
(xii) The clinical review plan submitted in accordance with this para-
graph may be reviewed by the commissioner in consultation with experts
outside the department of health.
(c) "Clinical research position" means a post-graduate residency posi-
tion which:
(i) shall not be required in order for the researcher to complete a
graduate medical education program;
(ii) may be reimbursed by other sources but only for costs in excess
of the funding distributed in accordance with subparagraph (i) of para-
graph (b) of subdivision five-a of this section;
(iii) shall exceed the minimum standards that are required by the
residency review committee in the specialty the researcher has trained
or is currently training;
(iv) shall not be previously funded by the teaching general hospital
or supported by another funding source at the teaching general hospital
in the past three years from the date the clinical research plan is
submitted to the commissioner;
(v) may supplement an existing research project;
(vi) shall be equivalent to a full-time position comprising of no less
than thirty-five hours per week for one or two years;
(vii) shall provide, or be filled by a researcher who has formalized
instruction in clinical research, including biostatistics, clinical
trial design, grant writing and research ethics;
S. 7506--B 120 A. 9506--B
(viii) shall be supervised by a sponsor-mentor who shall either (A) be
employed, contracted for employment or paid through an affiliated facul-
ty practice plan by a teaching general hospital which has received at
least one research grant from the National Institutes of Health in the
past five years from the date the clinical research plan is submitted to
the commissioner; (B) maintain a faculty appointment at a medical,
dental or podiatric school located in New York state that has received
at least one research grant from the National Institutes of Health in
the past five years from the date the clinical research plan is submit-
ted to the commissioner; or (C) be collaborating in the clinical
research plan with a researcher from another institution that has
received at least one research grant from the National Institutes of
Health in the past five years from the date the clinical research plan
is submitted to the commissioner; and
(ix) shall be filled by a researcher who is (A) enrolled or has
completed a graduate medical education program, as defined in paragraph
(i) of this subdivision; (B) a United States citizen, national, or
permanent resident of the United States; and (C) a graduate of a
medical, dental or podiatric school located in New York state, a gradu-
ate or resident in a graduate medical education program, as defined in
paragraph (i) of this subdivision, where the sponsoring institution, as
defined in paragraph (q) of this subdivision, is located in New York
state, or resides in New York state at the time the clinical research
plan is submitted to the commissioner.
(d) "Consortium" means an organization or association, approved by the
commissioner in consultation with the council, of general hospitals
which provide graduate medical education, together with any affiliated
site; provided that such organization or association may also include
other providers of health care services, medical schools, payors or
consumers, and which meet other criteria pursuant to subdivision six of
this section.
(e) "Council" means the New York state council on graduate medical
education.
(f) "Direct medical education" means the direct costs of residents,
interns and supervising physicians.
(g) "Distribution period" means each calendar year set forth in subdi-
vision two of this section.
(h) "Faculty" means persons who are employed by or under contract for
employment with a teaching general hospital or are paid through a teach-
ing general hospital's affiliated faculty practice plan and maintain a
faculty appointment at a medical school. Such persons shall not be
limited to persons with a degree in medicine.
(i) "Graduate medical education program" means[, for purposes of
subparagraph (i) of paragraph (b) of subdivision five-a of this
section,] a post-graduate medical education residency in the United
States which has received accreditation from a nationally recognized
accreditation body or has been approved by a nationally recognized
organization for medical, osteopathic, podiatric or dental residency
programs including, but not limited to, specialty boards.
(j) "Indirect medical education" means the estimate of costs, other
than direct costs, of educational activities in teaching hospitals as
determined in accordance with the methodology applicable for purposes of
determining an estimate of indirect medical education costs for
reimbursement for inpatient hospital service pursuant to title XVIII of
the federal social security act (medicare).
S. 7506--B 121 A. 9506--B
(k) "Medicare" means the methodology used for purposes of reimbursing
inpatient hospital services provided to beneficiaries of title XVIII of
the federal social security act.
(l) "Primary care" residents specialties shall include family medi-
cine, general pediatrics, primary care internal medicine, and primary
care obstetrics and gynecology. In determining whether a residency is in
primary care, the commissioner shall consult with the council.
(m) "Regions", for purposes of this section, shall mean the regions as
defined in paragraph (b) of subdivision sixteen of section twenty-eight
hundred seven-c of this article as in effect on June thirtieth, nineteen
hundred ninety-six. For purposes of distributions pursuant to subdivi-
sion five-a of this section, except distributions made in accordance
with paragraph (a) of subdivision five-a of this section, "regions"
shall be defined as New York city and the rest of the state.
(n) "Regional pool" means a professional education pool established on
a regional basis by the commissioner from funds available pursuant to
sections twenty-eight hundred seven-s and twenty-eight hundred seven-t
of this article.
(o) "Resident" means a person in a graduate medical education program
which has received accreditation from a nationally recognized accredi-
tation body or in a program approved by any other nationally recognized
organization for medical, osteopathic or dental residency programs
including, but not limited to, specialty boards.
(p) "Shortage specialty" means a specialty determined by the commis-
sioner, in consultation with the council, to be in short supply in the
state of New York.
(q) "Sponsoring institution" means the entity that has the overall
responsibility for a program of graduate medical education. Such insti-
tutions shall include teaching general hospitals, medical schools,
consortia and diagnostic and treatment centers.
(r) "Weighted resident count" means a teaching general hospital's
total number of residents as of July first, nineteen hundred ninety-
five, including residents in affiliated non-hospital ambulatory
settings, reported to the commissioner. Such resident counts shall
reflect the weights established in accordance with rules and regulations
adopted by the state hospital review and planning council and approved
by the commissioner for purposes of implementing subdivision twenty-five
of section twenty-eight hundred seven-c of this article and in effect on
July first, nineteen hundred ninety-five. Such weights shall not be
applied to specialty hospitals, specified by the commissioner, whose
primary care mission is to engage in research, training and clinical
care in specialty eye and ear, special surgery, orthopedic, joint
disease, cancer, chronic care or rehabilitative services.
(s) "Adjustment amount" means an amount determined for each teaching
hospital for periods prior to January first, two thousand nine by:
(i) determining the difference between (A) a calculation of what each
teaching general hospital would have been paid if payments made pursuant
to paragraph (a-3) of subdivision one of section twenty-eight hundred
seven-c of this article between January first, nineteen hundred ninety-
six and December thirty-first, two thousand three were based solely on
the case mix of persons eligible for medical assistance under the
medical assistance program pursuant to title eleven of article five of
the social services law who are enrolled in health maintenance organiza-
tions and persons paid for under the family health plus program enrolled
in approved organizations pursuant to title eleven-D of article five of
the social services law during those years, and (B) the actual payments
S. 7506--B 122 A. 9506--B
to each such hospital pursuant to paragraph (a-3) of subdivision one of
section twenty-eight hundred seven-c of this article between January
first, nineteen hundred ninety-six and December thirty-first, two thou-
sand three.
(ii) reducing proportionally each of the amounts determined in subpar-
agraph (i) of this paragraph so that the sum of all such amounts totals
no more than one hundred million dollars;
(iii) further reducing each of the amounts determined in subparagraph
(ii) of this paragraph by the amount received by each hospital as a
distribution from funds designated in paragraph (a) of subdivision five
of this section attributable to the period January first, two thousand
three through December thirty-first, two thousand three, except that if
such amount was provided to a consortium then the amount of the
reduction for each hospital in the consortium shall be determined by
applying the proportion of each hospital's amount determined under
subparagraph (i) of this paragraph to the total of such amounts of all
hospitals in such consortium to the consortium award;
(iv) further reducing each of the amounts determined in subparagraph
(iii) of this paragraph by the amounts specified in paragraph (t) of
this subdivision; and
(v) dividing each of the amounts determined in subparagraph (iii) of
this paragraph by seven.
(t) "Extra reduction amount" shall mean an amount determined for a
teaching hospital for which an adjustment amount is calculated pursuant
to paragraph (s) of this subdivision that is the hospital's propor-
tionate share of the sum of the amounts specified in paragraph (u) of
this subdivision determined based upon a comparison of the hospital's
remaining liability calculated pursuant to paragraph (s) of this subdi-
vision to the sum of all such hospital's remaining liabilities.
(u) "Allotment amount" shall mean an amount determined for teaching
hospitals as follows:
(i) for a hospital for which an adjustment amount pursuant to para-
graph (s) of this subdivision does not apply, the amount received by the
hospital pursuant to paragraph (a) of subdivision five of this section
attributable to the period January first, two thousand three through
December thirty-first, two thousand three, or
(ii) for a hospital for which an adjustment amount pursuant to para-
graph (s) of this subdivision applies and which received a distribution
pursuant to paragraph (a) of subdivision five of this section attribut-
able to the period January first, two thousand three through December
thirty-first, two thousand three that is greater than the hospital's
adjustment amount, the difference between the distribution amount and
the adjustment amount.
(f) Effective January first, two thousand five through December thir-
ty-first, two thousand eight, each teaching general hospital shall
receive a distribution from the applicable regional pool based on its
distribution amount determined under paragraphs (c), (d) and (e) of this
subdivision and reduced by its adjustment amount calculated pursuant to
paragraph (s) of subdivision one of this section and, for distributions
for the period January first, two thousand five through December thir-
ty-first, two thousand five, further reduced by its extra reduction
amount calculated pursuant to paragraph (t) of subdivision one of this
section.
(a) Up to thirty-one million dollars annually for the periods January
first, two thousand through December thirty-first, two thousand three,
and up to twenty-five million dollars plus the sum of the amounts speci-
S. 7506--B 123 A. 9506--B
fied in paragraph (n) of subdivision one of this section for the period
January first, two thousand five through December thirty-first, two
thousand five, and up to thirty-one million dollars annually for the
period January first, two thousand six through December thirty-first,
two thousand seven, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section for supplemental distributions in each such region to be made by
the commissioner to consortia and teaching general hospitals in accord-
ance with a distribution methodology developed in consultation with the
council and specified in rules and regulations adopted by the commis-
sioner.
(d) Notwithstanding any other provision of law or regulation, for the
period January first, two thousand five through December thirty-first,
two thousand five, the commissioner shall distribute as supplemental
payments the allotment specified in paragraph (n) of subdivision one of
this section.
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, 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, AND UP TO EIGHT MILLION SIX HUNDRED TWELVE THOUSAND DOLLARS EACH
STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, shall be set
S. 7506--B 124 A. 9506--B
aside and reserved by the commissioner from the regional pools estab-
lished pursuant to subdivision two of this section to be allocated
regionally with two-thirds of the available funding going to New York
city and one-third of the available funding going to the rest of the
state and shall be available for distribution as follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
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-
S. 7506--B 125 A. 9506--B
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
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
S. 7506--B 126 A. 9506--B
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(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, 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 thou-
sand dollars each 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 estab-
lished pursuant to subdivision two of this section and shall be avail-
able 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.]
S. 7506--B 127 A. 9506--B
[(d)] (C) 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, up to one million seven hundred five thousand dollars
each state fiscal year for the period April first, two thousand fourteen
through March thirty-first, two thousand seventeen, [and] up to one
million seven hundred five thousand dollars each state fiscal year for
the period April first, two thousand seventeen through March thirty-
first, two thousand twenty, AND UP TO ONE MILLION SEVEN HUNDRED FIVE
THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO
THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
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
S. 7506--B 128 A. 9506--B
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
[(e)] (D) Physician practice support. Four million nine hundred thou-
sand dollars for the period January first, two thousand eight through
December 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 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, up to four million three hundred sixty thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen, [and] up to
four million three hundred sixty thousand dollars for each state fiscal
year for the period April first, two thousand seventeen through March
thirty-first, two thousand twenty, AND UP TO FOUR MILLION THREE HUNDRED
SIXTY THOUSAND DOLLARS FOR EACH FISCAL YEAR FOR THE PERIOD APRIL FIRST,
TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
THREE, 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 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)] (E) Work group. For funding available pursuant to paragraphs
(C) AND (d) (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
S. 7506--B 129 A. 9506--B
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, 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 thou-
sand seventeen, [and] up to four hundred eighty-seven thousand dollars
for each state fiscal year for the period April first, two thousand
seventeen through March thirty-first, two thousand twenty, AND UP TO
FOUR HUNDRED EIGHTY-SEVEN THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR
THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-THREE, shall be set aside and reserved by the
commissioner from the regional pools established pursuant to subdivision
two of this section and shall be available to fund a study of physician
workforce needs and solutions including, but not limited to, an analysis
of residency programs and projected physician workforce and community
needs. The commissioner shall enter into agreements with one or more
organizations to conduct such study based on a request for proposal
process.
(g) Diversity in medicine/post-baccalaureate program. Notwithstanding
any inconsistent provision of section one hundred twelve or one hundred
sixty-three of the state finance law or any other law, one million nine
hundred sixty thousand dollars annually for the period January first,
two thousand eight through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, 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, 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, AND UP TO ONE MILLION SIX HUNDRED FIVE THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, shall be set
aside and reserved by the commissioner from the regional pools estab-
lished pursuant to subdivision two of this section and shall be avail-
able for distributions to the Associated Medical Schools of New York to
fund its diversity program including existing and new post-baccalaureate
programs for minority and economically disadvantaged students and
encourage participation from all medical schools in New York. The asso-
ciated 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.
S. 7506--B 130 A. 9506--B
12. Notwithstanding any provision of law to the contrary, applications
submitted on or after April first, two thousand sixteen, for the physi-
cian loan repayment program pursuant to paragraph [(d)] (C) of subdivi-
sion five-a of this section and subdivision ten of this section or the
physician practice support program pursuant to paragraph [(e)] (d) of
subdivision five-a of this section, shall be subject to the following
changes:
(a) Awards shall be made from the total funding available for new
awards under the physician loan repayment program and the physician
practice support program, with neither program limited to a specific
funding amount within such total funding available;
(b) An applicant may apply for an award for either physician loan
repayment or physician practice support, but not both;
(c) An applicant shall agree to practice for three years in an under-
served area and each award shall provide up to forty thousand dollars
for each of the three years; and
(d) To the extent practicable, awards shall be timed to be of use for
job offers made to applicants.
§ 7. Subdivision 7 of section 2807-m of the public health law is
REPEALED.
§ 8. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 30 of part H of
chapter 59 of the laws of 2011, is amended to read as follows:
(xvi) provided further, however, for periods prior to July first, two
thousand nine, amounts set forth in this paragraph shall be reduced by
an amount equal to the actual distribution reductions for all facilities
pursuant to paragraph (s) of subdivision one of section twenty-eight
hundred seven-m of this article.
§ 9. Subdivision (c) of section 92-dd of the state finance law, as
amended by section 75-f of part C of chapter 58 of the laws of 2008, is
amended to read as follows:
(c) The pool administrator shall, from appropriated funds transferred
to the pool administrator from the comptroller, continue to make
payments as required pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-m (not including payments made pursuant to
[subparagraph (ii) of paragraph (b) and] paragraphs (c), (d), [(e)], (f)
and (g) of subdivision five-a [and subdivision seven] of section twen-
ty-eight hundred seven-m), and twenty-eight hundred seven-w of the
public health law, paragraph (e) of subdivision twenty-five of section
twenty-eight hundred seven-c of the public health law, paragraphs (b)
and (c) of subdivision thirty of section twenty-eight hundred seven-c of
the public health law, paragraph (b) of subdivision eighteen of section
twenty-eight hundred eight of the public health law, subdivision seven
of section twenty-five hundred-d of the public health law and section
eighty-eight of chapter one of the laws of nineteen hundred ninety-nine.
§ 10. Subdivision 4-c of section 2807-p of the public health law, as
amended by section 13 of part H of chapter 57 of the laws of 2017, is
amended to read as follows:
4-c. Notwithstanding any provision of law to the contrary, the commis-
sioner shall make additional payments for uncompensated care to volun-
tary non-profit diagnostic and treatment centers that are eligible for
distributions under subdivision four of this section in the following
amounts: for the period June first, two thousand six through December
thirty-first, two thousand six, in the amount of seven million five
hundred thousand dollars, for the period January first, two thousand
seven through December thirty-first, two thousand seven, seven million
S. 7506--B 131 A. 9506--B
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, FOR THE PERIOD
JANUARY FIRST, TWO THOUSAND TWENTY THROUGH DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY, SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS, FOR THE
PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-ONE THROUGH DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-ONE, SEVEN MILLION FIVE HUNDRED THOUSAND
DOLLARS, FOR THE PERIOD JANUARY FIRST, TWO THOUSAND TWENTY-TWO THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, SEVEN MILLION FIVE
HUNDRED THOUSAND DOLLARS, and for the period January first, two thousand
[twenty] TWENTY-THREE through March thirty-first, two thousand [twenty]
TWENTY-THREE, 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 volun-
tary, non-profit diagnostic and treatment centers and to public diagnos-
tic and treatment centers in accordance with paragraph (g) of subdivi-
sion 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 adjust-
ments to rates of payment for voluntary non-profit diagnostic and treat-
ment centers that are eligible for distributions under subdivision
four-a of this section in the following amounts: for the period June
first, two thousand six through December thirty-first, two thousand six,
fifteen million dollars in the aggregate, and for the period January
first, two thousand seven through June thirtieth, two thousand seven,
seven million five hundred thousand dollars in the aggregate. The
amounts allocated pursuant to this paragraph shall be aggregated with
and distributed pursuant to the same methodology applicable to the
amounts allocated to such diagnostic and treatment centers for such
periods pursuant to subdivision four of this section if federal finan-
cial participation is not available, or pursuant to subdivision four-a
of this section if federal financial participation is available.
Notwithstanding section three hundred sixty-eight-a of the social
S. 7506--B 132 A. 9506--B
services law, there shall be no local share in a medical assistance
payment adjustment under this subdivision.
§ 11. Subparagraph (xv) of paragraph (a) of subdivision 6 of section
2807-s of the public health law, as amended by section 3 of part H of
chapter 57 of the laws of 2017, 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 [twenty]
TWENTY-THREE, shall be one billion forty-five million dollars.
§ 12. Subparagraph (xiii) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 4 of part H of
chapter 57 of the laws of 2017, 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 [twenty] TWENTY-THREE;
§ 13. Subdivision 6 of section 2807-t of the public health law, as
amended by section 8 of part H of chapter 57 of the laws of 2017, 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
[twenty] TWENTY-THREE, for amounts collected in the aggregate in excess
of one billion forty-five million dollars on an annual basis, prospec-
tive adjustments shall be suspended if the annual reconciliation calcu-
lation 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 determination 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 aggre-
gate 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 subdivision.
§ 14. Section 2807-v of the public health law, as amended by section
22 of part H of chapter 57 of the laws of 2017, 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
S. 7506--B 133 A. 9506--B
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
dollars for the period January first, two thousand five through December
[thirty first] 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 thou-
sand dollars for the period January first, two thousand seven through
December thirty-first, two thousand seven, and up to eight million three
hundred twenty-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
S. 7506--B 134 A. 9506--B
January first, two thousand ten through December thirty-first, two thou-
sand ten, up to two million one hundred twenty-five thousand dollars for
the period January first, two thousand eleven through March thirty-
first, two thousand eleven, up to fourteen million seven hundred thou-
sand dollars each state fiscal year for the period April first, two
thousand eleven through March thirty-first, two thousand fourteen, 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, AND
UP TO ELEVEN MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL YEAR
FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-THREE.
(c) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, enhanced community services
account, or any successor fund or account, for mental health services
programs for case management services for adults and children; supported
housing; home and community based waiver services; family based treat-
ment; family support services; mobile mental health teams; transitional
housing; and community oversight, established pursuant to articles seven
and forty-one of the mental hygiene law and subdivision nine of section
three hundred sixty-six of the social services law; and for comprehen-
sive care centers for eating disorders pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, provided however
that, for such centers, funds in the amount of five hundred thousand
dollars on an annualized basis shall be transferred from the enhanced
community services account, or any successor fund or account, and depos-
ited into the fund established by section ninety-five-e of the state
finance law; from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) forty-eight million dollars to be reserved, to be retained or for
distribution pursuant to a chapter of the laws of two thousand, for the
period January first, two thousand through December thirty-first, two
thousand;
(ii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand one,
for the period January first, two thousand one through December thirty-
first, two thousand one;
(iii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand two,
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) eighty-eight million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand
three, for the period January first, two thousand three through December
thirty-first, two thousand three;
(v) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
S. 7506--B 135 A. 9506--B
(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
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:
S. 7506--B 136 A. 9506--B
(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
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;
S. 7506--B 137 A. 9506--B
(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;
(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;
S. 7506--B 138 A. 9506--B
(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
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
S. 7506--B 139 A. 9506--B
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;
(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;
(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]
S. 7506--B 140 A. 9506--B
(xv) up to six million dollars each state fiscal year for the period
April first, two thousand seventeen through March thirty-first, two
thousand twenty; AND
(XVI) UP TO SIX MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-THREE.
(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;
(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;
S. 7506--B 141 A. 9506--B
(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
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:
S. 7506--B 142 A. 9506--B
(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;
(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;
S. 7506--B 143 A. 9506--B
(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;
(xvi) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
fourteen through March thirty-first, two thousand seventeen; [and]
(xvii) one hundred twenty-seven million four hundred sixteen thousand
dollars each state fiscal year for the period April first, two thousand
seventeen through March thirty-first, two thousand twenty; AND
(XVIII) ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED SIXTEEN THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
(o) Funds shall be reserved and accumulated and shall be transferred
to the Roswell Park Cancer Institute Corporation, from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) up to ninety million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to sixty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-five million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) eighty-five million two hundred fifty thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) seventy-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) seventy-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) ninety-one million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventy-eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(ix) seventy-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) seventy-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
S. 7506--B 144 A. 9506--B
(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;
(xiv) up to ninety-six million six hundred thousand dollars each state
fiscal year for the period April first, two thousand fourteen through
March thirty-first, two thousand seventeen; [and]
(xv) up to ninety-six million six hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty; AND
(XVI) UP TO NINETY-SIX MILLION SIX HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
(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
S. 7506--B 145 A. 9506--B
initiatives pool established for the following periods in the following
amounts:
(i) seven million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
(ii) up to seven million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
(iii) up to seven million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(iv) up to seven million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to seven million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(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;
(xii) up to five million two hundred [eighty-eighty] EIGHTY-EIGHT
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand seventeen;
[and]
(xiii) up to five million two hundred eighty-eight thousand dollars
each state fiscal year for the period April first, two thousand seven-
teen through March thirty-first, two thousand twenty; AND
(XIV) UP TO FIVE MILLION TWO HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS
EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY
THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
(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;
S. 7506--B 146 A. 9506--B
(vi) sixty-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) sixty-eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventeen million five hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(ix) sixty-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) sixty-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) sixty-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) seventeen million dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven; and
(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;
S. 7506--B 147 A. 9506--B
(ii) For the purpose of making grants to medical schools pursuant to
section eighty-six-a of chapter one of the laws of nineteen hundred
ninety-nine in the sum of up to four million dollars for the period
January first, two thousand through December thirty-first, two thousand;
and
(iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of
this paragraph from the tobacco control and insurance initiatives pool
are contingent upon meeting all funding amounts established pursuant to
paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
and (s) of this subdivision, paragraph (a) of subdivision nine of
section twenty-eight hundred seven-j of this article, and paragraphs
(a), (i) and (k) of subdivision one of section twenty-eight hundred
seven-l of this article.
(u) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
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;
S. 7506--B 148 A. 9506--B
(iv) up to sixty-five million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to one hundred thirteen million eight hundred thousand dollars
for the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) up to one hundred thirty million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) up to one hundred thirty million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(viii) up to one hundred thirty million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(ix) up to one hundred thirty million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(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;
(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; AND
(XIV) UP TO ONE HUNDRED TWENTY-SEVEN MILLION FOUR HUNDRED THOUSAND
DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND
TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
(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)] (D) 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;
S. 7506--B 149 A. 9506--B
(vi) up to two million one hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million one hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million one hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million one hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(x) up to five hundred twenty-five thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(xi) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen;
(xii) up to two million one hundred thousand dollars each state fiscal
year for the period April first, two thousand fourteen through March
thirty-first, two thousand seventeen; [and]
(xiii) up to two million one hundred thousand dollars each state
fiscal year for the period April first, two thousand seventeen through
March thirty-first, two thousand twenty; AND
(XIV) UP TO TWO MILLION ONE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-THREE.
(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;
S. 7506--B 150 A. 9506--B
(vii) sixty-one million one hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight; and
(viii) forty-eight million seven hundred twenty-one thousand dollars
for the period January first, two thousand nine through November thirti-
eth, two thousand nine.
(y) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public general hospitals for recruitment and retention of
health care workers pursuant to paragraph (b) of subdivision thirty of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) fifty-two million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(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;
S. 7506--B 151 A. 9506--B
(iii) forty-six million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) forty-six million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) forty-six million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) thirty million nine hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) twenty-four million seven hundred thousand dollars for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(ix) nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten; and
(x) two million three hundred twenty-five thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(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.
S. 7506--B 152 A. 9506--B
(bb)(i) Funds shall be deposited by the commissioner, within amounts
appropriated, and subject to the availability of federal financial
participation, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which include a city with a population of over
one million persons and computed and distributed in accordance with
memorandums of understanding to be entered into between the state of New
York and such local social service districts for the purpose of support-
ing the recruitment and retention of personal care service workers or
any worker with direct patient care responsibility, from the tobacco
control and insurance initiatives pool established for the following
periods and the following amounts:
(A) forty-four million dollars, on an annualized basis, for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(B) seventy-four million dollars, on an annualized basis, for the
period January first, two thousand three through December thirty-first,
two thousand three;
(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;
(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; AND
S. 7506--B 153 A. 9506--B
(N) UP TO ONE HUNDRED THIRTY-SIX MILLION DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-THREE.
(ii) Adjustments to Medicaid rates made pursuant to this paragraph
shall not, in aggregate, exceed the following amounts for the following
periods:
(A) for the period April first, two thousand two through December
thirty-first, two thousand two, one hundred ten million dollars;
(B) for the period January first, two thousand three through December
thirty-first, two thousand three, one hundred eighty-five million
dollars;
(C) for the period January first, two thousand four through December
thirty-first, two thousand four, two hundred sixty million dollars;
(D) for the period January first, two thousand five through December
thirty-first, two thousand five, three hundred forty million dollars;
(E) for the period January first, two thousand six through December
thirty-first, two thousand six, three hundred forty million dollars;
(F) for the period January first, two thousand seven through December
thirty-first, two thousand seven, three hundred forty million dollars;
(G) for the period January first, two thousand eight through December
thirty-first, two thousand eight, three hundred forty million dollars;
(H) for the period January first, two thousand nine through December
thirty-first, two thousand nine, three hundred forty million dollars;
(I) for the period January first, two thousand ten through December
thirty-first, two thousand ten, three hundred forty million dollars;
(J) for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, eighty-five million dollars;
(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;
(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; AND
(N) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO
THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE,
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.
S. 7506--B 154 A. 9506--B
(cc) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which shall not include a city with a popu-
lation of over one million persons for the purpose of supporting the
personal care services worker recruitment and retention program as
established pursuant to section three hundred sixty-seven-q of the
social services law, from the tobacco control and insurance initiatives
pool established for the following periods and the following amounts:
(i) two million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) five million six hundred thousand dollars, on an annualized
basis, for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eight million four hundred thousand dollars, on an annualized
basis, for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand five through December
thirty-first, two thousand five;
(v) ten million eight hundred thousand dollars, on an annualized
basis, for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) eleven million two hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(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;
(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; AND
(XIV) UP TO ELEVEN MILLION TWO HUNDRED THOUSAND DOLLARS EACH STATE
FISCAL YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH
MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
S. 7506--B 155 A. 9506--B
(dd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods in
the following amounts:
(i) up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(ii) eighty-one million two hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) eighty-five million two hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) eighty-five million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) eighty-five million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
(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;
S. 7506--B 156 A. 9506--B
(iii) three million two hundred fifty thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) three million two hundred fifty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) three million two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) three million two hundred fifty thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(viii) two million four hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and
(x) three hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(ff) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for disabled persons as authorized pursuant to
former subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(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;
S. 7506--B 157 A. 9506--B
(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;
(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; AND
(XIV) FIFTEEN MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-THREE.
(gg) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (c) of
subdivision thirty of section twenty-eight hundred seven-c of this arti-
cle from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to one million three hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) up to three million two hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) up to five million six hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) up to eight million six hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) up to eight million six hundred thousand dollars on an annualized
basis for the period January first, two thousand six through December
thirty-first, two thousand six;
(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
S. 7506--B 158 A. 9506--B
facilities pursuant to subdivisions nineteen and twenty-one of section
twenty-eight hundred eight of this article, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) for the period April first, two thousand two through December
thirty-first, two thousand two, ten million dollars;
(ii) for the period January first, two thousand three through December
thirty-first, two thousand three, nine million four hundred fifty thou-
sand dollars;
(iii) for the period January first, two thousand four through December
thirty-first, two thousand four, nine million three hundred fifty thou-
sand dollars;
(iv) up to fifteen million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to fifteen million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to fifteen million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to fifteen million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to fifteen million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to fifteen million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(x) up to three million seven hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven; and
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen.
(ii) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of Medicaid expenditures for disabled persons as authorized
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;
S. 7506--B 159 A. 9506--B
(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;
(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; AND
(XIV) EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS EACH STATE FISCAL
YEAR FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-THREE.
(jj) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purposes of a grant program to improve access to infertility services,
treatments and procedures, from the tobacco control and insurance initi-
atives pool established for the period January first, two thousand two
through December thirty-first, two thousand two in the amount of nine
million one hundred seventy-five thousand dollars, for the period April
first, two thousand six through March thirty-first, two thousand seven
in the amount of five million dollars, for the period April first, two
thousand seven through March thirty-first, two thousand eight in the
amount of five million dollars, for the period April first, two thousand
eight through March thirty-first, two thousand nine in the amount of
five million dollars, and for the period April first, two thousand nine
through March thirty-first, two thousand ten in the amount of five
million dollars, for the period April first, two thousand ten through
March thirty-first, two thousand eleven in the amount of two million two
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;
S. 7506--B 160 A. 9506--B
(ii) up to two hundred ninety-five million dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to four hundred seventy-two million dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to nine hundred million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eight hundred sixty-six million three hundred thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to six hundred sixteen million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) up to five hundred seventy-eight million nine hundred twenty-
five thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight; and
(viii) within amounts appropriated on and after January first, two
thousand nine.
(ll) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medicaid expenditures related to the city of New York from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) eighty-two million seven hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) one hundred twenty-four million six hundred thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three;
(iii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand four through December thir-
ty-first, two thousand four;
(iv) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(v) one hundred twenty-four million seven hundred thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(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;
S. 7506--B 161 A. 9506--B
(x) thirty-one million one hundred seventy-five thousand dollars for
the period January first, two thousand eleven through March thirty-
first, two thousand eleven; and
(xi) one hundred twenty-four million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen.
(mm) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding specified
percentages of the state share of services and expenses related to the
family health plus program in accordance with the following schedule:
(i) (A) for the period January first, two thousand three through
December thirty-first, two thousand four, one hundred percent of the
state share;
(B) for the period January first, two thousand five through December
thirty-first, two thousand five, seventy-five percent of the state
share; and
(C) for periods beginning on and after January first, two thousand
six, fifty percent of the state share.
(ii) Funding for the family health plus program will include up to
five million dollars annually for the period January first, two thousand
three through December thirty-first, two thousand six, up to five
million dollars for the period January first, two thousand seven through
December thirty-first, two thousand seven, up to seven million two
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to seven
million two hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
seven million two hundred thousand dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten, up to
one million eight hundred thousand dollars for the period January first,
two thousand eleven through March thirty-first, two thousand eleven, up
to six million forty-nine thousand dollars for the period April first,
two thousand eleven through March thirty-first, two thousand twelve, up
to six million two hundred eighty-nine thousand dollars for the period
April first, two thousand twelve through March thirty-first, two thou-
sand thirteen, and up to six million four hundred sixty-one thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, for administration and marketing
costs associated with such program established pursuant to clauses (A)
and (B) of subparagraph (v) of paragraph (a) of subdivision two of
section three hundred sixty-nine-ee of the social services law from the
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;
S. 7506--B 162 A. 9506--B
(D) three hundred eighteen million seven hundred seventy-five thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(E) four hundred eighty-two million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(F) five hundred seventy million twenty-five thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(G) six hundred ten million seven hundred twenty-five thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(H) six hundred twenty-seven million two hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
(I) one hundred fifty-seven million eight hundred seventy-five thou-
sand dollars for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(J) six hundred twenty-eight million four hundred thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve;
(K) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand twelve through March thirty-first, two
thousand thirteen;
(L) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand thirteen through March thirty-first,
two thousand fourteen; and
(M) up to three hundred ten million five hundred ninety-five thousand
dollars for the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen.
(nn) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, health care services account,
or any successor fund or account, for purposes related to adult home
initiatives for medicaid eligible residents of residential facilities
licensed pursuant to section four hundred sixty-b of the social services
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to four million dollars for the period January first, two thou-
sand three through December thirty-first, two thousand three;
(ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
(iii) up to eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five,
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
S. 7506--B 163 A. 9506--B
transfer fund - 061, enhanced community services account - 05, or any
successor fund or account, for the purposes set forth in this paragraph;
(v) up to eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(vi) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(vii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand nine through December thirty-first,
two thousand nine;
(viii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand ten through December thirty-first,
two thousand ten; and
(ix) up to six hundred eighty-eight thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(oo) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of this
article from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to five million dollars on an annualized basis for the period
January first, two thousand four through December thirty-first, two
thousand four;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(vii) up to five million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten; and
(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] FOURTEEN of
section two hundred [ten] TEN-B 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:
S. 7506--B 164 A. 9506--B
(i) ten million dollars for the period January first, two thousand
four through December thirty-first, two thousand four;
(ii) ten million dollars for the period January first, two thousand
five through December thirty-first, two thousand five;
(iii) ten million dollars for the period January first, two thousand
six through December thirty-first, two thousand six; and
(iv) five million dollars for the period January first, two thousand
seven through June thirtieth, two thousand seven.
(qq) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting the long-term care insurance education and
outreach program established pursuant to section two hundred seventeen-a
of the elder law for the following periods in the following amounts:
(i) up to five million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be deposited by
the commissioner, within amounts appropriated, and the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the special revenue funds - other, HCRA transfer fund, long term care
insurance resource center account of the state office for the aging or
any future account designated for the purpose of implementing the long
term care insurance education and outreach program and providing the
long term care insurance resource centers with the necessary resources
to carry out their operations;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six; of such
funds one million nine hundred fifty thousand dollars shall be made
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
S. 7506--B 165 A. 9506--B
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] THREE of article twen-
ty-nine-D of this chapter, for the following periods and in the follow-
ing amounts:
(i) up to ten million dollars for the period January first, two thou-
sand six through December thirty-first, two thousand six;
(ii) up to ten million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven;
(iii) up to ten million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(iv) up to ten million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(v) up to ten million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten; and
(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
S. 7506--B 166 A. 9506--B
pursuant to this paragraph may be allocated and distributed by the
commissioner, or the state comptroller as applicable without a compet-
itive bid or request for proposal process. Considerations relied upon by
the commissioner in determining the allocation and distribution of these
funds shall include, but not be limited to, the following: (i) the
importance of the provider or program in meeting critical health care
needs in the community in which it operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality
of the care or services the provider or program delivers; (iv) the abil-
ity of the provider or program to continue to deliver an appropriate
level of care or services if additional funding is made available; (v)
the ability of the provider or program to access, in a timely manner,
alternative sources of funding, including other sources of government
funding; (vi) the ability of other providers or programs in the communi-
ty to meet the community health care needs; (vii) whether the provider
or program has an appropriate plan to improve its financial condition;
and (viii) whether additional funding would permit the provider or
program to consolidate, relocate, or close programs or services where
such actions would result in greater stability and efficiency in the
delivery of needed health care services or programs.
(tt) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing grants for two long term care demonstration projects
designed to test new models for the delivery of long term care services
established pursuant to section twenty-eight hundred seven-x of this
chapter, for the following periods and in the following amounts:
(i) up to five hundred thousand dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(ii) up to five hundred thousand dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(iii) up to five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(iv) up to one million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven; and
(v) up to two hundred fifty thousand dollars for the period January
first, two thousand eight through March thirty-first, two thousand
eight.
(uu) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for the
purpose of supporting disease management and telemedicine demonstration
programs authorized pursuant to section twenty-one hundred eleven of
this chapter for the following periods in the following amounts:
(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
S. 7506--B 167 A. 9506--B
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(iv) nine million five hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and one million
dollars shall be available for telemedicine demonstration programs;
(v) nine million five hundred thousand dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(vi) seven million eight hundred thirty-three thousand three hundred
thirty-three dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, of which seven million
five hundred thousand dollars shall be available for disease management
demonstration programs and three hundred thirty-three thousand three
hundred thirty-three dollars shall be available for telemedicine demon-
stration programs for the period January first, two thousand nine
through March first, two thousand nine;
(vii) one million eight hundred seventy-five thousand dollars for the
period January first, two thousand ten through March thirty-first, two
thousand ten shall be available for disease management demonstration
programs.
(ww) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for recruitment and
retention of health care workers pursuant to paragraph (e) of subdivi-
sion thirty of section twenty-eight hundred seven-c of this article from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) sixty million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five; and
(ii) sixty million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six.
(xx) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
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;
S. 7506--B 168 A. 9506--B
(iii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(iv) three million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight; and
(v) three million two hundred eight thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(yy) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated and notwithstanding
section one hundred twelve of the state finance law and any other
contrary provision of law, for the purpose of supporting grants not to
exceed five million dollars to be made by the commissioner without a
competitive bid or request for proposal process, in support of the
delivery of critically needed health care services, to health care
providers located in the counties of Erie and Niagara which executed a
memorandum of closing and conducted a merger closing in escrow on Novem-
ber twenty-fourth, nineteen hundred ninety-seven and which entered into
a settlement dated December thirtieth, two thousand four for a loss on
disposal of assets under the provisions of title XVIII of the federal
social security act applicable to mergers occurring prior to December
first, nineteen hundred ninety-seven.
(zz) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated, for the purpose of
supporting expenditures authorized pursuant to section twenty-eight
hundred eighteen of this article from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) six million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) one hundred eight million three hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated in
the two thousand six through two thousand seven state fiscal year, a
portion of such funds may be transferred to the Roswell Park Cancer
Institute Corporation to fund capital costs;
(iii) one hundred seventy-one million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, provided, however, that within amounts appropriated in the two
thousand six through two thousand seven state fiscal year, a portion of
such funds may be transferred to the Roswell Park Cancer Institute
Corporation to fund capital costs;
(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;
S. 7506--B 169 A. 9506--B
(viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first, two thousand eleven through
March thirty-first, two thousand twelve;
(ix) one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March thirty-first,
two thousand thirteen;
(x) seventy-eight million seventy-one thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen.
(aaa) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for services
and expenses related to school based health centers, in an amount up to
three million five hundred thousand dollars for the period April first,
two thousand six through March thirty-first, two thousand seven, up to
three million five hundred thousand dollars for the period April first,
two thousand seven through March thirty-first, two thousand eight, up to
three million five hundred thousand dollars for the period April first,
two thousand eight through March thirty-first, two thousand nine, up to
three million five hundred thousand dollars for the period April first,
two thousand nine through March thirty-first, two thousand ten, up to
three million five hundred thousand dollars for the period April first,
two thousand ten through March thirty-first, two thousand eleven, up to
two million eight hundred thousand dollars each state fiscal year for
the period April first, two thousand eleven through March thirty-first,
two thousand fourteen, 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, AND UP TO TWO MILLION SIX HUNDRED
FORTY-FOUR THOUSAND DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD APRIL
FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOUSAND
TWENTY-THREE. The total amount of funds provided herein shall be
distributed as grants based on the ratio of each provider's total
enrollment for all sites to the total enrollment of all providers. This
formula shall be applied to the total amount provided herein.
(bbb) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of awarding grants to operators of adult homes, enriched housing
programs and residences through the enhancing abilities and life experi-
ence (EnAbLe) program to provide for the installation, operation and
maintenance of air conditioning in resident rooms, consistent with this
paragraph, in an amount up to two million dollars for the period April
first, two thousand six through March thirty-first, two thousand seven,
up to three million eight hundred thousand dollars for the period April
first, two thousand seven through March thirty-first, two thousand
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.
S. 7506--B 170 A. 9506--B
(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;
(viii) up to fifty million dollars each state fiscal year for the
period April first, two thousand fourteen through March thirty-first,
two thousand seventeen; [and]
(ix) up to fifty million dollars each state fiscal year for the period
April first, two thousand seventeen through March thirty-first, two
thousand twenty; AND
(X) UP TO FIFTY MILLION DOLLARS EACH STATE FISCAL YEAR FOR THE PERIOD
APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH THIRTY-FIRST, TWO THOU-
SAND TWENTY-THREE.
(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
S. 7506--B 171 A. 9506--B
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
TRUST fund established by section ninety-nine-p of the state finance law
within amounts appropriated up to fifty million dollars annually and
shall not exceed five hundred million dollars in total.
(ggg) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for hospital translation services as
authorized pursuant to paragraph (k) of subdivision one of section twen-
ty-eight hundred seven-c of this article from the tobacco control and
initiatives pool established for the following periods in the following
amounts:
(i) sixteen million dollars for the period July first, two thousand
eight through December thirty-first, two thousand eight; and
(ii) fourteen million seven hundred thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(hhh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for the purpose of supporting the state
share of Medicaid expenditures for adjustments to inpatient rates of
payment for general hospitals located in the counties of Nassau and
Suffolk as authorized pursuant to paragraph (l) of subdivision one of
section twenty-eight hundred seven-c of this article from the tobacco
control and initiatives pool established for the following periods in
the following amounts:
(i) two million five hundred thousand dollars for the period April
first, two thousand eight through December thirty-first, two thousand
eight; and
(ii) two million two hundred ninety-two thousand dollars for the peri-
od January first, two thousand nine through November thirtieth, two
thousand nine.
(iii) Funds shall be reserved and set aside and accumulated from year
to year and shall be made available, including income from investment
funds, for the purpose of supporting the New York state medical indem-
nity fund as authorized pursuant to title four of article twenty-nine-D
of this chapter, for the following periods and in the following amounts,
provided, however, that the commissioner is authorized to seek waiver
authority from the federal centers for medicare and Medicaid for the
purpose of securing Medicaid federal financial participation for such
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
S. 7506--B 172 A. 9506--B
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.
§ 15. Paragraph (a) of subdivision 12 of section 367-b of the social
services law, as amended by section 7 of part H of chapter 57 of the
laws of 2017, 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 [twenty] TWENTY-THREE, by such hospitals
which elect to participate in the system.
§ 16. Paragraph (o) of subdivision 9 of section 3614 of the public
health law, as added by section 11 of part H of chapter 57 of the laws
of 2017, is amended and three new paragraphs (p), (q) and (r) are added
to read as follows:
(o) for the period April first, two thousand nineteen through March
thirty-first, two thousand twenty, up to one hundred million dollars[.];
(P) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, UP TO ONE HUNDRED MILLION
DOLLARS;
(Q) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, UP TO ONE HUNDRED MILLION
DOLLARS;
(R) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, UP TO ONE HUNDRED MILLION
DOLLARS.
§ 17. Paragraph (s) of subdivision 1 of section 367-q of the social
services law, as added by section 12 of part H of chapter 57 of the laws
of 2017, is amended and three new paragraphs (t), (u) and (v) are added
to read as follows:
(s) for the period April first, two thousand nineteen through March
thirty-first, two thousand twenty, twenty-eight million five hundred
thousand dollars[.];
(T) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS;
(U) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS;
S. 7506--B 173 A. 9506--B
(V) FOR THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-TWO THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, UP TO TWENTY-EIGHT MILLION FIVE
HUNDRED THOUSAND DOLLARS.
§ 18. Section 5 of chapter 517 of the laws of 2016, amending the
public health law relating to payments from the New York state medical
indemnity fund, as amended by section 4 of part K of chapter 57 of the
laws of 2019, is amended to read as follows:
§ 5. This act shall take effect on the forty-fifth day after it shall
have become a law, provided that the amendments to subdivision 4 of
section 2999-j of the public health law made by section two of this act
shall take effect on June 30, 2017 and shall expire and be deemed
repealed December 31, [2020] 2021.
§ 19. Section 2807-g and paragraph (e) of subdivision 1 of section
2807-l of the public health law are REPEALED.
§ 20. This act shall take effect April 1, 2020, provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2020, and further provided, that:
(a) the amendments to sections 2807-j and 2807-s of the public health
law made by sections two, eight, eleven and twelve 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 thirteen of this act shall not affect the
expiration of such section and shall be deemed to expire therewith; and
(c) the amendments to paragraph (i-1) of subdivision 1 of section
2807-v of the public health law made by section fourteen of this act
shall not affect the repeal of such paragraph and shall be deemed
repealed therewith.
PART Z
Section 1. Subdivisions 1 and 3 of section 461-s of the social
services law, subdivision 1 as amended by section 4 of part R of chapter
59 of the laws of 2016 and subdivision 3 as amended by section 6 of part
A of chapter 57 of the laws of 2015, are amended to read as follows:
1. (A) The commissioner of health shall establish the enhanced quality
of adult living program (referred to in this section as the "EQUAL
program" or the "program") for adult care facilities. The program shall
be targeted at improving the quality of life for adult care facility
residents by means of grants to facilities for [specified] THE purposes
SET FORTH IN SUBPARAGRAPHS (I) AND (II) OF THE PARAGRAPH. The depart-
ment of health, subject to the approval of the director of the budget,
shall develop an allocation methodology taking into account the finan-
cial status and size of the facility [as well as], resident needs AND
THE POPULATION OF RESIDENTS WHO RECEIVE SUPPLEMENTAL SECURITY INCOME,
STATE SUPPLEMENTAL PAYMENTS, MEDICAID (WITH RESPECT TO RESIDENTS IN AN
ASSISTED LIVING PROGRAM), OR SAFETY NET ASSISTANCE. On or before June
first of each year, the department shall make available the application
for EQUAL program funds. GRANTS MAY BE USED TO SUPPORT THE FOLLOWING
PURPOSES:
(I) TO IMPROVE THE QUALITY OF LIFE FOR ADULT CARE FACILITY RESIDENTS
BY FUNDING PROJECTS INCLUDING, BUT NOT LIMITED TO, CLOTHING ALLOWANCES,
RESIDENT TRAINING TO SUPPORT INDEPENDENT LIVING SKILLS, IMPROVEMENTS IN
FOOD QUALITY, OUTDOOR LEISURE PROJECTS, AND CULTURALLY RECREATIONAL AND
OTHER LEISURE EVENTS; AND RESIDENT QUALITY OF LIFE, PURSUANT TO THIS
SUBPARAGRAPH, AND
S. 7506--B 174 A. 9506--B
(II) TO IMPROVE THE QUALITY OF LIFE FOR ADULT CARE FACILITY RESIDENTS
BY FINANCING CAPITAL IMPROVEMENT PROJECTS THAT WILL ENHANCE THE PHYSICAL
ENVIRONMENT OF THE FACILITY AND PROMOTE A HIGHER QUALITY OF LIFE FOR
RESIDENTS. ANY CAPITAL RELATED EXPENSE GENERATED BY SUCH CAPITAL EXPEND-
ITURE MUST RECEIVE APPROVAL BY THE DEPARTMENT OF HEALTH, PROVIDED HOWEV-
ER, THAT SUCH EXPENDITURES SHALL NOT BE USED TO SUPPLANT THE OBLIGATIONS
OF THE FACILITY OPERATOR TO PROVIDE A SAFE, COMFORTABLE ENVIRONMENT FOR
RESIDENTS IN A GOOD STATE OF REPAIR AND SANITATION.
(B) ON OR BEFORE JUNE FIRST OF EACH YEAR, THE DEPARTMENT SHALL MAKE
AVAILABLE THE APPLICATION FOR EQUAL PROGRAM FUNDS TO ELIGIBLE ADULT CARE
FACILITIES, AS SET FORTH IN THIS SECTION.
3. Prior to applying for EQUAL program funds, a facility shall receive
approval of its expenditure plan from the residents' council for the
facility. The residents' council shall adopt a process to identify the
priorities of the residents for the use of the program funds and docu-
ment residents' top preferences by means that may include a vote or
survey. The plan shall detail how program funds will be used to improve
RESIDENT QUALITY OF LIFE, PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION, AND SUPPORT SUSTAINABLE ENHANCEMENTS
TO the physical environment of the facility [or the quality of care and
services rendered to residents and may include, but not be limited to,
staff training, air conditioning in residents' areas, clothing, improve-
ments in food quality, furnishings, equipment, security, and maintenance
or repairs to the facility] PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
(A) OF THIS SUBDIVISION. The facility's application for EQUAL program
funds shall include a signed attestation from the president or chair-
person of the residents' council or, in the absence of a residents'
council, at least three residents of the facility, stating that the
application reflects the priorities of the residents of the facility.
The department shall investigate reports of resident abuse and retali-
ation related to program applications and expenditures.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART AA
Section 1. Section 2807-bbb of the public health law is REPEALED.
§ 2. Subdivision 10 of section 2808 of the public health law is
REPEALED.
§ 3. Subdivision 6 of section 3614 of the public health law, as added
by chapter 563 of the laws of 1991, is REPEALED.
§ 4. Subdivision 4 of section 4012 of the public health law is
REPEALED.
§ 5. Clause (B) of subparagraph (iii) of paragraph (e) of subdivision
one of section twenty-eight hundred seven-c of the public health law is
REPEALED.
§ 6. Article 27-G of the public health law is REPEALED.
§ 7. Section 95-e of the state finance law, as added by chapter 301 of
the laws of 2004, subdivision 2 as amended by chapter 483 of the laws of
2015, subdivision 2-a as added by section 27-i of part UU of chapter 54
of the laws of 2016, is amended to read as follows:
§ 95-e. The New York state autism awareness and research fund. 1.
There is hereby established in the joint custody of the commissioner of
taxation and finance and the comptroller, a special fund to be known as
the New York state autism awareness and research fund.
S. 7506--B 175 A. 9506--B
2. Such fund shall consist of all revenues received pursuant to the
provisions of section four hundred four-v of the vehicle and traffic
law, as added by chapter three hundred one of the laws of two thousand
four, all revenues received pursuant to section six hundred thirty-d of
the tax law and all other moneys appropriated, credited, or transferred
thereto from any other fund or source pursuant to law. Nothing contained
in this section shall prevent the state from receiving grants, gifts or
bequests for the purposes of the fund as defined in this section and
depositing them into the fund according to law.
2-a. On or before the first day of February each year, the commission-
er of [health] THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
shall provide a written report to the temporary president of the senate,
speaker of the assembly, chair of the senate finance committee, chair of
the assembly ways and means committee, chair of the senate committee on
health, chair of the assembly health committee, the state comptroller
and the public. Such report shall include how the monies of the fund
were utilized during the preceding calendar year, and shall include:
(i) the amount of money disbursed from the fund and the award process
used for such disbursements;
(ii) recipients of awards from the fund;
(iii) the amount awarded to each;
(iv) the purposes for which such awards were granted; and
(v) a summary financial plan for such monies which shall include esti-
mates of all receipts and all disbursements for the current and succeed-
ing fiscal years, along with the actual results from the prior fiscal
year.
3. (a) Monies of the fund shall be expended only for autism awareness
projects or autism research projects approved by the [department of
health] OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES in New York
state provided, however, that no more than ten percent of monies from
such fund shall be expended on the aggregate number of autism research
projects approved in a fiscal year.
(b) As used in this section, the term "autism research project" means
scientific research approved by the [department of health] OFFICE FOR
PEOPLE WITH DEVELOPMENTAL DISABILITIES into the causes and/or treatment
of autism, and the term "autism awareness project" means a project
approved by the [department of health] OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES aimed toward educating the general public about the
causes, symptoms, and treatments of autism.
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the commissioner
of [health] THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES.
5. To the extent practicable, the commissioner of [health] THE OFFICE
FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES shall ensure that all monies
received during a fiscal year are expended prior to the end of that
fiscal year.
§ 8. Article 27-J of the public health law is REPEALED.
§ 9. Title E of the mental hygiene law is amended by adding a new
article 30 to read as follows:
ARTICLE 30
COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS
SECTION 30.01 LEGISLATIVE FINDINGS.
30.02 DEFINITIONS.
30.03 COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS; ESTAB-
LISHED.
30.04 QUALIFYING CRITERIA.
S. 7506--B 176 A. 9506--B
30.05 STATE IDENTIFICATION OF COMPREHENSIVE CARE CENTERS FOR
EATING DISORDERS; COMMISSIONER'S WRITTEN NOTICE.
30.06 RESTRICTED USE OF TITLE.
§ 30.01 LEGISLATIVE FINDINGS.
THE LEGISLATURE HEREBY FINDS THAT EFFECTIVE DIAGNOSIS AND TREATMENT
FOR CITIZENS STRUGGLING WITH EATING DISORDERS, A COMPLEX AND POTENTIALLY
LIFE-THREATENING CONDITION, REQUIRES A CONTINUUM OF INTERDISCIPLINARY
PROVIDERS AND LEVELS OF CARE. SUCH EFFECTIVE DIAGNOSIS AND TREATMENT
FURTHER REQUIRES THE COORDINATION AND COMPREHENSIVE MANAGEMENT OF AN
INDIVIDUALIZED PLAN OF CARE SPECIFICALLY ORIENTED TO THE DISTINCT NEEDS
OF EACH INDIVIDUAL.
THE LEGISLATURE FURTHER FINDS THAT, WHILE THERE ARE NUMEROUS HEALTH
CARE PROVIDERS IN THE STATE WITH EXPERTISE IN EATING DISORDER TREATMENT,
THERE IS NO GENERALLY ACCESSIBLE, COMPREHENSIVE SYSTEM FOR RESPONDING TO
THESE DISORDERS. DUE TO THE LACK OF SUCH A SYSTEM THE LEGISLATURE FINDS
THAT TREATMENT, INFORMATION/REFERRAL, PREVENTION AND RESEARCH ACTIVITIES
ARE FRAGMENTED AND INCOMPLETE. IN ADDITION, DUE TO THE BROAD, MULTIFAC-
ETED NEEDS OF INDIVIDUALS WITH EATING DISORDERS, INSURANCE PAYMENTS FOR
THE NECESSARY PLAN OF CARE AND PROVIDERS IS USUALLY FRAGMENTED AS WELL,
LEAVING CITIZENS WITH INSUFFICIENT COVERAGE FOR ESSENTIAL SERVICES AND,
THEREFORE, AT RISK OF INCOMPLETE TREATMENT, RELAPSE, DETERIORATION AND
POTENTIAL DEATH.
THE LEGISLATURE THEREFORE DECLARES THAT THE STATE TAKE POSITIVE ACTION
TO FACILITATE THE DEVELOPMENT AND PUBLIC IDENTIFICATION OF PROVIDER
NETWORKS AND CARE CENTERS OF EXCELLENCE TO PROVIDE A COORDINATED,
COMPREHENSIVE SYSTEM FOR THE TREATMENT OF SUCH DISORDERS, AS WELL AS TO
CONDUCT COMMUNITY EDUCATION, PREVENTION, INFORMATION/REFERRAL AND
RESEARCH ACTIVITIES. THE LEGISLATURE FURTHER DECLARES THAT HEALTH COVER-
AGE BY INSURERS AND HEALTH MAINTENANCE ORGANIZATIONS SHOULD INCLUDE
COVERED SERVICES PROVIDED THROUGH SUCH CENTERS AND THAT, TO THE EXTENT
POSSIBLE AND PRACTICABLE, HEALTH PLAN REIMBURSEMENT SHOULD BE STRUCTURED
IN A MANNER TO FACILITATE THE INDIVIDUALIZED, COMPREHENSIVE AND INTE-
GRATED PLANS OF CARE WHICH SUCH CENTERS ARE REQUIRED TO PROVIDE.
§ 30.02 DEFINITIONS.
FOR PURPOSES OF THIS ARTICLE:
(A) "EATING DISORDER" IS DEFINED TO INCLUDE, BUT NOT BE LIMITED TO,
CONDITIONS SUCH AS ANOREXIA NERVOSA, BULIMIA AND BINGE EATING DISORDER,
IDENTIFIED AS SUCH IN THE ICD-9-CM INTERNATIONAL CLASSIFICATION OF
DISEASE OR THE MOST CURRENT EDITION OF THE DIAGNOSTIC AND STATISTICAL
MANUAL OF MENTAL DISORDERS, OR OTHER MEDICAL AND MENTAL HEALTH DIAGNOS-
TIC REFERENCES GENERALLY ACCEPTED FOR STANDARD USE BY THE MEDICAL AND
MENTAL HEALTH FIELDS.
(B) "COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS" OR "COMPREHEN-
SIVE CARE CENTERS" MEANS A PROVIDER-SPONSORED SYSTEM OF CARE, ORGANIZED
BY EITHER CORPORATE AFFILIATION OR CLINICAL ASSOCIATION FOR THE COMMON
PURPOSE OF PROVIDING A COORDINATED, INDIVIDUALIZED PLAN OF CARE FOR AN
INDIVIDUAL WITH AN EATING DISORDER, ACROSS A CONTINUUM THAT INCLUDES ALL
NECESSARY NON-INSTITUTIONAL, INSTITUTIONAL AND PRACTITIONER SERVICES AND
TREATMENTS, FROM INITIAL PATIENT SCREENING AND EVALUATION, TO TREATMENT,
FOLLOW-UP CARE AND SUPPORT.
§ 30.03 COMPREHENSIVE CARE CENTERS FOR EATING DISORDERS; ESTABLISHED.
THE COMMISSIONER SHALL PROVIDE FOR THE PUBLIC IDENTIFICATION OF
COMPREHENSIVE CARE CENTERS FOR PERSONS WITH EATING DISORDERS FOR THE
PURPOSES OF:
(A) PROMOTING THE OPERATION OF A CONTINUUM OF COMPREHENSIVE, COORDI-
NATED CARE FOR PERSONS WITH EATING DISORDERS;
S. 7506--B 177 A. 9506--B
(B) PROMOTING READY ACCESS TO INFORMATION, REFERRAL AND TREATMENT
SERVICES ON EATING DISORDERS FOR CONSUMERS, HEALTH PRACTITIONERS,
PROVIDERS AND INSURERS, WITH ACCESS IN EVERY REGION OF THE STATE;
(C) PROMOTING COMMUNITY EDUCATION, PREVENTION AND PATIENT ENTRY INTO
CARE; AND
(D) PROMOTING AND COORDINATING REGIONAL AND STATEWIDE RESEARCH EFFORTS
INTO EFFECTIVE METHODS OF EDUCATION, PREVENTION AND TREATMENT, INCLUDING
RESEARCH ON THE VARIOUS MODELS OF CARE.
§ 30.04 QUALIFYING CRITERIA.
(A) IN ORDER TO QUALIFY FOR STATE IDENTIFICATION AS A COMPREHENSIVE
CARE CENTER FOR EATING DISORDERS PURSUANT TO THIS ARTICLE, APPLICANTS
MUST DEMONSTRATE TO THE COMMISSIONER'S SATISFACTION THAT, AT A MINIMUM:
1. THE APPLICANT CAN PROVIDE A CONTINUUM OF CARE TAILORED TO THE
SPECIALIZED NEEDS OF INDIVIDUALS WITH EATING DISORDERS, WITH SUCH
CONTINUUM INCLUDING AT LEAST THE FOLLOWING LEVELS OF CARE:
(I) INDIVIDUAL HEALTH, PSYCHOSOCIAL AND CASE MANAGEMENT SERVICES, IN
BOTH NONINSTITUTIONAL AND INSTITUTIONAL SETTINGS, FROM LICENSED AND
CERTIFIED PRACTITIONERS WITH DEMONSTRATED EXPERIENCE AND EXPERTISE IN
PROVIDING SERVICES TO INDIVIDUALS WITH EATING DISORDERS;
(II) MEDICAL/SURGICAL, PSYCHIATRIC AND REHABILITATION CARE IN A GENER-
AL HOSPITAL OR A HOSPITAL LICENSED UNDER THIS CHAPTER; PROVIDED THAT,
WHENEVER PRACTICABLE AND APPROPRIATE, THE SERVICE SETTING FOR ANY SUCH
CARE SHALL BE ORIENTED TO THE SPECIFIC NEEDS, TREATMENT AND RECOVERY OF
PERSONS WITH EATING DISORDERS;
(III) RESIDENTIAL CARE AND SERVICES IN A RESIDENTIAL HEALTH CARE
FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,
OR A FACILITY LICENSED UNDER ARTICLE THIRTY-ONE OF THIS CHAPTER WHICH
WILL PROVIDE A PROGRAM OF CARE AND SERVICE SETTING THAT IS SPECIFICALLY
ORIENTED TO THE NEEDS OF INDIVIDUALS WITH EATING DISORDERS;
2. THE CARE OF INDIVIDUALS WILL BE MANAGED AND COORDINATED AT EACH
LEVEL AND THROUGHOUT THE CONTINUUM OF CARE;
3. THE APPLICANT IS ABLE TO CONDUCT ACTIVITIES FOR COMMUNITY EDUCA-
TION, PREVENTION, INFORMATION/REFERRAL AND RESEARCH; AND
4. THE APPLICANT MEETS SUCH ADDITIONAL CRITERIA AS ARE ESTABLISHED BY
THE COMMISSIONER.
(B) ELIGIBLE APPLICANTS SHALL INCLUDE BUT ARE NOT LIMITED TO PROVIDERS
LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR ARTICLE
THIRTY-ONE OF THIS CHAPTER OR HEALTH OR MENTAL HEALTH PRACTITIONERS
LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW.
(C) THE COMMISSIONER SHALL SEEK THE RECOMMENDATION OF THE COMMISSIONER
OF HEALTH PRIOR TO IDENTIFYING AN APPLICANT AS A COMPREHENSIVE CARE
CENTER UNDER THIS ARTICLE.
§ 30.05 STATE IDENTIFICATION OF COMPREHENSIVE CARE CENTERS FOR EATING
DISORDERS; COMMISSIONER'S WRITTEN NOTICE.
(A) THE COMMISSIONER SHALL IDENTIFY A SUFFICIENT NUMBER OF COMPREHEN-
SIVE CENTERS TO ENSURE ADEQUATE ACCESS TO SERVICES IN ALL REGIONS OF THE
STATE, PROVIDED THAT, TO THE EXTENT POSSIBLE, THE COMMISSIONER SHALL
IDENTIFY SUCH CARE CENTERS GEOGRAPHICALLY DISPERSED THROUGHOUT THE
STATE, AND PROVIDED FURTHER, HOWEVER, THAT THE COMMISSIONER SHALL, TO
THE EXTENT POSSIBLE, INITIALLY IDENTIFY AT LEAST THREE SUCH CENTERS.
(B) THE COMMISSIONER'S IDENTIFICATION OF A COMPREHENSIVE CARE CENTER
FOR EATING DISORDERS UNDER THIS ARTICLE SHALL BE VALID FOR NOT MORE THAN
A TWO YEAR PERIOD FROM THE DATE OF ISSUANCE. THE COMMISSIONER MAY REIS-
SUE SUCH IDENTIFICATIONS FOR SUBSEQUENT PERIODS OF UP TO FIVE YEARS,
PROVIDED THAT THE COMPREHENSIVE CARE CENTER HAS NOTIFIED THE COMMISSION-
ER OF ANY MATERIAL CHANGES IN STRUCTURE OR OPERATION BASED ON ITS
S. 7506--B 178 A. 9506--B
ORIGINAL APPLICATION, OR SINCE ITS LAST WRITTEN NOTICE BY THE COMMIS-
SIONER, AND THAT THE COMMISSIONER IS SATISFIED THAT THE CENTER CONTINUES
TO MEET THE CRITERIA REQUIRED PURSUANT TO THIS ARTICLE.
(C) THE COMMISSIONER MAY SUSPEND OR REVOKE HIS OR HER WRITTEN NOTICE
UPON A DETERMINATION THAT THE COMPREHENSIVE CARE CENTER HAS NOT MET, OR
WOULD NOT BE ABLE TO MEET, THE CRITERIA REQUIRED PURSUANT TO THIS ARTI-
CLE, PROVIDED, HOWEVER THAT THE COMMISSIONER SHALL AFFORD SUCH CENTER AN
OPPORTUNITY FOR A HEARING, IN ACCORDANCE SECTION 31.17 OF THIS CHAPTER,
TO REVIEW THE CIRCUMSTANCES OF AND GROUNDS FOR SUCH SUSPENSION OR REVO-
CATION AND TO APPEAL SUCH DETERMINATION.
§ 30.06 RESTRICTED USE OF TITLE.
NO PERSON OR ENTITY SHALL CLAIM, ADVERTISE OR IMPLY TO CONSUMERS,
HEALTH PLANS OR OTHER HEALTH CARE PROVIDERS THAT SUCH PROVIDER OR PRAC-
TITIONER IS A STATE-IDENTIFIED COMPREHENSIVE CARE CENTER FOR EATING
DISORDERS UNLESS IT IS QUALIFIED PURSUANT TO SECTION 30.04 OF THIS ARTI-
CLE.
§ 10. Section 31.25 of the mental hygiene law, as added by chapter 24
of the laws of 2008, is amended to read as follows:
§ 31.25 Residential services for treatment of eating disorders.
The commissioner shall establish, pursuant to regulation, licensed
residential providers of treatment and/or supportive services to chil-
dren, adolescents, and adults with eating disorders, as that term is
defined in section [twenty-seven hundred ninety-nine-e of the public
health law] 30.02 OF THIS TITLE. Such regulations shall be developed in
consultation with representatives from each of the comprehensive care
centers for eating disorders established pursuant to article
[twenty-seven-J of the public health law] THIRTY OF THIS CHAPTER and
licensed treatment professionals, such as physicians, psychiatrists,
psychologists and therapists, with demonstrated expertise in treating
patients with eating disorders.
§ 11. Paragraph 14 of subsection (k) of section 3221 of the insurance
law, as added by chapter 114 of the laws of 2004, is amended to read as
follows:
(14) No group or blanket policy delivered or issued for delivery in
this state which provides medical, major medical or similar comprehen-
sive-type coverage shall exclude coverage for services covered under
such policy when provided by a comprehensive care center for eating
disorders pursuant to article [twenty-seven-J of the public health]
THIRTY OF THE MENTAL HYGIENE law; provided, however, that reimbursement
under such policy for services provided through such comprehensive care
centers shall, to the extent possible and practicable, be structured in
a manner to facilitate the individualized, comprehensive and integrated
plans of care which such centers' network of practitioners and providers
are required to provide.
§ 12. Subsection (dd) of section 4303 of the insurance law, as added
by chapter 114 of the laws of 2004, is amended to read as follows:
(dd) No health service corporation or medical service expense indem-
nity corporation which provides medical, major medical or similar
comprehensive-type coverage shall exclude coverage for services covered
under such policy when provided by a comprehensive care center for
eating disorders pursuant to article [twenty-seven-J of the public
health] THIRTY OF THE MENTAL HYGIENE law; provided, however, that
reimbursement by such corporation for services provided through such
comprehensive care centers shall, to the extent possible and practica-
ble, be structured in a manner to facilitate the individualized, compre-
S. 7506--B 179 A. 9506--B
hensive and integrated plans of care which such centers' network of
practitioners and providers are required to provide.
§ 13. Paragraph 27 of subsection (b) of section 4322 of the insurance
law, as added by chapter 114 of the laws of 2004, is amended to read as
follows:
(27) Services covered under such policy when provided by a comprehen-
sive care center for eating disorders pursuant to article [twenty-sev-
en-J of the public health] THIRTY OF THE MENTAL HYGIENE law; provided,
however, that reimbursement under such policy for services provided
through such comprehensive care centers shall, to the extent possible
and practicable, be structured in a manner to facilitate the individual-
ized, comprehensive and integrated plans of care which such centers'
network of practitioners and providers are required to provide.
§ 14. Subdivision 1 of section 154 of the labor law, as added by chap-
ter 675 of the laws of 2007, is amended to read as follows:
1. The commissioner, in consultation with the commissioner of health
and the commissioner of mental health, shall establish a child performer
advisory board for the purpose of recommending guidelines for the
employment of child performers and models under the age of eighteen and
preventing eating disorders such as anorexia nervosa and bulimia nervosa
amongst such persons. The advisory board shall consist of at least
sixteen but no more than twenty members appointed by the commissioner,
and shall include: representatives of professional organizations or
unions representing child performers or models; employers representing
child performers or models; physicians, nutritionists and mental health
professionals with demonstrated expertise in treating patients with
eating disorders; at least one representative from each of the compre-
hensive care centers for eating disorders established pursuant to arti-
cle [twenty-seven-J of the public health] THIRTY OF THE MENTAL HYGIENE
law; advocacy organizations working to prevent and treat eating disor-
ders; and other members deemed necessary by the commissioner. In addi-
tion, the commissioner of health and the commissioner of mental health,
or their designees, shall serve on the advisory board. The members of
the advisory board shall receive no compensation for their services but
shall be reimbursed their actual and necessary expenses incurred in the
performance of their duties.
§ 15. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART BB
Section 1. Section 9 of part R of chapter 59 of the laws of 2016,
amending the public health law and other laws relating to electronic
prescriptions, is amended to read as follows:
§ 9. This act shall take effect immediately; provided however, that
sections one and two of this act shall take effect on the first of June
next succeeding the date on which it shall have become a law and shall
expire and be deemed repealed [four years after such effective date]
JUNE 1, 2023.
§ 2. 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 11 of
part I of chapter 57 of the laws of 2017, 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, [2020] 2023.
S. 7506--B 180 A. 9506--B
§ 3. Paragraph (e-1) of subdivision 12 of section 2808 of the public
health law, as amended by section 12 of part I of chapter 57 of the laws
of 2017, is amended to read as follows:
(e-1) Notwithstanding any inconsistent provision of law or regulation,
the commissioner shall provide, in addition to payments established
pursuant to this article prior to application of this section, addi-
tional payments under the medical assistance program pursuant to title
eleven of article five of the social services law for non-state operated
public residential health care facilities, including public residential
health care facilities located in the county of Nassau, the county of
Westchester and the county of Erie, but excluding public residential
health care facilities operated by a town or city within a county, in
aggregate annual amounts of up to one hundred fifty million dollars in
additional payments for the state fiscal year beginning April first, two
thousand six and for the state fiscal year beginning April first, two
thousand seven and for the state fiscal year beginning April first, two
thousand eight and of up to three hundred million dollars in such aggre-
gate annual additional payments for the state fiscal year beginning
April first, two thousand nine, and for the state fiscal year beginning
April first, two thousand ten and for the state fiscal year beginning
April first, two thousand eleven, and for the state fiscal years begin-
ning April first, two thousand twelve and April first, two thousand
thirteen, and of up to five hundred million dollars in such aggregate
annual additional payments for the state fiscal years beginning April
first, two thousand fourteen, April first, two thousand fifteen and
April first, two thousand sixteen and of up to five hundred million
dollars in such aggregate annual additional payments for the state
fiscal years beginning April first, two thousand seventeen, April first,
two thousand eighteen, and April first, two thousand nineteen, AND OF UP
TO FIVE HUNDRED MILLION DOLLARS IN SUCH AGGREGATE ANNUAL ADDITIONAL
PAYMENTS FOR THE STATE FISCAL YEARS BEGINNING APRIL FIRST, TWO THOUSAND
TWENTY, APRIL FIRST, TWO THOUSAND TWENTY-ONE, AND APRIL FIRST, TWO THOU-
SAND TWENTY-TWO. The amount allocated to each eligible public residen-
tial health care facility for this period shall be computed in accord-
ance 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 repre-
sentative 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.
§ 4. 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 13 of part I of
chapter 57 of the laws of 2017, 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, [2020] 2023, 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.
S. 7506--B 181 A. 9506--B
§ 5. 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 14 of part I of chapter 57 of the laws of 2017, 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, [2020] 2023 when upon such date the provisions of such section shall
be deemed repealed.
§ 6. 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 15 of part I of chapter 57 of the laws of 2017, 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, [2020] 2023;
§ 7. 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 16 of part I of chapter 57 of the laws of 2017, 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, [2020] 2023; provided, however, that the amendments made by
section twenty-eight of this act shall take effect on the same date as
section 1 of chapter 281 of the laws of 2007 takes effect; provided
further, that sections twenty-nine, thirty, and thirty-one of this act
shall take effect October 1, 2008; provided further, that section twen-
ty-seven of this act shall take effect January 1, 2009; and provided
further, that section twenty-seven of this act shall expire and be
deemed repealed March 31, [2020] 2023; 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.
§ 8. Subdivision 3 of section 2999-p of the public health law, as
amended by section 17 of part I of chapter 57 of the laws of 2017, is
amended to read as follows:
3. The commissioner may issue a certificate of authority to an entity
that meets conditions for ACO certification as set forth in regulations
made by the commissioner pursuant to section twenty-nine hundred nine-
ty-nine-q of this article. The commissioner shall not issue any new
certificate under this article after December thirty-first, two thousand
[twenty] TWENTY-FOUR.
§ 9. Subdivision (a) of section 31 of part B of chapter 59 of the laws
of 2016, amending the social services law and other laws relating to
authorizing the commissioner of health to apply federally established
consumer price index penalties for generic drugs, and authorizing the
S. 7506--B 182 A. 9506--B
commissioner of health to impose penalties on managed care plans for
reporting late or incorrect encounter data, as amended by section 1 of
part T of chapter 57 of the laws of 2018, is amended to read as follows:
(a) section eleven of this act shall expire and be deemed repealed
March 31, [2020] 2022;
§ 10. Subdivision 1-a of section 60 of part B of chapter 57 of the
laws of 2015, amending the social services law and other laws relating
to supplemental rebates, as added by section 5-b of part T of chapter 57
of the laws of 2018, is amended to read as follows:
1-a. section fifty-two of this act shall expire and be deemed repealed
March 31, [2020] 2025;
§ 11. Section 7 of part H of chapter 57 of the laws of 2019, amending
the public health law relating to waiver of certain regulations, is
amended to read as follows:
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019, provided,
however, that section two of this act shall expire on April 1, [2020]
2021.
§ 12. Section 228 of chapter 474 of the laws of 1996, amending the
education law and other laws relating to rates for residential health
care facilities, as amended by chapter 49 of the laws of 2017, is
amended to read as follows:
§ 228. 1. Definitions. (a) Regions, for purposes of this section,
shall mean a downstate region to consist of Kings, New York, Richmond,
Queens, Bronx, Nassau and Suffolk counties and an upstate region to
consist of all other New York state counties. A certified home health
agency or long term home health care program shall be located in the
same county utilized by the commissioner of health for the establishment
of rates pursuant to article 36 of the public health law.
(b) Certified home health agency (CHHA) shall mean such term as
defined in section 3602 of the public health law.
(c) Long term home health care program (LTHHCP) shall mean such term
as defined in subdivision 8 of section 3602 of the public health law.
(d) Regional group shall mean all those CHHAs and LTHHCPs, respective-
ly, located within a region.
(e) Medicaid revenue percentage, for purposes of this section, shall
mean CHHA and LTHHCP revenues attributable to services provided to
persons eligible for payments pursuant to title 11 of article 5 of the
social services law divided by such revenues plus CHHA and LTHHCP reven-
ues attributable to services provided to beneficiaries of Title XVIII of
the federal social security act (medicare).
(f) Base period, for purposes of this section, shall mean calendar
year 1995.
(g) Target period. For purposes of this section, the 1996 target peri-
od shall mean August 1, 1996 through March 31, 1997, the 1997 target
period shall mean January 1, 1997 through November 30, 1997, the 1998
target period shall mean January 1, 1998 through November 30, 1998, the
1999 target period shall mean January 1, 1999 through November 30, 1999,
the 2000 target period shall mean January 1, 2000 through November 30,
2000, the 2001 target period shall mean January 1, 2001 through November
30, 2001, the 2002 target period shall mean January 1, 2002 through
November 30, 2002, the 2003 target period shall mean January 1, 2003
through November 30, 2003, the 2004 target period shall mean January 1,
2004 through November 30, 2004, and the 2005 target period shall mean
January 1, 2005 through November 30, 2005, the 2006 target period shall
mean January 1, 2006 through November 30, 2006, and the 2007 target
S. 7506--B 183 A. 9506--B
period shall mean January 1, 2007 through November 30, 2007 and the 2008
target period shall mean January 1, 2008 through November 30, 2008, and
the 2009 target period shall mean January 1, 2009 through November 30,
2009 and the 2010 target period shall mean January 1, 2010 through
November 30, 2010 and the 2011 target period shall mean January 1, 2011
through November 30, 2011 and the 2012 target period shall mean January
1, 2012 through November 30, 2012 and the 2013 target period shall mean
January 1, 2013 through November 30, 2013, and the 2014 target period
shall mean January 1, 2014 through November 30, 2014 and the 2015 target
period shall mean January 1, 2015 through November 30, 2015 and the 2016
target period shall mean January 1, 2016 through November 30, 2016 and
the 2017 target period shall mean January 1, 2017 through November 30,
2017 and the 2018 target period shall mean January 1, 2018 through
November 30, 2018 and the 2019 target period shall mean January 1, 2019
through November 30, 2019 and the 2020 target period shall mean January
1, 2020 through November 30, 2020, AND THE 2021 TARGET PERIOD SHALL MEAN
JANUARY 1, 2021 THROUGH NOVEMBER 30, 2021 AND THE 2022 TARGET PERIOD
SHALL MEAN JANUARY 1, 2022 THROUGH NOVEMBER 30, 2022 AND THE 2023 TARGET
PERIOD SHALL MEAN JANUARY 1, 2023 THROUGH NOVEMBER 30, 2023.
2. (a) Prior to February 1, 1997, for each regional group the commis-
sioner of health shall calculate the 1996 medicaid revenue percentages
for the period commencing August 1, 1996 to the last date for which such
data is available and reasonably accurate.
(b) Prior to February 1, 1998, prior to February 1, 1999, prior to
February 1, 2000, prior to February 1, 2001, prior to February 1, 2002,
prior to February 1, 2003, prior to February 1, 2004, prior to February
1, 2005, prior to February 1, 2006, prior to February 1, 2007, prior to
February 1, 2008, prior to February 1, 2009, prior to February 1, 2010,
prior to February 1, 2011, prior to February 1, 2012, prior to February
1, 2013, prior to February 1, 2014, prior to February 1, 2015, prior to
February 1, 2016, prior to February 1, 2017, prior to February 1, 2018,
prior to February 1, 2019, [and] prior to February 1, 2020, PRIOR TO
FEBRUARY 1, 2021, PRIOR TO FEBRUARY 1, 2022, AND PRIOR TO FEBRUARY 1,
2023 for each regional group the commissioner of health shall calculate
the prior year's medicaid revenue percentages for the period commencing
January 1 through November 30 of such prior year.
3. By September 15, 1996, for each regional group the commissioner of
health shall calculate the base period medicaid revenue percentage.
4. (a) For each regional group, the 1996 target medicaid revenue
percentage shall be calculated by subtracting the 1996 medicaid revenue
reduction percentages from the base period medicaid revenue percentages.
The 1996 medicaid revenue reduction percentage, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
(i) one and one-tenth percentage points for CHHAs located within the
downstate region;
(ii) six-tenths of one percentage point for CHHAs located within the
upstate region;
(iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
(iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
(b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
[and], 2020, 2021, 2022 AND 2023 for each regional group, the target
medicaid revenue percentage for the respective year shall be calculated
S. 7506--B 184 A. 9506--B
by subtracting the respective year's medicaid revenue reduction percent-
age from the base period medicaid revenue percentage. The medicaid
revenue reduction percentages for 1997, 1998, 2000, 2001, 2002, 2003,
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,
2016, 2017, 2018, 2019 [and], 2020, 2021, 2022 AND 2023, taking into
account regional and program differences in utilization of medicaid and
medicare services, for the following regional groups shall be equal to
for each such year:
(i) one and one-tenth percentage points for CHHAs located within the
downstate region;
(ii) six-tenths of one percentage point for CHHAs located within the
upstate region;
(iii) one and eight-tenths percentage points for LTHHCPs located with-
in the downstate region; and
(iv) one and seven-tenths percentage points for LTHHCPs located within
the upstate region.
(c) For each regional group, the 1999 target medicaid revenue percent-
age shall be calculated by subtracting the 1999 medicaid revenue
reduction percentage from the base period medicaid revenue percentage.
The 1999 medicaid revenue reduction percentages, taking into account
regional and program differences in utilization of medicaid and medicare
services, for the following regional groups shall be equal to:
(i) eight hundred twenty-five thousandths (.825) of one percentage
point for CHHAs located within the downstate region;
(ii) forty-five hundredths (.45) of one percentage point for CHHAs
located within the upstate region;
(iii) one and thirty-five hundredths percentage points (1.35) for
LTHHCPs located within the downstate region; and
(iv) one and two hundred seventy-five thousandths percentage points
(1.275) for LTHHCPs located within the upstate region.
5. (a) For each regional group, if the 1996 medicaid revenue percent-
age is not equal to or less than the 1996 target medicaid revenue
percentage, the commissioner of health shall compare the 1996 medicaid
revenue percentage to the 1996 target medicaid revenue percentage to
determine the amount of the shortfall which, when divided by the 1996
medicaid revenue reduction percentage, shall be called the 1996
reduction factor. These amounts, expressed as a percentage, shall not
exceed one hundred percent. If the 1996 medicaid revenue percentage is
equal to or less than the 1996 target medicaid revenue percentage, the
1996 reduction factor shall be zero.
(b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018
[and], 2019, 2020, 2021, 2022 AND 2023, for each regional group, if the
medicaid revenue percentage for the respective year is not equal to or
less than the target medicaid revenue percentage for such respective
year, the commissioner of health shall compare such respective year's
medicaid revenue percentage to such respective year's target medicaid
revenue percentage to determine the amount of the shortfall which, when
divided by the respective year's medicaid revenue reduction percentage,
shall be called the reduction factor for such respective year. These
amounts, expressed as a percentage, shall not exceed one hundred
percent. If the medicaid revenue percentage for a particular year is
equal to or less than the target medicaid revenue percentage for that
year, the reduction factor for that year shall be zero.
S. 7506--B 185 A. 9506--B
6. (a) For each regional group, the 1996 reduction factor shall be
multiplied by the following amounts to determine each regional group's
applicable 1996 state share reduction amount:
(i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
(ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
(iii) one million two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
(iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs
located within the upstate region.
For each regional group reduction, if the 1996 reduction factor shall
be zero, there shall be no 1996 state share reduction amount.
(b) For 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
[and], 2020, 2021, 2022 AND 2023, for each regional group, the reduction
factor for the respective year shall be multiplied by the following
amounts to determine each regional group's applicable state share
reduction amount for such respective year:
(i) two million three hundred ninety thousand dollars ($2,390,000) for
CHHAs located within the downstate region;
(ii) seven hundred fifty thousand dollars ($750,000) for CHHAs located
within the upstate region;
(iii) one million two hundred seventy thousand dollars ($1,270,000)
for LTHHCPs located within the downstate region; and
(iv) five hundred ninety thousand dollars ($590,000) for LTHHCPs
located within the upstate region.
For each regional group reduction, if the reduction factor for a
particular year shall be zero, there shall be no state share reduction
amount for such year.
(c) For each regional group, the 1999 reduction factor shall be multi-
plied by the following amounts to determine each regional group's appli-
cable 1999 state share reduction amount:
(i) one million seven hundred ninety-two thousand five hundred dollars
($1,792,500) for CHHAs located within the downstate region;
(ii) five hundred sixty-two thousand five hundred dollars ($562,500)
for CHHAs located within the upstate region;
(iii) nine hundred fifty-two thousand five hundred dollars ($952,500)
for LTHHCPs located within the downstate region; and
(iv) four hundred forty-two thousand five hundred dollars ($442,500)
for LTHHCPs located within the upstate region.
For each regional group reduction, if the 1999 reduction factor shall
be zero, there shall be no 1999 state share reduction amount.
7. (a) For each regional group, the 1996 state share reduction amount
shall be allocated by the commissioner of health among CHHAs and LTHHCPs
on the basis of the extent of each CHHA's and LTHHCP's failure to
achieve the 1996 target medicaid revenue percentage, calculated on a
provider specific basis utilizing revenues for this purpose, expressed
as a proportion of the total of each CHHA's and LTHHCP's failure to
achieve the 1996 target medicaid revenue percentage within the applica-
ble regional group. This proportion shall be multiplied by the applica-
ble 1996 state share reduction amount calculation pursuant to paragraph
(a) of subdivision 6 of this section. This amount shall be called the
1996 provider specific state share reduction amount.
(b) For 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
S. 7506--B 186 A. 9506--B
2019 [and], 2020, 2021, 2022 AND 2023 for each regional group, the state
share reduction amount for the respective year shall be allocated by the
commissioner of health among CHHAs and LTHHCPs on the basis of the
extent of each CHHA's and LTHHCP's failure to achieve the target medi-
caid revenue percentage for the applicable year, calculated on a provid-
er specific basis utilizing revenues for this purpose, expressed as a
proportion of the total of each CHHA's and LTHHCP's failure to achieve
the target medicaid revenue percentage for the applicable year within
the applicable regional group. This proportion shall be multiplied by
the applicable year's state share reduction amount calculation pursuant
to paragraph (b) or (c) of subdivision 6 of this section. This amount
shall be called the provider specific state share reduction amount for
the applicable year.
8. (a) The 1996 provider specific state share reduction amount shall
be due to the state from each CHHA and LTHHCP and may be recouped by the
state by March 31, 1997 in a lump sum amount or amounts from payments
due to the CHHA and LTHHCP pursuant to title 11 of article 5 of the
social services law.
(b) The provider specific state share reduction amount for 1997, 1998,
1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021,
2022 AND 2023 respectively, shall be due to the state from each CHHA and
LTHHCP and each year the amount due for such year may be recouped by the
state by March 31 of the following year in a lump sum amount or amounts
from payments due to the CHHA and LTHHCP pursuant to title 11 of article
5 of the social services law.
9. CHHAs and LTHHCPs shall submit such data and information at such
times as the commissioner of health may require for purposes of this
section. The commissioner of health may use data available from third-
party payors.
10. On or about June 1, 1997, for each regional group the commissioner
of health shall calculate for the period August 1, 1996 through March
31, 1997 a medicaid revenue percentage, a reduction factor, a state
share reduction amount, and a provider specific state share reduction
amount in accordance with the methodology provided in paragraph (a) of
subdivision 2, paragraph (a) of subdivision 5, paragraph (a) of subdivi-
sion 6 and paragraph (a) of subdivision 7 of this section. The provider
specific state share reduction amount calculated in accordance with this
subdivision shall be compared to the 1996 provider specific state share
reduction amount calculated in accordance with paragraph (a) of subdivi-
sion 7 of this section. Any amount in excess of the amount determined in
accordance with paragraph (a) of subdivision 7 of this section shall be
due to the state from each CHHA and LTHHCP and may be recouped in
accordance with paragraph (a) of subdivision 8 of this section. If the
amount is less than the amount determined in accordance with paragraph
(a) of subdivision 7 of this section, the difference shall be refunded
to the CHHA and LTHHCP by the state no later than July 15, 1997. CHHAs
and LTHHCPs shall submit data for the period August 1, 1996 through
March 31, 1997 to the commissioner of health by April 15, 1997.
11. If a CHHA or LTHHCP fails to submit data and information as
required for purposes of this section:
(a) such CHHA or LTHHCP shall be presumed to have no decrease in medi-
caid revenue percentage between the applicable base period and the
applicable target period for purposes of the calculations pursuant to
this section; and
S. 7506--B 187 A. 9506--B
(b) the commissioner of health shall reduce the current rate paid to
such CHHA and such LTHHCP by state governmental agencies pursuant to
article 36 of the public health law by one percent for a period begin-
ning on the first day of the calendar month following the applicable due
date as established by the commissioner of health and continuing until
the last day of the calendar month in which the required data and infor-
mation are submitted.
12. The commissioner of health shall inform in writing the director of
the budget and the chair of the senate finance committee and the chair
of the assembly ways and means committee of the results of the calcu-
lations pursuant to this section.
§ 13. Paragraph (f) of subdivision 1 of section 64 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:
(f) Prior to February 1, 2001, February 1, 2002, February 1, 2003,
February 1, 2004, February 1, 2005, February 1, 2006, February 1, 2007,
February 1, 2008, February 1, 2009, February 1, 2010, February 1, 2011,
February 1, 2012, February 1, 2013, February 1, 2014, February 1, 2015,
February 1, 2016, February 1, 2017, February 1, 2018, February 1, 2019
[and], February 1, 2020, FEBRUARY 1, 2021, FEBRUARY 1, 2022 AND FEBRUARY
1, 2023, the commissioner of health shall calculate the result of the
statewide total of residential health care facility days of care
provided to beneficiaries of title XVIII of the federal social security
act (medicare), divided by the sum of such days of care plus days of
care provided to residents eligible for payments pursuant to title 11 of
article 5 of the social services law minus the number of days provided
to residents receiving hospice care, expressed as a percentage, for the
period commencing January 1, through November 30, of the prior year
respectively, based on such data for such period. This value shall be
called the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020,
2021, 2022 AND 2023 statewide target percentage respectively.
§ 14. Subparagraph (ii) of paragraph (b) of subdivision 3 of section
64 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:
(ii) If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019 [and], 2020, 2021, 2022 AND 2023 statewide target percentages are
not for each year at least three percentage points higher than the
statewide base percentage, the commissioner of health shall determine
the percentage by which the statewide target percentage for each year is
not at least three percentage points higher than the statewide base
percentage. The percentage calculated pursuant to this paragraph shall
be called the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018,
2019 [and], 2020, 2021, 2022 AND 2023 statewide reduction percentage
respectively. If the 1997, 1998, 2000, 2001, 2002, 2003, 2004, 2005,
2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,
2018, 2019 [and], 2020, 2021, 2022 AND 2023 statewide target percentage
for the respective year is at least three percentage points higher than
the statewide base percentage, the statewide reduction percentage for
the respective year shall be zero.
S. 7506--B 188 A. 9506--B
§ 15. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
64 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:
(iii) The 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008,
2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and],
2020, 2021, 2022 AND 2023 statewide reduction percentage shall be multi-
plied by one hundred two million dollars respectively to determine the
1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010,
2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021,
2022 AND 2023 statewide aggregate reduction amount. If the 1998 and the
2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011,
2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and], 2020, 2021, 2022
AND 2023 statewide reduction percentage shall be zero respectively,
there shall be no 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019
[and] 2020, 2021, 2022 AND 2023 reduction amount.
§ 16. Subdivision (i-1) of section 79 of part C of chapter 58 of the
laws of 2008, amending the social services law and the public health law
relating to adjustments of rates, as amended by section 5 of chapter 49
of the laws of 2017, is amended to read as follows:
(i-1) section thirty-one-a of this act shall be deemed repealed July
1, [2020] 2023;
§ 17. Section 4 of chapter 495 of the laws of 2004, amending the
insurance law and the public health law relating to the New York state
health insurance continuation assistance demonstration project, as
amended by section 1 of part FF of chapter 57 of the laws of 2019, is
amended to read as follows:
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that this act shall remain in
effect until July 1, [2020] 2021 when upon such date the provisions of
this act shall expire and be deemed repealed; provided, further, that a
displaced worker shall be eligible for continuation assistance retroac-
tive to July 1, 2004.
§ 18. Section 8 of chapter 563 of the laws of 2008, amending the
education law and the public health law relating to immunizing agents to
be administered to adults by pharmacists, as amended by section 3 of
part DD of chapter 57 of the laws of 2018, is amended to read as
follows:
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be deemed repealed July 1, [2020]
2022.
§ 19. Section 5 of chapter 116 of the laws of 2012, amending the
education law relating to authorizing a licensed pharmacist and certi-
fied nurse practitioner to administer certain immunizing agents, as
amended by section 4 of part DD of chapter 57 of the laws of 2018, is
amended to read as follows:
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that the provisions of sections
one, two and four of this act shall expire and be deemed repealed July
1, [2020] 2022 provided, that:
(a) the amendments to subdivision 7 of section 6527 of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
S. 7506--B 189 A. 9506--B
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
(c) the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not affect the repeal of
such subdivision and shall be deemed to be repealed therewith; and
(d) the amendments to section 6801 of the education law made by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.
§ 20. Section 5 of chapter 21 of the laws of 2011, amending the educa-
tion law relating to authorizing pharmacists to perform collaborative
drug therapy management with physicians in certain settings, as amended
by section 5 of part DD of chapter 57 of the laws of 2018, is amended to
read as follows:
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that the provisions of
sections two, three, and four of this act shall expire and be deemed
repealed July 1, [2020] 2022; provided, however, that the amendments to
subdivision 1 of section 6801 of the education law made by section one
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 8 of chapter 563 of the laws of 2008,
when upon such date the provisions of section one-a of this act shall
take effect; provided, further, that effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
§ 21. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART CC
Section 1. Paragraphs 56 and 57 of subdivision (b) of schedule I of
section 3306 of the public health law, as added by section 4 of part BB
of chapter 57 of the laws of 2018, are amended to read as follows:
(56) [3,4-dichloro-N-{(1-dimethylamino) cyclohexylmethyl}benzamide]
3,4-DICHLORO-N-{(1-DIMETHYLAMINO)CYCLOHEXYLMETHYL}BENZAMIDE. Some trade
or other names: AH-7921.
(57) [N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (Acetyl Fenta-
nyl)] N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE. SOME TRADE OR
OTHER NAMES: ACETYL FENTANYL.
§ 2. Subdivision (b) of schedule I of section 3306 of the public
health law is amended by adding thirteen new paragraphs 58, 59, 60, 61,
62, 63, 64, 65, 66, 67, 68, 69 and 70 to read as follows:
(58) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUTYRAMIDE. OTHER NAME:
BUTYRYL FENTANYL.
(59) N-{1-{2-HYDROXY-2-(THIOPHEN-2-YL)ETHYL}PIPERIDIN-4-YL}-N-PHENYLP-
ROPIONAMIDE. OTHER NAME: BETA-HYDROXYTHIOFENTANYL.
(60) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLFURAN-2-CARBOXAMIDE. OTHER
NAME: FURANYL FENTANYL.
(61) 3,4-DICHLORO-N-{2-(DIMETHYLAMINO) CYCLOHEXYL}-N-METHYLBENZAMIDE.
OTHER NAME: U-47700.
(62) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACRYLAMIDE. OTHER NAMES:
ACRYL FENTANYL OR ACRYLOYLFENTANYL.
(63) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAMES: 4-FLUOROISOBUTYRYL FENTANYL, PARA-FLUOROISOBUTYRYL FENTA-
NYL.
S. 7506--B 190 A. 9506--B
(64) N-(2-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)PROPIONAMIDE.
OTHER NAMES: ORTHO-FLUOROFENTANYL OR 2-FLUOROFENTANYL.
(65) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTETRAHYDROFURAN-2-CARBOX-
AMIDE. OTHER NAME: TETRAHYDROFURANYL FENTANYL.
(66) 2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLACETAMIDE. OTHER
NAME: METHOXYACETYL FENTANYL.
(67) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPROPANECARBOXAMIDE.
OTHER NAME: CYCLOPROPYL FENTANYL.
(68) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER
NAME: PARA-FLUOROBUTYRYLFENTANYL.
(69) N-(2-FLUOROPHENYL)-2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAM-
IDE. OTHER NAME: OCFENTANIL.
(70) 1-CYCLOHEXYL-4-(1,2-DIPHENYLETHYL)PIPERAZINE. OTHER NAME: MT-45.
§ 3. Subdivision (c) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 29 to read as follows:
(29) THIAFENTANIL.
§ 4. 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.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
PART DD
Section 1. Subdivisions 1 and 4 of section 1119 of the public health
law, as amended by chapter 61 of the laws of 1989, are amended to read
as follows:
1. At the time of submitting a plan for approval as required by this
article, a filing fee computed at the rate of [twelve dollars and fifty
cents] FIFTY DOLLARS per lot shall be paid to the department or to the
city, county or part-county health district wherein such plans are
filed.
4. Notwithstanding any other provision of this title the commissioner
[of health] is empowered to make administrative arrangements with the
commissioner of environmental conservation for joint or cooperative
administration of this title and title fifteen of article seventeen of
the environmental conservation law, such that only one plan must be
filed and only one fee totaling [twenty-five] ONE HUNDRED dollars per
lot must be paid.
§ 2. Subdivision 2 of section 3551 of the public health law, as added
by chapter 378 of the laws of 1990, is amended to read as follows:
2. The department shall license each applicant who submits an applica-
tion on a form prescribed by the commissioner and meets the requirements
of this article and any rules or regulations promulgated pursuant to
this article, upon payment of a registration fee of [thirty] ONE HUNDRED
TWENTY dollars.
§ 3. Subdivision 1 of section 3554 of the public health law, as added
by chapter 378 of the laws of 1990, is amended to read as follows:
1. The commissioner shall inspect each tanning facility licensed under
this article and each ultraviolet radiation device used, offered, or
S. 7506--B 191 A. 9506--B
made available for use in such facility, not less than biennially. The
commissioner may establish a fee for such inspection, which shall not
exceed [fifty] TWO HUNDRED dollars per ultraviolet radiation device;
provided, however, that no facility shall be required to pay any such
fee on more than one occasion in any biennial registration period. The
commissioner may appoint and designate, from time to time, persons to
make the inspections authorized by this article.
§ 4. Paragraph (a) of subdivision 2 of section 905 of the labor law,
as added by chapter 166 of the laws of 1991, is amended to read as
follows:
(a) The commissioner of health shall assess a fee of no more than
[twenty] FIFTY dollars for each asbestos safety program completion
certificate requested by the training sponsor for each full asbestos
safety program and a fee of no more than [twelve] THIRTY dollars for
each asbestos safety program completion certificate requested by the
training sponsor for each refresher training asbestos safety program,
provided, however, that in no event shall the cost of such certificates
be assessed by the sponsor against the participants.
§ 5. This act shall take effect immediately.
PART EE
Section 1. The public health law is amended by adding three new
sections 1399-mm-1, 1399-mm-2, and 1399-mm-3 to read as follows:
§ 1399-MM-1. SALE OF FLAVORED PRODUCTS PROHIBITED. 1. FOR THE PURPOSES
OF THIS SECTION "FLAVORED" SHALL MEAN ANY VAPOR PRODUCT INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,
WITH A DISTINGUISHABLE TASTE OR AROMA, OTHER THAN THE TASTE OR AROMA OF
TOBACCO, IMPARTED EITHER PRIOR TO OR DURING CONSUMPTION OF SUCH PRODUCT
OR A COMPONENT PART THEREOF, INCLUDING BUT NOT LIMITED TO TASTES OR
AROMAS RELATING TO ANY FRUIT, CHOCOLATE, VANILLA, HONEY, CANDY, COCOA,
DESSERT, ALCOHOLIC BEVERAGE, MINT, WINTERGREEN, MENTHOL, HERB OR SPICE,
OR ANY CONCEPT FLAVOR THAT IMPARTS A TASTE OR AROMA THAT IS DISTINGUISH-
ABLE FROM TOBACCO FLAVOR BUT MAY NOT RELATE TO ANY PARTICULAR KNOWN
FLAVOR. A VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE, SHALL BE PRESUMED TO BE FLAVORED IF
A PRODUCT'S RETAILER, MANUFACTURER, OR A MANUFACTURER'S AGENT OR EMPLOY-
EE HAS MADE A STATEMENT OR CLAIM DIRECTED TO CONSUMERS OR THE PUBLIC,
WHETHER EXPRESSED OR IMPLIED, THAT SUCH PRODUCT OR DEVICE HAS A DISTIN-
GUISHABLE TASTE OR AROMA OTHER THAN THE TASTE OR AROMA OF TOBACCO.
2. NO VAPOR PRODUCTS DEALER, OR ANY AGENT OR EMPLOYEE OF A VAPOR
PRODUCTS DEALER, SHALL SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY
FLAVORED VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE.
3. ANY VAPOR PRODUCTS DEALER, OR ANY AGENT OR EMPLOYEE OF A VAPOR
PRODUCTS DEALER, WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH
INDIVIDUAL PACKAGE OF FLAVORED VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE SOLD OR
OFFERED FOR SALE, PROVIDED, HOWEVER, THAT WITH RESPECT TO A MANUFACTUR-
ER, IT SHALL BE AN AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSU-
ANT TO THIS SECTION THAT SUCH SALE OR OFFER OF SALE, AS APPLICABLE,
OCCURRED WITHOUT THE KNOWLEDGE, CONSENT, AUTHORIZATION, OR INVOLVEMENT,
DIRECT OR INDIRECT, OF SUCH MANUFACTURER. VIOLATIONS OF THIS SECTION
SHALL BE ENFORCED PURSUANT TO SECTION THIRTEEN HUNDRED NINETY-NINE-FF OF
S. 7506--B 192 A. 9506--B
THIS ARTICLE, EXCEPT THAT ANY PERSON MAY SUBMIT A COMPLAINT TO AN
ENFORCEMENT OFFICER THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY VAPOR
PRODUCTS DEALER, OR ANY AGENT OR EMPLOYEE OF A VAPOR PRODUCTS DEALER,
WHO SELLS OR OFFERS FOR SALE, OR WHO POSSESS WITH INTENT TO SELL OR
OFFER FOR SALE, ANY FLAVORED VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE THAT THE
U.S. FOOD AND DRUG ADMINISTRATION HAS AUTHORIZED TO LEGALLY MARKET AS
DEFINED UNDER 21 U.S.C. § 387J AND THAT HAS RECEIVED A PREMARKET REVIEW
APPROVAL ORDER UNDER 21 U.S.C. § 387J(C) ET SEQ.
§ 1399-MM-2. SALE IN PHARMACIES. 1. NO TOBACCO PRODUCT, HERBAL CIGA-
RETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE, SHALL BE SOLD IN A PHARMACY OR IN A
RETAIL ESTABLISHMENT THAT CONTAINS A PHARMACY OPERATED AS A DEPARTMENT
AS DEFINED BY PARAGRAPH F OF SUBDIVISION TWO OF SECTION SIXTY-EIGHT
HUNDRED EIGHT OF THE EDUCATION LAW. PROVIDED, HOWEVER, THAT SUCH PROHI-
BITION ON THE SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, OR VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, SHALL NOT APPLY TO ANY OTHER BUSINESS THAT OWNS
OR LEASES PREMISES WITHIN ANY BUILDING OR OTHER FACILITY THAT ALSO
CONTAINS A PHARMACY OR A RETAIL ESTABLISHMENT THAT CONTAINS A PHARMACY
OPERATED AS A DEPARTMENT AS DEFINED BY PARAGRAPH F OF SUBDIVISION TWO OF
SECTION SIXTY-EIGHT HUNDRED EIGHT OF THE EDUCATION LAW.
2. THE COMMISSIONER SHALL HAVE SOLE JURISDICTION TO ENFORCE THE
PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL HAVE THE POWER TO
ASSESS PENALTIES IN ACCORDANCE WITH SECTION TWELVE OF THIS CHAPTER AND
PURSUANT TO A HEARING CONDUCTED IN ACCORDANCE WITH SECTION TWELVE-A OF
THIS CHAPTER. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
COMMISSIONER FROM COMMENCING A PROCEEDING FOR INJUNCTIVE RELIEF TO
COMPEL COMPLIANCE WITH THIS SECTION.
§ 1399-MM-3. CARRIER OILS. 1. FOR THE PURPOSES OF THIS SECTION "CARRI-
ER OILS" SHALL MEAN ANY INGREDIENT OF A VAPOR PRODUCT INTENDED TO
CONTROL THE CONSISTENCY OR OTHER PHYSICAL CHARACTERISTICS OF SUCH VAPOR
PRODUCT, TO CONTROL THE CONSISTENCY OR OTHER PHYSICAL CHARACTERISTICS OF
VAPOR, OR TO FACILITATE THE PRODUCTION OF VAPOR WHEN SUCH VAPOR PRODUCT
IS USED IN AN ELECTRONIC CIGARETTE. "CARRIER OILS" SHALL NOT INCLUDE ANY
PRODUCT APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A
DRUG OR MEDICAL DEVICE OR MANUFACTURED AND DISPENSED PURSUANT TO TITLE
FIVE-A OF ARTICLE THIRTY-THREE OF THIS CHAPTER.
2. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
GOVERNING THE SALE AND DISTRIBUTION OF CARRIER OILS THAT ARE SUSPECTED
OF CAUSING ACUTE ILLNESS AND HAVE BEEN IDENTIFIED AS A CHEMICAL OF
CONCERN BY THE UNITED STATES CENTERS FOR DISEASE CONTROL AND PREVENTION.
SUCH REGULATIONS MAY, TO THE EXTENT DEEMED BY THE COMMISSIONER AS NECES-
SARY FOR THE PROTECTION OF PUBLIC HEALTH, PROHIBIT OR RESTRICT THE SELL-
ING, OFFERING FOR SALE, POSSESSING WITH INTENT TO SELL, OR DISTRIBUTING
OF CARRIER OILS.
3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WHERE PREEMPTED BY
FEDERAL LAW. FURTHERMORE, THE PROVISIONS OF THIS SECTION SHALL BE
SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION IS DECLARED
TO BE INVALID, OR IS PREEMPTED BY FEDERAL LAW OR REGULATION, THE VALIDI-
TY OF THE REMAINDER OF THIS SECTION SHALL NOT BE AFFECTED THEREBY. IF
ANY PROVISION OF THIS SECTION IS DECLARED TO BE INAPPLICABLE TO ANY
SPECIFIC CATEGORY, TYPE, OR KIND OF CARRIER OIL, THE PROVISIONS OF THIS
SECTION SHALL NONETHELESS CONTINUE TO APPLY WITH RESPECT TO ALL OTHER
CARRIER OILS.
S. 7506--B 193 A. 9506--B
§ 2. Section 1399-aa of the public health law is amended by adding
five new subdivisions 14, 15, 16, 17, and 18 to read as follows:
14. "PRICE REDUCTION INSTRUMENT" MEANS ANY COUPON, VOUCHER, REBATE,
CARD, PAPER, NOTE, FORM, STATEMENT, TICKET, IMAGE, OR OTHER ISSUE,
WHETHER IN PAPER, DIGITAL, OR ANY OTHER FORM, USED FOR COMMERCIAL
PURPOSES TO RECEIVE AN ARTICLE, PRODUCT, SERVICE, OR ACCOMMODATION WITH-
OUT CHARGE OR AT A DISCOUNTED PRICE.
15. "LISTED OR NON-DISCOUNTED PRICE" MEANS THE PRICE LISTED FOR CIGA-
RETTES, TOBACCO PRODUCTS, OR VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, ON THEIR
PACKAGES OR ANY RELATED SHELVING, POSTING, ADVERTISING OR DISPLAY AT THE
LOCATION WHERE THE CIGARETTES, TOBACCO PRODUCTS, OR VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE, ARE SOLD OR OFFERED FOR SALE, INCLUDING ALL APPLICABLE
TAXES.
16. "RETAIL DEALER" MEANS A PERSON LICENSED BY THE COMMISSIONER OF
TAXATION AND FINANCE TO SELL CIGARETTES, TOBACCO PRODUCTS, OR VAPOR
PRODUCTS IN THIS STATE.
17. "VAPOR PRODUCTS" 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, INCLUDING ANY
DEVICE THAT CONTAINS SUCH NONCOMBUSTIBLE LIQUID OR GEL. "VAPOR PRODUCT"
SHALL NOT INCLUDE ANY DEVICE, OR ANY COMPONENT THEREOF, THAT DOES NOT
CONTAIN SUCH NONCOMBUSTIBLE LIQUID OR GEL, OR ANY PRODUCT APPROVED BY
THE UNITED STATES FOOD AND DRUG ADMINISTRATION AS A DRUG OR MEDICAL
DEVICE, OR MANUFACTURED AND DISPENSED PURSUANT TO TITLE FIVE-A OF ARTI-
CLE THIRTY-THREE OF THIS CHAPTER.
18. "VAPOR PRODUCTS DEALER" MEANS A PERSON LICENSED BY THE COMMISSION-
ER OF TAXATION AND FINANCE TO SELL VAPOR PRODUCTS IN THIS STATE.
§ 3. Section 1399-ll of the public health law, as added by chapter 262
of the laws of 2000, subdivisions 1 and 5 as amended and subdivision 6
as added by chapter 342 of the laws of 2013, is amended to read as
follows:
§ 1399-ll. Unlawful shipment or transport of cigarettes AND VAPOR
PRODUCTS. 1. It shall be unlawful for any person engaged in the busi-
ness of selling cigarettes to ship or cause to be shipped any cigarettes
to any person in this state who is not: (a) a person licensed as a ciga-
rette tax agent or wholesale dealer under article twenty of the tax law
or registered retail dealer under section four hundred eighty-a of the
tax law; (b) an export warehouse proprietor pursuant to chapter 52 of
the internal revenue code or an operator of a customs bonded warehouse
pursuant to section 1311 or 1555 of title 19 of the United States Code;
or (c) a person who is an officer, employee or agent of the United
States government, this state or a department, agency, instrumentality
or political subdivision of the United States or this state and presents
himself or herself as such, when such person is acting in accordance
with his or her official duties. For purposes of this subdivision, a
person is a licensed or registered agent or dealer described in para-
graph (a) of this subdivision if his or her name appears on a list of
licensed or registered agents or dealers published by the department of
taxation and finance, or if such person is licensed or registered as an
agent or dealer under article twenty of the tax law.
1-A. IT SHALL BE UNLAWFUL FOR ANY PERSON ENGAGED IN THE BUSINESS OF
SELLING VAPOR PRODUCTS TO SHIP OR CAUSE TO BE SHIPPED ANY VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE TO ANY PERSON IN THIS STATE WHO IS NOT: (A) A PERSON THAT
S. 7506--B 194 A. 9506--B
RECEIVES A CERTIFICATE OF REGISTRATION AS A VAPOR PRODUCTS DEALER UNDER
ARTICLE TWENTY EIGHT-C OF THE TAX LAW; (B) AN EXPORT WAREHOUSE PROPRIE-
TOR PURSUANT TO CHAPTER 52 OF THE INTERNAL REVENUE CODE OR AN OPERATOR
OF A CUSTOMS BONDED WAREHOUSE PURSUANT TO SECTION 1311 OR 1555 OF TITLE
19 OF THE UNITED STATES CODE; OR (C) A PERSON WHO IS AN OFFICER, EMPLOY-
EE OR AGENT OF THE UNITED STATES GOVERNMENT, THIS STATE OR A DEPARTMENT,
AGENCY, INSTRUMENTALITY OR POLITICAL SUBDIVISION OF THE UNITED STATES OR
THIS STATE AND PRESENTS HIMSELF OR HERSELF AS SUCH, WHEN SUCH PERSON IS
ACTING IN ACCORDANCE WITH HIS OR HER OFFICIAL DUTIES. FOR PURPOSES OF
THIS SUBDIVISION, A PERSON IS A LICENSED OR REGISTERED AGENT OR DEALER
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION IF HIS OR HER NAME
APPEARS ON A LIST OF LICENSED OR REGISTERED AGENTS OR VAPOR PRODUCT
DEALERS PUBLISHED BY THE DEPARTMENT OF TAXATION AND FINANCE, OR IF SUCH
PERSON IS LICENSED OR REGISTERED AS AN AGENT OR DEALER UNDER ARTICLE
TWENTY EIGHT-C OF THE TAX LAW.
2. It shall be unlawful for any common or contract carrier to knowing-
ly transport cigarettes to any person in this state reasonably believed
by such carrier to be other than a person described in paragraph (a),
(b) or (c) of subdivision one of this section. For purposes of the
preceding sentence, if cigarettes are transported to a home or resi-
dence, it shall be presumed that the common or contract carrier knew
that such person was not a person described in paragraph (a), (b) or (c)
of subdivision one of this section. It shall be unlawful for any other
person to knowingly transport cigarettes to any person in this state,
other than to a person described in paragraph (a), (b) or (c) of subdi-
vision one of this section. Nothing in this subdivision shall be
construed to prohibit a person other than a common or contract carrier
from transporting not more than eight hundred cigarettes at any one time
to any person in this state. IT SHALL BE UNLAWFUL FOR ANY COMMON OR
CONTRACT CARRIER TO KNOWINGLY TRANSPORT VAPOR PRODUCTS INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE
TO ANY PERSON IN THIS STATE REASONABLY BELIEVED BY SUCH CARRIER TO BE
OTHER THAN A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF SUBDIVI-
SION ONE-A OF THIS SECTION. FOR PURPOSES OF THE PRECEDING SENTENCE, IF
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE ARE TRANSPORTED TO A HOME OR RESIDENCE, IT
SHALL BE PRESUMED THAT THE COMMON OR CONTRACT CARRIER KNEW THAT SUCH
PERSON WAS NOT A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF SUBDI-
VISION ONE-A OF THIS SECTION. IT SHALL BE UNLAWFUL FOR ANY OTHER PERSON
TO KNOWINGLY TRANSPORT VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO
BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE TO ANY PERSON IN THIS
STATE, OTHER THAN TO A PERSON DESCRIBED IN PARAGRAPH (A), (B) OR (C) OF
SUBDIVISION ONE OF THIS SECTION. NOTHING IN THIS SUBDIVISION SHALL BE
CONSTRUED TO PROHIBIT A PERSON OTHER THAN A COMMON OR CONTRACT CARRIER
FROM TRANSPORTING VAPOR PRODUCTS, PROVIDED THAT THE AMOUNT OF VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE SHALL NOT EXCEED THE LESSER OF 500 MILLILITERS,
OR A TOTAL NICOTINE CONTENT OF 3 GRAMS AT ANY ONE TIME TO ANY PERSON IN
THIS STATE.
3. When a person engaged in the business of selling cigarettes ships
or causes to be shipped any cigarettes to any person in this state,
other than in the cigarette manufacturer's original container or wrap-
ping, the container or wrapping must be plainly and visibly marked with
the word "cigarettes". WHEN A PERSON ENGAGED IN THE BUSINESS OF SELLING
VAPOR PRODUCTS SHIPS OR CAUSES TO BE SHIPPED ANY VAPOR PRODUCTS INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
S. 7506--B 195 A. 9506--B
TINE TO ANY PERSON IN THIS STATE, OTHER THAN IN THE VAPOR PRODUCTS
MANUFACTURER'S ORIGINAL CONTAINER OR WRAPPING, THE CONTAINER OR WRAPPING
MUST BE PLAINLY AND VISIBLY MARKED WITH THE WORDS "VAPOR PRODUCTS".
4. Whenever a police officer designated in section 1.20 of the crimi-
nal procedure law or a peace officer designated in subdivision four of
section 2.10 of such law, acting pursuant to his or her special duties,
shall discover any cigarettes OR VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE which have
been or which are being shipped or transported in violation of this
section, such person is hereby empowered and authorized to seize and
take possession of such cigarettes OR VAPOR PRODUCTS INTENDED OR REASON-
ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, and
such cigarettes OR VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
USED WITH OR FOR THE CONSUMPTION OF NICOTINE shall be subject to a
forfeiture action pursuant to the procedures provided for in article
thirteen-A of the civil practice law and rules, as if such article
specifically provided for forfeiture of cigarettes OR VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE seized pursuant to this section as a pre-conviction forfei-
ture crime.
5. Any person who violates the provisions of subdivision one, ONE-A,
or two of this section shall be guilty of a class A misdemeanor and for
a second or subsequent violation shall be guilty of a class E felony. In
addition to the criminal penalty, any person who violates the provisions
of subdivision one, ONE-A, two or three of this section shall be subject
to a civil penalty not to exceed the greater of (a) five thousand
dollars for each such violation; [or] (b) one hundred dollars for each
pack of cigarettes shipped, caused to be shipped or transported in
violation of such subdivision; OR (C) ONE HUNDRED DOLLARS FOR EACH VAPOR
PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE SHIPPED, CAUSED TO BE SHIPPED OR TRANSPORTED IN
VIOLATION OF SUCH SUBDIVISION.
6. The attorney general may bring an action to recover the civil
penalties provided by subdivision five of this section and for such
other relief as may be deemed necessary. In addition, the corporation
counsel of any political subdivision that imposes a tax on cigarettes OR
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO USED WITH OR FOR THE
CONSUMPTION OF NICOTINE may bring an action to recover the civil penal-
ties provided by subdivision five of this section and for such other
relief as may be deemed necessary with respect to any cigarettes OR
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE shipped, caused to be shipped or transported
in violation of this section to any person located within such political
subdivision. All civil penalties obtained in any such action shall be
retained by the state or political subdivision bringing such action,
provided that no person shall be required to pay civil penalties to both
the state and a political subdivision with respect to the same violation
of this section.
§ 4. Section 1399-bb of the public health law, as amended by chapter
508 of the laws of 2000, the section heading as amended by chapter 4 of
the laws of 2018, subdivision 2 as amended by chapter 13 of the laws of
2003, and paragraphs (b), (c), and (f) of subdivision 2 and subdivisions
4 and 5 as amended by chapter 100 of the laws of 2019, is amended to
read as follows:
§ 1399-bb. Distribution of tobacco products, [electronic cigarettes]
VAPOR PRODUCTS, or herbal cigarettes without charge. 1. No [person]
S. 7506--B 196 A. 9506--B
RETAIL DEALER, OR ANY AGENT OR EMPLOYEE OF A RETAIL DEALER engaged in
the business of selling or otherwise distributing tobacco products,
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE, or herbal cigarettes for commercial
purposes, or any agent or employee of such [person] RETAIL DEALER, OR
ANY AGENT OR EMPLOYEE OF A RETAIL DEALER, shall knowingly, in further-
ance of such business:
(a) distribute without charge any tobacco products, VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE, or herbal cigarettes to any individual, provided that the
distribution of a package containing tobacco products, VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE, or herbal cigarettes in violation of this subdivision shall
constitute a single violation without regard to the number of items in
the package; or
(b) distribute [coupons] PRICE REDUCTION INSTRUMENTS which are redeem-
able for tobacco products, VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal
cigarettes 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,
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE, or herbal cigarettes or obtained at
locations which sell tobacco products, VAPOR PRODUCTS INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,
or herbal cigarettes provided that such distribution is confined to a
designated area or to coupons sent through the mail.
1-A. NO RETAIL DEALER ENGAGED IN THE BUSINESS OF SELLING OR OTHERWISE
DISTRIBUTING TOBACCO PRODUCTS, HERBAL CIGARETTES, OR VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE FOR COMMERCIAL PURPOSES, OR ANY AGENT OR EMPLOYEE OF SUCH
RETAIL DEALER, SHALL KNOWINGLY, IN FURTHERANCE OF SUCH BUSINESS:
(A) HONOR OR ACCEPT A PRICE REDUCTION INSTRUMENT IN ANY TRANSACTION
RELATED TO THE SALE OF TOBACCO PRODUCTS, HERBAL CIGARETTES, OR VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE TO A CONSUMER;
(B) SELL OR OFFER FOR SALE ANY TOBACCO PRODUCTS, HERBAL CIGARETTES, OR
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE TO A CONSUMER THROUGH ANY MULTI-PACKAGE
DISCOUNT OR OTHERWISE PROVIDE TO A CONSUMER ANY TOBACCO PRODUCTS, HERBAL
CIGARETTES, OR VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE FOR LESS THAN THE LISTED PRICE
OR NON-DISCOUNTED PRICE IN EXCHANGE FOR THE PURCHASE OF ANY OTHER TOBAC-
CO PRODUCTS, HERBAL CIGARETTES, OR VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE BY SUCH
CONSUMER;
(C) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE ANY PRODUCT OTHER THAN
A TOBACCO PRODUCT, HERBAL CIGARETTE, OR VAPOR PRODUCT INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE
TO A CONSUMER FOR LESS THAN THE LISTED PRICE OR NON-DISCOUNTED PRICE IN
EXCHANGE FOR THE PURCHASE OF A TOBACCO PRODUCT, HERBAL CIGARETTE, OR
VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE BY SUCH CONSUMER; OR
(D) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE A TOBACCO PRODUCT,
HERBAL CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE
S. 7506--B 197 A. 9506--B
USED WITH OR FOR THE CONSUMPTION OF NICOTINE TO A CONSUMER FOR LESS THAN
THE LISTED PRICE OR NON-DISCOUNTED PRICE.
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 twenty-one;
(c) events sponsored by tobacco, VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal
cigarette manufacturers provided that the distribution is confined to
designated areas generally accessible only to persons over the age of
twenty-one;
(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 twenty-one.
3. No [person] RETAIL DEALER shall distribute tobacco products, VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, or herbal cigarettes 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. No [person] RETAIL DEALER engaged in the business of selling or
otherwise distributing electronic cigarettes OR VAPOR PRODUCTS INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
TINE for commercial purposes, or any agent or employee of such person,
shall knowingly, in furtherance of such business, distribute without
charge any electronic cigarettes to any individual under twenty-one
years of age.
5. The distribution of tobacco products, ELECTRONIC CIGARETTES, VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, or herbal cigarettes pursuant to subdivision
two of this section or the distribution without charge of electronic
cigarettes, OR VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, shall be made only to an indi-
vidual who demonstrates, through (A) a driver's license or [other photo-
graphic] NON-DRIVER identification card issued by [a government entity
or educational institution] THE COMMISSIONER OF MOTOR VEHICLES, THE
FEDERAL 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, (B)
A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR THE GOVERN-
MENT OF ANY OTHER COUNTRY, OR (C) AN IDENTIFICATION CARD ISSUED BY THE
ARMED FORCES OF THE UNITED STATES, indicating that the individual is at
least twenty-one 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 consti-
tute a defense in any proceeding alleging the sale of a tobacco product,
electronic cigarette, VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO
BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette or
S. 7506--B 198 A. 9506--B
the distribution without charge of electronic cigarettes, OR VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE to an individual.
§ 5. The public health law is amended by adding a new article 17 to
read as follows:
ARTICLE 17
INGREDIENT DISCLOSURES FOR
VAPOR PRODUCTS AND E-CIGARETTES
SECTION 1700. DEFINITIONS.
1701. DISCLOSURE.
1702. PENALTIES.
§ 1700. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "VAPOR PRODUCTS" SHALL MEAN ANY VAPOR PRODUCT, AS DEFINED BY
SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER, INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
2. "ELECTRONIC CIGARETTE" OR "E-CIGARETTE" SHALL HAVE THE SAME MEANING
AS DEFINED BY SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
3. "INGREDIENT" SHALL MEAN ALL OF THE FOLLOWING:
(A) ANY INTENTIONAL ADDITIVE PRESENT IN ANY QUANTITY IN A VAPOR PROD-
UCT;
(B) A BYPRODUCT OR CONTAMINANT, PRESENT IN A VAPOR PRODUCT IN ANY
QUANTITY EQUAL TO OR GREATER THAN ONE-HALF OF ONE PERCENT OF THE CONTENT
OF SUCH PRODUCT BY WEIGHT, OR OTHER AMOUNT DETERMINED BY THE COMMISSION-
ER;
(C) A BYPRODUCT PRESENT IN A VAPOR PRODUCT IN ANY QUANTITY LESS THAN
ONE-HALF OF ONE PERCENT OF THE CONTENT OF SUCH PRODUCT BY WEIGHT,
PROVIDED SUCH ELEMENT OR COMPOUND HAS BEEN PUBLISHED AS A CHEMICAL OF
CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER; AND
(D) A CONTAMINANT PRESENT IN A VAPOR PRODUCT IN A QUANTITY DETERMINED
BY THE COMMISSIONER AND LESS THAN ONE-HALF OF ONE PERCENT OF THE CONTENT
OF SUCH PRODUCT BY WEIGHT, PROVIDED SUCH ELEMENT OR COMPOUND HAS BEEN
PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY
THE COMMISSIONER.
4. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A VAPOR PRODUCT AT ANY
POINT IN SUCH PRODUCT'S SUPPLY CHAIN, OR AT ANY POINT IN THE SUPPLY
CHAIN OF ANY RAW MATERIAL OR INGREDIENT USED TO MANUFACTURE SUCH PROD-
UCT.
5. "BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND IN THE FINISHED
VAPOR PRODUCT, OR IN THE VAPOR PRODUCED DURING CONSUMPTION OF A VAPOR
PRODUCT, WHICH: (A) WAS CREATED OR FORMED DURING THE MANUFACTURING
PROCESS AS AN INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF SUCH MANUFAC-
TURING PROCESS AT ANY POINT IN SUCH PRODUCT'S SUPPLY CHAIN, OR AT ANY
POINT IN THE SUPPLY CHAIN OF ANY RAW MATERIAL OR INGREDIENT USED TO
MANUFACTURE SUCH PRODUCT; OR (B) IS CREATED OR FORMED AS AN INTENTIONAL
OR UNINTENTIONAL CONSEQUENCE OF THE USE OF AN E-CIGARETTE OR CONSUMPTION
OF A VAPOR PRODUCT. "BYPRODUCT" SHALL INCLUDE, BUT IS NOT LIMITED TO,
AN UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF AN INTENTIONALLY ADDED
INGREDIENT, A BREAKDOWN PRODUCT OF ANY COMPONENT PART OF AN E-CIGARETTE,
OR A DERIVATIVE OF THE MANUFACTURING PROCESS.
6. "CONTAMINANT" SHALL MEAN ANY ELEMENT OR COMPOUND MADE PRESENT IN A
VAPOR PRODUCT AS AN UNINTENTIONAL CONSEQUENCE OF MANUFACTURING. CONTAM-
INANTS INCLUDE, BUT ARE NOT LIMITED TO, ELEMENTS OR COMPOUNDS PRESENT IN
THE ENVIRONMENT WHICH WERE INTRODUCED INTO A PRODUCT, A RAW MATERIAL, OR
A PRODUCT INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM,
S. 7506--B 199 A. 9506--B
SUCH AS NATURALLY OCCURRING WATER, OR OTHER MATERIALS USED IN THE MANU-
FACTURING PROCESS AT ANY POINT IN A PRODUCT'S SUPPLY CHAIN, OR AT ANY
POINT IN THE SUPPLY CHAIN OF ANY RAW MATERIAL OR INGREDIENT USED TO
MANUFACTURE SUCH PRODUCT.
7. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
SHIP, LIMITED LIABILITY COMPANY, OR CORPORATION WHICH PRODUCES,
PREPARES, FORMULATES, OR COMPOUNDS A VAPOR PRODUCT OR E-CIGARETTE, OR
WHOSE BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN THE CASE OF A VAPOR
PRODUCT OR E-CIGARETTE IMPORTED INTO THE UNITED STATES, "MANUFACTURER"
SHALL MEAN THE IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF SUCH PRODUCT IF
THE ENTITY THAT MANUFACTURES SUCH PRODUCT OR WHOSE BRAND NAME IS AFFIXED
TO SUCH PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
§ 1701. DISCLOSURE. 1. MANUFACTURERS OF VAPOR PRODUCTS OR E-CIGARETTES
DISTRIBUTED, SOLD, OR OFFERED FOR SALE IN THIS STATE, WHETHER AT RETAIL
OR WHOLESALE, SHALL FURNISH TO THE COMMISSIONER FOR PUBLIC RECORD AND
POST ON SUCH MANUFACTURER'S WEBSITE, IN A MANNER PRESCRIBED BY THE
COMMISSIONER THAT IS READILY ACCESSIBLE TO THE PUBLIC AND MACHINE READ-
ABLE, INFORMATION REGARDING SUCH PRODUCTS PURSUANT TO RULES OR REGU-
LATIONS WHICH SHALL BE PROMULGATED BY THE COMMISSIONER.
(A) FOR EACH VAPOR PRODUCT, THE INFORMATION POSTED PURSUANT TO THIS
SUBDIVISION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(I) A LIST NAMING EACH INGREDIENT OF SUCH VAPOR PRODUCT IN DESCENDING
ORDER OF PREDOMINANCE BY WEIGHT IN SUCH PRODUCT, EXCEPT THAT INGREDIENTS
PRESENT AT A WEIGHT BELOW ONE PERCENT MAY BE LISTED FOLLOWING OTHER
INGREDIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE BY WEIGHT;
(II) THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED BY
OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH OF SUCH
PRODUCT OR ITS INGREDIENTS;
(III) WHERE APPLICABLE, A STATEMENT DISCLOSING THAT AN INGREDIENT OF
SUCH PRODUCT IS PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS
IDENTIFIED BY THE COMMISSIONER; AND
(IV) FOR EACH INGREDIENT PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR
MORE LISTS IDENTIFIED BY THE COMMISSIONER, AN EVALUATION OF THE AVAIL-
ABILITY OF POTENTIAL ALTERNATIVES AND POTENTIAL HAZARDS POSED BY SUCH
ALTERNATIVES.
(B) FOR EACH E-CIGARETTE THE INFORMATION POSTED PURSUANT TO THIS
SUBDIVISION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(I) A LIST NAMING ANY TOXIC METAL, INCLUDING BUT NOT LIMITED TO LEAD,
MANGANESE, NICKEL, CHROMIUM, OR ZINC, AS A CONSTITUENT OF ANY HEATING
ELEMENT INCLUDED IN SUCH E-CIGARETTE;
(II) A LIST NAMING EACH BYPRODUCT THAT MAY BE INTRODUCED INTO VAPOR
PRODUCED DURING THE NORMAL USE OF SUCH E-CIGARETTE;
(III) THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED
BY OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH OF
SUCH PRODUCT OR SUCH INGREDIENTS;
(IV) WHERE APPLICABLE, A STATEMENT DISCLOSING THAT AN INGREDIENT IS
PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY
THE COMMISSIONER; AND
(V) FOR EACH CONSTITUENT OF ANY HEATING ELEMENT IDENTIFIED AS A TOXIC
METAL AND INGREDIENT PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE
LISTS IDENTIFIED BY THE COMMISSIONER, AN EVALUATION OF THE AVAILABILITY
OF POTENTIAL ALTERNATIVES AND POTENTIAL HAZARDS POSED BY SUCH ALTERNA-
TIVES.
2. MANUFACTURERS SHALL FURNISH THE INFORMATION REQUIRED TO BE POSTED
PURSUANT TO SUBDIVISION ONE OF THIS SECTION ON OR BEFORE JANUARY FIRST,
TWO THOUSAND TWENTY-ONE, AND EVERY TWO YEARS THEREAFTER. IN ADDITION,
S. 7506--B 200 A. 9506--B
SUCH MANUFACTURERS SHALL FURNISH SUCH INFORMATION PRIOR TO THE SALE OF
ANY NEW VAPOR PRODUCT OR E-CIGARETTE, WHEN THE FORMULATION OF A CURRENT-
LY DISCLOSED PRODUCT IS CHANGED SUCH THAT THE PREDOMINANCE OF THE INGRE-
DIENTS IN SUCH PRODUCT IS CHANGED, WHEN ANY LIST OF CHEMICALS OF CONCERN
IDENTIFIED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE IS CHANGED TO
INCLUDE AN INGREDIENT PRESENT IN A VAPOR PRODUCT OR E-CIGARETTE SUBJECT
TO THIS ARTICLE, OR AT SUCH OTHER TIMES AS MAY BE REQUIRED BY THE
COMMISSIONER.
3. THE INFORMATION REQUIRED TO BE POSTED PURSUANT TO SUBDIVISION ONE
OF THIS SECTION SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE COMMISSION-
ER AND MANUFACTURERS, IN ACCORDANCE WITH THIS SECTION, WITH THE EXCEP-
TION OF THOSE PORTIONS WHICH A MANUFACTURER DETERMINES, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER, ARE RELATED TO A PROPRIETARY PROCESS THE
DISCLOSURE OF WHICH WOULD COMPROMISE SUCH MANUFACTURER'S COMPETITIVE
POSITION. THE COMMISSIONER SHALL NOT APPROVE ANY EXCEPTIONS UNDER THIS
SUBDIVISION WITH RESPECT TO ANY INGREDIENT PUBLISHED AS A CHEMICAL OF
CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
§ 1702. PENALTIES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAP-
TER, ANY MANUFACTURER WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO
FAILS TO PERFORM ANY DUTY IMPOSED BY, THIS ARTICLE OR ANY RULE OR REGU-
LATION PROMULGATED THEREUNDER, SHALL BE LIABLE, IN THE CASE OF A FIRST
VIOLATION, FOR A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS. IN
THE CASE OF A SECOND OR ANY SUBSEQUENT VIOLATION, THE LIABILITY SHALL BE
FOR A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS FOR EACH SUCH
VIOLATION.
§ 6. Subdivision 2 and paragraphs (e) and (f) of subdivision 3 of
section 1399-ee of the public health law, as amended by chapter 162 of
the laws of 2002, are 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 FIVE HUNDRED dollars for a first violation, and a minimum of
[five hundred] ONE THOUSAND dollars, but not to exceed [one] TWO thou-
sand 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 dealer's registration. If the enforcement
officer determines after a hearing that a retail dealer was selling
tobacco 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.
(e) Suspension. If the department determines that a retail dealer has
accumulated three points or more, the department shall direct the
commissioner of taxation and finance to suspend such dealer's registra-
tion for [six months] ONE YEAR. The three points serving as the basis
for a suspension shall be erased upon the completion of the [six month]
ONE YEAR penalty.
(f) Surcharge. A TWO HUNDRED fifty dollar surcharge to be assessed for
every violation will be made available to enforcement officers and shall
be used solely for compliance checks to be conducted to determine
compliance with this section.
§ 7. Paragraph 1 of subdivision h of section 1607 of the tax law, as
amended by chapter 162 of the laws of 2002, is amended to read as
follows:
S. 7506--B 201 A. 9506--B
1. A license shall be suspended for a period of [six months] ONE YEAR
upon notification to the division by the commissioner of health of a
lottery sales agent's accumulation of three or more points pursuant to
subdivision three of section thirteen hundred ninety-nine-ee of the
public health law.
§ 8. 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 PRODUCT enforcement. The commissioner
shall develop, plan and implement a comprehensive program to reduce the
prevalence of tobacco use, AND VAPOR PRODUCT, INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, USE partic-
ularly among persons less than [eighteen] TWENTY-ONE years of age. This
program shall include, but not be limited to, support for enforcement of
THIS article [thirteen-F of this chapter].
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 AND VAPOR PRODUCTS DEALERS determined to
be unlicensed, if any; the number of complaints filed against licensed
tobacco retail outlets AND VAPOR PRODUCTS DEALERS; and the names of
tobacco retailers and vendors AND VAPOR PRODUCTS DEALERS who have paid
fines, or have been otherwise penalized, due to enforcement actions.
2. The commissioner shall distribute such monies as are made avail-
able for such purpose to enforcement officers and, in so doing, consider
the number of LICENSED VAPOR PRODUCTS DEALERS AND 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 AND VAPOR PRODUCT, INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
TINE, enforcement activities approved by the commissioner.
§ 9. Section 1399-jj of the public health law, as amended by chapter 1
of the laws of 1999, is amended to read as follows:
§ 1399-jj. Evaluation requirements. 1. The commissioner shall evaluate
the effectiveness of the efforts by state and local governments to
reduce the use of tobacco products AND VAPOR PRODUCTS, INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE,
among minors and adults. The principal measurements of effectiveness
shall include negative attitudes toward tobacco AND VAPOR PRODUCTS,
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE, use and reduction of tobacco AND VAPOR PRODUCTS, INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
TINE, use among the general population, and given target populations.
2. The commissioner shall ensure that, to the extent practicable, the
most current research findings regarding mechanisms to reduce and change
attitudes toward tobacco AND VAPOR PRODUCTS, INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, use are
used in tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE
USED WITH OR FOR THE CONSUMPTION OF NICOTINE, education programs admin-
istered by the department.
S. 7506--B 202 A. 9506--B
3. To diminish tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, use among
minors and adults, the commissioner shall ensure that, to the extent
practicable, the following is achieved:
The department shall conduct an independent evaluation of the state-
wide tobacco use prevention and control program under section thirteen
hundred ninety-nine-ii of this article. The purpose of this evaluation
is to direct the most efficient allocation of state resources devoted to
tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, education and cessation to
accomplish the maximum prevention and reduction of tobacco AND VAPOR
PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, use among minors and adults. Such evaluation
shall be provided to the governor, the majority leader of the senate and
the speaker of the assembly on or before September first, two thousand
one, and annually on or before such date thereafter. The comprehensive
evaluation design shall be guided by the following:
(a) sound evaluation principles including, to the extent feasible,
elements of controlled experimental methods;
(b) an evaluation of the comparative effectiveness of individual
program designs which shall be used in funding decisions and program
modifications; and
(c) an evaluation of other programs identified by state agencies,
local lead agencies, and federal agencies.
§ 10. Section 1399-kk of the public health law, as added by chapter
433 of the laws of 1997, is amended to read as follows:
§ 1399-kk. Annual tobacco AND VAPOR PRODUCT enforcement reporting.
The commissioner shall submit to the governor and the legislature an
interim tobacco control report and annual tobacco control reports which
shall describe the extent of the use of tobacco products AND VAPOR
PRODUCTS, INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, by [minors] THOSE UNDER TWENTY-ONE YEARS OF AGE
in the state and document the progress state and local governments have
made in reducing such use among [minors] THOSE UNDER TWENTY-ONE YEARS OF
AGE.
1. The interim tobacco control report. The commissioner shall submit
to the governor and the legislature an interim tobacco control report on
or before September first, nineteen hundred ninety-eight. Such interim
report shall, to the extent practicable, include the following informa-
tion on a county by county basis:
(a) number of licensed and registered tobacco retailers and vendors;
(b) the names and addresses of retailers and vendors who have paid
fines, or have been otherwise penalized, due to enforcement actions;
(c) the number of complaints filed against licensed and registered
tobacco retailers;
(d) the number of fires caused or believed to be caused by tobacco
products and deaths and injuries resulting therefrom;
(e) the number and type of compliance checks conducted; and
(f) such other information as the commissioner deems appropriate.
2. The commissioner shall submit to the governor and the legislature
an annual tobacco AND VAPOR PRODUCTS, INTENDED OR REASONABLY EXPECTED TO
BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, control report which
shall describe the extent of the use of tobacco products AND VAPOR
PRODUCTS, INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, by [minors] THOSE UNDER TWENTY-ONE YEARS OF AGE
in the state and document the progress state and local governments have
S. 7506--B 203 A. 9506--B
made in reducing such use among [minors] THOSE UNDER TWENTY-ONE YEARS OF
AGE. The annual report shall be submitted to the governor and the
legislature on or before March thirty-first of each year beginning on
March thirty-first, nineteen hundred ninety-nine. The annual report
shall, to the extent practicable, include the following information on a
county by county basis:
(a) number of licensed and registered tobacco retailers and vendors
AND LICENSED VAPOR PRODUCTS DEALERS;
(b) the names and addresses of retailers and vendors who have paid
fines, or have been otherwise penalized, due to enforcement actions;
(c) the number of complaints filed against licensed and registered
tobacco retailers AND LICENSED VAPOR PRODUCTS DEALERS;
(d) the number of fires caused or believed to be caused by tobacco
products AND VAPOR PRODUCTS, INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, and deaths and injuries result-
ing therefrom;
(e) the number and type of compliance checks conducted;
(f) a survey of attitudes and behaviors regarding tobacco use among
[minors] THOSE UNDER TWENTY-ONE YEARS OF AGE. The initial such survey
shall be deemed to constitute the baseline survey;
(g) the number of tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, users and
estimated trends in tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, use among
[minors] THOSE UNDER TWENTY-ONE YEARS OF AGE;
(h) annual tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, sales;
(i) tax revenue collected from the sale of tobacco products AND VAPOR
PRODUCTS, INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE;
(j) the number of licensed tobacco retail outlets AND LICENSED VAPOR
PRODUCTS DEALERS;
(k) the number of cigarette vending machines;
(l) the number and type of compliance checks;
(m) the names of entities that have paid fines due to enforcement
actions; and
(n) the number of complaints filed against licensed tobacco retail
outlets AND LICENSED VAPOR PRODUCTS DEALERS.
The annual tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, control report
shall, to the extent practicable, include the following information: (a)
tobacco AND VAPOR PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, control efforts sponsored by
state government agencies including money spent to educate [minors]
THOSE UNDER TWENTY-ONE YEARS OF AGE on the hazards of tobacco AND VAPOR
PRODUCT, INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, use;
(b) recommendations for improving tobacco AND VAPOR PRODUCT, INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
TINE, control efforts in the state; and
(c) such other information as the commissioner deems appropriate.
§ 11. The public health law is amended by adding a new section
1399-ii-1 to read as follows:
§ 1399-II-1. ELECTRONIC CIGARETTE AND VAPING PREVENTION, AWARENESS AND
CONTROL PROGRAM. THE COMMISSIONER SHALL, IN CONSULTATION AND COLLAB-
ORATION WITH THE COMMISSIONER OF EDUCATION, ESTABLISH AND DEVELOP AN
S. 7506--B 204 A. 9506--B
ELECTRONIC CIGARETTE AND VAPING PREVENTION, CONTROL AND AWARENESS
PROGRAM WITHIN THE DEPARTMENT. SUCH PROGRAM SHALL BE DESIGNED TO EDUCATE
STUDENTS, PARENTS AND SCHOOL PERSONNEL ABOUT THE HEALTH RISKS ASSOCIATED
WITH VAPOR PRODUCT USE AND CONTROL MEASURES TO REDUCE THE PREVALENCE OF
VAPING, PARTICULARLY AMONG PERSONS LESS THAN TWENTY-ONE YEARS OF AGE.
SUCH PROGRAM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE CREATION OF AGE-
APPROPRIATE INSTRUCTIONAL TOOLS AND MATERIALS THAT MAY BE USED BY ALL
SCHOOLS, AND MARKETING AND ADVERTISING MATERIALS TO DISCOURAGE ELECTRON-
IC CIGARETTE USE.
§ 12. Section 1399-ii of the public health law, as amended by chapter
256 of the laws of 2019, is amended to read as follows:
§ 1399-ii. Tobacco AND VAPOR PRODUCT use prevention and control
program. 1. To improve the health, quality of life, and economic well-
being of all New York state citizens, there is hereby established within
the department a comprehensive statewide tobacco AND VAPOR PRODUCT use
prevention and control program.
2. The department shall support tobacco AND VAPOR PRODUCT use
prevention and control activities including, but not limited to:
(a) Community programs to prevent and reduce tobacco use through local
involvement and partnerships;
(b) School-based programs to prevent and reduce tobacco use and use of
[electronic cigarettes] VAPOR PRODUCTS;
(c) Marketing and advertising to discourage tobacco, VAPOR PRODUCT and
liquid nicotine use;
(d) [Tobacco] NICOTINE cessation programs for youth and adults;
(e) Special projects to reduce the disparities in smoking prevalence
among various populations;
(f) Restriction of youth access to tobacco products[, electronic ciga-
rettes] and [liquid nicotine] VAPOR PRODUCTS;
(g) Surveillance of smoking AND VAPING rates; and
(h) Any other activities determined by the commissioner to be neces-
sary to implement the provisions of this section.
Such programs shall be selected by the commissioner through an appli-
cation process which takes into account whether a program utilizes meth-
ods recognized as effective in reducing [smoking and tobacco] NICOTINE
use. Eligible applicants may include, but not be limited to, a health
care provider, schools, a college or university, a local public health
department, a public health organization, a health care provider organ-
ization, association or society, municipal corporation, or a profes-
sional education organization.
3. (a) There shall be established a tobacco use prevention and control
advisory board to advise the commissioner on tobacco use prevention and
control issues and [electronic cigarette and liquid nicotine] VAPOR
PRODUCT use amongst [minors] PERSONS LESS THAN TWENTY-ONE YEARS OF AGE,
including methods to prevent and reduce tobacco use in the state.
(b) The board shall consist of seventeen members who shall be
appointed as follows: nine members by the governor; three members by the
speaker of the assembly; three members by the temporary president of the
senate and one member each by the minority leader of the senate and
minority leader of the assembly. Any vacancy or subsequent appointment
shall be filled in the same manner and by the same appointing authority
as the original appointment. The chairperson of the board shall be
designated by the governor from among the members of the board.
(c) The members shall serve for terms of two years commencing on the
effective date of this section. Members of the board shall receive no
S. 7506--B 205 A. 9506--B
compensation but shall be reimbursed for reasonable travel and other
expenses incurred in the performance of their duties hereunder.
(d) The board shall meet as often as it deems necessary, but no less
than four times a year. No nominee to the board shall have any past or
current affiliation with the tobacco industry, VAPOR PRODUCTS INDUSTRY
or any industry, contractor, agent, or organization that engages in the
manufacturing, marketing, distributing, or sale of tobacco products. The
board shall be appointed in full within ninety days of the effective
date of this section.
(e) The department shall prepare and submit to the board a spending
plan for the tobacco AND VAPOR PRODUCT use prevention and control
program authorized pursuant to the provisions of subdivision one of this
section no later than thirty days after the submission of the budget to
the legislature.
§ 13. The public health law is amended by adding a new section
1399-dd-1 to read as follows:
§ 1399-DD-1. PUBLIC DISPLAY OF TOBACCO PRODUCT AND ELECTRONIC CIGA-
RETTE ADVERTISEMENTS AND SMOKING PARAPHERNALIA PROHIBITED. 1. FOR
PURPOSES OF THIS SECTION:
(A) "ADVERTISEMENT" MEANS WORDS, PICTURES, PHOTOGRAPHS, SYMBOLS,
GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THEREOF, WHICH
BEAR A HEALTH WARNING REQUIRED BY FEDERAL STATUTE, THE PURPOSE OR EFFECT
OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO PRODUCT, ELECTRONIC CIGA-
RETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE, A TRADEMARK OF A TOBACCO PRODUCT,
ELECTRONIC CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE OR A TRADE NAME ASSO-
CIATED EXCLUSIVELY WITH A TOBACCO PRODUCT, ELECTRONIC CIGARETTE, OR
VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE OR TO PROMOTE THE USE OR SALE OF A TOBACCO PROD-
UCT, ELECTRONIC CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
(B) "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
ING PAPERS, ELECTRONIC CIGARETTE, VAPORIZER OR ANY OTHER DEVICE, EQUIP-
MENT OR APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
(C) "VAPOR PRODUCT" MEANS ANY VAPOR PRODUCT, AS DEFINED BY SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE, INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
(D) "TOBACCO PRODUCTS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
FIVE OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTICLE.
(E) "ELECTRONIC CIGARETTE" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THIS ARTI-
CLE.
2. (A) NO PERSON, CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED
PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ENTITY MAY PLACE, CAUSE
TO BE PLACED, MAINTAIN OR TO CAUSE TO BE MAINTAINED, SMOKING PARAPHER-
NALIA OR TOBACCO PRODUCT, ELECTRONIC CIGARETTE, OR VAPOR PRODUCT
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE ADVERTISEMENTS IN A STORE FRONT OR EXTERIOR WINDOW OR ANY
DOOR WHICH IS USED FOR ENTRY OR EGRESS BY THE PUBLIC TO THE BUILDING OR
STRUCTURE CONTAINING A PLACE OF BUSINESS WITHIN ONE THOUSAND FIVE
HUNDRED FEET OF A SCHOOL, PROVIDED THAT WITHIN NEW YORK CITY SUCH PROHI-
BITIONS SHALL ONLY APPLY WITHIN FIVE HUNDRED FEET OF A SCHOOL.
(B) ANY PERSON, CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED
PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ENTITY IN VIOLATION OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE
S. 7506--B 206 A. 9506--B
HUNDRED DOLLARS FOR A FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND
DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
§ 14. The general business law is amended by adding a new section
396-aaa to read as follows:
§ 396-AAA. PUBLIC DISPLAY OF TOBACCO AND ELECTRONIC CIGARETTE ADVER-
TISEMENTS AND SMOKING PARAPHERNALIA PROHIBITED. 1. FOR PURPOSES OF THIS
SECTION:
(A) "ADVERTISEMENT" MEANS WORDS, PICTURES, PHOTOGRAPHS, SYMBOLS,
GRAPHICS OR VISUAL IMAGES OF ANY KIND, OR ANY COMBINATION THEREOF, WHICH
BEAR A HEALTH WARNING REQUIRED BY FEDERAL STATUTE, THE PURPOSE OR EFFECT
OF WHICH IS TO IDENTIFY A BRAND OF A TOBACCO PRODUCT, ELECTRONIC CIGA-
RETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE, A TRADEMARK OF A TOBACCO PRODUCT,
ELECTRONIC CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE OR A TRADE NAME ASSO-
CIATED EXCLUSIVELY WITH A TOBACCO PRODUCT, ELECTRONIC CIGARETTE, OR
VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, OR TO PROMOTE THE USE OR SALE OF A TOBACCO
PRODUCT, ELECTRONIC CIGARETTE, OR VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
(B) "SMOKING PARAPHERNALIA" MEANS ANY PIPE, WATER PIPE, HOOKAH, ROLL-
ING PAPERS, ELECTRONIC CIGARETTE, VAPORIZER OR ANY OTHER DEVICE, EQUIP-
MENT OR APPARATUS DESIGNED FOR THE INHALATION OF TOBACCO OR NICOTINE.
(C) "VAPOR PRODUCT" MEANS ANY VAPOR PRODUCT, AS DEFINED BY SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW, INTENDED OR
REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE.
(D) "TOBACCO PRODUCTS" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION
FIVE OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH
LAW.
(E) "ELECTRONIC CIGARETTE" SHALL HAVE THE SAME MEANING AS IN SUBDIVI-
SION THIRTEEN OF SECTION THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC
HEALTH LAW.
2. (A) NO PERSON, CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED
PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ENTITY MAY PLACE, CAUSE
TO BE PLACED, MAINTAIN OR TO CAUSE TO BE MAINTAINED, SMOKING PARAPHER-
NALIA OR TOBACCO PRODUCT, ELECTRONIC CIGARETTE, OR VAPOR PRODUCT
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE, ADVERTISEMENTS IN A STORE FRONT OR ANY EXTERIOR WINDOW OR
ANY DOOR WHICH IS USED FOR ENTRY OR EGRESS BY THE PUBLIC TO THE BUILDING
OR STRUCTURE CONTAINING A PLACE OF BUSINESS WITHIN ONE THOUSAND FIVE
HUNDRED FEET OF A SCHOOL, PROVIDED THAT WITHIN NEW YORK CITY SUCH PROHI-
BITIONS SHALL ONLY APPLY WITHIN FIVE HUNDRED FEET OF A SCHOOL.
(B) ANY PERSON, CORPORATION, PARTNERSHIP, SOLE PROPRIETOR, LIMITED
PARTNERSHIP, ASSOCIATION OR ANY OTHER BUSINESS ENTITY IN VIOLATION OF
THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE
HUNDRED DOLLARS FOR A FIRST VIOLATION AND NOT MORE THAN ONE THOUSAND
DOLLARS FOR A SECOND OR SUBSEQUENT VIOLATION.
§ 15. If any clause, sentence, paragraph, subdivision, or section of
this part 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, or section thereof directly involved
in the controversy in which such judgment shall have been rendered. It
is hereby declared to be the intent of the legislature that this act
would have been enacted even if such invalid provisions had not been
included herein.
S. 7506--B 207 A. 9506--B
§ 16. This act shall take effect July 1, 2020; provided, however, that
section one of this act shall take effect on the forty-fifth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART FF
Section 1. Subdivision 1 of section 356 of the public health law, as
amended by chapter 163 of the laws of 1975, is amended to read as
follows:
1. The legislative body of each county having a population of less
than one hundred fifty thousand according to the nineteen hundred seven-
ty federal decennial census or the legislative body of any county whose
population shall be less than one hundred fifty thousand under any
future federal decennial census, except a county in which a county or
part-county health district has been established under this article or a
county having a county charter, optional or alternative form of govern-
ment, shall constitute the board of health of such county and shall have
all the powers and duties of a board of health of a county or part-coun-
ty health district including the power to appoint a full-time or part-
time county health director. The county health director may serve as
director of the [physically handicapped children's] CHILDREN AND YOUTH
WITH SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES program and may employ
such persons as shall be necessary to enable [him] THE COUNTY HEALTH
DIRECTOR to carry into effect the orders and regulations of the board of
health and the provisions of this chapter and of the sanitary code, and
fix their compensation within the limits of the appropriation therefor.
The members of a [legsiative] LEGISLATIVE body shall not receive addi-
tional compensation by reason of serving as members of a board of
health. The county health director, so appointed, shall have all the
powers and duties prescribed in section three hundred fifty-two of this
[article] TITLE.
§ 2. The section heading and subdivisions 1 and 2 of section 608 of
the public health law, as added by chapter 901 of the laws of 1986, are
amended to read as follows:
State aid; [physically handicapped children] CHILDREN AND YOUTH WITH
SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES. 1. Whenever the commission-
er of health of any county or part-county health district or, in a coun-
ty lacking a county or part-county health district, the medical director
of the [physically handicapped children's] CHILDREN AND YOUTH WITH
SPECIAL HEALTH CARE NEEDS SUPPORT SERVICES program, or the department of
health of the city of New York, issues an authorization for medical
service for a [physically handicapped] child WITH PHYSICAL DISABILITIES,
such county or the city of New York shall be granted state aid in an
amount of fifty per centum of the amount expended in accordance with the
rules and regulations established by the commissioner, except that such
state aid reimbursement may be withheld if, on post-audit and review,
the commissioner finds that the medical service rendered and furnished
was not in conformance with a plan submitted by the municipality and
with the rules and regulations established by the commissioner or that
the recipient of the medical service was not a [physically handicapped]
child WITH A PHYSICAL DISABILITY as defined in section two thousand five
hundred eighty-one of this chapter.
S. 7506--B 208 A. 9506--B
2. Whenever a court of any county issues an order for medical services
for any [physically handicapped] Indian child WITH A PHYSICAL
DISABILITY, residing on an Indian reservation, such county shall be
granted state aid in the amount of one hundred percent of the amount
expended in accordance with the standards established by the commission-
er. Such reimbursement shall be made from any funds appropriated to the
department for payment of state aid for [care of physically handicapped]
children WITH PHYSICAL DISABILITIES.
§ 3. Subdivision 10 of section 2511 of the public health law, as
amended by chapter 2 of the laws of 1998, is amended to read as follows:
10. Notwithstanding any other law or agreement to the contrary, and
except in the case of a child or children who also becomes eligible for
medical assistance, benefits under this title shall be considered
secondary to any other plan of insurance or benefit program, except the
[physically handicapped children's] CHILDREN AND YOUTH WITH SPECIAL
HEALTH CARE NEEDS SUPPORT SERVICES program and the early intervention
program, under which an eligible child may have coverage.
§ 4. This act shall take effect immediately.
PART GG
Section 1. Paragraph (e) of subdivision 7 of section 367-a of the
social services law, as amended by section 5-a of part T of chapter 57
of the laws of 2018, is amended to read as follows:
(e) During the period from April first, two thousand fifteen through
March thirty-first, two thousand [twenty] TWENTY-THREE, the commissioner
may, in lieu of a managed care provider OR PHARMACY BENEFIT MANAGER,
negotiate directly and enter into an [agreement] ARRANGEMENT with a
pharmaceutical manufacturer for the provision of supplemental rebates
relating to pharmaceutical utilization by enrollees of managed care
providers pursuant to section three hundred sixty-four-j of this title
and may also negotiate directly and enter into such an agreement relat-
ing to pharmaceutical utilization by medical assistance recipients not
so enrolled. Such [rebates] REBATE ARRANGEMENTS shall be limited to
[drug utilization in] the following [classes]: antiretrovirals approved
by the FDA for the treatment of HIV/AIDS [and], OPIOID DEPENDENCE AGENTS
AND OPIOID ANTAGONISTS LISTED IN A STATEWIDE FORMULARY ESTABLISHED
PURSUANT TO SUBPARAGRAPH (VII) OF THIS PARAGRAPH, hepatitis C agents,
HIGH COST DRUGS AS PROVIDED FOR IN SUBPARAGRAPH (VIII) OF THIS PARA-
GRAPH, GENE THERAPIES AS PROVIDED FOR IN SUBPARAGRAPH (IX) OF THIS PARA-
GRAPH, AND ANY OTHER CLASS OR DRUG DESIGNATED BY THE COMMISSIONER for
which the pharmaceutical manufacturer has in effect a rebate [agreement]
ARRANGEMENT with the federal secretary of health and human services
pursuant to 42 U.S.C. § 1396r-8, and for which the state has established
standard clinical criteria. No agreement entered into pursuant to this
paragraph shall have an initial term or be extended beyond the expira-
tion or repeal of this paragraph.
(i) The manufacturer shall not [pay supplemental rebates to] ENTER
INTO ANY REBATE ARRANGEMENTS WITH a managed care provider, or any of a
managed care provider's agents, including but not limited to any pharma-
cy benefit manager on the [two] GENE THERAPY, DRUG, OR DRUG classes [of
drugs] subject to this paragraph when the state [is collecting supple-
mental rebates] HAS A REBATE ARRANGEMENT IN PLACE and standard clinical
criteria are imposed on the managed care provider.
(ii) The commissioner shall establish adequate rates of reimbursement
which shall take into account both the impact of the commissioner nego-
S. 7506--B 209 A. 9506--B
tiating such [rebates] ARRANGEMENTS and any limitations imposed on the
managed care provider's ability to establish clinical criteria relating
to the utilization of such drugs. In developing the managed care provid-
er's reimbursement rate, the commissioner shall identify the amount of
reimbursement for such drugs as a separate and distinct component from
the reimbursement otherwise made for prescription drugs as prescribed by
this section.
(iii) The commissioner shall submit a report to the temporary presi-
dent of the senate and the speaker of the assembly annually by December
thirty-first. The report shall analyze the adequacy of rates to managed
care providers for drug expenditures related to the classes under this
paragraph.
(iv) Nothing in this paragraph shall be construed to require a pharma-
ceutical manufacturer to enter into a [supplemental rebate agreement
with the commissioner] REBATE ARRANGEMENT SATISFACTORY TO THE COMMIS-
SIONER relating to pharmaceutical utilization by enrollees of managed
care providers pursuant to section three hundred sixty-four-j of this
title or relating to pharmaceutical utilization by medical assistance
recipients not so enrolled.
(v) All clinical criteria, including requirements for prior approval,
and all utilization review determinations established by the state as
described in this paragraph for [either of] the [drug] GENE THERAPIES,
DRUGS, OR DRUG classes subject to this paragraph shall be developed
using evidence-based and peer-reviewed clinical review criteria in
accordance with article two-A of the public health law, as applicable.
(vi) All prior authorization and utilization review determinations
related to the coverage of any drug subject to this paragraph shall be
subject to article forty-nine of the public health law, section three
hundred sixty-four-j of this title, and article forty-nine of the insur-
ance law, as applicable. Nothing in this paragraph shall diminish any
rights relating to access, prior authorization, or appeal relating to
any drug class or drug afforded to a recipient under any other provision
of law.
(VII) THE DEPARTMENT SHALL PUBLISH A STATEWIDE FORMULARY OF OPIOID
DEPENDENCE AGENTS AND OPIOID ANTAGONISTS, WHICH SHALL INCLUDE AS
"PREFERRED DRUGS" ALL DRUGS IN SUCH CLASSES, WHICH SHALL INCLUDE ALL
SUBCLASSES OF A GIVEN DRUG THAT HAVE A DIFFERENT PHARMACOLOGICAL ROUTE
OF ADMINISTRATION, PROVIDED THAT:
(A) FOR ALL DRUGS THAT ARE INCLUDED AS OF THE DATE OF THE ENACTMENT OF
THIS SUBPARAGRAPH ON A FORMULARY OF A MANAGED CARE PROVIDER, AS DEFINED
IN SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR IN THE MEDICAID
FEE-FOR-SERVICE PREFERRED DRUG PROGRAM PURSUANT TO SECTION TWO HUNDRED
SEVENTY-TWO OF THE PUBLIC HEALTH LAW, THE COST TO THE DEPARTMENT FOR
SUCH DRUG IS EQUAL TO OR LESS THAN THE LOWEST COST PAID FOR THE DRUG BY
ANY MANAGED CARE PROVIDER OR BY THE MEDICAID FEE-FOR-SERVICE PROGRAM
AFTER THE APPLICATION OF ANY REBATES, AS OF THE DATE THAT THE DEPARTMENT
IMPLEMENTS THE STATEWIDE FORMULARY ESTABLISHED BY THIS SUBPARAGRAPH.
WHERE THERE IS A GENERIC VERSION OF THE DRUG APPROVED BY THE FOOD AND
DRUG ADMINISTRATION AS BIOEQUIVALENT TO A BRAND NAME DRUG PURSUANT TO 21
U.S.C. § 355(J)(8)(B), THE COST TO THE DEPARTMENT FOR THE BRAND AND
GENERIC VERSIONS SHALL BE EQUAL TO OR LESS THAN THE LOWER OF THE TWO
MAXIMUM COSTS DETERMINED PURSUANT TO THE PREVIOUS SENTENCE; AND
(B) FOR ALL DRUGS THAT ARE NOT INCLUDED AS OF THE DATE OF THE ENACT-
MENT OF THIS SUBPARAGRAPH ON A FORMULARY OF A MANAGED CARE PROVIDER, AS
DEFINED IN SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, OR IN THE
MEDICAID FEE-FOR-SERVICE PREFERRED DRUG PROGRAM PURSUANT TO SECTION TWO
S. 7506--B 210 A. 9506--B
HUNDRED SEVENTY-TWO OF THE PUBLIC HEALTH LAW, THE DEPARTMENT IS ABLE TO
OBTAIN THE DRUG AT A COST THAT IS EQUAL TO OR LESS THAN THE LOWEST COST
TO THE DEPARTMENT OF OTHER COMPARABLE DRUGS IN THE CLASS, AFTER THE
APPLICATION OF ANY REBATES. WHERE THERE IS A GENERIC VERSION OF THE DRUG
APPROVED BY THE FOOD AND DRUG ADMINISTRATION AS BIOEQUIVALENT TO A BRAND
NAME DRUG PURSUANT TO 21 U.S.C. § 355(J)(8)(B), THE COST TO THE DEPART-
MENT FOR THE BRAND AND GENERIC VERSIONS SHALL BE EQUAL TO OR LESS THAN
THE LOWER OF THE TWO MAXIMUM COSTS DETERMINED PURSUANT TO THE PREVIOUS
SENTENCE.
(VIII) THE COMMISSIONER MAY IDENTIFY AND REFER HIGH COST DRUGS, AS
DEFINED IN CLAUSE (D) OF THIS SUBPARAGRAPH, THAT ARE NOT INCLUDED AS OF
THE DATE OF THE ENACTMENT OF THIS SUBPARAGRAPH ON A FORMULARY OF A
MANAGED CARE PROVIDER OR COVERED BY THE MEDICAID FEE FOR SERVICE OF
PROGRAM TO THE DRUG UTILIZATION REVIEW BOARD ESTABLISHED BY SECTION
THREE HUNDRED SIXTY-NINE-BB OF THIS ARTICLE FOR A RECOMMENDATION AS TO
WHETHER A TARGET SUPPLEMENTAL MEDICAID REBATE SHOULD BE PAID BY THE
MANUFACTURER OF THE DRUG TO THE DEPARTMENT AND THE TARGET AMOUNT OF THE
REBATE.
(A) IF THE COMMISSIONER INTENDS TO REFER A HIGH COST DRUG TO THE DRUG
UTILIZATION REVIEW BOARD PURSUANT TO THIS SUBPARAGRAPH, THE COMMISSIONER
SHALL NOTIFY THE MANUFACTURER OF SUCH DRUG AND SHALL ATTEMPT TO REACH
AGREEMENT WITH THE MANUFACTURER ON A REBATE ARRANGEMENT SATISFACTORY TO
THE COMMISSIONER FOR THE DRUG PRIOR TO REFERRING THE DRUG TO THE DRUG
UTILIZATION REVIEW BOARD FOR REVIEW. SUCH ARRANGEMENT MAY BE BASED ON
EVIDENCE BASED RESEARCH, INCLUDING, BUT NOT LIMITED TO, SUCH RESEARCH
OPERATED OR CONDUCTED BY OR FOR OTHER STATE GOVERNMENTS, THE FEDERAL
GOVERNMENT, THE GOVERNMENTS OF OTHER NATIONS, AND THIRD PARTY PAYERS OR
MULTI-STATE COALITIONS, PROVIDED HOWEVER THAT THE DEPARTMENT SHALL
ACCOUNT FOR THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR
WHICH IT IS PRESCRIBED OR IN IMPROVING A PATIENT'S HEALTH, QUALITY OF
LIFE, OR OVERALL HEALTH OUTCOMES, AND THE LIKELIHOOD THAT USE OF THE
DRUG WILL REDUCE THE NEED FOR OTHER MEDICAL CARE, INCLUDING HOSPITALIZA-
TION.
(B) IN THE EVENT THAT THE COMMISSIONER AND THE MANUFACTURER HAVE
PREVIOUSLY AGREED TO A REBATE ARRANGEMENT FOR A DRUG PURSUANT TO THIS
PARAGRAPH, THE DRUG SHALL NOT BE REFERRED TO THE DRUG UTILIZATION REVIEW
BOARD FOR ANY FURTHER REBATE AGREEMENT FOR THE DURATION OF THE PREVIOUS
REBATE AGREEMENT, PROVIDED HOWEVER, THE COMMISSIONER MAY REFER A DRUG TO
THE DRUG UTILIZATION REVIEW BOARD IF THE COMMISSIONER DETERMINES THERE
ARE SIGNIFICANT AND SUBSTANTIATED UTILIZATION OR MARKET CHANGES, NEW
EVIDENCE-BASED RESEARCH, OR STATUTORY OR FEDERAL REGULATORY CHANGES THAT
WARRANT ADDITIONAL REBATES. IN SUCH CASES, THE DEPARTMENT SHALL NOTIFY
THE MANUFACTURER AND PROVIDE EVIDENCE OF THE CHANGES OR RESEARCH THAT
WOULD WARRANT ADDITIONAL REBATES, AND SHALL ATTEMPT TO REACH AGREEMENT
WITH THE MANUFACTURER ON A REBATE FOR THE DRUG PRIOR TO REFERRING THE
DRUG TO THE DRUG UTILIZATION REVIEW BOARD FOR REVIEW.
(C) IF THE COMMISSIONER IS UNSUCCESSFUL IN ENTERING INTO A REBATE
ARRANGEMENT WITH THE MANUFACTURER OF THE DRUG SATISFACTORY TO THE
DEPARTMENT, THE DRUG MANUFACTURER SHALL IN THAT EVENT BE REQUIRED TO
PROVIDE TO THE DEPARTMENT, ON A STANDARD REPORTING FORM DEVELOPED BY THE
DEPARTMENT, THE INFORMATION AS DESCRIBED IN SUBDIVISION SIX OF SECTION
TWO HUNDRED EIGHTY OF THE PUBLIC HEALTH LAW. ALL INFORMATION DISCLOSED
PURSUANT TO THIS CLAUSE SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT
BE DISCLOSED BY THE DEPARTMENT IN A FORM THAT IDENTIFIES A SPECIFIC
MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER.
S. 7506--B 211 A. 9506--B
(D) FOR THE PURPOSES OF THIS SUBPARAGRAPH, THE TERM "HIGH COST DRUG"
SHALL MEAN A BRAND NAME DRUG OR BIOLOGIC THAT HAS A LAUNCH WHOLESALE
ACQUISITION COST OF THIRTY THOUSAND DOLLARS OR MORE PER YEAR OR COURSE
OF TREATMENT, OR A BIOSIMILAR DRUG THAT HAS A LAUNCH WHOLESALE ACQUISI-
TION COST THAT IS NOT AT LEAST FIFTEEN PERCENT LOWER THAN THE REFERENCED
BRAND BIOLOGIC AT THE TIME THE BIOSIMILAR IS LAUNCHED, OR A GENERIC DRUG
THAT HAS A WHOLESALE ACQUISITION COST OF ONE HUNDRED DOLLARS OR MORE FOR
A THIRTY DAY SUPPLY OR RECOMMENDED DOSAGE APPROVED FOR LABELING BY THE
FEDERAL FOOD AND DRUG ADMINISTRATION, OR A BRAND NAME DRUG OR BIOLOGIC
THAT HAS A WHOLESALE ACQUISITION COST INCREASE OF THREE THOUSAND DOLLARS
OR MORE IN ANY TWELVE-MONTH PERIOD, OR COURSE OF TREATMENT IF LESS THAN
TWELVE MONTHS.
(IX) FOR PURPOSES OF THIS PARAGRAPH, A "GENE THERAPY" IS A DRUG (A)
APPROVED UNDER SECTION 505 OF THE FEDERAL FOOD, DRUG AND COSMETICS ACT
OR LICENSED UNDER SUBSECTION (A) OR (K) OF SECTION 351 OF THE PUBLIC
HEALTH SERVICES ACT; (B) THAT TREATS A RARE DISEASE OR CONDITION, AS
DEFINED IN 21 USC § 360BB(A)(2), THAT IS LIFE-THREATENING, AS DEFINED IN
42 CFR 321.18; (C) IS CONSIDERED A GENE THERAPY BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION FOR WHICH A BIOLOGICS LICENSE PURSUANT TO 21 CFR
600-680 IS HELD; (D) IF ADMINISTERED IN ACCORDANCE WITH THE LABELING OF
SUCH DRUG, IS EXPECTED TO RESULT IN EITHER THE CURE OF SUCH DISEASE OR
CONDITION OR A REDUCTION IN THE SYMPTOMS OF SUCH DISEASE OR CONDITION
THAT MATERIALLY IMPROVES THE PATIENT'S LENGTH OR QUALITY OF LIFE; AND
(E) IS EXPECTED TO ACHIEVE THE RESULT DESCRIBED IN CLAUSE (D) OF THIS
SUBPARAGRAPH AFTER NOT MORE THAN THREE ADMINISTRATIONS.
§ 2. Paragraph (a) of subdivision 3 of section 273 of the public
health law, as added by section 10 of part C of chapter 58 of the laws
of 2005, is amended and a new paragraph (a-1) is added to read as
follows:
(a) When a patient's health care provider prescribes a prescription
drug that is not on the preferred drug list OR THE STATEWIDE FORMULARY
OF OPIOID DEPENDENCE AGENTS AND OPIOID ANTAGONISTS ESTABLISHED PURSUANT
TO SUBPARAGRAPH (VII) OF PARAGRAPH (E) OF SUBDIVISION SEVEN OF SECTION
THREE HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW, the prescriber
shall consult with the program to confirm that in his or her reasonable
professional judgment, the patient's clinical condition is consistent
with the criteria for approval of the non-preferred drug. Such criteria
shall include:
(i) the preferred drug has been tried by the patient and has failed to
produce the desired health outcomes;
(ii) the patient has tried the preferred drug and has experienced
unacceptable side effects;
(iii) the patient has been stabilized on a non-preferred drug and
transition to the preferred drug would be medically contraindicated; or
(iv) other clinical indications identified by the [committee for the
patient's use of the non-preferred drug] DRUG UTILIZATION REVIEW BOARD
ESTABLISHED PURSUANT TO SECTION THREE HUNDRED SIXTY-NINE-BB OF THE
SOCIAL SERVICES LAW, which shall include consideration of the medical
needs of special populations, including children, elderly, chronically
ill, persons with mental health conditions, and persons affected by
HIV/AIDS, PREGNANT PERSONS, AND PERSONS WITH AN OPIOID USE DISORDER.
(A-1) WHEN A PATIENT'S HEALTH CARE PROVIDER PRESCRIBES A PRESCRIPTION
DRUG THAT IS ON THE STATEWIDE FORMULARY OF OPIOID DEPENDENCE AGENTS AND
OPIOID ANTAGONISTS ESTABLISHED PURSUANT TO SUBPARAGRAPH (VII) OF PARA-
GRAPH (E) OF SUBDIVISION SEVEN OF SECTION THREE HUNDRED SIXTY-SEVEN-A OF
THE SOCIAL SERVICES LAW, THE DEPARTMENT SHALL NOT REQUIRE PRIOR AUTHORI-
S. 7506--B 212 A. 9506--B
ZATION UNLESS REQUIRED BY THE DEPARTMENT'S DRUG USE REVIEW PROGRAM
ESTABLISHED PURSUANT TO SECTION 1927(G) OF THE SOCIAL SECURITY ACT.
§ 3. The opening paragraph of paragraph (a) of subdivision 6 of
section 280 of the public health law, as amended by section 8 of part D
of chapter 57 of the laws of 2018, is amended to read as follows:
If the drug utilization review board recommends a target rebate amount
OR IF THE COMMISSIONER IDENTIFIES A DRUG AS A HIGH COST DRUG PURSUANT TO
SUBPARAGRAPH (VII) OF PARAGRAPH (E) OF SUBDIVISION 7 OF SECTION THREE
HUNDRED SIXTY-SEVEN-A OF THE SOCIAL SERVICES LAW and the department is
unsuccessful in entering into a rebate [agreement] ARRANGEMENT with the
manufacturer of the drug satisfactory to the department, the drug
manufacturer shall in that event be required to provide to the depart-
ment, on a standard reporting form developed by the department, the
following information:
§ 4. Paragraph (a) of subdivision 7 of section 280 of the public
health law, as amended by section 8 of part B of chapter 57 of the laws
of 2019, is amended to read as follows:
(a) If, after taking into account all rebates and supplemental rebates
received by the department, including rebates received to date pursuant
to this section, total Medicaid drug expenditures are still projected to
exceed the annual growth limitation imposed by subdivision two of this
section, the commissioner may: subject any drug of a manufacturer
referred to the drug utilization review board under this section to
prior approval in accordance with existing processes and procedures when
such manufacturer has not entered into a supplemental rebate [agreement]
ARRANGEMENT as required by this section; DIRECT A MANAGED CARE PLAN TO
LIMIT OR REDUCE REIMBURSEMENT FOR A DRUG PROVIDED BY A MEDICAL PRACTI-
TIONER IF THE DRUG UTILIZATION REVIEW BOARD RECOMMENDS A TARGET REBATE
AMOUNT FOR SUCH DRUG AND THE MANUFACTURER HAS FAILED TO ENTER INTO A
REBATE ARRANGEMENT REQUIRED BY THIS SECTION; direct managed care plans
to remove from their Medicaid formularies [those] ANY drugs OF A
MANUFACTURER WHO HAS A DRUG that the drug utilization review board
recommends a target rebate amount for and the manufacturer has failed to
enter into a rebate [agreement] ARRANGEMENT required by this section;
promote the use of cost effective and clinically appropriate drugs other
than those of a manufacturer who has a drug that the drug utilization
review board recommends a target rebate amount and the manufacturer has
failed to enter into a rebate [agreement] ARRANGEMENT required by this
section; allow manufacturers to accelerate rebate payments under exist-
ing rebate contracts; and such other actions as authorized by law. The
commissioner shall provide written notice to the legislature thirty days
prior to taking action pursuant to this paragraph, unless action is
necessary in the fourth quarter of a fiscal year to prevent total Medi-
caid drug expenditures from exceeding the limitation imposed by subdivi-
sion two of this section, in which case such notice to the legislature
may be less than thirty days.
§ 5. Section 364-j of the social services law is amended by adding a
new subdivision 38 to read as follows:
38. (A) WHEN A PATIENT'S HEALTH CARE PROVIDER PRESCRIBES AN OPIOID
DEPENDENCE AGENT OR OPIOID ANTAGONIST THAT IS NOT ON THE STATEWIDE
FORMULARY OF OPIOID DEPENDENCE AGENTS AND OPIOID ANTAGONISTS, THE PRES-
CRIBER SHALL CONSULT WITH THE MANAGED CARE PLAN TO CONFIRM THAT IN HIS
OR HER REASONABLE PROFESSIONAL JUDGMENT, THE PATIENT'S CLINICAL CONDI-
TION IS CONSISTENT WITH THE CRITERIA FOR APPROVAL OF THE NON-PREFERRED
OR NON-FORMULARY DRUG. SUCH CRITERIA SHALL INCLUDE:
S. 7506--B 213 A. 9506--B
(I) THE PREFERRED DRUG HAS BEEN TRIED BY THE PATIENT AND HAS FAILED TO
PRODUCE THE DESIRED HEALTH OUTCOMES;
(II) THE PATIENT HAS TRIED THE PREFERRED DRUG AND HAS EXPERIENCED
UNACCEPTABLE SIDE EFFECTS;
(III) THE PATIENT HAS BEEN STABILIZED ON A NON-PREFERRED DRUG AND
TRANSITION TO THE PREFERRED OR FORMULARY DRUG WOULD BE MEDICALLY
CONTRAINDICATED; OR
(IV) OTHER CLINICAL INDICATIONS IDENTIFIED BY THE COMMITTEE FOR THE
PATIENT'S USE OF THE NON-PREFERRED DRUG, WHICH SHALL INCLUDE CONSIDER-
ATION OF THE MEDICAL NEEDS OF SPECIAL POPULATIONS, INCLUDING CHILDREN,
ELDERLY, CHRONICALLY ILL, PERSONS WITH MENTAL HEALTH CONDITIONS, PERSONS
AFFECTED BY HIV/AIDS AND PREGNANT PERSONS WITH A SUBSTANCE USE DISORDER.
(B) THE MANAGED CARE PLAN SHALL HAVE A PROCESS FOR A PATIENT, OR THE
PATIENT'S PRESCRIBING HEALTH CARE PROVIDER, TO REQUEST A REVIEW FOR A
PRESCRIPTION DRUG THAT IS NOT ON THE STATEWIDE FORMULARY OF OPIOID
DEPENDENCE AGENTS AND OPIOID ANTAGONISTS, CONSISTENT WITH 42 C.F.R.
438.210(D), OR ANY SUCCESSOR REGULATION.
(C) A MANAGED CARE PLAN'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF
THIS SUBDIVISION SHALL BE SUBJECT TO A ONE THOUSAND DOLLAR FINE PER
VIOLATION.
§ 6. Section 364-j of the social services law is amended by adding a
new subdivision 26-c to read as follows:
26-C. MANAGED CARE PROVIDERS SHALL NOT REQUIRE PRIOR AUTHORIZATION FOR
METHADONE, WHEN USED FOR OPIOID USE DISORDER AND ADMINISTERED OR
DISPENSED IN AN OPIOID TREATMENT PROGRAM.
§ 7. Subdivision 10 of section 273 of the public health law, as added
by section 5 of part B of chapter 69 of the laws of 2016, is amended to
read as follows:
10. Prior authorization shall not be required for an initial or
renewal prescription for buprenorphine or injectable naltrexone for
detoxification or maintenance treatment of opioid addiction unless the
prescription is for a non-preferred or non-formulary form of such drug
as otherwise required by section 1927(k)(6) of the Social Security Act.
FURTHER, PRIOR AUTHORIZATION SHALL NOT BE REQUIRED FOR METHADONE, WHEN
USED FOR OPIOID USE DISORDER AND ADMINISTERED OR DISPENSED IN AN OPIOID
TREATMENT PROGRAM.
§ 8. Subdivision 1 of section 60 of part B of chapter 57 of the laws
of 2015, amending the social services law and other laws relating to
supplemental rebates, as amended by section 5-b of part T of chapter 57
of the laws of 2018, is amended to read as follows:
1. section one of this act shall expire and be deemed repealed March
31, [2023] 2026;
§ 9. Subdivision (c) of section 62 of chapter 165 of the laws of 1991,
amending the public health law and other laws relating to establishing
payments for medical assistance, as amended by section 16 of part Z of
chapter 57 of the laws of 2018, is amended to read as follows:
(c) section 364-j of the social services law, as amended by section
eight of this act and subdivision 6 of section 367-a of the social
services law as added by section twelve of this act shall expire and be
deemed repealed on March 31, [2024] 2026 and provided further, that the
amendments to the provisions of section 364-j of the social services law
made by section eight of this act shall only apply to managed care
programs approved on or after the effective date of this act;
§ 10. Section 11 of chapter 710 of the laws of 1988, amending the
social services law and the education law relating to medical assistance
eligibility of certain persons and providing for managed medical care
S. 7506--B 214 A. 9506--B
demonstration programs, as amended by section 18 of part Z of chapter 57
of the laws of 2018, is amended to read as follows:
§ 11. This act shall take effect immediately; except that the
provisions of sections one, two, three, four, eight and ten of this act
shall take effect on the ninetieth day after it shall have become a law;
and except that the provisions of sections five, six and seven of this
act shall take effect January 1, 1989; and except that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date; provided, however, that the provisions of section 364-j
of the social services law, as added by section one of this act shall
expire and be deemed repealed on and after March 31, [2024] 2026, the
provisions of section 364-k of the social services law, as added by
section two of this act, except subdivision 10 of such section, shall
expire and be deemed repealed on and after January 1, 1994, and the
provisions of subdivision 10 of section 364-k of the social services
law, as added by section two of this act, shall expire and be deemed
repealed on January 1, 1995.
§ 11. This act shall take effect immediately, provided however, that:
a. the amendments to paragraph (e) of subdivision 7 of section 367-a
of the social services law made by section one of this act shall not
affect the repeal of such paragraph and shall be deemed expired there-
with;
b. the provisions of section two of this act shall expire March 31,
2026, when upon such date the provisions of such section shall be deemed
repealed;
c. the amendments to section 364-j of the social services law made by
sections five and six of this act shall not affect the repeal of such
section and shall be deemed repealed therewith;
d. the statewide formulary of opioid dependence agents and opioid
antagonists authorized by this act shall be implemented within six
months after it shall have become a law;
e. Provided further, however, that the director of the budget may, in
consultation with the commissioner of health, delay the effective
dates prescribed herein for a period of time which shall not exceed 90
days following the conclusion or termination of an executive order
issued pursuant to section 28 of the executive law declaring a state
disaster emergency for the entire state of New York, upon such delay the
director of the budget shall notify the chairs of the assembly ways and
means committee and senate finance committee and the chairs of the
assembly and senate health committee; provided further, however, that
the director of the budget shall notify the legislative bill drafting
commission upon the occurrence of a delay in the effective date of this
act 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.
PART HH
Section 1. Paragraphs (t), (v) and (w) of subdivision 2 of section
2999-cc of the public health law, paragraph (v) as added and paragraphs
(t) and (w) as amended by section 1 of subpart C of part S of chapter 57
of the laws of 2018, are amended and a new paragraph (x) is added to
read as follows:
S. 7506--B 215 A. 9506--B
(t) credentialed alcoholism and substance abuse counselors creden-
tialed by the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS or by a credentialing entity approved by
such office pursuant to section 19.07 of the mental hygiene law;
(v) clinics licensed or certified under article sixteen of the mental
hygiene law and certified and non-certified day and residential programs
funded or operated by the office for people with developmental disabili-
ties; [and]
(w) A CARE MANAGER EMPLOYED BY OR UNDER CONTRACT TO A HEALTH HOME
PROGRAM, PATIENT CENTERED MEDICAL HOME, OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES CARE COORDINATION ORGANIZATION (CCO), HOSPICE OR A
VOLUNTARY FOSTER CARE AGENCY CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES CERTIFIED AND LICENSED PURSUANT TO ARTICLE TWENTY-NINE-I
OF THIS CHAPTER; AND
(X) any other provider as determined by the commissioner pursuant to
regulation or, in consultation with the commissioner, by the commission-
er of the office of mental health, the commissioner of the office of
[alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS, or the commissioner of the office for people with develop-
mental disabilities pursuant to regulation.
§ 2. Subdivision 1 of section 2999-dd of the public health law, as
amended by section 4 of subpart C of part S of chapter 57 of the laws of
2018, is amended to read as follows:
1. Health care services delivered by means of telehealth shall be
entitled to reimbursement under section three hundred sixty-seven-u of
the social services law; PROVIDED HOWEVER, REIMBURSEMENT FOR ADDITIONAL
MODALITIES, PROVIDER CATEGORIES AND ORIGINATING SITES SPECIFIED IN
ACCORDANCE WITH SECTION TWENTY-NINE HUNDRED NINETY-NINE-EE OF THIS ARTI-
CLE SHALL BE CONTINGENT UPON FEDERAL FINANCIAL PARTICIPATION.
§ 3. The public health law is amended by adding a new section 2999-ee
to read as follows:
§ 2999-EE. INCREASED APPLICATION OF TELEHEALTH. IN ORDER TO INCREASE
THE APPLICATION OF TELEHEALTH IN BEHAVIORAL HEALTH, ORAL HEALTH, MATER-
NITY CARE, CARE MANAGEMENT, SERVICES PROVIDED IN EMERGENCY DEPARTMENTS,
AND SERVICES PROVIDED TO CERTAIN HIGH-NEED POPULATIONS TO THE EXTENT
SUCH SERVICES ARE DEEMED APPROPRIATE FOR THE POPULATIONS SERVED, AND
NOTWITHSTANDING THE DEFINITIONS SET FORTH IN SECTION TWENTY-NINE HUNDRED
NINETY-NINE-CC OF THIS ARTICLE, IN CONSULTATION WITH THE COMMISSIONER OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE COMMISSIONER OF THE
OFFICE OF MENTAL HEALTH, THE COMMISSIONER OF THE OFFICE OF ADDICTION
SERVICES AND SUPPORTS, OR THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, AS APPLICABLE, THE COMMISSIONER MAY SPECIFY
IN REGULATION ADDITIONAL ACCEPTABLE MODALITIES FOR THE DELIVERY OF
HEALTH CARE SERVICES VIA TELEHEALTH, INCLUDING BUT NOT LIMITED TO AUDI-
O-ONLY TELEPHONE COMMUNICATIONS, ONLINE PORTALS AND SURVEY APPLICATIONS,
AND MAY SPECIFY ADDITIONAL CATEGORIES OF ORIGINATING SITES AT WHICH A
PATIENT MAY BE LOCATED AT THE TIME HEALTH CARE SERVICES ARE DELIVERED TO
THE EXTENT SUCH ADDITIONAL MODALITIES AND ORIGINATING SITES ARE DEEMED
APPROPRIATE FOR THE POPULATIONS SERVED.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on or after April 1, 2020. Provided
further, however, that the director of the budget may, in consultation
with the commissioner of health, delay the effective dates prescribed
herein for a period of time which shall not exceed ninety days following
the conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
S. 7506--B 216 A. 9506--B
the entire state of New York, upon such delay the director of the budget
shall notify the chairs of the assembly ways and means committee and
senate finance committee and the chairs of the assembly and senate
health committee; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act 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.
PART II
Section 1. The commissioner of health is authorized to establish the
following pilot programs in one or more counties or regions of the state
for the purpose of promoting social determinant of health interventions:
up to three projects targeted at the provision of medically tailored
meals tailored to individuals diagnosed with cancer, diabetes, heart
failure and/or HIV/AIDS and who have had one or more hospitalizations
within a year; up to five medical respite programs to provide care to
homeless patients who are too sick to be on the streets or in a tradi-
tional shelter but not sick enough to warrant inpatient hospitalization;
and a street medicine program to allow diagnostic and treatment centers
licensed under article 28 of the public health law to bill for certain
services provided at offsite locations in order to serve the chronically
street homeless population. The requirements for which programs qualify
as "medically tailored meals," "medical respite," and "street medicine"
will be further defined in the course of each pilot program with a focus
on providing the most effective care to participants in the program.
§ 2. This act shall take effect September 1, 2020. Provided, however,
that the director of the budget may, in consultation with the commis-
sioner of health, delay the effective date prescribed herein for a peri-
od of time which shall not exceed ninety days following the conclusion
or termination of an executive order issued pursuant to section 28 of
the executive law declaring a state disaster emergency for the entire
state of New York and that upon such delay the director of the budget
shall notify the chairs of the assembly ways and means committee and the
senate finance committee and the chairs of the assembly and senate
health committees; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act 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.
PART JJ
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. DOL-Child performer protection account (20401).
2. Proprietary vocational school supervision account (20452).
3. Local government records management account (20501).
4. Child health plus program account (20810).
S. 7506--B 217 A. 9506--B
5. EPIC premium account (20818).
6. Education - New (20901).
7. VLT - Sound basic education fund (20904).
8. Sewage treatment program management and administration fund
(21000).
9. Hazardous bulk storage account (21061).
10. Utility environmental regulatory account (21064).
11. Federal grants indirect cost recovery account (21065).
12. Low level radioactive waste account (21066).
13. Recreation account (21067).
14. Public safety recovery account (21077).
15. Environmental regulatory account (21081).
16. Natural resource account (21082).
17. Mined land reclamation program account (21084).
18. Great lakes restoration initiative account (21087).
19. Environmental protection and oil spill compensation fund (21200).
20. Public transportation systems account (21401).
21. Metropolitan mass transportation (21402).
22. Operating permit program account (21451).
23. Mobile source account (21452).
24. Statewide planning and research cooperative system account
(21902).
25. New York state thruway authority account (21905).
26. Mental hygiene program fund account (21907).
27. Mental hygiene patient income account (21909).
28. Financial control board account (21911).
29. Regulation of racing account (21912).
30. State university dormitory income reimbursable account (21937).
31. Criminal justice improvement account (21945).
32. Environmental laboratory reference fee account (21959).
33. Training, management and evaluation account (21961).
34. Clinical laboratory reference system assessment account (21962).
35. Indirect cost recovery account (21978).
36. High school equivalency program account (21979).
37. Multi-agency training account (21989).
38. Bell jar collection account (22003).
39. Industry and utility service account (22004).
40. Real property disposition account (22006).
41. Parking account (22007).
42. Courts special grants (22008).
43. Asbestos safety training program account (22009).
44. Camp Smith billeting account (22017).
45. Batavia school for the blind account (22032).
46. Investment services account (22034).
47. Surplus property account (22036).
48. Financial oversight account (22039).
49. Regulation of Indian gaming account (22046).
50. Rome school for the deaf account (22053).
51. Seized assets account (22054).
52. Administrative adjudication account (22055).
53. Federal salary sharing account (22056).
54. New York City assessment account (22062).
55. Cultural education account (22063).
56. Local services account (22078).
57. DHCR mortgage servicing account (22085).
58. Housing indirect cost recovery account (22090).
S. 7506--B 218 A. 9506--B
59. DHCR-HCA application fee account (22100).
60. Low income housing monitoring account (22130).
61. Corporation administration account (22135).
62. New York State Home for Veterans in the Lower-Hudson Valley
account (22144).
63. Deferred compensation administration account (22151).
64. Rent revenue other New York City account (22156).
65. Rent revenue account (22158).
66. Tax revenue arrearage account (22168).
67. New York state medical indemnity fund account (22240).
68. State university general income offset account (22654).
69. Lake George park trust fund account (22751).
70. State police motor vehicle law enforcement account (22802).
71. Highway safety program account (23001).
72. DOH drinking water program account (23102).
73. NYCCC operating offset account (23151).
74. Commercial gaming revenue account (23701).
75. Commercial gaming regulation account (23702).
76. Highway use tax administration account (23801).
77. New York state secure choice administrative account (23806).
78. Fantasy sports administration account (24951).
79. Highway and bridge capital account (30051).
80. Aviation purpose account (30053).
81. State university residence hall rehabilitation fund (30100).
82. State parks infrastructure account (30351).
83. Clean water/clean air implementation fund (30500).
84. Hazardous waste remedial cleanup account (31506).
85. Youth facilities improvement account (31701).
86. Housing assistance fund (31800).
87. Housing program fund (31850).
88. Highway facility purpose account (31951).
89. Information technology capital financing account (32215).
90. New York racing account (32213).
91. Capital miscellaneous gifts account (32214).
92. New York environmental protection and spill remediation account
(32219).
93. Mental hygiene facilities capital improvement fund (32300).
94. Correctional facilities capital improvement fund (32350).
95. New York State Storm Recovery Capital Fund (33000).
96. OGS convention center account (50318).
97. Empire Plaza Gift Shop (50327).
98. Centralized services fund (55000).
99. Archives records management account (55052).
100. Federal single audit account (55053).
101. Civil service EHS occupational health program account (55056).
102. Banking services account (55057).
103. Cultural resources survey account (55058).
104. Neighborhood work project account (55059).
105. Automation & printing chargeback account (55060).
106. OFT NYT account (55061).
107. Data center account (55062).
108. Intrusion detection account (55066).
109. Domestic violence grant account (55067).
110. Centralized technology services account (55069).
111. Labor contact center account (55071).
112. Human services contact center account (55072).
S. 7506--B 219 A. 9506--B
113. Tax contact center account (55073).
114. Department of law civil recoveries account (55074).
115. Executive direction internal audit account (55251).
116. CIO Information technology centralized services account (55252).
117. Health insurance internal service account (55300).
118. Civil service employee benefits division administrative account
(55301).
119. Correctional industries revolving fund (55350).
120. Employees health insurance account (60201).
121. Medicaid management information system escrow fund (60900).
122. New York state cannabis revenue fund.
123. Behavioral health parity compliance fund.
§ 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund (25300).
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
§ 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2021, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $14,810,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
Education:
1. $2,523,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $978,000,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. $160,000,000 from the general fund to the New York state commercial
gaming fund, commercial gaming revenue account (23701), as reimbursement
for disbursements made from such fund for supplemental aid to education
S. 7506--B 220 A. 9506--B
pursuant to section 97-nnnn of the state finance law that are in excess
of the amounts deposited in such fund for purposes pursuant to section
1352 of the racing, pari-mutuel wagering and breeding law.
4. $5,000,000 from the interactive fantasy sports fund, fantasy sports
education account (24950), to the state lottery fund, education account
(20901), as reimbursement for disbursements made from such fund for
supplemental aid to education pursuant to section 92-c of the state
finance law.
5. An amount up to the unencumbered balance from the charitable gifts
trust fund, elementary and secondary education account (24901), to the
general fund, for payment of general support for public schools pursuant
to section 3609-a of the education law.
6. Moneys from the state lottery fund (20900) up to an amount deposit-
ed in such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
7. $300,000 from the New York state local government records manage-
ment improvement fund, local government records management account
(20501), to the New York state archives partnership trust fund, archives
partnership trust maintenance account (20351).
8. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
9. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
10. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
11. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
12. $47,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2020 through March 31,
2021.
13. $25,390,000 from the miscellaneous special revenue fund, office of
the professions account (22051), to the miscellaneous capital projects
fund, office of the professions electronic licensing account (32222).
14. $24,000,000 from any of the state education department's special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
15. $4,200,000 from any of the state education department's special
revenue or internal service funds to the capital projects fund (30000).
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
2. $5,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund (21150) or
Marine Resources Account (21151) as necessary to avoid diversion of
conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
S. 7506--B 221 A. 9506--B
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous capital
projects fund, I love NY water account (32212).
5. $28,000,000 from the general fund to the environmental protection
fund, environmental protection fund transfer account (30451).
6. $1,800,000 from the general fund to the hazardous waste remedial
fund, hazardous waste oversight and assistance account (31505).
7. An amount up to or equal to the cash balance within the special
revenue-other waste management & cleanup account (21053) to the capital
projects fund (30000) for services and capital expenses related to the
management and cleanup program as put forth in section 27-1915 of the
environmental conservation law.
8. $3,600,000 from the miscellaneous special revenue fund, public
service account (22011) to the miscellaneous special revenue fund, util-
ity environmental regulatory account (21064).
9. $4,000,000 from the general fund to the enterprise fund, state fair
account (50051).
Family Assistance:
1. $7,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
revenue fund, office of human resources development state match account
(21967).
2. $4,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $125,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance special revenue funds to the miscellaneous special revenue
fund, office of temporary and disability assistance program account
(21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $205,000,000 from the miscellaneous special revenue fund, youth
facility per diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $5,000,000 from the miscellaneous special revenue fund, state
central registry (22028), to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,000,000 from the general fund to the health insurance revolving
fund (55300).
S. 7506--B 222 A. 9506--B
3. $292,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
6. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
7. $19,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
8. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
9. $1,000,000 from the agencies enterprise fund, parking services
account (22007), to the general fund, for the purpose of reimbursing the
costs of debt service related to state parking facilities.
10. $9,628,000 from the general fund to the centralized services fund,
COPS account (55013).
11. $11,460,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
12. $10,000,000 from the general fund to the agencies internal service
fund, state data center account (55062).
13. $20,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the miscellaneous capital projects
fund, workers' compensation board IT business process design fund,
(32218).
14. $12,000,000 from the agencies enterprise fund, parking services
account (22007), to the centralized services, building support services
account (55018).
15. $30,000,000 from the general fund to the internal service fund,
business services center account (55022).
16. $8,000,000 from the general fund to the internal service fund,
building support services account (55018).
17. $1,500,000 from the agencies enterprise fund, special events
account (20120), to the general fund.
Health:
1. A transfer from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), up
to an amount equal to the monies collected and deposited into that
account in the previous fiscal year.
2. A transfer from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), up to an amount equal to the moneys collected and
deposited into that account in the previous fiscal year.
3. A transfer from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), up to an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
4. $33,134,000 from the HCRA resources fund (20800) to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
5. $6,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the miscellaneous capital projects fund,
healthcare IT capital subfund (32216).
S. 7506--B 223 A. 9506--B
6. $2,000,000 from the miscellaneous special revenue fund, vital
health records account (22103), to the miscellaneous capital projects
fund, healthcare IT capital subfund (32216).
7. $2,000,000 from the miscellaneous special revenue fund, profes-
sional medical conduct account (22088), to the miscellaneous capital
projects fund, healthcare IT capital subfund (32216).
8. $91,304,000 from the HCRA resources fund (20800) to the capital
projects fund (30000).
9. $6,550,000 from the general fund to the medical marihuana trust
fund, health operation and oversight account (23755).
10. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, certificate of need account (21920), to the gener-
al fund.
11. An amount up to the unencumbered balance from the charitable gifts
trust fund, health charitable account (24900), to the general fund, for
payment of general support for primary, preventive, and inpatient health
care, dental and vision care, hunger prevention and nutritional assist-
ance, and other services for New York state residents with the overall
goal of ensuring that New York state residents have access to quality
health care and other related services.
12. $3,000,000 from the miscellaneous special revenue fund, New York
State cannabis revenue fund, to the general fund.
13. An amount up to the unencumbered balance from the public health
emergency charitable gifts trust fund to the general fund, for payment
of goods and services necessary to respond to a public health disaster
emergency or to assist or aid in responding to such a disaster.
Labor:
1. $600,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $11,700,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
3. $5,000,000 from the miscellaneous special revenue fund, workers'
compensation account (21995), to the training and education program
occupation safety and health fund, OSHA-training and education account
(21251) and occupational health inspection account (21252).
Mental Hygiene:
1. $10,000,000 from the general fund, to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $3,800,000 from the general fund, to the agencies internal service
fund, civil service EHS occupational health program account (55056).
3. $3,000,000 from the chemical dependence service fund, substance
abuse services fund account (22700), to the mental hygiene capital
improvement fund (32305).
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $2,087,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $22,773,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $60,000,000 from any of the division of homeland security and emer-
gency services special revenue federal funds to the general fund.
S. 7506--B 224 A. 9506--B
5. $11,149,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
6. $115,420,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
7. $120,500,000 from the general fund to the correctional facilities
capital improvement fund (32350).
8. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
9. $10,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the capital projects
fund (30000).
10. $9,830,000 from the miscellaneous special revenue fund, legal
services assistance account (22096), to the general fund.
11. $1,000,000 from the general fund to the agencies internal service
fund, neighborhood work project account (55059).
12. $7,980,000 from the miscellaneous special revenue fund, finger-
print identification & technology account (21950), to the general fund.
13. $1,100,000 from the state police motor vehicle law enforcement and
motor vehicle theft and insurance fraud prevention fund, motor vehicle
theft and insurance fraud account (22801), to the general fund.
14. $25,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the general fund.
Transportation:
1. $31,000,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651) for disbursements related to
part NN of chapter 54 of the laws of 2016.
2. $20,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401), of which $12,000,000 constitutes the base need for
operations.
3. $727,500,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
4. $244,250,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
5. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the dedicated highway and bridge
trust fund (30050), for disbursements made from such fund for motor
carrier safety that are in excess of the amounts deposited in the dedi-
cated highway and bridge trust fund (30050) for such purpose pursuant to
section 94 of the transportation law.
6. $3,000,000 from the miscellaneous special revenue fund, traffic
adjudication account (22055), to the general fund.
7. $11,721,000 from the mass transportation operating assistance fund,
metropolitan mass transportation operating assistance account (21402),
to the capital projects fund (30000).
8. $5,000,000 from the miscellaneous special revenue fund, transporta-
tion regulation account (22067) to the general fund, for disbursements
made from such fund for motor carrier safety that are in excess of the
amounts deposited in the general fund for such purpose pursuant to
section 94 of the transportation law.
Miscellaneous:
S. 7506--B 225 A. 9506--B
1. $250,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances
or fund spending expected to be incurred to maintain essential govern-
mental operations which are in excess of available cash resulting from a
reduction of dedicated revenue sources that were waived or otherwise
impacted by reduced utilization directly or indirectly associated with
executive order and/or societal response to the novel coronavirus,
COVID-19.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
5. $100,000,000 from any special revenue federal fund to the general
fund, state purposes account (10050).
§ 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2021:
1. Upon request of the commissioner of environmental conservation, up
to $12,745,400 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $4,000,000 from
the environmental protection and oil spill compensation fund (21200),
and $1,834,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
laneous special revenue fund account, to any miscellaneous special
revenue fund.
6. Upon request of the commissioner of health up to $13,225,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
§ 4. On or before March 31, 2021, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
§ 5. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
S. 7506--B 226 A. 9506--B
sale of notes or bonds, the state university income fund general revenue
account (22653) for reimbursement of bondable equipment for further
transfer to the state's general fund.
§ 6. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2021, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
§ 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2021, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
§ 8. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2021.
§ 9. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $1,022,248,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2020 through June 30, 2021 to support operations at
the state university.
§ 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $20,000,000 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2020 to June 30, 2021 to support operations at the
state university in accordance with the maintenance of effort pursuant
to subparagraph (4) of paragraph h of subdivision 2 of section 355 of
the education law.
§ 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $55,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2021.
§ 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
S. 7506--B 227 A. 9506--B
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2021.
§ 13. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
the state university dormitory income fund (40350), in an amount not to
exceed $80 million from each fund.
§ 14. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $1 billion from the unencumbered balance of any special revenue
fund or account, agency fund or account, internal service fund or
account, enterprise fund or account, or any combination of such funds
and accounts, to the general fund. The amounts transferred pursuant to
this authorization shall be in addition to any other transfers expressly
authorized in the 2020-21 budget. Transfers from federal funds, debt
service funds, capital projects funds, the community projects fund, or
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207), the miscellaneous capital projects
fund, the federal capital projects account (31350), information technol-
ogy capital financing account (32215), or the centralized technology
services account (55069), for the purpose of consolidating technology
procurement and services. The amounts transferred to the miscellaneous
special revenue fund, technology financing account (22207) pursuant to
this authorization shall be equal to or less than the amount of such
monies intended to support information technology costs which are
attributable, according to a plan, to such account made in pursuance to
an appropriation by law. Transfers to the technology financing account
shall be completed from amounts collected by non-general funds or
S. 7506--B 228 A. 9506--B
accounts pursuant to a fund deposit schedule or permanent statute, and
shall be transferred to the technology financing account pursuant to a
schedule agreed upon by the affected agency commissioner. Transfers from
funds that would result in the loss of eligibility for federal benefits
or federal funds pursuant to federal law, rule, or regulation as assent-
ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of
1951 are not permitted pursuant to this authorization.
§ 16. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $400 million from any non-general fund or account, or combination
of funds and accounts, to the general fund for the purpose of consol-
idating technology procurement and services. The amounts transferred
pursuant to this authorization shall be equal to or less than the amount
of such monies intended to support information technology costs which
are attributable, according to a plan, to such account made in pursuance
to an appropriation by law. Transfers to the general fund shall be
completed from amounts collected by non-general funds or accounts pursu-
ant to a fund deposit schedule. Transfers from funds that would result
in the loss of eligibility for federal benefits or federal funds pursu-
ant to federal law, rule, or regulation as assented to in chapter 683 of
the laws of 1938 and chapter 700 of the laws of 1951 are not permitted
pursuant to this authorization.
§ 17. Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by its trustees, the power authority of the state
of New York is authorized and directed to transfer to the state treasury
to the credit of the general fund $20,000,000 for the state fiscal year
commencing April 1, 2020, the proceeds of which will be utilized to
support energy-related state activities.
§ 18. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to make the following contributions to the
state treasury to the credit of the general fund on or before March 31,
2021: (a) $913,000; and (b) $23,000,000 from proceeds collected by the
authority from the auction or sale of carbon dioxide emission allowances
allocated by the department of environmental conservation.
§ 19. Notwithstanding any provision of law, rule or regulation to the
contrary, the New York state energy research and development authority
is authorized and directed to transfer five million dollars to the cred-
it of the Environmental Protection Fund on or before March 31, 2021 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation.
§ 20. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 21 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[nineteen] TWENTY, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
S. 7506--B 229 A. 9506--B
[$2,185,995,000] $2,073,116,000, as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [nineteen] TWENTY.
§ 21. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to transfer, upon request of the director
of the budget, on or before March 31, 2021, the following amounts from
the following special revenue accounts to the capital projects fund
(30000), for the purposes of reimbursement to such fund for expenses
related to the maintenance and preservation of state assets:
1. $43,000 from the miscellaneous special revenue fund, administrative
program account (21982).
2. $1,478,000 from the miscellaneous special revenue fund, helen hayes
hospital account (22140).
3. $366,000 from the miscellaneous special revenue fund, New York city
veterans' home account (22141).
4. $513,000 from the miscellaneous special revenue fund, New York
state home for veterans' and their dependents at oxford account (22142).
5. $159,000 from the miscellaneous special revenue fund, western New
York veterans' home account (22143).
6. $323,000 from the miscellaneous special revenue fund, New York
state for veterans in the lower-hudson valley account (22144).
7. $2,550,000 from the miscellaneous special revenue fund, patron
services account (22163).
8. $7,300,000 from the miscellaneous special revenue fund, state
university general income reimbursable account (22653).
9. $132,000,000 from the miscellaneous special revenue fund, state
university revenue offset account (22655).
10. $48,000,000 from the state university dormitory income fund, state
university dormitory income fund (40350).
11. $1,000,000 from the miscellaneous special revenue fund, litigation
settlement and civil recovery account (22117).
§ 22. Intentionally omitted.
§ 23. Intentionally omitted.
§ 24. Section 23 of the state finance law is amended by adding a new
subdivision 7 to read as follows:
7. BUDGET BALANCE. (A) AS USED IN THIS SECTION, SUCH TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "ACTUAL STATE OPERATING FUNDS TAX RECEIPTS" SHALL MEAN THE STATE
OPERATING FUND TAX RECEIPTS, REPORTED BY THE STATE COMPTROLLER IN THE
MONTHLY REPORT TO THE LEGISLATURE ON THE STATE FUND CASH BASIS OF
ACCOUNTING, PREPARED IN ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION
NINE-A OF SECTION EIGHT OF THIS CHAPTER, IMMEDIATELY FOLLOWING THE
MEASUREMENT PERIOD;
(II) "ACTUAL STATE OPERATING FUNDS DISBURSEMENTS" SHALL MEAN THE STATE
OPERATING FUNDS DISBURSEMENTS, REPORTED BY THE STATE COMPTROLLER IN THE
MONTHLY REPORT TO THE LEGISLATURE ON THE STATE FUND CASH BASIS OF
ACCOUNTING, PREPARED IN ACCORDANCE WITH PARAGRAPH A OF SUBDIVISION
NINE-A OF SECTION EIGHT OF THIS CHAPTER, IMMEDIATELY FOLLOWING THE MEAS-
UREMENT PERIOD. SUCH DISBURSEMENTS SHALL BE ADJUSTED TO INCLUDE ANY
AMOUNTS WITHHELD PURSUANT TO THIS SECTION OR ANY OTHER PAYMENT REDUCTION
AUTHORIZED BY LAW, INCLUDING, BUT NOT LIMITED TO, PAYMENT REDUCTIONS
AUTHORIZED BY A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY MAKING APPRO-
PRIATIONS FOR AID-TO-LOCALITIES.
(III) "ESTIMATED STATE OPERATING FUNDS TAX RECEIPTS" SHALL MEAN THE
STATE OPERATING FUNDS TAX RECEIPTS ESTIMATED TO BE RECEIVED DURING THE
MEASUREMENT PERIOD BY THE DIVISION OF THE BUDGET IN THE FINANCIAL PLAN.
S. 7506--B 230 A. 9506--B
(IV) "ESTIMATED STATE OPERATING FUNDS DISBURSEMENTS" SHALL MEAN THE
STATE OPERATING FUNDS DISBURSEMENTS, ESTIMATED TO BE MADE DURING THE
MEASUREMENT PERIOD BY THE DIVISION OF THE BUDGET IN THE FINANCIAL PLAN.
(V) "FINANCIAL PLAN" SHALL MEAN A FINANCIAL PLAN PREPARED BY THE DIVI-
SION OF THE BUDGET PURSUANT TO SECTION TWENTY-TWO OF THIS ARTICLE AND
THIS SECTION AND USED FOR THE MEASUREMENT PERIOD.
(VI) "MEASUREMENT PERIOD" SHALL MEAN THE PERIOD IN WHICH THE DIFFER-
ENCE BETWEEN ACTUAL STATE OPERATING FUNDS TAX RECEIPTS AND ESTIMATED
STATE OPERATING FUNDS TAX RECEIPTS SHALL BE MEASURED FOR PURPOSES OF
THIS SECTION. THE FIRST MEASUREMENT PERIOD SHALL BEGIN ON APRIL FIRST,
TWO THOUSAND TWENTY AND END ON APRIL THIRTIETH, TWO THOUSAND TWENTY.
THE FINANCIAL PLAN ESTIMATES FOR THIS PERIOD SHALL BE THE EXECUTIVE
FINANCIAL PLAN AS UPDATED FOR GOVERNOR'S AMENDMENTS AND FORECAST
REVISIONS ISSUED IN FEBRUARY TWO THOUSAND TWENTY. THE SECOND MEASURE-
MENT PERIOD SHALL BEGIN ON MAY FIRST AND END ON JUNE THIRTIETH, TWO
THOUSAND TWENTY. THE THIRD MEASUREMENT PERIOD SHALL BEGIN ON JULY FIRST,
TWO THOUSAND TWENTY AND END ON DECEMBER THIRTY-FIRST, 2020. THE FINAN-
CIAL PLAN FOR THE SECOND AND THIRD MEASUREMENT PERIODS SHALL BE THE
ENACTED BUDGET FINANCIAL PLAN FOR THE TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE FISCAL YEAR ISSUED PURSUANT TO THIS SECTION.
(B) THE EXECUTIVE AND THE LEGISLATURE SHALL MAINTAIN A BUDGET THAT IS
IN BALANCE IN THE GENERAL FUND ON A CASH BASIS OF ACCOUNTING. FOR
PURPOSES OF THIS SECTION, THE BUDGET SHALL BE DEEMED UNBALANCED FOR THE
FISCAL YEAR IF, DURING ANY MEASUREMENT PERIOD, ACTUAL STATE OPERATING
FUNDS TAX RECEIPTS ARE LESS THAN NINETY-NINE PERCENT OF ESTIMATED STATE
OPERATING FUNDS TAX RECEIPTS, OR ACTUAL STATE OPERATING FUNDS DISBURSE-
MENTS ARE MORE THAN ONE HUNDRED AND ONE PERCENT OF ESTIMATED STATE OPER-
ATING FUNDS DISBURSEMENTS, OR BOTH.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IF, ON A
CASH BASIS OF ACCOUNTING, A GENERAL FUND IMBALANCE HAS OCCURRED DURING
ANY MEASUREMENT PERIOD, AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION,
THE DIRECTOR OF THE BUDGET IS HEREBY AUTHORIZED TO ADJUST OR REDUCE ANY
GENERAL FUND AND/OR STATE SPECIAL REVENUE FUND APPROPRIATION AND RELATED
CASH DISBURSEMENT BY ANY AMOUNT NEEDED TO MAINTAIN A BALANCED BUDGET FOR
THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE FISCAL YEAR. PROVIDED
HOWEVER THAT SUCH ADJUSTMENTS OR REDUCTIONS SHALL BE DONE UNIFORMLY
ACROSS-THE-BOARD TO THE EXTENT PRACTICABLE OR BY SPECIFIC APPROPRIATIONS
AS NEEDED. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, TO THE EXTENT
ANY INDIVIDUAL OR ENTITY IS ENTITLED TO ANY CASH DISBURSEMENT WHICH IS
REDUCED IN ACCORDANCE WITH THIS PROVISION, SUCH ENTITLEMENT SHALL BE
ADJUSTED OR REDUCED COMMENSURATE WITH ADJUSTMENTS OR REDUCTIONS MADE BY
THE DIRECTOR OF THE BUDGET IN ACCORDANCE WITH THIS SUBDIVISION.
(D) THE FOLLOWING TYPES OF APPROPRIATIONS SHALL BE EXEMPT FROM SUCH
REDUCTION PURSUANT TO THIS SUBDIVISION: (I) PUBLIC ASSISTANCE PAYMENTS
FOR FAMILIES AND INDIVIDUALS AND PAYMENTS FOR ELIGIBLE AGED, BLIND AND
DISABLED PERSONS RELATED TO SUPPLEMENTAL SOCIAL SECURITY; (II) ANY
REDUCTIONS THAT WOULD VIOLATE FEDERAL LAW; (III) PAYMENTS OF DEBT
SERVICE AND RELATED EXPENSES FOR WHICH THE STATE IS CONSTITUTIONALLY
OBLIGATED TO PAY DEBT SERVICE OR IS CONTRACTUALLY OBLIGATED TO PAY DEBT
SERVICE, SUBJECT TO AN APPROPRIATION, INCLUDING WHERE THE STATE HAS A
CONTINGENT CONTRACTUAL OBLIGATION; AND (IV) PAYMENTS THE STATE IS OBLI-
GATED TO MAKE PURSUANT TO COURT ORDERS OR JUDGMENTS.
(E) PRIOR TO ANY SUCH ADJUSTMENTS OR REDUCTIONS, THE DIRECTOR OF THE
BUDGET SHALL NOTIFY IN WRITING THE CHAIRS OF THE SENATE FINANCE COMMIT-
TEE AND ASSEMBLY WAYS AND MEANS COMMITTEE. THE LEGISLATURE SHALL THEN
HAVE TEN DAYS FOLLOWING THE RECEIPT OF SUCH WRITTEN NOTIFICATION TO
S. 7506--B 231 A. 9506--B
EITHER PREPARE ITS OWN PLAN, WHICH MAY BE ADOPTED BY CONCURRENT RESOL-
UTION PASSED BY BOTH HOUSES AND IMPLEMENTED BY THE DIVISION OF THE BUDG-
ET, OR IF AFTER TEN DAYS THE LEGISLATURE FAILS TO ADOPT ITS OWN PLAN,
THE REDUCTIONS TO THE GENERAL FUND AND STATE SPECIAL REVENUE FUND AID TO
LOCALITIES APPROPRIATIONS AND RELATED DISBURSEMENTS IDENTIFIED IN THE
DIVISION OF THE BUDGET PLAN WILL GO INTO EFFECT AUTOMATICALLY.
(F) ANY REDUCTIONS TO GENERAL FUND AND STATE SPECIAL REVENUE FUND AID
TO LOCALITIES APPROPRIATIONS AND RELATED CASH DISBURSEMENTS MADE PURSU-
ANT TO THIS SECTION MAY BE PAID IN FULL OR IN PART IF ONE OR BOTH OF THE
FOLLOWING EVENTS OCCUR: (I) ACTUAL STATE OPERATING FUNDS TAX RECEIPTS
THROUGH FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-ONE ARE NOT LESS
THAN NINETY-EIGHT PERCENT OF ESTIMATED STATE OPERATING FUNDS TAX
RECEIPTS THROUGH FEBRUARY TWENTY-EIGHTH, TWO THOUSAND TWENTY-ONE; OR
(II) THE FEDERAL GOVERNMENT PROVIDES AID THAT THE DIRECTOR OF THE BUDGET
DEEMS SUFFICIENT TO REDUCE OR ELIMINATE THE IMBALANCE IN THE GENERAL
FUND FOR THE TWO THOUSAND TWENTY--TWENTY-ONE FISCAL YEAR AND DOES NOT
ADVERSELY IMPACT THE BUDGET GAP IN THE TWO THOUSAND TWENTY-ONE--TWENTY-
TWO FISCAL YEAR. NO SUCH PAYMENTS SHALL BE MADE IN PART OR IN FULL
UNTIL THE DIRECTOR OF THE BUDGET CERTIFIES THAT: THE GENERAL FUND
HAS RESOURCES SUFFICIENT TO MAKE ALL PLANNED PAYMENTS ANTICIPATED IN THE
FINANCIAL PLAN INCLUDING TAX REFUNDS, WITHOUT THE ISSUANCE OF DEFICIT
BONDS OR NOTES OR EXTRAORDINARY CASH MANAGEMENT ACTIONS; THE BALANCES
IN THE TAX STABILIZATION RESERVE AND RAINY DAY RESERVE (TOGETHER, THE
"RAINY DAY RESERVES") HAVE BEEN RESTORED TO A LEVEL EQUAL TO THE LEVEL
AS OF THE START OF THE FISCAL YEAR; AND OTHER DESIGNATED BALANCES
HAVE BEEN MAINTAINED, AS PROVIDED BY LAW.
§ 25. Subdivision 6 of section 4 of the state finance law, as amended
by section 25 of part BBB of chapter 59 of the laws of 2018, is amended
to read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
budget shall, but not less than three days following preliminary
submission to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but not less than three days
following preliminary submission to the chairs of the senate finance
committee and the assembly ways and means committee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
The provisions of this subdivision shall expire on March thirty-first,
two thousand [twenty] TWENTY-TWO.
§ 26. Subdivision 4 of section 40 of the state finance law, as amended
by section 26 of part BBB of chapter 59 of the laws of 2018, is amended
to read as follows:
4. Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
S. 7506--B 232 A. 9506--B
nications expenses and expenses for other centralized services fund
programs without limit. Every appropriation shall also be available for
the payment of prior years' liabilities other than those indicated
above, but only to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
The provisions of this subdivision shall expire March thirty-first,
two thousand [twenty] TWENTY-TWO.
§ 26-a. Subdivision 5 of section 4 of the state finance law, as
amended by section 16 of part PP of chapter 56 of the laws of 2009, is
amended to read as follows:
5. No money or other financial resources shall be transferred or
temporarily loaned from one fund to another without specific statutory
authorization for such transfer or temporary loan, except that money or
other financial resources of a fund may be temporarily loaned to the
general fund during the state fiscal year provided that such loan shall
be repaid in full no later than [(a) four months after it was made or
(b) by] the end of the same fiscal year in which it was made, [whichever
period is shorter,] so that an accurate accounting and reporting of the
balance of financial resources in each fund may be made. The comptroller
is hereby authorized to temporarily loan money from the general fund or
any other fund to the fund/accounts that are authorized to receive a
loan. Such loans shall be limited to the amounts immediately required to
meet disbursements, made in pursuance of an appropriation by law and
authorized by a certificate of approval issued by the director of the
budget with copies thereof filed with the comptroller and the chair of
the senate finance committee and the chair of the assembly ways and
means committee. The director of the budget shall not issue such a
certificate unless he or she shall have determined that the amounts to
be so loaned are receivable on account. When making loans, the comp-
troller shall establish appropriate accounts and if the loan is not
repaid by the end of the month, provide on or before the fifteenth day
of the following month to the director of the budget, the chair of the
senate finance committee and the chair of the assembly ways and means
committee, an accurate accounting and report of the financial resources
of each such fund at the end of such month. Within ten days of the
receipt of such accounting and reporting, the director of the budget
shall provide the comptroller and the chair of the senate finance
committee and the chair of the assembly ways and means committee an
expected schedule of repayment by fund and by source for each outstand-
ing loan. Repayment shall be made by the comptroller from the first cash
receipt of this fund.
§ 27. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
S. 7506--B 233 A. 9506--B
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
§ 28. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 28 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed [eight billion four hundred
ninety-four million nine hundred seventy-nine thousand] EIGHT BILLION
EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-NINE THOUSAND dollars
[$8,494,979,000] $8,817,299,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than [eight
billion four hundred ninety-four million nine hundred seventy-nine thou-
sand] EIGHT BILLION EIGHT HUNDRED SEVENTEEN MILLION TWO HUNDRED NINETY-
NINE THOUSAND dollars [$8,494,979,000] $8,817,299,000, only if the pres-
ent value of the aggregate debt service of the refunding or repayment
bonds, notes or other obligations to be issued shall not exceed the
present value of the aggregate debt service of the bonds, notes or other
obligations so to be refunded or repaid. For the purposes hereof, the
present value of the aggregate debt service of the refunding or repay-
ment bonds, notes or other obligations and of the aggregate debt service
of the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
accrued interest or proceeds received by the corporation including esti-
mated accrued interest from the sale thereof.
S. 7506--B 234 A. 9506--B
§ 29. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 32 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed [two
hundred seventy-one million six hundred thousand] THREE HUNDRED TWENTY-
THREE MILLION ONE HUNDRED THOUSAND dollars [$271,600,000] $323,100,000,
excluding bonds issued to finance one or more debt service reserve
funds, to pay costs of issuance of such bonds, and bonds or notes issued
to refund or otherwise repay such bonds or notes previously issued, for
the purpose of financing capital projects including IT initiatives for
the division of state police, debt service and leases; and to reimburse
the state general fund for disbursements made therefor. Such bonds and
notes of such authorized issuer 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 the state to such authorized
issuer for debt service and related expenses pursuant to any service
contract executed pursuant to subdivision (b) of this section and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 30. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 35 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be [five billion six hundred thirty-eight million ten
thousand] SIX BILLION THREE HUNDRED SEVENTY-FOUR MILLION TEN THOUSAND
dollars [$5,638,010,000] $6,374,010,000, 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 the 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.
§ 31. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, relating to providing for the administration of certain
funds and accounts related to the 2002-2003 budget, as amended by
section 36 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
exceed [two hundred eighty-six million] THREE HUNDRED FOURTEEN MILLION
dollars [$286,000,000] $314,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
S. 7506--B 235 A. 9506--B
or notes previously issued, for the purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount not to
exceed [$952,800,000 nine hundred fifty-two million eight hundred thou-
sand] $1,115,800,000 ONE BILLION ONE HUNDRED FIFTEEN MILLION EIGHT
HUNDRED THOUSAND dollars, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds or notes
previously issued, for the purpose of financing improvements to State
office buildings and other facilities located statewide, including the
reimbursement of any disbursements made from the state capital projects
fund. 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 the state to
the corporation for debt service and related expenses pursuant to any
service contracts executed pursuant to subdivision (b) of this section,
and such bonds and notes shall contain on the face thereof a statement
to such effect.
§ 32. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 38 of part TTT of chapter 59 of
the laws of 2019, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [thirteen billion eight hundred forty-one million eight hundred
sixty-four thousand] FOURTEEN BILLION SEVEN HUNDRED FORTY-ONE MILLION
EIGHT HUNDRED SIXTY-FOUR THOUSAND dollars [$13,841,864,000]
$14,741,864,000; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
S. 7506--B 236 A. 9506--B
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
§ 33. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 39 of part TTT of chapter 59 of
the laws of 2019, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [eight billion six hundred seventy-
four million two hundred fifty-six thousand] NINE BILLION TWO HUNDRED
TWENTY-TWO MILLION SEVEN HUNDRED THIRTY-TWO THOUSAND dollars
[$8,674,256,000] $9,222,732,000. The legislature reserves the right to
amend or repeal such limit, and the state of New York, the dormitory
authority, the city university, and the fund are prohibited from coven-
anting or making any other agreements with or for the benefit of bond-
holders which might in any way affect such right.
§ 34. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 40 of part TTT of chapter 59 of the laws of 2019,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [one billion five
million six hundred two thousand] ONE BILLION FIFTY-ONE MILLION SIX
S. 7506--B 237 A. 9506--B
HUNDRED FORTY THOUSAND dollars [$1,005,602,000] $1,051,640,000. Such
amount shall be exclusive of bonds and notes issued to fund any reserve
fund or funds, costs of issuance and to refund any outstanding bonds and
notes, issued on behalf of the state, relating to a locally sponsored
community college.
§ 35. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 41 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed eight hundred [four] FORTY
million [six] THREE hundred fifteen thousand dollars [$804,615,000]
$840,315,000, which authorization increases the aggregate principal
amount of bonds, notes and other obligations authorized by section 40 of
chapter 309 of the laws of 1996, and shall include all bonds, notes and
other obligations issued pursuant to chapter 211 of the laws of 1990, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the youth facili-
ties improvement fund, to pay for all or any portion of the amount or
amounts paid by the state from appropriations or reappropriations made
to the office of children and family services from the youth facilities
improvement fund for capital projects. The aggregate amount of bonds,
notes and other obligations authorized to be issued pursuant to this
section shall exclude bonds, notes or other obligations issued to refund
or otherwise repay bonds, notes or other obligations theretofore issued,
the proceeds of which were paid to the state for all or a portion of the
amounts expended by the state from appropriations or reappropriations
made to the office of children and family services; provided, however,
that upon any such refunding or repayment the total aggregate principal
amount of outstanding bonds, notes or other obligations may be greater
than eight hundred [four] FORTY million [six] THREE hundred fifteen
thousand dollars [$804,615,000] $840,315,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value of
the aggregate debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
§ 36. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 42 of part TTT
of chapter 59 of the laws of 2019, is amended to read as follows:
S. 7506--B 238 A. 9506--B
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding [nine billion three hundred thirty-three million three hundred
eight thousand] NINE BILLION NINE HUNDRED TWENTY-SEVEN MILLION TWO
HUNDRED SEVENTY-SIX THOUSAND dollars [$9,333,308,000] $9,927,276,000,
excluding mental health services facilities improvement bonds and mental
health services facilities improvement notes issued to refund outstand-
ing mental health services facilities improvement bonds and mental
health services facilities improvement notes; provided, however, that
upon any such refunding or repayment of mental health services facili-
ties improvement bonds and/or mental health services facilities improve-
ment notes the total aggregate principal amount of outstanding mental
health services facilities improvement bonds and mental health facili-
ties improvement notes may be greater than [nine billion three hundred
thirty-three million three hundred eight thousand] NINE BILLION NINE
HUNDRED TWENTY-SEVEN MILLION TWO HUNDRED SEVENTY-SIX THOUSAND dollars
[$9,333,308,000] $9,927,276,000, only if, except as hereinafter provided
with respect to mental health services facilities bonds and mental
health services facilities notes issued to refund mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law, 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. For purposes hereof, the present
values of the aggregate debt service of the refunding or repayment
bonds, notes or other obligations and of the aggregate debt service of
the bonds, notes or other obligations so refunded or repaid, shall be
calculated by utilizing the effective interest rate of the refunding or
repayment bonds, notes or other obligations, which shall be that rate
arrived at by doubling the semi-annual interest rate (compounded semi-
annually) necessary to discount the debt service payments on the refund-
ing or repayment bonds, notes or other obligations from the payment
dates thereof to the date of issue of the refunding or repayment bonds,
notes or other obligations and to the price bid including estimated
S. 7506--B 239 A. 9506--B
accrued interest or proceeds received by the authority including esti-
mated accrued interest from the sale thereof. Such bonds, other than
bonds issued to refund outstanding bonds, shall be scheduled to mature
over a term not to exceed the average useful life, as certified by the
facilities development corporation, of the projects for which the bonds
are issued, and in any case shall not exceed thirty years and the maxi-
mum maturity of notes or any renewals thereof shall not exceed five
years from the date of the original issue of such notes. Notwithstanding
the provisions of this section, the agency shall have the power and is
hereby authorized to issue mental health services facilities improvement
bonds and/or mental health services facilities improvement notes to
refund outstanding mental hygiene improvement bonds authorized to be
issued pursuant to the provisions of section 47-b of the private housing
finance law and the amount of bonds issued or outstanding for such
purposes shall not be included for purposes of determining the amount of
bonds issued pursuant to this section. The director of the budget shall
allocate the aggregate principal authorized to be issued by the agency
among the office of mental health, office for people with developmental
disabilities, and the office of [alcoholism and substance abuse
services] ADDICTION SERVICES AND SUPPORTS, in consultation with their
respective commissioners to finance bondable appropriations previously
approved by the legislature.
§ 37. Subdivision (a) of section 28 of part Y of chapter 61 of the
laws of 2005, relating to providing for the administration of certain
funds and accounts related to the 2005-2006 budget, as amended by
section 43 of part TTT of chapter 59 of the laws of 2019, is amended to
read as follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, one or more
authorized issuers as defined by section 68-a of the state finance law
are hereby authorized to issue bonds or notes in one or more series in
an aggregate principal amount not to exceed [ninety-two million] ONE
HUNDRED FIFTY-SEVEN MILLION dollars [$92,000,000] $157,000,000, exclud-
ing bonds issued to finance one or more debt service reserve funds, to
pay costs of issuance of such bonds, and bonds or notes issued to refund
or otherwise repay such bonds or notes previously issued, for the
purpose of financing capital projects for public protection facilities
in the Division of Military and Naval Affairs, debt service and leases;
and to reimburse the state general fund for disbursements made therefor.
Such bonds and notes of such authorized issuer 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 the state to
such authorized issuer for debt service and related expenses pursuant to
any service contract executed pursuant to subdivision (b) of this
section and such bonds and notes shall contain on the face thereof a
statement to such effect. Except for purposes of complying with the
internal revenue code, any interest income earned on bond proceeds shall
only be used to pay debt service on such bonds.
§ 38. Section 53 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 46 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
§ 53. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of funding project costs for the acquisition of equipment,
S. 7506--B 240 A. 9506--B
including but not limited to the creation or modernization of informa-
tion technology systems and related research and development equipment,
health and safety equipment, heavy equipment and machinery, the creation
or improvement of security systems, and laboratory equipment and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed [ninety-three million] ONE HUNDRED NINETY-THREE MILLION
dollars [$93,000,000] $193,000,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Such bonds and notes of the dormitory
authority and the urban development 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 the state to
the dormitory authority and the urban development corporation for prin-
cipal, interest, and related expenses pursuant to a service contract and
such bonds and notes shall contain on the face thereof a statement to
such effect. Except for purposes of complying with the internal revenue
code, any interest income earned on bond proceeds shall only be used to
pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the urban development corpo-
ration in undertaking the financing for project costs for the acquisi-
tion of equipment, including but not limited to the creation or modern-
ization of information technology systems and related research and
development equipment, health and safety equipment, heavy equipment and
machinery, the creation or improvement of security systems, and labora-
tory equipment and other state costs associated with such capital
projects, the director of the budget is hereby authorized to enter into
one or more service contracts with the dormitory authority and the urban
development corporation, none of which shall exceed thirty years in
duration, upon such terms and conditions as the director of the budget
and the dormitory authority and the urban development corporation agree,
so as to annually provide to the dormitory authority and the urban
development corporation, in the aggregate, a sum not to exceed the prin-
cipal, interest, and related expenses required for such bonds and notes.
Any service contract entered into pursuant to this section shall provide
that the obligation of the state to pay the amount therein provided
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 monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the urban development corporation as
security for its bonds and notes, as authorized by this section.
§ 39. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 1 of part K of chapter 39 of the laws of 2019, is amended to
read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
S. 7506--B 241 A. 9506--B
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of [ten
billion eight hundred five million seven hundred seventy-eight thousand]
ELEVEN BILLION THREE HUNDRED FORTY-NINE MILLION EIGHT HUNDRED SEVENTY-
FIVE THOUSAND dollars [$10,805,778,000] $11,349,875,000 cumulatively by
the end of fiscal year [2019-20] 2020-21.
§ 40. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 2 of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of two hundred [fifty-one] SIXTY-FIVE
million dollars [$251,000,000] $265,000,000.
§ 41. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 3 of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects and
other state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed [nine billion eight hundred twenty-one million six hundred
thirty-six thousand] TEN BILLION THREE HUNDRED THIRTY-FOUR MILLION EIGHT
HUNDRED FIFTY-ONE THOUSAND dollars [$9,821,636,000] $10,334,851,000,
S. 7506--B 242 A. 9506--B
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and 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
the state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, Lake Ontario
regional projects, Pennsylvania station and other transit projects and
other state costs associated with such projects the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided 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 monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
S. 7506--B 243 A. 9506--B
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 42. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 4 of part K of chapter 39 of the laws of 2019, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [four
billion six hundred forty-eight million] SIX BILLION NINE HUNDRED
FORTY-TWO MILLION FOUR HUNDRED SIXTY-THREE THOUSAND dollars
[$4,648,000,000] $6,942,463,000, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority and the
urban development 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 the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 43. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 8 of part K of chapter 39 of
the laws of 2019, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [six billion two hundred ninety
million five hundred ninety-nine thousand] SIX BILLION FIVE HUNDRED
THIRTY-ONE MILLION FIVE HUNDRED TWENTY-THREE THOUSAND dollars
[$6,290,599,000] $6,531,523,000, plus a principal amount of bonds issued
to fund the debt service reserve fund in accordance with the debt
service reserve fund requirement established by the agency and to fund
any other reserves that the agency reasonably deems necessary for the
security or marketability of such bonds and to provide for the payment
of fees and other charges and expenses, including underwriters'
discount, trustee and rating agency fees, bond insurance, credit
enhancement and liquidity enhancement related to the issuance of such
S. 7506--B 244 A. 9506--B
bonds and notes. No reserve fund securing the housing program bonds
shall be entitled or eligible to receive state funds apportioned or
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the agreed
amount under any of the contracts provided for in subdivision four of
this section.
§ 44. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 5 of part K of chapter 39 of the laws
of 2019, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of special act
school districts, state-supported schools for the blind and deaf,
approved private special education schools, non-public schools, communi-
ty centers, day care facilities, residential camps, day camps, and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed one hundred [thirty] FIFTY-FIVE million dollars
[$130,000,000] $155,000,000, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the dormitory authority and
the urban development 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 the state to the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
§ 45. Subdivision 1 of section 47 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 27 of part TTT of chapter 59 of the
laws of 2019, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
project costs for the office of information technology services, depart-
ment of law, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [six] EIGHT hundred
[seventy-seven] THIRTY million [three hundred] fifty-four thousand
dollars, [$677,354,000] $830,054,000 excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued. Such bonds and notes of the dormitory
authority and 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 the state to the dormitory
authority and the corporation for principal, interest, and related
expenses pursuant to a service contract and such bonds and notes shall
contain on the face thereof a statement to such effect. Except for
S. 7506--B 245 A. 9506--B
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 46. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as amended by section 43 of part XXX of chapter 59 of the
laws of 2017, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. The provisions of this paragraph
shall expire June thirtieth, two thousand [twenty] TWENTY-THREE.
§ 47. Section 2 of the state finance law is amended by adding a new
subdivision 1-a to read as follows:
1-A. "BUSINESS DAY". ANY DAY OF THE YEAR WHICH IS NOT A SATURDAY,
SUNDAY OR LEGAL HOLIDAY IN THE STATE OF NEW YORK AND NOT A DAY ON WHICH
BANKS ARE AUTHORIZED OR OBLIGATED TO BE CLOSED IN THE CITY OF NEW YORK.
§ 48. Paragraph a of subdivision 4 of section 57 of the state finance
law, as amended by section 39 of part JJ of chapter 56 of the laws of
2010, is amended to read as follows:
a. Such bonds shall be sold at par, at par plus a premium, or at a
discount to the bidder offering the lowest interest cost to the state,
taking into consideration any premium or discount and, in the case of
refunding bonds, the bona fide initial public offering price, not less
than [four nor more than fifteen days, Sundays excepted,] TWO BUSINESS
DAYS after THE PUBLICATION OF a notice of [such] sale [has been
published] at least once in a definitive trade publication of the munic-
ipal bond industry published on each business day in the state of New
York which is generally available IN ELECTRONIC OR PHYSICAL FORM to
participants in the municipal bond industry, which notice shall state
the terms of the sale. The comptroller may not change the terms of the
sale unless notice of such change is sent via a definitive trade wire
service of the municipal bond industry which, in general, makes avail-
able information regarding activity and sales of municipal bonds and is
generally available to participants in the municipal bond industry, at
least one hour prior to the time of the sale as set forth in the
original notice of sale. In so changing the terms or conditions of a
sale the comptroller may send notice by such wire service that the sale
will be delayed by up to thirty days, provided that wire notice of the
new sale date will be given at least one business day prior to the new
time when bids will be accepted. In such event, no new notice of sale
shall be required to be published. Notwithstanding the provisions of
section three hundred five of the state technology law or any other law,
if the notice of sale contains a provision that bids will only be
accepted electronically in the manner provided in such notice of sale,
the comptroller shall not be required to accept non-electronic bids in
any form. Advertisements shall contain a provision to the effect that
S. 7506--B 246 A. 9506--B
the state comptroller, in his or her discretion, may reject any or all
bids made in pursuance of such advertisements, and in the event of such
rejection, the state comptroller is authorized to negotiate a private
sale or readvertise for bids in the form and manner above described as
many times as, in his or her judgment, may be necessary to effect a
satisfactory sale. Notwithstanding the foregoing provisions of this
paragraph, whenever in the judgment of the comptroller the interests of
the state will be served thereby, he or she may sell state bonds at
private sale at par, at par plus a premium, or at a discount. The comp-
troller shall promulgate regulations governing the terms and conditions
of any such private sales, which regulations shall include a provision
that he or she give notice to the governor, the temporary president of
the senate, and the speaker of the assembly, of his or her intention to
conduct a private sale of obligations pursuant to this section not less
than [five] TWO BUSINESS days prior to such sale or the execution of any
binding agreement to effect such sale.
§ 49. Subdivision (a) of section 211 of the civil practice law and
rules, as amended by chapter 267 of the laws of 1970, is amended to read
as follows:
(a) On a bond. An action to recover principal or interest upon a writ-
ten instrument evidencing an indebtedness of the state of New York or of
any person, association or public or private corporation, originally
sold by the issuer after publication of an advertisement for bids for
the issue in [a newspaper of general circulation] ELECTRONIC OR PHYSICAL
FORM and secured only by a pledge of the faith and credit of the issuer,
regardless of whether a sinking fund is or may be established for its
redemption, must be commenced within twenty years after the cause of
action accrues. This subdivision does not apply to actions upon written
instruments evidencing an indebtedness of any corporation, association
or person under the jurisdiction of the public service commission, the
commissioner of transportation, the interstate commerce commission, the
federal communications commission, the civil aeronautics board, the
federal power commission, or any other regulatory commission or board of
a state or of the federal government. This subdivision applies to all
causes of action, including those barred on April eighteenth, nineteen
hundred fifty, by the provisions of the civil practice act then effec-
tive.
§ 49-a. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 54 to read as follows:
§ 54. 1. FINDINGS AND DECLARATION OF NEED. (A) THE STATE OF NEW YORK
FINDS AND DETERMINES THAT THE GLOBAL SPREAD OF THE COVID-19 CORONAVIRUS
DISEASE IS HAVING AND IS EXPECTED TO CONTINUE TO HAVE A SIGNIFICANT
IMPACT ON THE HEALTH AND WELFARE OF INDIVIDUALS IN THE STATE AS WELL AS
A SIGNIFICANT FINANCIAL IMPACT ON THE STATE. THE SERIOUS THREAT POSED BY
THE COVID-19 CORONAVIRUS DISEASE HAS CAUSED GOVERNMENTS, INCLUDING THE
STATE, TO ADOPT POLICIES, REGULATIONS AND PROCEDURES TO SUSPEND VARIOUS
LEGAL REQUIREMENTS IN ORDER TO (I) RESPOND TO AND MITIGATE THE IMPACT OF
THE OUTBREAK, AND (II) PROVIDE TEMPORARY RELIEF TO INDIVIDUALS, INCLUD-
ING THE DEFERRAL OF THE FEDERAL INCOME TAX PAYMENT DEADLINE FROM APRIL
15, 2020 TO A LATER DATE IN THE CALENDAR YEAR. THE STATE OF NEW YORK
FURTHER FINDS AND DETERMINES THAT CERTAIN FISCAL MANAGEMENT AUTHORI-
ZATION MEASURES SHOULD BE AUTHORIZED AND ESTABLISHED.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER 59 OF THE LAWS OF
2000 AND SECTION SIXTY-SEVEN-B OF THE STATE FINANCE LAW, THE DORMITORY
S. 7506--B 247 A. 9506--B
AUTHORITY OF THE STATE OF NEW YORK AND THE CORPORATION ARE HEREBY
AUTHORIZED TO ISSUE UNTIL DECEMBER 31, 2020, NOTES WITH A MATURITY NO
LATER THAN MARCH 31, 2021, TO BE DESIGNATED AS PERSONAL INCOME TAX
REVENUE OR BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES IN AN AGGRE-
GATE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT BILLION DOLLARS, EXCLUDING
NOTES ISSUED TO FINANCE ONE OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY
COSTS OF ISSUANCE OF SUCH NOTES, AND NOTES ISSUED TO RENEW, REFUND OR
OTHERWISE REPAY SUCH NOTES PREVIOUSLY ISSUED, FOR THE PURPOSE OF TEMPO-
RARILY FINANCING BUDGETARY NEEDS OF THE STATE FOLLOWING THE FEDERAL
GOVERNMENT DEFERRAL OF THE FEDERAL INCOME TAX PAYMENT DEADLINE FROM
APRIL 15, 2020 TO A LATER DATE IN THE CALENDAR YEAR. SUCH PURPOSE SHALL
CONSTITUTE AN AUTHORIZED PURPOSE UNDER SUBDIVISION TWO OF SECTION
SIXTY-EIGHT-A OF THE STATE FINANCE LAW FOR ALL PURPOSES OF ARTICLE
FIVE-C OF THE STATE FINANCE LAW WITH RESPECT TO THE NOTES, RENEWAL
NOTES, REFUNDING NOTES AND ANY STATE PERSONAL INCOME TAX REVENUE BONDS
ISSUED TO REFINANCE ANY NOTES, RENEWAL NOTES, REFUNDING NOTES AUTHORIZED
BY THIS PARAGRAPH. ON OR BEFORE THEIR MATURITY, SUCH NOTES MAY BE
RENEWED OR REFUNDED ONCE WITH RENEWAL OR REFUNDING NOTES FOR AN ADDI-
TIONAL PERIOD NOT TO EXCEED ONE YEAR FROM THE DATE OF RENEWAL OR REFUND-
ING. IF ON OR BEFORE THE MATURITY DATE OF SUCH NOTES OR SUCH RENEWAL OR
REFUNDING NOTES, THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL DETER-
MINE THAT ALL OR A PORTION OF SUCH NOTES OR SUCH RENEWAL OR REFUNDING
NOTES SHALL BE REFINANCED ON A LONG TERM BASIS, SUCH NOTES OR SUCH
RENEWAL OR REFUNDING NOTES MAY BE REFINANCED WITH STATE PERSONAL INCOME
TAX REVENUE BONDS IN ONE OR MORE SERIES IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED THE THEN OUTSTANDING PRINCIPAL AMOUNT OF SUCH NOTES OR
SUCH RENEWAL OR REFUNDING NOTES PLUS AN AMOUNT NECESSARY TO FINANCE ONE
OR MORE DEBT SERVICE RESERVE FUNDS AND TO PAY COSTS OF ISSUANCE OF SUCH
REFUNDING BONDS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER FIFTY-NINE
OF THE LAWS OF TWO THOUSAND AND SECTION SIXTY-SEVEN-B OF THE STATE
FINANCE LAW. FOR SO LONG AS ANY NOTES, RENEWAL OR REFUNDING NOTES OR
SUCH REFUNDING BONDS AUTHORIZED BY THIS PARAGRAPH SHALL REMAIN OUTSTAND-
ING, INCLUDING ANY STATE-SUPPORTED DEBT ISSUED TO REFINANCE THE REFUND-
ING BONDS AUTHORIZED BY THIS PARAGRAPH, THE RESTRICTIONS, LIMITATIONS
AND REQUIREMENTS CONTAINED IN ARTICLE FIVE-B OF THE STATE FINANCE LAW
SHALL NOT APPLY.
(C) SUCH NOTES, RENEWAL OR REFUNDING NOTES AND REFUNDING BONDS OF THE
DORMITORY AUTHORITY AND 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 THE STATE TO
THE DORMITORY AUTHORITY AND THE CORPORATION FOR DEBT SERVICE AND RELATED
EXPENSES PURSUANT TO ANY FINANCING AGREEMENT DESCRIBED IN PARAGRAPH (D)
OF THIS SUBDIVISION, AND SUCH NOTES, RENEWAL OR REFUNDING NOTES AND
REFUNDING BONDS SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO SUCH
EFFECT. SUCH NOTES, RENEWAL OR REFUNDING NOTES AND ANY REFUNDING BONDS
ISSUED TO REFINANCE SUCH NOTES AND/OR ANY RENEWAL OR REFUNDING NOTES ON
A SUBORDINATE BASIS SHALL BE SECURED BY SUBORDINATE PAYMENTS FROM THE
REVENUE BOND TAX FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-Z OF
THE STATE FINANCE LAW. REFUNDING BONDS ISSUED TO REFINANCE ANY SUCH
NOTES AND/OR RENEWAL OR REFUNDING NOTES ON A PARITY BASIS WITH OUTSTAND-
ING STATE PERSONAL INCOME TAX REVENUE BONDS SHALL BE ISSUED ONLY IN
ACCORDANCE WITH THE PROVISIONS OF THE APPLICABLE RESOLUTION OF THE
DORMITORY AUTHORITY OR THE CORPORATION AUTHORIZING THE ISSUANCE OF STATE
PERSONAL INCOME TAX REVENUE BONDS AND SHALL BE SECURED BY PAYMENTS FROM
THE REVENUE BOND TAX FUND ON A PARITY WITH SUCH OUTSTANDING STATE
S. 7506--B 248 A. 9506--B
PERSONAL INCOME TAX REVENUE BONDS. EXCEPT FOR PURPOSES OF COMPLYING
WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON NOTE
PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH NOTES. ALL OF
THE PROVISIONS OF THE DORMITORY AUTHORITY ACT AND THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION ACT RELATING TO NOTES AND BONDS WHICH ARE
NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO
NOTES AND BONDS AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION, INCLUD-
ING BUT NOT LIMITED TO THE POWER TO ESTABLISH ADEQUATE RESERVES THEREFOR
AND TO ISSUE RENEWAL NOTES, REFUNDING NOTES AND REFUNDING BONDS, IN ANY
CASE SUBJECT TO THE FINAL MATURITY LIMITATION FOR SUCH NOTES SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION. THE ISSUANCE OF ANY NOTES, RENEWAL
OR REFUNDING NOTES AND REFUNDING BONDS AUTHORIZED BY PARAGRAPH (B) OF
THIS SUBDIVISION SHALL FURTHER BE SUBJECT TO THE APPROVAL OF THE DIREC-
TOR OF THE DIVISION OF THE BUDGET.
(D) NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY
BUT SUBJECT TO THE LIMITATIONS CONTAINED IN PARAGRAPH (B) OF THIS SUBDI-
VISION, IN ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE CORPORATION
IN UNDERTAKING THE ADMINISTRATION AND FINANCING OF SUCH NOTES, RENEWAL
OR REFUNDING NOTES AND REFUNDING BONDS, THE DIRECTOR OF THE BUDGET IS
HEREBY AUTHORIZED TO SUPPLEMENT ANY EXISTING FINANCING AGREEMENT WITH
THE DORMITORY AUTHORITY AND THE CORPORATION, OR TO ENTER INTO A NEW
FINANCING AGREEMENT WITH THE DORMITORY AUTHORITY AND THE CORPORATION,
UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE
DORMITORY AUTHORITY AND THE CORPORATION SHALL AGREE, SO AS TO ANNUALLY
PROVIDE TO THE DORMITORY AUTHORITY AND THE CORPORATION, IN THE AGGRE-
GATE, A SUM NOT TO EXCEED THE ANNUAL DEBT SERVICE PAYMENTS AND RELATED
EXPENSES REQUIRED FOR ANY NOTES, RENEWAL OR REFUNDING NOTES AND REFUND-
ING BONDS ISSUED PURSUANT TO THIS SECTION. ANY FINANCING AGREEMENT
SUPPLEMENTED OR ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT
THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED 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 MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSES, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH FINANCING AGREEMENT OR ANY
PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED OR PLEDGED BY THE
DORMITORY AUTHORITY AND THE CORPORATION AS SECURITY FOR THE NOTES,
RENEWAL AND REFUNDING NOTES AND REFUNDING BONDS AUTHORIZED BY PARAGRAPH
(B) OF THIS SUBDIVISION.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING SPECIFICALLY THE PROVISIONS OF SUBDIVISION 3 OF SECTION 67-B
OF THE STATE FINANCE LAW, NO CAPITAL WORK OR PURPOSE SHALL BE REQUIRED
FOR ANY ISSUANCE OF PERSONAL INCOME TAX REVENUE OR BOND ANTICIPATION
NOTES, RENEWAL OR REFUNDING NOTES OR REFUNDING BONDS ISSUED BY THE
DORMITORY AUTHORITY AND THE CORPORATION PURSUANT TO THIS SECTION.
(F) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRA-
RY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
CREDIT OF THE GENERAL FUND, ALL PROCEEDS OF PERSONAL INCOME TAX REVENUE
OR BOND ANTICIPATION NOTES ISSUED BY THE DORMITORY AUTHORITY AND THE NEW
YORK STATE URBAN DEVELOPMENT CORPORATION PURSUANT TO THIS SECTION.
2. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS OF
THIS SECTION ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS SECTION SHALL BE
CONTROLLING.
3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL BE
SEVERABLE, AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
S. 7506--B 249 A. 9506--B
SUBDIVISION, SECTION OR PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
DATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION, PART OF THIS SECTION OR REMAINDER THEREOF, AS THE CASE
MAY BE, TO ANY OTHER PERSON OR CIRCUMSTANCE, 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.
§ 49-b. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 55 to read as follows:
§ 55. 1. FINDINGS AND DECLARATION OF NEED. (A) THE STATE OF NEW YORK
FINDS AND DETERMINES THAT THE GLOBAL SPREAD OF THE COVID-19 CORONAVIRUS
DISEASE IS HAVING AND IS EXPECTED TO CONTINUE TO HAVE A SIGNIFICANT
IMPACT ON THE HEALTH AND WELFARE OF INDIVIDUALS IN THE STATE AS WELL AS
A SIGNIFICANT FINANCIAL IMPACT ON THE STATE. THE SERIOUS THREAT POSED BY
THE COVID-19 CORONAVIRUS DISEASE HAS CAUSED GOVERNMENTS, INCLUDING THE
STATE, TO ADOPT POLICIES, REGULATIONS AND PROCEDURES TO SUSPEND VARIOUS
LEGAL REQUIREMENTS IN ORDER TO: (I) RESPOND TO AND MITIGATE THE IMPACT
OF THE OUTBREAK; AND (II) ADDRESS BUDGETARY PRESSURES TO THE STATE ARIS-
ING FROM ANTICIPATED SHORTFALLS AND DEFERRALS IN THE STATE'S FISCAL 2021
FINANCIAL PLAN RECEIPTS, THEREBY REQUIRING THAT CERTAIN FISCAL MANAGE-
MENT AUTHORIZATION MEASURES BE AUTHORIZED AND ESTABLISHED.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING, SPECIFICALLY, THE PROVISIONS OF CHAPTER 59 OF THE LAWS OF
2000 AND SECTION 67-B OF THE STATE FINANCE LAW, DURING THE STATE'S 2021
FISCAL YEAR, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE
URBAN DEVELOPMENT CORPORATION ARE AUTHORIZED TO: (I) ENTER INTO COMMIT-
MENTS WITH FINANCIAL INSTITUTIONS FOR THE ESTABLISHMENT OF ONE OR MORE
LINE OF CREDIT FACILITIES AND OTHER SIMILAR REVOLVING FINANCING ARRANGE-
MENTS NOT IN EXCESS OF THREE BILLION DOLLARS IN AGGREGATE PRINCIPAL
AMOUNT OUTSTANDING AT ANY ONE TIME; (II) DRAW, AT ONE OR MORE TIMES AT
THE DIRECTION OF THE DIRECTOR OF THE BUDGET, UPON SUCH LINE OF CREDIT
FACILITIES AND PROVIDE TO THE STATE THE AMOUNTS SO DRAWN FOR THE PURPOSE
OF ASSISTING THE STATE TO TEMPORARILY FINANCE ITS BUDGETARY NEEDS; AND
(III) SECURE REPAYMENT OF SUCH DRAWS UNDER SUCH LINE OF CREDIT FACILI-
TIES WITH A SERVICE CONTRACT OF THE STATE, WHICH PAYMENT OBLIGATION
THEREUNDER SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING
OF ANY CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECU-
TORY ONLY TO THE EXTENT MONEYS ARE AVAILABLE AND THAT NO LIABILITY SHALL
BE INCURRED BY THE STATE BEYOND THE MONEYS AVAILABLE FOR SUCH PURPOSE,
AND THAT SUCH PAYMENT OBLIGATION IS SUBJECT TO ANNUAL APPROPRIATION BY
THE LEGISLATURE. ANY LINE OF CREDIT FACILITY AGREEMENTS ENTERED BY THE
DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOP-
MENT CORPORATION WITH FINANCIAL INSTITUTIONS PURSUANT TO THIS SECTION
MAY CONTAIN SUCH PROVISIONS THAT THE DORMITORY AUTHORITY OF THE STATE OF
NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION DEEM NECESSARY OR
DESIRABLE FOR THE ESTABLISHMENT OF SUCH CREDIT FACILITIES. THE MAXIMUM
ORIGINAL TERM OF ANY LINE OF CREDIT FACILITY SHALL BE ONE YEAR FROM THE
DATE OF INCURRENCE; PROVIDED HOWEVER THAT ANY SUCH LINE OF CREDIT FACIL-
ITY MAY BE EXTENDED, RENEWED OR REFINANCED FOR UP TO TWO ADDITIONAL ONE
YEAR TERMS. IF ON OR BEFORE THE MATURITY DATE OF THE ORIGINAL TERM OF
SUCH LINE OF CREDIT FACILITY OR ANY RENEWAL OR EXTENSION TERM THEREOF,
THE DIRECTOR OF THE DIVISION OF THE BUDGET SHALL DETERMINE THAT ALL OR A
PORTION OF ANY OUTSTANDING LINE OF CREDIT FACILITY SHALL BE REFINANCED
S. 7506--B 250 A. 9506--B
ON A LONG-TERM BASIS, THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
AND/OR THE URBAN DEVELOPMENT CORPORATION ARE AUTHORIZED TO REFINANCE
SUCH LINE OF CREDIT FACILITY WITH STATE PERSONAL INCOME TAX REVENUE
BONDS AND/OR STATE SERVICE CONTRACT BONDS IN ONE OR MORE SERIES IN AN
AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED THE THEN OUTSTANDING PRINCIPAL
AMOUNT OF SUCH LINE OF CREDIT FACILITY AND ANY ACCRUED INTEREST THEREON,
PLUS AN AMOUNT NECESSARY TO FINANCE ONE OR MORE DEBT SERVICE RESERVE
FUNDS AND TO PAY COSTS OF ISSUANCE OF SUCH STATE PERSONAL INCOME TAX
REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS.
(C) NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION TO THE CONTRA-
RY, THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE
CREDIT OF THE GENERAL FUND, ALL AMOUNTS PROVIDED BY THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPO-
RATION TO THE STATE FROM DRAWS MADE ON ANY LINE OF CREDIT FACILITY
AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION.
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING SPECIFICALLY THE PROVISIONS OF SUBDIVISION 3 OF SECTION 67-B
OF THE STATE FINANCE LAW, NO CAPITAL WORK OR PURPOSE SHALL BE REQUIRED
FOR ANY INDEBTEDNESS INCURRED IN CONNECTION WITH ANY LINE OF CREDIT
FACILITY AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION AND ANY EXTEN-
SIONS OR RENEWALS THEREOF, OR FOR ANY STATE PERSONAL INCOME TAX REVENUE
BONDS AND/OR STATE SERVICE CONTRACT BONDS ISSUED TO REFINANCE ANY OF THE
FOREGOING, OR FOR ANY SERVICE CONTRACT ENTERED INTO IN CONNECTION WITH
ANY LINE OF CREDIT FACILITY, ALL IN ACCORDANCE WITH THIS SECTION.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR SO
LONG AS ANY SUCH LINE OF CREDIT FACILITY SHALL REMAIN OUTSTANDING, THE
RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN ARTICLE 5-B OF
THE STATE FINANCE LAW SHALL NOT APPLY. IN ADDITION, SUCH RESTRICTIONS,
LIMITATIONS AND REQUIREMENTS SHALL NOT APPLY TO ANY STATE PERSONAL
INCOME TAX REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS ISSUED TO
REFUND SUCH LINE OF CREDIT FACILITY FOR SO LONG AS SUCH STATE PERSONAL
INCOME TAX REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS SHALL
REMAIN OUTSTANDING, INCLUDING ANY STATE-SUPPORTED DEBT ISSUED TO REFUND
SUCH STATE PERSONAL INCOME TAX REVENUE BONDS AND/OR STATE SERVICE
CONTRACT BONDS. ANY SUCH LINE OF CREDIT FACILITY, INCLUDING ANY EXTEN-
SIONS OR RENEWALS THEREOF, AND ANY STATE PERSONAL INCOME TAX REVENUE
BONDS AND/OR STATE SERVICE CONTRACT BONDS ISSUED TO REFUND SUCH LINE OF
CREDIT FACILITIES SHALL BE DEEMED TO BE INCURRED OR ISSUED FOR AN
AUTHORIZED PURPOSE WITHIN THE MEANING OF SUBDIVISION 2 OF SECTION 68-A
OF THE STATE FINANCE LAW. AS APPLICABLE, ALL OF THE PROVISIONS OF THE
STATE FINANCE LAW, THE DORMITORY AUTHORITY ACT AND THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION ACT RELATING TO NOTES AND BONDS WHICH ARE
NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL APPLY TO ANY
ISSUANCE OF STATE PERSONAL INCOME TAX REVENUE BONDS AND/OR STATE SERVICE
CONTRACT BONDS ISSUED TO REFINANCE ANY LINE OF CREDIT FACILITY AUTHOR-
IZED BY PARAGRAPH (B) OF THIS SUBDIVISION. THE ISSUANCE OF ANY STATE
PERSONAL INCOME TAX REVENUE BONDS AND/OR STATE SERVICE CONTRACT BONDS
ISSUED TO REFINANCE ANY SUCH LINE OF CREDIT FACILITY SHALL FURTHER BE
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET.
(F) ANY DRAWS ON A LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (B)
OF THIS SUBDIVISION SHALL ONLY BE MADE AND THE SERVICE CONTRACT ENTERED
INTO IN CONNECTION WITH SUCH LINE OF CREDIT FACILITIES SHALL ONLY BE
EXECUTED AND DELIVERED TO THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK AND/OR THE URBAN DEVELOPMENT CORPORATION IF THE LEGISLATURE HAS
ENACTED SUFFICIENT APPROPRIATION AUTHORITY TO PROVIDE FOR THE REPAYMENT
OF ALL AMOUNTS EXPECTED TO BE DRAWN BY THE DORMITORY AUTHORITY OF THE
S. 7506--B 251 A. 9506--B
STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION UNDER SUCH
LINE OF CREDIT FACILITY DURING FISCAL YEAR 2021. AMOUNTS REPAID UNDER A
LINE OF CREDIT FACILITY DURING FISCAL YEAR 2021 MAY BE RE-BORROWED
DURING SUCH FISCAL YEAR PROVIDED THAT THE LEGISLATURE HAS ENACTED SUFFI-
CIENT APPROPRIATION AUTHORITY TO PROVIDE FOR THE REPAYMENT OF ANY SUCH
RE-BORROWED AMOUNTS. NEITHER THE DORMITORY AUTHORITY OF THE STATE OF NEW
YORK NOR THE URBAN DEVELOPMENT CORPORATION SHALL HAVE ANY FINANCIAL
LIABILITY FOR THE REPAYMENT OF DRAWS UNDER ANY LINE OF CREDIT FACILITY
AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION BEYOND THE MONEYS
RECEIVED FOR SUCH PURPOSE UNDER THE SERVICE CONTRACT AUTHORIZED BY PARA-
GRAPH (G) OF THIS SUBDIVISION.
(G) THE DIRECTOR OF THE BUDGET IS AUTHORIZED TO ENTER INTO ONE OR MORE
SERVICE CONTRACTS OR OTHER AGREEMENTS, NONE OF WHICH SHALL EXCEED 30
YEARS IN DURATION, WITH THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK
AND/OR THE URBAN DEVELOPMENT CORPORATION, UPON SUCH TERMS AND CONDITIONS
AS THE DIRECTOR OF THE BUDGET AND DORMITORY AUTHORITY OF THE STATE OF
NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION SHALL AGREE. ANY
SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO THIS PARA-
GRAPH SHALL PROVIDE FOR STATE COMMITMENTS TO PROVIDE ANNUALLY TO THE
DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOP-
MENT CORPORATION A SUM OR SUMS, UPON SUCH TERMS AND CONDITIONS AS SHALL
BE DEEMED APPROPRIATE BY THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY OF THE STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPO-
RATION, TO FUND THE PAYMENT OF AMOUNTS DUE UNDER ANY LINE OF CREDIT
FACILITY AND ANY STATE PERSONAL INCOME TAX REVENUE BONDS AND/OR STATE
SERVICE CONTRACT BONDS ISSUED TO REFINANCE SUCH LINE OF CREDIT FACILITY.
ANY SUCH SERVICE CONTRACT OR OTHER AGREEMENTS SHALL PROVIDE THAT THE
OBLIGATION OF THE DIRECTOR OF THE BUDGET OR 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 MONEYS ARE AVAILABLE
AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE BEYOND THE MONEYS
AVAILABLE FOR SUCH PURPOSE, AND THAT SUCH OBLIGATION IS SUBJECT TO ANNU-
AL APPROPRIATION BY THE LEGISLATURE.
(H) ANY SERVICE CONTRACT OR OTHER AGREEMENTS ENTERED INTO PURSUANT TO
PARAGRAPH (G) OF THIS SUBDIVISION OR ANY PAYMENTS MADE OR TO BE MADE
THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY AUTHORITY OF THE
STATE OF NEW YORK AND/OR THE URBAN DEVELOPMENT CORPORATION AS SECURITY
FOR ANY RELATED PAYMENT OBLIGATION IT MAY HAVE WITH ONE OR MORE FINAN-
CIAL INSTITUTIONS IN CONNECTION WITH A LINE OF CREDIT FACILITY AUTHOR-
IZED BY PARAGRAPH (B) OF THIS SUBDIVISION.
(I) IN ADDITION TO THE FOREGOING, THE DIRECTOR OF THE BUDGET, THE
DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT
CORPORATION SHALL EACH BE AUTHORIZED TO ENTER INTO SUCH OTHER AGREEMENTS
AND TO TAKE OR CAUSE TO BE TAKEN SUCH ADDITIONAL ACTIONS AS ARE NECES-
SARY OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THE TRANSACTIONS CONTEM-
PLATED BY A LINE OF CREDIT FACILITY AND THE RELATED SERVICE CONTRACT.
(J) NO LATER THAN SEVEN DAYS AFTER A DRAW OCCURS ON THE LINE OF CREDIT
FACILITY, THE DIRECTOR OF THE BUDGET SHALL PROVIDE NOTIFICATION OF SUCH
DRAW TO THE PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY.
(K) THE AUTHORIZATION, ESTABLISHMENT AND USE BY THE DORMITORY AUTHORI-
TY OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT CORPORATION OF A
LINE OF CREDIT FACILITY AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION,
AND THE EXECUTION, SALE AND ISSUANCE OF STATE PERSONAL INCOME TAX REVEN-
UE BONDS AND/OR STATE SERVICE CONTRACT BONDS TO REFINANCE ANY SUCH LINE
S. 7506--B 252 A. 9506--B
OF CREDIT FACILITY SHALL NOT BE DEEMED AN ACTION, AS SUCH TERM IS
DEFINED IN ARTICLE 8 OF THE ENVIRONMENTAL CONSERVATION LAW, FOR THE
PURPOSES OF SUCH ARTICLE. SUCH EXEMPTION SHALL BE STRICTLY LIMITED IN
ITS APPLICATION TO SUCH FINANCING ACTIVITIES OF THE DORMITORY AUTHORITY
OF THE STATE OF NEW YORK AND THE URBAN DEVELOPMENT CORPORATION UNDERTAK-
EN PURSUANT TO THIS SECTION AND DOES NOT EXEMPT ANY OTHER ENTITY FROM
COMPLIANCE WITH SUCH ARTICLE.
(L) NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE
ABILITIES OF THE DIRECTOR OF THE BUDGET AND THE AUTHORIZED ISSUERS OF
STATE-SUPPORTED DEBT TO PERFORM THEIR RESPECTIVE OBLIGATIONS ON EXISTING
SERVICE CONTRACTS OR OTHER AGREEMENTS ENTERED INTO PRIOR TO APRIL 1,
2020.
2. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS OF
THIS SECTION ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS ACT SHALL BE CONTROL-
LING.
3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL BE
SEVERABLE, AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
SUBDIVISION, SECTION OR PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
DATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION, PART OF THIS SECTION OR REMAINDER THEREOF, AS THE CASE
MAY BE, TO ANY OTHER PERSON OR CIRCUMSTANCE, 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.
§ 49-c. Section 1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended by adding a
new section 56 to read as follows:
§ 56. STATE-SUPPORTED DEBT; 2021. 1. IN LIGHT OF THE SIGNIFICANT
IMPACT THAT THE GLOBAL SPREAD OF THE COVID-19 CORONAVIRUS DISEASE IS
HAVING AND IS EXPECTED TO CONTINUE TO HAVE ON THE HEALTH AND WELFARE OF
INDIVIDUALS IN THE STATE AS WELL AS ON THE FINANCIAL CONDITION OF THE
STATE, AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK AND THE URBAN DEVELOP-
MENT CORPORATION ARE EACH AUTHORIZED TO ISSUE STATE-SUPPORTED DEBT
PURSUANT TO ARTICLE 5-C OF THE STATE FINANCE LAW TO ASSIST THE STATE TO
MANAGE ITS FINANCING NEEDS DURING ITS 2021 FISCAL YEAR, WITHOUT REGARD
TO ANY RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN ARTICLE
5-B OF THE STATE FINANCE LAW, OTHER THAN SUBDIVISION 4 OF SECTION 67-B
OF SUCH ARTICLE, AND SUCH STATE-SUPPORTED DEBT SHALL BE DEEMED TO BE
ISSUED FOR AN AUTHORIZED PURPOSE WITHIN THE MEANING OF SUBDIVISION 2 OF
SECTION 68-A OF THE STATE FINANCE LAW FOR ALL PURPOSES OF ARTICLE 5-C OF
THE STATE FINANCE LAW. FURTHERMORE, ANY BONDS ISSUED DIRECTLY BY THE
STATE DURING THE STATE'S 2021 FISCAL YEAR SHALL BE ISSUED WITHOUT REGARD
TO ANY RESTRICTIONS, LIMITATIONS AND REQUIREMENTS CONTAINED IN ARTICLE
5-B OF THE STATE FINANCE LAW, OTHER THAN SUBDIVISION 4 OF SECTION 67-B
OF SUCH ARTICLE. FOR SO LONG AS ANY STATE-SUPPORTED DEBT ISSUED DURING
THE STATE'S 2021 FISCAL YEAR SHALL REMAIN OUTSTANDING, INCLUDING ANY
STATE-SUPPORTED DEBT ISSUED TO REFUND STATE-SUPPORTED DEBT ISSUED DURING
SUCH FISCAL YEAR, THE RESTRICTIONS, LIMITATIONS AND REQUIREMENTS
CONTAINED IN ARTICLE 5-B OF THE STATE FINANCE LAW, OTHER THAN SUBDIVI-
SION 4 OF SECTION 67-B OF SUCH ARTICLE, SHALL NOT APPLY.
2. EFFECT OF INCONSISTENT PROVISIONS. INSOFAR AS THE PROVISIONS OF
THIS SECTION ARE INCONSISTENT WITH THE PROVISIONS OF ANY OTHER LAW,
S. 7506--B 253 A. 9506--B
GENERAL, SPECIAL, OR LOCAL, THE PROVISIONS OF THIS ACT SHALL BE CONTROL-
LING.
3. SEVERABILITY; CONSTRUCTION. THE PROVISIONS OF THIS SECTION SHALL
BE SEVERABLE, AND IF THE APPLICATION OF ANY CLAUSE, SENTENCE, PARAGRAPH,
SUBDIVISION, SECTION OR PART OF THIS SECTION TO ANY PERSON OR CIRCUM-
STANCE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE
INVALID, SUCH JUDGMENT SHALL NOT NECESSARILY AFFECT, IMPAIR OR INVALI-
DATE THE APPLICATION OF ANY SUCH CLAUSE, SENTENCE, PARAGRAPH, SUBDIVI-
SION, SECTION, PART OF THIS SECTION OR REMAINDER THEREOF, AS THE CASE
MAY BE, TO ANY OTHER PERSON OR CIRCUMSTANCE, 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.
§ 50. Intentionally omitted.
§ 51. Intentionally omitted.
§ 52. Intentionally omitted.
§ 52-a. The state finance law is amended by adding a new section 99-hh
to read as follows:
§ 99-HH. PUBLIC HEALTH EMERGENCY CHARITABLE GIFTS TRUST FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF
TAXATION AND FINANCE AND THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "PUBLIC HEALTH EMERGENCY CHARITABLE GIFTS TRUST FUND".
2. THE PUBLIC HEALTH EMERGENCY CHARITABLE GIFTS TRUST FUND SHALL
CONSIST OF MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY THE STATE FOR
THE PURPOSES OF THE FUND, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE. MONEYS OF SUCH FUND SHALL BE
EXPENDED ONLY FOR GOODS AND SERVICES NECESSARY TO RESPOND TO A PUBLIC
HEALTH DISASTER EMERGENCY OR TO ASSIST OR AID IN RESPONDING TO SUCH A
DISASTER. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM SOLICIT-
ING AND RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF SUCH
FUND AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMPTROLLER OR
THE COMMISSIONER OF TAXATION AND FINANCE. ANY MONEYS OF THE FUND NOT
REQUIRED FOR IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMP-
TROLLER IN OBLIGATIONS OF THE UNITED STATES OR THE STATE, OR IN OBLI-
GATIONS THE PRINCIPAL AND INTEREST ON WHICH ARE GUARANTEED BY THE UNITED
STATES OR BY THE STATE. ANY INCOME EARNED BY THE INVESTMENT OF SUCH
MONEYS SHALL BE ADDED TO AND BECOME A PART OF, AND SHALL BE USED FOR THE
PURPOSES OF SUCH FUND.
§ 53. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that the provisions of sections one, one-a, two, three, four,
five, six, seven, eight, twelve, thirteen, fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen, twenty-one, twenty-four, and twenty-six-a
of this act shall expire March 31, 2021 when upon such date the
provisions of such sections shall be deemed repealed.
PART KK
Section 1. Subdivisions 14-a and 22 of section 2807 of the public
health law are REPEALED.
§ 2. Paragraph (c) of subdivision 8 of section 2807-c of the public
health law, as amended by chapter 731 of the laws of 1993, is amended to
read as follows:
S. 7506--B 254 A. 9506--B
(c) In order to reconcile capital related inpatient expenses included
in rates of payment based on a budget to actual expenses and statistics
for the rate period for a general hospital, rates of payment for a
general hospital shall be adjusted to reflect the dollar value of the
difference between capital related inpatient expenses included in the
computation of rates of payment for a prior rate period based on a budg-
et and actual capital related inpatient expenses for such prior rate
period, each as determined in accordance with paragraph (a) of this
subdivision, adjusted to reflect increases or decreases in volume of
service in such prior rate period compared to statistics applied in
determining the capital related inpatient expenses component of rates of
payment based on a budget for such prior rate period. FOR RATES EFFEC-
TIVE ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY, THE BUDGETED CAPI-
TAL-RELATED EXPENSES ADD-ON AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDI-
VISION, BASED ON A BUDGET SUBMITTED IN ACCORDANCE TO PARAGRAPH (A) OF
THIS SUBDIVISION, SHALL BE REDUCED BY FIVE PERCENT RELATIVE TO THE RATE
IN EFFECT ON SUCH DATE; AND THE ACTUAL CAPITAL EXPENSES ADD-ON AS
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, BASED ON ACTUAL EXPENSES
AND STATISTICS THROUGH APPROPRIATE AUDIT PROCEDURES IN ACCORDANCE WITH
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE REDUCED BY FIVE PERCENT RELA-
TIVE TO THE RATE IN EFFECT ON SUCH DATE. FOR ANY RATE YEAR, ALL RECON-
CILIATION ADD-ON AMOUNTS CALCULATED ON AND AFTER APRIL FIRST, TWO THOU-
SAND TWENTY SHALL BE REDUCED BY TEN PERCENT, AND ALL RECONCILIATION
RECOUPMENT AMOUNTS CALCULATED ON OR AFTER APRIL FIRST, TWO THOUSAND
TWENTY SHALL INCREASE BY TEN PERCENT. Notwithstanding any inconsistent
provision of subparagraph (i) of paragraph (e) of subdivision nine of
this section, capital related inpatient expenses of a general hospital
included in the computation of rates of payment based on a budget shall
not be included in the computation of a volume adjustment made in
accordance with such subparagraph. Adjustments to rates of payment for a
general hospital made pursuant to this paragraph shall be made in
accordance with paragraph (c) of subdivision eleven of this section.
Such adjustments shall not be carried forward except for such volume
adjustment as may be authorized in accordance with subparagraph (i) of
paragraph (e) of subdivision nine of this section for such general
hospital.
§ 3. Subdivision 5-d of section 2807-k of the public health law, as
amended by section 6 of part H of chapter 57 of the laws of 2019, is
amended to read as follows:
5-d. (a) Notwithstanding any inconsistent provision of this section,
section twenty-eight hundred seven-w of this article or any other
contrary provision of law, and subject to the availability of federal
financial participation, for periods on and after January first, two
thousand [thirteen] TWENTY, through March thirty-first, two thousand
[twenty] TWENTY-THREE, all funds available for distribution pursuant to
this section, except for funds distributed pursuant to subparagraph (v)
of paragraph (b) of subdivision five-b of this section, and all funds
available for distribution pursuant to section twenty-eight hundred
seven-w of this article, shall be reserved and set aside and distributed
in accordance with the provisions of this subdivision.
(b) The commissioner shall promulgate regulations, and may promulgate
emergency regulations, establishing methodologies for the distribution
of funds as described in paragraph (a) of this subdivision and such
regulations shall include, but not be limited to, the following:
(i) Such regulations shall establish methodologies for determining
each facility's relative uncompensated care need amount based on unin-
S. 7506--B 255 A. 9506--B
sured inpatient and outpatient units of service from the cost reporting
year two years prior to the distribution year, multiplied by the appli-
cable medicaid rates in effect January first of the distribution year,
as summed and adjusted by a statewide cost adjustment factor and reduced
by the sum of all payment amounts collected from such uninsured
patients, and as further adjusted by application of a nominal need
computation that shall take into account each facility's medicaid inpa-
tient share.
(ii) Annual distributions pursuant to such regulations for the two
thousand [thirteen] TWENTY through two thousand [twenty] TWENTY-TWO
calendar years shall be in accord with the following:
(A) one hundred thirty-nine million four hundred thousand dollars
shall be distributed as Medicaid Disproportionate Share Hospital ("DSH")
payments to major public general hospitals; and
(B) nine hundred [ninety-four] SIXTY-NINE million nine hundred thou-
sand dollars as Medicaid DSH payments to eligible general hospitals,
other than major public general hospitals.
FOR THE CALENDAR YEARS TWO THOUSAND TWENTY THROUGH TWO THOUSAND TWEN-
TY-TWO, THE TOTAL DISTRIBUTIONS TO ELIGIBLE GENERAL HOSPITALS, OTHER
THAN MAJOR PUBLIC GENERAL HOSPITALS, SHALL BE SUBJECT TO AN AGGREGATE
REDUCTION OF ONE HUNDRED FIFTY MILLION DOLLARS ANNUALLY, PROVIDED THAT
ELIGIBLE GENERAL HOSPITALS, OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS,
THAT QUALIFY AS ENHANCED SAFETY NET HOSPITALS UNDER SECTION TWO THOUSAND
EIGHT HUNDRED SEVEN-C OF THIS ARTICLE SHALL NOT BE SUBJECT TO SUCH
REDUCTION.
SUCH REDUCTION SHALL BE DETERMINED BY A METHODOLOGY TO BE ESTABLISHED
BY THE COMMISSIONER. SUCH METHODOLOGY MAY TAKE INTO ACCOUNT THE PAYOR
MIX OF EACH NON-PUBLIC GENERAL HOSPITAL, INCLUDING THE PERCENTAGE OF
INPATIENT DAYS PAID BY MEDICAID.
(iii)[(A) Such regulations shall establish transition adjustments to
the distributions made pursuant to clauses (A) and (B) of subparagraph
(ii) of this paragraph such that no facility experiences a reduction in
indigent care pool payments pursuant to this subdivision that is greater
than the percentages, as specified in clause (C) of this subparagraph as
compared to the average distribution that each such facility received
for the three calendar years prior to two thousand thirteen pursuant to
this section and section twenty-eight hundred seven-w of this article.
(B) Such regulations shall also establish adjustments limiting the
increases in indigent care pool payments experienced by facilities
pursuant to this subdivision by an amount that will be, as determined by
the commissioner and in conjunction with such other funding as may be
available for this purpose, sufficient to ensure full funding for the
transition adjustment payments authorized by clause (A) of this subpara-
graph.
(C) No facility shall experience a reduction in indigent care pool
payments pursuant to this subdivision that: for the calendar year begin-
ning January first, two thousand thirteen, is greater than two and one-
half percent; for the calendar year beginning January first, two thou-
sand fourteen, is greater than five percent; and, for the calendar year
beginning on January first, two thousand fifteen; is greater than seven
and one-half percent, and for the calendar year beginning on January
first, two thousand sixteen, is greater than ten percent; and for the
calendar year beginning on January first, two thousand seventeen, is
greater than twelve and one-half percent; and for the calendar year
beginning on January first, two thousand eighteen, is greater than
fifteen percent; and for the calendar year beginning on January first,
S. 7506--B 256 A. 9506--B
two thousand nineteen, is greater than seventeen and one-half percent;
and for the calendar year beginning on January first, two thousand twen-
ty, is greater than twenty percent] FOR CALENDAR YEARS TWO THOUSAND
TWENTY THROUGH TWO THOUSAND TWENTY-TWO, SIXTY-FOUR MILLION SIX HUNDRED
THOUSAND DOLLARS SHALL BE DISTRIBUTED TO ELIGIBLE GENERAL HOSPITALS,
OTHER THAN MAJOR PUBLIC GENERAL HOSPITALS, THAT EXPERIENCE A REDUCTION
IN INDIGENT CARE POOL PAYMENTS PURSUANT TO THIS SUBDIVISION, AND THAT
QUALIFY AS ENHANCED SAFETY NET HOSPITALS UNDER SECTION TWO THOUSAND
EIGHT HUNDRED SEVEN-C OF THIS ARTICLE AS OF APRIL FIRST, TWO THOUSAND
TWENTY. SUCH DISTRIBUTION SHALL BE ESTABLISHED PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER AND SHALL BE PROPORTIONAL TO THE
REDUCTION EXPERIENCED BY THE FACILITY.
(iv) Such regulations shall reserve one percent of the funds available
for distribution in the two thousand fourteen and two thousand fifteen
calendar years, and for calendar years thereafter, pursuant to this
subdivision, subdivision fourteen-f of section twenty-eight hundred
seven-c of this article, and sections two hundred eleven and two hundred
twelve of chapter four hundred seventy-four of the laws of nineteen
hundred ninety-six, in a "financial assistance compliance pool" and
shall establish methodologies for the distribution of such pool funds to
facilities based on their level of compliance, as determined by the
commissioner, with the provisions of subdivision nine-a of this section.
(c) The commissioner shall annually report to the governor and the
legislature on the distribution of funds under this subdivision includ-
ing, but not limited to:
(i) the impact on safety net providers, including community providers,
rural general hospitals and major public general hospitals;
(ii) the provision of indigent care by units of services and funds
distributed by general hospitals; and
(iii) the extent to which access to care has been enhanced.
§ 4. Paragraph (b) of subdivision 35 of section 2807-c of the public
health law is amended by adding a new subparagraph (iv-a) to read as
follows:
(IV-A) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, SUCH RATES FOR
PUBLIC GENERAL HOSPITALS OR PUBLIC HEALTH SYSTEMS, OTHER THAN THOSE
OPERATED BY THE STATE OF NEW YORK OR THE STATE UNIVERSITY OF NEW YORK,
LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE SHALL
INCLUDE A RATE ADD-ON THAT REFLECTS REIMBURSEMENT FOR COSTS, TO THE
EXTENT PERMITTED UNDER 42 CFR 447.272(B)(1) AND BASED ON ACTUAL UTILIZA-
TION OF SERVICES. SUCH RATE ADD-ON SHALL BE CONTINGENT UPON FEDERAL
FINANCIAL PARTICIPATION AND APPROVAL, AND SUBJECT TO THE TERMS OF A
BINDING MEMORANDUM OF UNDERSTANDING EXECUTED BETWEEN THE DEPARTMENT OF
HEALTH AND THE PUBLIC GENERAL HOSPITAL OR PUBLIC HEALTH SYSTEM RECEIVING
THE RATE ADD-ON. IF PAYMENT OF SUCH RATE ADD-ON IS PROJECTED TO CAUSE
MEDICAID DISBURSEMENTS FOR SUCH PERIOD TO EXCEED THE PROJECTED DEPART-
MENT OF HEALTH MEDICAID STATE FUNDS IN THE ENACTED BUDGET FINANCIAL PLAN
PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-THREE OF THE STATE
FINANCE LAW, AS DETERMINED BY THE DIRECTOR OF THE BUDGET, OR MEMORANDUM
OF UNDERSTANDING IS NOT EXECUTED OR IS BREACHED, THE COMMISSIONER, IN
CONSULTATION WITH THE DIRECTOR OF BUDGET, MAY EITHER CANCEL OR REDUCE
PAYMENT OF SUCH RATE ADD-ON TO ACHIEVE COMPLIANCE WITH THE ENACTED BUDG-
ET FINANCIAL PLAN.
§ 5. Paragraph (e) of subdivision 2-a of section 2807 of the public
health law is amended by adding a new subparagraph (iv) to read as
follows:
S. 7506--B 257 A. 9506--B
(IV) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, REGULATIONS ISSUED
PURSUANT TO THIS PARAGRAPH FOR PUBLIC GENERAL HOSPITALS OR PUBLIC HEALTH
SYSTEMS, OTHER THAN THOSE OPERATED BY THE STATE OF NEW YORK OR THE STATE
UNIVERSITY OF NEW YORK, LOCATED IN A CITY HAVING A POPULATION OF ONE
MILLION OR MORE SHALL REFLECT ADDITIONAL REIMBURSEMENT FOR COSTS, TO THE
EXTENT PERMITTED UNDER 42 CFR 447.321(B)(1) AND BASED ON ACTUAL UTILIZA-
TION OF SERVICES. SUCH RATE ADD-ON SHALL BE CONTINGENT UPON FEDERAL
FINANCIAL PARTICIPATION AND APPROVAL, AND SUBJECT TO THE TERMS OF A
BINDING MEMORANDUM OF UNDERSTANDING EXECUTED BETWEEN THE DEPARTMENT OF
HEALTH AND THE PUBLIC GENERAL HOSPITAL OR PUBLIC HEALTH SYSTEM RECEIVING
THE RATE ADD-ON. IF PAYMENT OF SUCH RATE ADD-ON IS PROJECTED TO CAUSE
MEDICAID DISBURSEMENTS FOR SUCH PERIOD TO EXCEED THE PROJECTED DEPART-
MENT OF HEALTH MEDICAID STATE FUNDS IN THE ENACTED BUDGET FINANCIAL PLAN
PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-THREE OF THE STATE
FINANCE LAW, AS DETERMINED BY THE DIRECTOR OF THE BUDGET, OR THE MEMO-
RANDUM OF UNDERSTANDING IS NOT EXECUTED OR IS BREACHED, THE COMMISSION-
ER, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET, MAY EITHER CANCEL
OR REDUCE PAYMENT OF SUCH RATE ADD-ON TO ACHIEVE COMPLIANCE WITH THE
ENACTED BUDGET FINANCIAL PLAN.
§ 6. Notwithstanding any inconsistent provision of law or regulation
to the contrary, and subject to the availability of federal financial
participation pursuant to title XIX of the federal social security act,
effective for the period April 1, 2020 through March 31, 2021, and state
fiscal years thereafter, the department of health is authorized to pay a
rate adjustment either directly as fee for service medical assistance
payments to, or to managed care organizations authorized under article
44 of the public health law or article 43 of the insurance law that have
in their network, public general hospitals, as defined in subdivision 10
of section 2801 of the public health law, other than those operated by
the state of New York or the state university of New York, located in a
city with a population of over 1 million, as medical assistance payments
for inpatient services 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, contingent upon the
execution of a memorandum of understanding between the department of
health and the New York city health and hospitals corporation. The memo-
randum of understanding shall govern the terms, conditions, criteria and
methodologies for such rate adjustments and shall, at a minimum, set
forth: (a) the estimated amounts to be paid pursuant to such rate
adjustment; (b) the timing and methodology by which the city of New York
will fund any local share contribution, consistent with section 1905(cc)
of the federal social security act, or any successor provision, toward
the aggregate amount to be paid as part of the rate adjustment; and (c)
the methodology by which the anticipated total amount to be paid through
such rate adjustment will be funded in advance through an estimated
local share contribution and then reconciled with actual utilization of
services and application of the annual upper payment limit demonstration
to the extent required by the secretary of the United States Department
of Health and Human Services pursuant to 42 CFR 431.16, or any successor
provision. If the annual upper payment limit demonstration yields an
amount that is less than the aggregate amount paid in the rate adjust-
ment provided by the public health law, then the rate adjustment shall
be reduced to reflect the demonstration amount and other actions as
authorized by the memorandum of understanding. If the annual upper
payment limit demonstration yields an amount that is more than the
aggregate amount paid in the rate adjustment provided by the public
S. 7506--B 258 A. 9506--B
health law, the rate adjustment shall be adjusted to reflect the demon-
stration amount.
§ 7. Notwithstanding any inconsistent provision of law, rule or regu-
lation to the contrary, and subject to the availability of federal
financial participation pursuant to title XIX of the federal social
security act, effective for the period April 1, 2020 through March 31,
2021, and state fiscal years thereafter, the department of health is
authorized to increase the operating cost component of rates of payment
for general hospital outpatient services and general hospital emergency
room services issued pursuant to paragraph (g) of subdivision 2 of
section 2807 of the public health law for public general hospitals, as
defined in subdivision 10 of section 2801 of the public health law,
other than those operated by the state of New York or the state univer-
sity of New York, and located in a city with a population over one
million, as a rate adjustment either directly as fee for service medical
assistance payments or to managed care organizations authorized under
article 44 of the public health law or article 43 of the insurance law
that have in their network such hospitals, as medical assistance
payments for outpatient services 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,
contingent upon the execution of a memorandum of understanding between
the department of health and the New York city health and hospitals
corporation. The memorandum of understanding shall govern the terms,
conditions, criteria and methodologies for such rate adjustments and
shall, at a minimum, set forth: (a) the estimated amounts to be paid
pursuant to this rate adjustment; (b) the timing and methodology by
which the city of New York will fund any local share contribution,
consistent with section 1905(cc) of the federal social security act, or
any successor provision, toward the aggregate amount to be paid as part
of the rate adjustment; and (c) the methodology by which the anticipated
total amount to be paid through such rate adjustment will be funded in
advance through an estimated local share contribution and then recon-
ciled with actual utilization of services and application of the annual
upper payment limit demonstration to the extent required by the secre-
tary of the United States Department of Health and Human Services pursu-
ant to 42 CFR 431.16, or any successor provision. If the annual upper
payment limit demonstration yields an amount that is less than the
aggregate amount paid in the rate adjustment provided by the public
health law, then the rate adjustment shall be reduced to reflect the
demonstration amount and other actions as authorized by the memorandum
of understanding. If the annual upper payment limit demonstration yields
an amount that is more than the aggregate amount paid in the rate
adjustment provided by the public health law, the rate adjustment shall
be adjusted to reflect the demonstration amount.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020, provided,
further that sections three through nine of this act shall expire and be
deemed repealed March 31, 2023; provided further, however, that the
director of the budget may, in consultation with the commissioner of
health, delay the effective dates prescribed herein for a period of time
which shall not exceed ninety days following the conclusion or termi-
nation of an executive order issued pursuant to section 28 of the execu-
tive law declaring a state disaster emergency for the entire state of
New York, upon such delay the director of budget shall notify the chairs
of the assembly ways and means committee and senate finance committee
S. 7506--B 259 A. 9506--B
and the chairs of the assembly and senate health committee; provided
further, however, that the director of the budget shall notify the
legislative bill drafting commission upon the occurrence of a delay in
the effective date of this act 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.
PART LL
Section 1. Intentionally omitted.
§ 2. 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. (A) The commissioner of health is authorized to assume responsibil-
ity from a local social services official for the provision and
reimbursement of transportation costs under this section. If the commis-
sioner 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 certif-
icates of authority under section forty-four hundred three-f of the
public health law. Any transportation manager or managers selected by
the commissioner to manage transportation services shall have proven
experience in 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 transportation based on documented patient medical
need; and development of new technologies leading to efficient transpor-
tation services. If the commissioner elects to assume such responsibil-
ity from a local social services district, the commissioner shall exam-
ine 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 developed by transportation managers under this
subdivision shall be subject to the review and approval of the commis-
sioner.
(B)(I) SUBJECT TO FEDERAL FINANCIAL PARTICIPATION, FOR PERIODS ON AND
AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE, IN ORDER TO MORE COST-EFFEC-
TIVELY PROVIDE NON-EMERGENCY TRANSPORTATION TO MEDICAID BENEFICIARIES
WHO NEED ACCESS TO MEDICAL CARE AND SERVICES, THE COMMISSIONER IS
AUTHORIZED TO CONTRACT WITH ONE OR MORE TRANSPORTATION MANAGEMENT
BROKERS TO MANAGE SUCH TRANSPORTATION ON A STATEWIDE OR REGIONAL BASIS,
AS DETERMINED BY THE COMMISSIONER, IN ACCORDANCE WITH THE FEDERAL SOCIAL
SECURITY ACT AS FOLLOWS:
(A) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL BE SELECTED
THROUGH A COMPETITIVE BIDDING PROCESS BASED ON AN EVALUATION OF THE
BROKER'S EXPERIENCE, PERFORMANCE, REFERENCES, RESOURCES, QUALIFICATIONS
AND COSTS; PROVIDED, HOWEVER, THAT THE DEPARTMENT'S SELECTION PROCESS
S. 7506--B 260 A. 9506--B
SHALL BE MEMORIALIZED IN A PROCUREMENT RECORD AS DEFINED IN SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
(B) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL HAVE OVER-
SIGHT PROCEDURES TO MONITOR MEDICAID BENEFICIARY ACCESS AND COMPLAINTS
AND ENSURE THAT ENROLLED MEDICAID TRANSPORTATION PROVIDERS ARE LICENSED,
QUALIFIED, COMPETENT AND COURTEOUS.
(C) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL BE SUBJECT
TO REGULAR AUDITING AND OVERSIGHT BY THE DEPARTMENT IN ORDER TO ENSURE
THE QUALITY OF THE TRANSPORTATION SERVICES PROVIDED AND ADEQUACY OF
MEDICAID BENEFICIARY ACCESS TO MEDICAL CARE AND SERVICES.
(D) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS SHALL COMPLY WITH
REQUIREMENTS RELATED TO PROHIBITIONS ON REFERRALS AND CONFLICTS OF
INTEREST REQUIRED BY THE FEDERAL SOCIAL SECURITY ACT.
(II) THE TRANSPORTATION MANAGEMENT BROKER OR BROKERS MAY BE PAID A PER
MEMBER PER MONTH CAPITATED FEE OR A COMBINATION OF CAPITATION AND FIXED
COST REIMBURSEMENT AND THE CONTRACT SHALL INCLUDE, BUT NOT BE LIMITED
TO, RESPONSIBILITY FOR:
(A) ESTABLISHING A NETWORK OF HIGH-QUALITY MEDICAID ENROLLED PROVID-
ERS; PROVIDED, HOWEVER, THAT IN DEVELOPING SUCH NETWORK THE TRANSPORTA-
TION MANAGEMENT BROKER SHALL EVALUATE THE QUALIFICATIONS OF CURRENT
MEDICAID TRANSPORTATION PROVIDERS ON A PRIORITY BASIS FOR PARTICIPATION
IN ITS NETWORK, AND LEVERAGE REPUTABLE TRANSPORTATION PROVIDERS WITH A
PROVEN RECORD OF SERVING MEDICAID BENEFICIARIES WITH HIGH-QUALITY
SERVICES;
(B) CONTINUING OUTREACH TO MEDICAID ENROLLED PROVIDERS TO ASSESS AND
RESOLVE SERVICE QUALITY ISSUES;
(C) DEVELOPING MANDATORY CORRECTIVE ACTIONS FOR ANY MEDICAID ENROLLED
PROVIDER THAT FALLS UNDER QUALITY PERFORMANCE STANDARDS;
(D) ESTABLISHING A PRIOR APPROVAL PROCESS WHICH SHALL INCLUDE VERIFY-
ING MEDICAID ELIGIBILITY AND REVIEWING, APPROVING AND PROCESSING TRANS-
PORTATION ORDERS;
(E) MANAGING THE APPROPRIATE LEVEL OF TRANSPORTATION BASED ON DOCU-
MENTED PATIENT MEDICAL NEED TO ENSURE THAT MEDICAID BENEFICIARIES ARE
USING THE MOST MEDICALLY APPROPRIATE MODE OF TRANSPORTATION, INCLUDING
PUBLIC TRANSPORTATION, WHICH SHALL BE MAXIMIZED STATEWIDE, INCLUDING IN
RURAL AREAS; PROVIDED THAT WHEN DETERMINING THE APPROPRIATE LEVEL OF
TRANSPORTATION, THE TRANSPORTATION MANAGEMENT BROKER SHALL ENSURE THAT
PATIENTS HAVE REASONABLE AND TIMELY ACCESS TO MEDICALLY APPROPRIATE
TRANSPORTATION SERVICES;
(F) IMPLEMENTING TECHNOLOGIES TO EFFECTUATE EFFICIENT TRANSPORTATION
SERVICES, SUCH AS GPS, TO IMPROVE MATCH TO MODE OF TRANSPORTATION;
(G) ESTABLISHING FEES TO REIMBURSE ENROLLED MEDICAID TRANSPORTATION
PROVIDERS;
(H) ADJUDICATING AND PAYING CLAIMS SUBMITTED BY ENROLLED MEDICAID
TRANSPORTATION PROVIDERS;
(I) REPORTING ON PERFORMANCE ENCOMPASSING ALL ASPECTS OF THE TRANSPOR-
TATION PROGRAM, INCLUDING BUT NOT LIMITED TO MEDICAID BENEFICIARY
COMPLAINTS INCLUDING THE LENGTH OF TIME TO MAKE A COMPLIANT, WAIT TIMES
RELATED TO THE RECEIPT OF SERVICES BY A RECIPIENT, AND TRACKING MEDICAL
JUSTIFICATIONS TO MODES OF TRANSPORTATION PROVIDED;
(J) COLLABORATING WITH MEDICAID BENEFICIARIES AND CONSUMER GROUPS TO
IDENTIFY AND RESOLVE ISSUES TO INCREASE CONSUMER SATISFACTION;
(K) AUDITING CANCELLATION DATA ON A QUARTERLY BASIS TO ENSURE ACCURA-
CY;
S. 7506--B 261 A. 9506--B
(L) COORDINATING MEDICAL BENEFITS AND TRANSPORTATION WITH MEDICAID
MANAGED CARE ORGANIZATIONS, INCLUDING DEVELOPMENT OF VALUE BASED
PAYMENTS FOR TRANSPORTATION SERVICES; AND
(M) SUCH CONTRACTS SHALL INCLUDE PENALTIES FOR INCORRECT DENIALS,
UNRESOLVED COMPLAINT RATES, UNFULFILLED TRIPS, AND ANY OTHER CRITERIA
DETERMINED BY THE COMMISSIONER AND SPECIFIED IN THE COMPETITIVE BIDDING
PROCESS.
(III) A TRANSPORTATION MANAGEMENT BROKER WITH WHICH THE COMMISSIONER
CONTRACTS SHALL FILE WITH THE COMMISSIONER A BOND ISSUED BY AN INSURER
AUTHORIZED TO WRITE FIDELITY AND SURETY INSURANCE IN THIS STATE, IN AN
AMOUNT AND FORM TO BE DETERMINED BY THE COMMISSIONER. THE PURPOSE OF
THE SURETY BOND SHALL BE TO PROVIDE THE SOLE SOURCE OF RECOURSE TO
PROVIDERS OF MEDICAID TRANSPORTATION SERVICES, OTHER THAN THE TRANSPOR-
TATION MANAGEMENT BROKER, THAT CANNOT RECEIVE PAYMENT FOR SERVICES PROP-
ERLY PROVIDED IF THE TRANSPORTATION MANAGEMENT BROKER BECOMES INSOLVENT.
TO THE EXTENT PERMITTED BY LAW, THE SURETY BOND SHALL PROVIDE THAT ANY
FUNDS THAT REMAIN AFTER SUCH PROVIDER LIABILITIES ARE SATISFIED SHALL BE
PAID TO THAT STATE.
(IV) A TRANSPORTATION MANAGEMENT BROKER WITH WHICH THE COMMISSIONER
CONTRACTS SHALL PROVIDE TO MEDICAID ENROLLED PROVIDERS ANNUALLY A
CONSPICUOUS WRITTEN DISCLOSURE THAT STATES THE FOLLOWING: "THE NEW YORK
STATE DEPARTMENT OF HEALTH HAS CONTRACTED WITH THIS TRANSPORTATION
MANAGEMENT BROKER TO ARRANGE NON-EMERGENCY TRANSPORTATION FOR MEDICAID
BENEFICIARIES WHO NEED ACCESS TO MEDICAL CARE AND SERVICES AND IS PAYING
THE TRANSPORTATION MANAGEMENT BROKER A PER MEMBER PER MONTH CAPITATED
FEE OR A COMBINATION OF CAPITATION AND FIXED COST REIMBURSEMENT. THIS
TRANSPORTATION MANAGEMENT BROKER IS NOT LICENSED BY THE NEW YORK STATE
DEPARTMENT OF FINANCIAL SERVICES AS AN INSURER AND IS NOT SUBJECT TO ITS
SUPERVISION AS AN INSURER. THIS TRANSPORTATION MANAGEMENT BROKER IS NOT
PROTECTED BY NEW YORK SECURITY FUNDS AND THERE WILL NOT BE ANY RIGHT TO
RECOVER AGAINST THE DEPARTMENT OF HEALTH, DEPARTMENT OF FINANCIAL
SERVICES, OR THIS STATE IN THE EVENT OF THE TRANSPORTATION MANAGEMENT
BROKER'S INSOLVENCY.
(V) TO THE EXTENT PRACTICABLE, THE COMPETITIVE BIDDING AND CONTRACTING
PROCESS MAYBE COMPLETED BY APRIL FIRST, TWO THOUSAND TWENTY-ONE;
PROVIDED, HOWEVER, SUCH CONTRACT MAY BE EFFECTIVE AT SOME DATE AFTER
APRIL FIRST, TWO THOUSAND TWENTY-ONE, IF THE PROCESS TAKES LONGER TO
COMPLETE.
(VI) RESPONSIBILITY FOR TRANSPORTATION SERVICES PROVIDED OR ARRANGED
FOR ENROLLEES OF MANAGED LONG TERM CARE PLANS ISSUED CERTIFICATES OF
AUTHORITY UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THE PUBLIC HEALTH
LAW, NOT INCLUDING A PROGRAM DESIGNATED AS A PROGRAM OF ALL-INCLUSIVE
CARE FOR THE ELDERLY (PACE) AS AUTHORIZED BY FEDERAL PUBLIC LAW 1053-33,
SUBTITLE I OF TITLE IV OF THE BALANCED BUDGET ACT OF 1997, AND, AT THE
COMMISSIONER'S DISCRETION, OTHER PLANS THAT INTEGRATE BENEFITS FOR DUAL-
LY ELIGIBLE MEDICARE AND MEDICAID BENEFICIARIES BASED ON A DEMONSTRATION
BY THE PLAN THAT INCLUSION OF TRANSPORTATION WITHIN THE BENEFIT PACKAGE
WILL RESULT IN COST EFFICIENCIES AND QUALITY IMPROVEMENT, SHALL BE
TRANSFERRED TO A TRANSPORTATION MANAGEMENT BROKER THAT HAS A CONTRACT
WITH THE COMMISSIONER IN ACCORDANCE WITH THIS PARAGRAPH. PROVIDERS OF
ADULT DAY HEALTH CARE MAY ELECT TO, BUT SHALL NOT BE REQUIRED TO, USE
THE SERVICES OF THE TRANSPORTATION MANAGEMENT BROKER.
§ 2-a. For periods on and after April 1, 2020, Medicaid transporta-
tion rates for the taxi/livery/van (non-ambulette) category of service
in effect on April 1, 2020 shall be reduced by 7.5%, relative to rates
in effect on March 31, 2020, and for periods on and after December 1,
S. 7506--B 262 A. 9506--B
2020, such rates in effect on November 30, 2020, shall be further
reduced by 7.5%, relative to rates in effect on March 31, 2020;
provided, however, such rate reductions may be adjusted if the commis-
sioner of health determines there are Medicaid transportation access
issues in a region, including rural areas.
§ 2-b. Providers of adult day health care may elect to, but shall not
be required to, use the services of the transportation manager or manag-
ers described in section 365-h of the social services law.
§ 3. The commissioner of health shall seek, pursuant to a state plan
amendment, authorization to establish and administer a program for the
federal financial participation in reimbursement for ground emergency
medical transportation services provided to Medicaid beneficiaries by
eligible transportation providers on a voluntary basis. The commissioner
of health may promulgate regulations, including emergency regulations,
in order to implement the provisions of this section.
1. Such program shall establish a payment methodology for supplemental
reimbursement that shall require the eligible transportation provider
file cost reports and data as required by the commissioner of health,
and certify that:
(a) in accordance with 42 C.F.R. section 433.51 or any successor regu-
lation, the claimed expenditures for the ground emergency medical trans-
portation services are eligible for federal financial participation; and
(b) the amount certified pursuant to paragraph (a) of this subdivision
when combined with amounts received from all other sources of reimburse-
ment from the Medicaid program does not exceed one hundred percent of
actual costs, as determined in accordance with the Medicaid state plan,
for ground emergency transportation services.
2. Eligible transportation providers receiving supplemental reimburse-
ment pursuant to this subdivision shall not receive non-comparable cost
reimbursement for the Medicaid costs associated with ambulance services
as provided in subparagraph (i) of paragraph (b) of subdivision 35 of
section 2807-c of the public health law and as may be further defined
regulations issued by the commissioner of health and shall not report
such costs as Medicaid reimbursable costs in the institutional cost
report.
3. For the purposes of this section, an "eligible transportation
provider" shall mean:
(a) a provider who provides ground emergency medical transportation
services to Medicaid beneficiaries; and
(b) is enrolled as a Medicaid provider for the period being claimed;
and
(c) is owned or operated by the state, a political subdivision or
local government, that employs or contracts with persons or entities
licensed to provide emergency medical services in New York state, and
includes private entities to the extent permissible under federal law.
§ 4. Section 365-h of the social services law is amended by adding a
new subdivision 6 to read as follows:
6. (A) THE COMMISSIONER OF HEALTH SHALL REQUIRE TRANSPORTATION PROVID-
ERS ENROLLED IN THE MEDICAID PROGRAM AND SPECIFIED BY THE COMMISSIONER
PURSUANT TO REGULATION, TO REPORT THE COSTS INCURRED IN PROVIDING TRANS-
PORTATION SERVICES TO MEDICAID BENEFICIARIES PURSUANT TO THIS SECTION;
PROVIDED, HOWEVER, THIS REQUIREMENT SHALL ONLY APPLY IF THERE IS NO
TRANSPORTATION MANAGEMENT BROKER CONTRACT AUTHORIZED IN SUBDIVISION FOUR
OF THIS SECTION. THE COMMISSIONER SHALL SPECIFY THE FREQUENCY AND
FORMAT OF SUCH REPORTS AND DETERMINE THE TYPE AND AMOUNT OF INFORMATION
REQUIRED TO BE SUBMITTED, INCLUDING SUPPORTING DOCUMENTATION, PROVIDED
S. 7506--B 263 A. 9506--B
THAT SUCH REPORTS SHALL BE NO MORE FREQUENT THAN QUARTERLY. THE COMMIS-
SIONER SHALL GIVE ALL TRANSPORTATION PROVIDERS NO LESS THAN NINETY
CALENDAR DAYS' NOTICE BEFORE SUCH REPORTS ARE DUE.
(B) IF THE COMMISSIONER DETERMINES THAT THE COST REPORT SUBMITTED BY A
MEDICAID TRANSPORTATION PROVIDER IS INACCURATE OR INCOMPLETE, THE
COMMISSIONER SHALL NOTIFY SUCH PROVIDER IN WRITING AND ADVISE THE
PROVIDER OF THE CORRECTION OR ADDITIONAL INFORMATION THAT THE PROVIDER
MUST SUBMIT. THE PROVIDER SHALL SUBMIT THE CORRECTED OR ADDITIONAL
INFORMATION WITHIN THIRTY CALENDAR DAYS FROM THE DATE THE PROVIDER
RECEIVES THE NOTICE.
(C) THE COMMISSIONER SHALL GRANT A PROVIDER AN ADDITIONAL THIRTY
CALENDAR DAYS TO SUBMIT THE ORIGINAL COST REPORT, OR CORRECTED OR ADDI-
TIONAL INFORMATION REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
SION ONLY WHEN THE PROVIDER SUBMITS A WRITTEN REQUEST TO THE COMMISSION-
ER FOR AN EXTENSION PRIOR TO THE DUE DATE AND ESTABLISHES TO THE
SATISFACTION OF THE COMMISSIONER THAT THE PROVIDER CANNOT SUBMIT THE
COST REPORT OR CORRECTED OR ADDITIONAL INFORMATION BY THE DUE DATE FOR
REASONS BEYOND THE PROVIDER'S CONTROL.
§ 5. Intentionally omitted.
§ 6. Intentionally omitted.
§ 7. Intentionally omitted.
§ 8. Intentionally omitted.
§ 9. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that section two of this act shall take effect April 1, 2021;
provided, further that the amendments to subdivisions 4 and 6 of section
365-h of the social services law made by sections two and four of this
act shall be subject to the expiration and reversion of such section
pursuant to subdivision (a) of section 40 of part B of chapter 109 of
the laws of 2010, as amended; provided further, however, that the direc-
tor of the budget may, in consultation with the commissioner of health,
delay the effective dates prescribed herein for a period of time which
shall not exceed ninety days following the conclusion or termination of
an executive order issued pursuant to section 28 of the executive law
declaring a state disaster emergency for the entire state of New York,
upon such delay the director of the budget shall notify the chairs of
the assembly ways and means committee and the senate finance committee
and the chairs of the assembly and senate health committee; provided
further, however, that the director of the budget shall notify the
legislative bill drafting commission upon the occurrence of a delay in
the effective date of this act 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.
PART MM
Section 1. Intentionally omitted.
§ 2. Subparagraphs (i) and (ii) of paragraph (e) of subdivision 2 of
section 365-a of the social services law, as amended by section 36-a of
part B of chapter 57 of the laws of 2015, are amended to read as
follows:
(i) personal care services, including personal emergency response
services, shared aide and an individual aide, subject to the provisions
of subparagraphs (ii), (iii), [and] (iv), (V) AND (VI) of this para-
S. 7506--B 264 A. 9506--B
graph, furnished to an individual who is not an inpatient or resident of
a hospital, nursing facility, intermediate care facility for [the
mentally retarded] INDIVIDUALS WITH INTELLECTUAL DISABILITIES, or insti-
tution for mental disease, as determined to meet the recipient's needs
for assistance when cost effective and appropriate, and when prescribed
by a QUALIFIED INDEPENDENT physician SELECTED OR APPROVED BY THE DEPART-
MENT OF HEALTH, in accordance with the recipient's plan of treatment and
provided by individuals who are qualified to provide such services, who
are supervised by a registered nurse and who are not members of the
recipient's family, and furnished in the recipient's home or other
location;
(ii) the commissioner is authorized to adopt standards, pursuant to
emergency regulation, for the provision [and], management AND ASSESSMENT
of services available under this paragraph for individuals whose need
for such services exceeds a specified level to be determined by the
commissioner, AND WHO WITH THE PROVISION OF SUCH SERVICES IS CAPABLE OF
SAFELY REMAINING IN THE COMMUNITY IN ACCORDANCE WITH THE STANDARDS SET
FORTH IN OLMSTEAD V. LC BY ZIMRING, 527 US 581 (1999) AND CONSIDER
WHETHER AN INDIVIDUAL IS CAPABLE OF SAFELY REMAINING IN THE COMMUNITY;
§ 2-a. Paragraph (e) of subdivision 2 of section 365-a of the social
services law is amended by adding two new subparagraphs (v) and (vi) to
read as follows:
(V) SUBJECT TO THE AVAILABILITY OF FEDERAL FINANCIAL PARTICIPATION,
PERSONAL CARE SERVICES OTHER THAN PERSONAL EMERGENCY RESPONSE SERVICES
AVAILABLE PURSUANT TO THIS PARAGRAPH SHALL BE AVAILABLE ONLY TO INDIVID-
UALS ASSESSED AS NEEDING AT LEAST LIMITED ASSISTANCE WITH PHYSICAL
MANEUVERING WITH MORE THAN TWO ACTIVITIES OF DAILY LIVING, OR FOR INDI-
VIDUALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNOSIS, ASSESSED AS NEEDING AT
LEAST SUPERVISION WITH MORE THAN ONE ACTIVITY OF DAILY LIVING, AS
DEFINED AND DETERMINED BY USING AN EVIDENCED BASED VALIDATED ASSESSMENT
INSTRUMENT APPROVED BY THE COMMISSIONER AND IN ACCORDANCE WITH REGU-
LATIONS OF THE DEPARTMENT AND ANY APPLICABLE STATE AND FEDERAL LAWS BY
AN INDEPENDENT ASSESSOR. THE PROVISIONS OF THIS SUBPARAGRAPH SHALL ONLY
APPLY TO INDIVIDUALS WHO RECEIVE AN INITIAL AUTHORIZATION FOR SUCH
SERVICES ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY;
(VI) IN ESTABLISHING ANY STANDARDS FOR THE PROVISION, MANAGEMENT OR
ASSESSMENT OF PERSONAL CARE SERVICES THE STATE SHALL MEET THE STANDARDS
SET FORTH IN OLMSTEAD V. LC BY ZIMRING, 527 US 581 (1999) AND CONSIDER
WHETHER AN INDIVIDUAL IS CAPABLE OF SAFELY REMAINING IN THE COMMUNITY;
§ 2-b. Paragraph (a) of subdivision 2 of section 365-f of the social
services law, as added by chapter 81 of the laws of 1995, is amended to
read as follows:
(a) is eligible for long term care and services provided by a certi-
fied home health agency, long term home health care program or AIDS home
care program authorized pursuant to article thirty-six of the public
health law, or is eligible for personal care services provided pursuant
to this article, AND WHO WITH THE PROVISION OF SUCH SERVICES IS CAPABLE
OF SAFELY REMAINING IN THE COMMUNITY IN ACCORDANCE WITH THE STANDARDS
SET FORTH IN OLMSTEAD V. LC BY ZIMRING, 527 US 581 (1999) AND CONSIDER
WHETHER AN INDIVIDUAL IS CAPABLE OF SAFELY REMAINING IN THE COMMUNITY;
§ 3. Paragraph (c) of subdivision 2 of section 365-f of the social
services law, as amended by chapter 511 of the laws of 2015, is amended
to read as follows:
(c) has been determined by the social services district, pursuant to
an assessment of the person's appropriateness for the program, conducted
with an appropriate long term home health care program, a certified home
S. 7506--B 265 A. 9506--B
health agency, or an AIDS home care program or pursuant to the personal
care program, as being in need of home care services or private duty
nursing and AS NEEDING AT LEAST LIMITED ASSISTANCE WITH PHYSICAL MANEU-
VERING WITH MORE THAN TWO ACTIVITIES OF DAILY LIVING, OR FOR PERSONS
WITH A DEMENTIA OR ALZHEIMER'S DIAGNOSIS, AS NEEDING AT LEAST SUPER-
VISION WITH MORE THAN ONE ACTIVITY OF DAILY LIVING, PROVIDED THAT THE
PROVISIONS RELATED TO ACTIVITIES OF DAILY LIVING IN THIS PARAGRAPH SHALL
ONLY APPLY TO PERSONS WHO INITIALLY SEEK ELIGIBILITY FOR THE PROGRAM ON
OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY, AND WHO is able and willing
or has a designated representative, including a legal guardian able and
willing to make informed choices, or a designated relative or other
adult who is able and willing to assist in making informed choices, as
to the type and quality of services, including but not limited to such
services as nursing care, personal care, transportation and respite
services; and
§ 4. Paragraph (a) of subdivision 6 of section 4403-f of the public
health law, as amended by section 41-b of part H of chapter 59 of the
laws of 2011, is amended to read as follows:
(a) An applicant shall be issued a certificate of authority as a
managed long term care plan upon a determination by the commissioner
that the applicant complies with the operating requirements for a
managed long term care plan under this section. The commissioner shall
issue no more than seventy-five certificates of authority to managed
long term care plans pursuant to this section. NOTHING IN THIS SECTION
SHALL BE CONSTRUED AS REQUIRING THE DEPARTMENT TO CONTRACT WITH OR TO
CONTRACT FOR A PARTICULAR LINE OF BUSINESS WITH AN ENTITY CERTIFIED
UNDER THIS SECTION FOR THE PROVISION OF SERVICES AVAILABLE UNDER TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW.
§ 5. Subdivision 6 of section 4403-f of the public health law is
amended by adding three new paragraphs (d), (e) and (f) to read as
follows:
(D) (I) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, AND EXPIRING MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE COMMISSIONER SHALL PLACE A
MORATORIUM ON THE PROCESSING AND APPROVAL OF APPLICATIONS SEEKING A
CERTIFICATE OF AUTHORITY AS A MANAGED LONG TERM CARE PLAN PURSUANT TO
THIS SECTION, INCLUDING APPLICATIONS SEEKING AUTHORIZATION TO EXPAND AN
EXISTING MANAGED LONG TERM CARE PLAN'S APPROVED SERVICE AREA OR SCOPE OF
ELIGIBLE ENROLLEE POPULATIONS. SUCH MORATORIUM SHALL NOT APPLY TO:
(A) APPLICATIONS SUBMITTED TO THE DEPARTMENT PRIOR TO JANUARY FIRST,
TWO THOUSAND TWENTY;
(B) APPLICATIONS SEEKING APPROVAL TO TRANSFER OWNERSHIP OR CONTROL OF
AN EXISTING MANAGED LONG TERM CARE PLAN;
(C) APPLICATIONS DEMONSTRATING TO THE COMMISSIONER'S SATISFACTION THAT
SUBMISSION OF THE APPLICATION FOR CONSIDERATION WOULD BE APPROPRIATE TO
ADDRESS A SERIOUS CONCERN WITH CARE DELIVERY, SUCH AS A LACK OF ADEQUATE
ACCESS TO MANAGED LONG TERM CARE PLANS IN A GEOGRAPHIC AREA OR A LACK OF
ADEQUATE AND APPROPRIATE CARE, LANGUAGE AND CULTURAL COMPETENCE, OR
SPECIAL NEEDS SERVICES; AND
(D) APPLICATIONS SEEKING TO OPERATE UNDER THE PACE (PROGRAM OF ALL-IN-
CLUSIVE CARE FOR THE ELDERLY) MODEL AS AUTHORIZED BY FEDERAL PUBLIC LAW
105-33, SUBTITLE I OF TITLE IV OF THE BALANCED BUDGET ACT OF 1997, OR TO
SERVE INDIVIDUALS DUALLY ELIGIBLE FOR SERVICES AND BENEFITS UNDER TITLES
XVIII AND XIX OF THE FEDERAL SOCIAL SECURITY ACT IN CONJUNCTION WITH AN
AFFILIATED MEDICARE DUAL ELIGIBLE SPECIAL NEEDS PLAN, BASED ON THE NEED
FOR SUCH PLANS AND THE EXPERIENCE OF APPLICANTS IN SERVING DUALLY ELIGI-
BLE INDIVIDUALS AS DETERMINED BY THE COMMISSIONER IN THEIR DISCRETION.
S. 7506--B 266 A. 9506--B
(II) FOR THE DURATION OF THE MORATORIUM, THE COMMISSIONER SHALL ASSESS
THE PUBLIC NEED FOR MANAGED LONG TERM CARE PLANS THAT ARE NOT INTEGRATED
WITH AN AFFILIATED MEDICARE PLAN, THE ABILITY OF SUCH PLANS TO PROVIDE
HIGH QUALITY AND COST EFFECTIVE CARE FOR THEIR MEMBERSHIP, AND BASED ON
SUCH ASSESSMENT DEVELOP A PROCESS AND CONDUCT AN ORDERLY WIND-DOWN AND
ELIMINATION OF SUCH PLANS, WHICH SHALL COINCIDE WITH THE EXPIRATION OF
THE MORATORIUM UNLESS THE COMMISSIONER DETERMINES THAT A LONGER WIND-
DOWN PERIOD IS NEEDED.
(E) FOR THE DURATION OF THE MORATORIUM UNDER PARAGRAPH (D) OF THIS
SUBDIVISION, THE COMMISSIONER SHALL ESTABLISH, AND ENFORCE BY MEANS OF A
PREMIUM WITHHOLDING EQUAL TO THREE PERCENT OF THE BASE RATE, AN ANNUAL
CAP ON TOTAL ENROLLMENT (ENROLLMENT CAP) FOR EACH MANAGED LONG TERM CARE
PLAN, SUBJECT TO SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH, BASED
ON A PERCENTAGE OF EACH PLAN'S REPORTED ENROLLMENT AS OF OCTOBER FIRST,
TWO THOUSAND TWENTY.
(I) THE SPECIFIC PERCENTAGE OF EACH PLAN'S ENROLLMENT CAP SHALL BE
ESTABLISHED BY THE COMMISSIONER BASED ON: (A) THE ABILITY OF INDIVIDUALS
ELIGIBLE FOR SUCH PLANS TO ACCESS HEALTH AND LONG TERM CARE SERVICES,
(B) PLAN QUALITY OF CARE SCORES, (C) HISTORICAL PLAN DISENROLLMENT, (D)
THE PROJECTED GROWTH OF INDIVIDUALS ELIGIBLE FOR SUCH PLANS IN DIFFERENT
REGIONS OF THE STATE, (E) HISTORICAL PLAN ENROLLMENT OF PATIENTS WITH
VARYING LEVELS OF NEED AND ACUITY, AND (F) OTHER FACTORS IN THE COMMIS-
SIONER'S DISCRETION TO ENSURE COMPLIANCE WITH FEDERAL REQUIREMENTS,
APPROPRIATE ACCESS TO PLAN SERVICES, AND CHOICE BY ELIGIBLE INDIVIDUALS.
(II) IN THE EVENT THAT A PLAN EXCEEDS ITS ANNUAL ENROLLMENT CAP, THE
COMMISSIONER IS AUTHORIZED UNDER THIS PARAGRAPH TO RETAIN ALL OR A
PORTION OF THE PREMIUM WITHHELD BASED ON THE AMOUNT OVER WHICH A PLAN
EXCEEDS ITS ENROLLMENT CAP. PENALTIES ASSESSED PURSUANT TO THIS SUBDIVI-
SION SHALL BE DETERMINED BY REGULATION.
(III) THE COMMISSIONER MAY NOT ESTABLISH AN ANNUAL CAP ON TOTAL
ENROLLMENT UNDER THIS PARAGRAPH FOR PLANS' LINES OF BUSINESS OPERATING
UNDER THE PACE (PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY) MODEL AS
AUTHORIZED BY FEDERAL PUBLIC LAW 105-33, SUBTITLE I OF TITLE IV OF THE
BALANCED BUDGET ACT OF 1997, OR THAT SERVE INDIVIDUALS DUALLY ELIGIBLE
FOR SERVICES AND BENEFITS UNDER TITLES XVIII AND XIX OF THE FEDERAL
SOCIAL SECURITY ACT IN CONJUNCTION WITH AN AFFILIATED MEDICARE DUAL
ELIGIBLE SPECIAL NEEDS PLAN.
(F) IN IMPLEMENTING THE PROVISIONS OF PARAGRAPHS (D) AND (E) OF THIS
SUBDIVISION, THE COMMISSIONER SHALL, TO THE EXTENT PRACTICABLE, CONSIDER
AND SELECT METHODOLOGIES THAT SEEK TO MAXIMIZE CONTINUITY OF CARE AND
MINIMIZE DISRUPTION TO THE PROVIDER LABOR WORKFORCE, AND SHALL, TO THE
EXTENT PRACTICABLE AND CONSISTENT WITH THE RATIOS SET FORTH HEREIN,
CONTINUE TO SUPPORT CONTRACTS BETWEEN MANAGED LONG TERM CARE PLANS AND
LICENSED HOME CARE SERVICES AGENCIES THAT ARE BASED ON A COMMITMENT TO
QUALITY AND VALUE.
§ 5-a. Subparagraph (vi) of paragraph (b) of subdivision 7 of section
4403-f of the public health law, as added by section 41-b of part H of
chapter 59 of the laws of 2011, is amended to read as follows:
(vi) persons required to enroll in the managed long term care program
or other care coordination model established pursuant to this paragraph
shall have no less than thirty days to select a managed long term care
provider, and shall be provided with information to make an informed
choice. Where a participant has not selected such a provider, the
commissioner shall assign such participant to a managed long term care
provider, taking into account CONSISTENCY WITH ANY PRIOR COMMUNITY-BASED
DIRECT CARE WORKERS HAVING RECENTLY SERVED THE RECIPIENT, quality
S. 7506--B 267 A. 9506--B
PERFORMANCE CRITERIA, capacity and geographic accessibility. DURING THE
PERIOD PRIOR TO RECEIVING SERVICES FROM A MANAGED LONG TERM CARE PROVID-
ER ASSIGNED UNDER THIS SUBPARAGRAPH, THE PERSON MAY RECEIVE SERVICES
UNDER FEE FOR SERVICE MEDICAID.
§ 6. Paragraph (b) of subdivision 7 of section 4403-f of the public
health law is amended by adding a new subparagraph (iii) to read as
follows:
(III) NOTWITHSTANDING AND IN ADDITION TO ANY PROVISION OF SUBPARAGRAPH
(I) OF THIS PARAGRAPH AND SUBJECT TO ANY FEDERAL REQUIREMENTS, PERSONS
DUALLY ELIGIBLE FOR MEDICAL ASSISTANCE AND BENEFITS UNDER THE FEDERAL
MEDICARE PROGRAM WHO ARE ENROLLED IN A MEDICARE DUAL ELIGIBLE SPECIAL
NEEDS PLAN AND WHO DO NOT REQUIRE COMMUNITY-BASED LONG TERM CARE
SERVICES, AS SPECIFIED BY THE COMMISSIONER, FOR A CONTINUOUS PERIOD OF
MORE THAN ONE HUNDRED AND TWENTY DAYS SHALL BE REQUIRED TO ENROLL WITH
AN AVAILABLE AFFILIATED PLAN CERTIFIED PURSUANT TO THIS SECTION WHEN
PROGRAM FEATURES AND REIMBURSEMENT RATES ARE APPROVED BY THE COMMISSION-
ER.
§ 7. Subdivision 4-a of section 71 of part C of chapter 60 of the laws
of 2014, amending the social services law relating to fair hearings
within the Fully Integrated Duals Advantage program, as amended by chap-
ter 106 of the laws of 2018, 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, [2021] 2024;
§ 8. Subdivision 2-a of section 22 of the social services law, as
added by section 22 of part C of chapter 60 of the laws of 2014, is
amended to read as follows:
2-a. With regard to fair hearings held in connection with appeals
[under the fully integrated duals advantage demonstration program] FOR
INTEGRATED FAIR HEARING AND APPEALS PROCESSES FOR INDIVIDUALS DUALLY
ELIGIBLE FOR MEDICAL ASSISTANCE AND BENEFITS AVAILABLE UNDER TITLES
XVIII AND XIX OF THE FEDERAL SOCIAL SECURITY ACT, the commissioner may
contract for the sole purpose of assisting staff of the office for such
purpose.
§ 9. Subdivision 1 of section 4013 of the public health law, as added
by section 26 of part J of chapter 82 of the laws of 2002, is amended to
read as follows:
1. The commissioner shall, subject to the provisions of subdivision
two of this section, increase medical assistance rates of payment by UP
TO three percent for hospice services provided on and after December
first, two thousand two, for purposes of improving recruitment and
retention of non-supervisory workers or workers with direct patient care
responsibility.
§ 10. The public health law is amended by adding a new section 3605-c
to read as follows:
§ 3605-C. AUTHORIZATION TO ENROLL AND PROVIDE MEDICAL ASSISTANCE. 1.
A LICENSED HOME CARE SERVICES AGENCY (LHCSA) SHALL NOT ENROLL AS A
PROVIDER IN THE MEDICAL ASSISTANCE PROGRAM OPERATED PURSUANT TO TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW OR PROVIDE OR CLAIM
FOR SERVICES PURSUANT THERETO, WHETHER PROVIDED UNDER THE STATE PLAN, A
WAIVER THERETO OR THROUGH A MANAGED CARE ORGANIZATION, WITHOUT BEING
AUTHORIZED TO DO SO BY CONTRACT WITH THE DEPARTMENT ENTERED INTO PURSU-
ANT TO THIS SECTION. AUTHORIZATION UNDER THIS SECTION SHALL NOT SUBSTI-
TUTE FOR OR DUPLICATE THE REQUIREMENTS OF LICENSURE UNDER THIS ARTICLE
OR THE SCREENING AND ENROLLMENT PROCESS REQUIRED FOR PARTICIPATION IN
THE MEDICAL ASSISTANCE PROGRAM.
S. 7506--B 268 A. 9506--B
2. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, OR SECTIONS ONE HUNDRED FORTY-TWO
AND ONE HUNDRED FORTY-THREE OF THE ECONOMIC DEVELOPMENT LAW, THE COMMIS-
SIONER SHALL ENTER INTO A SUFFICIENT NUMBER OF CONTRACTS WITH LHCSAS TO
ENSURE MEDICAL ASSISTANCE RECIPIENTS HAVE ACCESS TO CARE AND SERVICES,
PROVIDED, HOWEVER, THAT:
(A) THE DEPARTMENT SHALL POST ON ITS WEBSITE FOR A PERIOD OF NO LESS
THAN THIRTY DAYS:
(I) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO
THE CONTRACT OR CONTRACTS;
(II) THE CRITERIA FOR SELECTION OF LHCSA CONTRACTORS, INCLUDING BUT
NOT LIMITED TO: LICENSURE UNDER THIS ARTICLE, THE ABILITY TO APPROPRI-
ATELY SERVE MEDICAL ASSISTANCE RECIPIENTS AS DETERMINED BY THE COMMIS-
SIONER, A GEOGRAPHIC DISTRIBUTION OF LHCSAS TO ENSURE ACCESS STATEWIDE
INCLUDING IN RURAL AND UNDERSERVED AREAS, DEMONSTRATED CULTURAL AND
LANGUAGE COMPETENCIES SPECIFIC TO THE POPULATION OF RECIPIENTS AND THOSE
OF THE AVAILABLE WORKFORCE, ABILITY TO PROVIDE TIMELY ASSISTANCE TO
RECIPIENTS, EXPERIENCE SERVING INDIVIDUALS WITH DISABILITIES, EFFICIENT
AND ECONOMIC ADMINISTRATION OF LHCSA SERVICES, AND DEMONSTRATED COMPLI-
ANCE WITH ALL APPLICABLE FEDERAL AND STATE LAWS AND REGULATIONS INCLUD-
ING, BUT NOT LIMITED TO, PAST COMPLIANCE WITH LABOR LAW AND EXISTING
WAGE AND LABOR STANDARDS, AND COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTU-
NITY REQUIREMENTS AND ANTI-DISCRIMINATION LAWS;
(III) THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY
SEEK SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH
INFORMATION IS FIRST POSTED ON THE WEBSITE; AND
(IV) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SUBMIT A
PROPOSAL FOR SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC
MEANS;
(B) THE COMMISSIONER SHALL REVIEW IN A TIMELY FASHION ALL REASONABLE
AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM PROSPECTIVE CONTRAC-
TORS;
(C) THE COMMISSIONER SHALL SELECT SUCH CONTRACTORS THAT, IN THE
COMMISSIONER'S DISCRETION, ARE BEST SUITED TO EFFICIENTLY AND ECONOM-
ICALLY ADMINISTER MEDICAL ASSISTANCE SERVICES;
(D) ALL DECISIONS MADE AND APPROACHES TAKEN PURSUANT TO THIS SECTION
SHALL BE DOCUMENTED IN A PROCUREMENT RECORD AS DEFINED IN SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW;
(E) THE COMMISSIONER MAY INSTITUTE A CONTINUOUS RECRUITMENT PROCESS
PROVIDED THAT THE INFORMATION REQUIRED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION REMAINS ON THE DEPARTMENT'S WEBSITE FOR THE ENTIRE DURATION
OF THE RECRUITMENT PROCESS, UNTIL SUCH DATE AS THE COMMISSIONER MAY
DETERMINE UPON NO LESS THAN TEN DAYS NOTICE BEING POSTED ON THE WEBSITE;
AND
(F) THE COMMISSIONER MAY REOFFER CONTRACTS UNDER THE SAME TERMS OF
THIS SUBDIVISION, IF DETERMINED NECESSARY BY THE COMMISSIONER, ON A
STATEWIDE OR REGIONAL BASIS.
3. (A) THE DEPARTMENT MAY TERMINATE A LHCSA'S CONTRACT UNDER THIS
SECTION OR SUSPEND OR LIMIT THE LHCSA'S RIGHTS AND PRIVILEGES UNDER THE
CONTRACT UPON THIRTY DAY'S WRITTEN NOTICE TO THE LHCSA IF THE COMMIS-
SIONER FINDS THAT THE LHCSA HAS FAILED TO COMPLY WITH THE PROVISIONS OF
THIS SECTION OR ANY REGULATIONS PROMULGATED HEREUNDER. THE WRITTEN
NOTICE SHALL INCLUDE:
(I) A DESCRIPTION OF THE CONDUCT AND THE ISSUES RELATED THERETO THAT
HAVE BEEN IDENTIFIED AS FAILURE OF COMPLIANCE; AND
(II) THE TIME FRAME OF THE CONDUCT THAT FAILS COMPLIANCE.
S. 7506--B 269 A. 9506--B
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, UPON DETERMIN-
ING THAT A MEDICAL ASSISTANCE RECIPIENT'S HEALTH OR SAFETY WOULD BE
IMMINENTLY ENDANGERED BY THE CONTINUED OPERATION OR ACTIONS OF THE
LHCSA, THE COMMISSIONER MAY TERMINATE THE LHCSA'S CONTRACT OR SUSPEND OR
LIMIT THE LHCSA'S RIGHTS AND PRIVILEGES UNDER THE CONTRACT IMMEDIATELY
UPON WRITTEN NOTICE.
(C) 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.
(D) ANY PROCEDURAL RIGHTS OR PRIVILEGES AFFORDED PURSUANT TO THIS
SUBDIVISION SHALL APPLY ONLY TO ACTIONS TAKEN UNDER THIS SUBDIVISION
WITH RESPECT TO COMPLIANCE WITH THE TERMS OF THE CONTRACT. ACTIONS TAKEN
UNDER THIS SUBDIVISION SHALL NOT CONSTITUTE AND SHALL NOT BE CONSTRUED
TO CONSTITUTE AN ACTION WITH RESPECT TO A LHCSA'S LICENSURE OR ENROLL-
MENT IN THE MEDICAL ASSISTANCE PROGRAM, WHICH THE DEPARTMENT MAY UNDER-
TAKE SEPARATELY OR IN CONJUNCTION WITH AN ACTION PURSUANT TO THIS SUBDI-
VISION.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY UNLESS ANY AND ALL
NECESSARY APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED
TO RECEIVE FEDERAL FINANCIAL PARTICIPATION IN THE COSTS OF SERVICES THAT
WOULD BE PROVIDED BY LHCSAS IN ACCORDANCE WITH THE TERMS OF CONTRACTS
ENTERED INTO PURSUANT TO THIS SECTION.
§ 11. Section 365-a of the social services law is amended by adding a
new subdivision 10 to read as follows:
10. THE DEPARTMENT OF HEALTH SHALL ESTABLISH OR PROCURE THE SERVICES
OF AN INDEPENDENT ASSESSOR OR ASSESSORS NO LATER THAN OCTOBER 1, 2022,
IN A MANNER AND SCHEDULE AS DETERMINED BY THE COMMISSIONER OF HEALTH, TO
TAKE OVER FROM LOCAL DEPARTMENTS OF SOCIAL SERVICES, MEDICAID MANAGED
CARE PROVIDERS, AND MEDICAID MANAGED LONG TERM CARE PLANS PERFORMANCE OF
ASSESSMENTS AND REASSESSMENTS REQUIRED FOR DETERMINING INDIVIDUALS'
NEEDS FOR PERSONAL CARE SERVICES, INCLUDING AS PROVIDED THROUGH THE
CONSUMER DIRECTED PERSONAL ASSISTANCE PROGRAM, AND OTHER SERVICES OR
PROGRAMS AVAILABLE PURSUANT TO THE STATE'S MEDICAL ASSISTANCE PROGRAM AS
DETERMINED BY SUCH COMMISSIONER FOR THE PURPOSE OF IMPROVING EFFICIENCY,
QUALITY, AND RELIABILITY IN ASSESSMENT AND TO DETERMINE INDIVIDUALS'
ELIGIBILITY FOR MEDICAID MANAGED LONG TERM CARE PLANS. NOTWITHSTANDING
THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE
LAW, OR SECTIONS ONE HUNDRED FORTY-TWO AND ONE HUNDRED FORTY-THREE OF
THE ECONOMIC DEVELOPMENT LAW, OR ANY CONTRARY PROVISION OF LAW,
CONTRACTS MAY BE ENTERED OR THE COMMISSIONER MAY AMEND AND EXTEND THE
TERMS OF A CONTRACT AWARDED PRIOR TO THE EFFECTIVE DATE AND ENTERED INTO
PURSUANT TO SUBDIVISION TWENTY-FOUR OF SECTION TWO HUNDRED SIX OF THE
PUBLIC HEALTH LAW, AS ADDED BY SECTION THIRTY-NINE OF PART C OF CHAPTER
FIFTY-EIGHT OF THE LAWS OF TWO THOUSAND EIGHT, AND A CONTRACT AWARDED
PRIOR TO THE EFFECTIVE DATE AND ENTERED INTO TO CONDUCT ENROLLMENT
BROKER AND CONFLICT-FREE EVALUATION SERVICES FOR THE MEDICAID PROGRAM,
IF SUCH CONTRACT OR CONTRACT AMENDMENT IS FOR THE PURPOSE OF PROCURING
SUCH ASSESSMENT SERVICES FROM AN INDEPENDENT ASSESSOR; PROVIDED, HOWEV-
ER, IN THE CASE OF A CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF
THIS SECTION, THAT:
(A) THE DEPARTMENT OF HEALTH SHALL POST ON ITS WEBSITE, FOR A PERIOD
OF NO LESS THAN THIRTY DAYS:
(I) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT TO
THE CONTRACT OR CONTRACTS;
(II) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS INCLUD-
ING, BUT NOT LIMITED TO, BEING UNAFFILIATED WITH ANY ENTITY CERTIFIED
S. 7506--B 270 A. 9506--B
UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR ANY SERVICE PROVID-
ER LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW, DEMON-
STRATED CULTURAL AND LINGUISTIC COMPETENCE, EXPERIENCE IN EVALUATING THE
SERVICE NEEDS OF INDIVIDUALS WITH DISABILITIES SEEKING TO LIVE IN THE
COMMUNITY, AND DEMONSTRATED COMPLIANCE WITH ALL APPLICABLE STATE AND
FEDERAL LAWS. FURTHERMORE, THE SELECTION CRITERIA SHALL CONSIDER AND
GIVE PREFERENCE TO WHETHER A PROSPECTIVE CONTRACTOR IS A NOT-FOR-PROFIT
ORGANIZATION;
(III) THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY
SEEK SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER SUCH
INFORMATION IS FIRST POSTED ON THE WEBSITE; AND
(IV) THE MANNER BY WHICH A PROSPECTIVE CONTRACTOR MAY SUBMIT A
PROPOSAL FOR SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC
MEANS;
(B) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED FROM
PROSPECTIVE CONTRACTORS IN A TIMELY FASHION SHALL BE REVIEWED BY THE
COMMISSIONER OF HEALTH;
(C) THE COMMISSIONER OF HEALTH SHALL SELECT SUCH CONTRACTOR OR
CONTRACTORS THAT ARE BEST SUITED TO SERVE THE PURPOSES OF THIS SECTION
AND THE NEEDS OF RECIPIENTS; AND
(D) ALL DECISIONS MADE AND APPROACHES TAKEN PURSUANT TO THIS SECTION
SHALL BE DOCUMENTED IN A PROCUREMENT RECORD AS DEFINED IN SECTION ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW.
§ 12. Section 8 of part C of chapter 57 of the laws of 2018, amending
the social services law and the public health law relating to health
homes and penalties for managed care providers, is amended to read as
follows:
§ 8. Notwithstanding any inconsistent provision of [sections 112 and]
SECTION 163 of the state finance law, or sections 142 and 143 of the
economic development law, or any other contrary provision of law,
excepting the 13 responsible vendor requirements of the state finance
law, including, but not limited to, sections 163 and 139-k of the state
finance law, the commissioner of health is authorized to amend or other-
wise extend the terms of a contract awarded prior to the effective date
and entered into pursuant to subdivision 24 of section 206 of the public
health law, as added by section 39 of part C of chapter 58 of the laws
of 2008, and a contract awarded prior to the effective date and entered
into to conduct enrollment broker and conflict-free evaluation services
for the Medicaid program, both for a period of three years, without a
competitive bid or request for proposal process, upon determination that
the existing contractor is qualified to continue to provide such
services, and provided that efficiency savings are achieved during the
period of extension; and provided, further, that the department of
health shall submit a request for applications for such contract during
the time period specified in this section and may terminate the contract
identified herein prior to expiration of the extension authorized by
this section.
§ 13. Clause (vi) of subparagraph 1 of paragraph (e) of subdivision 5
of section 366 of the social services law, as added by section 26-a of
part C of chapter 109 of the laws of 2006, is amended and two new claus-
es (xi) and (xii) are added to read as follows:
(vi) "look-back period" means the sixty-month period immediately
preceding the date that an institutionalized individual is both institu-
tionalized and has applied for medical assistance, OR IN THE CASE OF A
NON-INSTITUTIONALIZED INDIVIDUAL, SUBJECT TO FEDERAL APPROVAL, THE THIR-
TY-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT SUCH NON-INSTITU-
S. 7506--B 271 A. 9506--B
TIONALIZED INDIVIDUAL APPLIES FOR MEDICAL ASSISTANCE COVERAGE OF LONG
TERM CARE SERVICES. NOTHING HEREIN PRECLUDES A REVIEW OF ELIGIBILITY FOR
RETROACTIVE AUTHORIZATION FOR MEDICAL EXPENSES INCURRED DURING THE THREE
MONTHS PRIOR TO THE MONTH OF APPLICATION FOR MEDICAL ASSISTANCE.
(XI) "NON-INSTITUTIONALIZED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS NOT
AN INSTITUTIONALIZED INDIVIDUAL, AS DEFINED IN CLAUSE (VII) OF THIS
SUBPARAGRAPH.
(XII) "LONG TERM CARE SERVICES" MEANS HOME HEALTH CARE SERVICES,
PRIVATE DUTY NURSING SERVICES, PERSONAL CARE SERVICES, ASSISTED LIVING
PROGRAM SERVICES AND SUCH OTHER SERVICES FOR WHICH MEDICAL ASSISTANCE IS
OTHERWISE AVAILABLE UNDER THIS CHAPTER WHICH ARE DESIGNATED AS LONG TERM
CARE SERVICES IN THE REGULATIONS OF THE DEPARTMENT.
§ 14. The opening paragraph of subparagraph 3 of paragraph (e) of
subdivision 5 of section 366 of the social services law, as added by
section 26-a of part C of chapter 109 of the laws of 2006, is amended to
read as follows:
In determining the medical assistance eligibility of an institutional-
ized individual, any transfer of an asset by the individual or the indi-
vidual's spouse for less than fair market value made within or after the
look-back period shall render the individual ineligible for nursing
facility services for the period of time specified in subparagraph five
of this paragraph. IN DETERMINING THE MEDICAL ASSISTANCE ELIGIBILITY OF
A NON-INSTITUTIONALIZED INDIVIDUAL, ANY TRANSFER OF AN ASSET BY THE
INDIVIDUAL OR THE INDIVIDUAL'S SPOUSE FOR LESS THAN FAIR MARKET VALUE
MADE WITHIN OR AFTER THE LOOK-BACK PERIOD SHALL RENDER THE INDIVIDUAL
INELIGIBLE FOR COMMUNITY BASED LONG TERM CARE SERVICES FOR THE PERIOD OF
TIME SPECIFIED IN SUBPARAGRAPH FIVE OF THIS PARAGRAPH. For purposes of
this paragraph:
§ 15. Intentionally omitted.
§ 16. Intentionally omitted.
§ 17. The opening paragraph of subdivision 2 of section 365-f of the
social services law, as amended by section 38 of part D of chapter 58 of
the laws of 2009, is amended to read as follows:
All eligible individuals receiving home care [shall be provided notice
of the availability of the program, and no less frequently than annually
thereafter, and] shall have the opportunity to apply for participation
in the program NO LESS THAN ANNUALLY. Each social services district
shall file an implementation plan with the commissioner of the depart-
ment of health, which shall be updated annually. Such updates shall be
submitted no later than November thirtieth of each year. Beginning on
June thirtieth, two thousand nine, the plans and updates submitted by
districts shall require the approval of the department. Implementation
plans shall include district enrollment targets, describe methods for
the provision of notice and assistance to interested individuals eligi-
ble for enrollment in the program, and shall contain such other informa-
tion as shall be required by the department. An "eligible individual",
for purposes of this section is a person who:
§ 18. Clauses 12 and 13 of subparagraph (v) of paragraph (b) of subdi-
vision 7 of section 4403-f of the public health law, as amended by
section 5 of part B of chapter 57 of the laws of 2018, are amended and a
new clause 14 is added to read as follows:
(12) Native Americans; [and]
(13) a person who is permanently placed in a nursing home for a
consecutive period of three months or more. In implementing this
provision, the department shall continue to support service delivery and
outcomes that result in community living for enrollees[.]; AND
S. 7506--B 272 A. 9506--B
(14) A PERSON WHO HAS NOT BEEN ASSESSED AS NEEDING AT LEAST LIMITED
ASSISTANCE WITH PHYSICAL MANEUVERING WITH MORE THAN TWO ACTIVITIES OF
DAILY LIVING, OR FOR INDIVIDUALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNO-
SIS, ASSESSED AS NEEDING AT LEAST SUPERVISION WITH MORE THAN ONE ACTIV-
ITY OF DAILY LIVING, AS DEFINED AND DETERMINED USING AN EVIDENCED BASED
VALIDATED ASSESSMENT INSTRUMENT APPROVED BY THE COMMISSIONER AND IN
ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND REGULATIONS OF THE
DEPARTMENT, PROVIDED THAT THE PROVISIONS OF THIS CLAUSE SHALL NOT APPLY
TO A PERSON WHO HAS BEEN CONTINUOUSLY ENROLLED IN A MANAGED LONG TERM
CARE PROGRAM BEGINNING PRIOR TO OCTOBER FIRST, TWO THOUSAND TWENTY.
§ 19. Paragraph (d) of subdivision 1 of section 4403-f of the public
health law, as amended by section 41 of part H of chapter 59 of the laws
of 2011, is amended to read as follows:
(d) "Health and long term care services" means services including, but
not limited to home and community-based and institution-based long term
care and ancillary services (that shall include medical supplies and
nutritional supplements) that are necessary to meet the needs of persons
whom the plan is authorized to enroll. The managed long term care plan
may also cover primary care [and], acute care AND BEHAVIORAL HEALTH
SERVICES if so authorized.
§ 20. The department of health shall establish or procure services of
an independent panel or panels of clinical professionals no later than
October 1, 2022, in a manner and schedule as determined by the commis-
sioner of health, to provide as appropriate independent physician or
other applicable clinician orders for personal care services, including
as provided through the consumer directed personal assistance program,
available pursuant to the state's medical assistance program and to
determine eligibility for the consumer directed personal assistance
program. Notwithstanding the provisions of section 163 of the state
finance law, or sections 142 and 143 of the economic development law, or
any contrary provision of law, contracts may be entered or the commis-
sioner may amend and extend the terms of a contract awarded prior to the
effective date and entered into pursuant to subdivision twenty-four of
section two hundred six of the public health law, as added by section
thirty-nine of part C of chapter fifty-eight of the laws of two thousand
eight, and a contract awarded prior to the effective date and entered
into to conduct enrollment broker and conflict-free evaluation services
for the Medicaid program, if such contract or contract amendment is for
the purpose of establishing an independent panel or panels of clinical
professionals as described in this section; provided, however, in the
case of a contract entered into after the effective date of this
section, that:
(a) The department of health shall post on its website, for a period
of no less than 30 days:
(i) A description of the proposed services to be provided pursuant to
the contract or contracts;
(ii) The criteria for selection of a contractor or contractors;
(iii) The period of time during which a prospective contractor may
seek to be selected by the department of health, which shall be no less
than 30 days after such information is first posted on the website; and
(iv) The manner by which a prospective contractor may submit a
proposal for selection, which may include submission by electronic
means;
(b) All reasonable and responsive submissions that are received from
prospective contractors in timely fashion shall be reviewed by the
commissioner of health; and
S. 7506--B 273 A. 9506--B
(c) The commissioner of health shall select such contractor or
contractors that, in such commissioner's discretion, are best suited to
serve the purposes of this section and the needs of recipients; and
(d) all decisions made and approaches taken pursuant to this section
shall be documented in a procurement record as defined in section one
hundred sixty-three of the state finance law.
§ 21. The department of health shall develop, directly or through
procurement, and shall implement an evidenced based validated uniform
task-based assessment tool no later than April 1, 2021, to assist
managed care plans and local departments of social services to make
appropriate and individualized determinations for utilization of home
care services in accordance with applicable state and federal law and
regulations, including the number of personal care services and consumer
directed personal assistance hours of care each day, provided pursuant
to the state's medical assistance program, and how Medicaid recipients'
needs for assistance with activities of daily living can be met, such as
through telehealth, provided that services rendered via telehealth meet
equivalent quality and safety standards of services provided through
non-electronic means, and other available alternatives, including family
and social supports. Notwithstanding the provisions of section 163 of
the state finance law, or sections 142 and 143 of the economic develop-
ment law, or any contrary provision of law, a contract may be entered
without a competitive bid or request for proposal process if such
contract is for the purpose of developing the evidence based validated
uniform task-based assessment tool described in this section, provided
that:
(a) The department of health shall post on its website, for a period
of no less than 30 days:
(i) A description of the evidence based validated uniform task-based
assessment tool to be developed pursuant to the contract;
(ii) The criteria for contractor selection;
(iii) The period of time during which a prospective contractor may
seek to be selected by the department of health, which shall be no less
than 30 days after such information is first posted on the website; and
(iv) The manner by which a prospective contractor may submit a
proposal for selection, which may include submission by electronic
means;
(b) All reasonable and responsive submissions that are received from
prospective contractors in a timely fashion shall be reviewed by the
commissioner of health;
(c) The commissioner of health shall select such contractor that is
best suited to serve the purposes of this section and the needs of
recipients; and
(d) All decisions made and approaches taken pursuant to this section
shall be documented in a procurement record as defined in section one
hundred sixty-three of the state finance law.
§ 22. Subparagraph (iv) of paragraph (g) of subdivision 7 of section
4403-f of the public health law, as amended by section 41-b of part H of
chapter 59 of the laws of 2011, is amended to read as follows:
(iv) Continued enrollment in a managed long term care plan or demon-
stration paid for by government funds shall be based upon a comprehen-
sive assessment of the medical, social and environmental needs of the
recipient of the services. Such assessment shall be performed at least
[every six months] ANNUALLY by the managed long term care plan serving
the enrollee. The commissioner shall prescribe the forms on which the
assessment will be made.
S. 7506--B 274 A. 9506--B
§ 23. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that sections two, two-a, two-b, three, thirteen and fourteen
of this act shall take effect October 1, 2020; provided further, howev-
er, that the amendments to section 4403-f of the public health law made
by sections four, five, five-a, six, eighteen, nineteen and twenty-two
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith; provided further, however, that the amend-
ments to paragraph (b) of subdivision 7 of section 4403-f of the public
health law made by section eighteen of this act shall not affect the
expiration of such paragraph and shall expire therewith; provided
further, however, that the director of the budget may, in consultation
with the commissioner of health, delay the effective dates prescribed
herein for a period of time which shall not exceed ninety days following
the conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
the entire state of New York, upon such delay the director of the budget
shall notify the chairs of the assembly ways and means committee and
senate finance committee and the chairs of the assembly and senate
health committee; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act 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.
PART NN
Section 1. Subparagraph (iv) of paragraph (b) of subdivision 2-b of
section 2808 of the public health law, as amended by section 14 of part
OO of chapter 57 of the laws of 2008, is amended to read as follows:
(iv) The capital cost component of rates on and after January first,
two thousand nine shall: (A) fully reflect the cost of local property
taxes and payments made in lieu of local property taxes, as reported in
each facility's cost report submitted for the year two years prior to
the rate year[.]; (B) PROVIDED, HOWEVER, NOTWITHSTANDING ANY INCONSIST-
ENT PROVISION OF THIS ARTICLE, COMMENCING APRIL FIRST, TWO THOUSAND
TWENTY FOR RATES OF PAYMENT FOR PATIENTS ELIGIBLE FOR PAYMENTS MADE BY
STATE GOVERNMENTAL AGENCIES, THE CAPITAL COST COMPONENT DETERMINED IN
ACCORDANCE WITH THIS SUBPARAGRAPH AND INCLUSIVE OF ANY SHARED SAVINGS
FOR ELIGIBLE FACILITIES THAT ELECT TO REFINANCE THEIR MORTGAGE LOANS
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO-A OF THIS SECTION, SHALL BE
REDUCED BY THE COMMISSIONER BY FIVE PERCENT.
§ 2. Paragraph d of subdivision 20 of section 2808 of the public
health law, as added by section 8 of part H of chapter 59 of the laws of
2011, is amended to read as follows:
d. Notwithstanding any contrary provision of law, rule or regulation,
for rate periods on and after April first, two thousand eleven, the
commissioner may reduce or eliminate the payment factor for return on or
return of equity in the capital cost component of Medicaid rates of
payment for services provided by residential health care facilities, AND
FOR RATE PERIODS ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY, THERE
SHALL BE NO PAYMENT FACTOR FOR RESIDUAL EQUITY REIMBURSEMENT IN THE
CAPITAL COST COMPONENT OF MEDICAID RATES OF PAYMENT FOR SERVICES
PROVIDED BY RESIDENTIAL HEALTH CARE FACILITIES.
S. 7506--B 275 A. 9506--B
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided
further, however, that the director of the budget may, in consultation
with the commissioner of health, delay the effective dates prescribed
herein for a period of time which shall not exceed ninety days following
the conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
the entire state of New York, upon such delay the director of the budget
shall notify the chairs of the assembly ways and means committee and
senate finance committee and the chairs of the assembly and senate
health committees; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act 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.
PART OO
Section 1. Section 3614-c of the public health law, as amended by
section 5 of part S of chapter 57 of the laws of 2017, subdivision 2 as
amended by section 10 of part G of chapter 57 of the laws of 2019, is
amended to read as follows:
§ 3614-c. Home care worker wage parity. 1. As used in this section,
the following terms shall have the following meaning:
(a) "Living wage law" means any law enacted by Nassau, Suffolk or
Westchester county or a city with a population of one million or more
which establishes a minimum wage for some or all employees who perform
work on contracts with such county or city.
(b) "Total compensation" means all wages and other direct compensation
paid to or provided on behalf of the employee including, but not limited
to, wages, health, education or pension benefits, supplements in lieu of
benefits and compensated time off, except that it does not include
employer taxes or employer portion of payments for statutory benefits,
including but not limited to FICA, disability insurance, unemployment
insurance and workers' compensation.
(c) "Prevailing rate of total compensation" means the average hourly
amount of total compensation paid to all home care aides covered by
whatever collectively bargained agreement covers the greatest number of
home care aides in a city with a population of one million or more. For
purposes of this definition, any set of collectively bargained agree-
ments in such city with substantially the same terms and conditions
relating to total compensation shall be considered as a single collec-
tively bargained agreement.
(d) "Home care aide" means a home health aide, personal care aide,
home attendant, personal assistant performing consumer directed personal
assistance services pursuant to section three hundred sixty-five-f of
the social services law, or other licensed or unlicensed person whose
primary responsibility includes the provision of in-home assistance with
activities of daily living, instrumental activities of daily living or
health-related tasks; provided, however, that home care aide does not
include any individual (i) working on a casual basis, or (ii) (except
for a person employed under the consumer directed personal assistance
program under section three hundred sixty-five-f of the social services
law) who is a relative through blood, marriage or adoption of: (1) the
S. 7506--B 276 A. 9506--B
employer; or (2) the person for whom the worker is delivering services,
under a program funded or administered by federal, state or local
government.
(e) "Managed care plan" means any managed care program, organization
or demonstration covering personal care or home health aide services,
and which receives premiums funded, in whole or in part, by the New York
state medical assistance program, including but not limited to all Medi-
caid managed care, Medicaid managed long term care, Medicaid advantage,
and Medicaid advantage plus plans and all programs of all-inclusive care
for the elderly.
(f) "Episode of care" means any service unit reimbursed, in whole or
in part, by the New York state medical assistance program, whether
through direct reimbursement or covered by a premium payment, and which
covers, in whole or in part, any service provided by a home care aide,
including but not limited to all service units defined as visits, hours,
days, months or episodes.
(g) "Cash portion of the minimum rate of home care aide total compen-
sation" means the minimum amount of home care aide total compensation
that may be paid in cash wages, as determined by the department in
consultation with the department of labor.
(h) "Benefit portion of the minimum rate of home care aide total
compensation" means the portion of home care aide total compensation
that may be paid in cash or health, education or pension benefits, wage
differentials, supplements in lieu of benefits and compensated time off,
as determined by the department in consultation with the department of
labor. Cash wages paid pursuant to increases in the state or federal
minimum wage cannot be used to satisfy the benefit portion of the mini-
mum rate of home care aide total compensation.
(I) "FISCAL INTERMEDIARY" MEANS A FISCAL INTERMEDIARY IN THE CONSUMER
DIRECTED PERSONAL ASSISTANCE PROGRAM UNDER SECTION THREE HUNDRED SIXTY-
FIVE-F OF THE SOCIAL SERVICES LAW.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, no payments by government agencies shall be made to certified
home health agencies, long term home health care programs, managed care
plans, [the consumer directed personal assistance program under section
three hundred sixty-five-f of the social services law] FISCAL INTERME-
DIARIES, the nursing home transition and diversion waiver program under
section three hundred sixty-six of the social services law, or the trau-
matic brain injury waiver program under section [two thousand seven]
TWENTY-SEVEN hundred forty of this chapter for any episode of care
furnished, in whole or in part, by any home care aide who is compensated
at amounts less than the applicable minimum rate of home care aide total
compensation established pursuant to this section.
3. (a) The minimum rate of home care aide total compensation in a city
with a population of one million or more shall be:
(i) for the period March first, two thousand twelve through February
twenty-eighth, two thousand thirteen, ninety percent of the total
compensation mandated by the living wage law of such city;
(ii) for the period March first, two thousand thirteen through Febru-
ary twenty-eighth, two thousand fourteen, ninety-five percent of the
total compensation mandated by the living wage law of such city;
(iii) for the period March first, two thousand fourteen through March
thirty-first two thousand sixteen, no less than the prevailing rate of
total compensation as of January first, two thousand eleven, or the
total compensation mandated by the living wage law of such city, which-
ever is greater;
S. 7506--B 277 A. 9506--B
(iv) for all periods on or after April first, two thousand sixteen,
the cash portion of the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(a) of subdivision one of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of the minimum rate of
home care aide total compensation shall be four dollars and nine cents.
(b) The minimum rate of home care aide total compensation in the coun-
ties of Nassau, Suffolk and Westchester shall be:
(i) for the period March first, two thousand thirteen through February
twenty-eighth, two thousand fourteen, ninety percent of the total
compensation mandated by the living wage law as set on March first, two
thousand thirteen of a city with a population of a million or more;
(ii) for the period March first, two thousand fourteen through Febru-
ary twenty-eighth, two thousand fifteen, ninety-five percent of the
total compensation mandated by the living wage law as set on March
first, two thousand fourteen of a city with a population of a million or
more;
(iii) for the period March first, two thousand fifteen, through Febru-
ary twenty-eighth, two thousand sixteen, one hundred percent of the
total compensation mandated by the living wage law as set on March
first, two thousand fifteen of a city with a population of a million or
more;
(iv) for all periods on or after March first, two thousand sixteen,
the cash portion of the minimum rate of home care aide total compen-
sation shall be ten dollars or the minimum wage as laid out in paragraph
(b) of subdivision one of section six hundred fifty-two of the labor
law, whichever is higher. The benefit portion of the minimum rate of
home care aide total compensation shall be three dollars and twenty-two
cents.
4. The terms of this section shall apply equally to services provided
by home care aides who work on episodes of care as direct employees of
certified home health agencies, long term home health care programs, or
managed care plans, or as employees of licensed home care services agen-
cies, limited licensed home care services agencies, or [the consumer
directed personal assistance program under section three hundred sixty-
five-f of the social services law] FISCAL INTERMEDIARIES, or under any
other arrangement.
5. No payments by government agencies shall be made to certified home
health agencies, LICENSED HOME CARE SERVICES AGENCIES, long term home
health care programs, managed care plans, [or the consumer directed
personal assistance program under section three hundred sixty-five-f of
the social services law,] FISCAL INTERMEDIARIES for any episode of care
without the certified home health agency, LICENSED HOME CARE SERVICES
AGENCY, long term home health care program, managed care plan or the
[consumer directed personal assistance program] FISCAL INTERMEDIARY,
having delivered prior written certification to the commissioner ANNUAL-
LY, AT A TIME PRESCRIBED BY THE COMMISSIONER, on forms prepared by the
department in consultation with the department of labor, that all
services provided under each episode of care DURING THE PERIOD COVERED
BY THE CERTIFICATION are in full compliance with the terms of this
section and any regulations promulgated pursuant to this section AND
THAT NO PORTION OF THE DOLLARS SPENT OR TO BE SPENT TO SATISFY THE WAGE
OR BENEFIT PORTION UNDER THIS SECTION SHALL BE RETURNED TO THE CERTIFIED
HOME HEALTH AGENCY, LICENSED HOME CARE SERVICES AGENCY, LONG TERM HOME
HEALTH CARE PROGRAM, MANAGED CARE PLAN, OR FISCAL INTERMEDIARY, RELATED
PERSONS OR ENTITIES, OTHER THAN TO A HOME CARE AIDE AS DEFINED IN THIS
S. 7506--B 278 A. 9506--B
SECTION TO WHOM THE WAGE OR BENEFITS ARE DUE, AS A REFUND, DIVIDEND,
PROFIT, OR IN ANY OTHER MANNER. SUCH WRITTEN CERTIFICATION SHALL ALSO
VERIFY THAT THE CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE
PROGRAM, OR MANAGED CARE PLAN HAS RECEIVED FROM THE LICENSED HOME CARE
SERVICES AGENCY, FISCAL INTERMEDIARY, OR OTHER THIRD PARTY AN ANNUAL
STATEMENT OF WAGE PARITY HOURS AND EXPENSES ON A FORM PROVIDED BY THE
DEPARTMENT OF LABOR ACCOMPANIED BY AN INDEPENDENTLY-AUDITED FINANCIAL
STATEMENT VERIFYING SUCH EXPENSES.
6. If a certified home health agency [or], long term home health care
program OR MANAGED CARE PLAN elects to provide home care aide services
through contracts with licensed home care services agencies, FISCAL
INTERMEDIARIES, or through other third parties, provided that the
episode of care on which the home care aide works is covered under the
terms of this section, the certified home health agency, long term home
health care program, or managed care plan [must obtain] SHALL INCLUDE IN
ITS CONTRACTS, A REQUIREMENT THAT IT BE PROVIDED WITH a written certif-
ication, VERIFIED BY OATH, from the licensed home care services agency,
FISCAL INTERMEDIARY, or other third party, on forms prepared by the
department in consultation with the department of labor, which attests
to the licensed home care services agency's, FISCAL INTERMEDIARY'S, or
other third party's compliance with the terms of this section. Such
[certifications] CONTRACTS shall also obligate the LICENSED HOME CARE
SERVICES AGENCY, FISCAL INTERMEDIARY, OR OTHER THIRD PARTY TO PROVIDE
THE certified home health agency, long term home health care program, or
managed care plan [to obtain, on no less than a quarterly basis,] all
information from the licensed home care services agency, fiscal interme-
diary or other third [parties] PARTY necessary to verify compliance with
the terms of this section, WHICH SHALL INCLUDE AN ANNUAL COMPLIANCE
STATEMENT OF WAGE PARITY HOURS AND EXPENSES ON A FORM PROVIDED BY THE
DEPARTMENT OF LABOR ACCOMPANIED BY AN INDEPENDENTLY-AUDITED FINANCIAL
STATEMENT VERIFYING SUCH EXPENSES. SUCH ANNUAL STATEMENTS SHALL BE
AVAILABLE NO LESS THAN ANNUALLY FOR THE PREVIOUS CALENDAR YEAR, AT A
TIME AS PRESCRIBED BY THE COMMISSIONER. Such certifications [and], the
information [exchanged pursuant to them] NECESSARY TO VERIFY COMPLIANCE,
AND THE ANNUAL COMPLIANCE STATEMENT AND FINANCIAL STATEMENTS shall be
retained by all certified home health agencies, long term home health
care programs, or managed care plans, and all licensed home care
services agencies, FISCAL INTERMEDIARIES, or other third parties for a
period of no less than ten years, and made available to the department
upon request. ANY LICENSED HOME CARE SERVICES AGENCY, FISCAL INTERME-
DIARY, OR OTHER THIRD PARTY WHO SHALL UPON OATH VERIFY ANY STATEMENT
REQUIRED TO BE TRANSMITTED UNDER THIS SECTION AND ANY REGULATIONS
PROMULGATED PURSUANT TO THIS SECTION WHICH IS KNOWN BY SUCH PARTY TO BE
FALSE SHALL BE GUILTY OF PERJURY AND PUNISHABLE AS PROVIDED BY THE PENAL
LAW.
6-A. THE CERTIFIED HOME HEALTH AGENCY, LONG TERM HOME HEALTH CARE
PROGRAM, OR MANAGED CARE PLAN SHALL REVIEW AND ASSESS THE ANNUAL COMPLI-
ANCE STATEMENT OF WAGE PARITY HOURS AND EXPENSES AND MAKE A WRITTEN
REFERRAL TO THE DEPARTMENT OF LABOR FOR ANY REASONABLY SUSPECTED FAIL-
URES OF LICENSED HOME CARE SERVICES AGENCIES, FISCAL INTERMEDIARIES, OR
THIRD PARTIES TO CONFORM TO THE WAGE PARITY REQUIREMENTS OF THIS
SECTION.
7. The commissioner shall distribute to all certified home health
agencies, long term home health care programs, managed care plans,
LICENSED HOME CARE SERVICES AGENCIES, and fiscal intermediaries [in the
consumer directed personal assistance program under section three
S. 7506--B 279 A. 9506--B
hundred sixty-five-f of the social services law,] official notice of the
minimum rates of home care aide compensation at least one hundred twenty
days prior to the effective date of each minimum rate for each social
services district covered by the terms of this section.
7-A. ANY CERTIFIED HOME HEALTH AGENCY, LICENSED HOME CARE SERVICES
AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, MANAGED CARE PLAN, OR FISCAL
INTERMEDIARY, OR OTHER THIRD PARTY THAT WILLFULLY PAYS LESS THAN SUCH
STIPULATED MINIMUMS REGARDING WAGES AND SUPPLEMENTS, AS ESTABLISHED IN
THIS SECTION, SHALL BE GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL
BE PUNISHED, FOR A FIRST OFFENSE BY A FINE OF FIVE HUNDRED DOLLARS OR BY
IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS, OR BY BOTH FINE AND IMPRI-
SONMENT; FOR A SECOND OFFENSE BY A FINE OF ONE THOUSAND DOLLARS, AND IN
ADDITION THERETO THE CONTRACT ON WHICH THE VIOLATION HAS OCCURRED SHALL
BE FORFEITED; AND NO SUCH PERSON OR CORPORATION SHALL BE ENTITLED TO
RECEIVE ANY SUM NOR SHALL ANY OFFICER, AGENT OR EMPLOYEE OF THE STATE
PAY THE SAME OR AUTHORIZE ITS PAYMENT FROM THE FUNDS UNDER HIS OR HER
CHARGE OR CONTROL TO ANY PERSON OR CORPORATION FOR WORK DONE UPON ANY
CONTRACT, ON WHICH THE CERTIFIED HOME HEALTH AGENCY, LICENSED HOME CARE
SERVICES AGENCY, LONG TERM HOME HEALTH CARE PROGRAM, MANAGED CARE PLAN,
OR FISCAL INTERMEDIARY, OR OTHER THIRD PARTY HAS BEEN CONVICTED OF A
SECOND OFFENSE IN VIOLATION OF THE PROVISIONS OF THIS SECTION.
8. The commissioner is authorized to promulgate regulations, and may
promulgate emergency regulations, to implement the provisions of this
section.
9. Nothing in this section should be construed as applicable to any
service provided by certified home health agencies, LICENSED HOME CARE
SERVICES AGENCIES, long term home health care programs, managed care
plans, or [consumer directed personal assistance program under section
three hundred sixty-five-f of the social services law] FISCAL INTERME-
DIARIES except for all episodes of care reimbursed in whole or in part
by the New York Medicaid program.
10. No certified home health agency, managed care plan, OR long term
home health care program[, or fiscal intermediary in the consumer
directed personal assistance program under section three hundred sixty-
five-f of the social services law] shall be liable for recoupment of
payments OR ANY OTHER PENALTY UNDER THIS SECTION for services provided
through a licensed home care services agency, FISCAL INTERMEDIARY, or
other third party with which the certified home health agency, long term
home health care program, or managed care plan has a contract because
the licensed agency, FISCAL INTERMEDIARY, or other third party failed to
comply with the provisions of this section if the certified home health
agency, long term home health care program, OR managed care plan[, or
fiscal intermediary] has reasonably and in good faith collected certif-
ications and all information required pursuant to [subdivisions five and
six of] this section AND CONDUCTS THE MONITORING AND REPORTING REQUIRED
BY THIS SECTION.
§ 1-a. Section 3614-c of the public health law is amended by adding a
new subdivision 5-a to read as follows:
5-A. NO PORTION OF THE DOLLARS SPENT OR TO BE SPENT TO SATISFY THE
WAGE OR BENEFIT PORTION UNDER THIS SECTION SHALL BE RETURNED TO THE
CERTIFIED HOME HEALTH AGENCY, LICENSED HOME CARE SERVICES AGENCY, LONG
TERM HOME HEALTH CARE PROGRAM, MANAGED CARE PLAN, OR FISCAL INTERME-
DIARY, RELATED PERSONS OR ENTITIES, OTHER THAN TO A HOME CARE AIDE AS
DEFINED IN THIS SECTION TO WHOM THE WAGE OR BENEFITS ARE DUE, AS A
REFUND, DIVIDEND, PROFIT, OR IN ANY OTHER MANNER.
S. 7506--B 280 A. 9506--B
§ 2. Paragraph (a) of subdivision 1 and subdivisions 3 and 4 of
section 195 of the labor law, as amended by a chapter of the laws of
2020, amending the labor law relating to additional information provided
to employees on public work contracts, as proposed in legislative bills
numbers S. 7307 and A. 9000, are amended to read as follows:
(a) provide his or her employees, in writing in English and in the
language identified by each employee as the primary language of such
employee, at the time of hiring, a notice containing the following
information: the rate or rates of pay and basis thereof, whether paid by
the hour, shift, day, week, salary, piece, commission, or other; allow-
ances, if any, claimed as part of the minimum wage, including tip, meal,
or lodging allowances; THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME
CARE AIDE TOTAL COMPENSATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED
FOURTEEN-C OF THE PUBLIC HEALTH LAW ("HOME CARE AIDE BENEFITS"), IF
APPLICABLE; prevailing wage supplements, if any, claimed as part of any
prevailing wage or similar requirement pursuant to article eight of this
chapter; the regular pay day designated by the employer in accordance
with section one hundred ninety-one of this article; the name of the
employer; any "doing business as" names used by the employer; the phys-
ical address of the employer's main office or principal place of busi-
ness, and a mailing address if different; the telephone number of the
employer; plus such other information as the commissioner deems material
and necessary. Where such prevailing wage supplements are claimed, OR
SUCH HOME CARE AIDE BENEFITS ARE PROVIDED, the notice shall identify,
for each type of supplement claimed OR EACH TYPE OF HOME CARE AIDE BENE-
FITS PROVIDED: (i) the hourly rate claimed; (ii) the type of supple-
ment OR TYPE OF HOME CARE AIDE BENEFITS, including when applicable, but
not limited to, pension or healthcare; (iii) the names and addresses of
the person or entity providing such supplement OR SUCH HOME CARE AIDE
BENEFITS; and (iv) the agreement, if any, requiring or providing for
such supplement OR SUCH HOME CARE AIDE BENEFITS, together with informa-
tion on how copies of such agreements or summaries thereof may be
obtained BY AN EMPLOYEE. Each time the employer provides such notice to
an employee, the employer shall obtain from the employee a signed and
dated written acknowledgement, in English and in the primary language of
the employee, of receipt of this notice, which the employer shall
preserve and maintain for six years. Such acknowledgement shall include
an affirmation by the employee that the employee accurately identified
his or her primary language to the employer, and that the notice
provided by the employer to such employee pursuant to this subdivision
was in the language so identified or otherwise complied with paragraph
(c) of this subdivision, and shall conform to any additional require-
ments established by the commissioner with regard to content and form.
For all employees who are not exempt from overtime compensation as
established in the commissioner's minimum wage orders or otherwise
provided by New York state law or regulation, the notice must state the
regular hourly rate and overtime rate of pay;
3. furnish each employee with a statement with every payment of wages,
listing the following: the dates of work covered by that payment of
wages; name of employee; name of employer; address and phone number of
employer; rate or rates of pay and basis thereof, whether paid by the
hour, shift, day, week, salary, piece, commission, or other; gross
wages; deductions; allowances, if any, claimed as part of the minimum
wage; THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL
COMPENSATION AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THE
PUBLIC HEALTH LAW ("HOME CARE AIDE BENEFITS"), IF APPLICABLE; prevailing
S. 7506--B 281 A. 9506--B
wage supplements, if any, claimed as part of any prevailing wage or
similar requirement pursuant to article eight of this chapter; and net
wages. Where such prevailing wage supplements are claimed, OR SUCH HOME
CARE AIDE BENEFITS ARE PROVIDED, the statement shall either: (i) identi-
fy the type of each supplement claimed, OR THE TYPE OF EACH HOME CARE
AIDE BENEFITS PROVIDED, and the hourly rate for each; or (ii) be accom-
panied by a copy of the applicable notice required under subdivisions
one and two of this section. For all employees who are not exempt from
overtime compensation as established in the commissioner's minimum wage
orders or otherwise provided by New York state law or regulation, the
statement shall include the regular hourly rate or rates of pay; the
overtime rate or rates of pay; the number of regular hours worked, and
the number of overtime hours worked. For all employees paid a piece
rate, the statement shall include the applicable piece rate or rates of
pay and number of pieces completed at each piece rate. Upon the request
of an employee, an employer shall furnish an explanation in writing of
how such wages were computed;
4. establish, maintain and preserve for not less than six years
contemporaneous, true, and accurate payroll records showing for each
week worked the hours worked; the rate or rates of pay and basis there-
of, whether paid by the hour, shift, day, week, salary, piece, commis-
sion, or other; gross wages; deductions; allowances, if any, claimed as
part of the minimum wage; THE BENEFIT PORTION OF THE MINIMUM RATE OF
HOME CARE AIDE TOTAL COMPENSATION AS DEFINED IN SECTION THIRTY-SIX
HUNDRED FOURTEEN-C OF THE PUBLIC HEALTH LAW ("HOME CARE AIDE BENEFITS"),
IF APPLICABLE; prevailing wage supplements, if any, claimed as part of
any prevailing wage or similar requirement pursuant to article eight of
this chapter; and net wages for each employee. Where such prevailing
wage supplements are claimed, OR SUCH HOME CARE AIDE BENEFITS ARE
PROVIDED, the payroll records shall include copies of all notices
required by subdivisions one and two of this section. For all employees
who are not exempt from overtime compensation as established in the
commissioner's minimum wage orders or otherwise provided by New York
state law or regulation, the payroll records shall include the regular
hourly rate or rates of pay, the overtime rate or rates of pay, the
number of regular hours worked, and the number of overtime hours worked.
For all employees paid a piece rate, the payroll records shall include
the applicable piece rate or rates of pay and number of pieces completed
at each piece rate;
§ 3. This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on October 1, 2020,
provided, however, that if a chapter of the laws of 2020, amending the
labor law relating to additional information provided to employees on
public work contracts, as proposed in legislative bills numbers S. 7307
and A. 9000, shall not have taken effect on or before such date, then
section two of this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2020 takes effect; provided
further, however, that the director of the budget may, in consultation
with the commissioner of health, delay the effective date prescribed
herein for a period of time which shall not exceed ninety days following
the conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
the entire state of New York, upon such delay the director of the budget
shall notify the chairs of the assembly ways and means committee and
senate finance committee and the chairs of the assembly and senate
health committees; provided further, however, that the director of the
S. 7506--B 282 A. 9506--B
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act 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.
PART PP
Section 1. The social services law is amended by adding a new section
364-n to read as follows:
§ 364-N. DIABETES AND CHRONIC DISEASE SELF-MANAGEMENT PILOT PROGRAM.
THE COMMISSIONER OF HEALTH MAY ESTABLISH A DIABETES AND CHRONIC DISEASE
SELF-MANAGEMENT PILOT PROGRAM IN ONE OR MORE COUNTIES OR REGIONS OF THE
STATE FOR THE PURPOSE OF IMPROVING CLINICAL OUTCOMES. PAYMENTS UNDER
SUCH PROGRAM MAY BE MADE FOR EDUCATION, CONSULTATION, AND PEER SUPPORT
SERVICES FOR PERSONS WITH CHRONIC HEALTH CONDITIONS, AS DEFINED BY THE
COMMISSIONER, TO BE ELIGIBLE TO RECEIVE SUCH SERVICES. THE COMMISSIONER
IS AUTHORIZED TO ESTABLISH FEES FOR SUCH COUNSELING SERVICES, SUBJECT TO
THE APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET. THE
PROVISIONS OF THIS SECTION SHALL NOT TAKE EFFECT UNLESS ALL NECESSARY
APPROVALS UNDER FEDERAL LAW AND REGULATION HAVE BEEN OBTAINED TO RECEIVE
FEDERAL FINANCIAL PARTICIPATION FOR THE COSTS OF SERVICES PROVIDED UNDER
THIS SECTION.
§ 2. Section 367-r of the social services law, as amended by section
58-a of part A of chapter 57 of the laws of 2006, subdivision 1-a as
amended by section 10 of part C of chapter 109 of the laws of 2006, is
amended to read as follows:
§ 367-r. Private duty nursing services worker recruitment and
retention program. 1. (A) THE COMMISSIONER OF HEALTH, WITH THE APPROVAL
OF THE DIRECTOR OF THE BUDGET, SHALL ESTABLISH FEES FOR THE REIMBURSE-
MENT OF PRIVATE DUTY NURSING SERVICES.
(B) The commissioner of health shall, subject to the provisions of
PARAGRAPH (B) OF subdivision two of this section and to the availability
of federal financial participation, increase medical assistance rates of
payment by three percent for services provided on and after December
first, two thousand two, for private duty nursing services for the
purposes of improving recruitment and retention of private duty nurses.
[1-a.] 2. Medically fragile children. (A) In addition, the commission-
er shall further increase rates for private duty nursing services that
are provided to medically fragile children to ensure the availability of
such services to such children. In establishing rates of payment under
this subdivision, the commissioner shall consider the cost neutrality of
such rates as related to the cost effectiveness of caring for medically
fragile children in a non-institutional setting as compared to an insti-
tutional setting. Medically fragile children shall, for the purposes of
this subdivision, have the same meaning as in subdivision three-a of
section thirty-six hundred fourteen of the public health law. Such
increased rates for services rendered to such children may take into
consideration the elements of cost, geographical differentials in the
elements of cost considered, economic factors in the area in which the
private duty nursing service is provided, costs associated with the
provision of private duty nursing services to medically fragile chil-
dren, and the need for incentives to improve services and institute
economies and such increased rates shall be payable only to those
private duty nurses who can demonstrate, to the satisfaction of the
S. 7506--B 283 A. 9506--B
department of health, satisfactory training and experience to provide
services to such children. Such increased rates shall be determined
based on application of the case mix adjustment factor for AIDS home
care program services rates as determined pursuant to applicable regu-
lations of the department of health. The commissioner may promulgate
regulations to implement the provisions of this subdivision.
[2.] (B) Private duty nursing services providers which have their
rates adjusted pursuant to PARAGRAPH (B) OF SUBDIVISION ONE OF this
section AND PARAGRAPH (A) OF THIS SUBDIVISION shall use such funds sole-
ly for the purposes of recruitment and retention of private duty nurses
or to ensure the delivery of private duty nursing services to medically
fragile children and are prohibited from using such funds for any other
purpose. Funds provided under PARAGRAPH (B) OF SUBDIVISION ONE OF this
section AND PARAGRAPH (A) OF THIS SUBDIVISION are not intended to
supplant support provided by a local government. Each such provider,
with the exception of self-employed private duty nurses, shall submit,
at a time and in a manner to be determined by the commissioner of
health, a written certification attesting that such funds will be used
solely for the purpose of recruitment and retention of private duty
nurses or to ensure the delivery of private duty nursing services to
medically fragile children. The commissioner of health is authorized to
audit each such provider to ensure compliance with the written certif-
ication required by this subdivision and shall recoup all funds deter-
mined to have been used for purposes other than recruitment and
retention of private duty nurses or the delivery of private duty nursing
services to medically fragile children. Such recoupment shall be in
addition to any other penalties provided by law.
(C) THE COMMISSIONER OF HEALTH SHALL, SUBJECT TO THE PROVISIONS OF
PARAGRAPH (B) OF THIS SUBDIVISION, AND THE PROVISIONS OF SUBDIVISION
THREE OF THIS SECTION, AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINAN-
CIAL PARTICIPATION, ANNUALLY INCREASE FEES FOR THE FEE-FOR-SERVICE
REIMBURSEMENT OF PRIVATE DUTY NURSING SERVICES PROVIDED TO MEDICALLY
FRAGILE CHILDREN BY FEE-FOR-SERVICE PRIVATE DUTY NURSING SERVICES
PROVIDERS WHO ENROLL AND PARTICIPATE IN THE PROVIDER DIRECTORY PURSUANT
TO SUBDIVISION THREE OF THIS SECTION, OVER A PERIOD OF THREE YEARS,
COMMENCING OCTOBER FIRST, TWO THOUSAND TWENTY, BY ONE-THIRD ANNUAL
INCREMENTS, UNTIL SUCH FEES FOR REIMBURSEMENT EQUAL THE FINAL BENCHMARK
PAYMENT DESIGNED TO ENSURE ADEQUATE ACCESS TO THE SERVICE. IN DEVELOPING
SUCH BENCHMARK THE COMMISSIONER OF HEALTH MAY UTILIZE THE AVERAGE TWO
THOUSAND EIGHTEEN MEDICAID MANAGED CARE PAYMENTS FOR REIMBURSEMENT OF
SUCH PRIVATE DUTY NURSING SERVICES. THE COMMISSIONER MAY PROMULGATE
REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS PARAGRAPH.
3. PROVIDER DIRECTORY FOR FEE-FOR-SERVICE PRIVATE DUTY NURSING
SERVICES PROVIDED TO MEDICALLY FRAGILE CHILDREN. THE COMMISSIONER OF
HEALTH IS AUTHORIZED TO ESTABLISH A DIRECTORY OF QUALIFIED PROVIDERS FOR
THE PURPOSE OF PROMOTING THE AVAILABILITY AND ENSURING DELIVERY OF FEE-
FOR-SERVICE PRIVATE DUTY NURSING SERVICES TO MEDICALLY FRAGILE CHILDREN
AND INDIVIDUALS TRANSITIONING OUT OF SUCH CATEGORY OF CARE. QUALIFIED
PROVIDERS ENROLLING IN THE DIRECTORY SHALL ENSURE THE AVAILABILITY AND
DELIVERY OF AND SHALL PROVIDE SUCH SERVICES TO THOSE INDIVIDUALS AS ARE
IN NEED OF SUCH SERVICES, AND SHALL RECEIVE INCREASED REIMBURSEMENT FOR
SUCH SERVICES PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS
SECTION. THE DIRECTORY SHALL OFFER ENROLLMENT TO ALL PRIVATE DUTY NURS-
ING SERVICES PROVIDERS TO PROMOTE AND ENSURE THE PARTICIPATION IN THE
DIRECTORY OF ALL NURSING SERVICES PROVIDERS AVAILABLE TO SERVE MEDICALLY
FRAGILE CHILDREN.
S. 7506--B 284 A. 9506--B
§ 3. Paragraph (h) of subdivision 2 of section 365-a of the social
services law, as amended by section 5 of part A of chapter 57 of the
laws of 2018, is amended to read as follows:
(h) speech therapy, and when provided at the direction of a physician
or nurse practitioner, physical therapy including related rehabilitative
services and occupational therapy; [provided, however, that speech ther-
apy and occupational therapy each shall be limited to coverage of twenty
visits per year; physical therapy shall be limited to coverage of forty
visits per year; such limitation shall not apply to persons with devel-
opmental disabilities or, notwithstanding any other provision of law to
the contrary, to persons with traumatic brain injury;]
§ 4. Paragraph (b) of subdivision 4 of section 365-a of the social
services law, as amended by chapter 444 of the laws of 1979, is amended
to read as follows:
(b) care and services of chiropractors and supplies related to the
practice of chiropractic, EXCEPT AS PROVIDED FOR BY THE COMMISSIONER
PURSUANT TO A PILOT PROGRAM APPROVED UNDER FEDERAL LAW AND REGULATION;
§ 5. The commissioner of health is authorized to establish pilot
programs in one or more counties or regions of the state for the purpose
of promoting the use of alternatives to opioid treatment for individuals
suffering from chronic lower back pain by offering access to nonpharma-
cologic treatments such as acupuncture and chiropractic services. Such
access may be provided in select areas that have the highest need for
such services and for select populations. The provisions of this
section shall not take effect unless all necessary approvals under
federal law and regulation have been obtained to receive federal finan-
cial participation in the costs of services provided under this section.
§ 6. Subdivision 2 of section 365-a of the social services law is
amended by adding a new paragraph (hh) to read as follows:
(HH) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH ONE OR MORE MATERNAL
HEALTH PROMOTION PILOT PROGRAMS IN ONE OR MORE COUNTIES OR REGIONS OF
THE STATE, FOR THE PURPOSE OF PROVIDING MEDICAID REIMBURSEMENT OF THE
PRENATAL MATERNAL CHILDBIRTH EDUCATION AND PREPARATION CLASSES FOR
ENROLLEES, AND TRANSPORTATION TO AND FROM SUCH CLASSES, FOR THE PURPOSE
OF IMPROVING MATERNAL OUTCOMES AND REDUCING MATERNAL-INFANT MORTALITY.
THE COMMISSIONER IS AUTHORIZED TO ESTABLISH FEES FOR THE REIMBURSEMENT
OF SUCH CLASSES, SUBJECT TO THE APPROVAL OF THE STATE DIRECTOR OF THE
BUDGET.
§ 7. This act shall take effect October 1, 2020. Provided, however,
that:
1. the director of the budget may, in consultation with the commis-
sioner of health, delay the effective date prescribed herein for a peri-
od of time which shall not exceed ninety days following the conclusion
or termination of an executive order issued pursuant to section 28 of
article 2-B of the executive law declaring a state disaster emergency
for the entire state of New York, upon such delay the director of the
budget shall notify the chairs of the assembly ways and means committee
and senate finance committee and the chairs of the assembly and senate
health committee; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon any
delay of such effective date 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; and
S. 7506--B 285 A. 9506--B
2. provided that the division of budget shall notify the legislative
bill drafting commission upon the occurrence of the necessary approvals
under federal law and regulation provided for in section one of this act
in order that the commission may maintain an accurate and timely effec-
tive 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.
PART QQ
Section 1. Subdivision 4 of section 145-b of the social services law,
as amended by section 51 of part C of chapter 58 of the laws of 2007, is
amended to read as follows:
4. (a) The MEDICAID INSPECTOR GENERAL, IN CONSULTATION WITH THE
department of health, may require the payment of a monetary penalty as
restitution to the medical assistance program by any person who fails to
comply with the standards of the medical assistance program or [of]
STANDARDS OF generally accepted medical practice in a substantial number
of cases or grossly and flagrantly violated such standards and:
(I) receives, or causes to be received by another person, payment from
the medical assistance program when such person knew, or had reason to
know, that:
[(i)] (A) the payment involved the providing or ordering of care,
services or supplies that were medically improper, unnecessary or in
excess of the documented medical needs of the person to whom they were
furnished;
[(ii)] (B) the care, services or supplies were not provided as
claimed;
[(iii)] (C) the person who ordered [or], prescribed, OR FURNISHED THE
care, services or supplies which [was] WERE medically improper, unneces-
sary or in excess of the documented medical need of the person to whom
they were furnished was suspended or excluded from the medical assist-
ance program at the time the care, services or supplies were furnished;
or
[(iv)] (D) the services or supplies for which payment was received
were not, in fact, provided; OR
(II) SUCH PERSON FAILS TO GRANT TIMELY ACCESS TO FACILITIES AND
RECORDS, UPON REASONABLE NOTICE, TO THE MEDICAID INSPECTOR GENERAL, THE
MEDICAID FRAUD CONTROL UNIT OF THE ATTORNEY GENERAL'S OFFICE, OR THE
DEPARTMENT OF HEALTH FOR THE PURPOSE OF AUDITS, INVESTIGATIONS, REVIEWS,
OR OTHER STATUTORY FUNCTIONS. FOR PURPOSES OF THIS SUBPARAGRAPH,
"REASONABLE NOTICE" MEANS A WRITTEN REQUEST MADE BY A PROPERLY IDENTI-
FIED AGENT OF THE MEDICAID INSPECTOR GENERAL, THE MEDICAID FRAUD CONTROL
UNIT OF THE ATTORNEY GENERAL'S OFFICE, OR THE DEPARTMENT OF HEALTH
EITHER, DURING HOURS THAT THE INDIVIDUAL OR ENTITY IS OPEN FOR BUSINESS,
OR MAILED TO THE INDIVIDUAL OR ENTITY TO AN ADDRESS ON FILE WITH THE
DEPARTMENT OF HEALTH OR LAST KNOWN ADDRESS. THE REQUEST SHALL INCLUDE A
STATEMENT OF THE AUTHORITY FOR THE REQUEST, THE DEFINITION OF "REASON-
ABLE NOTICE", AND THE PENALTIES FOR FAILURE TO COMPLY;
(III) SUCH PERSON KNEW OR SHOULD HAVE KNOWN THAT AN OVERPAYMENT HAS
BEEN IDENTIFIED AND DOES NOT REPORT, RETURN AND EXPLAIN THE OVERPAYMENT
IN ACCORDANCE WITH SUBDIVISION SIX OF SECTION THREE HUNDRED
SIXTY-THREE-D OF THIS ARTICLE;
(IV) SUCH PERSON ARRANGES OR CONTRACTS, BY EMPLOYMENT, AGREEMENT, OR
OTHERWISE, WITH AN INDIVIDUAL OR ENTITY THAT THE PERSON KNOWS OR SHOULD
KNOW IS SUSPENDED OR EXCLUDED FROM THE MEDICAL ASSISTANCE PROGRAM AT THE
S. 7506--B 286 A. 9506--B
TIME SUCH ARRANGEMENT OR CONTRACT REGARDING ACTIVITIES RELATED TO THE
MEDICAL ASSISTANCE PROGRAM IS MADE.
(V) FOR PURPOSES OF THIS PARAGRAPH, "PERSON" AS USED IN SUBPARAGRAPH
(I) DOES NOT INCLUDE RECIPIENTS OF THE MEDICAL ASSISTANCE PROGRAM; AND
"PERSON" AS USED IN SUBPARAGRAPHS (II) -- (IV), IS AS DEFINED IN PARA-
GRAPH (E) OF SUBDIVISION (6) OF SECTION THREE HUNDRED SIXTY-THREE-D OF
THIS CHAPTER.
(b) [For each claim, the department of health is authorized to recover
any overpayment, unauthorized payment, or otherwise inappropriate
payment and if twenty-five percent or more of those claims which were
the subject of an audit by the department of health result in overpay-
ments, unauthorized payments or otherwise inappropriate payments and for
which the claims were submitted by a person for payment under the
medical assistance program, the department may also impose a monetary
penalty against any person, or persons, who received the overpayment,
unauthorized payment, or otherwise inappropriate payment for such claim.
If less than twenty-five percent of identified claims result in overpay-
ments, unauthorized payments or otherwise inappropriate payments then
the department of health may recover such monies or may impose a mone-
tary penalty, but not both. In addition, the department of health is
also authorized to recover any overpayment, unauthorized payment, or
otherwise inappropriate payment and impose a monetary penalty against
any person, or persons, other than a recipient of an item or service
under the medical assistance program, who caused the overpayment, unau-
thorized payment, or otherwise inappropriate payment to be received by
the other person or persons. All of the foregoing actions may be taken
by the department of health for the same claim.] In determining the
amount of any monetary penalty to be imposed, the MEDICAID INSPECTOR
GENERAL, IN CONSULTATION WITH THE department of health [must], SHALL
take into consideration the following:
(i) the number and total value of the claims for payment from the
medical assistance program which were the underlying basis of the deter-
mination to impose a monetary penalty;
(ii) the effect, if any, on the quality of medical care provided to
recipients of medical assistance as a result of the acts of the person;
(iii) the degree of culpability of the person in committing the
proscribed actions and any mitigating circumstances;
(iv) any prior violations committed by the person relating to the
medical assistance program, Medicare or other social services programs
which resulted in either a criminal or administrative sanction, penalty,
or recoupment; and
(v) any other facts relating to the nature and seriousness of the
violations including any exculpatory facts. [However, in no event can
the department of health recover overpayments, unauthorized payments, or
otherwise inappropriate payments from any person, or persons, for a
single claim, in an amount that exceeds the amount paid for such claim.
In]
(C) (I) FOR SUBPARAGRAPHS (I), (III), AND (IV) OF PARAGRAPH (A) OF
THIS SUBDIVISION, IN no event shall the monetary penalty imposed exceed
ten thousand dollars for each item or service which was the subject of
the determination herein, except that where a penalty under this section
has been imposed on a person within the previous five years, such penal-
ty shall not exceed thirty thousand dollars for each item or service
which was the subject of the determination herein.
S. 7506--B 287 A. 9506--B
[(c)] (II) FOR SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION,
IN NO EVENT SHALL THE MONETARY PENALTY EXCEED FIFTEEN THOUSAND DOLLARS
FOR EACH DAY OF THE FAILURE DESCRIBED IN SUCH SUBPARAGRAPH.
(D) Amounts collected pursuant to this subdivision shall be appor-
tioned between the local social services district and the state in
accordance with the regulations of the department of health.
(E) FOR THE PURPOSES OF THIS SUBDIVISION, "GROSS AND FLAGRANT
VIOLATION" SHALL MEAN CONDUCT WHICH HAS AN ADVERSE EFFECT ON THE FISCAL
INTEGRITY OF THE MEDICAL ASSISTANCE PROGRAM AND:
(I) WHICH SUBSTANTIALLY IMPAIRS THE DELIVERY OF HIGH QUALITY MEDICAL
CARE, SERVICES, OR SUPPLIES; OR
(II) WHICH SUBSTANTIALLY IMPAIRS THE OVERSIGHT AND ADMINISTRATION OF
THE PROGRAM.
(F) A PERSON AGAINST WHOM A MONETARY PENALTY IS IMPOSED PURSUANT TO
THIS SUBDIVISION SHALL BE ENTITLED TO NOTICE AND AN OPPORTUNITY TO BE
HEARD, INCLUDING THE RIGHT TO REQUEST A HEARING PURSUANT TO SECTION
TWENTY-TWO OF THIS CHAPTER.
§ 2. Subdivision 2 of section 363-d of the social services law, as
added by chapter 442 of the laws of 2006, is amended to read as follows:
2. Every provider of medical assistance program items and services
that is subject to subdivision four of this section shall adopt and
implement a compliance program. The office of Medicaid inspector general
shall create and make available on its website guidelines, which may
include a model compliance program, that reflect the requirements of
this section. Such [program shall at a minimum be applicable to bill-
ings to and payments from the medical assistance program but need not be
confined to such matters] COMPLIANCE PROGRAMS SHALL MEET THE REQUIRE-
MENTS INCLUDED IN THIS SUBDIVISION AS A CONDITION OF PAYMENT FROM THE
MEDICAL ASSISTANCE PROGRAM. The compliance program required pursuant to
this section may be a component of more comprehensive compliance activ-
ities by the medical assistance provider so long as the requirements of
this section are met. [A compliance program shall include the following
elements:
(a) written policies and procedures that describe compliance expecta-
tions as embodied in a code of conduct or code of ethics, implement the
operation of the compliance program, provide guidance to employees and
others on dealing with potential compliance issues, identify how to
communicate compliance issues to appropriate compliance personnel and
describe how potential compliance problems are investigated and
resolved;
(b) designate an employee vested with responsibility for the day-to-
day operation of the compliance program; such employee's duties may
solely relate to compliance or may be combined with other duties so long
as compliance responsibilities are satisfactorily carried out; such
employee shall report directly to the entity's chief executive or other
senior administrator and shall periodically report directly to the
governing body on the activities of the compliance program;
(c) training and education of all affected employees and persons asso-
ciated with the provider, including executives and governing body
members, on compliance issues, expectations and the compliance program
operation; such training shall occur periodically and shall be made a
part of the orientation for a new employee, appointee or associate,
executive and governing body member;
(d) communication lines to the responsible compliance position, as
described in paragraph (b) of this subdivision, that are accessible to
all employees, persons associated with the provider, executives and
S. 7506--B 288 A. 9506--B
governing body members, to allow compliance issues to be reported; such
communication lines shall include a method for anonymous and confiden-
tial good faith reporting of potential compliance issues as they are
identified;
(e) disciplinary policies to encourage good faith participation in the
compliance program by all affected individuals, including policies that
articulate expectations for reporting compliance issues and assist in
their resolution and outline sanctions for: (1) failing to report
suspected problems; (2) participating in non-compliant behavior; or (3)
encouraging, directing, facilitating or permitting non-compliant behav-
ior; such disciplinary policies shall be fairly and firmly enforced;
(f) a system for routine identification of compliance risk areas
specific to the provider type, for self-evaluation of such risk areas,
including internal audits and as appropriate external audits, and for
evaluation of potential or actual non-compliance as a result of such
self-evaluations and audits;
(g) a system for responding to compliance issues as they are raised;
for investigating potential compliance problems; responding to compli-
ance problems as identified in the course of self-evaluations and
audits; correcting such problems promptly and thoroughly and implement-
ing procedures, policies and systems as necessary to reduce the poten-
tial for recurrence; identifying and reporting compliance issues to the
department or the office of Medicaid inspector general; and refunding
overpayments;
(h) a policy of non-intimidation and non-retaliation for good faith
participation in the compliance program, including but not limited to
reporting potential issues, investigating issues, self-evaluations,
audits and remedial actions, and reporting to appropriate officials as
provided in sections seven hundred forty and seven hundred forty-one of
the labor law.] EVERY PROVIDER SHALL ADOPT AND IMPLEMENT AN EFFECTIVE
COMPLIANCE PROGRAM, WHICH SHALL INCLUDE MEASURES THAT PREVENT, DETECT,
AND CORRECT NON-COMPLIANCE WITH MEDICAL ASSISTANCE PROGRAM REQUIREMENTS
AS WELL AS MEASURES THAT PREVENT, DETECT, AND CORRECT FRAUD, WASTE, AND
ABUSE. THE COMPLIANCE PROGRAM SHALL INCLUDE THE FOLLOWING REQUIREMENTS:
(A) WRITTEN POLICIES, PROCEDURES, AND STANDARDS OF CONDUCT THAT:
(1) ARTICULATE THE ORGANIZATION'S COMMITMENT TO COMPLY WITH ALL APPLI-
CABLE FEDERAL AND STATE STANDARDS;
(2) DESCRIBE COMPLIANCE EXPECTATIONS AS EMBODIED IN THE STANDARDS OF
CONDUCT;
(3) IMPLEMENT THE OPERATION OF THE COMPLIANCE PROGRAM;
(4) PROVIDE GUIDANCE TO EMPLOYEES AND OTHERS ON DEALING WITH POTENTIAL
COMPLIANCE ISSUES;
(5) IDENTIFY HOW TO COMMUNICATE COMPLIANCE ISSUES TO APPROPRIATE
COMPLIANCE PERSONNEL;
(6) DESCRIBE HOW POTENTIAL COMPLIANCE ISSUES ARE INVESTIGATED AND
RESOLVED BY THE ORGANIZATION;
(7) INCLUDE A POLICY OF NON-INTIMIDATION AND NON-RETALIATION FOR GOOD
FAITH PARTICIPATION IN THE COMPLIANCE PROGRAM, INCLUDING BUT NOT LIMITED
TO REPORTING POTENTIAL ISSUES, INVESTIGATING ISSUES, CONDUCTING SELF-E-
VALUATIONS, AUDITS AND REMEDIAL ACTIONS, AND REPORTING TO APPROPRIATE
OFFICIALS; AND
(8) ALL REQUIREMENTS LISTED UNDER 42 U.S.C.1396-A(A)(68).
(B) DESIGNATION OF A COMPLIANCE OFFICER AND A COMPLIANCE COMMITTEE WHO
REPORT DIRECTLY AND ARE ACCOUNTABLE TO THE ORGANIZATION'S CHIEF EXECU-
TIVE OR OTHER SENIOR MANAGEMENT.
S. 7506--B 289 A. 9506--B
(C)(1) EACH PROVIDER SHALL ESTABLISH AND IMPLEMENT EFFECTIVE TRAINING
AND EDUCATION FOR ITS COMPLIANCE OFFICER AND ORGANIZATION EMPLOYEES, THE
CHIEF EXECUTIVE AND OTHER SENIOR ADMINISTRATORS, MANAGERS AND GOVERNING
BODY MEMBERS.
(2) SUCH TRAINING AND EDUCATION SHALL OCCUR AT A MINIMUM ANNUALLY AND
SHALL BE MADE A PART OF THE ORIENTATION FOR A NEW EMPLOYEE AND NEW
APPOINTMENT OF A CHIEF EXECUTIVE, MANAGER, OR GOVERNING BODY MEMBER.
(D) ESTABLISHMENT AND IMPLEMENTATION OF EFFECTIVE LINES OF COMMUNI-
CATION, ENSURING CONFIDENTIALITY, BETWEEN THE COMPLIANCE OFFICER,
MEMBERS OF THE COMPLIANCE COMMITTEE, THE ORGANIZATION'S EMPLOYEES,
MANAGERS AND GOVERNING BODY, AND THE ORGANIZATIONS FIRST TIER, DOWN-
STREAM, AND RELATED ENTITIES. SUCH LINES OF COMMUNICATION SHALL BE
ACCESSIBLE TO ALL AND ALLOW COMPLIANCE ISSUES TO BE REPORTED INCLUDING A
METHOD FOR ANONYMOUS AND CONFIDENTIAL GOOD FAITH REPORTING OF POTENTIAL
COMPLIANCE ISSUES AS THEY ARE IDENTIFIED.
(E) WELL-PUBLICIZED DISCIPLINARY STANDARDS THROUGH THE IMPLEMENTATION
OF PROCEDURES WHICH ENCOURAGE GOOD FAITH PARTICIPATION IN THE COMPLIANCE
PROGRAM BY ALL AFFECTED INDIVIDUALS.
(F) ESTABLISHMENT AND IMPLEMENTATION OF AN EFFECTIVE SYSTEM FOR
ROUTINE MONITORING AND IDENTIFICATION OF COMPLIANCE RISKS. THE SYSTEM
SHOULD INCLUDE INTERNAL MONITORING AND AUDITS AND, AS APPROPRIATE,
EXTERNAL AUDITS, TO EVALUATE THE ORGANIZATION'S COMPLIANCE WITH THE
MEDICAL ASSISTANCE PROGRAM REQUIREMENTS AND THE OVERALL EFFECTIVENESS OF
THE COMPLIANCE PROGRAM.
(G) ESTABLISHMENT AND IMPLEMENTATION OF PROCEDURES AND A SYSTEM FOR
PROMPTLY RESPONDING TO COMPLIANCE ISSUES AS THEY ARE RAISED, INVESTIGAT-
ING POTENTIAL COMPLIANCE PROBLEMS AS IDENTIFIED IN THE COURSE OF SELF-E-
VALUATIONS AND AUDITS, CORRECTING SUCH PROBLEMS PROMPTLY AND THOROUGHLY
TO REDUCE THE POTENTIAL FOR RECURRENCE, AND ENSURE ONGOING COMPLIANCE
WITH THE MEDICAL ASSISTANCE PROGRAMS REQUIREMENTS.
§ 3. Subdivision 3 of section 363-d of the social services law is
amended by adding two new paragraphs (d) and (e) to read as follows:
(D)(1) IN THE FIRST INSTANCE OF THE MEDICAID INSPECTOR GENERAL'S
DETERMINATION THAT THE PROVIDER, INCLUDING A MEDICAID MANAGED CARE
PROVIDER, THAT HAS FAILED TO ADOPT AND IMPLEMENT A COMPLIANCE PROGRAM
WHICH SATISFACTORILY MEETS THE REQUIREMENTS OF THIS SECTION, THE MEDI-
CAID INSPECTOR GENERAL MAY IMPOSE A MONETARY PENALTY OF FIVE THOUSAND
DOLLARS PER CALENDAR MONTH, FOR A MAXIMUM OF TWELVE CALENDAR MONTHS
AGAINST A PROVIDER, INCLUDING MEDICAID MANAGED CARE PROVIDERS.
(2) THE MEDICAID INSPECTOR GENERAL MAY IMPOSE A MONETARY PENALTY OF UP
TO TEN THOUSAND DOLLARS PER CALENDAR MONTH, FOR A MAXIMUM OF TWELVE
CALENDAR MONTHS AGAINST A PROVIDER, INCLUDING A MEDICAID MANAGED CARE
PROVIDER, THAT HAS FAILED TO ADOPT AND IMPLEMENT A COMPLIANCE PROGRAM
WHICH SATISFACTORILY MEETS THE REQUIREMENTS OF THIS SECTION, IF A PENAL-
TY WAS PREVIOUSLY IMPOSED UNDER SUBPARAGRAPH ONE OF THIS PARAGRAPH WITH-
IN THE PREVIOUS FIVE YEARS.
(E) A PROVIDER, INCLUDING A MEDICAID MANAGED CARE PROVIDER, AGAINST
WHOM A MONETARY PENALTY IS IMPOSED PURSUANT TO PARAGRAPH (D) OF THIS
SUBDIVISION SHALL BE ENTITLED TO NOTICE AND AN OPPORTUNITY TO BE HEARD,
INCLUDING THE RIGHT TO REQUEST A HEARING PURSUANT TO SECTION TWENTY-TWO
OF THIS CHAPTER.
§ 4. Subdivision 4 of section 363-d of the social services law, as
added by chapter 442 of the laws of 2006, is amended to read as follows:
4. [The Medicaid inspector general, in consultation with the depart-
ment of health, shall promulgate regulations establishing those provid-
S. 7506--B 290 A. 9506--B
ers] PROVIDERS that shall be subject to the provisions of this section
[including] INCLUDE, but ARE not limited to[,] :
(A) those subject to the provisions of articles twenty-eight and thir-
ty-six of the public health law[,];
(B) THOSE SUBJECT TO THE PROVISIONS OF articles sixteen and thirty-one
of the mental hygiene law[,];
(C) NOTWITHSTANDING THE PROVISIONS OF SECTION FORTY-FOUR HUNDRED FOUR-
TEEN OF THE PUBLIC HEALTH LAW, MANAGED CARE PROVIDERS, AS DEFINED IN
SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE AND INCLUDES MANAGED
LONG-TERM CARE PLANS; and
(D) other providers of care, services and supplies under the medical
assistance program for which the medical assistance program is a
substantial portion of their business operations.
§ 5. Section 363-d of the social services law is amended by adding
three new subdivisions 5, 6 and 7 to read as follows:
5. (A) THE MEDICAID INSPECTOR GENERAL, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, SHALL PROMULGATE ANY REGULATIONS NECESSARY TO
IMPLEMENT THIS SECTION.
(B) THE MEDICAID INSPECTOR GENERAL SHALL ACCEPT PROGRAMS AND PROCESSES
IMPLEMENTED PURSUANT TO SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE
PUBLIC HEALTH LAW AS SATISFYING THE OBLIGATIONS OF THIS SECTION AND THE
REGULATIONS PROMULGATED THEREUNDER WHEN SUCH PROGRAMS AND PROCESSES
INCORPORATE THE OBJECTIVES CONTEMPLATED BY THIS SECTION.
6. (A) IF A PERSON HAS RECEIVED AN OVERPAYMENT UNDER THE MEDICAL
ASSISTANCE PROGRAM, THE PERSON SHALL:
(1) REPORT AND RETURN THE OVERPAYMENT TO THE DEPARTMENT; AND
(2) NOTIFY THE MEDICAID INSPECTOR GENERAL IN WRITING OF THE REASON FOR
THE OVERPAYMENT.
(B) AN OVERPAYMENT SHALL BE REPORTED AND RETURNED UNDER PARAGRAPH (A)
OF THIS SUBDIVISION BY THE LATER OF: (1) THE DATE WHICH IS SIXTY DAYS
AFTER THE DATE ON WHICH THE OVERPAYMENT WAS IDENTIFIED; OR (2) THE DATE
ANY CORRESPONDING COST REPORT IS DUE, IF APPLICABLE. A PERSON HAS IDEN-
TIFIED AN OVERPAYMENT WHEN THE PERSON HAS OR SHOULD HAVE THROUGH THE
EXERCISE OF REASONABLE DILIGENCE, DETERMINED THAT THE PERSON HAS
RECEIVED AN OVERPAYMENT AND QUANTIFIED THE AMOUNT OF THE OVERPAYMENT. A
PERSON SHOULD HAVE DETERMINED THAT THE PERSON RECEIVED AN OVERPAYMENT
AND QUANTIFIED THE AMOUNT OF THE OVERPAYMENT IF THE PERSON FAILS TO
EXERCISE REASONABLE DILIGENCE AND THE PERSON IN FACT RECEIVED AN OVER-
PAYMENT.
(C) THE DEADLINE FOR RETURNING OVERPAYMENTS SHALL BE TOLLED WHEN THE
FOLLOWING OCCURS:
(1) THE MEDICAID INSPECTOR GENERAL ACKNOWLEDGES RECEIPT OF A
SUBMISSION TO THE MEDICAID INSPECTOR GENERAL'S SELF-DISCLOSURE PROGRAM
UNDER SUBDIVISION SEVEN OF THIS SECTION, AND SHALL REMAIN TOLLED UNTIL
SUCH TIME AS A SELF-DISCLOSURE AND COMPLIANCE AGREEMENT, PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION IS FULLY EXECUTED, THE PERSON WITH-
DRAWS FROM THE SELF-DISCLOSURE PROGRAM, THE PERSON REPAYS THE OVERPAY-
MENT AND ANY INTEREST DUE, OR THE PERSON IS REMOVED FROM THE SELF-DIS-
CLOSURE PROGRAM BY THE MEDICAID INSPECTOR GENERAL; OR
(2) IN THE ABSENCE OF A FINDING OF FRAUD A PERSON MAY REPAY AN OVER-
PAYMENT THROUGH INSTALLMENT PAYMENTS AS DESCRIBED IN SUBDIVISION SEVEN
OF THIS SECTION AND SHALL REMAIN TOLLED UNTIL SUCH TIME AS THE PROVIDER
REPAYS THE OVERPAYMENT AND ANY INTEREST DUE, THE MEDICAID INSPECTOR
GENERAL REJECTS THE INSTALLMENT PAYMENT SCHEDULE REQUESTED BY THE
PROVIDER, OR THE PROVIDER FAILS TO COMPLY WITH THE TERMS OF THE INSTALL-
MENT PAYMENT SCHEDULE.
S. 7506--B 291 A. 9506--B
(D) ANY OVERPAYMENT RETAINED BY A PERSON AFTER THE DEADLINE FOR
REPORTING AND RETURNING THE OVERPAYMENT UNDER PARAGRAPH (B) OF THIS
SUBDIVISION SHALL BE SUBJECT TO A MONETARY PENALTY PURSUANT TO SUBDIVI-
SION FOUR OF SECTION ONE HUNDRED FORTY-FIVE-B OF THIS ARTICLE.
(E) FOR PURPOSES OF THIS SUBDIVISION, "PERSON" MEANS A PROVIDER OF
SERVICES OR SUPPLIES, MANAGED CARE PROVIDER, AS DEFINED IN PARAGRAPH (B)
OF SUBDIVISION ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE
AND INCLUDES MANAGED LONG-TERM CARE PLANS, AND DOES NOT INCLUDE RECIPI-
ENTS OF THE MEDICAL ASSISTANCE PROGRAM.
7. SELF-DISCLOSURE PROGRAM. (A) NOTWITHSTANDING THE PROVISIONS OF ANY
OTHER LAW TO THE CONTRARY, THERE IS HEREBY ESTABLISHED A VOLUNTARY SELF-
DISCLOSURE PROGRAM TO BE ADMINISTERED BY THE MEDICAID INSPECTOR GENERAL,
IN CONSULTATION WITH THE COMMISSIONER, FOR ALL PERSONS DESCRIBED IN THIS
SECTION OWING ANY OVERPAYMENT TO THE MEDICAL ASSISTANCE PROGRAM.
(B) FOR PURPOSES OF THIS SUBDIVISION, "PERSON" MEANS ANY PERSON
PROVIDING SERVICES OR RECEIVING PAYMENT UNDER THE MEDICAL ASSISTANCE
PROGRAM, A MANAGED CARE PROVIDER AS DEFINED IN PARAGRAPH (B) OF SUBDIVI-
SION ONE OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS TITLE, INCLUDING
MANAGED LONG-TERM CARE PLANS, AND ANY SUBCONTRACTORS OR NETWORK PROVID-
ERS THEREOF.
(C) IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THE SELF-DISCLOSURE
PROGRAM, A PERSON SHALL SATISFY THE FOLLOWING CONDITIONS:
(1) THE PERSON IS NOT CURRENTLY UNDER AUDIT, INVESTIGATION OR REVIEW
BY THE MEDICAID INSPECTOR GENERAL, UNLESS THE OVERPAYMENT AND THE
RELATED CONDUCT BEING DISCLOSED DOES NOT RELATE TO THE MEDICAID INSPEC-
TOR GENERAL'S AUDIT, INVESTIGATION OR REVIEW;
(2) THE PERSON IS DISCLOSING AN OVERPAYMENT AND RELATED CONDUCT THAT
THE MEDICAID INSPECTOR GENERAL HAS NOT DETERMINED, CALCULATED,
RESEARCHED OR IDENTIFIED AT THE TIME OF THE DISCLOSURE;
(3) THE OVERPAYMENT AND RELATED CONDUCT IS REPORTED BY THE DEADLINE
SPECIFIED IN SUBDIVISION SIX OF THIS SECTION; AND
(4) THE PERSON IS NOT CURRENTLY A PARTY TO ANY CRIMINAL INVESTIGATION
BEING CONDUCTED BY THE DEPUTY ATTORNEY GENERAL FOR THE MEDICAID FRAUD
CONTROL UNIT OR AN AGENCY OF THE UNITED STATES GOVERNMENT OR ANY POLI-
TICAL SUBDIVISION THEREOF.
(D) NOTWITHSTANDING SUBDIVISION THREE OF SECTION ONE HUNDRED FORTY-
FIVE-B OF THIS ARTICLE, THE MEDICAID INSPECTOR GENERAL MAY WAIVE INTER-
EST ON ANY OVERPAYMENT REPORTED, RETURNED, AND EXPLAINED BY AN ELIGIBLE
PERSON UNDER THIS SUBDIVISION. FURTHERMORE, AN ELIGIBLE PERSON'S GOOD
FAITH PARTICIPATION IN THE SELF-DISCLOSURE PROGRAM MAY BE CONSIDERED AS
A MITIGATING FACTOR IN THE DETERMINATION OF AN ADMINISTRATIVE ENFORCE-
MENT ACTION.
(E) TO PARTICIPATE IN THE SELF-DISCLOSURE PROGRAM, AN ELIGIBLE PERSON
SHALL APPLY BY SUBMITTING A SELF-DISCLOSURE STATEMENT IN THE FORM AND
MANNER PRESCRIBED BY THE MEDICAID INSPECTOR GENERAL. THE STATEMENT SHALL
CONTAIN ALL THE INFORMATION REQUIRED BY THE MEDICAID INSPECTOR GENERAL
TO EFFECTIVELY ADMINISTER THE SELF-DISCLOSURE PROGRAM.
(F) (1) THE ELIGIBLE PERSON SHALL PAY THE OVERPAYMENT AMOUNT DETER-
MINED BY THE MEDICAID INSPECTOR GENERAL TO THE DEPARTMENT WITHIN FIFTEEN
DAYS OF THE MEDICAID INSPECTOR GENERAL NOTIFYING THE PERSON OF THE
AMOUNT DUE.
(2) IN THE EVENT THE MEDICAID INSPECTOR GENERAL IS SATISFIED THAT THE
PERSON CANNOT MAKE IMMEDIATE FULL PAYMENT OF THE DISCLOSED OVERPAYMENT,
THE MEDICAID INSPECTOR GENERAL MAY PERMIT THE PERSON TO REPAY THE OVER-
PAYMENT AND ANY INTEREST DUE THROUGH INSTALLMENT PAYMENTS. THE MEDICAID
INSPECTOR GENERAL MAY REQUIRE A FINANCIAL DISCLOSURE STATEMENT SETTING
S. 7506--B 292 A. 9506--B
FORTH INFORMATION CONCERNING THE PERSON'S CURRENT ASSETS, LIABILITIES,
EARNINGS, AND OTHER FINANCIAL INFORMATION BEFORE ENTERING INTO AN
INSTALLMENT PAYMENT PLAN WITH THE PERSON.
(3) IF THE PERSON AND THE OVERPAYMENT ARE ELIGIBLE UNDER THE SELF-DIS-
CLOSURE PROGRAM, THE MEDICAID INSPECTOR GENERAL SHALL BE AUTHORIZED TO
ENTER INTO A SELF-DISCLOSURE AND COMPLIANCE AGREEMENT WITH THE PERSON.
THE SELF-DISCLOSURE AND COMPLIANCE AGREEMENT SHALL BE IN A FORM TO BE
ESTABLISHED BY THE MEDICAID INSPECTOR GENERAL AND INCLUDE SUCH TERMS AS
THE MEDICAID INSPECTOR GENERAL SHALL REQUIRE FOR THE REPAYMENT OF THE
PERSON'S DISCLOSED OVERPAYMENT AND ENABLE AND REQUIRE THE PERSON TO
COMPLY WITH THE REQUIREMENTS OF THE MEDICAL ASSISTANCE PROGRAM IN THE
FUTURE. THE PERSON SHALL EXECUTE THE SELF-DISCLOSURE AND COMPLIANCE
AGREEMENT WITHIN FIFTEEN DAYS OF RECEIVING SAID AGREEMENT FROM THE MEDI-
CAID INSPECTOR GENERAL, OR SUCH OTHER TIMEFRAME PERMITTED BY THE MEDI-
CAID INSPECTOR GENERAL, PROVIDED HOWEVER, THAT SUCH OTHER PERIOD IS NOT
LESS THAN FIFTEEN DAYS.
(4) IF THE PERSON PROVIDES FALSE MATERIAL INFORMATION OR OMITS MATERI-
AL INFORMATION IN HIS OR HER SUBMISSIONS TO THE MEDICAID INSPECTOR
GENERAL, OR ATTEMPTS TO DEFEAT OR EVADE AN OVERPAYMENT DUE PURSUANT TO
THE SELF-DISCLOSURE AND COMPLIANCE AGREEMENT EXECUTED UNDER THIS SUBDI-
VISION, OR FAILS TO COMPLY WITH THE TERMS OF THE SELF-DISCLOSURE AND
COMPLIANCE AGREEMENT, OR REFUSES TO EXECUTE THE SELF-DISCLOSURE AND
COMPLIANCE AGREEMENT IN THE TIMEFRAMES SPECIFIED UNDER THIS SECTION,
SUCH AGREEMENT SHALL BE DEEMED RESCINDED AND THE PROVIDER'S PARTIC-
IPATION IN THE SELF-DISCLOSURE PROGRAM TERMINATED.
(5) A PERSON AGAINST WHOM A SELF-DISCLOSURE AND COMPLIANCE AGREEMENT
IS RESCINDED AND PARTICIPATION IN THE SELF-DISCLOSURE PROGRAM IS TERMI-
NATED PURSUANT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH SHALL BE ENTITLED
TO NOTICE.
(G) THE MEDICAID INSPECTOR GENERAL, IN CONSULTATION WITH THE COMMIS-
SIONER, MAY PROMULGATE REGULATIONS, ISSUE FORMS AND INSTRUCTIONS, AND
TAKE ANY AND ALL OTHER ACTIONS NECESSARY TO IMPLEMENT THE PROVISIONS OF
THE SELF-DISCLOSURE PROGRAM ESTABLISHED UNDER THIS SECTION TO MAXIMIZE
PUBLIC AWARENESS AND PARTICIPATION IN SUCH PROGRAM.
§ 6. Paragraph (b) of subdivision 2 of section 367-a of the social
services law, as amended by section 116 of part C of chapter 58 of the
laws of 2009, is amended to read as follows:
(b) Any inconsistent provision of this chapter or other law notwith-
standing, upon furnishing assistance under this title to any applicant
or recipient of medical assistance, the local social services district
or the department shall be subrogated, to the extent of the expenditures
by such district or department for medical care furnished, to any rights
such person may have to medical support or reimbursement from liable
third parties, including but not limited to health insurers, self-in-
sured plans, group health plans, service benefit plans, managed care
organizations, pharmacy benefit managers, or other parties that are, by
statute, contract, or agreement, legally responsible for payment of a
claim for a health care item or service. For purposes of this section,
the term medical support shall mean the right to support specified as
support for the purpose of medical care by a court or administrative
order. The right of subrogation does not attach to insurance benefits
paid or provided under any health insurance policy prior to the receipt
of written notice of the exercise of subrogation rights by the carrier
issuing such insurance, nor shall such right of subrogation attach to
any benefits which may be claimed by a social services official or the
department, by agreement or other established procedure, directly from
S. 7506--B 293 A. 9506--B
an insurance carrier. No right of subrogation to insurance benefits
available under any health insurance policy shall be enforceable unless
written notice of the exercise of such subrogation right is received by
the carrier within three years from the date services for which benefits
are provided under the policy or contract are rendered. Liable third
parties shall not deny a claim made by a social services official or the
department in conformance with this paragraph solely on the basis of the
date of submission of the claim, the type or format of the claim form, A
FAILURE TO OBTAIN PRIOR AUTHORIZATION, or a failure to present proper
documentation at the point-of-sale that is the basis of the claim.
LIABLE THIRD PARTIES SHALL RESPOND TO A REQUEST FOR PAYMENT WITHIN SIXTY
CALENDAR DAYS AFTER RECEIPT OF WRITTEN PROOF OF LOSS OR CLAIM FOR
PAYMENT FOR HEALTH CARE SERVICES PROVIDED TO A RECIPIENT OF MEDICAID WHO
IS COVERED BY THE THIRD PARTY AND SHALL NOT CHARGE A FEE TO PROCESS OR
ADJUDICATE A CLAIM. The local social services district or the department
shall also notify the carrier when the exercise of subrogation rights
has terminated because a person is no longer receiving assistance under
this title. Such carrier shall establish mechanisms to maintain the
confidentiality of all individually identifiable information or records.
Such carrier shall limit the use of such information or record to the
specific purpose for which such disclosure is made, and shall not
further disclose such information or records.
§ 7. Section 364-j of the social services law is amended by adding two
new subdivisions 38 and 39 to read as follows:
38. PENALTIES FOR THE SUBMISSION OF MISSTATED COST REPORTS. (A) FOR
PURPOSES OF THIS SUBDIVISION, MANAGED CARE PROVIDER SHALL ALSO INCLUDE
MANAGED LONG-TERM CARE PLANS.
(B) THE MEDICAID INSPECTOR GENERAL MAY, IN HIS OR HER DISCRETION AND
IN CONSULTATION WITH THE COMMISSIONER, IMPOSE A PENALTY ON A MANAGED
CARE PROVIDER WHOSE FILED COST REPORT CONTAINED A MISSTATEMENT OF FACT
INCLUDING:
(I) UNSUBSTANTIATED OR IMPROPER COSTS;
(II) NUMBER OF MEMBER MONTHS;
(III) NUMBER OF EVENTS.
FOR PURPOSES OF THIS PARAGRAPH, NUMBER OF EVENTS SHALL INCLUDE, BUT
NOT BE LIMITED TO UNDERSTATED BIRTHS OR DELIVERIES.
(C) (I) FOR MISSTATEMENTS FOUND IN SUBPARAGRAPH (I) OF PARAGRAPH (B)
OF THIS SUBDIVISION, THE PENALTY SHALL BE EQUAL TO THE AMOUNT OF THE
MISSTATEMENT MULTIPLIED BY TWO.
(II) FOR MISSTATEMENTS FOUND IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
THIS SUBDIVISION, THE PENALTY SHALL BE THE AMOUNT OF THE PREMIUM CAPITA-
TION PAID BY THE DEPARTMENT FOR THE REGION PER MEMBER MONTH.
(III) FOR MISSTATEMENTS FOUND IN SUBPARAGRAPH (III) OF PARAGRAPH (B)
OF THIS SUBDIVISION, THE PENALTY SHALL BE THE AMOUNT OF THE SUPPLEMENTAL
CAPITATION PAID BY THE DEPARTMENT FOR THE REGION PER MEMBER EVENT.
(D) ANY PENALTY IMPOSED UNDER THIS SUBDIVISION MAY BE RECOVERED BY THE
DEPARTMENT IN ANY MANNER AUTHORIZED BY LAW.
(E) THE MANAGED CARE PROVIDER AGAINST WHOM A PENALTY IS IMPOSED PURSU-
ANT TO THIS SUBDIVISION SHALL BE ENTITLED TO NOTICE AND AN OPPORTUNITY
TO BE HEARD IN ACCORDANCE WITH SECTION TWENTY-TWO OF THIS CHAPTER.
39. MEDICAID FRAUD, WASTE AND ABUSE PREVENTION. (A) FOR PURPOSES OF
THIS SUBDIVISION, MANAGED CARE PROVIDER SHALL ALSO INCLUDE MANAGED LONG-
TERM CARE PLANS.
(B) MANAGED CARE PROVIDERS SHALL ADOPT AND IMPLEMENT POLICIES AND
PROCEDURES DESIGNED TO DETECT AND PREVENT FRAUD, WASTE AND ABUSE. THIS
SHALL INCLUDE THE ADOPTION AND IMPLEMENTATION OF A COMPLIANCE PROGRAM AS
S. 7506--B 294 A. 9506--B
REQUIRED BY SECTION THREE HUNDRED SIXTY-THREE-D OF THIS TITLE AND THE
TERMS OF THE CONTRACT BETWEEN THE MANAGED CARE PROVIDER AND THE STATE,
AND FOR MANAGED CARE PROVIDERS WITH AN ENROLLED POPULATION OF ONE THOU-
SAND OR MORE PERSONS IN THE AGGREGATE IN ANY GIVEN YEAR, THE ESTABLISH-
MENT OF A SPECIAL INVESTIGATION UNIT WHICH WILL HAVE PRIMARY RESPONSI-
BILITY FOR IMPLEMENTING THE MANAGED CARE PROVIDER'S POLICIES AND
PROCEDURES TO DETECT AND PREVENT FRAUD, WASTE AND ABUSE, AS IT RELATES
TO THE MANAGED CARE PROVIDER'S PARTICIPATION IN THE MEDICAL ASSISTANCE
PROGRAM.
(C) THE MANAGED CARE PROVIDER SHALL COORDINATE ITS FRAUD, WASTE AND
ABUSE PREVENTION ACTIVITIES WITH THE MEDICAID INSPECTOR GENERAL AND THE
DEPARTMENT OF HEALTH. THE MEDICAID INSPECTOR GENERAL, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH, MAY PROMULGATE REGULATIONS ESTABLISHING
STANDARDS AND REQUIREMENTS FOR THE OPERATION OF MANAGED CARE PROVIDER
FRAUD, WASTE AND ABUSE PREVENTION ACTIVITIES, INCLUDING REQUIREMENTS FOR
SPECIAL INVESTIGATION UNITS. THE PROVISIONS OF THIS SUBDIVISION
NOTWITHSTANDING, THE MANAGED CARE PROVIDER SHALL CONTINUE TO COMPLY WITH
ALL THE REQUIREMENTS OF SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE
PUBLIC HEALTH LAW.
§ 8. Section 3613 of the public health law is amended by adding a new
subdivision 1-a to read as follows:
1-A. EACH HOME CARE SERVICES WORKER SHALL OBTAIN AN INDIVIDUAL UNIQUE
IDENTIFIER FROM THE STATE BY OR BEFORE A DATE DETERMINED BY THE COMMIS-
SIONER IN CONSULTATION WITH THE MEDICAID INSPECTOR GENERAL. ANY PERSONAL
INFORMATION SUBMITTED TO OBTAIN SUCH UNIQUE IDENTIFIER SHALL BE MAIN-
TAINED AS CONFIDENTIAL PURSUANT TO ARTICLE SIX-A OF THE PUBLIC OFFICERS
LAW ("NEW YORK STATE PRIVACY PROTECTION LAW").
§ 9. Subdivision 3 of section 365-f of the social services law, as
amended by chapter 511 of the laws of 2015, is amended to read as
follows:
3. Division of responsibilities. Eligible individuals who elect to
participate in the program assume the responsibility for services under
such program as mutually agreed to by the eligible individual and
provider and as documented in the eligible individual's record, includ-
ing, but not limited to, recruiting, hiring and supervising their
personal assistants. For the purposes of this section, personal assist-
ant shall mean an adult who HAS OBTAINED AN INDIVIDUAL UNIQUE IDENTIFIER
FROM THE STATE BY OR BEFORE A DATE DETERMINED BY THE COMMISSIONER OF
HEALTH IN CONSULTATION WITH THE MEDICAID INSPECTOR GENERAL, AND provides
services under this section to the eligible individual under the eligi-
ble individual's instruction, supervision and direction or under the
instruction, supervision and direction of the eligible individual's
designated representative, provided that a person legally responsible
for an eligible individual's care and support, an eligible individual's
spouse or designated representative may not be the personal assistant
for the eligible individual; however, a personal assistant may include
any other adult relative of the eligible individual, provided, however,
that the program determines that the services provided by such relative
are consistent with an individual's plan of care and that the aggregate
cost for such services does not exceed the aggregate costs for equiv-
alent services provided by a non-relative personal assistant. ANY
PERSONAL INFORMATION SUBMITTED TO OBTAIN SUCH UNIQUE IDENTIFIER SHALL BE
MAINTAINED AS CONFIDENTIAL PURSUANT TO ARTICLE SIX-A OF THE PUBLIC OFFI-
CERS LAW ("NEW YORK STATE PRIVACY PROTECTION LAW"). Such individuals
shall be assisted as appropriate with service coverage, supervision,
advocacy and management. Providers shall not be liable for fulfillment
S. 7506--B 295 A. 9506--B
of responsibilities agreed to be undertaken by the eligible individual.
This subdivision, however, shall not diminish the participating provid-
er's liability for failure to exercise reasonable care in properly
carrying out its responsibilities under this program, which shall
include monitoring such individual's continuing ability to fulfill those
responsibilities documented in his or her records. Failure of the indi-
vidual to carry out his or her agreed to responsibilities may be consid-
ered in determining such individual's continued appropriateness for the
program.
§ 10. Subparagraph (C) of paragraph 3 of subsection (e) of section
3212 of the insurance law, as amended by section 117-b of part C of
chapter 58 of the laws of 2009, is amended to read as follows:
(C) No right of subrogation to insurance benefits available under any
health insurance policy shall be enforceable unless written notice of
the exercise of such subrogation right is received by the carrier within
three years from the date services for which benefits are provided under
the policy or contract are rendered. An insurer shall not deny a claim
made in conformance with paragraph (b) of subdivision two of section
three hundred sixty-seven-a of the social services law solely on the
basis of the date of submission of the claim, the type or format of the
claim form, A FAILURE TO OBTAIN PRIOR AUTHORIZATION, or a failure to
present proper documentation at the point-of-sale that is the basis of
the claim.
§ 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided
however, section three of this act shall apply to compliance reviews for
calendar years beginning on or after January 1, 2021; provided further,
section seven of this act shall apply to cost reports submitted for
calendar years beginning on or after January 1, 2014; provided further,
however, the amendments to section 364-j of the social services law made
by section seven of this act, shall not affect the repeal of such
section and shall be deemed repealed therewith; and provided further,
however, that the director of the budget may, in consultation with the
commissioner of health, delay the effective dates prescribed herein for
a period of time which shall not exceed ninety days following the
conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
the entire state of New York, and upon such delay the director of the
budget shall notify the chairs of the assembly ways and means committee
and senate finance committee and the chairs of the assembly and senate
health committee; and provided further, however, that the director of
the budget shall notify the legislative bill drafting commission upon
the occurrence of a delay in the effective date of this act, 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 furth-
erance of effecting the provisions of section 44 of the legislative law
and section 70-b of the public officers law.
PART RR
Section 1. Subdivision (b) of section 25-z of the general city law, as
amended by section 3 of part E of chapter 61 of the laws of 2017, is
amended and a new subdivision (g) is added to read as follows:
(b) No eligible business shall be authorized to receive a credit under
any local law enacted pursuant to this article until the premises with
respect to which it is claiming the credit meet the requirements in the
S. 7506--B 296 A. 9506--B
definition of eligible premises and until it has obtained a certif-
ication of eligibility from the mayor of such city or an agency desig-
nated by such mayor, and an annual certification from such mayor or an
agency designated by such mayor as to the number of eligible aggregate
employment shares maintained by such eligible business that may qualify
for obtaining a tax credit for the eligible business' taxable year. Any
written documentation submitted to such mayor or such agency or agencies
in order to obtain any such certification shall be deemed a written
instrument for purposes of section 175.00 of the penal law. Such local
law may provide for application fees to be determined by such mayor or
such agency or agencies. No such certification of eligibility shall be
issued under any local law enacted pursuant to this article to an eligi-
ble business on or after July first, two thousand [twenty] TWENTY-FIVE
unless:
(1) prior to such date such business has purchased, leased or entered
into a contract to purchase or lease particular premises or a parcel on
which will be constructed such premises or already owned such premises
or parcel;
(2) prior to such date improvements have been commenced on such prem-
ises or parcel, which improvements will meet the requirements of subdi-
vision (e) of section twenty-five-y of this article relating to expendi-
tures for improvements;
(3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such particular premises;
and
(4) such business relocates to such particular premises not later than
thirty-six months or, in a case in which the expenditures made for the
improvements specified in paragraph two of this subdivision are in
excess of fifty million dollars within seventy-two months from the date
of submission of such preliminary application.
(G) FOR THE DURATION OF THE BENEFIT PERIOD, A RECIPIENT OF A CREDIT
UNDER ANY LOCAL LAW ENACTED PURSUANT TO THIS ARTICLE SHALL FILE ANNUAL-
LY, ALONG WITH THE AFOREMENTIONED ORIGINAL AND ANNUAL CERTIFICATES OF
ELIGIBILITY, THE AVERAGE WAGE AND BENEFITS OFFERED TO THE APPLICABLE
RELOCATED EMPLOYEES USED IN DETERMINING ELIGIBLE AGGREGATE EMPLOYMENT
SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION TWENTY-FIVE-Y OF THIS
ARTICLE. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO REQUIRE THAT STATE-
MENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
§ 2. Subdivision (b) of section 25-ee of the general city law, as
amended by section 4 of part E of chapter 61 of the laws of 2017, is
amended and a new subdivision (e) is added to read as follows:
(b) No eligible business or special eligible business shall be author-
ized to receive a credit against tax under any local law enacted pursu-
ant to this article until the premises with respect to which it is
claiming the credit meet the requirements in the definition of eligible
premises and until it has obtained a certification of eligibility from
the mayor of such city or any agency designated by such mayor, and an
annual certification from such mayor or an agency designated by such
mayor as to the number of eligible aggregate employment shares main-
tained by such eligible business or such special eligible business that
may qualify for obtaining a tax credit for the eligible business' taxa-
ble year. No special eligible business shall be authorized to receive a
credit against tax under the provisions of this article unless the
number of relocated employee base shares calculated pursuant to subdivi-
sion (o) of section twenty-five-dd of this article is equal to or great-
S. 7506--B 297 A. 9506--B
er than the lesser of twenty-five percent of the number of New York city
base shares calculated pursuant to subdivision (p) of such section and
two hundred fifty employment shares. Any written documentation submitted
to such mayor or such agency or agencies in order to obtain any such
certification shall be deemed a written instrument for purposes of
section 175.00 of the penal law. Such local law may provide for applica-
tion fees to be determined by such mayor or such agency or agencies. No
certification of eligibility shall be issued under any local law enacted
pursuant to this article to an eligible business on or after July first,
two thousand [twenty] TWENTY-FIVE unless:
(1) prior to such date such business has purchased, leased or entered
into a contract to purchase or lease premises in the eligible Lower
Manhattan area or a parcel on which will be constructed such premises;
(2) prior to such date improvements have been commenced on such prem-
ises or parcel, which improvements will meet the requirements of subdi-
vision (e) of section twenty-five-dd of this article relating to expend-
itures for improvements;
(3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such premises; and
(4) such business relocates to such premises as provided in subdivi-
sion (j) of section twenty-five-dd of this article not later than thir-
ty-six months or, in a case in which the expenditures made for the
improvements specified in paragraph two of this subdivision are in
excess of fifty million dollars within seventy-two months from the date
of submission of such preliminary application.
(E) FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF BENEFITS
SHALL FILE ANNUALLY, ALONG WITH THE AFOREMENTIONED ORIGINAL AND ANNUAL
CERTIFICATES OF ELIGIBILITY, THE AVERAGE WAGE AND BENEFITS OFFERED TO
THE APPLICABLE RELOCATED EMPLOYEES USED IN DETERMINING ELIGIBLE AGGRE-
GATE EMPLOYMENT SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION TWENTY-
FIVE-Y OF THIS CHAPTER. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO
REQUIRE THAT STATEMENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
§ 3. Subdivision (b) of section 22-622 of the administrative code of
the city of New York, as amended by section 5 of part E of chapter 61 of
the laws of 2017, is amended to read as follows:
(b) No eligible business shall be authorized to receive a credit
against tax or a reduction in base rent subject to tax under the
provisions of this chapter, and of title eleven of the code as described
in subdivision (a) of this section, until the premises with respect to
which it is claiming the credit meet the requirements in the definition
of eligible premises and until it has obtained a certification of eligi-
bility from the mayor or an agency designated by the mayor, and an annu-
al certification from the mayor or an agency designated by the mayor as
to the number of eligible aggregate employment shares maintained by such
eligible business that may qualify for obtaining a tax credit for the
eligible business' taxable year. Any written documentation submitted to
the mayor or such agency or agencies in order to obtain any such certif-
ication shall be deemed a written instrument for purposes of section
175.00 of the penal law. Application fees for such certifications shall
be determined by the mayor or such agency or agencies. No certification
of eligibility shall be issued to an eligible business on or after July
first, two thousand [twenty] TWENTY-FIVE unless:
(1) prior to such date such business has purchased, leased or entered
into a contract to purchase or lease particular premises or a parcel on
S. 7506--B 298 A. 9506--B
which will be constructed such premises or already owned such premises
or parcel;
(2) prior to such date improvements have been commenced on such prem-
ises or parcel which improvements will meet the requirements of subdivi-
sion (e) of section 22-621 of this chapter relating to expenditures for
improvements;
(3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such particular premises;
and
(4) such business relocates to such particular premises not later than
thirty-six months or, in a case in which the expenditures made for
improvements specified in paragraph two of this subdivision are in
excess of fifty million dollars within seventy-two months from the date
of submission of such preliminary application.
§ 4. Section 22-622 of the administrative code of the city of New York
is amended by adding a new subdivision (g) to read as follows:
(G) FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF BENEFITS
SHALL FILE ANNUALLY, ALONG WITH THE AFOREMENTIONED ORIGINAL AND ANNUAL
CERTIFICATES OF ELIGIBILITY, THE AVERAGE WAGE AND BENEFITS OFFERED TO
THE APPLICABLE RELOCATED EMPLOYEES USED IN DETERMINING ELIGIBLE AGGRE-
GATE EMPLOYMENT SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION 22-621 OF
THIS CHAPTER. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO REQUIRE THAT
STATEMENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
§ 5. Subdivision (b) of section 22-624 of the administrative code of
the city of New York, as amended by section 6 of part E of chapter 61 of
the laws of 2017, is amended and a new subdivision (e) is added to read
as follows:
(b) No eligible business or special eligible business shall be author-
ized to receive a credit against tax under the provisions of this chap-
ter, and of title eleven of the code as described in subdivision (a) of
this section, until the premises with respect to which it is claiming
the credit meet the requirements in the definition of eligible premises
and until it has obtained a certification of eligibility from the mayor
or an agency designated by the mayor, and an annual certification from
the mayor or an agency designated by the mayor as to the number of
eligible aggregate employment shares maintained by such eligible busi-
ness or special eligible business that may qualify for obtaining a tax
credit for the eligible business' taxable year. No special eligible
business shall be authorized to receive a credit against tax under the
provisions of this chapter and of title eleven of the code unless the
number of relocated employee base shares calculated pursuant to subdivi-
sion (o) of section 22-623 of this chapter is equal to or greater than
the lesser of twenty-five percent of the number of New York city base
shares calculated pursuant to subdivision (p) of such section 22-623,
and two hundred fifty employment shares. Any written documentation
submitted to the mayor or such agency or agencies in order to obtain any
such certification shall be deemed a written instrument for purposes of
section 175.00 of the penal law. Application fees for such certif-
ications shall be determined by the mayor or such agency or agencies. No
certification of eligibility shall be issued to an eligible business on
or after July first, two thousand [twenty] TWENTY-FIVE unless:
(1) prior to such date such business has purchased, leased or entered
into a contract to purchase or lease premises in the eligible Lower
Manhattan area or a parcel on which will be constructed such premises;
S. 7506--B 299 A. 9506--B
(2) prior to such date improvements have been commenced on such prem-
ises or parcel, which improvements will meet the requirements of subdi-
vision (e) of section 22-623 of this chapter relating to expenditures
for improvements;
(3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such premises; and
(4) such business relocates to such premises not later than thirty-six
months or, in a case in which the expenditures made for the improvements
specified in paragraph two of this subdivision are in excess of fifty
million dollars within seventy-two months from the date of submission of
such preliminary application.
(E) FOR THE DURATION OF THE BENEFIT PERIOD, THE RECIPIENT OF BENEFITS
SHALL FILE ANNUALLY, ALONG WITH THE AFOREMENTIONED ORIGINAL AND ANNUAL
CERTIFICATES OF ELIGIBILITY, THE AVERAGE WAGE AND BENEFITS OFFERED TO
THE APPLICABLE RELOCATED EMPLOYEES USED IN DETERMINING ELIGIBLE AGGRE-
GATE EMPLOYMENT SHARES, PURSUANT TO SUBDIVISION (I) OF SECTION 22-623 OF
THIS CHAPTER. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO REQUIRE THAT
STATEMENTS FILED UNDER THIS SUBDIVISION BE CERTIFIED.
§ 6. This act shall take effect immediately.
PART SS
Section 1. Subdivision 3 of section 489-cccccc of the real property
tax law is amended by adding a new paragraph (d) to read as follows:
(D) SELF-STORAGE FACILITIES. FOR PURPOSES OF THIS TITLE, "SELF-STORAGE
FACILITY" SHALL MEAN ANY REAL PROPERTY OR A PORTION THEREOF THAT IS
DESIGNED AND USED FOR THE PURPOSE OF OCCUPYING STORAGE SPACE BY OCCU-
PANTS WHO ARE TO HAVE ACCESS THERETO FOR THE PURPOSE OF STORING AND
REMOVING PERSONAL PROPERTY, PURSUANT TO SUBDIVISION ONE OF SECTION ONE
HUNDRED EIGHTY-TWO OF THE LIEN LAW. NO BENEFITS SHALL BE GRANTED PURSU-
ANT TO THIS TITLE FOR CONSTRUCTION WORK ON REAL PROPERTY WHERE ANY
PORTION OF SUCH PROPERTY IS TO BE USED AS A SELF-STORAGE FACILITY.
§ 2. Subdivision 4 and paragraph (c) of subdivision 5 of section 489-
cccccc of the real property tax law, as added by chapter 119 of the laws
of 2008, are amended to read as follows:
4. Hotel uses. Benefits shall be available for commercial construction
work or renovation construction work on a building or structure for the
property's square footage used to provide lodging and support services
for transient guests, PROVIDED THE APPLICANT IS NOT OTHERWISE DISQUALI-
FIED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, OR
SECTION FOUR HUNDRED EIGHTY-NINE-EEEEEE OR FOUR HUNDRED EIGHTY-NINE-III-
III OF THIS TITLE.
(c) Applicant affidavit. No benefits pursuant to this title shall be
granted for any construction work unless the applicant provides, togeth-
er with the final application, an affidavit setting forth the following
information:
(i) a statement that within the seven years immediately preceding the
date of the preliminary application for benefits, neither the applicant,
nor any person owning a substantial interest in the property as defined
in subparagraph (iii) of this paragraph, nor any officer, director or
general partner of the applicant or such person was finally adjudicated
by a court of competent jurisdiction to have violated section two
hundred thirty-five of the real property law or any section of article
one hundred fifty of the penal law or any similar arson law of another
state with respect to any building, or FINALLY ADJUDICATED BY A COMPE-
S. 7506--B 300 A. 9506--B
TENT AUTHORITY, AGENCY, OR A COURT OF COMPETENT JURISDICTION TO HAVE
VIOLATED ANY STATE, CITY, OR MUNICIPAL BUSINESS REGULATIONS OR ORDI-
NANCES RELATED TO PAYMENT OF TAXES, PAYMENT OF WAGES, OR FRAUDULENT
REPRESENTATION TO GOVERNMENTAL ENTITIES, OR was an officer, director or
general partner of a person at the time such person was finally adjudi-
cated to have violated such [law] STATE, CITY, OR MUNICIPAL LAWS, BUSI-
NESS REGULATIONS, AND ORDINANCES RELATED TO PAYMENT OF TAXES, PAYMENT OF
WAGES, OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL ENTITIES; and
(ii) a statement setting forth any pending charges alleging violation
of section two hundred thirty-five of the real property law or any
section of article one hundred fifty of the penal law or any similar
arson law of another jurisdiction with respect to any building AND PEND-
ING CHARGES ALLEGING VIOLATION OF STATE, CITY, OR MUNICIPAL BUSINESS
REGULATIONS OR ORDINANCES RELATED TO PAYMENT OF TAXES, PAYMENT OF WAGES,
OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL ENTITIES by the applicant
or any person owning a substantial interest in the property as defined
in subparagraph (iii) of this paragraph, or any officer, director or
general partner of the applicant or such person.
(iii) "Substantial interest" as used in this subdivision shall mean
ownership and control of an interest of ten percent or more in a proper-
ty or any person owning a property.
(iv) If any person described in the statement required by subparagraph
(ii) of this paragraph is finally adjudicated by a court of competent
jurisdiction to be guilty of any charge listed in such statement, the
recipient shall cease to be eligible for benefits pursuant to this title
and shall pay with interest any taxes for which an abatement was claimed
pursuant to this title.
§ 3. Paragraph (a) of subdivision 1 of section 489-dddddd of the real
property tax law, as amended by section 25 of part E of chapter 61 of
the laws of 2017, is amended to read as follows:
(a) Application for benefits pursuant to this title may be made imme-
diately following the effective date of a local law enacted pursuant to
this title and continuing until March first, two thousand [twenty-two]
TWENTY-FIVE.
§ 4. Subdivision 3 of section 489-dddddd of the real property tax law,
as amended by section 26 of part E of chapter 61 of the laws of 2017, is
amended to read as follows:
3. (a) No benefits pursuant to this title shall be granted for
construction work performed pursuant to a building permit issued after
April first, two thousand [twenty-two] TWENTY-FIVE.
(b) If no building permit was required, then no benefits pursuant to
this title shall be granted for construction work that is commenced
after April first, two thousand [twenty-two] TWENTY-FIVE.
§ 5. Subdivision 1 of section 489-eeeeee of the real property tax law,
as amended by chapter 28 of the laws of 2011, is amended and a new
subdivision 4 is added to read as follows:
1. Continuing use. For the duration of the benefit period, the recipi-
ent of benefits shall file biennially with the department, on or before
the appropriate taxable status date, a statement of the continuing use
of such property and any changes in use that have occurred, provided,
however, that any recipient of benefits receiving benefits for property
defined as a peaking unit shall file such statement biannually. SUCH
FILINGS SHALL INCLUDE A STATEMENT THAT THE RECIPIENT HAS NOT BEEN FOUND
BY A COMPETENT AUTHORITY, AGENCY OR COURT TO HAVE VIOLATED STATE, CITY,
OR MUNICIPAL BUSINESS REGULATIONS OR ORDINANCES RELATED TO PAYMENT OF
TAXES, PAYMENT OF WAGES, OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL
S. 7506--B 301 A. 9506--B
ENTITIES. This statement shall be in a form determined by the depart-
ment and may be in any format the department determines, in its
discretion, is appropriate, including electronic format. The department
shall have authority to terminate such benefits upon failure of a recip-
ient to file such statement by the appropriate taxable status date. The
burden of proof shall be on the recipient to establish continuing eligi-
bility for benefits and the department shall have the authority to
require that statements filed under this subdivision be certified.
4. BUSINESS OPERATION DATA. A RECIPIENT SHALL BIENNIALLY FILE A REPORT
WITH THE DEPARTMENT, ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE,
REGARDING CERTAIN BUSINESS OPERATION DATA RELATING TO THE RECIPIENT'S
ECONOMIC IMPACT AND OUTCOMES FOR THE DURATION OF THE BENEFIT PERIOD,
PROVIDED, HOWEVER, THAT ANY RECIPIENT OF BENEFITS FOR PROPERTY DEFINED
AS A PEAKING UNIT SHALL FILE SUCH STATEMENT BIANNUALLY. SUCH REPORT
SHALL CONTAIN INFORMATION INCLUDING, BUT NOT LIMITED TO, TENANCY DATA,
INFORMATION REGARDING EMPLOYMENT CREATION AND JOB RETENTION AND ANY
OTHER INFORMATION DEEMED RELEVANT BY THE DEPARTMENT.
§ 6. Section 489-iiiiii of the real property tax law, as added by
chapter 119 of the laws of 2008, is amended to read as follows:
§ 489-iiiiii. Code violations; suspension, termination or revocation
of benefits. 1. [A local law enacted pursuant to this title may provide
that abatement] ABATEMENT benefits shall be suspended, terminated or
revoked if the recipient is found to have failed to cure violations of
[the] applicable building, fire, or air pollution control codes on the
property for which benefits have been granted[. Such local law shall
define the circumstances where benefits may be suspended, terminated or
revoked and provide procedures for benefit suspension, termination or
revocation] OR ANY STATE, CITY, OR MUNICIPAL BUSINESS REGULATIONS OR
ORDINANCES IN A MANNER SPECIFIED BY LOCAL LAW OR ORDINANCE RELATED TO
PAYMENT OF TAXES, PAYMENT OF WAGES, OR FRAUDULENT REPRESENTATION TO
GOVERNMENTAL ENTITIES.
2. ABATEMENT BENEFITS SHALL BE SUSPENDED, TERMINATED OR REVOKED IF THE
RECIPIENT IS FOUND TO HAVE VIOLATED ANY PROVISION OF ARTICLE FIFTEEN OF
THE EXECUTIVE LAW BY A COMPETENT AUTHORITY, AGENCY OR COURT.
3. All taxes plus interest required to be paid retroactively pursuant
to this title shall constitute a tax lien as of the date it is deter-
mined such taxes and interest are owed. Interest shall be calculated
from the date the taxes would have been due but for the abatement
claimed pursuant to this title at the interest rate imposed by such city
for non-payment of property tax.
§ 7. Subdivision 2 of section 489-jjjjjj of the real property tax law,
as added by chapter 119 of the laws of 2008, is amended to read as
follows:
2. An application, certificate, report or other document delivered by
an applicant or recipient hereunder contains a false or misleading
statement as to a material fact or omits to state any material fact
necessary to make the statements not false or misleading, and may
declare any applicant or recipient who makes such false or misleading
statement or omission ineligible for future tax abatements for this
property or another property; OR
3. A RECIPIENT IS FOUND TO HAVE FAILED TO CURE ANY VIOLATION OF STATE,
CITY, OR MUNICIPAL BUSINESS REGULATIONS OR ORDINANCES RELATED TO PAYMENT
OF TAXES, PAYMENT OF WAGES, OR FRAUDULENT REPRESENTATION TO GOVERNMENTAL
ENTITIES.
S. 7506--B 302 A. 9506--B
§ 8. Paragraph 1 of subdivision a of section 11-271 of the administra-
tive code of the city of New York, as amended by section 27 of part E of
chapter 61 of the laws of 2017, is amended to read as follows:
(1) Application for benefits pursuant to this part may be made imme-
diately following the effective date of the local law that added this
section and continuing until March first, two thousand [twenty-two]
TWENTY-FIVE.
§ 9. Subdivision c of section 11-271 of the administrative code of the
city of New York, as amended by section 28 of part E of chapter 61 of
the laws of 2017, is amended to read as follows:
c. (1) No benefits pursuant to this part shall be granted for
construction work performed pursuant to a building permit issued after
April first, two thousand [twenty-two] TWENTY-FIVE.
(2) If no building permit was required, then no benefits pursuant to
this part shall be granted for construction work that is commenced after
April first, two thousand [twenty-two] TWENTY-FIVE.
§ 10. This act shall take effect immediately; provided that section
one of this act shall apply to projects for which the first building
permit is issued after July 1, 2020 or if no permit is required, for
which construction commences after July 1, 2020.
PART TT
Section 1. Section 2-122-a of the election law is amended by adding
two new subdivisions 13 and 14 to read as follows:
13. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY,
PRIOR TO FORTY-FIVE DAYS BEFORE THE ACTUAL DATE OF A PRESIDENTIAL PRIMA-
RY ELECTION, IF A CANDIDATE FOR OFFICE OF THE PRESIDENT OF THE UNITED
STATES WHO IS OTHERWISE ELIGIBLE TO APPEAR ON THE PRESIDENTIAL PRIMARY
BALLOT TO PROVIDE FOR THE ELECTION OF DELEGATES TO A NATIONAL PARTY
CONVENTION OR A NATIONAL PARTY CONFERENCE IN ANY PRESIDENTIAL ELECTION
YEAR, PUBLICLY ANNOUNCES THAT THEY ARE NO LONGER SEEKING THE NOMINATION
FOR THE OFFICE OF PRESIDENT OF THE UNITED STATES, OR IF THE CANDIDATE
PUBLICLY ANNOUNCES THAT THEY ARE TERMINATING OR SUSPENDING THEIR
CAMPAIGN, OR IF THE CANDIDATE SENDS A LETTER TO THE STATE BOARD OF
ELECTIONS INDICATING THEY NO LONGER WISH TO APPEAR ON THE BALLOT, THE
STATE BOARD OF ELECTIONS MAY DETERMINE BY SUCH DATE THAT THE CANDIDATE
IS NO LONGER ELIGIBLE AND OMIT SAID CANDIDATE FROM THE BALLOT; PROVIDED,
HOWEVER, THAT FOR ANY CANDIDATE OF A MAJOR POLITICAL PARTY, SUCH DETER-
MINATION SHALL BE SOLELY MADE BY THE COMMISSIONERS OF THE STATE BOARD OF
ELECTIONS WHO HAVE BEEN APPOINTED ON THE RECOMMENDATION OF SUCH POLI-
TICAL PARTY OR THE LEGISLATIVE LEADERS OF SUCH POLITICAL PARTY, AND NO
OTHER COMMISSIONER OF THE STATE BOARD OF ELECTIONS SHALL PARTICIPATE IN
SUCH DETERMINATION.
14. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, CANDIDATES FOR
DELEGATES AND/OR ALTERNATE DELEGATES WHO ARE PLEDGED TO CANDIDATES OF
THE OFFICE OF PRESIDENT OF THE UNITED STATES WHO HAVE BEEN OMITTED
PURSUANT TO SUBDIVISION THIRTEEN OF THIS SECTION SHALL ALSO BE OMITTED
FROM THE CERTIFICATE REQUIRED BY SECTION 4-110 OF THIS CHAPTER AND/OR
SHALL BE DETERMINED TO NOT BE A CANDIDATE PURSUANT TO SECTION 4-114 OF
THIS CHAPTER. UPON A TIMELY DETERMINATION OF THE STATE BOARD PURSUANT TO
SUBDIVISION THIRTEEN OF THIS SECTION ANY PRIOR CERTIFICATION SHALL BE
AMENDED FORTHWITH. THERE SHALL BE NO SUBSTITUTION OF ANY CANDIDATE OMIT-
TED PURSUANT TO SUBDIVISION THIRTEEN OF THIS SECTION OR THIS SUBDIVI-
SION.
S. 7506--B 303 A. 9506--B
§ 2. This act shall take effect immediately provided, however, that
the amendments to section 2-122-a of the election law made by section
one of this act shall not affect the repeal of such section and shall be
repealed therewith.
PART UU
Section 1. Subdivision 3-a of section 500.10 of the criminal procedure
law, as added by section 1-e of part JJJ of chapter 59 of the laws of
2019, is amended and a new subdivision 3-b is added to read as follows:
3-a. "Release under non-monetary conditions." A court releases a prin-
cipal under non-monetary conditions when, having acquired control over a
person, it authorizes the person to be at liberty during the pendency of
the criminal action or proceeding involved under conditions ordered by
the court, which shall be the least restrictive conditions that will
reasonably assure the principal's return to court AND REASONABLY ASSURE
THE PRINCIPAL'S COMPLIANCE WITH COURT CONDITIONS. A PRINCIPAL SHALL NOT
BE REQUIRED TO PAY FOR ANY PART OF THE COST OF RELEASE ON NON-MONETARY
CONDITIONS. Such conditions may include, among other conditions reason-
able under the circumstances:
(A) that the principal be in contact with a pretrial services agency
serving principals in that county;
(B) that the principal abide by reasonable, specified restrictions on
travel that are reasonably related to an actual risk of flight from the
jurisdiction, OR THAT THE PRINCIPAL SURRENDER HIS OR HER PASSPORT;
(C) that the principal refrain from possessing a firearm, destructive
device or other dangerous weapon;
(D) that, when it is shown pursuant to subdivision four of section
510.45 of this title that no other realistic [monetary] NON-MONETARY
condition or set of non-monetary conditions will suffice to reasonably
assure the person's return to court, the person be placed in reasonable
pretrial supervision with a pretrial services agency serving principals
in that county;
(E) THAT THE PRINCIPAL REFRAIN FROM ASSOCIATING WITH CERTAIN PERSONS
WHO ARE CONNECTED WITH THE INSTANT CHARGE, INCLUDING, WHEN APPROPRIATE,
SPECIFIED VICTIMS, WITNESSES, OR CO-DEFENDANTS;
(F) THAT THE PRINCIPAL BE REFERRED TO A PRETRIAL SERVICES AGENCY FOR
PLACEMENT IN MANDATORY PROGRAMMING, INCLUDING COUNSELING, TREATMENT, AND
INTIMATE PARTNER VIOLENCE INTERVENTION PROGRAMS. WHERE APPLICABLE, THE
COURT MAY DIRECT THE PRINCIPAL BE REMOVED TO A HOSPITAL PURSUANT TO
SECTION 9.43 OF THE MENTAL HYGIENE LAW;
(G) THAT THE PRINCIPAL MAKE DILIGENT EFFORTS TO MAINTAIN EMPLOYMENT,
HOUSING, OR ENROLLMENT IN SCHOOL OR EDUCATIONAL PROGRAMMING;
(H) THAT THE PRINCIPAL OBEY AN ORDER OF PROTECTION ISSUED BY THE
COURT, INCLUDING AN ORDER ISSUED PURSUANT TO SECTION 530.11 OF THIS
TITLE;
(I) THAT THE PRINCIPAL OBEY CONDITIONS SET BY THE COURT ADDRESSED TO
THE SAFETY OF A VICTIM OF A FAMILY OFFENSE AS DEFINED IN SECTION 530.11
OF THIS TITLE INCLUDING CONDITIONS THAT MAY BE REQUESTED BY OR ON BEHALF
OF THE VICTIM; AND
(J) that, when it is shown pursuant to paragraph (a) of subdivision
four of section 510.40 of this title that no other realistic non-mone-
tary condition or set of non-monetary conditions will suffice to reason-
ably assure the principal's return to court, the principal's location be
monitored with an approved electronic monitoring device, in accordance
with such subdivision four of section 510.40 of this title. [A principal
S. 7506--B 304 A. 9506--B
shall not be required to pay for any part of the cost of release on
non-monetary conditions.]
3-B. SUBDIVISION THREE-A OF THIS SECTION PRESENTS A NON-EXCLUSIVE LIST
OF CONDITIONS THAT MAY BE CONSIDERED AND IMPOSED BY LAW, SINGULARLY OR
IN COMBINATION, WHEN REASONABLE UNDER THE CIRCUMSTANCES OF THE DEFEND-
ANT, THE CASE, AND THE SITUATION OF THE DEFENDANT. THE COURT NEED NOT
NECESSARILY ORDER ONE OR MORE SPECIFIC CONDITIONS FIRST BEFORE ORDERING
ONE OR MORE OR ADDITIONAL CONDITIONS.
§ 2. Subdivision 4 of section 510.10 of the criminal procedure law, as
added by section 2 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
4. Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. A principal stands charged with
a qualifying offense for the purposes of this subdivision when he or she
stands charged with:
(a) a felony enumerated in section 70.02 of the penal law, other than
[burglary in the second degree as defined in subdivision two of section
140.25 of the penal law or] robbery in the second degree as defined in
subdivision one of section 160.10 of the penal law, PROVIDED, HOWEVER,
THAT BURGLARY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF
SECTION 140.25 OF THE PENAL LAW SHALL BE A QUALIFYING OFFENSE ONLY WHERE
THE DEFENDANT IS CHARGED WITH ENTERING THE LIVING AREA OF THE DWELLING;
(b) a crime involving witness intimidation under section 215.15 of the
penal law;
(c) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(d) a class A felony defined in the penal law[, other than in article
two hundred twenty of such law with the exception of section 220.77 of
such law], PROVIDED THAT FOR CLASS A FELONIES UNDER ARTICLE TWO HUNDRED
TWENTY OF THE PENAL LAW, ONLY CLASS A-I FELONIES SHALL BE A QUALIFYING
OFFENSE;
(e) A SEX TRAFFICKING OFFENSE DEFINED IN SECTION 230.34 OR 230.34-A OF
THE PENAL LAW, OR a felony sex offense defined in section 70.80 of the
penal law, or a crime involving incest as defined in section 255.25,
255.26 or 255.27 of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(f) conspiracy in the second degree as defined in section 105.15 of
the penal law, where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony defined in article
one hundred twenty-five of the penal law;
(g) money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in support
of terrorism in the second degree as defined in section 470.23 of the
penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE THIRD DEGREE
AS DEFINED IN SECTION 470.22 OF THE PENAL LAW; MONEY LAUNDERING IN
SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 470.21
OF THE PENAL LAW; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
S. 7506--B 305 A. 9506--B
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this [article] TITLE; [or]
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXU-
AL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW;
(J) ANY CRIME THAT IS ALLEGED TO HAVE CAUSED THE DEATH OF ANOTHER
PERSON;
(K) CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 121.12 OF THE PENAL LAW OR UNLAWFUL IMPRISONMENT
IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL LAW, AND
IS ALLEGED TO HAVE COMMITTED THE OFFENSE AGAINST A MEMBER OF THE DEFEND-
ANT'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS TITLE;
(L) AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE
PENAL LAW OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION
120.04 OF THE PENAL LAW;
(M) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF
THE PENAL LAW, WHEN SUCH CRIME IS CHARGED AS A HATE CRIME AS DEFINED IN
SECTION 485.05 OF THE PENAL LAW;
(N) AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD AS
DEFINED IN SECTION 120.12 OF THE PENAL LAW OR CRIMINAL POSSESSION OF A
WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION 265.01-A OF THE PENAL
LAW;
(O) GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42 OF
THE PENAL LAW, ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20 OF THE
PENAL LAW, OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION
470.20 OF THE PENAL LAW;
(P) FAILURE TO REGISTER AS A SEX OFFENDER PURSUANT TO SECTION ONE
HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW OR ENDANGERING THE WELFARE
OF A CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION 260.10 OF THE PENAL
LAW, WHERE THE DEFENDANT IS REQUIRED TO MAINTAIN REGISTRATION UNDER
ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL THREE OFFEN-
DER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF
THE CORRECTION LAW;
(Q) A CRIME INVOLVING BAIL JUMPING UNDER SECTION 215.55, 215.56 OR
215.57 OF THE PENAL LAW, OR A CRIME INVOLVING ESCAPING FROM CUSTODY
UNDER SECTION 205.05, 205.10 OR 205.15 OF THE PENAL LAW;
(R) ANY FELONY OFFENSE COMMITTED BY THE PRINCIPAL WHILE SERVING A
SENTENCE OF PROBATION OR WHILE RELEASED TO POST RELEASE SUPERVISION;
(S) A FELONY, WHERE THE DEFENDANT QUALIFIES FOR SENTENCING ON SUCH
CHARGE AS A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION 70.10 OF THE
PENAL LAW; OR
(T) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI-
ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING
WHILE THE DEFENDANT WAS RELEASED ON HIS OR HER OWN RECOGNIZANCE OR
S. 7506--B 306 A. 9506--B
RELEASED UNDER CONDITIONS FOR A SEPARATE FELONY OR CLASS A MISDEMEANOR
INVOLVING HARM TO AN IDENTIFIABLE PERSON OR PROPERTY, PROVIDED, HOWEVER,
THAT THE PROSECUTOR MUST SHOW REASONABLE CAUSE TO BELIEVE THAT THE
DEFENDANT COMMITTED THE INSTANT CRIME AND ANY UNDERLYING CRIME. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, ANY OF THE UNDERLYING CRIMES NEED NOT BE
A QUALIFYING OFFENSE AS DEFINED IN THIS SUBDIVISION.
§ 3. Paragraph (b) of subdivision 1 of section 530.20 of the criminal
procedure law, as added by section 16 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(b) Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. The court shall explain its
choice of release, release with conditions, bail or remand on the record
or in writing. A principal stands charged with a qualifying offense when
he or she stands charged with:
(i) a felony enumerated in section 70.02 of the penal law, other than
[burglary in the second degree as defined in subdivision two of section
140.25 of the penal law or] robbery in the second degree as defined in
subdivision one of section 160.10 of the penal law, PROVIDED, HOWEVER,
THAT BURGLARY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF
SECTION 140.25 OF THE PENAL LAW SHALL BE A QUALIFYING OFFENSE ONLY WHERE
THE DEFENDANT IS CHARGED WITH ENTERING THE LIVING AREA OF THE DWELLING;
(ii) a crime involving witness intimidation under section 215.15 of
the penal law;
(iii) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(iv) a class A felony defined in the penal law, [other than in article
two hundred twenty of such law with the exception of section 220.77 of
such law] PROVIDED, THAT FOR CLASS A FELONIES UNDER ARTICLE TWO HUNDRED
TWENTY OF SUCH LAW, ONLY CLASS A-I FELONIES SHALL BE A QUALIFYING
OFFENSE;
(v) A SEX TRAFFICKING OFFENSE DEFINED IN SECTION 230.34 OR 230.34-A OF
THE PENAL LAW, OR a felony sex offense defined in section 70.80 of the
penal law or a crime involving incest as defined in section 255.25,
255.26 or 255.27 of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(vi) conspiracy in the second degree as defined in section 105.15 of
the penal law, where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony defined in article
one hundred twenty-five of the penal law;
(vii) money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in support
of terrorism in the second degree as defined in section 470.23 of the
penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE THIRD DEGREE
AS DEFINED IN SECTION 470.22 OF THE PENAL LAW; MONEY LAUNDERING IN
SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 470.21
OF THE PENAL LAW; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(viii) criminal contempt in the second degree as defined in subdivi-
sion three of section 215.50 of the penal law, criminal contempt in the
first degree as defined in subdivision (b), (c) or (d) of section 215.51
of the penal law or aggravated criminal contempt as defined in section
S. 7506--B 307 A. 9506--B
215.52 of the penal law, and the underlying allegation of such charge of
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this article; [or]
(ix) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXU-
AL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW;
(X) ANY CRIME THAT IS ALLEGED TO HAVE CAUSED THE DEATH OF ANOTHER
PERSON;
(XI) CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 121.12 OF THE PENAL LAW OR UNLAWFUL IMPRISONMENT
IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL LAW, AND
IS ALLEGED TO HAVE COMMITTED THE OFFENSE AGAINST A MEMBER OF THE DEFEND-
ANT'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS ARTICLE;
(XII) AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF
THE PENAL LAW OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN
SECTION 120.04 OF THE PENAL LAW;
(XIII) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF
THE PENAL LAW, WHEN SUCH CRIME IS CHARGED AS A HATE CRIME AS DEFINED IN
SECTION 485.05 OF THE PENAL LAW;
(XIV) AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD AS
DEFINED IN SECTION 120.12 OF THE PENAL LAW OR CRIMINAL POSSESSION OF A
WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION 265.01-A OF THE PENAL
LAW;
(XV) GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42 OF
THE PENAL LAW, ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20 OF THE
PENAL LAW, OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION
470.20 OF THE PENAL LAW;
(XVI) FAILURE TO REGISTER AS A SEX OFFENDER PURSUANT TO SECTION ONE
HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW OR ENDANGERING THE WELFARE
OF A CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION 260.10 OF THE PENAL
LAW, WHERE THE DEFENDANT IS REQUIRED TO MAINTAIN REGISTRATION UNDER
ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL THREE OFFEN-
DER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF
THE CORRECTION LAW;
(XVII) A CRIME INVOLVING BAIL JUMPING UNDER SECTION 215.55, 215.56 OR
215.57 OF THE PENAL LAW, OR A CRIME INVOLVING ESCAPING FROM CUSTODY
UNDER SECTION 205.05, 205.10 OR 205.15 OF THE PENAL LAW;
(XVIII) ANY FELONY OFFENSE COMMITTED BY THE PRINCIPAL WHILE SERVING A
SENTENCE OF PROBATION OR WHILE RELEASED TO POST RELEASE SUPERVISION;
(XIX) A FELONY, WHERE THE DEFENDANT QUALIFIES FOR SENTENCING ON SUCH
CHARGE AS A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION 70.10 OF THE
PENAL LAW; OR
(XX) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI-
ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING
WHILE THE DEFENDANT WAS RELEASED ON HIS OR HER OWN RECOGNIZANCE OR
RELEASED UNDER CONDITIONS FOR A SEPARATE FELONY OR CLASS A MISDEMEANOR
S. 7506--B 308 A. 9506--B
INVOLVING HARM TO AN IDENTIFIABLE PERSON OR PROPERTY, PROVIDED, HOWEVER,
THAT THE PROSECUTOR MUST SHOW REASONABLE CAUSE TO BELIEVE THAT THE
DEFENDANT COMMITTED THE INSTANT CRIME AND ANY UNDERLYING CRIME. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, ANY OF THE UNDERLYING CRIMES NEED NOT BE
A QUALIFYING OFFENSE AS DEFINED IN THIS SUBDIVISION.
§ 4. Subdivision 4 of section 530.40 of the criminal procedure law, as
added by section 18 of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
4. Where the principal stands charged with a qualifying offense, the
court, unless otherwise prohibited by law, may in its discretion release
the principal pending trial on the principal's own recognizance or under
non-monetary conditions, fix bail, or, where the defendant is charged
with a qualifying offense which is a felony, the court may commit the
principal to the custody of the sheriff. The court shall explain its
choice of release, release with conditions, bail or remand on the record
or in writing. A principal stands charged with a qualifying offense for
the purposes of this subdivision when he or she stands charged with:
(a) a felony enumerated in section 70.02 of the penal law, other than
[burglary in the second degree as defined in subdivision two of section
140.25 of the penal law or] robbery in the second degree as defined in
subdivision one of section 160.10 of the penal law, PROVIDED, HOWEVER,
THAT BURGLARY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF
SECTION 140.25 OF THE PENAL LAW SHALL BE A QUALIFYING OFFENSE ONLY WHERE
THE DEFENDANT IS CHARGED WITH ENTERING THE LIVING AREA OF THE DWELLING;
(b) a crime involving witness intimidation under section 215.15 of the
penal law;
(c) a crime involving witness tampering under section 215.11, 215.12
or 215.13 of the penal law;
(d) a class A felony defined in the penal law, [other than in article
two hundred twenty of such law with the exception of section 220.77 of
such law] PROVIDED THAT FOR CLASS A FELONIES UNDER ARTICLE TWO HUNDRED
TWENTY OF SUCH LAW, ONLY CLASS A-I FELONIES SHALL BE A QUALIFYING
OFFENSE;
(e) A SEX TRAFFICKING OFFENSE DEFINED IN SECTION 230.34 OR 230.34-A OF
THE PENAL LAW, OR a felony sex offense defined in section 70.80 of the
penal law or a crime involving incest as defined in section 255.25,
255.26 or 255.27 of such law, or a misdemeanor defined in article one
hundred thirty of such law;
(f) conspiracy in the second degree as defined in section 105.15 of
the penal law, where the underlying allegation of such charge is that
the defendant conspired to commit a class A felony defined in article
one hundred twenty-five of the penal law;
(g) money laundering in support of terrorism in the first degree as
defined in section 470.24 of the penal law; money laundering in support
of terrorism in the second degree as defined in section 470.23 of the
penal law; MONEY LAUNDERING IN SUPPORT OF TERRORISM IN THE THIRD DEGREE
AS DEFINED IN SECTION 470.22 OF THE PENAL LAW; MONEY LAUNDERING IN
SUPPORT OF TERRORISM IN THE FOURTH DEGREE AS DEFINED IN SECTION 470.21
OF THE PENAL LAW; or a felony crime of terrorism as defined in article
four hundred ninety of the penal law, other than the crime defined in
section 490.20 of such law;
(h) criminal contempt in the second degree as defined in subdivision
three of section 215.50 of the penal law, criminal contempt in the first
degree as defined in subdivision (b), (c) or (d) of section 215.51 of
the penal law or aggravated criminal contempt as defined in section
215.52 of the penal law, and the underlying allegation of such charge of
S. 7506--B 309 A. 9506--B
criminal contempt in the second degree, criminal contempt in the first
degree or aggravated criminal contempt is that the defendant violated a
duly served order of protection where the protected party is a member of
the defendant's same family or household as defined in subdivision one
of section 530.11 of this article; [or]
(i) facilitating a sexual performance by a child with a controlled
substance or alcohol as defined in section 263.30 of the penal law, use
of a child in a sexual performance as defined in section 263.05 of the
penal law or luring a child as defined in subdivision one of section
120.70 of the penal law, PROMOTING AN OBSCENE SEXUAL PERFORMANCE BY A
CHILD AS DEFINED IN SECTION 263.10 OF THE PENAL LAW OR PROMOTING A SEXU-
AL PERFORMANCE BY A CHILD AS DEFINED IN SECTION 263.15 OF THE PENAL LAW;
(J) ANY CRIME THAT IS ALLEGED TO HAVE CAUSED THE DEATH OF ANOTHER
PERSON;
(K) CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION AS DEFINED
IN SECTION 121.11 OF THE PENAL LAW, STRANGULATION IN THE SECOND DEGREE
AS DEFINED IN SECTION 121.12 OF THE PENAL LAW OR UNLAWFUL IMPRISONMENT
IN THE FIRST DEGREE AS DEFINED IN SECTION 135.10 OF THE PENAL LAW, AND
IS ALLEGED TO HAVE COMMITTED THE OFFENSE AGAINST A MEMBER OF THE DEFEND-
ANT'S SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION
530.11 OF THIS ARTICLE;
(L) AGGRAVATED VEHICULAR ASSAULT AS DEFINED IN SECTION 120.04-A OF THE
PENAL LAW OR VEHICULAR ASSAULT IN THE FIRST DEGREE AS DEFINED IN SECTION
120.04 OF THE PENAL LAW;
(M) ASSAULT IN THE THIRD DEGREE AS DEFINED IN SECTION 120.00 OF THE
PENAL LAW OR ARSON IN THE THIRD DEGREE AS DEFINED IN SECTION 150.10 OF
THE PENAL LAW, WHEN SUCH CRIME IS CHARGED AS A HATE CRIME AS DEFINED IN
SECTION 485.05 OF THE PENAL LAW;
(N) AGGRAVATED ASSAULT UPON A PERSON LESS THAN ELEVEN YEARS OLD AS
DEFINED IN SECTION 120.12 OF THE PENAL LAW OR CRIMINAL POSSESSION OF A
WEAPON ON SCHOOL GROUNDS AS DEFINED IN SECTION 265.01-A OF THE PENAL
LAW;
(O) GRAND LARCENY IN THE FIRST DEGREE AS DEFINED IN SECTION 155.42 OF
THE PENAL LAW, ENTERPRISE CORRUPTION AS DEFINED IN SECTION 460.20 OF THE
PENAL LAW, OR MONEY LAUNDERING IN THE FIRST DEGREE AS DEFINED IN SECTION
470.20 OF THE PENAL LAW;
(P) FAILURE TO REGISTER AS A SEX OFFENDER PURSUANT TO SECTION ONE
HUNDRED SIXTY-EIGHT-T OF THE CORRECTION LAW OR ENDANGERING THE WELFARE
OF A CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION 260.10 OF THE PENAL
LAW, WHERE THE DEFENDANT IS REQUIRED TO MAINTAIN REGISTRATION UNDER
ARTICLE SIX-C OF THE CORRECTION LAW AND DESIGNATED A LEVEL THREE OFFEN-
DER PURSUANT TO SUBDIVISION SIX OF SECTION ONE HUNDRED SIXTY-EIGHT-L OF
THE CORRECTION LAW;
(Q) A CRIME INVOLVING BAIL JUMPING UNDER SECTION 215.55, 215.56 OR
215.57 OF THE PENAL LAW, OR A CRIME INVOLVING ESCAPING FROM CUSTODY
UNDER SECTION 205.05, 205.10 OR 205.15 OF THE PENAL LAW;
(R) ANY FELONY OFFENSE COMMITTED BY THE PRINCIPAL WHILE SERVING A
SENTENCE OF PROBATION OR WHILE RELEASED TO POST RELEASE SUPERVISION;
(S) A FELONY, WHERE THE DEFENDANT QUALIFIES FOR SENTENCING ON SUCH
CHARGE AS A PERSISTENT FELONY OFFENDER PURSUANT TO SECTION 70.10 OF THE
PENAL LAW; OR
(T) ANY FELONY OR CLASS A MISDEMEANOR INVOLVING HARM TO AN IDENTIFI-
ABLE PERSON OR PROPERTY, WHERE SUCH CHARGE AROSE FROM CONDUCT OCCURRING
WHILE THE DEFENDANT WAS RELEASED ON HIS OR HER OWN RECOGNIZANCE OR
RELEASED UNDER CONDITIONS FOR A SEPARATE FELONY OR CLASS A MISDEMEANOR
INVOLVING HARM TO AN IDENTIFIABLE PERSON OR PROPERTY, PROVIDED, HOWEVER,
S. 7506--B 310 A. 9506--B
THAT THE PROSECUTOR MUST SHOW REASONABLE CAUSE TO BELIEVE THAT THE
DEFENDANT COMMITTED THE INSTANT CRIME AND ANY UNDERLYING CRIME. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, ANY OF THE UNDERLYING CRIMES NEED NOT BE
A QUALIFYING OFFENSE AS DEFINED IN THIS SUBDIVISION.
§ 5. Section 216 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
5. THE CHIEF ADMINISTRATOR OF THE COURTS, IN CONJUNCTION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL COLLECT DATA AND REPORT
EVERY SIX MONTHS REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND
REPORT SHALL CONTAIN INFORMATION CATEGORIZED BY GENDER, RACIAL AND
ETHNIC BACKGROUND; REGARDING THE NATURE OF THE CRIMINAL OFFENSES,
INCLUDING THE TOP CHARGE OF EACH CASE; THE NUMBER AND TYPE OF CHARGES IN
EACH DEFENDANT'S CRIMINAL RECORD; THE NUMBER OF INDIVIDUALS RELEASED ON
RECOGNIZANCE; THE NUMBER OF INDIVIDUALS RELEASED ON NON-MONETARY CONDI-
TIONS, INCLUDING THE CONDITIONS IMPOSED; THE NUMBER OF INDIVIDUALS
COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL; THE RATES OF FAIL-
URE TO APPEAR AND REARREST; THE OUTCOME OF SUCH CASES OR DISPOSITIONS;
THE LENGTH OF THE PRETRIAL DETENTION STAY AND ANY OTHER SUCH INFORMATION
AS THE CHIEF ADMINISTRATOR AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
MAY FIND NECESSARY AND APPROPRIATE. SUCH REPORT SHALL AGGREGATE THE DATA
COLLECTED BY COUNTY; COURT, INCLUDING CITY, TOWN AND VILLAGE COURTS; AND
JUDGE. THE DATA SHALL BE DISAGGREGATED IN ORDER TO PROTECT THE IDENTITY
OF INDIVIDUAL DEFENDANTS. THE REPORT SHALL BE RELEASED PUBLICLY AND
PUBLISHED ON THE WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND THE
DIVISION OF CRIMINAL JUSTICE SERVICES. THE FIRST REPORT SHALL BE
PUBLISHED TWELVE MONTHS AFTER THIS SUBDIVISION SHALL HAVE BECOME A LAW,
AND SHALL INCLUDE DATA FROM THE FIRST SIX MONTHS FOLLOWING THE ENACTMENT
OF THIS SECTION. REPORTS FOR SUBSEQUENT PERIODS SHALL BE PUBLISHED
EVERY SIX MONTHS THEREAFTER.
§ 6. The executive law is amended by adding a new section 837-u to
read as follows:
§ 837-U. THE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONJUNCTION
WITH THE CHIEF ADMINISTRATOR OF THE COURTS, SHALL COLLECT DATA AND
REPORT ANNUALLY REGARDING PRETRIAL RELEASE AND DETENTION. SUCH DATA AND
REPORT SHALL CONTAIN INFORMATION CATEGORIZED BY GENDER, RACIAL AND
ETHNIC BACKGROUND; REGARDING THE NATURE OF THE CRIMINAL OFFENSES,
INCLUDING THE TOP CHARGE OF EACH CASE; THE NUMBER AND TYPE OF CHARGES IN
EACH DEFENDANT'S CRIMINAL RECORD; THE NUMBER OF INDIVIDUALS RELEASED ON
RECOGNIZANCE; THE NUMBER OF INDIVIDUALS RELEASED ON NON-MONETARY CONDI-
TIONS, INCLUDING THE CONDITIONS IMPOSED; THE NUMBER OF INDIVIDUALS
COMMITTED TO THE CUSTODY OF A SHERIFF PRIOR TO TRIAL; THE RATES OF FAIL-
URE TO APPEAR AND REARREST; THE OUTCOME OF SUCH CASES OR DISPOSITIONS;
WHETHER THE DEFENDANT WAS REPRESENTED BY COUNSEL AT EVERY COURT APPEAR-
ANCE REGARDING THE DEFENDANT'S SECURING ORDER; THE LENGTH OF THE
PRETRIAL DETENTION STAY AND ANY OTHER SUCH INFORMATION AS THE CHIEF
ADMINISTRATOR AND THE DIVISION OF CRIMINAL JUSTICE SERVICES MAY FIND
NECESSARY AND APPROPRIATE. SUCH ANNUAL REPORT SHALL AGGREGATE THE DATA
COLLECTED BY COUNTY; COURT, INCLUDING CITY, TOWN AND VILLAGE COURTS; AND
JUDGE. THE DATA SHALL BE DISAGGREGATED IN ORDER TO PROTECT THE IDENTITY
OF INDIVIDUAL DEFENDANTS. THE REPORT SHALL BE RELEASED PUBLICLY AND
PUBLISHED ON THE WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND THE
DIVISION OF CRIMINAL JUSTICE SERVICES. THE FIRST REPORT SHALL BE
PUBLISHED EIGHTEEN MONTHS AFTER THIS SECTION SHALL HAVE BECOME A LAW,
AND SHALL INCLUDE DATA FROM THE FIRST TWELVE MONTHS FOLLOWING THE ENACT-
MENT OF THIS SECTION. REPORTS FOR SUBSEQUENT YEARS SHALL BE PUBLISHED
ANNUALLY ON OR BEFORE THAT DATE THEREAFTER.
S. 7506--B 311 A. 9506--B
§ 7. Paragraph (c) of subdivision 4 of section 510.40 of the criminal
procedure law, as added by section 6 of part JJJ of chapter 59 of the
laws of 2019, is amended to read as follows:
(c) Electronic monitoring of the location of a principal may be
conducted only by a public entity under the supervision and control of a
county or municipality or a non-profit entity under contract to the
county, municipality or the state. A county or municipality shall be
authorized to enter into a contract with another county or municipality
in the state to monitor principals under non-monetary conditions of
release in its county, but counties, municipalities and the state shall
not contract with any private for-profit entity for such purposes. COUN-
TIES, MUNICIPALITIES AND THE STATE MAY CONTRACT WITH A PRIVATE FOR-PRO-
FIT ENTITY TO SUPPLY ELECTRONIC MONITORING DEVICES OR OTHER ITEMS,
PROVIDED THAT ANY INTERACTION WITH PERSONS UNDER ELECTRONIC MONITORING
OR THE DATA PRODUCED BY SUCH MONITORING SHALL BE CONDUCTED SOLELY BY
EMPLOYEES OF A COUNTY, MUNICIPALITY, THE STATE, OR A NON-PROFIT ENTITY
UNDER CONTRACT WITH SUCH COUNTY, MUNICIPALITY OR THE STATE.
§ 8. Subdivision 1 of section 150.40 of the criminal procedure law, as
amended by section 1-c of part JJJ of chapter 59 of the laws of 2019, is
amended to read as follows:
1. An appearance ticket must be made returnable at a date as soon as
possible, but in no event later than twenty days from the date of issu-
ance[,]; OR AT THE NEXT SCHEDULED SESSION OF THE APPROPRIATE LOCAL CRIM-
INAL COURT IF SUCH SESSION IS SCHEDULED TO OCCUR MORE THAN TWENTY DAYS
FROM THE DATE OF ISSUANCE; or at a later date, with the court's permis-
sion due to enrollment in a pre-arraignment diversion program. The
appearance ticket shall be made returnable in a local criminal court
designated in section 100.55 of this title as one with which an informa-
tion for the offense in question may be filed.
§ 9. Section 530.45 of the criminal procedure law is amended by adding
a new subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF SECTION
510.10, PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 530.20 AND SUBDIVI-
SION FOUR OF SECTION 530.40 OF THIS TITLE, WHEN A DEFENDANT CHARGED WITH
AN OFFENSE THAT IS NOT SUCH A QUALIFYING OFFENSE IS CONVICTED, WHETHER
BY GUILTY PLEA OR VERDICT, IN SUCH CRIMINAL ACTION OR PROCEEDING OF AN
OFFENSE THAT IS NOT A QUALIFYING OFFENSE, THE COURT MAY, IN ACCORDANCE
WITH LAW, ISSUE A SECURING ORDER: RELEASING THE DEFENDANT ON THE DEFEND-
ANT'S OWN RECOGNIZANCE OR UNDER NON-MONETARY CONDITIONS WHERE AUTHOR-
IZED, FIX BAIL, OR REMAND THE DEFENDANT TO THE CUSTODY OF THE SHERIFF
WHERE AUTHORIZED.
§ 10. The opening paragraph of section 530.50 of the criminal proce-
dure law is designated subdivision 1 and a new subdivision 2 is added to
read as follows:
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF SECTION
510.10, PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 530.20 AND SUBDIVI-
SION FOUR OF SECTION 530.40 OF THIS TITLE, WHEN A DEFENDANT CHARGED WITH
AN OFFENSE THAT IS NOT SUCH A QUALIFYING OFFENSE APPLIES, PENDING DETER-
MINATION OF AN APPEAL, FOR AN ORDER OF RECOGNIZANCE OR RELEASE ON NON-
MONETARY CONDITIONS, WHERE AUTHORIZED, OR FIXING BAIL, A JUDGE IDENTI-
FIED IN SUBDIVISION TWO OF SECTION 460.50 OR PARAGRAPH (A) OF
SUBDIVISION ONE OF SECTION 460.60 OF THIS CHAPTER MAY, IN ACCORDANCE
WITH LAW, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, ISSUE A SECURING
ORDER: RELEASING THE DEFENDANT ON THE DEFENDANT'S OWN RECOGNIZANCE OR
UNDER NON-MONETARY CONDITIONS WHERE AUTHORIZED, FIXING BAIL, OR REMAND-
ING THE DEFENDANT TO THE CUSTODY OF THE SHERIFF WHERE AUTHORIZED.
S. 7506--B 312 A. 9506--B
§ 11. Section 510.43 of the criminal procedure law, as added by
section 7 of part JJJ of chapter 59 of the laws of 2019, is amended to
read as follows:
§ 510.43 Court appearances: additional notifications.
1. The court or, upon direction of the court, a certified pretrial
services agency, shall notify all principals released under non-monetary
conditions and on recognizance of all court appearances in advance by
text message, telephone call, electronic mail or first class mail. The
chief administrator of the courts shall, pursuant to subdivision one of
section 10.40 of this chapter, develop a form which shall be offered to
the principal at court appearances. On such form, which upon completion
shall be retained in the court file, the principal may select one such
preferred manner of notice.
2. SUCH FORM MAY REQUEST THE INFORMATION NECESSARY FOR THE DEFENDANT
TO BE PROVIDED WITH NOTICE IN ACCORDANCE WITH SUCH SINGLE, SELECTED
MANNER OF NOTICE. AFTER NOTICE OF SUCH CONSEQUENCE, A DEFENDANT WHO
INTENTIONALLY DECLINES TO PROVIDE THE INFORMATION NECESSARY FOR THE
DEFENDANT TO BE PROVIDED WITH SUCH NOTICE PURSUANT TO THIS SECTION SHALL
FORFEIT THE OPPORTUNITY TO RECEIVE SUCH NOTICE UNTIL SUCH INFORMATION
IS TIMELY PROVIDED. ANY FAILURE BY THE COURT OR CERTIFIED PRETRIAL
SERVICES AGENCY TO PROVIDE NOTICE OF A SCHEDULED COURT APPEARANCE IN THE
MANNER PROVIDED IN THIS SECTION SHALL NOT IN AND OF ITSELF CONSTITUTE
GROUNDS OR AUTHORIZATION FOR THE DEFENDANT TO FAIL TO APPEAR FOR SUCH
SCHEDULED COURT APPEARANCE.
§ 12. This act shall take effect on the ninetieth day after it shall
have become a law.
PART VV
Section 1. Subdivision 2 of section 65.10 of the penal law is amended
by adding a new paragraph (k-2) to read as follows:
(K-2) (I) REFRAIN, UPON SENTENCING FOR A CRIME INVOLVING UNLAWFUL
SEXUAL CONDUCT COMMITTED AGAINST A METROPOLITAN TRANSPORTATION AUTHORITY
PASSENGER, CUSTOMER, OR EMPLOYEE OR A CRIME INVOLVING ASSAULT AGAINST A
METROPOLITAN TRANSPORTATION AUTHORITY EMPLOYEE, COMMITTED IN OR ON ANY
FACILITY OR CONVEYANCE OF THE METROPOLITAN TRANSPORTATION AUTHORITY OR A
SUBSIDIARY THEREOF OR THE NEW YORK CITY TRANSIT AUTHORITY OR A SUBSID-
IARY THEREOF, FROM USING OR ENTERING ANY OF SUCH AUTHORITY'S SUBWAYS,
TRAINS, BUSES OR OTHER CONVEYANCES OR FACILITIES SPECIFIED BY THE COURT
FOR A PERIOD OF UP TO THREE YEARS, OR A SPECIFIED PERIOD OF SUCH
PROBATION OR CONDITIONAL DISCHARGE, WHICHEVER IS LESS. FOR PURPOSES OF
THIS SECTION, A CRIME INVOLVING ASSAULT SHALL MEAN AN OFFENSE DESCRIBED
IN ARTICLE ONE HUNDRED TWENTY OF THIS CHAPTER WHICH HAS AS AN ELEMENT
THE CAUSING OF PHYSICAL INJURY OR SERIOUS PHYSICAL INJURY TO ANOTHER AS
WELL AS THE ATTEMPT THEREOF.
(II) THE COURT MAY, IN ITS DISCRETION, SUSPEND, MODIFY OR CANCEL A
CONDITION IMPOSED UNDER THIS PARAGRAPH IN THE INTEREST OF JUSTICE AT ANY
TIME. IF THE PERSON DEPENDS ON THE AUTHORITY'S SUBWAYS, TRAINS, BUSES,
OR OTHER CONVEYANCES OR FACILITIES FOR TRIPS OF NECESSITY, INCLUDING,
BUT NOT LIMITED TO, TRAVEL TO OR FROM MEDICAL OR LEGAL APPOINTMENTS,
SCHOOL OR TRAINING CLASSES OR PLACES OF EMPLOYMENT, OBTAINING FOOD,
CLOTHING OR NECESSARY HOUSEHOLD ITEMS, OR RENDERING CARE TO FAMILY
MEMBERS, THE COURT MAY MODIFY SUCH CONDITION TO ALLOW FOR A TRIP OR
TRIPS AS IN ITS DISCRETION ARE NECESSARY.
(III) A PERSON AT LIBERTY AND SUBJECT TO A CONDITION UNDER THIS PARA-
GRAPH WHO APPLIES, WITHIN THIRTY DAYS AFTER THE DATE SUCH CONDITION
S. 7506--B 313 A. 9506--B
BECOMES EFFECTIVE, FOR A REFUND OF ANY PREPAID FARE AMOUNTS RENDERED
UNUSABLE IN WHOLE OR IN PART BY SUCH CONDITION INCLUDING, BUT NOT LIMIT-
ED TO, A MONTHLY PASS, SHALL BE ISSUED A REFUND OF THE AMOUNTS SO
PREPAID.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the metropolitan transporta-
tion authority may adopt any rules, regulations, policies or procedures
necessary to implement this act prior to the effective date of this act.
PART WW
Section 1. Legislative findings and intent. The legislature hereby
finds, determines and declares the following:
The planning, development and operation of the Hudson River Park as a
public park continues to be a matter of state concern and importance to
the state. As detailed in the 1998 law creating the park and the trust,
chapter 592 of the laws of 1998, the creation, development, operation
and maintenance of the Hudson River Park will enhance and protect the
natural, cultural and historic aspects of the Hudson River, enhance and
afford quality public access to the river, allow for an array of
cultural and recreational programs and provide a host of other public
benefits. The changes to the 1998 law by this act are intended to, after
decades of delay and inaction, finally effectuate the park's general
project plan as defined in chapter 592 of the laws of 1998, which
continues to be the operative planning document guiding park develop-
ment, protection and reuse of a portion of the Hudson River waterfront
in lower Manhattan south of 59th street, and are intended to ensure the
realization of that vision and the park's continuing viability for years
to come. Nothing herein is intended to alter or override any prior
determinations concerning park planning, development or operation.
§ 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
laws of 1998, constituting the Hudson river park act, as amended by
chapter 517 of the laws of 2013, is amended to read as follows:
(c) [The city of New York shall use best efforts to relocate the tow
pound on Pier 76. Subsequent to relocation of the tow pound, the city of
New York shall promptly convey to the trust a possessory interest in
Pier 76 consistent with such interest previously conveyed with respect
to other portions of the park, provided that at least fifty percent of
the Pier 76 footprint shall be used for park uses that are limited to
passive and active open space and which shall be contiguous to water and
provided further that the remaining portion shall be for park/commercial
use. Upon such conveyance, Pier 76 shall become part of the park.] (I)
ON OR BEFORE JULY 1, 2020, THE CITY OF NEW YORK SHALL CONVEY TO THE
STATE OF NEW YORK UNDER THE JURISDICTION OF THE OFFICE OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION ITS INTEREST IN PIER 76, WHO, UPON SUCH
CONVEYANCE SHALL IMMEDIATELY LEASE A POSSESSORY INTEREST TO THE TRUST.
UPON SUCH CONVEYANCE, PIER 76 SHALL BECOME PART OF THE PARK AND SHALL
REMAIN PART OF THE PARK UNDER THE OPERATIONAL CONTROL OF THE TRUST AND
FOLLOWING REDEVELOPMENT AT LEAST FIFTY PERCENT OF THE PIER 76 FOOTPRINT
SHALL BE USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN
SPACE AND WHICH SHALL BE CONTIGUOUS TO WATER; AND PROVIDED FURTHER THAT
THE REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. (II) THE CITY OF
NEW YORK SHALL, PRIOR TO DECEMBER 31, 2020, CEASE USING OR OCCUPYING
PIER 76 FOR ANY PURPOSES. SHOULD THE CITY OF NEW YORK CONTINUE TO USE OR
OCCUPY PIER 76 FOR ANY PURPOSE SUBSEQUENT TO DECEMBER 31, 2020, THE CITY
OF NEW YORK SHALL (A) COMPENSATE THE TRUST IN THE AMOUNT OF TWELVE
S. 7506--B 314 A. 9506--B
MILLION DOLLARS, AND (B) BEGINNING FEBRUARY 1, 2021, PAY FEES IN THE
AMOUNT OF THREE MILLION DOLLARS FOR EACH COMPLETE OR PARTIAL MONTH OF
OCCUPANCY. (III) ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF 2020 WHICH AMENDED THIS PARAGRAPH, THE TRUST SHALL BE ENTITLED
TO TIMELY AND REASONABLE ACCESS TO PIER 76 FOR THE PURPOSE OF CONDUCTING
ASSESSMENTS AND INSPECTIONS NECESSARY TO FURTHER REDEVELOPMENT OF PIER
76 FOLLOWING ITS INCLUSION IN THE PARK. (IV) BEGINNING JULY 1, 2020,
THE CITY OF NEW YORK SHALL PERIODICALLY PREPARE AND SUBMIT A REPORT TO
THE STATE OF NEW YORK, WITH A COPY TO THE TRUST, DETAILING ACTIONS TAKEN
BY THE CITY OF NEW YORK TO RELOCATE THE TOW POUND. IN THE EVENT THAT THE
CITY PROVIDES DEMONSTRABLE EVIDENCE OF ITS EFFORT TO RELOCATE THE TOW
POUND OR ANY OTHER CITY USES OF PIER 76, INITIATION OF AND COMPLIANCE
WITH LAND USE REVIEW PROCESSES AND ENVIRONMENTAL REVIEW PROCESSES, SUCH
AS, ISSUANCE OF A REQUEST FOR QUALIFICATIONS OR REQUEST FOR PROPOSALS
FOR DESIGN OR CONSTRUCTION SERVICES FOR THE PROJECT; AND INITIATION AND
COMPLETION OF CONSTRUCTION OF, AND RELOCATION TO A REPLACEMENT TOW
POUND, THE STATE OF NEW YORK, IN ITS SOLE DISCRETION, MAY WAIVE THE FEES
ASSESSED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH. (V) THIS PARAGRAPH
MAY BE ENFORCED BY A COURT OF COMPETENT JURISDICTION AND IN ANY SUIT
BROUGHT BY THE STATE, THROUGH THE ATTORNEY GENERAL, THE TRUST SHALL NOT
BE A NECESSARY PARTY.
§ 3. This act shall take effect immediately.
PART XX
Section 1. The insurance law is amended by adding a new section 111 to
read as follows:
§ 111. INVESTIGATION BY THE SUPERINTENDENT WITH RESPECT TO
PRESCRIPTION DRUGS. (A) WHENEVER IT SHALL APPEAR TO THE SUPERINTENDENT,
EITHER UPON COMPLAINT OR OTHERWISE, THAT IN THE ADVERTISEMENT, PURCHASE
OR SALE WITHIN THIS STATE OF ANY PRESCRIPTION DRUG, WHICH IS CONTEM-
PLATED TO BE PAID BY A POLICY APPROVED BY THE DEPARTMENT FOR OFFERING
WITHIN THE STATE, HAS INCREASED OVER THE COURSE OF ANY TWELVE MONTHS BY
MORE THAN FIFTY PERCENT TO AN AMOUNT GREATER THAN FIVE DOLLARS PER UNIT
AND IF IT IS SUSPECTED THAT ANY PERSON, PARTNERSHIP, CORPORATION, COMPA-
NY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL HAVE
EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY ANY DEVICE, SCHEME OR ARTI-
FICE TO DEFRAUD OR FOR OBTAINING MONEY OR PROPERTY BY MEANS OF ANY FALSE
PRETENSE, REPRESENTATION OR PROMISE, OR THAT ANY PERSON, PARTNERSHIP,
CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE
THEREOF, SHALL HAVE MADE, MAKES OR ATTEMPTS TO MAKE WITHIN OR FROM THIS
STATE OR SHALL HAVE ENGAGED IN OR ENGAGES IN OR IS ABOUT TO ENGAGE IN
ANY PRACTICE OR TRANSACTION OR COURSE OF BUSINESS RELATING TO THE
PURCHASE, EXCHANGE, OR SALE OF PRESCRIPTION DRUGS WHICH IS FRAUDULENT OR
IN VIOLATION OF LAW AND WHICH HAS OPERATED OR WHICH WOULD OPERATE AS A
FRAUD UPON THE PURCHASER, OR THAT ANY AGENT OR EMPLOYEE THEREOF, HAS
SOLD OR OFFERED FOR SALE OR IS ATTEMPTING TO SELL OR IS OFFERING FOR
SALE ANY PRESCRIPTION DRUG FOR WHICH THE PRICE HAS INCREASED FIFTY
PERCENT OVER THE PRIOR CALENDAR YEAR TO AN AMOUNT GREATER THAN FIVE
DOLLARS PER UNIT, AND THE SUPERINTENDENT BELIEVES IT TO BE IN THE PUBLIC
INTEREST THAT AN INVESTIGATION BE MADE, HE OR SHE MAY IN THEIR SOLE
DISCRETION EITHER REQUIRE OR PERMIT SUCH PERSON, PARTNERSHIP, CORPO-
RATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF,
TO FILE WITH THE DEPARTMENT A STATEMENT IN WRITING UNDER OATH OR OTHER-
WISE AS TO ALL THE FACTS AND CIRCUMSTANCES CONCERNING THE PRICE INCREASE
WHICH HE OR SHE BELIEVES IT TO BE IN THE PUBLIC INTEREST TO INVESTIGATE,
S. 7506--B 315 A. 9506--B
AND FOR THAT PURPOSE MAY PRESCRIBE FORMS UPON WHICH SUCH STATEMENTS
SHALL BE MADE. THE SUPERINTENDENT MAY ALSO REQUIRE SUCH OTHER DATA AND
INFORMATION AS HE OR SHE MAY DEEM RELEVANT AND MAY MAKE SUCH SPECIAL AND
INDEPENDENT INVESTIGATIONS AS HE OR SHE MAY DEEM NECESSARY IN CONNECTION
WITH THE MATTER.
(B) IN ADDITION TO ANY OTHER POWER GRANTED BY LAW, THE SUPERINTENDENT,
HIS OR HER DEPUTY OR OTHER OFFICER DESIGNATED BY THE SUPERINTENDENT IS
EMPOWERED TO SUBPOENA WITNESSES, COMPEL THEIR ATTENDANCE, EXAMINE THEM
UNDER OATH AND REQUIRE THE PRODUCTION OF ANY BOOKS OR PAPERS WHICH HE OR
SHE DEEMS RELEVANT OR MATERIAL TO THE INQUIRY. SUCH POWER OF SUBPOENA
SHALL BE ENFORCED AS THOUGH THE SUBPOENA WERE ISSUED UNDER SECTION THREE
HUNDRED SIX OF THE FINANCIAL SERVICES LAW.
(C) IF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCI-
ATION, FAILS TO SUBMIT A WRITTEN STATEMENT REQUIRED BY THE SUPERINTEN-
DENT UNDER SUBSECTION (A) OF THIS SECTION OR FAILS TO COMPLY WITH A
SUBPOENA ISSUED PURSUANT TO SUBSECTION (B) OF THIS SECTION, THE SUPER-
INTENDENT MAY, AFTER NOTICE AND A HEARING, LEVY A CIVIL PENALTY NOT TO
EXCEED TO ONE THOUSAND DOLLARS PER DAY THAT THE FAILURE CONTINUES.
(D) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ANY INFORMATION OBTAINED
IN AN INVESTIGATION UNDER THIS SECTION SHALL BE CONFIDENTIAL AND SHALL
NOT BE SUBJECT TO DISCLOSURE BY THE DEPARTMENT EXCEPT TO THE DRUG
ACCOUNTABILITY BOARD, WHICH MAY REVIEW THE INFORMATION AND, AS NECES-
SARY, INCLUDE ANY SUCH INFORMATION IN ITS REPORT. THE SUPERINTENDENT MAY
ALSO DISCLOSE ANY SUCH INFORMATION NECESSARY TO PROTECT THE PUBLIC, BUT
SUCH DISCLOSURES SHALL TO THE GREATEST EXTENT POSSIBLE NOT IDENTIFY A
SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH MANUFACTURER.
§ 2. The insurance law is amended by adding a new section 202 to read
as follows:
§ 202. DRUG ACCOUNTABILITY BOARD. (A) A NINE MEMBER DRUG ACCOUNTABIL-
ITY BOARD IS HEREBY CREATED IN THE DEPARTMENT.
(B) THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE SUPERINTENDENT,
PROVIDED HOWEVER THAT ONE MEMBER SHALL BE APPOINTED AT THE SUGGESTION OF
THE TEMPORARY PRESIDENT OF THE SENATE AND ONE MEMBER SHALL BE APPOINTED
AT THE SUGGESTION OF THE SPEAKER OF THE ASSEMBLY, AND SHALL SERVE A
THREE-YEAR TERM. MEMBERS MAY BE REAPPOINTED UPON THE COMPLETION OF OTHER
TERMS. IN MAKING APPOINTMENTS TO THE BOARD THE SUPERINTENDENT SHALL GIVE
CONSIDERATION TO PERSONS:
(1) LICENSED AND ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE IN THE
STATE;
(2) LICENSED AND ACTIVELY PRACTICING IN PHARMACY IN THE STATE;
(3) WITH EXPERTISE IN DRUG UTILIZATION REVIEW WHO ARE HEALTH CARE
PROFESSIONALS LICENSED UNDER TITLE EIGHT OF THE EDUCATION LAW AND WHO
ARE PHARMACOLOGISTS;
(4) THAT ARE CONSUMERS OR CONSUMER REPRESENTATIVES OF ORGANIZATIONS
WITH A REGIONAL OR STATEWIDE CONSTITUENCY AND WHO HAVE BEEN INVOLVED IN
ACTIVITIES RELATED TO HEALTH CARE CONSUMER ADVOCACY;
(5) WHO ARE HEALTH CARE ECONOMISTS;
(6) WHO ARE ACTUARIES; AND
(7) WHO ARE EXPERTS FROM THE DEPARTMENT OF HEALTH.
(C) THE SUPERINTENDENT SHALL DESIGNATE A PERSON FROM THE DEPARTMENT TO
SERVE AS CHAIRPERSON OF THE BOARD.
(D) MEMBERS OF THE BOARD AND ALL ITS AGENTS SHALL BE DEEMED TO BE AN
"EMPLOYEE" FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
(E) (1) THE DEPARTMENT SHALL HAVE AUTHORITY ON ALL FISCAL MATTERS
RELATING TO THE BOARD.
S. 7506--B 316 A. 9506--B
(2) THE BOARD MAY UTILIZE OR REQUEST ASSISTANCE OF ANY STATE AGENCY OR
AUTHORITY SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT.
(F) (1) WHENEVER THE SUPERINTENDENT DETERMINES IT WOULD AID AN INVES-
TIGATION UNDER SECTION ONE HUNDRED ELEVEN OF THIS CHAPTER, THE SUPER-
INTENDENT SHALL REFER A DRUG TO THE BOARD FOR A REPORT THEREON TO BE
PREPARED.
(2) IF A DRUG IS REFERRED TO THE BOARD UNDER PARAGRAPH ONE OF THIS
SUBSECTION THE BOARD SHALL DETERMINE:
(A) THE DRUG'S IMPACT ON THE PREMIUM COSTS FOR COMMERCIAL INSURANCE IN
THIS STATE, AND THE DRUG'S AFFORDABILITY AND VALUE TO THE PUBLIC;
(B) WHETHER INCREASES IN THE PRICE OF THE DRUG OVER TIME WERE SIGNIF-
ICANT AND UNJUSTIFIED;
(C) WHETHER THE DRUG MAY BE PRICED DISPROPORTIONATELY TO ITS THERAPEU-
TIC BENEFITS; AND
(D) ANY OTHER QUESTION THE SUPERINTENDENT MAY CERTIFY TO THE BOARD IN
AID OF AN INVESTIGATION UNDER SECTION ONE HUNDRED ELEVEN OF THIS CHAP-
TER.
(3) IN FORMULATING ITS DETERMINATIONS, THE BOARD MAY CONSIDER:
(A) PUBLICLY AVAILABLE INFORMATION RELEVANT TO THE PRICING OF THE
DRUG;
(B) INFORMATION SUPPLIED BY THE DEPARTMENT RELEVANT TO THE PRICING OF
THE DRUG;
(C) INFORMATION RELATING TO VALUE-BASED PRICING;
(D) THE SERIOUSNESS AND PREVALENCE OF THE DISEASE OR CONDITION THAT IS
TREATED BY THE DRUG;
(E) THE EXTENT OF UTILIZATION OF THE DRUG;
(F) THE EFFECTIVENESS OF THE DRUG IN TREATING THE CONDITIONS FOR WHICH
IT IS PRESCRIBED, OR IN IMPROVING A PATIENT'S HEALTH, QUALITY OF LIFE,
OR OVERALL HEALTH OUTCOMES;
(G) THE LIKELIHOOD THAT USE OF THE DRUG WILL REDUCE THE NEED FOR OTHER
MEDICAL CARE, INCLUDING HOSPITALIZATION;
(H) THE AVERAGE WHOLESALE PRICE, WHOLESALE ACQUISITION COST, RETAIL
PRICE OF THE DRUG, AND THE COST OF THE DRUG TO THE MEDICAID PROGRAM
MINUS REBATES RECEIVED BY THE STATE;
(I) IN THE CASE OF GENERIC DRUGS, THE NUMBER OF PHARMACEUTICAL
MANUFACTURERS THAT PRODUCE THE DRUG;
(J) WHETHER THERE ARE PHARMACEUTICAL EQUIVALENTS TO THE DRUG;
(K) INFORMATION SUPPLIED BY THE MANUFACTURER, IF ANY, EXPLAINING THE
RELATIONSHIP BETWEEN THE PRICING OF THE DRUG AND THE COST OF DEVELOPMENT
OF THE DRUG AND/OR THE THERAPEUTIC BENEFIT OF THE DRUG, OR THAT IS
OTHERWISE PERTINENT TO THE MANUFACTURER'S PRICING DECISION; ANY SUCH
INFORMATION PROVIDED SHALL BE CONSIDERED CONFIDENTIAL AND SHALL NOT BE
DISCLOSED BY THE DRUG UTILIZATION REVIEW BOARD IN A FORM THAT IDENTIFIES
A SPECIFIC MANUFACTURER OR PRICES CHARGED FOR DRUGS BY SUCH MANUFACTUR-
ER; AND
(L) INFORMATION FROM THE DEPARTMENT OF HEALTH, INCLUDING FROM THE DRUG
UTILIZATION REVIEW BOARD.
(4) FOLLOWING ITS REVIEW, THE BOARD SHALL REPORT ITS FINDINGS TO THE
SUPERINTENDENT. SUCH REPORT SHALL INCLUDE THE DETERMINATIONS REQUIRED
BY PARAGRAPH TWO OF THIS SUBSECTION AND ANY OTHER INFORMATION REQUIRED
BY THE SUPERINTENDENT.
(G) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE PAPERS AND INFORMA-
TION CONSIDERED BY THE BOARD AND ANY REPORT THEREOF SHALL BE CONFIDEN-
TIAL AND NOT SUBJECT TO DISCLOSURE. THE SUPERINTENDENT, IN HIS OR HER
SOLE DISCRETION, MAY DETERMINE THAT THE RELEASE OF THE BOARD'S REPORT
WOULD NOT HARM AN ONGOING INVESTIGATION AND WOULD BE IN THE PUBLIC
S. 7506--B 317 A. 9506--B
INTEREST, AND THEREAFTER MAY RELEASE THE REPORT OR ANY PORTION THEREOF
TO THE PUBLIC.
(H) THE SUPERINTENDENT MAY CALL A PUBLIC HEARING ON THE DETERMINATIONS
OF THE BOARD, NOTICE OF SUCH HEARING SHALL BE GIVEN TO THE MANUFACTURER
OF THE DRUG AND SHALL BE PUBLISHED ON THE WEBSITE OF THE DEPARTMENT FOR
NOT LESS THAN FIFTEEN DAYS BEFORE THE HEARING.
§ 3. The superintendent of financial services may promulgate any regu-
lations necessary to interpret the provisions of this act, including but
not limited to regulations relating to the operations of the drug
accountability board.
§ 4. This act shall take effect immediately.
PART YY
Section 1. Paragraphs 1 and 2 of subsection (a) of section 605 of the
financial services law, as amended by chapter 377 of the laws of 2019,
are amended to read as follows:
(1) When a health care plan receives a bill for emergency services
from a non-participating physician or hospital, including a bill for
inpatient services which follow an emergency room visit, the health care
plan shall pay an amount that it determines is reasonable for the emer-
gency services, INCLUDING INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY
ROOM VISIT, rendered by the non-participating physician or hospital, in
accordance with section three thousand two hundred twenty-four-a of the
insurance law, except for the insured's co-payment, coinsurance or
deductible, if any, and shall ensure that the insured shall incur no
greater out-of-pocket costs for the emergency services, INCLUDING INPA-
TIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, than the insured
would have incurred with a participating physician or hospital [pursuant
to subsection (c) of section three thousand two hundred forty-one of the
insurance law]. If an insured assigns benefits to a non-participating
PHYSICIAN OR hospital in relation to emergency services, INCLUDING INPA-
TIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, provided by such
non-participating PHYSICIAN OR hospital, the non-participating PHYSICIAN
OR hospital may bill the health care plan for the [emergency] services
rendered. Upon receipt of the bill, the health care plan shall pay the
non-participating PHYSICIAN OR hospital the amount prescribed by this
section and any subsequent amount determined to be owed to the PHYSICIAN
OR hospital in relation to the emergency services provided, INCLUDING
INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT.
(2) A non-participating physician or hospital or a health care plan
may submit a dispute regarding a fee or payment for emergency services,
INCLUDING INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, for
review to an independent dispute resolution entity.
§ 2. Paragraph 1 of subsection (b) of section 605 of the financial
services law, as amended by chapter 377 of the laws of 2019, is amended
to read as follows:
(1) A patient that is not an insured or the patient's physician may
submit a dispute regarding a fee for emergency services, INCLUDING INPA-
TIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, for review to an
independent dispute resolution entity upon approval of the superinten-
dent.
§ 3. Section 606 of the financial services law, as added by section 26
of part H of chapter 60 of the laws of 2014, is amended to read as
follows:
S. 7506--B 318 A. 9506--B
§ 606. Hold harmless and assignment of benefits [for surprise bills]
for insureds. (A) When an insured assigns benefits for a surprise bill
in writing to a non-participating physician that knows the insured is
insured under a health care plan, the non-participating physician shall
not bill the insured except for any applicable copayment, coinsurance or
deductible that would be owed if the insured utilized a participating
physician.
(B) WHEN AN INSURED ASSIGNS BENEFITS FOR EMERGENCY SERVICES, INCLUDING
INPATIENT SERVICES WHICH FOLLOW AN EMERGENCY ROOM VISIT, TO A NON-PARTI-
CIPATING PHYSICIAN OR HOSPITAL THAT KNOWS THE INSURED IS INSURED UNDER A
HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN OR HOSPITAL SHALL NOT
BILL THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR
DEDUCTIBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING
PHYSICIAN OR HOSPITAL.
§ 4. The civil practice law and rules is amended by adding a new
section 213-d to read as follows:
§ 213-D. ACTIONS TO BE COMMENCED WITHIN THREE YEARS; MEDICAL DEBT. AN
ACTION ON A MEDICAL DEBT BY A HOSPITAL LICENSED UNDER ARTICLE TWENTY-
EIGHT OF THE PUBLIC HEALTH LAW OR A HEALTH CARE PROFESSIONAL AUTHORIZED
UNDER TITLE EIGHT OF THE EDUCATION LAW SHALL BE COMMENCED WITHIN THREE
YEARS OF TREATMENT.
§ 5. Subsection (j) of section 3217-b of the insurance law, as added
by chapter 297 of the laws of 2012, is amended to read as follows:
(j) (1) [An] NO insurer shall [not] BY CONTRACT, WRITTEN POLICY OR
PROCEDURE, OR BY ANY OTHER MEANS, deny payment to a general hospital
certified pursuant to article twenty-eight of the public health law for
a claim for medically necessary inpatient services [resulting from an
emergency admission], OBSERVATION SERVICES, OR EMERGENCY DEPARTMENT
SERVICES provided by a general hospital solely on the basis that the
general hospital did not [timely notify] COMPLY WITH CERTAIN ADMINISTRA-
TIVE REQUIREMENTS OF such insurer [that the services had been provided]
WITH RESPECT TO THOSE SERVICES.
(2) Nothing in this subsection shall preclude a general hospital and
an insurer from agreeing to CERTAIN ADMINISTRATIVE requirements [for]
RELATING TO PAYMENT FOR INPATIENT SERVICES, OBSERVATION SERVICES, OR
EMERGENCY DEPARTMENT SERVICES, INCLUDING BUT NOT LIMITED TO timely
notification that medically necessary inpatient services [resulting from
an emergency admission] have been provided and to reductions in payment
for failure to COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS INCLUDING
timely [notify] NOTIFICATION; provided, however that: [(i)] (A) any
requirement for timely notification must provide for a reasonable exten-
sion of timeframes for notification for [emergency] services provided on
weekends or federal holidays, [(ii)] (B) any agreed to reduction in
payment for failure to MEET ADMINISTRATIVE REQUIREMENTS, INCLUDING time-
ly [notify] NOTIFICATION shall not exceed [the lesser of two thousand
dollars or twelve] SEVEN AND ONE-HALF percent of the payment amount
otherwise due for the services provided, and [(iii)] (C) any agreed to
reduction in payment for failure to MEET ADMINISTRATIVE REQUIREMENTS
INCLUDING timely [notify] NOTIFICATION shall not be imposed if the
patient's insurance coverage could not be determined by the hospital
after reasonable efforts at the time the [inpatient] services were
provided.
(3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO THE DENIAL OF
A CLAIM: (A) BASED ON A REASONABLE BELIEF BY AN INSURER OF FRAUD OR
INTENTIONAL MISCONDUCT RESULTING IN MISREPRESENTATION OF PATIENT DIAGNO-
SIS OR THE SERVICES PROVIDED, OR ABUSIVE BILLING; (B) WHEN REQUIRED BY A
S. 7506--B 319 A. 9506--B
STATE OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE THAT IS PROVIDED BY THIS
STATE OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE EMPLOYEES, RETIREES OR
MEMBERS; (C) THAT IS A DUPLICATE CLAIM, THAT IS A CLAIM SUBMITTED LATE
PURSUANT TO SUBSECTION (G) OF SECTION THIRTY-TWO HUNDRED TWENTY-FOUR-A
OF THIS ARTICLE, OR IS FOR SERVICES FOR A BENEFIT THAT IS NOT COVERED
UNDER THE INSURED'S POLICY OR FOR A PATIENT DETERMINED TO BE INELIGIBLE
FOR COVERAGE; (D) EXCEPT IN THE CASE OF MEDICALLY NECESSARY INPATIENT
SERVICES RESULTING FROM AN EMERGENCY ADMISSION, WHERE THERE IS NOT AN
EXISTING PARTICIPATING PROVIDER AGREEMENT BETWEEN AN INSURER AND A
GENERAL HOSPITAL; OR (E) WHERE THE HOSPITAL HAS REPEATEDLY AND SYSTEMAT-
ICALLY, OVER THE PREVIOUS TWELVE MONTH PERIOD, FAILED TO SEEK PRIOR
AUTHORIZATION FOR SERVICES FOR WHICH PRIOR AUTHORIZATION WAS REQUIRED.
(4) FOR PURPOSES OF THIS SUBSECTION, AN "ADMINISTRATIVE REQUIREMENT"
SHALL NOT INCLUDE REQUIREMENTS: (A) IMPOSED ON AN INSURER OR PROVIDER
PURSUANT TO FEDERAL OR STATE LAWS, REGULATIONS OR GUIDANCE; OR (B)
ESTABLISHED BY THE STATE OR FEDERAL GOVERNMENT APPLICABLE TO INSURERS
OFFERING BENEFITS UNDER A STATE OR FEDERAL GOVERNMENT PROGRAM.
(5) THE PROHIBITION ON DENIALS SET FORTH IN THIS SUBSECTION SHALL NOT
APPLY TO CLAIMS FOR SERVICES FOR WHICH A REQUEST FOR PREAUTHORIZATION
WAS DENIED BY THE INSURER PRIOR TO DELIVERY OF THE SERVICE.
§ 6. Subsection (k) of section 4325 of the insurance law, as added by
chapter 297 of the laws of 2012, is amended to read as follows:
(k) (1) [A] NO corporation organized under this article shall [not] BY
WRITTEN CONTRACT, WRITTEN POLICY OR PROCEDURE, OR BY ANY OTHER MEANS,
deny payment to a general hospital certified pursuant to article twen-
ty-eight of the public health law for a claim for medically necessary
inpatient services [resulting from an emergency admission], OBSERVATION
SERVICES, OR EMERGENCY DEPARTMENT SERVICES provided by a general hospi-
tal solely on the basis that the general hospital did not [timely noti-
fy] COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS OF such [insurer
that the services had been provided] CORPORATION WITH RESPECT TO THOSE
SERVICES.
(2) Nothing in this subsection shall preclude a general hospital and a
corporation from agreeing to CERTAIN ADMINISTRATIVE requirements [for]
RELATING TO PAYMENT FOR INPATIENT SERVICES, OBSERVATION SERVICES, OR
EMERGENCY DEPARTMENT SERVICES, INCLUDING, BUT NOT LIMITED TO timely
notification that medically necessary inpatient services [resulting from
an emergency admission] have been provided and to reductions in payment
for failure to COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS INCLUDING
timely [notify] NOTIFICATION; provided, however that: [(i)] (A) any
requirement for timely notification must provide for a reasonable exten-
sion of timeframes for notification for [emergency] services provided on
weekends or federal holidays, [(ii)] (B) any agreed to reduction in
payment for failure to MEET ADMINISTRATIVE REQUIREMENTS INCLUDING timely
[notify] NOTIFICATION shall not exceed [the lesser of two thousand
dollars or twelve] SEVEN AND ONE-HALF percent of the payment amount
otherwise due for the services provided, and [(iii)] (C) any agreed to
reduction in payment FOR FAILURE TO MEET ADMINISTRATIVE REQUIREMENTS
INCLUDING TIMELY NOTIFICATION shall not be imposed if the patient's
insurance coverage could not be determined by the hospital after reason-
able efforts at the time the [inpatient] services were provided.
(3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO THE DENIAL OF
A CLAIM: (A) BASED ON A REASONABLE BELIEF OF A CORPORATION OF FRAUD OR
INTENTIONAL MISCONDUCT RESULTING IN MISREPRESENTATION OF PATIENT DIAGNO-
SIS OR THE SERVICES PROVIDED, OR ABUSIVE BILLING BY A CORPORATION; (B)
WHEN REQUIRED BY A STATE OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE THAT
S. 7506--B 320 A. 9506--B
IS PROVIDED BY THIS STATE OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE
EMPLOYEES, RETIREES OR MEMBERS; (C) THAT IS A DUPLICATE CLAIM, IS A
CLAIM SUBMITTED LATE PURSUANT TO SUBSECTION (G) OF SECTION THIRTY-TWO
HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, OR IS FOR SERVICES FOR A BENEFIT
THAT IS NOT COVERED UNDER THE INSURED'S CONTRACT OR FOR A PATIENT DETER-
MINED TO BE INELIGIBLE FOR COVERAGE; (D) EXCEPT IN THE CASE OF MEDICALLY
NECESSARY INPATIENT SERVICES RESULTING FROM AN EMERGENCY ADMISSION,
WHERE THERE IS NOT AN EXISTING PARTICIPATING PROVIDER AGREEMENT BETWEEN
SUCH CORPORATION AND A GENERAL HOSPITAL; OR (E) WHERE THE HOSPITAL HAS
REPEATEDLY AND SYSTEMATICALLY, OVER THE PREVIOUS TWELVE MONTH PERIOD,
FAILED TO SEEK PRIOR AUTHORIZATION FOR SERVICES FOR WHICH PRIOR AUTHOR-
IZATION WAS REQUIRED.
(4) FOR PURPOSES OF THIS SUBSECTION, AN "ADMINISTRATIVE REQUIREMENT"
SHALL NOT INCLUDE REQUIREMENTS: (A) IMPOSED ON A CORPORATION OR PROVIDER
PURSUANT TO FEDERAL OR STATE LAWS, REGULATIONS OR GUIDANCE; (B) ESTAB-
LISHED BY THE STATE OR FEDERAL GOVERNMENT APPLICABLE TO CORPORATIONS
OFFERING BENEFITS UNDER A STATE OR FEDERAL GOVERNMENT PROGRAM.
(5) THE PROHIBITION ON DENIALS SET FORTH IN THIS SUBSECTION SHALL NOT
APPLY TO CLAIMS FOR SERVICES FOR WHICH A REQUEST FOR PREAUTHORIZATION
WAS DENIED BY THE CORPORATION PRIOR TO DELIVERY OF THE SERVICE.
§ 7. Subdivision 8 of section 4406-c of the public health law, as
added by chapter 297 of the laws of 2012, is amended to read as follows:
8. (a) [A] NO health care plan shall [not] BY CONTRACT, WRITTEN POLICY
OR PROCEDURE, OR BY ANY OTHER MEANS, deny payment to a general hospital
certified pursuant to article twenty-eight of this chapter for a claim
for medically necessary inpatient services [resulting from an emergency
admission], OBSERVATION SERVICES, OR EMERGENCY DEPARTMENT SERVICES
provided by a general hospital solely on the basis that the general
hospital did not [timely notify such health care plan that the services
had been provided] COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS OF
SUCH HEALTH CARE PLAN WITH RESPECT TO THOSE SERVICES.
(b) Nothing in this subdivision shall preclude a general hospital and
a health care plan from agreeing to CERTAIN ADMINISTRATIVE requirements
[for] RELATING TO PAYMENT FOR INPATIENT SERVICES, OBSERVATION SERVICES,
OR EMERGENCY DEPARTMENT SERVICES, INCLUDING, BUT NOT LIMITED TO, timely
notification that medically necessary inpatient services [resulting from
an emergency admission] have been provided and to reductions in payment
for failure to COMPLY WITH CERTAIN ADMINISTRATIVE REQUIREMENTS INCLUDING
timely [notify] NOTIFICATION; provided, however that: (i) any require-
ment for timely notification must provide for a reasonable extension of
timeframes for notification for [emergency] services provided on week-
ends or federal holidays, (ii) any agreed to reduction in payment for
failure to MEET ADMINISTRATIVE REQUIREMENTS, INCLUDING timely [notify]
NOTIFICATION shall not exceed [the lesser of two thousand dollars or
twelve] SEVEN AND ONE-HALF percent of the payment amount otherwise due
for the service provided, and (iii) any agreed to reduction in payment
FOR FAILURE TO MEET ADMINISTRATIVE REQUIREMENTS INCLUDING TIMELY NOTIFI-
CATION shall not be imposed if the patient's coverage could not be
determined by the hospital after reasonable efforts at the time the
[inpatient] services were provided.
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO THE DENIAL
OF A CLAIM: (I) BASED ON A REASONABLE BELIEF OF A HEALTH CARE PLAN OF
FRAUD OR INTENTIONAL MISCONDUCT RESULTING IN A MISREPRESENTATION OF
PATIENT DIAGNOSIS OR THE SERVICES PROVIDED, OR ABUSIVE BILLING; (II)
WHEN REQUIRED BY A STATE OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE THAT
IS PROVIDED BY THIS STATE OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE
S. 7506--B 321 A. 9506--B
EMPLOYEES, RETIREES OR MEMBERS; (III) THAT IS A DUPLICATE CLAIM, IS A
CLAIM SUBMITTED LATE PURSUANT TO SUBSECTION (G) OF SECTION THIRTY-TWO
HUNDRED TWENTY-FOUR-A OF THE INSURANCE LAW, OR IS FOR SERVICES FOR A
BENEFIT THAT IS NOT COVERED UNDER THE INSURED'S CONTRACT OR FOR A
PATIENT DETERMINED TO BE INELIGIBLE FOR COVERAGE; (IV) EXCEPT IN THE
CASE OF MEDICALLY NECESSARY INPATIENT SERVICES RESULTING FROM AN EMER-
GENCY ADMISSION, WHERE THERE IS NOT AN EXISTING PARTICIPATING PROVIDER
AGREEMENT BETWEEN A HEALTH CARE PLAN AND A GENERAL HOSPITAL; OR (V)
WHERE THE HOSPITAL HAS REPEATEDLY AND SYSTEMATICALLY, OVER THE PREVIOUS
TWELVE MONTH PERIOD, FAILED TO SEEK PRIOR AUTHORIZATION FOR SERVICES
FOR WHICH PRIOR AUTHORIZATION WAS REQUIRED.
(D) FOR PURPOSES OF THIS SUBDIVISION, AN "ADMINISTRATIVE REQUIREMENT"
SHALL NOT INCLUDE REQUIREMENTS: (I) IMPOSED ON A HEALTH CARE PLAN OR
PROVIDER PURSUANT TO FEDERAL OR STATE LAWS, REGULATIONS OR GUIDANCE; OR
(II) ESTABLISHED BY THE STATE OR FEDERAL GOVERNMENT APPLICABLE TO HEALTH
CARE PLANS OFFERING BENEFITS UNDER A STATE OR FEDERAL GOVERNMENT
PROGRAM.
(E) THE PROHIBITION ON DENIALS SET FORTH IN THIS SUBDIVISION SHALL NOT
APPLY TO CLAIMS FOR SERVICES FOR WHICH A REQUEST FOR PREAUTHORIZATION
WAS DENIED BY THE HEALTH CARE PLAN PRIOR TO DELIVERY OF THE SERVICE.
§ 8. Subsection (b) of section 3224-a of the insurance law, as amended
by chapter 237 of the laws of 2009, is amended to read as follows:
(b) In a case where the obligation of an insurer or an organization or
corporation licensed or certified pursuant to article forty-three or
forty-seven of this chapter or article forty-four of the public health
law to pay a claim or make a payment for health care services rendered
is not reasonably clear due to a good faith dispute regarding the eligi-
bility of a person for coverage, the liability of another insurer or
corporation or organization for all or part of the claim, the amount of
the claim, the benefits covered under a contract or agreement, or the
manner in which services were accessed or provided, an insurer or organ-
ization or corporation shall pay any undisputed portion of the claim in
accordance with this subsection and notify the policyholder, covered
person or health care provider in writing, AND THROUGH THE INTERNET OR
OTHER ELECTRONIC MEANS FOR CLAIMS SUBMITTED IN THAT MANNER, within thir-
ty calendar days of the receipt of the claim:
(1) that it is not obligated to pay the claim or make the medical
payment, stating the specific reasons why it is not liable; or
(2) to request all additional information needed to determine liabil-
ity to pay the claim or make the health care payment; AND
(3) OF THE SPECIFIC TYPE OF PLAN OR PRODUCT THE POLICYHOLDER OR
COVERED PERSON IS ENROLLED IN; PROVIDED THAT NOTHING IN THIS SECTION
SHALL AUTHORIZE DISCRIMINATION BASED ON THE SOURCE OF PAYMENT.
Upon receipt of the information requested in paragraph two of this
subsection or an appeal of a claim or bill for health care services
denied pursuant to paragraph one of this subsection, an insurer or
organization or corporation licensed or certified pursuant to article
forty-three or forty-seven of this chapter or article forty-four of the
public health law shall comply with subsection (a) of this section;
PROVIDED, THAT IF THE INSURER OR ORGANIZATION OR CORPORATION LICENSED OR
CERTIFIED PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER
OR ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW DETERMINES THAT PAYMENT
OR ADDITIONAL PAYMENT IS DUE ON THE CLAIM, SUCH PAYMENT SHALL BE MADE TO
THE POLICYHOLDER OR COVERED PERSON OR HEALTH CARE PROVIDER WITHIN
FIFTEEN DAYS OF THE DETERMINATION.
S. 7506--B 322 A. 9506--B
§ 9. Subsection (d) of section 3224-a of the insurance law, as amended
by chapter 666 of the laws of 1997 and paragraph 2 as amended by section
57-b of part A of chapter 56 of the laws of 2013, is amended to read as
follows:
(d) For the purposes of this section:
(1) "policyholder" shall mean a person covered under such policy or a
representative designated by such person; [and]
(2) "health care provider" shall mean an entity licensed or certified
pursuant to article twenty-eight, thirty-six or forty of the public
health law, a facility licensed pursuant to article nineteen or thirty-
one of the mental hygiene law, a fiscal intermediary operating under
section three hundred [sixty five-f] SIXTY-FIVE of the social services
law, a health care professional licensed, registered or certified pursu-
ant to title eight of the education law, a dispenser or provider of
pharmaceutical products, services or durable medical equipment, or a
representative designated by such entity or person;
(3) "PLAN OR PRODUCT" SHALL MEAN:
(I) MEDICAID COVERAGE PROVIDED PURSUANT TO SECTION THREE HUNDRED
SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW;
(II) A CHILD HEALTH INSURANCE PLAN CERTIFIED PURSUANT TO SECTION TWEN-
TY-FIVE HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW;
(III) BASIC HEALTH PROGRAM COVERAGE CERTIFIED PURSUANT TO SECTION
THREE HUNDRED SIXTY-NINE-GG OF THE SOCIAL SERVICES LAW, INCLUDING THE
SPECIFIC RATING GROUP THE POLICYHOLDER OR COVERED PERSON IS ENROLLED IN;
(IV) COVERAGE PURCHASED ON THE NEW YORK INSURANCE EXCHANGE ESTABLISHED
PURSUANT TO SECTION TWO HUNDRED SIXTY-EIGHT-B OF THE PUBLIC HEALTH LAW;
AND
(V) ANY OTHER COMPREHENSIVE HEALTH INSURANCE COVERAGE SUBJECT TO ARTI-
CLE THIRTY-TWO, FORTY-THREE, OR FORTY-SEVEN OF THIS CHAPTER, OR ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW; AND
(4) "EMERGENCY SERVICES" SHALL HAVE THE MEANING SET FORTH IN SUBPARA-
GRAPH (D) OF PARAGRAPH NINE OF SUBSECTION (I) OF SECTION THREE THOUSAND
TWO HUNDRED SIXTEEN OF THIS ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR
OF SUBSECTION (K) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF
THIS ARTICLE AND SUBPARAGRAPH (D) OF PARAGRAPH TWO OF SUBSECTION (A) OF
SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
§ 10. Subsection (i) of section 3224-a of the insurance law, as added
by chapter 297 of the laws of 2012, is amended to read as follows:
(i) Except where the parties have developed a mutually agreed upon
process for the reconciliation of coding disputes that includes a review
of submitted medical records to ascertain the correct coding for
payment, a general hospital certified pursuant to article twenty-eight
of the public health law shall, upon receipt of payment of a claim for
which payment has been adjusted based on a particular coding to a
patient including the assignment of diagnosis and procedure, have the
opportunity to submit the affected claim with medical records supporting
the hospital's initial coding of the claim within thirty days of receipt
of payment. Upon receipt of such medical records, an insurer or an
organization or corporation licensed or certified pursuant to article
forty-three or forty-seven of this chapter or article forty-four of the
public health law shall review such information to ascertain the correct
coding for payment BASED ON NATIONAL CODING GUIDELINES ACCEPTED BY THE
CENTERS FOR MEDICARE AND MEDICAID SERVICES OR THE AMERICAN MEDICAL ASSO-
CIATION, TO THE EXTENT THERE ARE CODES FOR SUCH SERVICES, INCLUDING
ICD-10 GUIDELINES TO THE EXTENT AVAILABLE, and process the claim,
INCLUDING THE CORRECT CODING, in accordance with the timeframes set
S. 7506--B 323 A. 9506--B
forth in subsection (a) of this section. In the event the insurer,
organization, or corporation processes the claim consistent with its
initial determination, such decision shall be accompanied by a statement
of the insurer, organization or corporation setting forth the specific
reasons why the initial adjustment was appropriate. An insurer, organ-
ization, or corporation that increases the payment based on the informa-
tion submitted by the general hospital, [but fails to do so in accord-
ance with the timeframes set forth in subsection (a) of this section,]
shall pay to the general hospital interest on the amount of such
increase at the rate set by the commissioner of taxation and finance for
corporate taxes pursuant to paragraph one of [subdivision] SUBSECTION
(e) of section one thousand ninety-six of the tax law, to be computed
from [the end of the forty-five day period after resubmission of the
additional medical record information] THE DATE THIRTY DAYS AFTER
INITIAL RECEIPT OF THE CLAIM IF TRANSMITTED ELECTRONICALLY OR FORTY-FIVE
DAYS AFTER INITIAL RECEIPT OF THE CLAIM IF TRANSMITTED BY PAPER OR
FACSIMILE. Provided, however, a failure to remit timely payment shall
not constitute a violation of this section. Neither the initial or
subsequent processing of the claim by the insurer, organization, or
corporation shall be deemed an adverse determination as defined in
section four thousand nine hundred of this chapter if based solely on a
coding determination. Nothing in this subsection shall apply to those
instances in which the insurer or organization, or corporation has a
reasonable suspicion of fraud or abuse OR WHEN AN INSURER, ORGANIZATION,
OR CORPORATION ENGAGES IN REASONABLE FRAUD, WASTE AND ABUSE DETECTION
EFFORTS; PROVIDED, HOWEVER, TO THE EXTENT ANY SUBSEQUENT PAYMENT ADJUST-
MENTS ARE MADE AS A RESULT OF THE FRAUD, WASTE AND ABUSE DETECTION PROC-
ESSES OR EFFORTS, SUCH PAYMENT ADJUSTMENTS SHALL BE CONSISTENT ON THE
CODING GUIDELINES REQUIRED BY THIS SUBSECTION.
§ 11. Section 3224-a of the insurance law is amended by adding a new
subsection (k) to read as follows:
(K) THE SUPERINTENDENT, IN CONJUNCTION WITH THE COMMISSIONER OF
HEALTH, SHALL CONVENE A HEALTH CARE ADMINISTRATIVE SIMPLIFICATION WORK-
GROUP. THE WORKGROUP SHALL CONSIST OF STAKEHOLDERS, INCLUDING BUT NOT
LIMITED TO, INSURERS, HOSPITALS, PHYSICIANS AND CONSUMERS OR THEIR
REPRESENTATIVES, TO STUDY AND EVALUATE MECHANISMS TO REDUCE HEALTH CARE
ADMINISTRATIVE COSTS AND COMPLEXITIES THROUGH STANDARDIZATION, SIMPLIFI-
CATION AND TECHNOLOGY. AREAS TO BE EXAMINED BY THE WORKGROUP SHALL
INCLUDE CLAIMS SUBMISSION AND PAYMENT, CLAIMS ATTACHMENTS, PREAUTHORI-
ZATION PRACTICES, PROVIDER CREDENTIALING, INSURANCE ELIGIBILITY VERIFI-
CATION, AND ACCESS TO ELECTRONIC MEDICAL RECORDS. THE WORKGROUP SHALL
REPORT ON ITS FINDINGS AND RECOMMENDATIONS TO THE SUPERINTENDENT, THE
COMMISSIONER OF HEALTH, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF
THIS SUBSECTION.
§ 12. The insurance law is amended by adding a new section 345 to read
as follows:
§ 345. HEALTH CARE CLAIMS REPORTS. AN INSURER AUTHORIZED TO WRITE
ACCIDENT AND HEALTH INSURANCE IN THE STATE, A CORPORATION ORGANIZED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, OR A HEALTH MAINTENANCE
ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW SHALL REPORT TO THE SUPERINTENDENT QUARTERLY AND ANNUALLY ON
HEALTH CARE CLAIMS PAYMENT PERFORMANCE WITH RESPECT TO COMPREHENSIVE
HEALTH INSURANCE COVERAGE. THE REPORTS SHALL BE SUBMITTED IN THE MANNER
AND FORM PRESCRIBED BY THE SUPERINTENDENT AFTER CONSULTATION WITH REPRE-
SENTATIVES OF INSURERS AND HEALTH CARE PROVIDERS BUT AT MINIMUM SHALL
S. 7506--B 324 A. 9506--B
INCLUDE THE NUMBER AND DOLLAR VALUE OF HEALTH CARE CLAIMS BY MAJOR LINE
OF BUSINESS AND CATEGORIZED AS FOLLOWS: HEALTH CARE CLAIMS RECEIVED,
HEALTH CARE CLAIMS PAID, HEALTH CARE CLAIMS PENDED AND HEALTH CARE
CLAIMS DENIED DURING THE RESPECTIVE QUARTER OR YEAR. THE DATA SHALL BE
PROVIDED IN THE AGGREGATE AND BY MAJOR CATEGORY OF HEALTH CARE PROVIDER.
THE REPORTS SHOULD ADDRESS ANY PATTERNS OR SUSPECTED AREAS OF REVENUE
MAXIMIZATION THAT MAY HAVE CONTRIBUTED TO THE NUMBER OF DENIALS. THE
REPORTS SHALL BE DUE TO THE SUPERINTENDENT NO LATER THAN FORTY-FIVE DAYS
AFTER THE END OF THE RESPECTIVE QUARTER OR YEAR AND SHALL BE MADE
PUBLICLY AVAILABLE INCLUDING ON THE DEPARTMENT'S WEBSITE. THE SUPER-
INTENDENT, IN CONJUNCTION WITH THE COMMISSIONER OF HEALTH, MAY PROMUL-
GATE REGULATIONS REQUIRING ADDITIONAL REPORTING REQUIREMENTS ON INSUR-
ERS, CORPORATIONS, OR HEALTH MAINTENANCE ORGANIZATIONS OR HEALTH CARE
PROVIDERS TO ASSESS THE EFFECTIVENESS OF THE PAYMENT POLICIES SET FORTH
IN THIS SECTION, WHICH MAY BE INFORMED BY THE ADMINISTRATIVE SIMPLIFI-
CATION WORKGROUP AUTHORIZED BY SUBSECTION (K) OF SECTION THREE THOUSAND
TWO HUNDRED TWENTY-FOUR-A OF THIS CHAPTER.
§ 13. Paragraph (a) of subdivision 2 of section 4903 of the public
health law, as amended by chapter 371 of the laws of 2015, is amended to
read as follows:
(a) A utilization review agent shall make a utilization review deter-
mination involving health care services which require pre-authorization
and provide notice of a determination to the enrollee or enrollee's
designee and the enrollee's health care provider by telephone and in
writing within three business days of receipt of the necessary informa-
tion, OR FOR INPATIENT REHABILITATION SERVICES FOLLOWING AN INPATIENT
HOSPITAL ADMISSION PROVIDED BY A HOSPITAL OR SKILLED NURSING FACILITY,
WITHIN ONE BUSINESS DAY OF RECEIPT OF THE NECESSARY INFORMATION. To the
extent practicable, such written notification to the enrollee's health
care provider shall be transmitted electronically, in a manner and in a
form agreed upon by the parties. The notification shall identify; (i)
whether the services are considered in-network or out-of-network; (ii)
and whether the enrollee will be held harmless for the services and not
be responsible for any payment, other than any applicable co-payment or
co-insurance; (iii) as applicable, the dollar amount the health care
plan will pay if the service is out-of-network; and (iv) as applicable,
information explaining how an enrollee may determine the anticipated
out-of-pocket cost for out-of-network health care services in a
geographical area or zip code based upon the difference between what the
health care plan will reimburse for out-of-network health care services
and the usual and customary cost for out-of-network health care
services.
§ 14. Subsection (a) of section 4902 of the insurance law is amended
by adding a new paragraph 13 to read as follows:
(13) ESTABLISHMENT OF A REQUIREMENT THAT EMERGENCY DEPARTMENT AND
INPATIENT HOSPITAL SERVICES RENDERED BY A GENERAL HOSPITAL CERTIFIED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW TO AN INSURED
TO TREAT COVID-19 DURING A DECLARED STATE DISASTER EMERGENCY RELATED TO
COVID-19 SHALL NOT BE DENIED ON RETROSPECTIVE REVIEW ON THE BASIS THAT
SUCH SERVICES WERE NOT MEDICALLY NECESSARY.
§ 15. Subdivision 1 of section 4902 of the public health law is
amended by adding a new paragraph (k) to read as follows:
(K) ESTABLISHMENT OF A REQUIREMENT THAT EMERGENCY DEPARTMENT AND INPA-
TIENT HOSPITAL SERVICES RENDERED BY A GENERAL HOSPITAL CERTIFIED PURSU-
ANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER TO AN ENROLLEE TO TREAT
COVID-19 DURING A DECLARED STATE DISASTER EMERGENCY RELATED TO COVID-19
S. 7506--B 325 A. 9506--B
SHALL NOT BE DENIED ON RETROSPECTIVE REVIEW ON THE BASIS THAT SUCH
SERVICES WERE NOT MEDICALLY NECESSARY.
§ 16. Paragraph 1 of subsection (b) of section 4903 of the insurance
law, as amended by chapter 371 of the laws of 2015, is amended to read
as follows:
(1) A utilization review agent shall make a utilization review deter-
mination involving health care services which require pre-authorization
and provide notice of a determination to the insured or insured's desig-
nee and the insured's health care provider by telephone and in writing
within three business days of receipt of the necessary information, OR
FOR INPATIENT REHABILITATION SERVICES FOLLOWING AN INPATIENT HOSPITAL
ADMISSION PROVIDED BY A HOSPITAL OR SKILLED NURSING FACILITY, WITHIN ONE
BUSINESS DAY OF RECEIPT OF THE NECESSARY INFORMATION. To the extent
practicable, such written notification to the enrollee's health care
provider shall be transmitted electronically, in a manner and in a form
agreed upon by the parties. The notification shall identify: (i) wheth-
er the services are considered in-network or out-of-network; (ii) wheth-
er the insured will be held harmless for the services and not be respon-
sible for any payment, other than any applicable co-payment,
co-insurance or deductible; (iii) as applicable, the dollar amount the
health care plan will pay if the service is out-of-network; and (iv) as
applicable, information explaining how an insured may determine the
anticipated out-of-pocket cost for out-of-network health care services
in a geographical area or zip code based upon the difference between
what the health care plan will reimburse for out-of-network health care
services and the usual and customary cost for out-of-network health care
services.
§ 17. Subdivision 3 of section 4904 of the public health law, as
amended by chapter 586 of the laws of 1998 and paragraph (b) as further
amended by section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
3. A utilization review agent shall establish a standard appeal proc-
ess which includes procedures for appeals to be filed in writing or by
telephone. A utilization review agent must establish a period of no less
than forty-five days after receipt of notification by the enrollee of
the initial utilization review determination and receipt of all neces-
sary information to file the appeal from said determination. The utili-
zation review agent must provide written acknowledgment of the filing of
the appeal to the appealing party within fifteen days of such filing and
shall make a determination with regard to the appeal within [sixty]
THIRTY days of the receipt of necessary information to conduct the
appeal AND, UPON OVERTURNING THE ADVERSE DETERMINATION, SHALL COMPLY
WITH SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A
OF THE INSURANCE LAW AS APPLICABLE. The utilization review agent shall
notify the enrollee, the enrollee's designee and, where appropriate, the
enrollee's health care provider, in writing, of the appeal determination
within two business days of the rendering of such determination. The
notice of the appeal determination shall include:
(a) the reasons for the determination; provided, however, that where
the adverse determination is upheld on appeal, the notice shall include
the clinical rationale for such determination; and
(b) a notice of the enrollee's right to an external appeal together
with a description, jointly promulgated by the commissioner and the
superintendent of financial services as required pursuant to subdivision
five of section forty-nine hundred fourteen of this article, of the
S. 7506--B 326 A. 9506--B
external appeal process established pursuant to title two of this arti-
cle and the time frames for such external appeals.
§ 18. Subsection (c) of section 4904 of the insurance law, as amended
by chapter 586 of the laws of 1998, is amended to read as follows:
(c) A utilization review agent shall establish a standard appeal proc-
ess which includes procedures for appeals to be filed in writing or by
telephone. A utilization review agent must establish a period of no less
than forty-five days after receipt of notification by the insured of the
initial utilization review determination and receipt of all necessary
information to file the appeal from said determination. The utilization
review agent must provide written acknowledgment of the filing of the
appeal to the appealing party within fifteen days of such filing and
shall make a determination with regard to the appeal within [sixty]
THIRTY days of the receipt of necessary information to conduct the
appeal AND, UPON OVERTURNING THE ADVERSE DECISION, SHALL COMPLY WITH
SUBSECTION (A) OF SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF
THIS CHAPTER AS APPLICABLE. The utilization review agent shall notify
the insured, the insured's designee and, where appropriate, the
insured's health care provider, in writing of the appeal determination
within two business days of the rendering of such determination.
The notice of the appeal determination shall include:
(1) the reasons for the determination; provided, however, that where
the adverse determination is upheld on appeal, the notice shall include
the clinical rationale for such determination; and
(2) a notice of the insured's right to an external appeal together
with a description, jointly promulgated by the superintendent and the
commissioner of health as required pursuant to subsection (e) of section
four thousand nine hundred fourteen of this article, of the external
appeal process established pursuant to title two of this article and the
time frames for such external appeals.
§ 19. Subsection (a) of section 4803 of the insurance law is amended
by adding a new paragraph 3 to read as follows:
(3) A NEWLY-LICENSED PHYSICIAN, A PHYSICIAN WHO HAS RECENTLY RELOCATED
TO THIS STATE FROM ANOTHER STATE AND HAS NOT PREVIOUSLY PRACTICED IN
THIS STATE, OR A PHYSICIAN WHO HAS CHANGED HIS OR HER CORPORATE
RELATIONSHIP SUCH THAT IT RESULTS IN THE ISSUANCE OF A NEW TAX IDENTIFI-
CATION NUMBER UNDER WHICH SUCH PHYSICIAN'S SERVICES ARE BILLED FOR AND
WHO PREVIOUSLY HAD A PARTICIPATION CONTRACT WITH THE INSURER IMMEDIATELY
PRIOR TO THE EVENT THAT CHANGED HIS OR HER CORPORATE RELATIONSHIP, WHO
BECOMES EMPLOYED BY A GENERAL HOSPITAL OR DIAGNOSTIC AND TREATMENT
CENTER LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
LAW, OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE OR
ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW WHICH HAS A PARTICIPATING
PROVIDER CONTRACT WITH AN INSURER, AND WHOSE OTHER EMPLOYED PHYSICIANS
PARTICIPATE IN THE IN-NETWORK PORTION OF AN INSURER'S NETWORK, SHALL BE
DEEMED "PROVISIONALLY CREDENTIALED" AND MAY PARTICIPATE IN THE IN-NET-
WORK PORTION OF AN INSURER'S NETWORK DURING THIS TIME PERIOD UPON: (A)
THE INSURER'S RECEIPT OF THE HOSPITAL AND PHYSICIAN'S COMPLETED SECTIONS
OF THE INSURER'S CREDENTIALING APPLICATION; AND (B) THE INSURER BEING
NOTIFIED IN WRITING THAT THE HEALTH CARE PROFESSIONAL HAS BEEN GRANTED
HOSPITAL PRIVILEGES PURSUANT TO THE REQUIREMENTS OF SECTION TWENTY-EIGHT
HUNDRED FIVE-K OF THE PUBLIC HEALTH LAW. HOWEVER, A PROVISIONALLY
CREDENTIALED PHYSICIAN SHALL NOT BE DESIGNATED AS AN INSURED'S PRIMARY
CARE PHYSICIAN UNTIL SUCH TIME AS THE PHYSICIAN HAS BEEN FULLY CREDEN-
TIALED BY THE INSURER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
INSURER SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS TO THE LICENSED
S. 7506--B 327 A. 9506--B
GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND TREATMENT CENTER OR A
FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE OR ARTICLE
THIRTY-TWO OF THE MENTAL HYGIENE LAW FOR THE SERVICE PROVIDED BY A
PROVISIONALLY CREDENTIALED PHYSICIAN, UNTIL AND UNLESS THE PHYSICIAN IS
FULLY CREDENTIALED BY THE INSURER, PROVIDED, HOWEVER, THAT UPON BEING
FULLY CREDENTIALED, THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOS-
TIC AND TREATMENT CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN,
ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW SHALL
BE PAID FOR ALL SERVICES PROVIDED BY THE PHYSICIAN FOR UP TO SIXTY DAYS
AFTER SUBMISSION OF THE COMPLETED APPLICATION THAT THE CREDENTIALED
PHYSICIAN PROVIDED TO THE INSURER'S SUBSCRIBERS OR MEMBERS FROM THE DATE
THE PHYSICIAN FULLY MET THE REQUIREMENTS TO BE PROVISIONALLY CREDEN-
TIALED PURSUANT TO THIS PARAGRAPH. SHOULD THE APPLICATION ULTIMATELY BE
DENIED BY THE INSURER, THE INSURER SHALL NOT BE LIABLE FOR ANY PAYMENT
TO THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND TREATMENT
CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE
OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW FOR THE SERVICES
PROVIDED BY THE PROVISIONALLY CREDENTIALED HEALTH CARE PROFESSIONAL THAT
EXCEEDS ANY OUT-OF-NETWORK BENEFITS PAYABLE UNDER THE INSURED'S CONTRACT
WITH THE INSURER; AND THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAG-
NOSTIC AND TREATMENT CENTER OR A FACILITY LICENSED UNDER ARTICLE
SIXTEEN, ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE
LAW SHALL NOT PURSUE REIMBURSEMENT FROM THE INSURED, EXCEPT TO COLLECT
THE COPAYMENT OR COINSURANCE OR DEDUCTIBLE AMOUNT THAT OTHERWISE WOULD
HAVE BEEN PAYABLE HAD THE INSURED RECEIVED SERVICES FROM A HEALTH CARE
PROFESSIONAL PARTICIPATING IN THE IN-NETWORK PORTION OF AN INSURER'S
NETWORK.
§ 20. Subdivision 1 of section 4406-d of the public health law is
amended by adding a new paragraph (c) to read as follows:
(C) A NEWLY-LICENSED PHYSICIAN, A PHYSICIAN WHO HAS RECENTLY RELOCATED
TO THIS STATE FROM ANOTHER STATE AND HAS NOT PREVIOUSLY PRACTICED IN
THIS STATE, OR A PHYSICIAN WHO HAS CHANGED HIS OR HER CORPORATE
RELATIONSHIP SUCH THAT IT RESULTS IN THE ISSUANCE OF A NEW TAX IDENTIFI-
CATION NUMBER UNDER WHICH SUCH PHYSICIAN'S SERVICES ARE BILLED FOR AND
WHO PREVIOUSLY HAD A PARTICIPATION CONTRACT WITH THE HEALTH CARE PLAN
IMMEDIATELY PRIOR TO THE EVENT THAT CHANGED HIS OR HER CORPORATE
RELATIONSHIP, WHO BECOMES EMPLOYED BY A GENERAL HOSPITAL OR DIAGNOSTIC
AND TREATMENT CENTER LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS
CHAPTER, OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-
ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW WHICH HAS A PARTIC-
IPATING PROVIDER CONTRACT WITH A HEALTH CARE PLAN, AND WHOSE OTHER
EMPLOYED PHYSICIANS PARTICIPATE IN THE IN-NETWORK PORTION OF A HEALTH
CARE PLAN'S NETWORK, SHALL BE DEEMED "PROVISIONALLY CREDENTIALED" AND
MAY PARTICIPATE IN THE IN-NETWORK PORTION OF A HEALTH CARE PLAN'S
NETWORK DURING THIS TIME PERIOD UPON: (I) THE HEALTH CARE PLAN'S RECEIPT
OF THE HOSPITAL AND PHYSICIAN'S COMPLETED SECTIONS OF THE INSURER'S
CREDENTIALING APPLICATION; AND (II) THE HEALTH CARE PLAN BEING NOTIFIED
IN WRITING THAT THE HEALTH CARE PROFESSIONAL HAS BEEN GRANTED HOSPITAL
PRIVILEGES PURSUANT TO THE REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED
FIVE-K OF THIS CHAPTER. HOWEVER, A PROVISIONALLY CREDENTIALED PHYSICIAN
SHALL NOT BE DESIGNATED AS AN ENROLLEE'S PRIMARY CARE PHYSICIAN UNTIL
SUCH TIME AS THE PHYSICIAN HAS BEEN FULLY CREDENTIALED BY THE HEALTH
CARE PLAN. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEALTH CARE
PLAN SHALL NOT BE REQUIRED TO MAKE ANY PAYMENTS TO THE LICENSED GENERAL
HOSPITAL, THE LICENSED DIAGNOSTIC AND TREATMENT CENTER OR A FACILITY
LICENSED UNDER ARTICLE SIXTEEN, ARTICLE THIRTY-ONE OR ARTICLE THIRTY-TWO
S. 7506--B 328 A. 9506--B
OF THE MENTAL HYGIENE LAW FOR THE SERVICE PROVIDED BY A PROVISIONALLY
CREDENTIALED PHYSICIAN, UNTIL AND UNLESS THE PHYSICIAN IS FULLY CREDEN-
TIALED BY THE HEALTH CARE PLAN, PROVIDED, HOWEVER, THAT UPON BEING FULLY
CREDENTIALED, THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND
TREATMENT CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE
THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW SHALL BE PAID
FOR ALL SERVICES PROVIDED BY THE PHYSICIAN FOR UP TO SIXTY DAYS AFTER
SUBMISSION OF THE COMPLETED APPLICATION THAT THE CREDENTIALED PHYSICIAN
PROVIDED TO THE HEALTH CARE PLAN'S INSUREDS FROM THE DATE THE PHYSICIAN
FULLY MET THE REQUIREMENTS TO BE PROVISIONALLY CREDENTIALED PURSUANT TO
THIS PARAGRAPH. SHOULD THE APPLICATION ULTIMATELY BE DENIED BY THE
HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL NOT BE LIABLE FOR ANY
PAYMENT TO THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND
TREATMENT CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE
THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW FOR THE
SERVICES PROVIDED BY THE PROVISIONALLY CREDENTIALED HEALTH CARE PROFES-
SIONAL; AND THE LICENSED GENERAL HOSPITAL, THE LICENSED DIAGNOSTIC AND
TREATMENT CENTER OR A FACILITY LICENSED UNDER ARTICLE SIXTEEN, ARTICLE
THIRTY-ONE OR ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW SHALL NOT
PURSUE REIMBURSEMENT FROM THE INSURED, EXCEPT TO COLLECT THE COPAYMENT
OR COINSURANCE OR DEDUCTIBLE AMOUNT THAT OTHERWISE WOULD HAVE BEEN PAYA-
BLE HAD THE INSURED RECEIVED SERVICES FROM A HEALTH CARE PROFESSIONAL
PARTICIPATING IN THE IN-NETWORK PORTION OF A HEALTH CARE PLAN'S NETWORK.
§ 21. This act shall take effect immediately; provided, however, that
sections six through eleven and sections thirteen through eighteen of
this act shall apply to services performed on or after January 1, 2021;
and provided further, however, that section twelve of this act shall
apply to health care reports on and after January 1, 2022; and provided
further, however, that sections nineteen and twenty of this act shall
apply to credentialing applications received on or after July 1, 2020.
Provided further, however, that the director of the budget may, in
consultation with the commissioner of health, delay the effective dates
prescribed herein for a period of time which shall not exceed ninety
days following the conclusion or termination of an executive order
issued pursuant to section 28 of the executive law declaring a state
disaster emergency for the entire state of New York, upon such delay the
director of the budget shall notify the chairs of the assembly ways and
means committee and senate finance committee and the chairs of the
assembly and senate health committee; provided further, however, that
the director of the budget shall notify the legislative bill drafting
commission upon the occurrence of a delay in the effective date of this
act 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.
PART ZZ
Section 1. Subdivision (c) of section 1261 of the tax law is amended
by adding a new paragraph 7 to read as follows:
(7) IN ORDER TO PROVIDE CRITICAL SUPPORT TO FINANCIALLY DISTRESSED
HOSPITALS AND NURSING HOME FACILITIES THROUGHOUT THE STATE, THE COMP-
TROLLER SHALL, BY APRIL FIFTEENTH, TWO THOUSAND TWENTY, AND BY JANUARY
FIRST OF EACH YEAR THEREAFTER, DETERMINE EACH COUNTY'S PERCENTAGE SHARE
OF THE TOTAL AGGREGATE NET COLLECTIONS OF ALL COUNTIES, EXCLUDING A CITY
WITH A POPULATION OF ONE MILLION OR MORE, FOR THE ONE-YEAR PERIOD ENDING
S. 7506--B 329 A. 9506--B
NOVEMBER THIRTIETH OF THE PRECEDING YEAR, AND WITHHOLD FROM THE TAXES,
PENALTIES AND INTEREST IMPOSED BY EACH COUNTY, EXCLUDING A CITY HAVING A
POPULATION OF ONE MILLION OR MORE, AN AMOUNT EQUAL TO THE PRODUCT OF
SUCH COUNTY'S PERCENTAGE SHARE AND FIFTY MILLION DOLLARS. SUCH AMOUNTS
SHALL BE WITHHELD IN FOUR QUARTERLY INSTALLMENTS ON JANUARY FIFTEENTH,
APRIL FIFTEENTH, JULY FIFTEENTH AND OCTOBER FIFTEENTH, AND SHALL BE
DEPOSITED INTO THE NEW YORK STATE AGENCY TRUST FUND, DISTRESSED PROVIDER
ASSISTANCE ACCOUNT. PROVIDED, HOWEVER, FOR THE TAX JURISDICTIONS THAT
ARE SUBJECT TO PARAGRAPHS THREE AND FIVE-A OF THIS SUBDIVISION, THE
COMPTROLLER SHALL DEPOSIT SUCH AMOUNT TO THE NEW YORK STATE AGENCY TRUST
FUND, DISTRESSED PROVIDER ASSISTANCE ACCOUNT AFTER FUNDS ARE DISTRIBUTED
PURSUANT TO SUCH PARAGRAPHS THREE AND FIVE-A OF THIS SUBDIVISION.
§ 2. Subparagraph (ii) of paragraph 5 of subdivision (c) of section
1261 of the tax law, as amended by section 6-b of part G of chapter 59
of the laws of 2019, is amended to read as follows:
(ii) After withholding the taxes, penalties and interest imposed by
the city of New York on and after August first, two thousand eight as
provided in subparagraph (i) of this paragraph, the comptroller shall
withhold a portion of such taxes, penalties and interest sufficient to
deposit annually into the central business district tolling capital
lockbox established pursuant to section five hundred fifty-three-j of
the public authorities law: (A) in state fiscal year two thousand nine-
teen - two thousand twenty, one hundred twenty-seven million five
hundred thousand dollars; (B) in state fiscal year two thousand twenty -
two thousand twenty-one, one hundred seventy million dollars; [and] (C)
in state fiscal year two thousand twenty-one - two thousand twenty-two
and every succeeding state fiscal year, an amount equal to one hundred
one percent of the amount deposited in the immediately preceding state
fiscal year. The funds shall be deposited monthly in equal installments.
During the period that the comptroller is required to withhold amounts
and make payments described in this paragraph, the city of New York has
no right, title or interest in or to those taxes, penalties and interest
required to be paid into the above referenced central business district
tolling capital lockbox. IN ADDITION, THE COMPTROLLER SHALL WITHHOLD A
PORTION OF SUCH TAXES, PENALTIES AND INTEREST IN THE AMOUNT OF TWO
HUNDRED MILLION DOLLARS, TO BE WITHHELD IN FOUR QUARTERLY INSTALLMENTS
ON JANUARY FIFTEENTH, APRIL FIFTEENTH, JULY FIFTEENTH AND OCTOBER
FIFTEENTH OF EACH YEAR, AND SHALL DEPOSIT SUCH AMOUNTS INTO THE NEW YORK
STATE AGENCY TRUST FUND, DISTRESSED PROVIDER ASSISTANCE ACCOUNT.
§ 3. Notwithstanding sections one and two of this act, the comptroller
shall defer withholding the total value of withholdings which would have
occurred on April 15, 2020, July 15, 2020, October 15, 2020, and January
15, 2021 pursuant to sections one and two of this act until January 15,
2021 at which time the comptroller shall withhold the full $50,000,000
installment set forth in section one of this act and the full
$200,000,000 installment set forth in section two of this act.
§ 4. Section 363-c of the social services law is amended by adding a
new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY LAWS OR REGULATIONS TO THE CONTRARY, ALL SOCIAL
SERVICES DISTRICTS, PROVIDERS AND OTHER RECIPIENTS OF MEDICAL ASSISTANCE
PROGRAM FUNDS SHALL MAKE AVAILABLE TO THE COMMISSIONER OR THE DIRECTOR
OF THE DIVISION OF BUDGET IN A PROMPT FASHION ALL FISCAL AND STATISTICAL
RECORDS AND REPORTS, OTHER CONTEMPORANEOUS RECORDS DEMONSTRATING THEIR
RIGHT TO RECEIVE PAYMENT, AND ALL UNDERLYING BOOKS, RECORDS, DOCUMENTA-
TION AND REPORTS, WHICH MAY BE REQUESTED BY THE COMMISSIONER OR THE
DIRECTOR OF THE DIVISION OF THE BUDGET AS MAY BE DETERMINED NECESSARY TO
S. 7506--B 330 A. 9506--B
MANAGE AND OVERSEE THE MEDICAID PROGRAM PROVIDED HOWEVER, ANY PERSONALLY
IDENTIFYING INFORMATION OBTAINED PURSUANT TO THIS SUBDIVISION SHALL
REMAIN CONFIDENTIAL AND SHALL BE USED SOLELY FOR THE PURPOSES OF THIS
SUBDIVISION.
§ 5. This act shall take effect immediately and shall be deemed
repealed two years after such effective date.
PART AAA
Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
of the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 1 of part F of chapter 57 of the laws of 2019, is
amended to read as follows:
(a) The superintendent of financial services and the commissioner of
health or their designee shall, from funds available in the hospital
excess liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of financial services for purposes of providing equiv-
alent excess coverage in accordance with section 19 of chapter 294 of
the laws of 1985, for medical or dental malpractice occurrences between
July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
30, 2018, between July 1, 2018 and June 30, 2019, [and] between July 1,
2019 and June 30, 2020, AND BETWEEN JULY 1, 2020 AND JUNE 30, 2021 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
S. 7506--B 331 A. 9506--B
1, 1999 and June 30, 2000, between July 1, 2000 and June 30, 2001,
between July 1, 2001 and June 30, 2002, between July 1, 2002 and June
30, 2003, between July 1, 2003 and June 30, 2004, between July 1, 2004
and June 30, 2005, between July 1, 2005 and June 30, 2006, between July
1, 2006 and June 30, 2007, between July 1, 2007 and June 30, 2008,
between July 1, 2008 and June 30, 2009, between July 1, 2009 and June
30, 2010, between July 1, 2010 and June 30, 2011, between July 1, 2011
and June 30, 2012, between July 1, 2012 and June 30, 2013, between July
1, 2013 and June 30, 2014, between July 1, 2014 and June 30, 2015,
between July 1, 2015 and June 30, 2016, between July 1, 2016 and June
30, 2017, between July 1, 2017 and June 30, 2018, between July 1, 2018
and June 30, 2019, [and] between July 1, 2019 and June 30, 2020, AND
BETWEEN JULY 1, 2020 AND JUNE 30, 2021 for physicians or dentists certi-
fied 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 occur-
rences or be endorsed as additional insureds under a hospital profes-
sional liability policy which is offered through a voluntary attending
physician ("channeling") program previously permitted by the superinten-
dent 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 physi-
cian's or dentist's primary malpractice insurance coverage or coverage
provided through a voluntary attending physician ("channeling") program,
total an aggregate level of two million three hundred thousand dollars
for each claimant and six million nine hundred thousand dollars for all
claimants from all such policies with respect to occurrences in each of
such years provided, however, if the cost of primary malpractice insur-
ance 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 coverage, 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 claim-
ants for such occurrences shall be effective April 1, 2002.
§ 2. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 2 of
part F of chapter 57 of the laws of 2019, is amended to read as follows:
S. 7506--B 332 A. 9506--B
(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, between July 1, 2017 and June 30, 2018, between
July 1, 2018 and June 30, 2019, [and] between July 1, 2019 and June 30,
2020, AND BETWEEN JULY 1, 2020 AND JUNE 30, 2021 allocable to each
general hospital for physicians or dentists certified as eligible for
purchase of a policy for excess insurance coverage by such general
hospital in accordance with subdivision 2 of this section, and may amend
such determination and certification as necessary.
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, [and] between
July 1, 2019 and June 30, 2020, AND BETWEEN JULY 1, 2020 AND JUNE 30,
2021 allocable to each general hospital for physicians or dentists
certified as eligible for purchase of a policy for excess insurance
coverage or equivalent excess coverage by such general hospital in
accordance with subdivision 2 of this section, and may amend such deter-
mination and certification as necessary. The superintendent of financial
services shall determine and certify to each general hospital and to the
S. 7506--B 333 A. 9506--B
commissioner of health the ratable share of such cost allocable to the
period July 1, 1987 to December 31, 1987, to the period January 1, 1988
to June 30, 1988, to the period July 1, 1988 to December 31, 1988, to
the period January 1, 1989 to June 30, 1989, to the period July 1, 1989
to December 31, 1989, to the period January 1, 1990 to June 30, 1990, to
the period July 1, 1990 to December 31, 1990, to the period January 1,
1991 to June 30, 1991, to the period July 1, 1991 to December 31, 1991,
to the period January 1, 1992 to June 30, 1992, to the period July 1,
1992 to December 31, 1992, to the period January 1, 1993 to June 30,
1993, to the period July 1, 1993 to December 31, 1993, to the period
January 1, 1994 to June 30, 1994, to the period July 1, 1994 to December
31, 1994, to the period January 1, 1995 to June 30, 1995, to the period
July 1, 1995 to December 31, 1995, to the period January 1, 1996 to June
30, 1996, to the period July 1, 1996 to December 31, 1996, to the period
January 1, 1997 to June 30, 1997, to the period July 1, 1997 to December
31, 1997, to the period January 1, 1998 to June 30, 1998, to the period
July 1, 1998 to December 31, 1998, to the period January 1, 1999 to June
30, 1999, to the period July 1, 1999 to December 31, 1999, to the period
January 1, 2000 to June 30, 2000, to the period July 1, 2000 to December
31, 2000, to the period January 1, 2001 to June 30, 2001, to the period
July 1, 2001 to June 30, 2002, to the period July 1, 2002 to June 30,
2003, to the period July 1, 2003 to June 30, 2004, to the period July 1,
2004 to June 30, 2005, to the period July 1, 2005 and June 30, 2006, to
the period July 1, 2006 and June 30, 2007, to the period July 1, 2007
and June 30, 2008, to the period July 1, 2008 and June 30, 2009, to the
period July 1, 2009 and June 30, 2010, to the period July 1, 2010 and
June 30, 2011, to the period July 1, 2011 and June 30, 2012, to the
period July 1, 2012 and June 30, 2013, to the period July 1, 2013 and
June 30, 2014, to the period July 1, 2014 and June 30, 2015, to the
period July 1, 2015 and June 30, 2016, to the period July 1, 2016 and
June 30, 2017, to the period July 1, 2017 to June 30, 2018, to the peri-
od July 1, 2018 to June 30, 2019, [and] to the period July 1, 2019 to
June 30, 2020, AND TO THE PERIOD JULY 1, 2020 TO JUNE 30, 2021.
§ 3. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of
section 18 of chapter 266 of the laws of 1986, amending the civil prac-
tice law and rules and other laws relating to malpractice and profes-
sional medical conduct, as amended by section 3 of part F of chapter 57
of the laws of 2019, 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,
S. 7506--B 334 A. 9506--B
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 to June 30, 2016, during
the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
to June 30, 2018, during the period July 1, 2018 to June 30, 2019, [and]
during the period July 1, 2019 to June 30, 2020, AND DURING THE PERIOD
JULY 1, 2020 TO JUNE 30, 2021 allocated or reallocated in accordance
with paragraph (a) of subdivision 4-a of this section to rates of
payment applicable to state governmental agencies, each physician or
dentist for whom a policy for excess insurance coverage or equivalent
excess coverage is purchased for such period shall be responsible for
payment to the provider of excess insurance coverage or equivalent
excess coverage of an allocable share of such insufficiency, based on
the ratio of the total cost of such coverage for such physician to the
sum of the total cost of such coverage for all physicians applied to
such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
covering the period July 1, 2016 to June 30, 2017, or covering the peri-
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, OR
COVERING THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 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-
S. 7506--B 335 A. 9506--B
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, or covering the period July 1, 2018 to June 30,
2019, or covering the period July 1, 2019 to June 30, 2020, OR COVERING
THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 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 superinten-
dent of financial services pursuant to paragraph (b) of this subdivi-
sion, 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
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
covering the period July 1, 2009 to June 30, 2010, or covering the peri-
od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
covering the period July 1, 2013 to June 30, 2014, or covering the peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
covering the period July 1, 2017 to June 30, 2018, or covering the peri-
od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
June 30, 2020, OR COVERING THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 that
has made payment to such provider of excess insurance coverage or equiv-
S. 7506--B 336 A. 9506--B
alent excess coverage in accordance with paragraph (b) of this subdivi-
sion 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, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, and to the period July 1,
2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
AND TO THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 received from the hospi-
tal 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 cover-
ing 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 covering the
period July 1, 1999 to June 30, 2000, and covering the period July 1,
2000 to June 30, 2001, and covering the period July 1, 2001 to October
29, 2001, and covering the period April 1, 2002 to June 30, 2002, and
covering the period July 1, 2002 to June 30, 2003, and covering the
period July 1, 2003 to June 30, 2004, and covering the period July 1,
2004 to June 30, 2005, and covering the period July 1, 2005 to June 30,
2006, and covering the period July 1, 2006 to June 30, 2007, and cover-
ing 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 covering the
period July 1, 2012 to June 30, 2013, and covering the period July 1,
2013 to June 30, 2014, and covering the period July 1, 2014 to June 30,
2015, and covering the period July 1, 2015 to June 30, 2016, and cover-
ing the period July 1, 2016 to June 30, 2017, and covering the period
July 1, 2017 to June 30, 2018, and covering the period July 1, 2018 to
June 30, 2019, and covering the period July 1, 2019 to June 30, 2020,
AND COVERING THE PERIOD JULY 1, 2020 TO JUNE 30, 2021 for a physician or
dentist where such excess insurance coverage or equivalent excess cover-
age is cancelled in accordance with paragraph (c) of this subdivision.
§ 4. Intentionally omitted.
§ 5. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
S. 7506--B 337 A. 9506--B
professional medical conduct, as amended by section 4 of part F of chap-
ter 57 of the laws of 2019, 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,
[2020] 2021; 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, [2020]
2021, 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, [2020]
2021 policy periods; in the event and to the extent physicians and
surgeons were insured by another insurer during such periods, all or a
pro rata share of the surcharge, as the case may be, shall be remitted
to such other insurer in accordance with rules and regulations to be
promulgated by the superintendent. Surcharges collected from physicians
and surgeons who were not insured during such policy periods shall be
apportioned among all insurers in proportion to the premium written by
each insurer during such policy periods; if a physician or surgeon was
insured by an insurer subject to rates established by the superintendent
during such policy periods, and at any time thereafter a hospital,
health maintenance organization, employer or institution is responsible
for responding in damages for liability arising out of such physician's
or surgeon's practice of medicine, such responsible entity shall also
remit to such prior insurer the equivalent amount that would then be
collected as a surcharge if the physician or surgeon had continued to
remain insured by such prior insurer. In the event any insurer that
provided coverage during such policy periods is in liquidation, the
property/casualty insurance security fund shall receive the portion of
surcharges to which the insurer in liquidation would have been entitled.
The surcharges authorized herein shall be deemed to be income earned for
the purposes of section 2303 of the insurance law. The superintendent,
in establishing adequate rates and in determining any projected defi-
ciency pursuant to the requirements of this section and the insurance
law, shall give substantial weight, determined in his discretion and
judgment, to the prospective anticipated effect of any regulations
promulgated and laws enacted and the public benefit of stabilizing
malpractice rates and minimizing rate level fluctuation during the peri-
od of time necessary for the development of more reliable statistical
experience as to the efficacy of such laws and regulations affecting
medical, dental or podiatric malpractice enacted or promulgated in 1985,
S. 7506--B 338 A. 9506--B
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.
§ 6. 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 5
of part F of chapter 57 of the laws of 2019, are amended to read as
follows:
§ 5. The superintendent of financial services and the commissioner of
health shall determine, no later than June 15, 2002, June 15, 2003, June
15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
15, 2018, June 15, 2019, [and] June 15, 2020, AND JUNE 15, 2021 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 physicians and dentists during the
period July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003,
or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or
July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July
1, 2007 to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1,
2009 to June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011
to June 30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to
June 30, 2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June
30, 2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, OR JULY 1, 2020 TO JUNE 30, 2021 as applicable.
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services and the commissioner of health, and a certification of such
determination to the state director of the budget, the chair of the
senate committee on finance and the chair of the assembly committee on
ways and means, that the amount of funds in the hospital excess liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age for eligible participating physicians and dentists during the period
July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, OR JULY 1, 2020 TO JUNE 30, 2021 as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of financial services for the purchase of excess liability insurance
S. 7506--B 339 A. 9506--B
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, [and]
June 15, 2020, AND JUNE 15, 2021 as applicable.
§ 7. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, as amended by section 6 of part F
of chapter 57 of the laws of 2019, is amended to read as follows:
§ 20. Notwithstanding any law, rule or regulation to the contrary,
only physicians or dentists who were eligible, and for whom the super-
intendent of financial services and the commissioner of health, or their
designee, purchased, with funds available in the hospital excess liabil-
ity pool, a full or partial policy for excess coverage or equivalent
excess coverage for the coverage period ending the thirtieth of June,
two thousand [nineteen,] TWENTY, shall be eligible to apply for such
coverage for the coverage period beginning the first of July, two thou-
sand [nineteen;] TWENTY; 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 [nineteen] TWENTY exceeds the total number of
physicians or dentists certified as eligible for the coverage period
beginning the first of July, two thousand [nineteen,] TWENTY, then the
general hospitals may certify additional eligible physicians or dentists
in a number equal to such general hospital's proportional share of the
total number of physicians or dentists for whom excess coverage or
equivalent excess coverage was purchased with funds available in the
hospital excess liability pool as of the thirtieth of June, two thousand
[nineteen,] TWENTY, 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 [nineteen] TWENTY and the number of
such eligible physicians or dentists who have applied for excess cover-
age or equivalent excess coverage for the coverage period beginning the
first of July, two thousand [nineteen] TWENTY.
§ 8. This act shall take effect April 1, 2020, provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after April 1, 2020.
PART BBB
Intentionally Omitted
PART CCC
Section 1. Subdivisions 1, 4 and 5 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
S. 7506--B 340 A. 9506--B
expenditures, subdivision 1 as amended by section 1 of part D of chapter
57 of the laws of 2019, subdivision 5 as amended by section 33-a of part
C of chapter 60 of the laws of 2014 and paragraph (g) of subdivision 5
as added by section 19 of part B of chapter 59 of the laws of 2016, are
amended to read as follows:
1. (A) For state fiscal years 2011-12 through [2020-2021] 2021-22, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a monthly basis, as reflected in monthly reports pursuant to subdivi-
sion five of this section known and projected department of health state
funds medicaid expenditures by category of service and by geographic
regions, as defined by the commissioner[, and if the director of the
budget determines that such].
(B) IF SUCH expenditures are expected to cause medicaid disbursements
for such period to exceed the projected department of health medicaid
state funds disbursements in the enacted budget financial plan pursuant
to subdivision 3 of section 23 of the state finance law, [the commis-
sioner of health, in consultation with the director of the budget, shall
develop] a medicaid savings allocation [plan] ADJUSTMENT SHALL BE IMPLE-
MENTED to limit such spending to the aggregate limit level specified in
the enacted budget financial plan[, provided, however, such
projections]. SUCH ADJUSTMENT SHALL BE APPLIED EQUALLY ACROSS CATEGO-
RIES OF SERVICE UNLESS PROJECTIONS DEMONSTRATE, AS DETERMINED BY THE
COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE DIRECTOR OF THE BUDGET,
A SPECIFIC CATEGORY OR CATEGORIES OF SERVICE ARE RESPONSIBLE FOR THE
GROWTH OF EXPENDITURES, IN WHICH INSTANCE THE COMMISSIONER OF HEALTH, IN
CONSULTATION WITH THE DIRECTOR OF THE BUDGET MAY LIMIT IMPLEMENTATION OF
THE ADJUSTMENT TO SUCH CATEGORY OR CATEGORIES OF SERVICE. THE COMMIS-
SIONER OF HEALTH SHALL NOTIFY IMPACTED PROVIDERS OF AN ALLOCATION
ADJUSTMENT THAT WILL IMPACT THEIR REIMBURSEMENTS THROUGH A PUBLIC NOTICE
CONSISTENT WITH 42 C.F.R. § 447.205 ISSUED AT LEAST THIRTY DAYS PRIOR TO
IMPLEMENTATION OF THE ALLOCATION ADJUSTMENT. IF PRIOR TO IMPLEMENTATION
OF ANY SUCH ADJUSTMENT, THE COMMISSIONER OF HEALTH DEVELOPS A PLAN,
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF BUDGET, TO TAKE ACTIONS
NECESSARY TO AVOID A MEDICAID SAVINGS ALLOCATION ADJUSTMENT, THE COMMIS-
SIONER OF HEALTH MAY PURSUE SUCH ACTIONS TO AVOID A MEDICAID SAVINGS
ALLOCATION ADJUSTMENT.
(C) PROJECTIONS may be adjusted by the director of the budget to
account for any changes in the New York state federal medical assistance
percentage amount established pursuant to the federal social security
act, changes in provider revenues, reductions to local social services
district medical assistance administration, minimum wage increases, and
beginning April 1, 2012 the operational costs of the New York state
medical indemnity fund and state costs or savings from the basic health
plan. Such projections may be adjusted by the director of the budget to
account for increased or expedited department of health state funds
medicaid expenditures as a result of a natural or other type of disas-
ter, including a governmental declaration of emergency.
4. In accordance with the medicaid savings allocation [plan] ADJUST-
MENT UNDER SUBDIVISION 1 OF THIS SECTION, the commissioner of the
department of health shall reduce department of health state funds medi-
caid disbursements by the amount of the projected overspending through,
actions including, but not limited to modifying or suspending reimburse-
ment methods, including but not limited to all fees, premium levels and
rates of payment, PROVIDED HOWEVER THAT ANY CHANGES ARE CONSISTENT WITH
ACTUARIAL SOUNDNESS PRINCIPLES AND REQUIREMENTS, notwithstanding any
S. 7506--B 341 A. 9506--B
provision of law that sets a specific amount or methodology for any such
payments or rates of payment; modifying Medicaid program benefits; seek-
ing all necessary Federal approvals, including, but not limited to STATE
PLAN AMENDMENTS, waivers, waiver amendments; and suspending time frames
for notice, approval or certification of rate requirements, notwith-
standing any provision of law, rule or regulation to the contrary,
including but not limited to sections 2807 and 3614 of the public health
law, section 18 of chapter 2 of the laws of 1988, and 18 NYCRR
505.14(h).
5. The commissioner of health, in consultation with the director of
budget, shall prepare a monthly report that sets forth:
(a) known and projected department of health medicaid expenditures as
described in subdivision one of this section, and factors that could
result in medicaid disbursements for the relevant state fiscal year to
exceed the projected department of health state funds disbursements in
the enacted budget financial plan pursuant to subdivision 3 of section
23 of the state finance law, including spending increases or decreases
due to: enrollment fluctuations, rate changes, utilization changes, MRT
investments, and shift of beneficiaries to managed care; and variations
in offline medicaid payments;
(b) the actions taken to implement any medicaid savings allocation
[plan] ADJUSTMENT implemented pursuant to [subdivision] SUBDIVISIONS ONE
AND four of this section, including information concerning the impact of
such actions on each category of service and each geographic region of
the state.
(c) The price, to include the base rate plus any upcoming rate adjust-
ment; utilization, to include current enrollment, projected enrollment
changes and acuity; and Medicaid Redesign Team initiatives, one-time
initiatives and other initiatives describing the proposed budget action
impact, any prior year initiative with current and future year impacts
for the following categories of spending:
(i) inpatient;
(ii) outpatient;
(iii) emergency room;
(iv) clinic;
(v) nursing homes;
(vi) other long term care;
(vii) medicaid managed care;
(viii) family health plus;
(ix) pharmacy;
(x) transportation;
(xi) dental;
(xii) non-institutional and all other categories;
(xiii) affordable housing;
(xiv) vital access provider services;
(xv) behavioral health vital access provider services;
(xvi) health home establishment grants;
(xvii) grants for facilitating transition of behavioral health service
to managed care;
(xviii) Finger Lakes health services agency;
(xix) the transition of vulnerable populations to managed care;
(xx) audit recoveries and settlements; and
(d) where price and utilization are not applicable, detail shall be
provided on spending, to include but not be limited to:
(i) demographic information of targeted recipients;
(ii) number of recipients;
S. 7506--B 342 A. 9506--B
(iii) award amounts;
(iv) timing of awards; and
(v) the impact of Medicaid Redesign Team and/or one-time initiatives.
Information required by paragraphs (a) and (b) of this subdivision
shall be provided to the chairs of the senate finance and the assembly
ways and means committees, and shall be posted on the department of
health's website in the timely manner.
(e) Beginning on July 1, 2014, additional information required by
paragraphs (c) and (d) of this subdivision shall be provided to the
governor, the temporary president of the senate, the speaker of the
assembly, the chair of the senate finance committee, the chair of the
assembly ways and means committee, and the chairs of the senate and
assembly health committees.
(f) any projected Medicaid savings determined by the commissioner of
health pursuant to section 34 of part C of a chapter of the laws of
2014, relating to the implementation of the health and mental hygiene
budget, and the proposed allocation plan SPENDING ADJUSTMENT with regard
to such savings.
(g) any material impact to the global cap annual projection, along
with an explanation of the variance from the projection at the time of
the enacted budget. Such material impacts shall include, but not be
limited to, policy and programmatic changes, significant transactions,
and any actions taken, administrative or otherwise, which would mate-
rially impact expenditures under the global cap. Reporting requirements
under this paragraph shall include material impacts from the preceding
month and any anticipated material impacts for the month in which the
report required under this subdivision is issued, as well as anticipated
material impacts for the month subsequent to such report.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that the director of the budget may, in consultation with the
commissioner of health, delay the effective dates of paragraphs (b) and
(c) of subdivision 1 of section 92 of part H of chapter 59 of the laws
of 2011, as added by section one of this act for a period of time which
shall not exceed ninety days following the conclusion or termination of
an executive order issued pursuant to section 28 of the executive law
declaring a state disaster emergency for the entire state of New York,
upon such delay the director of the budget shall notify the chairs of
the assembly ways and means committee and senate finance committee and
the chairs of the assembly and senate health committees; provided
further, however, that the director of the budget shall notify the
legislative bill drafting commission upon the occurrence of a delay in
the effective date of this act 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.
PART DDD
Section 1. Subparagraph (B) of paragraph 15-a of subsection (i) of
section 3216 of the insurance law, as added by chapter 378 of the laws
of 1993 and such paragraph as renumbered by chapter 338 of the laws of
2003, is amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
S. 7506--B 343 A. 9506--B
with those established for other benefits within a given policy;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR COVERED PRESCRIPTION INSULIN DRUGS SHALL BE CAPPED
AT AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS PER THIRTY-DAY SUPPLY,
REGARDLESS OF THE AMOUNT OR TYPE OF INSULIN NEEDED TO FILL SUCH COVERED
PERSON'S PRESCRIPTION AND REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAY-
MENT, COINSURANCE OR ANY OTHER COST SHARING REQUIREMENT.
§ 2. Subparagraph (B) of paragraph 7 of subsection (k) of section 3221
of the insurance law, as amended by chapter 338 of the laws of 2003, is
amended to read as follows:
(B) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR COVERED PRESCRIPTION INSULIN DRUGS SHALL BE CAPPED
AT AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS PER THIRTY-DAY SUPPLY,
REGARDLESS OF THE AMOUNT OR TYPE OF INSULIN NEEDED TO FILL SUCH COVERED
PERSON'S PRESCRIPTION AND REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAY-
MENT, COINSURANCE OR ANY OTHER COST SHARING REQUIREMENT.
§ 3. Paragraph 2 of subsection (u) of section 4303 of the insurance
law, as amended by chapter 338 of the laws of 2003, is amended to read
as follows:
(2) Such coverage may be subject to annual deductibles and coinsurance
as may be deemed appropriate by the superintendent and as are consistent
with those established for other benefits within a given policy;
PROVIDED HOWEVER, THE TOTAL AMOUNT THAT A COVERED PERSON IS REQUIRED TO
PAY OUT OF POCKET FOR COVERED PRESCRIPTION INSULIN DRUGS SHALL BE CAPPED
AT AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS PER THIRTY-DAY SUPPLY,
REGARDLESS OF THE AMOUNT OR TYPE OF INSULIN NEEDED TO FILL SUCH COVERED
PERSON'S PRESCRIPTION AND REGARDLESS OF THE INSURED'S DEDUCTIBLE, COPAY-
MENT, COINSURANCE OR ANY OTHER COST SHARING REQUIREMENT.
§ 4. This act shall take effect immediately and shall apply to any
policy or contract issued or renewed on or after January 1, 2021.
PART EEE
Section 1. Section 527 of the public authorities law is amended by
adding a new subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, ON THE
EFFECTIVE DATE OF THIS SUBDIVISION THE TERM OF EACH BOARD MEMBER
CURRENTLY IN OFFICE, OR ANY VACANT POSITION, SHALL BE DEEMED EXPIRED,
AND EACH SUCH BOARD MEMBERS MAY CONTINUE TO SERVE IN HOLDOVER STATUS
UNTIL THEIR SUCCESSOR IS APPOINTED BY THE GOVERNOR AND WITH THE ADVICE
AND CONSENT OF THE SENATE AND THE PROVISIONS OF SECTION THIRTY-NINE OF
THE PUBLIC OFFICERS LAW RELATING TO RECESS APPOINTMENTS SHALL APPLY TO
SUCH APPOINTMENTS. INITIAL APPOINTMENTS MADE PURSUANT TO THIS SUBDIVI-
SION SHALL BE FOR THE FOLLOWING TERMS, THE FIRST THREE OF SUCH INITIAL
APPOINTMENTS SHALL BE FOR A TERM OF THREE YEARS, THE SECOND TWO OF SUCH
INITIAL APPOINTMENTS SHALL BE FOR A TERM OF FIVE YEARS, AND FINAL TWO OF
SUCH INITIAL APPOINTMENTS SHALL BE FOR A TERM OF SEVEN YEARS. AFTER
THESE INITIAL TERMS HAVE EXPIRED, BOARD MEMBERS SHALL BE APPOINTED FOR A
TERM OF FIVE YEARS, PROVIDED, HOWEVER, THAT EACH BOARD MEMBER MAY SERVE
IN HOLDOVER UNTIL A SUCCESSOR BOARD MEMBER IS APPOINTED. VACANCIES IN
THE OFFICE OF SUCH BOARD OCCURRING OTHERWISE THAN BY EXPIRATION OF TERM
ALSO SHALL BE FILLED BY THE GOVERNOR BY APPOINTMENT BY AND WITH THE
ADVICE AND CONSENT OF THE SENATE FOR THE UNEXPIRED TERM, AND THE
S. 7506--B 344 A. 9506--B
PROVISIONS OF SECTION THIRTY-NINE OF THE PUBLIC OFFICERS LAW RELATING TO
RECESS APPOINTMENTS SHALL APPLY TO SUCH BOARD.
§ 2. The New York State Bridge Authority and New York state thruway
authority shall be authorized to enter into a coordination agreement
which shall address the optimization of services to create efficiencies
between the two entities. The content of such agreement may include, but
is not limited to, equipment, office space, real property, services and
all other resources related to procurement, construction, engineering
services, legal services, administrative services, financial services,
information technology, and any other related subject area as determined
by the boards of the New York State Bridge Authority and New York state
thruway authority. Such agreement or any project undertaken pursuant to
such agreement shall not be deemed to impair the rights of bondholders
and may provide for, but not be limited to, the management, supervision
and direction of such employees' performance of such services. Further,
such agreement shall not amend, repeal or replace the terms of any
agreement that is collectively negotiated between an employer and an
employee organization, including an agreement or interest arbitration
award made pursuant to article 14 of the civil service law. Any employ-
ee or position that at the time of the effective date of this act shall
have been in a negotiating unit represented by an employee organization
which was certified or recognized pursuant to article 14 of the civil
service law shall remain in said bargaining unit and shall continue to
be represented by said employee organization. Any and all terms of an
existing collective bargaining agreement shall remain in full force and
effect. New employees shall be assigned to the appropriate bargaining
unit as they would have been assigned to were such title created prior
to the effective date of this act including employees serving in posi-
tions in newly created titles. There shall be no reduction of staff,
loss of position, including partial displacement, such as reduction in
the hours or non-overtime, wages, or employment benefits solely as a
result of the creation of this coordination agreement.
§ 3. This act shall take effect immediately.
PART FFF
Section 1. The Legislature hereby finds and declares that medical
assistance for needy persons is a matter of public concern and a neces-
sity in promoting the public health and welfare and for promoting the
state's goal of making available to everyone, regardless of race, age,
gender, national origin or economic standing, uniform, high-quality
medical care. As the department of health is the single state agency
responsible for supervising the administration of the state's medical
assistance program (Medicaid), it is tasked with ensuring efficiency,
economy, and quality of care in providing benefits to the state's needy
persons. To this end and with the fiscal constraints facing our state in
mind, the department of health continues to analyze the Medicaid program
in search of ways to ensure Medicaid spending is held to the standard of
efficiency, economy, and quality of care. In consideration of this stan-
dard, the department of health is hereby directed to exercise its exist-
ing administrative authority to remove the pharmacy benefit from managed
care benefit package and instead provide the pharmacy benefit under the
fee for service program, except where otherwise required by federal law,
to ensure transparency and that the benefit is provided to the fullest
extent and as efficiently as possible; provided, however, that the
department of health shall not implement the transition of the pharmacy
S. 7506--B 345 A. 9506--B
benefit from the managed care benefit package to the fee for service
program sooner than April 1, 2021, and until it is satisfied that all
necessary and appropriate transition planning has occurred, in its sole
discretion, and federal approvals have been obtained and preparations
have been made. Furthermore, to ensure an orderly transition, continued
access to medications, and appropriate patient education and support,
the department may establish uniform standards, payment policies and
reimbursement methodologies for any sites where drugs may be adminis-
tered or dispensed under the fee for service program; provided that,
subject to the availability of federal financial participation, when
reimbursing covered entities, as defined under section 340B of the
public health service act (42 U.S.C. §256b), for drugs that would other-
wise be eligible for pricing under section 340B of the public health
service act, the department shall examine all reasonably available meth-
ods for determining actual acquisition cost and the professional
dispensing fee and, beginning in the fiscal year starting April 1, 2021,
review and adjust reimbursement for such drugs such that no sooner than
April 1, 2023, reimbursement shall be determined based on a method that
the commissioner determines that utilizes the actual acquisition costs
and professional dispensing fee.
§ 1-a. The commissioner of health shall convene an advisory group
composed of stakeholder representatives determined in the commissioner's
sole discretion, for purposes of providing non-binding recommendations
to the department by October 1, 2020 on available methods of achieving
savings in the state fiscal years beginning on and after April 1, 2021,
with respect to reimbursement for drugs eligible for pricing those under
section 340B of the public health service act, and for which the depart-
ment has existing authority to take such action.
§ 2. Paragraphs (c) and (d) of subdivision 2 of section 280 of the
public health law, paragraph (c) as amended and paragraph (d) as added
by section 5 of part B of chapter 57 of the laws of 2019, are amended
and a new paragraph (e) is added to read as follows:
(c) for state fiscal year two thousand nineteen--two thousand twenty,
be limited to the ten-year rolling average of the medical component of
the consumer price index plus four percent and minus a pharmacy savings
target of eighty-five million dollars; [and]
(d) for state fiscal year two thousand twenty--two thousand twenty-
one, be limited to the ten-year rolling average of the medical component
of the consumer price index plus [four percent and minus a pharmacy
savings target of eighty-five million dollars.] TWO PERCENT; AND
(E) FOR STATE FISCAL YEAR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWEN-
TY-TWO AND FISCAL YEARS THEREAFTER, BE LIMITED IN ACCORDANCE WITH SUBDI-
VISION ONE OF SECTION NINETY-ONE OF PART H OF CHAPTER FIFTY-NINE OF THE
LAWS OF TWO THOUSAND ELEVEN, AS AMENDED.
§ 3. This act shall take effect immediately; provided, however, that
the director of the budget may, in consultation with the commissioner of
health, delay the effective dates prescribed herein for a period of time
which shall not exceed ninety days following the conclusion or termi-
nation of an executive order issued pursuant to section 28 of the execu-
tive law declaring a state disaster emergency for the entire state of
New York, upon such delay the director of the budget shall notify the
chairs of the assembly ways and means committee and senate finance
committee and the chairs of the assembly and senate health committee;
provided further, however, that the director of the budget shall notify
the legislative bill drafting commission upon the occurrence of a delay
in the effective date of this act in order that the commission may main-
S. 7506--B 346 A. 9506--B
tain 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.
PART GGG
Section 1. The public health law is amended by adding a new article
30-D to read as follows:
ARTICLE 30-D
EMERGENCY OR DISASTER TREATMENT PROTECTION ACT
SECTION 3080. DECLARATION OF PURPOSE.
3081. DEFINITIONS.
3082. LIMITATION OF LIABILITY.
§ 3080. DECLARATION OF PURPOSE. A PUBLIC HEALTH EMERGENCY THAT OCCURS
ON A STATEWIDE BASIS REQUIRES AN ENORMOUS RESPONSE FROM STATE AND FEDER-
AL AND LOCAL GOVERNMENTS WORKING IN CONCERT WITH PRIVATE AND PUBLIC
HEALTH CARE PROVIDERS IN THE COMMUNITY. THE FURNISHING OF TREATMENT OF
PATIENTS DURING SUCH A PUBLIC HEALTH EMERGENCY IS A MATTER OF VITAL
STATE CONCERN AFFECTING THE PUBLIC HEALTH, SAFETY AND WELFARE OF ALL
CITIZENS. IT IS THE PURPOSE OF THIS ARTICLE TO PROMOTE THE PUBLIC
HEALTH, SAFETY AND WELFARE OF ALL CITIZENS BY BROADLY PROTECTING THE
HEALTH CARE FACILITIES AND HEALTH CARE PROFESSIONALS IN THIS STATE FROM
LIABILITY THAT MAY RESULT FROM TREATMENT OF INDIVIDUALS WITH COVID-19
UNDER CONDITIONS RESULTING FROM CIRCUMSTANCES ASSOCIATED WITH THE PUBLIC
HEALTH EMERGENCY.
§ 3081. DEFINITIONS. AS USED IN THIS ARTICLE:
1. THE TERM "HARM" INCLUDES PHYSICAL AND NONPHYSICAL CONTACT THAT
RESULTS IN INJURY TO OR DEATH OF AN INDIVIDUAL.
2. THE TERM "DAMAGES" MEANS ECONOMIC OR NON-ECONOMIC LOSSES FOR HARM
TO AN INDIVIDUAL.
3. THE TERM "HEALTH CARE FACILITY" MEANS A HOSPITAL, NURSING HOME, OR
OTHER FACILITY LICENSED OR AUTHORIZED TO PROVIDE HEALTH CARE SERVICES
FOR ANY INDIVIDUAL UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, ARTICLE
SIXTEEN AND ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW OR UNDER A
COVID-19 EMERGENCY RULE.
4. THE TERM "HEALTH CARE PROFESSIONAL" MEANS AN INDIVIDUAL, WHETHER
ACTING AS AN AGENT, VOLUNTEER, CONTRACTOR, EMPLOYEE, OR OTHERWISE, WHO
IS:
(A) LICENSED OR OTHERWISE AUTHORIZED UNDER TITLE EIGHT, ARTICLE ONE
HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-ONE-C,
ONE HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY,
ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED SIXTY-
THREE, ONE HUNDRED SIXTY-FOUR OR ONE HUNDRED SIXTY-FIVE OF THE EDUCATION
LAW;
(B) A NURSING ATTENDANT OR CERTIFIED NURSE AIDE, INCLUDING AN INDIVID-
UAL WHO IS PROVIDING CARE AS PART OF AN APPROVED NURSING ATTENDANT OR
CERTIFIED NURSE AIDE TRAINING PROGRAM;
(C) LICENSED OR CERTIFIED UNDER ARTICLE THIRTY OF THIS CHAPTER TO
PROVIDE EMERGENCY MEDICAL SERVICES;
(D) A HOME CARE SERVICES WORKER AS DEFINED IN SECTION THIRTY-SIX
HUNDRED THIRTEEN OF THIS CHAPTER;
(E) PROVIDING HEALTH CARE SERVICES WITHIN THE SCOPE OF AUTHORITY
PERMITTED BY A COVID-19 EMERGENCY RULE; OR
(F) A HEALTH CARE FACILITY ADMINISTRATOR, EXECUTIVE, SUPERVISOR, BOARD
MEMBER, TRUSTEE OR OTHER PERSON RESPONSIBLE FOR DIRECTING, SUPERVISING
S. 7506--B 347 A. 9506--B
OR MANAGING A HEALTH CARE FACILITY AND ITS PERSONNEL OR OTHER INDIVIDUAL
IN A COMPARABLE ROLE.
5. THE TERM "HEALTH CARE SERVICES" MEANS SERVICES PROVIDED BY A HEALTH
CARE FACILITY OR A HEALTH CARE PROFESSIONAL, REGARDLESS OF THE LOCATION
WHERE THOSE SERVICES ARE PROVIDED, THAT RELATE TO:
(A) THE DIAGNOSIS, PREVENTION, OR TREATMENT OF COVID-19;
(B) THE ASSESSMENT OR CARE OF AN INDIVIDUAL WITH A CONFIRMED OR
SUSPECTED CASE OF COVID-19; OR
(C) THE CARE OF ANY OTHER INDIVIDUAL WHO PRESENTS AT A HEALTH CARE
FACILITY OR TO A HEALTH CARE PROFESSIONAL DURING THE PERIOD OF THE
COVID-19 EMERGENCY DECLARATION.
6. THE TERM "VOLUNTEER ORGANIZATION" MEANS ANY ORGANIZATION, COMPANY
OR INSTITUTION THAT HAS MADE ITS FACILITY OR FACILITIES AVAILABLE TO
SUPPORT THE STATE'S RESPONSE AND ACTIVITIES UNDER THE COVID-19 EMERGENCY
DECLARATION AND IN ACCORDANCE WITH ANY APPLICABLE COVID-19 EMERGENCY
RULE.
7. THE TERM "COVID-19 EMERGENCY DECLARATION" MEANS THE STATE DISASTER
EMERGENCY DECLARED FOR THE ENTIRE STATE BY EXECUTIVE ORDER NUMBER TWO
HUNDRED TWO AND ANY FURTHER AMENDMENTS OR MODIFICATIONS, AND AS MAY BE
FURTHER EXTENDED PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE LAW.
8. THE TERM "COVID-19 EMERGENCY RULE" MEANS ANY EXECUTIVE ORDER,
DECLARATION, DIRECTIVE OR OTHER STATE OR FEDERAL AUTHORIZATION, POLICY
STATEMENT, RULE-MAKING, OR REGULATION THAT WAIVES, SUSPENDS, OR MODIFIES
OTHERWISE APPLICABLE STATE OR FEDERAL LAW REGARDING SCOPE OF PRACTICE,
SUCH AS MODIFICATIONS AUTHORIZING PHYSICIANS LICENSED IN ANOTHER STATE
TO PRACTICE IN THE STATE OF NEW YORK, OR THE DELIVERY OF CARE, INCLUDING
THOSE REGARDING THE FACILITY SPACE IN WHICH CARE IS DELIVERED AND THE
EQUIPMENT USED TO DELIVER CARE, DURING THE COVID-19 EMERGENCY DECLARA-
TION.
§ 3082. LIMITATION OF LIABILITY. 1. NOTWITHSTANDING ANY LAW TO THE
CONTRARY, EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ANY
HEALTH CARE FACILITY OR HEALTH CARE PROFESSIONAL SHALL HAVE IMMUNITY
FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR ANY HARM OR DAMAGES ALLEGED
TO HAVE BEEN SUSTAINED AS A RESULT OF AN ACT OR OMISSION IN THE COURSE
OF ARRANGING FOR OR PROVIDING HEALTH CARE SERVICES, IF:
(A) THE HEALTH CARE FACILITY OR HEALTH CARE PROFESSIONAL IS ARRANGING
FOR OR PROVIDING HEALTH CARE SERVICES PURSUANT TO A COVID-19 EMERGENCY
RULE OR OTHERWISE IN ACCORDANCE WITH APPLICABLE LAW;
(B) THE ACT OR OMISSION OCCURS IN THE COURSE OF ARRANGING FOR OR
PROVIDING HEALTH CARE SERVICES AND THE TREATMENT OF THE INDIVIDUAL IS
IMPACTED BY THE HEALTH CARE FACILITY'S OR HEALTH CARE PROFESSIONAL'S
DECISIONS OR ACTIVITIES IN RESPONSE TO OR AS A RESULT OF THE COVID-19
OUTBREAK AND IN SUPPORT OF THE STATE'S DIRECTIVES; AND
(C) THE HEALTH CARE FACILITY OR HEALTH CARE PROFESSIONAL IS ARRANGING
FOR OR PROVIDING HEALTH CARE SERVICES IN GOOD FAITH.
2. THE IMMUNITY PROVIDED BY SUBDIVISION ONE OF THIS SECTION SHALL NOT
APPLY IF THE HARM OR DAMAGES WERE CAUSED BY AN ACT OR OMISSION CONSTI-
TUTING WILLFUL OR INTENTIONAL CRIMINAL MISCONDUCT, GROSS NEGLIGENCE,
RECKLESS MISCONDUCT, OR INTENTIONAL INFLICTION OF HARM BY THE HEALTH
CARE FACILITY OR HEALTH CARE PROFESSIONAL PROVIDING HEALTH CARE
SERVICES, PROVIDED, HOWEVER, THAT ACTS, OMISSIONS OR DECISIONS RESULTING
FROM A RESOURCE OR STAFFING SHORTAGE SHALL NOT BE CONSIDERED TO BE WILL-
FUL OR INTENTIONAL CRIMINAL MISCONDUCT, GROSS NEGLIGENCE, RECKLESS
MISCONDUCT, OR INTENTIONAL INFLICTION OF HARM.
3. NOTWITHSTANDING ANY LAW TO THE CONTRARY, A VOLUNTEER ORGANIZATION
SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR ANY HARM
S. 7506--B 348 A. 9506--B
OR DAMAGES IRRESPECTIVE OF THE CAUSE OF SUCH HARM OR DAMAGE OCCURRING IN
OR AT ITS FACILITY OR FACILITIES ARISING FROM THE STATE'S RESPONSE AND
ACTIVITIES UNDER THE COVID-19 EMERGENCY DECLARATION AND IN ACCORDANCE
WITH ANY APPLICABLE COVID-19 EMERGENCY RULE, UNLESS IT IS ESTABLISHED
THAT SUCH HARM OR DAMAGES WERE CAUSED BY THE WILLFUL OR INTENTIONAL
CRIMINAL MISCONDUCT, GROSS NEGLIGENCE, RECKLESS MISCONDUCT, OR INTEN-
TIONAL INFLICTION OF HARM BY THE VOLUNTEER ORGANIZATION.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on or after March 7, 2020 and shall
apply to a claim for harm or damages only if the act or omission that
caused such harm or damage occurred on or after the date of the COVID-19
emergency declaration and on or prior to the expiration date of such
declaration; provided, however, this act shall not apply to any act or
omission after the expiration of the COVID-19 emergency declaration.
PART HHH
Section 1. Paragraph (a) of subdivision 1 of section 245.10 of the
criminal procedure law, as added by section 2 of part LLL of chapter 59
of the laws of 2019, is amended to read as follows:
(a) [The] SUBJECT TO SUBPARAGRAPH (IV) OF THIS PARAGRAPH, THE prose-
cution shall perform its initial discovery obligations under subdivision
one of section 245.20 of this article as soon as practicable but not
later than [fifteen calendar days after the defendant's arraignment on
an indictment, superior court information, prosecutor's information,
information, simplified information, misdemeanor complaint or felony
complaint] THE TIME PERIODS SPECIFIED IN SUBPARAGRAPHS (I) AND (II) OF
THIS PARAGRAPH, AS APPLICABLE. Portions of materials claimed to be non-
discoverable may be withheld pending a determination and ruling of the
court under section 245.70 of this article; but the defendant shall be
notified in writing that information has not been disclosed under a
particular subdivision of such section, and the discoverable portions of
such materials shall be disclosed to the extent practicable. When the
discoverable materials, INCLUDING VIDEO FOOTAGE FROM BODY-WORN CAMERAS,
SURVEILLANCE CAMERAS, OR DASHBOARD CAMERAS, are exceptionally voluminous
or, despite diligent, good faith efforts, are otherwise not in the actu-
al possession of the prosecution, the time period in this paragraph may
be stayed by up to an additional thirty calendar days without need for a
motion pursuant to subdivision two of section 245.70 of this article.
(I) WHEN A DEFENDANT IS IN CUSTODY DURING THE PENDENCY OF THE CRIMINAL
CASE, THE PROSECUTION SHALL PERFORM ITS INITIAL DISCOVERY OBLIGATIONS
WITHIN TWENTY CALENDAR DAYS AFTER THE DEFENDANT'S ARRAIGNMENT ON AN
INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMATION, INFOR-
MATION, SIMPLIFIED INFORMATION, MISDEMEANOR COMPLAINT OR FELONY
COMPLAINT.
(II) WHEN THE DEFENDANT IS NOT IN CUSTODY DURING THE PENDENCY OF THE
CRIMINAL CASE, THE PROSECUTION SHALL PERFORM ITS INITIAL DISCOVERY OBLI-
GATIONS WITHIN THIRTY-FIVE CALENDAR DAYS AFTER THE DEFENDANT'S ARRAIGN-
MENT ON AN INDICTMENT, SUPERIOR COURT INFORMATION, PROSECUTOR'S INFORMA-
TION, INFORMATION, SIMPLIFIED INFORMATION, MISDEMEANOR COMPLAINT OR
FELONY COMPLAINT.
(III) NOTWITHSTANDING THE TIMELINES CONTAINED IN THE OPENING PARAGRAPH
OF THIS PARAGRAPH, THE PROSECUTOR'S DISCOVERY OBLIGATION UNDER SUBDIVI-
SION ONE OF SECTION 245.20 OF THIS ARTICLE SHALL BE PERFORMED AS SOON AS
PRACTICABLE, BUT NOT LATER THAN FIFTEEN DAYS BEFORE THE TRIAL OF A
SIMPLIFIED INFORMATION CHARGING A TRAFFIC INFRACTION UNDER THE VEHICLE
S. 7506--B 349 A. 9506--B
AND TRAFFIC LAW, OR BY AN INFORMATION CHARGING ONE OR MORE PETTY
OFFENSES AS DEFINED BY THE MUNICIPAL CODE OF A VILLAGE, TOWN, CITY, OR
COUNTY, THAT DO NOT CARRY A STATUTORILY AUTHORIZED SENTENCE OF IMPRISON-
MENT, AND WHERE THE DEFENDANT STANDS CHARGED BEFORE THE COURT WITH NO
CRIME OR OFFENSE, PROVIDED HOWEVER THAT NOTHING IN THIS SUBPARAGRAPH
SHALL PREVENT A DEFENDANT FROM FILING A MOTION FOR DISCLOSURE OF SUCH
ITEMS AND INFORMATION UNDER SUBDIVISION ONE OF SUCH SECTION 245.20 OF
THIS ARTICLE AT AN EARLIER DATE.
(IV)(A) PORTIONS OF MATERIALS CLAIMED TO BE NON-DISCOVERABLE MAY BE
WITHHELD PENDING A DETERMINATION AND RULING OF THE COURT UNDER SECTION
245.70 OF THIS ARTICLE; BUT THE DEFENDANT SHALL BE NOTIFIED IN WRITING
THAT INFORMATION HAS NOT BEEN DISCLOSED UNDER A PARTICULAR SUBDIVISION
OF SUCH SECTION, AND THE DISCOVERABLE PORTIONS OF SUCH MATERIALS SHALL
BE DISCLOSED TO THE EXTENT PRACTICABLE. INFORMATION RELATED TO OR
EVIDENCING THE IDENTITY OF A 911 CALLER, THE VICTIM OR WITNESS OF AN
OFFENSE DEFINED UNDER ARTICLE ONE HUNDRED THIRTY OR SECTIONS 230.34 AND
230.34-A OF THE PENAL LAW, OR ANY OTHER VICTIM OR WITNESS OF A CRIME
WHERE THE DEFENDANT HAS SUBSTANTIATED AFFILIATION WITH A CRIMINAL ENTER-
PRISE AS DEFINED IN SUBDIVISION THREE OF SECTION 460.10 OF THE PENAL LAW
MAY BE WITHHELD, PROVIDED, HOWEVER, THE DEFENDANT MAY MOVE THE COURT FOR
DISCLOSURE.
(B) WHEN THE DISCOVERABLE MATERIALS ARE EXCEPTIONALLY VOLUMINOUS OR,
DESPITE DILIGENT, GOOD FAITH EFFORTS, ARE OTHERWISE NOT IN THE ACTUAL
POSSESSION OF THE PROSECUTION, THE TIME PERIOD IN THIS PARAGRAPH MAY BE
EXTENDED PURSUANT TO A MOTION PURSUANT TO SUBDIVISION TWO OF SECTION
245.70 OF THIS ARTICLE. FOR PURPOSES OF THIS ARTICLE, VOLUMINOUS MATE-
RIALS MAY INCLUDE, BUT ARE NOT LIMITED TO, VIDEO FOOTAGE FROM BODY WORN
CAMERAS, SURVEILLANCE CAMERAS OR DASHBOARD CAMERAS.
§ 2. Paragraphs (c), (f), (g) and (j) of subdivision 1 of section
245.20 of the criminal procedure law, as added by section 2 of part LLL
of chapter 59 of the laws of 2019, are amended to read as follows:
(c) The names and adequate contact information for all persons other
than law enforcement personnel whom the prosecutor knows to have
evidence or information relevant to any offense charged or to any poten-
tial defense thereto, including a designation by the prosecutor as to
which of those persons may be called as witnesses. Nothing in this para-
graph shall require the disclosure of physical addresses; provided,
however, upon a motion and good cause shown the court may direct the
disclosure of a physical address. Information under this subdivision
relating to THE IDENTITY OF A 911 CALLER, THE VICTIM OR WITNESS OF AN
OFFENSE DEFINED UNDER ARTICLE ONE HUNDRED THIRTY OR SECTION 230.34 OR
230.34-A OF THE PENAL LAW, ANY OTHER VICTIM OR WITNESS OF A CRIME WHERE
THE DEFENDANT HAS SUBSTANTIATED AFFILIATION WITH A CRIMINAL ENTERPRISE
AS DEFINED IN SUBDIVISION THREE OF SECTION 460.10 OF THE PENAL LAW, OR a
confidential informant may be withheld, and redacted from discovery
materials, without need for a motion pursuant to section 245.70 of this
article; but the prosecution shall notify the defendant in writing that
such information has not been disclosed, unless the court rules other-
wise for good cause shown.
(f) Expert opinion evidence, including the name, business address,
current curriculum vitae, a list of publications, and [all] A LIST OF
proficiency tests and results administered or taken within the past ten
years of each expert witness whom the prosecutor intends to call as a
witness at trial or a pre-trial hearing, and all reports prepared by the
expert that pertain to the case, or if no report is prepared, a written
statement of the facts and opinions to which the expert is expected to
S. 7506--B 350 A. 9506--B
testify and a summary of the grounds for each opinion. This paragraph
does not alter or in any way affect the procedures, obligations or
rights set forth in section 250.10 of this title. If in the exercise of
reasonable diligence this information is unavailable for disclosure
within the time period specified in subdivision one of section 245.10 of
this article, that period shall be stayed without need for a motion
pursuant to subdivision two of section 245.70 of this article; except
that the prosecution shall notify the defendant in writing that such
information has not been disclosed, and such disclosure shall be made as
soon as practicable and not later than sixty calendar days before the
first scheduled trial date, unless an order is obtained pursuant to
section 245.70 of this article. When the prosecution's expert witness is
being called in response to disclosure of an expert witness by the
defendant, the court shall alter a scheduled trial date, if necessary,
to allow the prosecution thirty calendar days to make the disclosure and
the defendant thirty calendar days to prepare and respond to the new
materials.
(g) All tapes or other electronic recordings, including all electronic
recordings of 911 telephone calls made or received in connection with
the alleged criminal incident, and a designation by the prosecutor as to
which of the recordings under this paragraph the prosecution intends to
introduce at trial or a pre-trial hearing. If the discoverable materials
under this paragraph exceed ten hours in total length, the prosecution
may disclose only the recordings that it intends to introduce at trial
or a pre-trial hearing, along with a list of the source and approximate
quantity of other recordings and their general subject matter if known,
and the defendant shall have the right upon request to obtain recordings
not previously disclosed. The prosecution shall disclose the requested
materials as soon as practicable and not less than fifteen calendar days
after the defendant's request, unless an order is obtained pursuant to
section 245.70 of this article. THE PROSECUTION MAY WITHHOLD THE NAMES
AND IDENTIFYING INFORMATION OF ANY PERSON WHO CONTACTED 911 WITHOUT THE
NEED FOR A PROTECTIVE ORDER PURSUANT TO SECTION 245.70 OF THIS ARTICLE,
PROVIDED, HOWEVER, THE DEFENDANT MAY MOVE THE COURT FOR DISCLOSURE. IF
THE PROSECUTION INTENDS TO CALL SUCH PERSON AS A WITNESS AT A TRIAL OR
HEARING, THE PROSECUTION MUST DISCLOSE THE NAME AND CONTACT INFORMATION
OF SUCH WITNESS NO LATER THAN FIFTEEN DAYS BEFORE SUCH TRIAL OR HEARING,
OR AS SOON AS PRACTICABLE.
(j) All reports, documents, records, data, calculations or writings,
including but not limited to preliminary tests and screening results and
bench notes and analyses performed or stored electronically, concerning
physical or mental examinations, or scientific tests or experiments or
comparisons, relating to the criminal action or proceeding which were
made by or at the request or direction of a public servant engaged in
law enforcement activity, or which were made by a person whom the prose-
cutor intends to call as a witness at trial or a pre-trial hearing, or
which the prosecution intends to introduce at trial or a pre-trial hear-
ing. Information under this paragraph also includes, but is not limited
to, laboratory information management system records relating to such
materials, any preliminary or final findings of non-conformance with
accreditation, industry or governmental standards or laboratory proto-
cols, and any conflicting analyses or results by laboratory personnel
regardless of the laboratory's final analysis or results. If the prose-
cution submitted one or more items for testing to, or received results
from, a forensic science laboratory or similar entity not under the
prosecution's direction or control, the court on motion of a party shall
S. 7506--B 351 A. 9506--B
issue subpoenas or orders to such laboratory or entity to cause materi-
als under this paragraph to be made available for disclosure. THE PROSE-
CUTION SHALL NOT BE REQUIRED TO PROVIDE INFORMATION RELATED TO THE
RESULTS OF PHYSICAL OR MENTAL EXAMINATIONS, OR SCIENTIFIC TESTS OR
EXPERIMENTS OR COMPARISONS, UNLESS AND UNTIL SUCH EXAMINATIONS, TESTS,
EXPERIMENTS, OR COMPARISONS HAVE BEEN COMPLETED.
§ 3. Subdivisions 1 and 3 of section 245.70 of the criminal procedure
law, as added by section 2 of part LLL of chapter 59 of the laws of
2019, are amended to read as follows:
1. Any discovery subject to protective order. Upon a showing of good
cause by either party, the court may at any time order that discovery or
inspection of any kind of material or information under this article be
denied, restricted, conditioned or deferred, or make such other order as
is appropriate, INCLUDING, FOR 911 CALLS, ALLOWING THE DISCLOSURE OF A
TRANSCRIPT OF AN AUDIO RECORDING IN LIEU OF THE RECORDING. The court may
impose as a condition on discovery to a defendant that the material or
information to be discovered be available only to counsel for the
defendant; or, alternatively, that counsel for the defendant, and
persons employed by the attorney or appointed by the court to assist in
the preparation of a defendant's case, may not disclose physical copies
of the discoverable documents to a defendant or to anyone else, provided
that the prosecution affords the defendant access to inspect redacted
copies of the discoverable documents at a supervised location that
provides regular and reasonable hours for such access, such as a
prosecutor's office, police station, facility of detention, or court.
Should the court impose as a condition that some material or information
be available only to counsel for the defendant, the court shall inform
the defendant on the record that his or her attorney is not permitted by
law to disclose such material or information to the defendant. The court
may permit a party seeking or opposing a protective order under this
section, or another affected person, to submit papers or testify on the
record ex parte or in camera. Any such papers and a transcript of such
testimony may be sealed and shall constitute a part of the record on
appeal. This section does not alter the allocation of the burden of
proof with regard to matters at issue, including privilege.
3. Prompt hearing. Upon request for a protective order, unless the
defendant voluntarily consents to the people's request for a protective
order, the court shall conduct an appropriate hearing within three busi-
ness days to determine whether good cause has been shown and when prac-
ticable shall render a decision expeditiously. Any materials submitted
and a transcript of the proceeding may be sealed and shall constitute a
part of the record on appeal. WHEN THE DEFENDANT IS CHARGED WITH A
VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW, OR
ANY CLASS A FELONY OTHER THAN THOSE DEFINED IN ARTICLE TWO HUNDRED TWEN-
TY OF THE PENAL LAW, THE COURT MAY, AT THE PROSECUTOR'S REQUEST, FOR
GOOD CAUSE SHOWN, CONDUCT SUCH HEARING IN CAMERA AND OUTSIDE THE PRES-
ENCE OF THE DEFENDANT, PROVIDED HOWEVER THAT THIS SHALL NOT AFFECT THE
RIGHTS OF THE COURT TO RECEIVE TESTIMONY OR PAPERS EX-PARTE OR IN CAMERA
AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
§ 4. Section 216 of the judiciary law is amended by adding a new
subdivision 5 to read as follows:
5. THE CHIEF ADMINISTRATOR OF THE COURTS, IN CONJUNCTION WITH THE
DIVISION OF CRIMINAL JUSTICE SERVICES, SHALL COLLECT DATA AND REPORT
ANNUALLY REGARDING THE IMPACT OF ARTICLE TWO HUNDRED FORTY-FIVE OF THE
CRIMINAL PROCEDURE LAW. SUCH DATA AND REPORT SHALL CONTAIN INFORMATION
REGARDING THE IMPLEMENTATION OF ARTICLE TWO HUNDRED FORTY-FIVE OF THE
S. 7506--B 352 A. 9506--B
CRIMINAL PROCEDURE LAW, INCLUDING PROCEDURES USED TO IMPLEMENT THE ARTI-
CLE, RESOURCES NEEDED FOR IMPLEMENTATION, INFORMATION REGARDING CASES
WHERE DISCOVERY OBLIGATIONS ARE NOT MET, AND INFORMATION REGARDING CASE
OUTCOMES. THE REPORT SHALL BE RELEASED PUBLICLY AND PUBLISHED ON THE
WEBSITES OF THE OFFICE OF COURT ADMINISTRATION AND THE DIVISION OF CRIM-
INAL JUSTICE SERVICES. THE FIRST REPORT SHALL BE PUBLISHED EIGHTEEN
MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, AND SHALL INCLUDE DATA
FROM THE FIRST TWELVE MONTHS FOLLOWING THE ENACTMENT OF THIS SECTION.
REPORTS FOR SUBSEQUENT YEARS SHALL PUBLISHED ANNUALLY THEREAFTER.
§ 5. Section 245.75 of the criminal procedure law, as added by section
2 of part LLL of chapter 59 of the laws of 2019, is amended to read as
follows:
§ 245.75 Waiver of discovery by defendant.
1. A defendant who does not seek discovery from the prosecution under
this article shall so notify the prosecution and the court at the
defendant's arraignment on an indictment, superior court information,
prosecutor's information, information, or simplified information, or
expeditiously thereafter but before receiving discovery from the prose-
cution pursuant to subdivision one of section 245.20 of this article,
and the defendant need not provide discovery to the prosecution pursuant
to subdivision four of section 245.20 and section 245.60 of this arti-
cle. A waiver shall be in writing, signed for the individual case by THE
counsel for the defendant and filed with the court. THE COURT SHALL
INQUIRE OF THE DEFENDANT ON THE RECORD TO ENSURE THAT THE DEFENDANT
UNDERSTANDS HIS OR HER RIGHT TO DISCOVERY AND RIGHT TO WAIVE DISCOVERY.
Such a waiver does not alter or in any way affect the procedures, obli-
gations or rights set forth in sections 250.10, 250.20 and 250.30 of
this title, or otherwise established or required by law. The prosecution
may not condition a guilty plea offer on the defense's execution of a
waiver under this section. COUNSEL FOR THE DEFENDANT MAY ADVISE HIS OR
HER CLIENT ABOUT THE DEFENDANT'S RIGHT TO DISCOVERY AND RIGHT TO WAIVE
DISCOVERY; SUCH ADVICE SHALL NOT CONSTITUTE A CONDITION OF A GUILTY
PLEA.
2. NOTHING IN THIS SECTION SHALL PREVENT THE WAIVER OF DISCOVERY FROM
BEING A CONDITION OF THE REPLEADER, WHERE THE DEFENDANT'S ORIGINAL
CONVICTION IS VACATED ON AGREEMENT BETWEEN THE PARTIES PURSUANT TO
SECTION 440.10 OF THIS PART.
§ 6. Subdivision 2 of section 245.25 of the criminal procedure law, as
added by section 2 of part LLL of chapter 59 of the laws of 2019, is
amended and a new subdivision 3 is added to read as follows:
2. Other guilty pleas. Upon an indictment, superior court information,
prosecutor's information, information, simplified information, or misde-
meanor complaint, where the prosecution has made a guilty plea offer
requiring a plea to a crime, the prosecutor must disclose to the
defense, and permit the defense to discover, inspect, copy, photograph
and test, all items and information that would be discoverable prior to
trial under subdivision one of section 245.20 of this article and are
within the possession, custody or control of the prosecution. The prose-
cution shall disclose the discoverable items and information not less
than seven calendar days prior to the expiration date of any guilty plea
offer by the prosecution or any deadline imposed by the court for
acceptance of the guilty plea offer. If the prosecution does not comply
with the requirements of this subdivision, then, on a defendant's motion
alleging a violation of this subdivision, the court must consider the
impact of any violation on the defendant's decision to accept or reject
a plea offer. If the court finds that such violation materially affected
S. 7506--B 353 A. 9506--B
the defendant's decision, and if the prosecution declines to reinstate
the lapsed or withdrawn plea offer, the court - as a presumptive minimum
sanction - must preclude the admission at trial of any evidence not
disclosed as required under this subdivision. The court may take other
appropriate action as necessary to address the non-compliance. The
rights under this subdivision do not apply to items or information that
are the subject of a protective order under section 245.70 of this arti-
cle; but if such information tends to be exculpatory, the court shall
reconsider the protective order. A defendant may waive his or her rights
under this subdivision; but a guilty plea offer may not be conditioned
on such waiver. NOTWITHSTANDING THE TIMELINES CONTAINED IN THE OPENING
PARAGRAPH OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 245.10 OF THIS
ARTICLE, THE PROSECUTOR'S DISCOVERY OBLIGATION UNDER SUBDIVISION ONE OF
SECTION 245.20 OF THIS ARTICLE SHALL BE PERFORMED AS SOON AS PRACTICA-
BLE, BUT NOT LATER THAN FIFTEEN DAYS BEFORE THE TRIAL OF A SIMPLIFIED
INFORMATION CHARGING A TRAFFIC INFRACTION UNDER THE VEHICLE AND TRAFFIC
LAW, OR BY AN INFORMATION CHARGING ONE OR MORE PETTY OFFENSES AS DEFINED
BY THE MUNICIPAL CODE OF A VILLAGE, TOWN, CITY, OR COUNTY, THAT DO NOT
CARRY A STATUTORILY AUTHORIZED SENTENCE OF IMPRISONMENT, AND WHERE THE
DEFENDANT STANDS CHARGED BEFORE THE COURT WITH NO CRIME OR OFFENSE,
PROVIDED HOWEVER THAT NOTHING IN THIS SUBDIVISION SHALL PREVENT A
DEFENDANT FROM FILING A MOTION FOR DISCLOSURE OF SUCH ITEMS AND INFORMA-
TION UNDER SUBDIVISION ONE OF SUCH SECTION 245.20 OF THIS ARTICLE AT AN
EARLIER DATE.
3. REPLEADER. NOTHING IN THIS SECTION SHALL PREVENT THE WAIVER OF
DISCOVERY FROM BEING A CONDITION OF A REPLEADER, WHERE THE DEFENDANT'S
ORIGINAL CONVICTION IS VACATED ON AGREEMENT BETWEEN THE PARTIES PURSUANT
TO SECTION 440.10 OF THIS PART.
§ 7. Section 245.50 of the criminal procedure law, as added by section
2 of part LLL of chapter 59 of the laws of 2019, is amended to read as
follows:
§ 245.50 Certificates of compliance; readiness for trial.
1. By the prosecution. When the prosecution has provided the discovery
required by subdivision one of section 245.20 of this article, EXCEPT
FOR DISCOVERY THAT IS LOST OR DESTROYED AS PROVIDED BY PARAGRAPH (B) OF
SUBDIVISION ONE OF SECTION 245.80 OF THIS ARTICLE AND except for any
items or information that are the subject of an order pursuant to
section 245.70 of this article, it shall serve upon the defendant and
file with the court a certificate of compliance. The certificate of
compliance shall state that, after exercising due diligence and making
reasonable inquiries to ascertain the existence of material and informa-
tion subject to discovery, the prosecutor has disclosed and made avail-
able all known material and information subject to discovery. It shall
also identify the items provided. If additional discovery is subsequent-
ly provided prior to trial pursuant to section 245.60 of this article, a
supplemental certificate shall be served upon the defendant and filed
with the court identifying the additional material and information
provided. No adverse consequence to the prosecution or the prosecutor
shall result from the filing of a certificate of compliance in good
faith AND REASONABLE UNDER THE CIRCUMSTANCES; but the court may grant a
remedy or sanction for a discovery violation as provided in section
245.80 of this article.
2. By the defendant. When the defendant has provided all discovery
required by subdivision four of section 245.20 of this article, except
for any items or information that are the subject of an order pursuant
to section 245.70 of this article, counsel for the defendant shall serve
S. 7506--B 354 A. 9506--B
upon the prosecution and file with the court a certificate of compli-
ance. The certificate shall state that, after exercising due diligence
and making reasonable inquiries to ascertain the existence of material
and information subject to discovery, counsel for the defendant has
disclosed and made available all known material and information subject
to discovery. It shall also identify the items provided. If additional
discovery is subsequently provided prior to trial pursuant to section
245.60 of this article, a supplemental certificate shall be served upon
the prosecution and filed with the court identifying the additional
material and information provided. No adverse consequence to the defend-
ant or counsel for the defendant shall result from the filing of a
certificate of compliance in good faith; but the court may grant a reme-
dy or sanction for a discovery violation as provided in section 245.80
of this article.
3. Trial readiness. Notwithstanding the provisions of any other law,
absent an individualized finding of [exceptional] SPECIAL circumstances
IN THE INSTANT CASE by the court before which the charge is pending, the
prosecution shall not be deemed ready for trial for purposes of section
30.30 of this chapter until it has filed a proper certificate pursuant
to subdivision one of this section. A COURT MAY DEEM THE PROSECUTION
READY FOR TRIAL PURSUANT TO SECTION 30.30 OF THIS CHAPTER WHERE INFORMA-
TION THAT MIGHT BE CONSIDERED DISCOVERABLE UNDER THIS ARTICLE CANNOT BE
DISCLOSED BECAUSE IT HAS BEEN LOST, DESTROYED, OR OTHERWISE UNAVAILABLE
AS PROVIDED BY PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 245.80 OF
THIS ARTICLE, DESPITE DILIGENT AND GOOD FAITH EFFORTS, REASONABLE UNDER
THE CIRCUMSTANCES. PROVIDED, HOWEVER, THAT THE COURT MAY GRANT A REMEDY
OR SANCTION FOR A DISCOVERY VIOLATION AS PROVIDED BY SECTION 245.80 OF
THIS ARTICLE.
4. CHALLENGES TO, OR QUESTIONS RELATED TO A CERTIFICATE OF COMPLIANCE
SHALL BE ADDRESSED BY MOTION.
§ 8. This act shall take effect on the thirtieth day after it shall
have become a law.
PART III
Section 1. Paragraph a of section 11.00 of the local finance law is
amended by adding a new subdivision 14-b to read as follows:
14-B. AIRPORT CONSTRUCTION AND IMPROVEMENT OF THE ITHACA TOMPKINS
INTERNATIONAL AIRPORT. THE CONSTRUCTION, RECONSTRUCTION, OR EXTENSION OF
THE ITHACA TOMPKINS INTERNATIONAL AIRPORT, WHETHER OR NOT INCLUDING
BUILDINGS, HANGARS, RUNWAYS, TAXI-STRIPS, PAVED AREAS, PERIMETER FENC-
ING, GRADING, FILLING, DRAINAGE OR OTHER SITE WORK, THIRTY-YEARS; THE
ACQUISITION AND INSTALLATION OF AN ABOVE GROUND AIRCRAFT FUEL FARM AT
THE ITHACA TOMPKINS INTERNATIONAL AIRPORT, INCLUDING CONNECTING PIPES,
VALVES, METERS, PUMPS, CONCRETE SPILL CONTAINMENT FACILITIES, AND APPUR-
TENANT FACILITIES, TWENTY-FIVE YEARS.
§ 2. This act shall take effect immediately.
PART JJJ
Section 1. Legislative intent. The legislature hereby finds that the
Mahopac Central school district approved eight capital improvement
projects which are designated as project numbers 0001-010, 0002-011,
0003-004, 0004-011, 0005-011, 0006-011, 5010-007, and 7012-006. In addi-
tion, the projects were eligible for certain state aid. The legislature
further finds that due to ministerial error, the required filing of the
S. 7506--B 355 A. 9506--B
final cost reports for such projects were not made by such district in a
timely manner making the district ineligible for certain aid. The legis-
lature further finds that without such aid, the capital improvement
projects will impose an additional, unanticipated hardship on district
taxpayers.
§ 2. All the acts done and proceedings heretofore had and taken or
caused to be had or taken by the Mahopac Central school district and by
all its officers or agents relating to or in connection with a certain
final cost report to be filed with the state education department for
project numbers 0001-010, 0002-011, 0003-004, 0004-011, 0005-011, 0006-
011, 5010-007, and 7012-006, and all acts incidental thereto are hereby
legalized, validated, ratified and confirmed, notwithstanding any fail-
ure to comply with the approval and filing provisions of the education
law or any other law or any other statutory authority, rule or regu-
lation, in relation to any omissions, error, defect, irregularity or
illegality in such proceedings had and taken, and provided further that
any amount due and payable to the Mahopac Central school district for
school years prior to the 2018-2019 school year as a result of this act
shall be paid pursuant to the provisions of paragraph c of subdivision 5
of section 3604 of the education law.
§ 3. Notwithstanding section 24-a of part A of chapter 57 of the laws
of 2013, and consistent with section one of this act, the commissioner
shall not recover from the Mahopac Central school district any penalty
arising from the late filing of a final cost report for an approved
capital construction project designated by the department of education
as project numbers 0001-010, 0002-011, 0003-004, 0004-011, 0005-011,
0006-011, 5010-007, and 7012-006 pursuant to section 31 of part A of
chapter 57 of the laws of 2012, provided that any amounts already so
recovered shall be deemed a payment of moneys due for prior years pursu-
ant to paragraph c of subdivision 5 of section 3604 of the education law
and shall be paid to the Mahopac Central school district pursuant to
such provision, provided that such school district:
(a) submitted the late or missing final building cost report to the
commissioner of education;
(b) such cost report is approved by the commissioner of education;
(c) all state funds expended by the school district, as documented in
such cost report, were properly expended for such building project in
accordance with the terms and conditions for such project as approved by
the commissioner of education; and
(d) the failure to submit such report in a timely manner was an inad-
vertent administrative or ministerial oversight by the school district,
and there is no evidence of any fraudulent or other improper intent by
such district.
§ 4. This act shall take effect immediately.
PART KKK
Section 1. Subdivision 32 of section 364-j of the social services law,
as added by section 15 of part B of chapter 59 of the laws of 2016 and
paragraph (d) as amended by section 1 of part V of chapter 57 of the
laws of 2019, is amended to read as follows:
32. (a) The commissioner, OR FOR THE PURPOSES OF SUBPARAGRAPH (IV) OF
PARAGRAPH (C) OF THIS SUBDIVISION, THE MEDICAID INSPECTOR GENERAL IN
CONSULTATION WITH THE COMMISSIONER, may, in his or her discretion, apply
penalties to managed care organizations subject to this section and
article forty-four of the public health law, including managed long term
S. 7506--B 356 A. 9506--B
care plans, for untimely or inaccurate submission of encounter data;
provided however, no penalty shall be assessed if the managed care
organization submits, in good faith, timely and accurate data [that] AND
A MATERIAL AMOUNT OF SUCH DATA is not successfully received by the
department as a result of department system failures or technical issues
that are beyond the control of the managed care organization.
(b) The commissioner, OR FOR THE PURPOSES OF SUBPARAGRAPH (IV) OF
PARAGRAPH (C) OF THIS SUBDIVISION, THE MEDICAID INSPECTOR GENERAL IN
CONSULTATION WITH THE COMMISSIONER, shall consider the following [prior
to assessing a penalty against a managed care organization and have the
discretion to reduce or eliminate a penalty] WHEN DETERMINING WHETHER TO
ASSESS A PENALTY AGAINST A MANAGED CARE ORGANIZATION AND THE AMOUNT OF
SUCH PENALTY:
(i) the degree to which the [data submitted is] MANAGED CARE ORGANIZA-
TION SUBMITTED inaccurate DATA AT A CATEGORY OF SERVICE LEVEL and the
frequency of SUCH inaccurate data submissions by the managed care organ-
ization;
(ii) the degree to which the [data submitted is] MANAGED CARE ORGAN-
IZATION SUBMITTED untimely DATA OR NO DATA and the frequency of SUCH
untimely data submissions OR FAILURES TO SUBMIT by the managed care
organization; AND
(iii) the timeliness of the managed care organization in curing or
correcting inaccurate or untimely data[;
(iv) whether the untimely or inaccurate data was submitted by the
managed care organization or a third party;
(v) whether the managed care organization has taken corrective action
to reduce the likelihood of future inaccurate or untimely data
submissions; and
(vi) whether the managed care organization was or should have been
aware of inaccurate or untimely data].
For purposes of this section, "encounter data" shall mean [the trans-
actions required to be reported under the model contract] ALL ENCOUNTER
RECORDS OR ADJUSTMENTS TO PREVIOUSLY SUBMITTED RECORDS WHICH THE MANAGED
CARE ORGANIZATION HAS RECEIVED AND PROCESSED FROM PROVIDER ENCOUNTER OR
CLAIM RECORDS OF ALL CONTRACTED SERVICES RENDERED TO AN ENROLLEE OF THE
MANAGED CARE ORGANIZATION IN THE CURRENT OR ANY PRECEDING MONTH. Any
penalty assessed under this subdivision shall be calculated as a
percentage of the [administrative component of the] Medicaid CAPITATED
premium calculated by the department AND PAID TO THE MANAGED CARE ORGAN-
IZATION.
(c) [Such penalties] (I) PENALTIES ASSESSED PURSUANT TO THIS SUBDIVI-
SION AGAINST A MANAGED CARE ORGANIZATION OTHER THAN A MANAGED LONG TERM
CARE PLAN CERTIFIED PURSUANT TO SECTION FORTY-FOUR HUNDRED THREE-F OF
THE PUBLIC HEALTH LAW shall be as follows:
[(i)] (A) for encounter data submitted or resubmitted past the dead-
lines set forth in the model contract, THE Medicaid CAPITATED premiums
shall be reduced by [one and one-half] ONE-THIRD percent; and
[(ii)] (B) for incomplete or inaccurate encounter data, EVALUATED AT A
CATEGORY OF SERVICE LEVEL, that fails to conform to department developed
benchmarks for completeness and accuracy, THE Medicaid CAPITATED premi-
ums shall be reduced by [one-half] ONE AND ONE-THIRD percent; and
[(iii)] (C) for submitted data that results in a rejection rate in
excess of ten percent of department developed volume benchmarks, THE
Medicaid CAPITATED premiums shall be reduced by [one-half] ONE-THIRD
percent.
S. 7506--B 357 A. 9506--B
(II) PENALTIES ASSESSED PURSUANT TO THIS SUBDIVISIONS AGAINST A
MANAGED LONG TERM CARE PLAN CERTIFIED PURSUANT TO SECTION FORTY-FOUR
HUNDRED THREE-F OF THE PUBLIC HEALTH LAW SHALL BE AS FOLLOWS:
(A) FOR ENCOUNTER DATA SUBMITTED OR RESUBMITTED PAST THE DEADLINES SET
FORTH IN THE MODEL CONTRACT, THE MEDICAID CAPITATED PREMIUMS SHALL BE
REDUCED BY ONE-QUARTER PERCENT;
(B) FOR INCOMPLETE OR INACCURATE ENCOUNTER DATA, EVALUATED AT A CATE-
GORY OF SERVICE LEVEL, THAT FAILS TO CONFORM TO DEPARTMENT DEVELOPED
BENCHMARKS FOR COMPLETENESS AND ACCURACY, THE MEDICAID CAPITATED PREMI-
UMS SHALL BE REDUCED BY ONE PERCENT; AND
(C) FOR SUBMITTED DATA THAT RESULTS IN A REJECTION RATE IN EXCESS OF
TEN PERCENT OF DEPARTMENT DEVELOPED VOLUME BENCHMARKS, THE MEDICAID
CAPITATED PREMIUMS SHALL BE REDUCED BY ONE-QUARTER PERCENT.
(III) FOR INCOMPLETE OR INACCURATE ENCOUNTER DATA, IDENTIFIED IN THE
COURSE OF AN AUDIT, INVESTIGATION OR REVIEW BY THE MEDICAID INSPECTOR
GENERAL, THE MEDICAID CAPITATED PREMIUMS SHALL BE REDUCED BY AN ADDI-
TIONAL ONE PERCENT.
(d) (i) Penalties under this subdivision may be applied to any and all
circumstances described in paragraph (b) of this subdivision until the
managed care organization complies with the requirements for submission
of encounter data.
(ii) No penalties for late, incomplete or inaccurate encounter data
shall be assessed against managed care organizations in addition to
those provided for in this subdivision, provided, however, that nothing
in this paragraph shall prohibit the imposition of penalties, in cases
of fraud, WASTE or abuse, otherwise authorized by law.
§ 2. Subdivision 15 of section 4408-a of the public health law is
renumbered subdivision 16 and a new subdivision 15 is added to read as
follows:
15. AN ORGANIZATION SHALL HAVE PROCEDURES FOR OBTAINING AN ENROLLEE'S,
OR ENROLLEE'S DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICATIONS, WHICH
SHALL BE IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE
DEVELOPED BY THE COMMISSIONER. WRITTEN AND TELEPHONE NOTIFICATION TO AN
ENROLLEE OR THE ENROLLEE'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED
BY ELECTRONIC MEANS WHERE THE ENROLLEE OR THE ENROLLEE'S DESIGNEE HAS
INFORMED THE ORGANIZATION IN ADVANCE OF A PREFERENCE TO RECEIVE SUCH
NOTIFICATION BY ELECTRONIC MEANS. AN ORGANIZATION SHALL PERMIT THE
ENROLLEE AND THE ENROLLEE'S DESIGNEE TO CHANGE THE PREFERENCE AT ANY
TIME. THE ORGANIZATION SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICA-
TION METHODS AND PRESENT SUCH RECORDS TO THE COMMISSIONER UPON REQUEST.
§ 3. Paragraph (a) of subdivision 2 of section 4903 of the public
health law, as amended by chapter 371 of the laws of 2015, is amended to
read as follows:
(a) A utilization review agent shall make a utilization review deter-
mination involving health care services which require pre-authorization
and provide notice of a determination to the enrollee or enrollee's
designee and the enrollee's health care provider by telephone and in
writing within three business days of receipt of the necessary informa-
tion. [To the extent practicable, such written notification to the
enrollee's health care provider shall be transmitted electronically, in
a manner and in a form agreed upon by the parties.] The notification
shall identify; (i) whether the services are considered in-network or
out-of-network; (ii) and whether the enrollee will be held harmless for
the services and not be responsible for any payment, other than any
applicable co-payment or co-insurance; (iii) as applicable, the dollar
amount the health care plan will pay if the service is out-of-network;
S. 7506--B 358 A. 9506--B
and (iv) as applicable, information explaining how an enrollee may
determine the anticipated out-of-pocket cost for out-of-network health
care services in a geographical area or zip code based upon the differ-
ence between what the health care plan will reimburse for out-of-network
health care services and the usual and customary cost for out-of-network
health care services.
§ 4. Section 4903 of the public health law is amended by adding a new
subdivision 9 to read as follows:
9. A UTILIZATION REVIEW AGENT SHALL HAVE PROCEDURES FOR OBTAINING AN
ENROLLEE'S, OR ENROLLEE'S DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICA-
TIONS, WHICH SHALL BE IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH
GUIDANCE DEVELOPED BY THE COMMISSIONER. WRITTEN AND TELEPHONE NOTIFICA-
TION TO AN ENROLLEE OR THE ENROLLEE'S DESIGNEE UNDER THIS SECTION MAY BE
PROVIDED BY ELECTRONIC MEANS WHERE THE ENROLLEE OR THE ENROLLEE'S DESIG-
NEE HAS INFORMED THE ORGANIZATION IN ADVANCE OF PREFERENCE TO RECEIVE
SUCH NOTIFICATIONS BY ELECTRONIC MEANS. AN ORGANIZATION SHALL PERMIT THE
ENROLLEE AND THE ENROLLEE'S DESIGNEE TO CHANGE THE PREFERENCE AT ANY
TIME. TO THE EXTENT PRACTICABLE, SUCH WRITTEN AND TELEPHONE NOTIFICATION
TO THE ENROLLEE'S HEALTH CARE PROVIDER SHALL BE TRANSMITTED ELECTRON-
ICALLY, IN A MANNER AND IN A FORM AGREED UPON BY THE PARTIES. THE UTILI-
ZATION REVIEW AGENT SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION
METHODS AND PRESENT SUCH RECORDS TO THE COMMISSIONER UPON REQUEST.
§ 5. Paragraph (b) of subdivision 3 of section 4904 of the public
health law, as amended by chapter 586 of the laws of 1998 and as further
amended by section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
(b) a notice of the enrollee's right to an external appeal together
with a description, jointly promulgated by the commissioner and the
superintendent of financial services as required pursuant to subdivision
five of section forty-nine hundred fourteen of this article, of the
external appeal process established pursuant to title two of this arti-
cle and the time frames for such external appeals. A UTILIZATION REVIEW
AGENT SHALL HAVE PROCEDURES FOR OBTAINING AN ENROLLEE'S, OR ENROLLEE'S
DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICATIONS, WHICH SHALL BE IN
ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE DEVELOPED BY
THE COMMISSIONER. WRITTEN AND TELEPHONE NOTIFICATION TO AN ENROLLEE OR
THE ENROLLEE'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED BY ELECTRONIC
MEANS WHERE THE ENROLLEE OR THE ENROLLEE'S DESIGNEE HAS INFORMED THE
ORGANIZATION IN ADVANCE OF A PREFERENCE TO RECEIVE SUCH NOTIFICATIONS BY
ELECTRONIC MEANS. AN ORGANIZATION SHALL PERMIT THE ENROLLEE AND THE
ENROLLEE'S DESIGNEE TO CHANGE THE PREFERENCE AT ANY TIME. TO THE EXTENT
PRACTICABLE, WRITTEN AND TELEPHONE NOTIFICATION TO THE ENROLLEE'S HEALTH
CARE PROVIDER SHALL BE TRANSMITTED ELECTRONICALLY, IN A MANNER AND IN A
FORM AGREED UPON BY THE PARTIES. THE UTILIZATION REVIEW AGENT SHALL
RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION METHODS AND PRESENT SUCH
RECORDS TO THE COMMISSIONER UPON REQUEST.
§ 6. Subsection (o) of section 4802 of the insurance law is relettered
subsection (p) and a new subsection (o) is added to read as follows:
(O) AN INSURER SHALL HAVE PROCEDURES FOR OBTAINING AN INSURED'S, OR
INSURED'S DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICATIONS, WHICH
SHALL BE IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE
DEVELOPED BY THE SUPERINTENDENT. WRITTEN AND TELEPHONE NOTIFICATION TO
AN INSURED OR THE INSURED'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED
BY ELECTRONIC MEANS WHERE THE INSURED OR THE INSURED'S DESIGNEE HAS
INFORMED THE INSURER IN ADVANCE OF A PREFERENCE TO RECEIVE SUCH NOTIFI-
CATIONS BY ELECTRONIC MEANS. AN INSURER SHALL PERMIT THE INSURED AND THE
S. 7506--B 359 A. 9506--B
INSURED'S DESIGNEE TO CHANGE THE PREFERENCE AT ANY TIME. THE INSURER
SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION METHODS AND PRESENT
SUCH RECORDS TO THE SUPERINTENDENT UPON REQUEST.
§ 7. Paragraph 1 of subsection (b) of section 4903 of the insurance
law, as amended by chapter 371 of the laws of 2015, is amended to read
as follows:
(1) A utilization review agent shall make a utilization review deter-
mination involving health care services which require pre-authorization
and provide notice of a determination to the insured or insured's desig-
nee and the insured's health care provider by telephone and in writing
within three business days of receipt of the necessary information. [To
the extent practicable, such written notification to the enrollee's
health care provider shall be transmitted electronically, in a manner
and in a form agreed upon by the parties.] The notification shall iden-
tify: (i) whether the services are considered in-network or out-of-net-
work; (ii) whether the insured will be held harmless for the services
and not be responsible for any payment, other than any applicable
co-payment, co-insurance or deductible; (iii) as applicable, the dollar
amount the health care plan will pay if the service is out-of-network;
and (iv) as applicable, information explaining how an insured may deter-
mine the anticipated out-of-pocket cost for out-of-network health care
services in a geographical area or zip code based upon the difference
between what the health care plan will reimburse for out-of-network
health care services and the usual and customary cost for out-of-network
health care services.
§ 8. Section 4903 of the insurance law is amended by adding a new
subsection (i) to read as follows:
(I) A UTILIZATION REVIEW AGENT SHALL HAVE PROCEDURES FOR OBTAINING AN
INSURED'S, OR INSURED'S DESIGNEE'S, PREFERENCE FOR RECEIVING NOTIFICA-
TIONS, WHICH SHALL BE IN ACCORDANCE WITH APPLICABLE FEDERAL LAW AND WITH
GUIDANCE DEVELOPED BY THE SUPERINTENDENT. WRITTEN AND TELEPHONE NOTIFI-
CATION TO AN INSURED OR THE INSURED'S DESIGNEE UNDER THIS SECTION MAY BE
PROVIDED BY ELECTRONIC MEANS WHERE THE INSURED OR THE INSURED'S DESIGNEE
HAS INFORMED THE UTILIZATION REVIEW AGENT IN ADVANCE OF A PREFERENCE TO
RECEIVE SUCH NOTIFICATIONS BY ELECTRONIC MEANS. A UTILIZATION REVIEW
AGENT SHALL PERMIT THE INSURED AND THE INSURED'S DESIGNEE TO CHANGE THE
PREFERENCE AT ANY TIME. TO THE EXTENT PRACTICABLE, SUCH WRITTEN AND
TELEPHONE NOTIFICATION TO THE INSURED'S HEALTH CARE PROVIDER SHALL BE
TRANSMITTED ELECTRONICALLY, IN A MANNER AND IN A FORM AGREED UPON BY THE
PARTIES. THE UTILIZATION REVIEW AGENT SHALL RETAIN DOCUMENTATION OF
PREFERRED NOTIFICATION METHODS AND PRESENT SUCH RECORDS TO THE SUPER-
INTENDENT UPON REQUEST.
§ 9. Paragraph 2 of subsection (c) of section 4904 of the insurance
law, as amended by chapter 586 of the laws of 1998, is amended to read
as follows:
(2) a notice of the insured's right to an external appeal together
with a description, jointly promulgated by the superintendent and the
commissioner of health as required pursuant to subsection (e) of section
four thousand nine hundred fourteen of this article, of the external
appeal process established pursuant to title two of this article and the
time frames for such external appeals. A UTILIZATION REVIEW AGENT SHALL
HAVE PROCEDURES FOR OBTAINING AN INSURED'S, OR INSURED'S DESIGNEE'S,
PREFERENCE FOR RECEIVING NOTIFICATIONS, WHICH SHALL BE IN ACCORDANCE
WITH APPLICABLE FEDERAL LAW AND WITH GUIDANCE DEVELOPED BY THE SUPER-
INTENDENT. WRITTEN AND TELEPHONE NOTIFICATION TO AN INSURED OR THE
INSURED'S DESIGNEE UNDER THIS SECTION MAY BE PROVIDED BY ELECTRONIC
S. 7506--B 360 A. 9506--B
MEANS WHERE THE INSURED OR THE INSURED'S DESIGNEE HAS INFORMED THE
INSURER IN ADVANCE OF A PREFERENCE TO RECEIVE SUCH NOTIFICATIONS BY
ELECTRONIC MEANS. A UTILIZATION REVIEW AGENT SHALL PERMIT THE INSURED
AND THE INSURED'S DESIGNEE TO CHANGE THE PREFERENCE AT ANY TIME. TO THE
EXTENT PRACTICABLE, WRITTEN AND TELEPHONE NOTIFICATION TO THE INSURED'S
HEALTH CARE PROVIDER SHALL BE TRANSMITTED ELECTRONICALLY, IN A MANNER
AND IN A FORM AGREED UPON BY THE PARTIES. THE UTILIZATION REVIEW AGENT
SHALL RETAIN DOCUMENTATION OF PREFERRED NOTIFICATION METHODS AND PRESENT
SUCH RECORDS TO THE SUPERINTENDENT UPON REQUEST.
§ 10. Contingent upon the availability of federal financial partic-
ipation or other federal authorization from the centers of medicare and
medicaid services, the commissioner of health, in consultation with the
superintendent of the department of financial services, is authorized to
implement one or more five-year regional demonstration programs that
would be designed to improve health outcomes and reduce costs, using a
value based model that pays providers an actuarially sound global, pre-
paid and fully capitated amount for individuals in the designated region
who are enrolled in the state's plan for medical assistance established
pursuant to title XIX, or any successor title, of the federal social
security act; the Medicare program established pursuant to title XVIII,
or any successor title, of the federal social security act; and insur-
ers, corporations, and health care plans authorized pursuant to the
insurance law or public health law. The demonstration program may offer
funding and incentives designed to improve health outcomes for attri-
buted individual beneficiaries designed to improve health outcomes,
develop necessary infrastructure and systems; and connect individuals to
community based organizations that address the social determinants of
health. Notwithstanding any provision of law to the contrary, the
commissioner or the superintendent of the department of financial
services may waive any regulatory requirements as are necessary to
implement the demonstration program; provided however, that regulations
pertaining to patient safety, patient autonomy, patient privacy, patient
rights, due process, scope of practice, professional licensure, environ-
mental protections, provider reimbursement methodologies, or occupa-
tional standards and employee rights may not be waived, nor shall any
regulations be waived if such waiver would risk patient safety. Partic-
ipation in such program shall be voluntary. One year after this section
shall take effect and annually thereafter the commissioner of health
shall provide a report detailing the activities and outcomes of such
program, including any regulatory requirements that are waived, to the
speaker of the assembly and the temporary president of the senate.
§ 11. Contingent upon the availability of federal financial partic-
ipation or other federal authorization from the centers of medicare and
medicaid services, the commissioner of health, in consultation with the
superintendent of the department of financial services, is authorized to
design and implement a five-year demonstration, with implementation
beginning January 2022, utilizing an actuarially sound global budget and
global approach, and which is aimed at accelerating regional population
health improvement initiatives; adopting value-based models in accord-
ance with the state department of health Medicaid Value-Based Payment
Roadmap; and aligning care incentives under an integrated health system.
The demonstration may include the safety net hospitals in one or more
counties or regions of the state providing a high percentage of services
to individuals in the designated region who are enrolled in the state's
plan for medical assistance established pursuant to title XIX, or any
successor title, of the federal social security act; and insurers,
S. 7506--B 361 A. 9506--B
corporations, and health care plans authorized pursuant to the insurance
law or public health law, as well as regional providers, to deliver and
promote quality and performance through an integrated model. The
provisions of this paragraph shall not take effect unless all necessary
approvals under federal law and regulation have been obtained to receive
federal financial participation in the costs of services provided under
this paragraph, and shall be subject to the terms of a binding memoran-
dum of understanding executed between the department of health and the
demonstration's participants. Participation in such program shall be
voluntary. One year after this section shall take effect and annually
thereafter the commissioner of health shall provide a report detailing
the activities and outcomes of such program to the speaker of the assem-
bly and the temporary president of the senate.
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020; provided,
however, that the amendments to subdivision 32 of section 364-j of the
social services law made by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith. Provided
further, however, that the director of the budget may, in consultation
with the commissioner of health, delay the effective dates prescribed
herein for a period of time which shall not exceed ninety days following
the conclusion or termination of an executive order issued pursuant to
section 28 of the executive law declaring a state disaster emergency for
the entire state of New York, upon such delay the director of the budget
shall notify the chairs of the assembly ways and means committee and
senate finance committee and the chairs of the assembly and senate
health committee; provided further, however, that the director of the
budget shall notify the legislative bill drafting commission upon the
occurrence of a delay in the effective date of this act 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.
PART LLL
Section 1. Section 13 of chapter 141 of the laws of 1994, amending
the legislative law and the state finance law relating to the operation
and administration of the legislature, as amended by section 1 of part
II of chapter 57 of the laws of 2019, is amended to read as follows:
§ 13. This act shall take effect immediately and shall be deemed to
have been in full force and effect as of April 1, 1994, provided that,
the provisions of section 5-a of the legislative law as amended by
sections two and two-a of this act shall take effect on January 1, 1995,
and provided further that, the provisions of article 5-A of the legisla-
tive law as added by section eight of this act shall expire June 30,
[2020] 2021 when upon such date the provisions of such article shall be
deemed repealed; and provided further that section twelve of this act
shall be deemed to have been in full force and effect on and after April
10, 1994.
§ 2. This act shall not supersede the findings and determinations made
by the compensation committee as authorized pursuant to part HHH of
chapter 59 of the laws of 2018 unless a court of competent jurisdiction
determines that such findings and determinations are invalid or other-
wise not applicable or in force.
S. 7506--B 362 A. 9506--B
§ 3. This act shall take effect immediately, provided, however, if
this act shall take effect on or after June 30, 2020, this act shall be
deemed to have been in full force and effect on and after June 30, 2020.
§ 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 LLL of this act shall
be as specifically set forth in the last section of such Parts.