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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Feb 22, 2020 |
print number 7507a |
| Feb 22, 2020 |
amend (t) and recommit to finance |
| Jan 22, 2020 |
referred to finance |
Senate Bill S7507A
2019-2020 Legislative Session
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2020-2021 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2019-S7507 - Details
- See Assembly Version of this Bill:
- A9507
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S7507 - Summary
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2020-2021 state fiscal year; relates to extending effectiveness of various payment provisions relating to healthcare (Part A); repeals the department of health's requirement to audit the number of working hours for a hospital resident (Part B); relates to creating a pay and pursue model within the early intervention program (Part C)
2019-S7507 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7507 A. 9507
S E N A T E - A S S E M B L Y
January 22, 2020
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the New York Health Care Reform Act of 1996, in relation
to extending certain provisions relating 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 uncompen-
sated care to certain voluntary non-profit diagnostic and treatment
centers; to amend the public health law, in relation to the distrib-
ution pool allocations and graduate 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 insur-
ance initiatives pool distributions; to amend chapter 266 of the laws
of 1986 amending the civil practice law and rules and other laws
relating to malpractice and professional medical conduct, in relation
to extending the effectiveness 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 imple-
ment 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 hospi-
tals; 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 indemnity fund, in relation to the effectiveness there-
of; and to repeal certain provisions of the public health law relating
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12671-01-0
S. 7507 2 A. 9507
to funding for certain programs (Part A); to repeal subdivision 9 of
section 2803 of the public health law, relating to the department of
health's requirement to audit the number of working hours for hospital
residents (Part B); to amend the insurance law, in relation to creat-
ing a pay and pursue model within the early intervention program (Part
C); to amend the social services law, in relation to limiting the
availability of enhanced quality of adult living program ("EQUAL")
grants (Part D); to amend the public health law, in relation to elimi-
nating programs that do not support the department of health's core
mission; to amend the state finance law, in relation to transferring
responsibility for the autism awareness and research fund to the
office for people with developmental disabilities; to amend the public
health law, 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 E); to amend chapter 59 of the laws
of 2016 amending the public health law and other laws relating to
electronic prescriptions, in relation to the effectiveness 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 relating to allowing for the use of
funds of the office of professional medical conduct for activities of
the patient health information and quality improvement act of 2000, in
relation to extending the provisions thereof; to amend chapter 59 of
the laws of 2011, amending the public health law relating to the
statewide health information network of New York and the statewide
planning and research cooperative system and general powers and
duties, in relation to the effectiveness thereof; to amend chapter 58
of the laws of 2008, amending the elder law and other laws relating to
reimbursement to participating provider pharmacies and prescription
drug coverage, in relation to extending the expiration of certain
provisions thereof; to amend the public health law, in relation to
issuance of certificates of authority to accountable care organiza-
tions; 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 penal-
ties 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 effectiveness 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 supple-
mental rebates, in relation to the effectiveness thereof; to amend
chapter 57 of the laws of 2019, amending the public health law relat-
ing to waiver of certain regulations, in relation to the effectiveness
thereof; to amend chapter 474 of the laws of 1996, amending the educa-
tion 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
S. 7507 3 A. 9507
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 expira-
tion of certain provisions thereof; and 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 effectiveness
thereof (Part F); to amend the insurance law, in relation to
prescription drug pricing and creating a drug accountability board
(Part G); to amend the education law, in relation to clarifying the
tasks that can be performed by a licensed pharmacy technician (Part
H); to amend the education law, in relation to orders or non-patient
specific regimens to pharmacists for administering immunizations; 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 making the provisions perma-
nent; 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
making certain provisions permanent; to amend chapter 274 of the laws
of 2013, amending the education law relating to authorizing a licensed
pharmacist and certified nurse practitioner to administer meningococ-
cal disease immunizing agents, in relation to the effectiveness there-
of; and to amend 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, in
relation to making certain provisions permanent (Part I); to amend the
insurance law, in relation to denial of payment for certain medically
necessary hospital services, 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 public
health law, the insurance law, the financial services law and the
civil practice law and rules, in relation to provisional credentialing
of physicians and utilization review determinations and prior authori-
zation; and to repeal certain provisions of the financial services law
relating thereto (Part J); to amend the public health law, in relation
to the state's physician profiles (Part K); to amend the education law
and the public health law, in relation to enhancing the ability of the
department of education to investigate, discipline, and monitor
licensed physicians, physician assistants, and specialist assistants
(Part L); to amend the public health law, in relation to the state's
schedules of controlled substances (Part M); to amend the public
health law, in relation to general hospital and nursing home require-
ments to establish antibiotic stewardship programs and antimicrobial
resistance and infection prevention training programs (Part N); to
amend the public health law, in relation to expanding the Sexual
Assault Forensic Examiner (SAFE) Program to all New York state hospi-
tals with an emergency department (Part O); to amend the public health
law and the labor law, in relation to the state's modernization of
environmental health fee (Part P); to amend the public health law, the
education law, the general business law and the tax law, in relation
to the tobacco and electronic cigarette omnibus state of the state
proposal; and to repeal certain provisions of the public health law
relating thereto (Part Q); to amend the social services law, in
relation to certain Medicaid management; authorizing the director of
S. 7507 4 A. 9507
the division of the budget to direct the commissioner of health to
distribute enhanced federal match assistance percentage payments to
social services districts; and relating to state expenditures (Part
R); to amend the public health law, in relation to adding a three
percent surcharge to construction approval applications (Part S); 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 excess insurance coverage and extend-
ing the effectiveness of certain provisions thereof; 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 thereto, in relation to extending provisions
relating to excess coverage (Part T); to amend the insurance law, in
relation to the licensing of pharmacy benefit managers (Part U); to
amend the mental hygiene law, in relation to admission to residential
treatment facilities (RTF) for children and youth (Part V); to amend
the criminal procedure law, in relation to including mental health
units operating within a local correctional facility within the defi-
nition of "appropriate institution" under certain circumstances (Part
W); to authorize the transfer of certain office of mental health
employees to the secure treatment rehabilitation center (Part X); to
amend the mental hygiene law, in relation to the amount of time an
individual may be held for emergency observation, care, and treatment
in CPEP and the implementation of satellite sites, to amend chapter
723 of the laws of 1989 amending the mental hygiene law and other laws
relating to comprehensive psychiatric emergency programs, in relation
to the effectiveness of certain provisions thereof; and to repeal
paragraphs 4 and 8 of subdivision (a), and subdivision (i) of section
31.27 of the mental hygiene law, relating thereto (Part Y); to amend
the insurance law, in relation to promulgating rules and regulations
to establish mental health and substance use disorder parity compli-
ance requirements; and to amend the state finance law and public
health law, in relation to establishing the behavioral health parity
compliance fund (Part Z); to amend the social services law, in
relation to the requirement to check the statewide central register of
child abuse and maltreatment for every subject of a reported allega-
tion of abuse or neglect (Part AA); and to amend the mental hygiene
law, the social services law and the public health law, in relation to
providers of service (Part BB)
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
necessary to implement the state health and mental hygiene budget for
the 2020-2021 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through BB. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Part in which it is found. Section three of this
act sets forth the general effective date of this act.
S. 7507 5 A. 9507
PART A
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
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,
S. 7507 6 A. 9507
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
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
S. 7507 7 A. 9507
funds authorized pursuant to sections 2807-d, 3614-a and 3614-b of the
public health law and section 367-i of the social services law and for
distribution in accordance with the provisions of subdivision 9 of
section 2807-j of the public health law for the purpose of payment for
administration of statutory duties for the collections and distributions
authorized by sections 2807-c, 2807-d, 2807-j, 2807-k, 2807-l, 3614-a
and 3614-b of the public health law and section 367-i of the social
services law into the special revenue funds - other, health care reform
act (HCRA) resources fund - 061, provider collection monitoring account,
established within the department of health.
§ 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:
S. 7507 8 A. 9507
§ 2807-l. Health care initiatives pool distributions. 1. Funds accumu-
lated in the health care initiatives pools pursuant to paragraph (b) of
subdivision nine of section twenty-eight hundred seven-j of this arti-
cle, or the health care reform act (HCRA) resources fund established
pursuant to section ninety-two-dd of the state finance law, whichever is
applicable, including income from invested funds, shall be distributed
or retained by the commissioner or by the state comptroller, as applica-
ble, in accordance with the following.
(a) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions to programs to provide health care coverage for unin-
sured or underinsured children pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter from the respective
health care initiatives pools established for the following periods in
the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
up to one hundred twenty million six hundred thousand dollars;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, up to one hundred sixty-four million five hundred thousand
dollars;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
up to one hundred eighty-one million dollars;
(iv) from the pool for the period January first, two thousand through
December thirty-first, two thousand, two hundred seven million dollars;
(v) from the pool for the period January first, two thousand one
through December thirty-first, two thousand one, two hundred thirty-five
million dollars;
(vi) from the pool for the period January first, two thousand two
through December thirty-first, two thousand two, three hundred twenty-
four million dollars;
(vii) from the pool for the period January first, two thousand three
through December thirty-first, two thousand three, up to four hundred
fifty million three hundred thousand dollars;
(viii) from the pool for the period January first, two thousand four
through December thirty-first, two thousand four, up to four hundred
sixty million nine hundred thousand dollars;
(ix) from the pool or the health care reform act (HCRA) resources
fund, whichever is applicable, for the period January first, two thou-
sand five through December thirty-first, two thousand five, up to one
hundred fifty-three million eight hundred thousand dollars;
(x) from the health care reform act (HCRA) resources fund for the
period January first, two thousand six through December thirty-first,
two thousand six, up to three hundred twenty-five million four hundred
thousand dollars;
(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;
S. 7507 9 A. 9507
(xiii) from the health care reform act (HCRA) resources fund for the
period January first, two thousand eleven, through March thirty-first,
two thousand eleven, up to one hundred thirteen million four hundred
eighteen thousand dollars;
(xiv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand eleven, through March thirty-first, two
thousand twelve, up to three hundred twenty-four million seven hundred
forty-four thousand dollars;
(xv) from the health care reform act (HCRA) resources fund for the
period April first, two thousand twelve, through March thirty-first, two
thousand thirteen, up to three hundred forty-six million four hundred
forty-four thousand dollars;
(xvi) from the health care reform act (HCRA) resources fund for the
period April first, two thousand thirteen, through March thirty-first,
two thousand fourteen, up to three hundred seventy million six hundred
ninety-five thousand dollars; and
(xvii) from the health care reform act (HCRA) resources fund for each
state fiscal year for periods on and after April first, two thousand
fourteen, within amounts appropriated.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of distributions for health insurance programs under the individual
subsidy programs established pursuant to the expanded health care cover-
age act of nineteen hundred eighty-eight as amended, and for evaluation
of such programs from the respective health care initiatives pools or
the health care reform act (HCRA) resources fund, whichever is applica-
ble, established for the following periods in the following amounts:
(i) (A) an amount not to exceed six million dollars on an annualized
basis for the periods January first, nineteen hundred ninety-seven
through December thirty-first, nineteen hundred ninety-nine; up to six
million dollars for the period January first, two thousand through
December thirty-first, two thousand; up to five million dollars for the
period January first, two thousand one through December thirty-first,
two thousand one; up to four million dollars for the period January
first, two thousand two through December thirty-first, two thousand two;
up to two million six hundred thousand dollars for the period January
first, two thousand three through December thirty-first, two thousand
three; up to one million three hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four; up to six hundred seventy thousand dollars for the period
January first, two thousand five through June thirtieth, two thousand
five; up to one million three hundred thousand dollars for the period
April first, two thousand six through March thirty-first, two thousand
seven; and up to one million three hundred thousand dollars annually for
the period April first, two thousand seven through March thirty-first,
two thousand nine, shall be allocated to individual subsidy programs;
and
(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
S. 7507 10 A. 9507
first, two thousand five through June thirtieth, two thousand five shall
be allocated to the catastrophic health care expense program.
(ii) Notwithstanding any law to the contrary, the characterizations of
the New York state small business health insurance partnership program
as in effect prior to June thirtieth, two thousand three, voucher
program as in effect prior to December thirty-first, two thousand one,
individual subsidy program as in effect prior to June thirtieth, two
thousand five, and catastrophic health care expense program, as in
effect prior to June thirtieth, two thousand five, may, for the purposes
of identifying matching funds for the community health care conversion
demonstration project described in a waiver of the provisions of title
XIX of the federal social security act granted to the state of New York
and dated July fifteenth, nineteen hundred ninety-seven, may continue to
be used to characterize the insurance programs in sections four thousand
three hundred twenty-one-a, four thousand three hundred twenty-two-a,
four thousand three hundred twenty-six and four thousand three hundred
twenty-seven of the insurance law, which are successor programs to these
programs.
(c) Up to seventy-eight million dollars shall be reserved and accumu-
lated from year to year from the pool for the period January first,
nineteen hundred ninety-seven through December thirty-first, nineteen
hundred ninety-seven, for purposes of public health programs, up to
seventy-six million dollars shall be reserved and accumulated from year
to year from the pools for the periods January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight and January first, nineteen hundred ninety-nine through December
thirty-first, nineteen hundred ninety-nine, up to eighty-four million
dollars shall be reserved and accumulated from year to year from the
pools for the period January first, two thousand through December thir-
ty-first, two thousand, up to eighty-five million dollars shall be
reserved and accumulated from year to year from the pools for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to eighty-six million dollars shall be reserved and accumu-
lated from year to year from the pools for the period January first, two
thousand two through December thirty-first, two thousand two, up to
eighty-six million one hundred fifty thousand dollars shall be reserved
and accumulated from year to year from the pools for the period January
first, two thousand three through December thirty-first, two thousand
three, up to fifty-eight million seven hundred eighty thousand dollars
shall be reserved and accumulated from year to year from the pools for
the period January first, two thousand four through December thirty-
first, two thousand four, up to sixty-eight million seven hundred thirty
thousand dollars shall be reserved and accumulated from year to year
from the pools or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand five
through December thirty-first, two thousand five, up to ninety-four
million three hundred fifty thousand dollars shall be reserved and accu-
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
S. 7507 11 A. 9507
for the period January first, two thousand eight through December thir-
ty-first, two thousand ten, up to thirteen million nine hundred twenty-
two thousand dollars shall be reserved and accumulated from year to year
from the health care reform act (HCRA) resources fund for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, and for periods on and after April first, two thousand
eleven, up to funding amounts specified below and shall be available,
including income from invested funds, for:
(i) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the department of health's special revenue
fund - other, hospital based grants program account or the health care
reform act (HCRA) resources fund, whichever is applicable, for purposes
of services and expenses related to general hospital based grant
programs, up to twenty-two million dollars annually from the nineteen
hundred ninety-seven pool, nineteen hundred ninety-eight pool, nineteen
hundred ninety-nine pool, two thousand pool, two thousand one pool and
two thousand two pool, respectively, up to twenty-two million dollars
from the two thousand three pool, up to ten million dollars for the
period January first, two thousand four through December thirty-first,
two thousand four, up to eleven million dollars for the period January
first, two thousand five through December thirty-first, two thousand
five, up to twenty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, up to
twenty-two million ninety-seven thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million five hundred twenty-four thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to thirteen million four hundred
forty-five thousand dollars for the period April first, two thousand
eleven through March thirty-first, two thousand twelve, and up to thir-
teen million three hundred seventy-five thousand dollars each state
fiscal year for the period April first, two thousand twelve through
March thirty-first, two thousand fourteen;
(ii) deposit by the commissioner, within amounts appropriated, and the
state comptroller is hereby authorized and directed to receive for
deposit to, to the credit of the emergency medical services training
account established in section ninety-seven-q of the state finance law
or the health care reform act (HCRA) resources fund, whichever is appli-
cable, up to sixteen million dollars on an annualized basis for the
periods January first, nineteen hundred ninety-seven through December
thirty-first, nineteen hundred ninety-nine, up to twenty million dollars
for the period January first, two thousand through December thirty-
first, two thousand, up to twenty-one million dollars for the period
January first, two thousand one through December thirty-first, two thou-
sand one, up to twenty-two million dollars for the period January first,
two thousand two through December thirty-first, two thousand two, up to
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
S. 7507 12 A. 9507
million four hundred ninety-two thousand dollars annually for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to five million one hundred twenty-three thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven, up to eighteen million three hundred
fifty thousand dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve, up to eighteen million
nine hundred fifty thousand dollars for the period April first, two
thousand twelve through March thirty-first, two thousand thirteen, up to
nineteen million four hundred nineteen thousand dollars for the period
April first, two thousand thirteen through March thirty-first, two thou-
sand fourteen, and up to nineteen million six hundred fifty-nine thou-
sand seven hundred dollars each state fiscal year for the period of
April first, two thousand fourteen through March thirty-first, two thou-
sand [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
S. 7507 13 A. 9507
(C) for services and expenses, including grants, related to emergency
assistance distributions as designated by the commissioner. Notwith-
standing section one hundred twelve or one hundred sixty-three of the
state finance law or any other contrary provision of law, such distrib-
utions shall be limited to providers or programs where, as determined by
the commissioner, emergency assistance is vital to protect the life or
safety of patients, to ensure the retention of facility caregivers or
other staff, or in instances where health facility operations are jeop-
ardized, or where the public health is jeopardized or other emergency
situations exist, up to three million dollars annually for the period
April first, two thousand seven through March thirty-first, two thousand
eleven, up to two million nine hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen, 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
S. 7507 14 A. 9507
deposit to, to the credit of the department of health's special revenue
fund - other, miscellaneous special revenue fund - 339 maternal and
child HIV services account or the health care reform act (HCRA)
resources fund, whichever is applicable, for purposes of a special
program for HIV services for women and children, including adolescents
pursuant to section twenty-five hundred-f-one of this chapter, up to
five million dollars annually for the periods January first, two thou-
sand through December thirty-first, two thousand two, up to five million
dollars for the period January first, two thousand three through Decem-
ber thirty-first, two thousand three, up to two million five hundred
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to two million five hundred
thousand dollars for the period January first, two thousand five through
December thirty-first, two thousand five, up to five million dollars for
the period January first, two thousand six through December thirty-
first, two thousand six, up to five million dollars annually for the
period January first, two thousand seven through December thirty-first,
two thousand ten, up to one million two hundred fifty thousand dollars
for the period January first, two thousand eleven through March thirty-
first, two thousand eleven, and up to five million dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen;
(d) (i) An amount of up to twenty million dollars annually for the
period January first, two thousand through December thirty-first, two
thousand six, up to ten million dollars for the period January first,
two thousand seven through June thirtieth, two thousand seven, up to
twenty million dollars annually for the period January first, two thou-
sand eight through December thirty-first, two thousand ten, up to five
million dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, up to nineteen million
six hundred thousand dollars each state fiscal year for the period April
first, two thousand eleven through March thirty-first, two thousand
fourteen, 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
S. 7507 15 A. 9507
ninety-nine, up to fifty million dollars on an annualized basis, up to
thirty million dollars for the period January first, two thousand
through December thirty-first, two thousand, up to forty million dollars
for the period January first, two thousand one through December thirty-
first, two thousand one, up to fifty million dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two, up to forty-one million one hundred fifty thousand dollars for
the period January first, two thousand three through December thirty-
first, two thousand three, up to forty-one million one hundred fifty
thousand dollars for the period January first, two thousand four through
December thirty-first, two thousand four, up to fifty-eight million
three hundred sixty thousand dollars for the period January first, two
thousand five through December thirty-first, two thousand five, up to
fifty-two million three hundred sixty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six, up to thirty-five million four hundred thousand dollars annu-
ally for the period January first, two thousand seven through December
thirty-first, two thousand ten, up to eight million eight hundred fifty
thousand dollars for the period January first, two thousand eleven
through March thirty-first, two thousand eleven, up to twenty-eight
million four hundred thousand dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen, 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
S. 7507 16 A. 9507
five through December thirty-first, two thousand five, eighty-two
million dollars, and for the period January first, two thousand six
through December thirty-first, two thousand six, eighty-two million
dollars, and for the period January first, two thousand seven through
December thirty-first, two thousand seven, eighty-two million dollars,
and for the period January first, two thousand eight through December
thirty-first, two thousand eight, ninety million seven hundred thousand
dollars shall be deposited by the commissioner, and the state comp-
troller is hereby authorized and directed to receive for deposit to the
credit of the state special revenue fund - other, HCRA transfer fund,
medical assistance account;
(v) from the health care reform act (HCRA) resources fund for the
period January first, two thousand nine through December thirty-first,
two thousand nine, one hundred eight million nine hundred seventy-five
thousand dollars, and for the period January first, two thousand ten
through December thirty-first, two thousand ten, one hundred twenty-six
million one hundred thousand dollars, for the period January first, two
thousand eleven through March thirty-first, two thousand eleven, twenty
million five hundred thousand dollars, and for each state fiscal year
for the period April first, two thousand eleven through March thirty-
first, two thousand fourteen, one hundred forty-six million four hundred
thousand dollars, shall be deposited by the commissioner, and the state
comptroller is hereby authorized and directed to receive for deposit, to
the credit of the state special revenue fund - other, HCRA transfer
fund, medical assistance account.
(g) Funds shall be transferred to primary health care services pools
created by the commissioner, and shall be available, including income
from invested funds, for distributions in accordance with former section
twenty-eight hundred seven-bb of this article from the respective health
care initiatives pools for the following periods in the following
percentage amounts of funds remaining after allocations in accordance
with paragraphs (a) through (f) of this subdivision:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
fifteen and eighty-seven-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, fifteen and eighty-seven-hundredths percent; and
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
sixteen and thirteen-hundredths percent.
(h) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be available, including income from invested
funds, for purposes of primary care education and training pursuant to
article nine of this chapter from the respective health care initiatives
pools established for the following periods in the following percentage
amounts of funds remaining after allocations in accordance with para-
graphs (a) through (f) of this subdivision and shall be available for
distributions as follows:
(i) funds shall be reserved and accumulated:
(A) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
six and thirty-five-hundredths percent;
(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
S. 7507 17 A. 9507
(C) from the pool for the period January first, nineteen hundred nine-
ty-nine through December thirty-first, nineteen hundred ninety-nine, six
and forty-five-hundredths percent;
(ii) funds shall be available for distributions including income from
invested funds as follows:
(A) for purposes of the primary care physician loan repayment program
in accordance with section nine hundred three of this chapter, up to
five million dollars on an annualized basis;
(B) for purposes of the primary care practitioner scholarship program
in accordance with section nine hundred four of this chapter, up to two
million dollars on an annualized basis;
(C) for purposes of minority participation in medical education grants
in accordance with section nine hundred six of this chapter, up to one
million dollars on an annualized basis; and
(D) provided, however, that the commissioner may reallocate any funds
remaining or unallocated for distributions for the primary care practi-
tioner scholarship program in accordance with section nine hundred four
of this chapter.
(i) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for distrib-
utions in accordance with section twenty-nine hundred fifty-two and
section twenty-nine hundred fifty-eight of this chapter for rural health
care delivery development and rural health care access development,
respectively, from the respective health care initiatives pools or the
health care reform act (HCRA) resources fund, whichever is applicable,
for the following periods in the following percentage amounts of funds
remaining after allocations in accordance with paragraphs (a) through
(f) of this subdivision, and for periods on and after January first, two
thousand, in the following amounts:
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
thirteen and forty-nine-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, thirteen and forty-nine-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine through December thirty-first, nineteen hundred ninety-nine,
thirteen and seventy-one-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, seventeen million dollars annu-
ally, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to fifteen million eight
hundred fifty thousand dollars;
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the period January first, two thousand four
through December thirty-first, two thousand four, up to fifteen million
eight hundred fifty thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five, up to
nineteen million two hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six,
up to nineteen million two hundred thousand dollars, for the period
January first, two thousand seven through December thirty-first, two
thousand ten, up to eighteen million one hundred fifty thousand dollars
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
S. 7507 18 A. 9507
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
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
S. 7507 19 A. 9507
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
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:
S. 7507 20 A. 9507
(i) from the pool for the period January first, nineteen hundred nine-
ty-seven through December thirty-first, nineteen hundred ninety-seven,
nine and fifty-two-hundredths percent;
(ii) from the pool for the period January first, nineteen hundred
ninety-eight through December thirty-first, nineteen hundred ninety-
eight, nine and fifty-two-hundredths percent;
(iii) from the pool for the period January first, nineteen hundred
ninety-nine and December thirty-first, nineteen hundred ninety-nine,
nine and sixty-eight-hundredths percent;
(iv) from the pool for the periods January first, two thousand through
December thirty-first, two thousand two, up to twelve million dollars
annually, and for the period January first, two thousand three through
December thirty-first, two thousand three, up to forty million dollars;
and
(v) from the pool or the health care reform act (HCRA) resources fund,
whichever is applicable, for the periods January first, two thousand
four through December thirty-first, two thousand four, up to fifty-six
million dollars, for the period January first, two thousand five through
December thirty-first, two thousand six, up to sixty million dollars
annually, for the period January first, two thousand seven through
December thirty-first, two thousand ten, up to sixty million dollars
annually, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven, up to fifteen million dollars,
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen, up to forty-two
million three hundred thousand dollars and up to forty-one million fifty
thousand dollars each state fiscal year for the period April first, two
thousand fourteen through March thirty-first, two thousand [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-
S. 7507 21 A. 9507
sand five through December thirty-first, two thousand six, up to ten
million fifty thousand dollars on an annual basis, for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand ten, up to nineteen million dollars annually, and for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven, up to four million seven hundred fifty thousand dollars.
(n) Funds shall be accumulated and transferred from the health care
reform act (HCRA) resources fund as follows: for the period April first,
two thousand seven through March thirty-first, two thousand eight, and
on an annual basis for the periods April first, two thousand eight
through November thirtieth, two thousand nine, funds within amounts
appropriated shall be transferred and deposited and credited to the
credit of the state special revenue funds - other, HCRA transfer fund,
medical assistance account, for purposes of funding the state share of
rate adjustments made to public and voluntary hospitals in accordance
with paragraphs (i) and (j) of subdivision one of section twenty-eight
hundred seven-c of this article.
2. Notwithstanding any inconsistent provision of law, rule or regu-
lation, any funds accumulated in the health care initiatives pools
pursuant to paragraph (b) of subdivision nine of section twenty-eight
hundred seven-j of this article, as a result of surcharges, assessments
or other obligations during the periods January first, nineteen hundred
ninety-seven through December thirty-first, nineteen hundred ninety-
nine, which are unused or uncommitted for distributions pursuant to this
section shall be reserved and accumulated from year to year by the
commissioner and, within amounts appropriated, transferred and deposited
into the special revenue funds - other, miscellaneous special revenue
fund - 339, child health insurance account or any successor fund or
account, for purposes of distributions to implement the child health
insurance program established pursuant to sections twenty-five hundred
ten and twenty-five hundred eleven of this chapter for periods on and
after January first, two thousand one; provided, however, funds reserved
and accumulated for priority distributions pursuant to subparagraph
(iii) of paragraph (c) of subdivision one of this section shall not be
transferred and deposited into such account pursuant to this subdivi-
sion; and provided further, however, that any unused or uncommitted pool
funds accumulated and allocated pursuant to paragraph (j) of subdivision
one of this section shall be distributed for purposes of the health
information and quality improvement act of 2000.
3. Revenue from distributions pursuant to this section shall not be
included in gross revenue received for purposes of the assessments
pursuant to subdivision eighteen of section twenty-eight hundred seven-c
of this article, subject to the provisions of paragraph (e) of subdivi-
sion eighteen of section twenty-eight hundred seven-c of this article,
and shall not be included in gross revenue received for purposes of the
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-
S. 7507 22 A. 9507
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:
(a) ["Clinical research" means patient-oriented research, epidemiolog-
ic 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;
S. 7507 23 A. 9507
(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;
(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)] (B) "Council" means the New York state council on graduate
medical education.
[(f)] (C) "Direct medical education" means the direct costs of resi-
dents, interns and supervising physicians.
[(g)] (D) "Distribution period" means each calendar year set forth in
subdivision two of this section.
[(h)] (E) "Faculty" means persons who are employed by or under
contract for employment with a teaching general hospital or are paid
through a teaching 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)] (F) "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)] (G) "Indirect medical education" means the estimate of costs,
other than direct costs, of educational activities in teaching hospitals
S. 7507 24 A. 9507
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).
[(k)] (H) "Medicare" means the methodology used for purposes of reim-
bursing inpatient hospital services provided to beneficiaries of title
XVIII of the federal social security act.
[(l)] (I) "Primary care" residents specialties shall include family
medicine, general pediatrics, primary care internal medicine, and prima-
ry care obstetrics and gynecology. In determining whether a residency is
in primary care, the commissioner shall consult with the council.
[(m)] (J) "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 thir-
tieth, nineteen hundred ninety-six. For purposes of distributions pursu-
ant to subdivision 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)] (K) "Regional pool" means a professional education pool estab-
lished 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)] (L) "Resident" means a person in a graduate medical education
program which has received accreditation from a nationally recognized
accreditation 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)] (M) "Sponsoring institution" means the entity that has the over-
all responsibility for a program of graduate medical education. Such
institutions shall include teaching general hospitals, medical schools,
consortia and diagnostic and treatment centers.
[(r)] (N) "Weighted resident count" means a teaching general hospi-
tal's total number of residents as of July first, nineteen hundred nine-
ty-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)] (O) "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
S. 7507 25 A. 9507
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
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)] (P)
of this subdivision; and
(v) dividing each of the amounts determined in subparagraph (iii) of
this paragraph by seven.
[(t)] (P) "Extra reduction amount" shall mean an amount determined for
a teaching hospital for which an adjustment amount is calculated pursu-
ant to paragraph [(s)] (O) of this subdivision that is the hospital's
proportionate share of the sum of the amounts specified in paragraph
[(u)] (Q) of this subdivision determined based upon a comparison of the
hospital's remaining liability calculated pursuant to paragraph [(s)]
(O) of this subdivision to the sum of all such hospital's remaining
liabilities.
[(u)] (Q) "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)] (O) 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)] (O) of this subdivision applies and which received a
distribution 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 that is greater than
the hospital's adjustment amount, the difference between the distrib-
ution 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)] (O) of subdivision one of this section and, for distrib-
utions for the period January first, two thousand five through December
S. 7507 26 A. 9507
thirty-first, two thousand five, further reduced by its extra reduction
amount calculated pursuant to paragraph [(t)] (P) 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-
fied in paragraph [(n)] (K) 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)] (K) 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-
S. 7507 27 A. 9507
first, two thousand seventeen, and up to eight million six hundred
twelve thousand dollars each state fiscal year for the period April
first, two thousand seventeen through March thirty-first, two thousand
twenty, shall be set aside and reserved by the commissioner from the
regional pools established pursuant to subdivision two of this section
to be allocated regionally with two-thirds of the available funding
going to New York city and one-third of the available funding going to
the rest of the state and shall be available for distribution as
follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(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:
S. 7507 28 A. 9507
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
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
S. 7507 29 A. 9507
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(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
S. 7507 30 A. 9507
distributed to sponsoring institutions in each region pursuant to a
request for application or request for proposal process with preference
being given to sponsoring institutions which provide training in sites
located in underserved rural or inner-city areas and those that include
medical students in such training.
(d)] Physician loan repayment program. One million nine hundred sixty
thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight, one million nine
hundred sixty thousand dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine, one million
nine hundred sixty thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, four
hundred ninety thousand dollars for the period January first, two thou-
sand eleven through March thirty-first, two thousand eleven, one million
seven hundred thousand dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen, 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
S. 7507 31 A. 9507
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
[(e)] (C) 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)] (D) Work group. For funding available pursuant to paragraphs
[(d)] (B) and [(e)] (C) 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
S. 7507 32 A. 9507
applicants to facilitate their completion of applications. An applicant
shall be notified in writing by the department within ten days of
receipt of an application as to whether the application is complete and
if the application is incomplete, what information is outstanding. The
department shall act on an application within thirty days of receipt of
a complete application.
[(f)] (E) Study on physician workforce. Five hundred ninety thousand
dollars annually for the period January first, two thousand eight
through December 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 thousand 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 THIR-
TY-FIRST, TWO THOUSAND TWENTY-THREE, shall be set aside and reserved by
the commissioner from the regional pools established pursuant to subdi-
vision two of this section and shall be available 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, and up to one
million six hundred five thousand dollars each state fiscal year for the
period April first, two thousand seventeen through March thirty-first,
two thousand twenty, shall be set aside and reserved by the commissioner
from the regional pools established pursuant to subdivision two of this
section and shall be available for distributions to the Associated
Medical Schools of New York to fund its diversity program including
existing and new post-baccalaureate programs for minority and econom-
ically disadvantaged students and encourage participation from all
medical schools in New York. The associated medical schools of New York
shall report to the commissioner on an annual basis regarding the use of
funds for such purpose in such form and manner as specified by the
commissioner.
(h)] (F) 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
S. 7507 33 A. 9507
distribution periods in a manner determined by the commissioner for any
purpose set forth in this subdivision.
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)] (B) of subdivi-
sion five-a of this section and subdivision ten of this section or the
physician practice support program pursuant to paragraph [(e)] (C) 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)] (O) 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 (B), (c), [(d),] AND
(e)[, (f) and (g)] of subdivision five-a [and subdivision seven] of
section twenty-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, para-
graphs (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, subdivi-
sion 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
S. 7507 34 A. 9507
thirty-first, two thousand six, in the amount of seven million five
hundred thousand dollars, for the period January first, two thousand
seven through December thirty-first, two thousand seven, seven million
five hundred thousand dollars, for the period January first, two thou-
sand eight through December thirty-first, two thousand eight, seven
million five hundred thousand dollars, for the period January first, two
thousand nine through December thirty-first, two thousand nine, fifteen
million five hundred thousand dollars, for the period January first, two
thousand ten through December thirty-first, two thousand ten, seven
million five hundred thousand dollars, for the period January first, two
thousand eleven though December thirty-first, two thousand eleven, seven
million five hundred thousand dollars, for the period January first, two
thousand twelve through December thirty-first, two thousand twelve,
seven million five hundred thousand dollars, for the period January
first, two thousand thirteen through December thirty-first, two thousand
thirteen, seven million five hundred thousand dollars, for the period
January first, two thousand fourteen through December thirty-first, two
thousand fourteen, seven million five hundred thousand dollars, for the
period January first, two thousand fifteen through December thirty-
first, two thousand fifteen, seven million five hundred thousand
dollars, for the period January first two thousand sixteen through
December thirty-first, two thousand sixteen, seven million five hundred
thousand dollars, for the period January first, two thousand seventeen
through December thirty-first, two thousand seventeen, seven million
five hundred thousand dollars, for the period January first, two thou-
sand eighteen through December thirty-first, two thousand eighteen,
seven million five hundred thousand dollars, for the period January
first, two thousand nineteen through December thirty-first, two thousand
nineteen, seven million five hundred thousand dollars, 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-
S. 7507 35 A. 9507
cial participation is not available, or pursuant to subdivision four-a
of this section if federal financial participation is available.
Notwithstanding section three hundred sixty-eight-a of the social
services law, there shall be no local share in a medical assistance
payment adjustment under this subdivision.
§ 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
S. 7507 36 A. 9507
initiatives pool or in the health care reform act (HCRA) resources fund
established pursuant to section ninety-two-dd of the state finance law,
whichever is applicable, including income from invested funds, shall be
distributed or retained by the commissioner or by the state comptroller,
as applicable, in accordance with the following:
(a) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of services and expenses related to the toll-free medicaid
fraud hotline established pursuant to section one hundred eight of chap-
ter one of the laws of nineteen hundred ninety-nine from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: four hundred thousand dollars annually
for the periods January first, two thousand through December thirty-
first, two thousand two, up to four hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three, up to four hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four, up to four hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five, up to four hundred thousand dollars for the period January first,
two thousand six through December thirty-first, two thousand six, up to
four hundred thousand dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven, up to four
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to four
hundred thousand dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, up to four hundred
thousand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten, up to one hundred thousand
dollars for the period January first, two thousand eleven through March
thirty-first, two thousand eleven and within amounts appropriated on and
after April first, two thousand eleven.
(b) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of payment of audits or audit contracts necessary to determine payor and
provider compliance with requirements set forth in sections twenty-eight
hundred seven-j, twenty-eight hundred seven-s and twenty-eight hundred
seven-t of this article from the tobacco control and insurance initi-
atives pool established for the following periods in the following
amounts: five million six hundred thousand dollars annually for the
periods January first, two thousand through December thirty-first, two
thousand two, up to five million dollars for the period January first,
two thousand three through December thirty-first, two thousand three, up
to five million dollars for the period January first, two thousand four
through December thirty-first, two thousand four, up to five million
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
S. 7507 37 A. 9507
eight million five hundred thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, up to eight million five hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two 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-
S. 7507 38 A. 9507
ary first, two thousand four through December thirty-first, two thousand
four;
(vi) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand five, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(vii) eighty-eight million dollars, plus five hundred thousand
dollars, to be reserved, to be retained or for distribution pursuant to
a chapter of the laws of two thousand six, and pursuant to former
section twenty-seven hundred ninety-nine-l of this chapter, for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) eighty-six million four hundred thousand dollars, plus five
hundred thousand dollars, to be reserved, to be retained or for distrib-
ution pursuant to a chapter of the laws of two thousand seven and pursu-
ant to the former section twenty-seven hundred ninety-nine-l of this
chapter, for the period January first, two thousand seven through Decem-
ber thirty-first, two thousand seven; and
(ix) twenty-two million nine hundred thirteen thousand dollars, plus
one hundred twenty-five thousand dollars, to be reserved, to be retained
or for distribution pursuant to a chapter of the laws of two thousand
eight and pursuant to the former section twenty-seven hundred ninety-
nine-l of this chapter, for the period January first, two thousand eight
through March thirty-first, two thousand eight.
(d) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two, for administration and marketing costs associated with such program
established pursuant to clause (A) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) twenty-seven million dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
(iii) fifty-seven million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(e) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
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
S. 7507 39 A. 9507
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) two million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) thirty million five hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one; and
(iii) sixty-six million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(f) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medicaid fraud hotline and
medicaid administration account, or any successor fund or account, for
purposes of payment of administrative expenses of the department related
to the family health plus program established pursuant to section three
hundred sixty-nine-ee of the social services law from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts: five hundred thousand dollars on an
annual basis for the periods January first, two thousand through Decem-
ber thirty-first, two thousand six, five hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven, and five hundred thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight, five hundred thousand dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine, five hundred thousand dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten, one
hundred twenty-five thousand dollars for the period January first, two
thousand eleven through March thirty-first, two thousand eleven and
within amounts appropriated on and after April first, two thousand elev-
en.
(g) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the health maintenance organization
direct pay market program established pursuant to sections forty-three
hundred twenty-one-a and forty-three hundred twenty-two-a of the insur-
ance law from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to thirty-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(ii) up to thirty-six million dollars for the period January first,
two thousand one through December thirty-first, two thousand one of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
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
S. 7507 40 A. 9507
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iv) up to forty million dollars for the period January first, two
thousand three through December thirty-first, two thousand three of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(v) up to forty million dollars for the period January first, two
thousand four through December thirty-first, two thousand four of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vi) up to forty million dollars for the period January first, two
thousand five through December thirty-first, two thousand five of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(vii) up to forty million dollars for the period January first, two
thousand six through December thirty-first, two thousand six of which
fifty percentum shall be allocated to the program pursuant to section
four thousand three hundred twenty-one-a of the insurance law and fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-two-a of the insurance law;
(viii) up to forty million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law;
and
(ix) up to forty million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight of
which fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law.
(h) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York individual
program established pursuant to sections four thousand three hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to six million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(ii) up to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(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. 7507 41 A. 9507
(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. 7507 42 A. 9507
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. 7507 43 A. 9507
(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. 7507 44 A. 9507
(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. 7507 45 A. 9507
(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. 7507 46 A. 9507
(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. 7507 47 A. 9507
(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. 7507 48 A. 9507
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. 7507 49 A. 9507
(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. 7507 50 A. 9507
(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. 7507 51 A. 9507
(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. 7507 52 A. 9507
(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. 7507 53 A. 9507
(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. 7507 54 A. 9507
(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. 7507 55 A. 9507
(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. 7507 56 A. 9507
(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. 7507 57 A. 9507
(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. 7507 58 A. 9507
(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. 7507 59 A. 9507
(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. 7507 60 A. 9507
(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. 7507 61 A. 9507
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. 7507 62 A. 9507
(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. 7507 63 A. 9507
(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. 7507 64 A. 9507
(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. 7507 65 A. 9507
(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. 7507 66 A. 9507
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. 7507 67 A. 9507
(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. 7507 68 A. 9507
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. 7507 69 A. 9507
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. 7507 70 A. 9507
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. 7507 71 A. 9507
(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. 7507 72 A. 9507
(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. 7507 73 A. 9507
(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. 7507 74 A. 9507
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. 7507 75 A. 9507
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. 7507 76 A. 9507
(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 B
Section 1. Subdivision 9 of section 2803 of the public health law is
REPEALED.
§ 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 C
Section 1. Section 3235-a of the insurance law is amended by adding
two new subsections (e) and (f) to read as follows:
(E)(1) AN INSURER SHALL PAY AN EARLY INTERVENTION PROGRAM SERVICE
CLAIM TO A PROVIDER THROUGH THE STATE FISCAL AGENT, DESIGNATED PURSUANT
TO SECTION TWO THOUSAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH
LAW, THAT PARTICIPATES IN THE INSURER'S PROVIDER NETWORK IN ACCORDANCE
WITH SUBSECTION (A) OF SECTION THIRTY-TWO HUNDRED TWENTY-FOUR-A OF THIS
ARTICLE WHERE THE INSURER'S OBLIGATION TO PAY IS REASONABLY CLEAR, EVEN
THOUGH THERE MAY BE A DISAGREEMENT ABOUT WHETHER THE EARLY INTERVENTION
PROGRAM SERVICE WAS MEDICALLY NECESSARY.
(2) NOTWITHSTANDING THE PROVISIONS OF ARTICLE FORTY-NINE OF THIS CHAP-
TER AND ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW, FOLLOWING PAYMENT
OF THE EARLY INTERVENTION PROGRAM SERVICE CLAIM, AN INSURER MAY INITIATE
A NON-EXPEDITED EXTERNAL APPEAL PURSUANT TO TITLE TWO OF ARTICLE FORTY-
NINE OF THIS CHAPTER OR TITLE TWO OF ARTICLE FORTY-NINE OF THE PUBLIC
HEALTH LAW OR PURSUE A DETERMINATION FROM AN INDEPENDENT THIRD-PARTY
REVIEW AGENT AGREED UPON BY THE INSURER AND THE PROVIDER, WHICH DETERMI-
NATION SHALL BE BINDING, IN ORDER TO DETERMINE WHETHER THE EARLY INTER-
S. 7507 77 A. 9507
VENTION PROGRAM SERVICE WAS MEDICALLY NECESSARY. THE INSURER SHALL
NOTIFY THE STATE FISCAL AGENT AS DESIGNATED PURSUANT TO SECTION TWO
THOUSAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH LAW OF THE
EXTERNAL APPEAL AGENT'S OR INDEPENDENT THIRD-PARTY REVIEW AGENT'S DETER-
MINATION. IF THE EXTERNAL APPEAL AGENT OR THE INDEPENDENT THIRD-PARTY
REVIEW AGENT DETERMINES THAT THE EARLY INTERVENTION PROGRAM SERVICE
PROVIDED WAS NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, THE INSURER
MAY RECOUP, OFFSET, OR OTHERWISE REQUIRE A REFUND OF ANY OVERPAYMENT
RESULTING FROM THE DETERMINATION. SUCH RECOUP, OFFSET OR OTHER REQUIRED
REFUND SHALL BE A CHARGE TO THE APPROPRIATE MUNICIPALITY AND STATE. THE
STATE FISCAL AGENT DESIGNATED PURSUANT TO SECTION TWO THOUSAND FIVE
HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH LAW SHALL PROCESS THE RECOUP-
MENT, OFFSET, OR REFUND SUBMITTED BY THE INSURER WITHIN NINETY DAYS OF
RECEIPT OF THE NOTIFICATION OF THE EXTERNAL APPEAL AGENT'S OR INDEPEND-
ENT THIRD-PARTY REVIEW AGENT'S DETERMINATION.
(3) IF THE EXTERNAL APPEAL AGENT OR INDEPENDENT THIRD-PARTY REVIEW
AGENT DETERMINES THAT THE EARLY INTERVENTION PROGRAM SERVICES RENDERED
BY THE PROVIDER WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, MORE
THAN SIXTY PERCENT OF THE TIME IN ANY TWELVE-MONTH PERIOD, THE INSURER
MAY FOR THE SUBSEQUENT TWELVE-MONTH PERIOD REVIEW THE PROVIDER'S EARLY
INTERVENTION PROGRAM SERVICES CLAIMS FOR MEDICAL NECESSITY PRIOR TO
MAKING PAYMENT, IN ACCORDANCE WITH TITLE ONE OF ARTICLE FORTY-NINE OF
THIS CHAPTER OR TITLE ONE OF ARTICLE FORTY-NINE OF THE PUBLIC HEALTH
LAW.
(4) NOTHING IN THIS SUBSECTION SHALL PROHIBIT AN INSURER FROM REQUIR-
ING PREAUTHORIZATION FOR EARLY INTERVENTION PROGRAM SERVICES. A CLAIM
FOR AN EARLY INTERVENTION PROGRAM SERVICE FOR WHICH AN INSURER DENIED A
PREAUTHORIZATION REQUEST SHALL NOT BE SUBJECT TO THIS SUBSECTION.
(F) FOR PURPOSES OF THIS SECTION, "INSURER" SHALL MEAN AN INSURER
AUTHORIZED TO WRITE ACCIDENT AND HEALTH INSURANCE IN THIS STATE, A
CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE
FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI-
FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
§ 2. This act shall take effect January 1, 2021 and shall apply to
health care services provided on and after such date.
PART D
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 facil-
ity residents by means of grants to facilities for specified purposes.
The department of health, subject to the approval of the director of the
budget, shall develop an allocation methodology taking into account the
financial status and size of the facility as well as resident needs. On
or before June first of each year, the department shall make available
the application for EQUAL program funds] THE FOLLOWING PURPOSES:
(I) TO SUPPORT ADULT CARE FACILITIES IN WHICH AT LEAST TWENTY-FIVE
PERCENT OF THE RESIDENT POPULATION OR TWENTY-FIVE RESIDENTS, WHICHEVER
IS LESS, ARE PERSONS WITH SERIOUS MENTAL ILLNESS, AS DEFINED BY THE
S. 7507 78 A. 9507
COMMISSIONER OF HEALTH. THE PROGRAM SHALL BE TARGETED AT IMPROVING THE
QUALITY OF LIFE FOR SUCH ADULT CARE FACILITY RESIDENTS BY MEANS OF
GRANTS TO FACILITIES TO SUPPORT MENTAL HYGIENE TRAINING OF STAFF
EMPLOYED BY ELIGIBLE ADULT CARE FACILITIES, AS SET FORTH IN THIS
SECTION, AND INDEPENDENT SKILLS TRAINING FOR RESIDENTS WHO DESIRE TO
TRANSITION FROM SUCH FACILITIES TO THE COMMUNITY. THE DEPARTMENT OF
HEALTH, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL
DEVELOP AN ALLOCATION METHODOLOGY TAKING INTO ACCOUNT THE FINANCIAL
STATUS AND SIZE OF THE FACILITY, RESIDENT NEEDS, AND THE POPULATION OF
RESIDENTS WITH SERIOUS MENTAL ILLNESS; AND
(II) TO SUPPORT ADULT CARE FACILITIES WITH THE HIGHEST POPULATIONS OF
RESIDENTS WHO RECEIVE SUPPLEMENTAL SECURITY INCOME, AS DEFINED IN
SUBCHAPTER XVI OF CHAPTER 7 OF TITLE 42 OF THE UNITED STATES CODE, OR
SAFETY NET ASSISTANCE, AS DEFINED IN SECTION ONE HUNDRED FIFTY-NINE OF
THIS CHAPTER. THE PROGRAM SHALL BE TARGETED AT IMPROVING THE QUALITY OF
LIFE FOR SUCH 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 EXPENDITURE MUST RECEIVE
APPROVAL BY THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL DEVELOP AN ALLO-
CATION METHODOLOGY TAKING INTO ACCOUNT THE FINANCIAL STATUS AND SIZE OF
THE FACILITY, RESIDENT NEEDS, AND THE POPULATION OF RESIDENTS WHO
RECEIVE SUPPLEMENTAL SECURITY INCOME AND SAFETY NET ASSISTANCE.
(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. WHERE A FACILITY IS ELIGIBLE
TO APPLY FOR FUNDS PURSUANT TO BOTH SUBPARAGRAPHS (I) AND (II) OF PARA-
GRAPH (A) OF THIS SUBDIVISION, SUCH FACILITY SHALL ONLY BE AUTHORIZED TO
APPLY FOR THOSE FUNDS SET FORTH IN SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
THIS SUBDIVISION.
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] WHERE AN APPLICATION IS SUBMITTED PURSUANT TO SUBPARA-
GRAPH (II) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION THE resi-
dents' council shall adopt a process to identify the priorities of the
residents for the use of the program funds and document residents' top
preferences by means that may include a vote or survey. [The] SUCH plan
shall detail how program funds will be used to [improve] 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, improvements in food quality, furnishings, equipment,
security, and maintenance or repairs to the facility]. [The] FOR ALL
APPLICATIONS, 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] HAS BEEN REVIEWED AND
APPROVED BY THE RESIDENTS' COUNCIL. The department shall investigate
reports of resident abuse and retaliation related to program applica-
tions 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 E
S. 7507 79 A. 9507
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. Article 27-G of the public health law is REPEALED.
§ 6. 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.
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.
S. 7507 80 A. 9507
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.
§ 7. Article 27-J of the public health law is REPEALED.
§ 8. 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.
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
S. 7507 81 A. 9507
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;
(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.
S. 7507 82 A. 9507
(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
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.
§ 9. 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.
§ 10. 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
S. 7507 83 A. 9507
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.
§ 11. 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-
hensive and integrated plans of care which such centers' network of
practitioners and providers are required to provide.
§ 12. 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.
§ 13. 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.
§ 14. 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 F
S. 7507 84 A. 9507
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.
§ 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.
S. 7507 85 A. 9507
§ 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.
§ 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.
S. 7507 86 A. 9507
§ 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
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]
2024.
§ 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.
S. 7507 87 A. 9507
(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
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
S. 7507 88 A. 9507
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
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
S. 7507 89 A. 9507
[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.
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.
S. 7507 90 A. 9507
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,
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
S. 7507 91 A. 9507
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
(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
S. 7507 92 A. 9507
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.
§ 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 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] 2021;
§ 17. 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;
§ 18. 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 G
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 ONE HUNDRED PERCENT AND IF IT IS SUSPECTED THAT ANY PERSON,
PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR
S. 7507 93 A. 9507
EMPLOYEE THEREOF, SHALL HAVE EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY
ANY DEVICE, SCHEME OR ARTIFICE 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 ASSOCI-
ATION, 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 ONE HUNDRED PERCENT OVER THE PRIOR CALEN-
DAR YEAR, AND THE SUPERINTENDENT BELIEVES IT TO BE IN THE PUBLIC INTER-
EST 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 IS TO THE PUBLIC INTEREST TO INVESTIGATE,
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
AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON OF ANY ACTION OR
PROCEEDING BROUGHT BY THE ATTORNEY GENERAL.
(C) NO PERSON SHALL BE EXCUSED FROM ATTENDING SUCH INQUIRY IN
PURSUANCE TO THE MANDATES OF A SUBPOENA, OR FROM PRODUCING A PAPER OR
BOOK, OR FROM BEING EXAMINED OR REQUIRED TO ANSWER A QUESTION ON THE
GROUND OF FAILURE OF TENDER OR PAYMENT OF A WITNESS FEE AND/OR MILEAGE,
UNLESS AT THE TIME OF SUCH APPEARANCE OR PRODUCTION, AS THE CASE MAY BE,
SUCH WITNESS MAKES DEMAND FOR SUCH PAYMENT AS A CONDITION PRECEDENT TO
THE OFFERING OF TESTIMONY OR PRODUCTION REQUIRED BY THE SUBPOENA AND
UNLESS SUCH PAYMENT IS NOT THEREUPON MADE. THE PROVISIONS FOR PAYMENT OF
WITNESS FEE AND/OR MILEAGE SHALL NOT APPLY TO ANY OFFICER, DIRECTOR OR
PERSON IN THE EMPLOY OF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY,
TRUST OR ASSOCIATION WHOSE CONDUCT OR PRACTICES ARE BEING INVESTIGATED.
(D) IF A PERSON SUBPOENAED TO ATTEND SUCH INQUIRY FAILS TO OBEY THE
COMMAND OF A SUBPOENA WITHOUT REASONABLE CAUSE, OR IF A PERSON IN
ATTENDANCE UPON SUCH INQUIRY SHALL WITHOUT REASONABLE CAUSE REFUSE TO BE
SWORN OR TO BE EXAMINED OR TO ANSWER A QUESTION OR TO PRODUCE A BOOK OR
PAPER WHEN ORDERED SO TO DO BY THE OFFICER CONDUCTING SUCH INQUIRY, OR
IF A PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION
FAILS TO PERFORM ANY ACT REQUIRED BY THIS SECTION TO BE PERFORMED, HE OR
SHE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A CIVIL
PENALTY AS SET FORTH IN SUBSECTION (E) OF THIS SECTION.
(E) (1) IF AFTER AN INVESTIGATION AUTHORIZED UNDER THIS SECTION THE
SUPERINTENDENT DETERMINES THAT ANY PERSON, PARTNERSHIP, CORPORATION,
COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL
HAVE EMPLOYED ANY DEVICE, SCHEME OR ARTIFICE TO DEFRAUD OR FOR OBTAINING
S. 7507 94 A. 9507
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 WITHIN OR
FROM THIS STATE OR SHALL HAVE ENGAGED 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 AS A FRAUD UPON THE PURCHASER, THE SUPERINTENDENT MAY,
AFTER NOTICE AND A HEARING, LEVY A CIVIL PENALTY NOT TO EXCEED THE
GREATER OF: (A) FIVE THOUSAND DOLLARS FOR EACH OFFENSE; (B) A MULTIPLE
OF TWO TIMES THE AGGREGATE DAMAGES ATTRIBUTABLE TO THE OFFENSE; OR (C) A
MULTIPLE OF TWO TIMES THE AGGREGATE ECONOMIC GAIN ATTRIBUTABLE TO THE
OFFENSE.
(2) IF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCI-
ATION, THAT FAILS TO SUBMIT A WRITTEN STATEMENT REQUIRED BY THE SUPER-
INTENDENT UNDER SUBSECTION (A) OF THIS SECTION OR VIOLATES SUBSECTION
(D) OF THIS SECTION, THE SUPERINTENDENT MAY, AFTER NOTICE AND A HEARING,
LEVY A CIVIL PENALTY NOT TO EXCEED TO ONE THOUSAND DOLLARS PER DAY THAT
THE FAILURE CONTINUES.
(F) IF DURING AN INVESTIGATION AUTHORIZED UNDER THIS SECTION THE
SUPERINTENDENT DETERMINES THAT ANY PERSON, PARTNERSHIP, CORPORATION,
COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF IS PRES-
ENTLY TAKING OR IS ABOUT TO TAKE ANY ACTION IN VIOLATION OF SUBSECTION
(E) OF THIS SECTION THE SUPERINTENDENT MAY IN ADDITION TO ALL OTHER
REMEDIES AS ARE PROVIDED BY LAW MAINTAIN AND PROSECUTE AN ACTION AGAINST
SUCH PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR
ANY AGENT OR EMPLOYEE THEREOF FOR THE PURPOSE OF OBTAINING AN INJUNCTION
RESTRAINING SUCH PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR
ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF FROM DOING ANY ACTS IN
VIOLATION OF THE PROVISIONS OF THIS SECTION.
§ 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
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. 7507 95 A. 9507
(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 MAY 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. 7507 96 A. 9507
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 H
Section 1. Subdivisions 1 and 4 of section 6841 of the education law,
as added by chapter 414 of the laws of 2019, are amended to read as
follows:
1. A registered pharmacy technician may, under the direct personal
supervision of a licensed pharmacist, assist such licensed pharmacist,
as directed, in compounding, preparing, labeling, or dispensing of drugs
used to fill valid prescriptions or medication orders [or], AND A REGIS-
TERED PHARMACY TECHNICIAN EMPLOYED BY A FACILITY LICENSED IN ACCORDANCE
WITH ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR A PHARMACY OWNED
AND OPERATED BY SUCH A FACILITY MAY ASSIST A LICENSED PHARMACIST AS
DIRECTED in compounding, preparing, and labeling in anticipation of a
valid prescription or medication order for a patient to be served by the
facility, in accordance with article one hundred thirty-seven of this
title where such tasks require no professional judgment. Such profes-
sional judgment shall only be exercised by a licensed pharmacist. A
registered pharmacy technician may only practice [in a facility licensed
in accordance with article twenty-eight of the public health law, or a
pharmacy owned and operated by such a facility,] IN A REGISTERED PHARMA-
CY under the direct personal supervision of a licensed pharmacist
employed [in] BY such a facility or pharmacy. Such facility OR PHARMACY
shall be responsible for ensuring that the registered pharmacy techni-
cian has received appropriate training to ensure competence before he or
she begins assisting a licensed pharmacist in compounding, preparing,
labeling, or dispensing of drugs, in accordance with this article and
article one hundred thirty-seven of this title. For the purposes of this
article, direct personal supervision means supervision of procedures
based on instructions given directly by a supervising licensed pharma-
cist who remains in the immediate area where the procedures are being
performed, authorizes the procedures and evaluates the procedures
performed by the registered pharmacy technicians and a supervising
licensed pharmacist shall approve all work performed by the registered
pharmacy technician prior to the actual dispensing of any drug.
4. No licensed pharmacist shall obtain the assistance of more than
[two] FOUR registered pharmacy technicians in the performance of
[licensed tasks] COMPOUNDING OR PREPARATION OF STERILE PRODUCTS within
their scope of practice. NO LICENSED PHARMACIST SHALL OBTAIN THE ASSIST-
ANCE OF MORE THAN FOUR REGISTERED PHARMACY TECHNICIANS or [four] SIX
unlicensed persons, in the performance of the activities that do not
require licensure, the total of such persons shall not exceed [four] SIX
individuals at any one time. Pharmacy interns shall be exempt from such
ratios, but shall be supervised in accordance with commissioner's regu-
lations. Individuals who are responsible for the act of placing drugs
S. 7507 97 A. 9507
which are in unit-dose packaging into medication carts as part of an
approved unit-dose drug distribution system for patients in institu-
tional settings shall be exempt from such ratio, provided that such
individuals are not also engaged in performing the activities set forth
in subdivision one or paragraph b, c, d, e, f, g, h, or i of subdivision
two of this section. The licensed pharmacist shall provide the degree
of supervision of such persons as may be appropriate to ensure compli-
ance with the relevant provisions of regulations of the commissioner.
§ 2. Subdivision 2 of section 6832 of the education law, as added by
chapter 414 of the laws of 2019, is amended to read as follows:
2. [Except for a licensed pharmacist employed by a facility licensed
in accordance with article twenty-eight of the public health law or a
pharmacy owned and operated by such a facility, as defined in article
one hundred thirty-seven-A of this title, no] NO licensed pharmacist
shall obtain the assistance of more than four REGISTERED PHARMACY TECH-
NICIANS OR SIX unlicensed persons, in the performance of the activities
that do not require licensure, the total of such persons shall not
exceed [four] SIX individuals at any one time. Pharmacy interns shall
be exempt from such ratios, but shall be supervised in accordance with
the commissioner's regulations. Individuals who are responsible for the
act of placing drugs which are in unit-dose packaging into medication
carts as part of an approved unit-dose drug distribution system for
patients in institutional settings shall be exempt from such ratio,
provided that such individuals are not also engaged in performing the
activities set forth in paragraph (b), (c), (d), (e), (f), (g), (h) or
(i) of subdivision one of this section. The licensed pharmacist shall
provide the degree of supervision of such persons as may be appropriate
to ensure compliance with the relevant provisions of regulations of the
commissioner.
§ 3. This act shall take effect on the same date and in the same
manner as chapter 414 of the laws of 2019 takes effect.
PART I
Section 1. Subdivision 7 of section 6527 of the education law, as
amended by chapter 46 of the laws of 2015, is amended to read as
follows:
7. A licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner, and consistent with the
public health law, for administering immunizations to prevent influenza,
pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE AND OLDER, ANY
OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
TIONS PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, and
medications required for emergency treatment of anaphylaxis. Nothing in
this subdivision shall authorize unlicensed persons to administer immun-
izations, vaccines or other drugs.
§ 2. Subdivision 7 of section 6909 of the education law, as amended by
chapter 46 of the laws of 2015, is amended to read as follows:
7. A certified nurse practitioner may prescribe and order a patient
specific order or non-patient specific regimen to a licensed pharmacist,
pursuant to regulations promulgated by the commissioner, and consistent
with the public health law, for administering immunizations to prevent
influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,
diphtheria or pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE
S. 7507 98 A. 9507
AND OLDER, ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE
ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION, and medications required for emergency treatment of anaphy-
laxis. Nothing in this subdivision shall authorize unlicensed persons to
administer immunizations, vaccines or other drugs.
§ 3. Section 6801-a of the education law, as amended by chapter 238
of the laws of 2015, is amended to read as follows:
§ 6801-a. Collaborative drug therapy management [demonstration
program]. 1. As used in this section, the following terms shall have
the following meanings:
a. "Board" shall mean the state board of pharmacy as established by
section sixty-eight hundred four of this article.
b. "Clinical services" shall mean the collection and interpretation of
patient data for the purpose of initiating, modifying and monitoring
drug therapy with associated accountability and responsibility for
outcomes in a direct patient care setting.
c. "Collaborative drug therapy management" shall mean the performance
of clinical services by a pharmacist relating to the review, evaluation
and management of drug therapy to a patient, who is being treated by a
physician, PHYSICIAN ASSISTANT, OR NURSE PRACTITIONER for a specific
disease or associated disease states, in accordance with a written
agreement or protocol with a voluntarily participating physician, PHYSI-
CIAN ASSISTANT, NURSE PRACTITIONER OR FACILITY and in accordance with
the policies, procedures, and protocols of the facility. Such agreement
or protocol as entered into by the physician and a pharmacist, may
include[, and shall be limited to]:
(i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
drug regimen of a patient, pursuant to a patient specific order or NON-
PATIENT SPECIFIC protocol made by the patient's physician, PHYSICIAN
ASSISTANT, NURSE PRACTITIONER OR FACILITY, which may include adjusting
drug strength, frequency of administration or route of administration[.
Adjusting the drug regimen shall not include substituting] or selecting
a [different] drug which differs from that initially prescribed by the
patient's physician [unless such substitution is expressly], PHYSICIAN
ASSISTANT OR NURSE PRACTITIONER AS authorized in the written order or
protocol. The pharmacist shall be required to immediately document in
the patient record changes made to the patient's drug therapy and shall
use any reasonable means or method established by the facility OR PRAC-
TICE to notify the patient's other treating physicians, PHYSICIAN
ASSISTANTS, NURSE PRACTITIONERS AND OTHER PROFESSIONALS AS REQUIRED BY
THE FACILITY OR THE COLLABORATIVE PRACTICE AGREEMENT, PROVIDED, HOWEVER,
THAT THE PHARMACIST SHALL APPROPRIATELY CONSIDER CLINICAL BENEFIT AND
COST TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE RESPONSIBILITIES
[with whom he or she does not have a written agreement or protocol
regarding such changes. The patient's physician may prohibit, by written
instruction, any adjustment or change in the patient's drug regimen by
the pharmacist];
(ii) evaluating and[, only if specifically] AS authorized by the
protocol and only to the extent necessary to discharge the responsibil-
ities set forth in this section, ordering disease state laboratory tests
related to the drug therapy management for the specific disease or
disease [state] STATES specified within the written agreement or proto-
col; and
(iii) [only if specifically] AS authorized by the written agreement or
protocol and only to the extent necessary to discharge the responsibil-
ities set forth in this section, ordering or performing routine patient
S. 7507 99 A. 9507
monitoring functions as may be necessary in the drug therapy manage-
ment[, including the collecting and reviewing of patient histories, and
ordering or checking patient vital signs, including pulse, temperature,
blood pressure and respiration].
d. "Facility" shall mean[: (i)] a [teaching hospital or] general
hospital, [including any] diagnostic center, treatment center, or hospi-
tal-based outpatient department as defined in section twenty-eight
hundred one of the public health law[; or (ii)], A RESIDENTIAL HEALTH
CARE FACILITY, a nursing home with an on-site pharmacy staffed by a
licensed pharmacist OR ANY FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW OR OTHER ENTITY THAT PROVIDES
DIRECT PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR; provided,
however, for the purposes of this section the term "facility" shall not
include dental clinics, dental dispensaries, residential health care
facilities and rehabilitation centers.
For the purposes of this section, [a "teaching hospital" shall mean a
hospital licensed pursuant to article twenty-eight of the public health
law that is eligible to receive direct or indirect graduate medical
education payments pursuant to article twenty-eight of the public health
law.] A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH PHYSICIANS,
PHYSICIAN ASSISTANTS AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP
PRACTICES PROVIDE DIAGNOSTIC AND TREATMENT CARE FOR PATIENTS.
e. "Physician, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER" shall mean
the physician, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER selected by or
assigned to a patient, who has primary responsibility for the treatment
and care of the patient for the disease and associated disease states
that are the subject of the collaborative drug therapy management.
f. "Written agreement or protocol" shall mean a written document,
pursuant to and consistent with any applicable state or federal require-
ments, that addresses a specific disease or associated disease states
and that describes the nature and scope of collaborative drug therapy
management to be undertaken by the pharmacists, in collaboration with
the participating physician, PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR
FACILITY in accordance with the provisions of this section.
2. a. A pharmacist who meets the experience requirements of paragraph
b of this subdivision and who is [employed by or otherwise affiliated
with a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE
DRUG THERAPY MANAGEMENT AND WHO IS EITHER EMPLOYED BY OR OTHERWISE
AFFILIATED WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING PHYSI-
CIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER shall be permitted to
enter into a written agreement or protocol with a physician, PHYSICIAN
ASSISTANT, NURSE PRACTITIONER OR FACILITY authorizing collaborative drug
therapy management, subject to the limitations set forth in this
section, within the scope of such employment [or], affiliation OR
PARTICIPATION. ONLY PHARMACISTS SO CERTIFIED MAY ENGAGE IN COLLABORATIVE
DRUG THERAPY MANAGEMENT AS DEFINED IN THIS SECTION.
b. A participating pharmacist must[:
(i)(A) have been awarded either a master of science in clinical phar-
macy or a doctor of pharmacy degree;
(B)] maintain a current unrestricted license[;], and
[(C) have a minimum of two years experience, of which at least one
year of such experience shall include clinical experience in a health
facility, which involves consultation with physicians with respect to
drug therapy and may include a residency at a facility involving such
consultation; or
(ii)(A) have been awarded a bachelor of science in pharmacy;
S. 7507 100 A. 9507
(B) maintain a current unrestricted license; and
(C) within the last seven years, have a minimum of three years experi-
ence, of which at least one year of such experience shall include clin-
ical experience in a health facility, which involves consultation with
physicians with respect to drug therapy and may include a residency at a
facility involving such consultation; and
(iii) meet any additional education, experience, or other requirements
set forth by the department in consultation with the board.] SHALL
SATISFY ANY TWO OF THE FOLLOWING CRITERIA:
(I) CERTIFICATION IN A RELEVANT AREA OF PRACTICE INCLUDING BUT NOT
LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC PHARMACY, NUCLEAR
PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
MACY, PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED-
ITING BODY AS APPROVED BY THE DEPARTMENT;
(II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT PATIENT
CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
(III) HAVE PROVIDED CLINICAL SERVICES TO PATIENTS FOR AT LEAST ONE
YEAR EITHER:
(A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
CIAN, PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR FACILITY; OR
(B) HAS DOCUMENTED EXPERIENCE IN PROVISION OF CLINICAL SERVICES TO
PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
c. Notwithstanding any provision of law, nothing in this section shall
prohibit a licensed pharmacist from engaging in clinical services asso-
ciated with collaborative drug therapy management, in order to gain
experience necessary to qualify under [clause (C) of subparagraph (i) or
(ii) of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B of
this subdivision, provided that such practice is under the supervision
of a pharmacist that currently meets the referenced requirement, and
that such practice is authorized under the written agreement or protocol
with the physician, PHYSICIAN ASSISTANT, NURSE PRACTITIONER OR FACILITY.
d. Notwithstanding any provision of this section, nothing herein shall
authorize the pharmacist to diagnose disease. In the event that a treat-
ing physician, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER may disagree
with the exercise of professional judgment by a pharmacist, the judgment
of the treating physician, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER
shall prevail.
3. [The physician who is a party to a written agreement or protocol
authorizing collaborative drug therapy management shall be employed by
or otherwise affiliated with the same facility with which the pharmacist
is also employed or affiliated.
4. The existence of a written agreement or protocol on collaborative
drug therapy management and the patient's right to choose to not partic-
ipate in collaborative drug therapy management shall be disclosed to any
patient who is eligible to receive collaborative drug therapy manage-
ment. Collaborative drug therapy management shall not be utilized unless
the patient or the patient's authorized representative consents, in
writing, to such management. If the patient or the patient's authorized
representative consents, it shall be noted on the patient's medical
record. If the patient or the patient's authorized representative who
consented to collaborative drug therapy management chooses to no longer
participate in such management, at any time, it shall be noted on the
patient's medical record. In addition, the existence of the written
agreement or protocol and the patient's consent to such management shall
S. 7507 101 A. 9507
be disclosed to the patient's primary physician and any other treating
physician or healthcare provider.
5.] A PHARMACIST WHO IS CERTIFIED BY THE DEPARTMENT TO ENGAGE IN
COLLABORATIVE DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO-
RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSICIAN, PHYSICIAN
ASSISTANT, NURSE PRACTITIONER OR PRACTICE AS AN INDEPENDENT HEALTH CARE
PROVIDER OR AS AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER.
IN A FACILITY, THE PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER
AND THE PHARMACIST WHO ARE PARTIES TO A WRITTEN AGREEMENT OR PROTOCOL
AUTHORIZING COLLABORATIVE DRUG THERAPY MANAGEMENT SHALL BE EMPLOYED BY
OR BE OTHERWISE AFFILIATED WITH THE FACILITY.
4. Participation in a written agreement or protocol authorizing colla-
borative drug therapy management shall be voluntary, and no patient,
physician, PHYSICIAN ASSISTANT, NURSE PRACTITIONER, pharmacist, or
facility shall be required to participate.
[6. Nothing in this section shall be deemed to limit the scope of
practice of pharmacy nor be deemed to limit the authority of pharmacists
and physicians to engage in medication management prior to the effective
date of this section and to the extent authorized by law.]
§ 4. 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].
§ 5. 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 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;
(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].
§ 6. Section 4 of chapter 274 of the laws of 2013, amending the
education law relating to authorizing a licensed pharmacist and certi-
fied nurse practitioner to administer meningococcal disease immunizing
agents, is amended to read as follows:
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law[; 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 expiration and
S. 7507 102 A. 9507
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to expire therewith; and
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to be expire therewith; and
(c) the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith].
§ 7. 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; provided, however, that the amendments to subdi-
vision 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 subdi-
vision 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]. EFFECTIVE immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
§ 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,
however, that section three of this act shall take effect on the one
hundred eightieth day after it shall have become a law.
PART J
Section 1. 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-
S. 7507 103 A. 9507
ly [notify] NOTIFICATION shall not exceed the lesser of two thousand
dollars or twelve 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 [noti-
fy] NOTIFICATION shall not be imposed if the patient's insurance cover-
age could not be determined by the hospital after reasonable efforts at
the time the [inpatient] services were provided.
(3) NOTHING IN THIS SUBSECTION SHALL PRECLUDE AN INSURER FROM DENYING
PAYMENT FOR A CLAIM: (A) BASED ON A REASONABLE BELIEF OF FRAUD OR INTEN-
TIONAL MISCONDUCT, OR ABUSIVE BILLING; (B) WHEN REQUIRED BY A STATE OR
FEDERAL GOVERNMENT PROGRAM OR COVERAGE THAT IS PROVIDED BY THIS STATE OR
A MUNICIPALITY THEREOF TO ITS RESPECTIVE EMPLOYEES, RETIREES OR MEMBERS;
OR (C) THAT IT BELIEVES IS FRAUDULENTLY SUBMITTED, IS A DUPLICATE CLAIM,
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.
(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.
§ 2. 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 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 NOTIFI-
CATION 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) NOTHING IN THIS SUBSECTION SHALL PRECLUDE A CORPORATION FROM DENY-
ING PAYMENT FOR A CLAIM: (A) BASED ON A REASONABLE BELIEF OF FRAUD OR
S. 7507 104 A. 9507
INTENTIONAL MISCONDUCT, OR ABUSIVE BILLING; (B) WHEN REQUIRED BY A STATE
OR FEDERAL GOVERNMENT PROGRAM OR COVERAGE THAT IS PROVIDED BY THIS STATE
OR A MUNICIPALITY THEREOF TO ITS RESPECTIVE EMPLOYEES, RETIREES OR
MEMBERS; OR (C) THAT IT BELIEVES IS FRAUDULENTLY SUBMITTED, IS A DUPLI-
CATE CLAIM 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.
(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.
§ 3. 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 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 NOTIFICATION 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) NOTHING IN THIS SUBDIVISION SHALL PRECLUDE A HEALTH CARE PLAN FROM
DENYING PAYMENT FOR A CLAIM: (I) BASED ON A REASONABLE BELIEF OF FRAUD
OR INTENTIONAL MISCONDUCT, 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 EMPLOYEES, RETIREES OR
MEMBERS; (III) THAT IT BELIEVES IS FRAUDULENTLY SUBMITTED, IS A DUPLI-
CATE CLAIM, 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.
(D) FOR PURPOSES OF THIS SUBDIVISION, AN "ADMINISTRATIVE REQUIREMENT"
SHALL NOT INCLUDE REQUIREMENTS: (I) IMPOSED ON A HEALTH CARE PLAN OR
S. 7507 105 A. 9507
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.
§ 4. 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, BUT NOT WITH RESPECT
TO CASES AS SET FORTH IN SUBSECTION (A) OF THIS SECTION, an insurer or
organization 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 thirty 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 AND SHALL INCLUDE INTEREST ON THE
AMOUNT TO BE PAID IN ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION,
WHICH SHALL BE COMPUTED FROM 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.
§ 5. 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
S. 7507 106 A. 9507
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, INCLUDING ICD-10 GUIDELINES, and process the claim, INCLUDING
THE CORRECT CODING, in accordance with the timeframes set forth in
subsection (a) of this section. In the event the insurer, organization,
or corporation processes the claim consistent with its initial determi-
nation, such decision shall be accompanied by a statement of the insur-
er, organization or corporation setting forth the specific reasons why
the initial adjustment was appropriate. An insurer, organization, or
corporation that increases the payment based on the information submit-
ted by the general hospital, [but fails to do so in accordance 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. Noth-
ing in this subsection shall apply to those instances in which the
insurer or organization, or corporation has a reasonable suspicion of
fraud or abuse.
§ 6. 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 AND INSURANCE ELIGIBILITY
VERIFICATION. THE WORKGROUP SHALL REPORT ON ITS FINDINGS AND RECOMMENDA-
TIONS TO THE SUPERINTENDENT, THE COMMISSIONER OF HEALTH, THE SPEAKER OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS SUBSECTION.
§ 7. 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
S. 7507 107 A. 9507
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
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 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.
§ 8. 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 PROVIDED BY A HOSPITAL OR
SKILLED NURSING FACILITY, WITHIN ONE BUSINESS DAY OF RECEIPT OF THE
NECESSARY INFORMATION. To the extent practicable, such written notifi-
cation to the enrollee's health care provider shall be transmitted elec-
tronically, 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.
§ 9. 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 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
S. 7507 108 A. 9507
shall identify: (i) whether the services are considered in-network or
out-of-network; (ii) whether the insured will be held harmless for the
services and not be responsible for any payment, other than any applica-
ble 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.
§ 10. 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
external appeal process established pursuant to title two of this arti-
cle and the time frames for such external appeals.
§ 11. 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
S. 7507 109 A. 9507
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.
§ 12. 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, WHO
IS 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, AND WHOSE OTHER EMPLOYED PHYSI-
CIANS PARTICIPATE IN THE IN-NETWORK PORTION OF AN INSURER'S NETWORK,
SHALL BE DEEMED "PROVISIONALLY CREDENTIALED" AND MAY PARTICIPATE IN THE
IN-NETWORK PORTION OF AN INSURER'S NETWORK UPON: (A) THE INSURER'S
RECEIPT OF THE HOSPITAL AND PHYSICIAN'S COMPLETED SECTIONS OF THE INSUR-
ER'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 CREDENTIALED BY THE
INSURER. AN INSURER 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 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 THAT THE CREDENTIALED PHYSICIAN PROVIDED TO THE
INSURER'S INSUREDS FROM THE DATE THE PHYSICIAN FULLY MET THE REQUIRE-
MENTS TO BE PROVISIONALLY CREDENTIALED 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 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 REIMBURSE-
S. 7507 110 A. 9507
MENT 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.
§ 13. 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, WHO
IS 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, AND WHOSE OTHER EMPLOYED PHYSICIANS PARTIC-
IPATE 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 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 CREDEN-
TIALED BY THE HEALTH CARE PLAN. 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 OF THE MENTAL HYGIENE
LAW FOR THE SERVICE PROVIDED BY A PROVISIONALLY CREDENTIALED PHYSICIAN,
UNTIL AND UNLESS THE PHYSICIAN IS FULLY CREDENTIALED 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 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 PROFESSIONAL THAT EXCEED ANY OUT-OF-NETWORK
BENEFITS PAYABLE UNDER THE INSURED'S CONTRACT WITH THE HEALTH CARE PLAN;
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 COIN-
SURANCE OR DEDUCTIBLE AMOUNT THAT OTHERWISE WOULD HAVE BEEN PAYABLE HAD
THE INSURED RECEIVED SERVICES FROM A HEALTH CARE PROFESSIONAL PARTIC-
IPATING IN THE IN-NETWORK PORTION OF A HEALTH CARE PLAN'S NETWORK.
§ 14. 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:
S. 7507 111 A. 9507
(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 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.
§ 15. 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.
§ 16. Subsection (d) of section 605 of the financial services law is
REPEALED and subsection (e) is relettered subsection (d).
§ 17. 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:
§ 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.
§ 18. The civil practice law and rules is amended by adding a new
section 213-d to read as follows:
S. 7507 112 A. 9507
§ 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.
§ 19. This act shall take effect immediately; provided, however, that
sections one through eleven of this act shall apply to services
performed on or after January 1, 2021; and provided further, however,
that sections twelve and thirteen of this act shall apply to credential-
ing applications received on or after July 1, 2020.
PART K
Section 1. Paragraphs (n), (p) and (q) of subdivision 1 of section
2995-a of the public health law, as added by chapter 542 of the laws of
2000, are amended and three new paragraphs (r), (s) and (t) are added to
read as follows:
(n) (i) the location of the licensee's primary practice setting iden-
tified as such; [and]
(ii) [the names of any licensed physicians with whom the licensee
shares a group practice, as defined in subdivision five of section two
hundred thirty-eight of this chapter] HOURS OF OPERATION OF THE
LICENSEE'S PRIMARY PRACTICE SETTING;
(III) AVAILABILITY OF ASSISTIVE TECHNOLOGY AT THE LICENSEE'S PRIMARY
PRACTICE SETTING; AND
(IV) WHETHER THE LICENSEE IS ACCEPTING NEW PATIENTS;
(p) whether the licensee participates in the medicaid or medicare
program or any other state or federally financed health insurance
program; [and]
(q) health care plans with which the licensee has contracts, employ-
ment, or other affiliation[.] PROVIDED THAT THE REPORTING AND ACCURACY
OF SUCH INFORMATION SHALL NOT BE THE RESPONSIBILITY OF THE PHYSICIAN,
BUT SHALL BE INCLUDED AND UPDATED BY THE DEPARTMENT UTILIZING PROVIDER
NETWORK PARTICIPATION INFORMATION, OR OTHER RELIABLE SOURCES OF INFORMA-
TION SUBMITTED BY THE HEALTH CARE PLANS;
(R) THE PHYSICIAN'S WEBSITE AND SOCIAL MEDIA ACCOUNTS;
(S) THE NAMES OF ANY LICENSED PHYSICIANS WITH WHOM THE LICENSEE SHARES
A GROUP PRACTICE, AS DEFINED IN SUBDIVISION FIVE OF SECTION TWO HUNDRED
THIRTY-EIGHT OF THIS CHAPTER; AND
(T) WORKFORCE RESEARCH AND PLANNING INFORMATION AS DETERMINED BY THE
COMMISSIONER.
§ 2. Section 2995-a of the public health law is amended by adding a
new subdivision 1-b to read as follows:
1-B. (A) FOR THE PURPOSES OF THIS SECTION, A PHYSICIAN LICENSED AND
REGISTERED TO PRACTICE IN THIS STATE MAY AUTHORIZE A DESIGNEE TO REGIS-
TER, TRANSMIT, ENTER OR UPDATE INFORMATION ON HIS OR HER BEHALF,
PROVIDED THAT:
(I) THE DESIGNEE SO AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
(II) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH DESIGNEE
IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS;
(III) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE ACCURACY OF
THE INFORMATION PROVIDED AND FOR ANY FAILURE TO PROVIDE ACCURATE INFOR-
MATION; AND
(IV) THE PHYSICIAN SHALL NOTIFY THE DEPARTMENT UPON TERMINATING THE
AUTHORIZATION OF ANY DESIGNEE, IN A MANNER DETERMINED BY THE DEPARTMENT.
S. 7507 113 A. 9507
(B) THE COMMISSIONER SHALL GRANT ACCESS TO THE PROFILE IN A REASONABLY
PROMPT MANNER TO DESIGNEES AUTHORIZED BY PHYSICIANS AND ESTABLISH A
MECHANISM TO PREVENT DESIGNEES TERMINATED PURSUANT TO SUBPARAGRAPH (IV)
OF PARAGRAPH (A) OF THIS SUBDIVISION FROM ACCESSING THE PROFILE IN A
REASONABLY PROMPT MANNER FOLLOWING NOTIFICATION OF TERMINATION.
§ 3. Subdivision 4 of section 2995-a of the public health law, as
amended by section 3 of part A of chapter 57 of the laws of 2015, is
amended to read as follows:
4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of profiles
under this section which is not otherwise reasonably obtainable. In
addition to such periodic reports and providing the same information,
each physician shall update his or her profile information within the
six months prior to [the expiration date of such physician's registra-
tion period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
tion of registration renewal [under article one hundred thirty-one]
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR of the education law.
Except for optional information provided AND INFORMATION REQUIRED UNDER
SUBPARAGRAPH (IV) OF PARAGRAPH (N) AND PARAGRAPHS (Q) AND (T) OF SUBDI-
VISION ONE OF THIS SECTION, physicians shall notify the department of
any change in the profile information within thirty days of such change.
§ 4. Subdivision 6 of section 2995-a of the public health law, as
added by chapter 542 of the laws of 2000, is amended to read as follows:
6. A physician may elect to have his or her profile omit certain
information provided pursuant to paragraphs (K), (l), (m), [(n) and (q)]
(R) AND (S) of subdivision one of this section. INFORMATION PROVIDED
PURSUANT TO PARAGRAPH (T) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
OMITTED FROM A PHYSICIAN'S PROFILE AND SHALL BE EXEMPT FROM DISCLOSURE
UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. In collecting information
for such profiles and disseminating the same, the department shall
inform physicians that they may choose not to provide such information
required pursuant to paragraphs (K), (l), (m), [(n) and (q)] (R) AND (S)
of subdivision one of this section.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART L
Section 1. Subdivision 1 of section 6502 of the education law, as
amended by chapter 599 of the laws of 1996, is amended and two new
subdivisions 1-a and 1-b are added to read as follows:
1. [A] EXCEPT PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, A license
shall be valid during the life of the holder unless revoked, annulled or
suspended by the board of regents [or in the case of physicians, physi-
cians practicing under a limited permit, physician's assistants,
specialist's assistants and medical residents, the licensee is stricken
from the roster of such licensees by the board of regents on the order
of the state board for professional medical conduct in the department of
health. A licensee must register with the department and meet the
requirements prescribed in section 3-503 of the general obligations law
to practice in this state].
1-A. IN THE CASE OF PHYSICIANS, PHYSICIANS PRACTICING UNDER A LIMITED
PERMIT, PHYSICIAN ASSISTANTS, SPECIALIST ASSISTANTS AND MEDICAL RESI-
DENTS, A LICENSE SHALL BE VALID DURING THE LIFE OF THE HOLDER UNLESS:
S. 7507 114 A. 9507
(I) THE LICENSEE IS STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY THE
BOARD OF REGENTS ON THE ORDER OF THE STATE BOARD FOR PROFESSIONAL
MEDICAL CONDUCT IN THE DEPARTMENT OF HEALTH; OR
(II) THE LICENSEE HAS FAILED TO REGISTER WITH THE DEPARTMENT FOR TWO
CONSECUTIVE REGISTRATION PERIODS, IN WHICH CASE THE LICENSEE SHALL BE
IMMEDIATELY STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY THE BOARD OF
REGENTS.
1-B. A LICENSEE MUST REGISTER WITH THE DEPARTMENT AND MEET THE
REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW
TO PRACTICE IN THIS STATE.
§ 2. Section 6524 of the education law is amended by adding a new
subdivision 6-a to read as follows:
(6-A) FINGERPRINTS AND CRIMINAL HISTORY RECORD CHECK: CONSENT TO
SUBMISSION OF FINGERPRINTS FOR PURPOSES OF CONDUCTING A CRIMINAL HISTORY
RECORD CHECK. THE COMMISSIONER SHALL SUBMIT TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES TWO SETS OF FINGERPRINTS OF APPLICANTS FOR LICENSURE
PURSUANT TO THIS ARTICLE, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE IMPOSED BY THE
FEDERAL BUREAU OF INVESTIGATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION SHALL FORWARD SUCH
CRIMINAL HISTORY RECORD TO THE COMMISSIONER IN A TIMELY MANNER. FOR THE
PURPOSES OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN
A RECORD OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES
MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE FEDERAL BUREAU OF INVESTIGATION. ALL SUCH CRIMINAL HISTORY
RECORDS SENT TO THE COMMISSIONER PURSUANT TO THIS SUBDIVISION SHALL BE
CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE LAWS, RULES
AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO
PERSONS OTHER THAN THE COMMISSIONER, UNLESS OTHERWISE AUTHORIZED BY LAW;
§ 3. Paragraph (c) of subdivision 9 and subdivisions 20, 28, and 31 of
section 6530 of the education law, as added by chapter 606 of the laws
of 1991, are amended and a new subdivision 51 is added to read as
follows:
(c) Having been found guilty in an adjudicatory proceeding of violat-
ing a state or federal statute or regulation, pursuant to a final deci-
sion or determination, and when no appeal is pending, or after resol-
ution of the proceeding OR A COMPLAINT ALLEGING A VIOLATION OF A STATE
OR FEDERAL STATUTE OR REGULATION by stipulation or agreement, and when
the violation would constitute professional misconduct pursuant to this
section;
20. Conduct [in the practice of medicine] which evidences moral unfit-
ness to practice medicine;
28. Failing to respond within [thirty] TEN days to written communi-
cations from the department of health and to make available any relevant
records with respect to an inquiry or complaint about the licensee's
professional misconduct. The period of [thirty] TEN days shall commence
on the date when such communication was delivered personally to the
licensee. If the communication is sent from the department of health by
registered or certified mail, with return receipt requested, to the
address appearing in the last registration, the period of [thirty] TEN
days shall commence on the date of delivery to the licensee, as indi-
cated by the return receipt;
31. Willfully harassing, abusing, or intimidating a patient [either]
OR A PATIENT'S CAREGIVER OR SURROGATE physically or verbally;
S. 7507 115 A. 9507
51. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO NOTIFY THE DEPARTMENT OF
HEALTH WITHIN TWENTY-FOUR HOURS OF HAVING BEEN CHARGED WITH A CRIME IN
ANY JURISDICTION OR OF ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL
MISCONDUCT SET FORTH IN SUBDIVISION NINE OF THIS SECTION.
§ 4. Section 6532 of the education law, as added by chapter 606 of the
laws of 1991, is amended to read as follows:
§ 6532. Enforcement, administration and interpretation of this arti-
cle. The board [of] FOR professional medical conduct and the department
of health shall enforce, administer and interpret this article. Before
issuing a declaratory ruling pursuant to section two hundred four of the
state administrative procedure act with respect to this article, the
department of health shall fully consult with the department of educa-
tion. [Neither the commissioner of education, the board of regents nor
the] THE commissioner of health may promulgate any rules or regulations
concerning this article.
§ 5. Subdivision 4 of section 206 of the public health law, as amended
by chapter 602 of the laws of 2007, is amended to read as follows:
4. The commissioner may:
(a) issue subpoenas, compel the attendance of witnesses and compel
them to testify in any matter or proceeding before him, and may also
require a witness to attend and give testimony in a county where he
resides or has a place of business without the payment of any fees;
(b) REQUIRE, IN WRITING, THE PRODUCTION OF ANY AND ALL RELEVANT DOCU-
MENTS IN THE POSSESSION OR CONTROL OF AN INDIVIDUAL OR ENTITY SUBJECT TO
AN INVESTIGATION OR INQUIRY UNDER THIS CHAPTER. UNLESS A SHORTER PERIOD
IS SPECIFIED IN SUCH WRITING, AS DETERMINED FOR GOOD CAUSE BY THE
COMMISSIONER, THE REQUIRED DOCUMENTS SHALL BE PRODUCED NO LATER THAN TEN
DAYS AFTER THE DELIVERY OF THE WRITING. FAILURE BY THE SUBJECT INDIVID-
UAL OR ENTITY TO PRODUCE TO THE DEPARTMENT THE REQUIRED DOCUMENTS WITHIN
THE TEN DAY OR OTHERWISE SPECIFIED PERIOD SHALL BE A VIOLATION OR FAIL-
URE WITHIN THE MEANING OF PARAGRAPH (D) OF THIS SUBDIVISION. EACH ADDI-
TIONAL DAY OF NON-PRODUCTION SHALL BE A SEPARATE VIOLATION OR FAILURE;
(C) annul or modify an order, regulation, by-law or ordinance of a
local board of health concerning a matter which in his judgment affects
the public health beyond the territory over which such local board of
health has jurisdiction;
[(c)] (D) assess any penalty prescribed for a violation of or a fail-
ure to comply with any term or provision of this chapter or of any
lawful notice, order or regulation pursuant thereto, not exceeding two
thousand dollars for every such violation or failure, which penalty may
be assessed after a hearing or an opportunity to be heard;
[(d)] (E) assess civil penalties against a public water system which
provides water to the public for human consumption through pipes or
other constructed conveyances, as further defined in the state sanitary
code or, in the case of mass gatherings, the person who holds or
promotes the mass gathering as defined in subdivision five of section
two hundred twenty-five of this article not to exceed twenty-five thou-
sand dollars per day, for each violation of or failure to comply with
any term or provision of the state sanitary code as it relates to public
water systems that serve a population of five thousand or more persons
or any mass gatherings, which penalty may be assessed after a hearing or
an opportunity to be heard; AND
(F) SEEK TO OBTAIN A WARRANT BASED ON PROBABLE CAUSE THAT A LICENSEE
HAS COMMITTED PROFESSIONAL MISCONDUCT OR A CRIME FROM A JUDICIAL OFFICER
AUTHORIZED TO ISSUE A WARRANT. SUCH WARRANT SHALL AUTHORIZE THE COMMIS-
SIONER AND ANY PERSON AUTHORIZED BY HIM TO HAVE THE AUTHORITY TO INSPECT
S. 7507 116 A. 9507
ALL GROUNDS, ERECTIONS, VEHICLES, STRUCTURES, APARTMENTS, BUILDINGS,
PLACES AND THE CONTENTS THEREIN AND TO REMOVE ANY BOOKS, RECORDS,
PAPERS, DOCUMENTS, COMPUTERS, ELECTRONIC DEVICES AND OTHER PHYSICAL
OBJECTS.
§ 6. Subdivision 1 of section 230 of the public health law, as amended
by chapter 537 of the laws of 1998, is amended to read as follows:
1. A state board for professional medical conduct is hereby created in
the department in matters of professional misconduct as defined in
sections sixty-five hundred thirty and sixty-five hundred thirty-one of
the education law. Its physician members shall be appointed by the
commissioner at least eighty-five percent of whom shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide specialty societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Its lay members shall be appointed by the
commissioner with the approval of the governor. The board of regents
shall also appoint twenty percent of the members of the board. Not less
than sixty-seven percent of the members appointed by the board of
regents shall be physicians. Not less than eighty-five percent of the
physician members appointed by the board of regents shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide medical societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Any failure to meet the percentage thresholds
stated in this subdivision shall not be grounds for invalidating any
action by or on authority of the board for professional medical conduct
or a committee or a member thereof. The board for professional medical
conduct shall consist of not fewer than eighteen physicians licensed in
the state for at least five years, two of whom shall be doctors of
osteopathy, not fewer than two of whom shall be physicians who dedicate
a significant portion of their practice to the use of non-conventional
medical treatments who may be nominated by New York state medical asso-
ciations dedicated to the advancement of such treatments, at least one
of whom shall have expertise in palliative care, and not fewer than
seven lay members. An executive secretary shall be appointed by the
chairperson and shall be a licensed physician. Such executive secretary
shall not be a member of the board, shall hold office at the pleasure
of, and shall have the powers and duties assigned and the annual salary
fixed by[, the chairperson. The chairperson shall also assign such
secretaries or other persons to the board as are necessary] THE COMMIS-
SIONER.
§ 7. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
10 of section 230 of the public health law, as amended by chapter 477 of
the laws of 2008, is amended to read as follows:
(C) If the director determines that the matter shall be submitted to
an investigation committee, an investigation committee shall be convened
[within ninety days of any interview of the licensee]. The director
shall present the investigation committee with relevant documentation
including, but not limited to: (1) a copy of the original complaint; (2)
the report of the interviewer and the stenographic record if one was
taken; (3) the report of any medical or scientific expert; (4) copies of
reports of any patient record reviews; and (5) the licensee's
submissions.
S. 7507 117 A. 9507
§ 8. Subparagraph (v) of paragraph (a) of subdivision 10 of section
230 of the public health law, as amended by chapter 477 of the laws of
2008, is amended to read as follows:
(v) The files of the office of professional medical conduct relating
to the investigation of possible instances of professional misconduct
shall be confidential and not subject to disclosure at the request of
any person, except as provided by law in a pending disciplinary action
or proceeding. The provisions of this paragraph shall not prevent the
office from sharing information concerning investigations within the
department and, pursuant to subpoena, with other duly authorized public
agencies responsible for professional regulation or criminal prose-
cution. Nothing in this subparagraph shall affect the duties of notifi-
cation set forth in subdivision nine-a of this section or prevent the
publication of charges or of the findings, conclusions, determinations,
or order of a hearing committee pursuant to paragraphs (d) or (g) of
this subdivision. In addition, the commissioner may, IN HIS OR HER SOLE
DISCRETION, disclose [the] ANY information [when, in his or her profes-
sional judgment, disclosure of such information would avert or minimize
a public health threat] RELATING TO THE INVESTIGATION OF POSSIBLE
INSTANCES OF PROFESSIONAL MISCONDUCT. Any such disclosure shall not
affect the confidentiality of other information in the files of the
office of professional medical conduct related to the investigation.
§ 9. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10 of
section 230 of the public health law, as amended by chapter 477 of the
laws of 2008, are amended to read as follows:
(i) A copy of the charges and the notice of the hearing shall be
served on the licensee EITHER: (A) personally [by the board] at least
thirty days before the hearing[.]; (B) [If personal service cannot be
made after due diligence and such fact is certified under oath, a copy
of the charges and the notice of hearing shall be served] by registered
or certified mail to the licensee's [last known] CURRENT RESIDENTIAL OR
PRACTICE address [by the board] MAILED at least fifteen days before the
hearing; (C) BY REGISTERED OR CERTIFIED MAIL TO THE LICENSEE'S MOST
RECENT MAILING ADDRESS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THE
EDUCATION LAW OR THE LICENSEE'S MOST RECENT MAILING ADDRESS ON FILE WITH
THE DEPARTMENT OF EDUCATION PURSUANT TO THE NOTIFICATION REQUIREMENT SET
FORTH IN SUBDIVISION FIVE OF SUCH SECTION, MAILED AT LEAST FORTY-FIVE
DAYS BEFORE THE HEARING; OR (D) BY FIRST CLASS MAIL TO AN ATTORNEY,
LICENSED TO PRACTICE IN THE STATE, WHO HAS APPEARED ON BEHALF OF THE
LICENSEE AND WHO HAS BEEN PROVIDED WITH WRITTEN AUTHORIZATION OF THE
LICENSEE TO ACCEPT SERVICE, MAILED AT LEAST THIRTY DAYS BEFORE THE HEAR-
ING.
(ii) The charges shall be made public, consistent with subparagraph
(iv) of paragraph (a) of this subdivision, [no earlier than five busi-
ness days] IMMEDIATELY after they are served, and the charges shall be
accompanied by a statement advising the licensee that such publication
will occur; [provided, however, that] charges may be made public imme-
diately upon issuance of the commissioner's order in the case of summary
action taken pursuant to subdivision twelve of this section and no prior
notification of such publication need be made to the licensee.
§ 10. Subparagraph (ii) of paragraph (m) of subdivision 10 of section
230 of the public health law, as amended by chapter 606 of the laws of
1991, is amended to read as follows:
(ii) Administrative warning and consultation. If the director of the
office of professional medical conduct, after obtaining the concurrence
of a majority of a committee on professional conduct, and after consul-
S. 7507 118 A. 9507
tation with the executive secretary, determines that there is substan-
tial evidence of professional misconduct of a minor or technical nature
or of substandard medical practice which does not constitute profes-
sional misconduct, the director may issue an administrative warning
and/or provide for consultation with a panel of one or more experts,
chosen by the director. Panels of one or more experts may include, but
shall not be limited to, a peer review committee of a county medical
society or a specialty board. Administrative warnings and consultations
shall be [confidential and] MADE PUBLIC, BUT shall not constitute an
adjudication of guilt or be used as evidence that the licensee is guilty
of the alleged misconduct. However, in the event of a further allegation
of similar misconduct by the same licensee, the matter may be reopened
and further proceedings instituted as provided in this section.
§ 11. Paragraph (p) of subdivision 10 of section 230 of the public
health law, as amended by chapter 599 of the laws of 1996, is amended to
read as follows:
(p) Convictions of crimes or administrative violations. EXCEPT FOR
GOOD CAUSE SHOWN, A LICENSEE SHALL NOTIFY THE DEPARTMENT WITHIN TWENTY-
FOUR HOURS OF HAVING BEEN CHARGED WITH A CRIME IN ANY JURISDICTION OR OF
ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL MISCONDUCT SET FORTH
IN SUBDIVISION NINE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THE EDUCA-
TION LAW. In cases of professional misconduct based solely upon a
violation of subdivision nine of section sixty-five hundred thirty of
the education law, the director may direct that charges be prepared and
served and may refer the matter to a committee on professional conduct
for its review and report of findings, conclusions as to guilt, and
determination. In such cases, the notice of hearing shall state that the
licensee shall file a written answer to each of the charges and allega-
tions in the statement of charges no later than ten days prior to the
hearing, and that any charge or allegation not so answered shall be
deemed admitted, that the licensee may wish to seek the advice of coun-
sel prior to filing such answer that the licensee may file a brief and
affidavits with the committee on professional conduct, that the licensee
may appear personally before the committee on professional conduct, may
be represented by counsel and may present evidence or sworn testimony in
his or her behalf, and the notice may contain such other information as
may be considered appropriate by the director. The department may also
present evidence or sworn testimony and file a brief at the hearing. A
stenographic record of the hearing shall be made. Such evidence or sworn
testimony offered to the committee on professional conduct shall be
strictly limited to evidence and testimony relating to the nature and
severity of the penalty to be imposed upon the licensee. Where the
charges are based on the conviction of state law crimes in other juris-
dictions, evidence may be offered to the committee which would show that
the conviction would not be a crime in New York state. The committee on
professional conduct may reasonably limit the number of witnesses whose
testimony will be received and the length of time any witness will be
permitted to testify. The determination of the committee shall be served
upon the licensee and the department in accordance with the provisions
of paragraph (h) of this subdivision. A determination pursuant to this
subdivision may be reviewed by the administrative review board for
professional medical conduct.
§ 12. Subdivision 12 of section 230 of the public health law, as
amended by chapter 627 of the laws of 1996, paragraph (a) as amended by
chapter 477 of the laws of 2008 and paragraph (b) as amended by section
S. 7507 119 A. 9507
3 of part CC of chapter 57 of the laws of 2018, is amended to read as
follows:
12. Summary action. (a) Whenever the commissioner, (i) after being
presented with information indicating that a licensee is causing, engag-
ing in or maintaining a condition or activity which has resulted in the
transmission or suspected transmission, or is likely to lead to the
transmission, of communicable disease as defined in the state sanitary
code or HIV/AIDS, by the state and/or a local health department and if
in the commissioner's opinion it would be prejudicial to the interests
of the people to delay action until an opportunity for a hearing can be
provided in accordance with the prehearing and hearing provisions of
this section; [or] (ii) AFTER REQUIRING THAT A LICENSEE PRODUCE DOCU-
MENTS IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED SIX OF
THIS CHAPTER, AND SUCH LICENSEE HAS FAILED TO PRODUCE THE REQUIRED DOCU-
MENTS WITHIN TEN DAYS, OR WITHIN SUCH SHORTER PERIOD AS MAY HAVE BEEN
SPECIFIED IN THE COMMISSIONER'S WRITTEN DEMAND FOR DOCUMENTS; OR (III)
after an investigation and a recommendation by a committee on profes-
sional conduct of the state board for professional medical conduct,
based upon a determination that a licensee is causing, engaging in or
maintaining a condition or activity which in the commissioner's opinion
[constitutes an imminent danger] PRESENTS A RISK to the health of the
people, and that it therefore appears to be prejudicial to the interests
of the people to delay action until an opportunity for a hearing can be
provided in accordance with the prehearing and hearing provisions of
this section; the commissioner may order the licensee, by written
notice, to discontinue such dangerous condition or activity or take
certain action immediately and for a period of [ninety] ONE HUNDRED
TWENTY days from the date of service of the order. Within [ten] THIRTY
days from the date of service of the said order, the state board for
professional medical conduct shall commence and regularly schedule such
hearing proceedings as required by this section, provided, however, that
the hearing shall be completed within [ninety] ONE HUNDRED TWENTY days
of the date of service of the order. To the extent that the issue of
[imminent danger] RISK TO THE HEALTH OF THE PEOPLE can be proven without
the attorney representing the office of professional medical conduct
putting in its entire case, the committee of the board shall first
determine whether by a preponderance of the evidence the licensee is
causing, engaging in or maintaining a condition or activity which
[constitutes an imminent danger] PRESENTS A RISK to the health of the
people. The attorney representing the office of professional medical
conduct shall have the burden of going forward and proving by a prepon-
derance of the evidence that the licensee's condition, activity or prac-
tice [constitutes an imminent danger] PRESENTS A RISK to the health of
the people. The licensee shall have an opportunity to be heard and to
present proof. When both the office and the licensee have completed
their cases with respect to the question of [imminent danger] RISK TO
THE HEALTH OF THE PEOPLE, the committee shall promptly make a recommen-
dation to the commissioner on the issue of [imminent danger] RISK TO THE
HEALTH OF THE PEOPLE and determine whether the summary order should be
left in effect, modified or vacated, and continue the hearing on all the
remaining charges, if any, in accordance with paragraph (f) of subdivi-
sion ten of this section. Within ten days of the committee's recommenda-
tion, the commissioner shall determine whether or not to adopt the
committee's recommendations, in whole or in part, and shall leave in
effect, modify or vacate his summary order. The state board for profes-
sional medical conduct shall make every reasonable effort to avoid any
S. 7507 120 A. 9507
delay in completing and determining such proceedings. If, at the conclu-
sion of the hearing, (i) the hearing committee of the board finds the
licensee guilty of one or more of the charges which are the basis for
the summary order, (ii) the hearing committee determines that the summa-
ry order continue, and (iii) the ninety day term of the order has not
expired, the summary order shall remain in full force and effect until a
final decision has been rendered by the committee or, if review is
sought, by the administrative review board. A summary order shall be
public upon issuance.
(b) When a licensee has pleaded or been found guilty or convicted of
committing an act constituting a felony under New York state law or
federal law, or the law of another jurisdiction which, if committed
within this state, would have constituted a felony under New York state
law, or when a licensee has been charged with committing an act consti-
tuting a felony under New York state or federal law or the law of anoth-
er jurisdiction, where the licensee's alleged conduct, which, if commit-
ted within this state, would have constituted a felony under New York
state law, and [in the commissioner's opinion the licensee's alleged
conduct constitutes an imminent danger] WHERE THE LICENSEE'S ALLEGED
CONDUCT MAY PRESENT A RISK to the health of the people, or when the duly
authorized professional disciplinary agency of another jurisdiction has
made a finding substantially equivalent to a finding that the practice
of medicine by the licensee in that jurisdiction [constitutes an immi-
nent danger] PRESENTS A RISK to the health of its people, or when a
licensee has been disciplined by a duly authorized professional disci-
plinary agency of another jurisdiction for acts which if committed in
this state would have constituted the basis for summary action by the
commissioner pursuant to paragraph (a) of this subdivision, the commis-
sioner, after a recommendation by a committee of professional conduct of
the state board for professional medical conduct, may order the licen-
see, by written notice, to discontinue or refrain from practicing medi-
cine in whole or in part or to take certain actions authorized pursuant
to this title immediately. The order of the commissioner shall consti-
tute summary action against the licensee and become public upon issu-
ance. The summary suspension shall remain in effect until the final
conclusion of a hearing which shall commence within ninety days of the
date of service of the commissioner's order, end within [ninety] ONE
HUNDRED EIGHTY days thereafter and otherwise be held in accordance with
paragraph (a) of this subdivision, provided, however, that when the
commissioner's order is based upon a finding substantially equivalent to
a finding that the practice of medicine by the licensee in another
jurisdiction [constitutes an imminent danger] PRESENTS A RISK to the
health of its people, the hearing shall commence within thirty days
after the disciplinary proceedings in that jurisdiction are finally
concluded. If, at any time, the felony charge is dismissed, withdrawn or
reduced to a non-felony charge, the commissioner's summary order shall
terminate.
§ 13. Paragraph (a) of subdivision 1 of section 2803-e of the public
health law, as amended by chapter 294 of the laws of 1985, is amended to
read as follows:
(a) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty days of
the occurrence of any of the following: the suspension, restriction,
termination or curtailment of the training, employment, association or
professional privileges or the denial of the certification of completion
of training of an individual licensed pursuant to the provisions of
S. 7507 121 A. 9507
title eight of the education law or of a medical resident with such
facility for reasons related in any way to alleged mental or physical
impairment, incompetence, malpractice or misconduct or impairment of
patient safety or welfare; the voluntary or involuntary resignation or
withdrawal of association or of privileges with such facility to avoid
the imposition of disciplinary measures; NOTIFICATION BY THE HOSPITAL OR
FACILITY, TO ANY ENTITY PROVIDING PERSONNEL TO PERFORM PROFESSIONAL
SERVICES TO SUCH HOSPITAL OR FACILITY, THAT THE ENTITY SHALL NOT ASSIGN
A PARTICULAR INDIVIDUAL TO PROVIDE SUCH SERVICES TO THE HOSPITAL OR
FACILITY, FOR REASONS RELATED IN ANY WAY TO ALLEGED MENTAL OR PHYSICAL
IMPAIRMENT, INCOMPETENCE, MALPRACTICE OR MISCONDUCT OR IMPAIRMENT OF
PATIENT SAFETY OR WELFARE; or the receipt of information which indicates
that any professional licensee or medical resident has been convicted of
a crime; the denial of staff privileges to a physician if the reasons
stated for such denial are related to alleged mental or physical impair-
ment, incompetence, malpractice, misconduct or impairment of patient
safety or welfare.
§ 14. 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 M
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 twenty-four new paragraphs 58, 59, 60,
61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78,
79, 80 and 81 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.
(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.
S. 7507 122 A. 9507
(68) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE. OTHER NAME:
VALERYL FENTANYL.
(69) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER
NAME: PARA-FLUOROBUTYRYLFENTANYL.
(70) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL.
(71) N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL.
(72) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE. OTHER NAME:
ISOBUTYRYL FENTANYL.
(73) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
OTHER NAME: CYCLOPENTYL FENTANYL.
(74) N-(2-FLUOROPHENYL)-2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAM-
IDE. OTHER NAME: OCFENTANIL.
(75) 1-CYCLOHEXYL-4-(1,2-DIPHENYLETHYL)PIPERAZINE. OTHER NAME: MT-45.
(76) N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL)PROPION-
AMIDE. SOME TRADE OR OTHER NAMES: 2'-FLUORO ORTHO-FLUOROFENTANYL.
(77) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE. SOME
TRADE OR OTHER NAMES: ORTHO-METHYL ACETYLFENTANYL.
(78) N-(1-PHENETHYLPIPERIDIN-4-YL)-N,3-DIPHENYLPROPANAMIDE. SOME
TRADE OR OTHER NAMES: BETA'-PHENYL FENTANYL; HYDROCINNAMOYL FENTANYL.
(79) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE.
SOME TRADE OR OTHER NAMES: THIOFURANYL FENTANYL.
(80) (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE. SOME
TRADE OR OTHER NAMES: CROTONYL FENTANYL.
(81) FENTANYL-RELATED SUBSTANCES, THEIR ISOMERS, ESTERS, ETHERS, SALTS
AND SALTS OF ISOMERS, ESTERS AND ETHERS. FENTANYL-RELATED SUBSTANCE
MEANS ANY SUBSTANCE NOT OTHERWISE LISTED IN THIS SECTION, THAT IS STRUC-
TURALLY RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICA-
TIONS:
(I) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL GROUP BY ANY
MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
(II) SUBSTITUTION IN OR ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(III) SUBSTITUTION IN OR ON THE PIPERIDINE RING WITH ALKYL, ALKENYL,
ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(IV) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE
WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYCLE;
AND/OR
(V) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
§ 3. Subdivision (c) of schedule II of section 3306 of the public
health law is amended by adding two new paragraphs 29 and 30 to read as
follows:
(29) THIAFENTANIL.
(30) NORFENTANYL.
§ 4. Section 3308 of the public health law is amended by adding a new
subdivision 7 to read as follows:
7. THE COMMISSIONER MAY, BY REGULATION, CLASSIFY AS A SCHEDULE I
CONTROLLED SUBSTANCE IN SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS
ARTICLE ANY SUBSTANCE LISTED IN SCHEDULE I OF THE FEDERAL SCHEDULES OF
CONTROLLED SUBSTANCES IN 21 USC § 812 OR 21 CFR § 1308.11.
§ 5. 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
S. 7507 123 A. 9507
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.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.
PART N
Section 1. The public health law is amended by adding a new section
2803-z to read as follows:
§ 2803-Z. 1. EVERY GENERAL HOSPITAL AND NURSING HOME SHALL ESTABLISH
AND IMPLEMENT AN ANTIBIOTIC STEWARDSHIP PROGRAM THAT MEETS OR EXCEEDS
FEDERAL MEDICARE AND MEDICAID CONDITIONS OF PARTICIPATION FOR ANTIMICRO-
BIAL STEWARDSHIP PROGRAMS IN HEALTH CARE FACILITIES. ADDITIONALLY, SUCH
PROGRAM SHALL INCORPORATE AN ONGOING PROCESS TO MEASURE THE IMPACT OF
THE PROGRAM, INCLUDING REVIEW, AT LEAST ANNUALLY, OF ANTIMICROBIAL
UTILIZATION DATA WITH DEVELOPMENT OF RESPONSE PLANS FOR HIGH OR INCREAS-
ING UTILIZATION.
2. EVERY GENERAL HOSPITAL AND NURSING HOME SHALL ESTABLISH AND IMPLE-
MENT TRAINING REGARDING ANTIMICROBIAL RESISTANCE AND INFECTION
PREVENTION AND CONTROL, OR ENSURE THAT SUCH TRAINING HAS TAKEN PLACE, IN
ADDITION TO OR WITHIN EXISTING INFECTION CONTROL TRAINING PROGRAMS, FOR
ALL INDIVIDUALS LICENSED OR CERTIFIED PURSUANT TO TITLE EIGHT OF THE
EDUCATION LAW WHO PROVIDE DIRECT PATIENT CARE.
3. THE COMMISSIONER SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect on the one hundred eightieth 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 O
Section 1. Subdivisions 1, 4-b, and 7 of section 2805-i of the public
health law, subdivision 1 as amended by section 1 of part HH of chapter
57 of the laws of 2018, paragraph (c) of subdivision 1 as amended by
chapter 681 of the laws of 2019, subdivisions 4-b and 7 as added by
chapter 1 of the laws of 2000, subparagraph 1 of paragraph (b) and para-
graph (c) of subdivision 4-b as amended by chapter 292 of the laws of
2008, and subdivision 7 as renumbered by chapter 407 of the laws of
2018, are amended to read as follows:
1. [Every] WHEN AN ALLEGED VICTIM OF A SEXUAL OFFENSE SEEKS SERVICES
FROM A HOSPITAL WITH AN EMERGENCY DEPARTMENT, SUCH hospital [providing
treatment to alleged victims of a sexual offense] shall be responsible
for:
(a) maintaining sexual offense evidence and the chain of custody as
provided in subdivision two of this section;
(b) contacting a rape crisis or victim assistance organization, if
any, providing victim assistance to the geographic area served by that
hospital to establish the coordination of non-medical services to sexual
offense victims who request such coordination and services;
(c) offering and making available appropriate HIV post-exposure treat-
ment therapies; including a full regimen of HIV post-exposure prophylax-
is, in cases where it has been determined, in accordance with guidelines
S. 7507 124 A. 9507
issued by the commissioner, that a significant exposure to HIV has
occurred. With the consent of the victim of a sexual assault, the hospi-
tal emergency room department shall provide or arrange for an appoint-
ment for medical follow-up related to HIV post-exposure prophylaxis and
other care as appropriate, and inform the victim that payment assistance
for such care may be available from the office of victim services pursu-
ant to the provisions of article twenty-two of the executive law; [and]
(d) ensuring sexual assault survivors are not billed for sexual
assault forensic exams and are notified orally and in writing of the
option to decline to provide private health insurance information and
have the office of victim services reimburse the hospital for the exam
pursuant to subdivision thirteen of section six hundred thirty-one of
the executive law[.];
(E) ENSURING THAT THE VICTIM, ABSENT EXIGENT CIRCUMSTANCES, IS MET BY
A SEXUAL ASSAULT FORENSIC EXAMINER WITHIN SIXTY MINUTES OF ARRIVING AT
THE HOSPITAL AND THAT THE VICTIM, UPON CONSENT, IS PROMPTLY EXAMINED BY
SUCH SEXUAL ASSAULT FORENSIC EXAMINER IN A PRIVATE ROOM DESIGNATED FOR
SUCH EXAMINATIONS;
(1) THE TERM EXAMINATION MEANS THE SEXUAL ASSAULT MEDICAL FORENSIC
EXAMINATION, WHICH MAY INCLUDE, UPON CONSENT OF THE VICTIM, GATHERING
INFORMATION FROM THE VICTIM FOR THE MEDICAL FORENSIC HISTORY; A MEDICAL
EXAMINATION; COORDINATING TREATMENT OF INJURIES, DOCUMENTATION OF
BIOLOGICAL AND PHYSICAL FINDINGS, AND COLLECTION OF EVIDENCE FROM THE
VICTIM USING THE SEXUAL OFFENSE EVIDENCE COLLECTION KIT; DOCUMENTATION
OF FINDINGS; INFORMATION, TREATMENT, AND REFERRALS FOR SEXUALLY TRANS-
MITTED INFECTIONS, PREGNANCY, SUICIDAL IDEATION, ALCOHOL AND SUBSTANCE
ABUSE, AND OTHER NONACUTE MEDICAL CONCERNS; AND ASSESSMENT FOR ADDI-
TIONAL TREATMENT AND SERVICES.
(2) THE SEXUAL ASSAULT FORENSIC EXAMINER SHALL BE A NURSE PRACTITION-
ER, PHYSICIAN ASSISTANT, REGISTERED NURSE OR PHYSICIAN SPECIALLY TRAINED
AND CERTIFIED IN FORENSIC EXAMINATION OF SEXUAL OFFENSE VICTIMS AND THE
PRESERVATION OF FORENSIC EVIDENCE IN SUCH CASES, PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER. A SEXUAL ASSAULT FORENSIC EXAMINER
SHALL BE AVAILABLE ON A TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE
YEAR.
(3) DURING THE EXAMINATION, AN OBSTETRICIAN/GYNECOLOGIST OR OTHER
APPROPRIATE MEDICAL DOCTOR SHALL BE READILY AVAILABLE TO THE FORENSIC
EXAMINER IF THERE IS A NEED FOR MORE SPECIALIZED MEDICAL EVALUATION OR
TREATMENT.
(4) PROMPTLY AFTER THE EXAMINATION IS COMPLETED, THE VICTIM SHALL BE
PERMITTED TO SHOWER, BE PROVIDED WITH A CHANGE OF CLOTHING, AND RECEIVE
FOLLOW-UP INFORMATION, COUNSELING, MEDICAL TREATMENT AND REFERRALS FOR
SAME;
(F) DESIGNATING A QUALIFIED STAFF PERSON TO EXERCISE ADMINISTRATIVE
AND CLINICAL OVERSIGHT OF THE TREATMENT OF SEXUAL ASSAULT PATIENTS WHO
SEEK CARE IN THE HOSPITAL'S EMERGENCY DEPARTMENT, AND DEVELOP POLICIES
AND PROCEDURES TO GUARANTEE SUFFICIENT STAFFING TO MEET THE REQUIREMENTS
OF THIS SECTION;
(G) ENSURING THAT ALL EMERGENCY DEPARTMENT PERSONNEL RECEIVE TRAINING
REGARDING STANDARDS OF CARE FOR ASSESSMENT AND TREATMENT OF VICTIMS OF
SEXUAL ASSAULT. SUCH TRAINING SHALL BE PROVIDED BY OCTOBER FIRST, TWO
THOUSAND TWENTY AND AT LEAST ANNUALLY THEREAFTER;
(H) BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-ONE, AND ANNUALLY THER-
EAFTER, HOSPITALS WITH AN EMERGENCY DEPARTMENT SHALL PROVIDE AN ATTESTA-
TION TO THE DEPARTMENT, WHICH SHALL:
S. 7507 125 A. 9507
(1) DETAIL THE NUMBER OF DULY TRAINED AND CERTIFIED SEXUAL ASSAULT
FORENSIC EXAMINERS AVAILABLE TO THE HOSPITAL, PURSUANT TO PARAGRAPH (E)
OF THIS SUBDIVISION;
(2) LIST THE NAME AND CONTACT INFORMATION OF THE STAFF PERSON WHO HAS
BEEN DESIGNATED BY THE HOSPITAL TO OVERSEE THE TREATMENT OF SEXUAL
ASSAULT PATIENTS, PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION; AND
(3) AFFIRM THAT THE HOSPITAL HAS COMPLETED TRAININGS REGARDING STAND-
ARDS OF CARE FOR ASSESSMENT AND TREATMENT OF VICTIMS OF SEXUAL ASSAULT,
PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION; AND
(I) A HOSPITAL WITHOUT AN EMERGENCY DEPARTMENT SHALL ESTABLISH A
PROTOCOL FOR THE TRANSFER OF SEXUAL ASSAULT VICTIMS TO A HOSPITAL WITH
AN EMERGENCY DEPARTMENT. THE PROTOCOL MUST ADDRESS ALL PATIENT NEEDS,
INCLUDING, BUT NOT LIMITED TO:
(1) REQUIREMENTS TO OBTAIN CONSENT FROM THE SEXUAL ASSAULT VICTIM FOR
THE TRANSFER;
(2) MEASURES TO ENSURE MINIMAL DELAY IN CARE;
(3) PROCEDURES TO PREVENT LOSS OF EVIDENCE; AND
(4) PROTOCOLS FOR PROVIDING CARE IF THE SEXUAL ASSAULT VICTIM DECLINES
A TRANSFER TO A HOSPITAL WITH AN EMERGENCY DEPARTMENT. SUCH A PROTOCOL
MAY INCLUDE HAVING A SEXUAL ASSAULT FORENSIC EXAMINER COME TO THE HOSPI-
TAL.
[4-b. (a) The commissioner shall, with the consent of the directors of
interested hospitals in the state and in consultation with the commis-
sioner of the division of criminal justice services, designate hospitals
in the state as the sites of a twenty-four hour sexual assault forensic
examiner program. The hospital sites shall be designated in urban,
suburban and rural areas to give as many state residents as possible
ready access to the sexual assault forensic examiner program. The
commissioner, in consultation with the commissioner of the division of
criminal justice services, shall consider the following criteria when
designating these sexual assault forensic examiner program sites:
(1) the location of the hospital;
(2) the hospital's capacity to provide on-site comprehensive medical
services to victims of sexual offenses;
(3) the capacity of the hospital site to coordinate services for
victims of sexual offenses including medical treatment, rape crisis
counseling, psychological support, law enforcement assistance and foren-
sic evidence collection;
(4) the hospital's capacity to provide access to the sexual assault
forensic examiner site for disabled victims;
(5) the hospital's existing services for victims of sexual offenses;
(6) the capacity of the hospital site to collect uniform data and
insure confidentiality of such data; and
(7) the hospital's compliance with state and federally mandated stand-
ards of medical care.
(b) Each sexual assault forensic examiner program site designated
pursuant to this subdivision shall comply with the requirements of
subdivisions one, two and three of this section, and shall also provide
treatment to the victim as follows:
(1) The victim shall, absent exigent circumstances, be met by a sexual
assault forensic examiner within sixty minutes of arriving at the hospi-
tal, who shall be a nurse practitioner, physician assistant, registered
nurse or physician specially trained in forensic examination of sexual
offense victims and the preservation of forensic evidence in such cases
and certified as qualified to provide such services pursuant to regu-
lations promulgated by the commissioner. Such program shall assure that
S. 7507 126 A. 9507
such a specially-trained forensic examiner is on-call and available on a
twenty-four hour a day basis every day of the year.
(2) An examination of the victim shall be performed promptly by such
forensic examiner in a private room designated for such examinations. An
obstetrician/gynecologist or other appropriate medical doctor shall be
readily available to the forensic examiner if there is a need for more
specialized medical evaluation or treatment.
(3) Promptly after the examination is completed, the victim shall be
permitted to shower, be provided with a change of clothing, and receive
follow-up information, counseling, medical treatment and referrals for
same.
(c) Nothing in this subdivision shall affect the existence or contin-
ued existence of any program in this state through which a trained nurse
practitioner, physician assistant, registered nurse or physician is
providing appropriate forensic examinations and related services to
survivors of sexual assault.]
7. On or before November thirtieth, two thousand [two] TWENTY-THREE,
the commissioner shall make a report to the governor, the temporary
president of the senate and the speaker of the assembly concerning the
USE AND EFFECTIVENESS OF sexual assault forensic [examiner program
established under subdivision four-b of this section] EXAMINERS IN
PROVIDING TREATMENT TO ALLEGED VICTIMS OF A SEXUAL OFFENSE, AS SET FORTH
IN SUBDIVISION ONE OF THIS SECTION. Such report shall include an evalu-
ation of [the efficacy of such program in obtaining useful forensic
evidence in sexual offense cases and assuring] HOSPITALS' ABILITY TO
PROVIDE quality treatment to [sex] SEXUAL offense victims. [Such report
shall also recommend whether this program should be expanded and shall
estimate the financial cost, if any, of such expansion.]
§ 2. This act shall take effect October 1, 2020; provided, however,
that if chapter 681 of the laws of 2019 shall not have taken effect on
or before such date then the amendments to paragraph (c) of subdivision
one of section 2805-i of the public health law made by section one of
this act shall take effect on the same date and in the same manner as
such chapter. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART P
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.
S. 7507 127 A. 9507
§ 2. Subdivision 4 of section 1393 of the public health law, as
amended by chapter 439 of the laws of 2009, is amended to read as
follows:
4. The fee for a permit shall be [two] EIGHT hundred dollars, except
that no fee shall be charged in the case of a children's overnight,
summer day or traveling summer day camp operated by a person, firm,
corporation or association for charitable, philanthropic or religious
purposes.
§ 3. 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.
§ 4. 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
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.
§ 5. 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.
§ 6. This act shall take effect immediately.
PART Q
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, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "FLAVORED" SHALL MEAN ANY ELECTRONIC CIGARETTE, LIQUID NICOTINE,
OR OTHER 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 DISTINGUISHABLE FROM TOBACCO FLAVOR BUT
MAY NOT RELATE TO ANY PARTICULAR KNOWN FLAVOR. AN ELECTRONIC CIGARETTE,
LIQUID NICOTINE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
S. 7507 128 A. 9507
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 EMPLOYEE HAS MADE A STATEMENT OR CLAIM DIRECTED TO CONSUMERS OR
THE PUBLIC, WHETHER EXPRESSED OR IMPLIED, THAT SUCH PRODUCT OR DEVICE
HAS A DISTINGUISHABLE TASTE OR AROMA OTHER THAN THE TASTE OR AROMA OF
TOBACCO.
(B) "LIQUID NICOTINE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE.
2. NO PERSON SHALL SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY
FLAVORED ELECTRONIC CIGARETTE, FLAVORED LIQUID NICOTINE, OR OTHER
FLAVORED VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE.
3. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVID-
UAL PACKAGE OF FLAVORED ELECTRONIC CIGARETTE, FLAVORED LIQUID NICOTINE,
OR OTHER 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 MANUFACTURER, IT SHALL BE AN
AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSUANT 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 THIS ARTICLE,
EXCEPT THAT ANY PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT OFFICER
THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
§ 1399-MM-2. SALE IN PHARMACIES. NO TOBACCO PRODUCT, HERBAL CIGARETTE,
ELECTRONIC CIGARETTE, OR OTHER 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.
§ 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. SUCH REGULATIONS
MAY, TO THE EXTENT DEEMED BY THE COMMISSIONER AS NECESSARY FOR THE
PROTECTION OF PUBLIC HEALTH, PROHIBIT OR RESTRICT THE SELLING, 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. 7507 129 A. 9507
§ 2. Section 1399-n of the public health law is amended by adding a
new subdivision 3-a to read as follows:
3-A. "INDOOR AREA" MEANS ANY AREA WITH A FULL OR PARTIAL ROOF COVER-
ING; PROVIDED, HOWEVER, THAT WITH RESPECT TO FACILITIES LICENSED PURSU-
ANT TO ARTICLE THIRTEEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW ONLY, "INDOOR AREA" SHALL MEAN AN AREA WITH A ROOF OR CEILING IN
PLACE, INCLUDING A FIXED OR MOVABLE ROOF OR CEILING, WHERE THE TOTAL
ACTUAL AREA OF THE WALL SURFACES EXCEEDS SEVENTY-FIVE PERCENT OF THE
TOTAL NOTIONAL WALL AREA, AND WHICH ALLOW THE FREE FLOW OF AIR WITHOUT
THE ASSISTANCE OF MECHANICAL VENTILATION, AS DEFINED BY THE COMMISSION-
ER. THE COMMISSIONER MAY DETERMINE AND ENFORCE A LOWER PERCENTAGE OF
TOTAL ACTUAL AREA TO NOTIONAL WALL AREA, AS DEEMED NECESSARY TO PROTECT
THE PUBLIC HEALTH AND THE INTENT OF THIS ARTICLE; PROVIDED, HOWEVER,
THAT THE MAXIMUM PERCENTAGE DETERMINED IS NO LOWER THAN FIFTY PERCENT OF
THE TOTAL NOTIONAL WALL AREA. THE COMMISSIONER SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO DEFINE NOTIONAL WALL AREA,
MECHANICAL VENTILATION, AND RELATED BUILDING SPECIFICATIONS NEEDED TO
MAKE A DETERMINATION OF WHETHER OR NOT A STRUCTURE FALLS WITHIN THE
DEFINITION OF INDOOR AREA.
§ 3. Section 6808 of the education law is amended by adding a new
subdivision 9 to read as follows:
9. NO TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC CIGARETTE, OR
OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR
FOR THE CONSUMPTION OF NICOTINE, AS SUCH TERMS ARE DEFINED BY SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW, SHALL BE SOLD
OR OFFERED FOR SALE AT A REGISTERED PHARMACY OR AN ESTABLISHMENT WHERE A
PHARMACY DEPARTMENT IS LOCATED.
§ 4. 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. "TOBACCO MENU" MEANS A BOOKLET, PAMPHLET, OR OTHER LISTING OF
TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS, OR ELECTRONIC
CIGARETTES OFFERED FOR SALE BY A RETAIL DEALER WHICH INCLUDES THE PRICE
OF SUCH PRODUCTS. A TOBACCO MENU MAY CONTAIN PICTURES OF AND ADVERTISE-
MENTS FOR TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS, OR
ELECTRONIC CIGARETTES.
16. "MENU COVER PAGE" MEANS THE FRONT COVER OF A TOBACCO MENU OR, IF
THERE IS NO FRONT COVER, THE FIRST PAGE OF SUCH TOBACCO MENU.
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. "VAPOR PRODUCT"
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 CHAP-
TER.
18. "VAPOR PRODUCTS DEALER" MEANS A PERSON LICENSED BY THE COMMISSION-
ER OF TAX AND FINANCE TO SELL VAPOR PRODUCTS IN THIS STATE.
§ 5. The section heading and subdivisions 1, 2, 3 and 4 of section
1399-ll of the public health law, the section heading and subdivisions
2, 3, and 4 as added by chapter 262 of the laws of 2000, and subdivision
1 as amended by chapter 342 of the laws of 2013, are amended to read as
follows:
S. 7507 130 A. 9507
Unlawful shipment or transport of cigarettes AND ELECTRONIC
CIGARETTES. 1. It shall be unlawful for any person engaged in the busi-
ness of selling cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE,
AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, to ship or cause to be shipped
any cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER
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 licensed as a cigarette 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 VAPOR PRODUCTS DEALER REGISTERED WITH
THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO ARTICLE
TWENTY-EIGHT-C OF THE TAX LAW; OR (D) 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 paragraph (a) of this subdivi-
sion 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.
2. It shall be unlawful for any common or contract carrier to knowing-
ly transport cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR
OTHER 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 para-
graph (a), (b) [or], (c), OR (D) of subdivision one of this section. For
purposes of the preceding sentence, if cigarettes, ELECTRONIC CIGA-
RETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY 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), OR (D) of subdivision one of this section.
It shall be unlawful for any other person to knowingly transport ciga-
rettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER 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), OR (D) 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 trans-
porting not more than eight hundred cigarettes at any one time to any
person in this state.
3. When a person engaged in the business of selling cigarettes, ELEC-
TRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
TINE ships or causes to be shipped any cigarettes, ELECTRONIC CIGA-
RETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE to any
person in this state, other than in the cigarette manufacturer's
original container or wrapping, the container or wrapping must be plain-
S. 7507 131 A. 9507
ly and visibly marked with the [word] WORDS "cigarettes", "ELECTRONIC
CIGARETTES", OR "LIQUID NICOTINE", AS APPLICABLE.
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, ELECTRONIC CIGARETTES, LIQUID NICOTINE,
AND/OR OTHER 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, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, and such cigarettes, ELECTRONIC CIGARETTES,
LIQUID NICOTINE, AND/OR OTHER 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, ELECTRONIC
CIGARETTES, LIQUID NICOTINE, AND/OR OTHER 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 forfeiture crime.
§ 6. 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 LIQUIDS, elec-
tronic cigarettes or herbal cigarettes without charge. 1. No person
engaged in the business of selling or otherwise distributing tobacco
products, ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES, OTHER 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, shall knowingly, in furtherance
of such business:
(a) distribute without charge any tobacco products, ELECTRONIC
LIQUIDS, ELECTRONIC CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY 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, ELECTRONIC LIQUIDS, ELECTRONIC
CIGARETTES, OTHER 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 with-
out regard to the number of items in the package; or
(b) distribute [coupons] PRICE REDUCTION INSTRUMENTS which are redeem-
able for tobacco products, ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES,
OTHER 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 ELECTRONIC LIQUIDS, ELECTRONIC
CIGARETTES, OTHER 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, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal
S. 7507 132 A. 9507
cigarettes provided that such distribution is confined to a designated
area or to coupons sent through the mail.
1-A. NO PERSON ENGAGED IN THE BUSINESS OF SELLING OR OTHERWISE
DISTRIBUTING TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE FOR COMMER-
CIAL PURPOSES, OR ANY AGENT OR EMPLOYEE OF SUCH PERSON, 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, ELECTRONIC
LIQUIDS, ELECTRONIC CIGARETTES, OR OTHER 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,
ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES, OR OTHER 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 OTHER-
WISE PROVIDE TO A CONSUMER ANY TOBACCO PRODUCTS, HERBAL CIGARETTES,
ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES, OR OTHER VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE PURCHASE
OF ANY OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OR OTHER 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, ELECTRONIC LIQUID, ELECTRONIC CIGA-
RETTE, OR OTHER 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 IN EXCHANGE FOR THE PURCHASE OF A TOBACCO PRODUCT, HERBAL
CIGARETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER VAPOR PROD-
UCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMP-
TION OF NICOTINE BY SUCH CONSUMER; OR
(D) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE A TOBACCO PRODUCT,
HERBAL CIGARETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER
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.
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, ELECTRONIC LIQUID, ELECTRONIC CIGA-
RETTE, OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette manufactur-
ers 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
S. 7507 133 A. 9507
that the distribution is confined to designated areas generally accessi-
ble only to persons over the age of twenty-one.
3. No person shall distribute tobacco products, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OTHER 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 writ-
ten notice to the enforcement officer.
4. No person engaged in the business of selling or otherwise distrib-
uting ELECTRONIC LIQUIDS, electronic cigarettes, OR OTHER 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
person, shall knowingly, in furtherance of such business, distribute
without charge any electronic cigarettes to any individual under twen-
ty-one years of age.
5. The distribution of tobacco products, ELECTRONIC CIGARETTES, ELEC-
TRONIC LIQUIDS, OTHER 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, ELECTRONIC LIQUIDS, OR OTHER VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, shall be made only to an individual who demon-
strates, through (A) a driver's license or [other photographic] NON-DRI-
VER 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 PROVIN-
CIAL GOVERNMENT OF THE DOMINION OF CANADA, (B) A VALID PASSPORT ISSUED
BY THE UNITED STATES GOVERNMENT OR THE GOVERNMENT 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 constitute a defense in any
proceeding alleging the sale of a tobacco product, electronic cigarette,
ELECTRONIC LIQUID, OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette
or the distribution without charge of electronic cigarettes, ELECTRONIC
LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
USED WITH OR FOR THE CONSUMPTION OF NICOTINE to an individual.
§ 7. Subdivision 7 of section 1399-cc of the public health law, as
amended by chapter 100 of the laws of 2019, is amended to read as
follows:
7. (A) No person operating a place of business wherein tobacco
products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
rettes are sold or offered for sale shall sell, permit to be sold, offer
for sale or display for sale any tobacco product, herbal cigarettes,
liquid nicotine, shisha or electronic cigarettes in any manner, unless
such products and cigarettes are stored for sale [(a)] (I) behind a
counter in an area accessible only to the personnel of such business, or
[(b)] (II) in a locked container; provided, however, such restriction
shall not apply to tobacco businesses, as defined in subdivision eight
of section thirteen hundred ninety-nine-aa of this article, and to plac-
es to which admission is restricted to persons twenty-one years of age
or older.
S. 7507 134 A. 9507
(B) IN ADDITION TO THE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION, NO RETAILER OF TOBACCO AND/OR VAPOR PRODUCTS SHALL PERMIT
THE DISPLAY OF ANY TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID,
ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IN A MANNER
THAT PERMITS A CONSUMER TO VIEW ANY SUCH ITEM PRIOR TO PURCHASE, EXCEPT:
(I) AT THE DIRECT REQUEST OF A CUSTOMER AT LEAST TWENTY-ONE YEARS OF
AGE, WHERE SUCH RETAILER ALLOWS SUCH CUSTOMER TO HANDLE SUCH ITEM, PACK-
AGED OR OTHERWISE, FOR THE PURPOSE OF INSPECTING SUCH ITEM PRIOR TO
PURCHASE; OR
(II) WHERE SUCH ITEMS ARE TEMPORARILY VISIBLE DURING THE RESTOCKING,
SALE, OR CARRIAGE INTO OR OUT OF THE PREMISES OF SUCH ITEMS.
(C) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL DISPLAY OR PERMIT
THE DISPLAY OF ANY TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID,
ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE FOR ANY
LONGER THAN NECESSARY TO COMPLETE THE PURPOSES IDENTIFIED IN SUBPARA-
GRAPHS (I) AND (II) OF PARAGRAPH (B) OF THIS SUBDIVISION.
(D) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL STORE ANY TOBACCO
MENU IN A LOCATION WHERE IT IS VISIBLE TO CUSTOMERS OR ACCESSIBLE TO
CUSTOMERS WITHOUT THE ASSISTANCE OF SUCH RETAILER. A TOBACCO MENU SHALL
ALSO CONTAIN A MENU COVER PAGE THAT SHALL PREVENT THE INADVERTENT VIEW-
ING OF PROMOTIONAL MATERIAL OR OTHER MATERIAL CONTAINED WITHIN SUCH
TOBACCO MENU.
(E) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL PROVIDE ANY TOBAC-
CO MENU OR TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID, ELEC-
TRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE TO ANY INDIVIDUAL WHO
HAS NOT DEMONSTRATED, THROUGH IDENTIFICATION WHICH MEETS THE REQUIRE-
MENTS OF SUBDIVISION THREE OF THIS SECTION, THAT SUCH INDIVIDUAL IS AT
LEAST TWENTY-ONE YEARS OF AGE. SUCH IDENTIFICATION NEED NOT BE REQUIRED
OF ANY INDIVIDUAL WHO REASONABLY APPEARS TO BE OVER THE AGE OF TWENTY-
FIVE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL NOT CONSTITUTE A
DEFENSE IN ANY PROCEEDING ALLEGING THE SALE OF SUCH ITEM TO AN INDIVID-
UAL UNDER TWENTY-ONE YEARS OF AGE. IT SHALL BE AN AFFIRMATIVE DEFENSE TO
A VIOLATION OF THIS SUBDIVISION THAT THE TOBACCO AND/OR VAPOR PRODUCTS
RETAILER SUCCESSFULLY PERFORMED A TRANSACTION SCAN OF AN INDIVIDUAL'S
IDENTIFICATION AND THAT A TOBACCO MENU, TOBACCO PRODUCT, HERBAL CIGA-
RETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE WAS PROVIDED TO SUCH INDIVIDUAL IN REASONABLE RELIANCE UPON
SUCH IDENTIFICATION AND TRANSACTION SCAN.
(F) AFTER A CUSTOMER HAS COMPLETED VIEWING A TOBACCO MENU, THE RETAIL-
ER OF TOBACCO AND/OR VAPOR PRODUCTS SHALL IMMEDIATELY RETURN SUCH TOBAC-
CO MENU TO ITS STORAGE LOCATION.
(G) UNLESS REQUIRED OTHERWISE BY RULE OR REGULATION OF THE DEPARTMENT,
THE MENU COVER PAGE OF A TOBACCO MENU SHALL BE BLANK OR CONTAIN ONLY THE
WORDS "TOBACCO MENU" AND SHALL NOT CONTAIN ANY ADVERTISING OR OTHER
PROMOTIONAL MATERIAL.
§ 8. The general business law is amended by adding a new section 396-
bbb to read as follows:
§ 396-BBB. RESTRICTIONS ON ELECTRONIC CIGARETTE AND ELECTRONIC LIQUID
ADVERTISEMENTS. 1. NO MANUFACTURER, DISTRIBUTOR, AND/OR RETAILER OF
ELECTRONIC CIGARETTES, ELECTRONIC LIQUIDS, OR OTHER VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE SHALL ADVERTISE OR DISSEMINATE, OR CAUSE TO BE ADVERTISED OR
S. 7507 135 A. 9507
DISSEMINATED, ANY ADVERTISING FOR ELECTRONIC CIGARETTES, ELECTRONIC
LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
USED WITH OR FOR THE CONSUMPTION OF NICOTINE OTHER THAN IN PUBLICATIONS,
WHETHER FOR PERIODIC OR LIMITED DISTRIBUTION, THAT SUCH MANUFACTURER,
DISTRIBUTOR, AND/OR RETAILER DEMONSTRATES IS AN ADULT PUBLICATION.
2. ADVERTISING OF ELECTRONIC CIGARETTES, ELECTRONIC LIQUIDS, OR OTHER
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE BY A MANUFACTURER, DISTRIBUTOR, AND/OR
RETAILER IN AN AUDIO OR VIDEO FORMAT, INCLUDING BUT NOT LIMITED TO
ADVERTISING ON WEBSITES AND SOCIAL MEDIA PLATFORMS, SHALL BE LIMITED AS
FOLLOWS:
(A) AUDIO FORMATS SHALL BE LIMITED TO WORDS ONLY, WITH NO MUSIC OR
SOUND EFFECTS; AND
(B) VIDEO FORMATS SHALL BE LIMITED TO STATIC BLACK TEXT ONLY ON A
WHITE BACKGROUND, AND ANY AUDIO WITH SUCH VIDEOS SHALL BE LIMITED TO
WORDS ONLY, WITH NO MUSIC OR SOUND EFFECTS.
3. NO MANUFACTURER, DISTRIBUTOR, AND/OR RETAILER OF ELECTRONIC CIGA-
RETTES, ELECTRONIC LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE SHALL
ADVERTISE OR CAUSE TO BE ADVERTISED, DISSEMINATE OR CAUSE TO BE DISSEM-
INATED, FALSE OR MISLEADING STATEMENTS. SUCH FALSE OR MISLEADING STATE-
MENTS INCLUDE BUT SHALL NOT BE LIMITED TO STATEMENTS INDICATING OR
SUGGESTING TO A REASONABLE PERSON: (A) THAT AN ELECTRONIC CIGARETTE, AN
ELECTRONIC LIQUID, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IS A SMOKING
CESSATION PRODUCT, UNLESS SUCH ELECTRONIC CIGARETTE, ELECTRONIC LIQUID,
OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE IS APPROVED BY THE UNITED STATES FOOD
AND DRUG ADMINISTRATION AS SUCH; OR (B) THAT AN ELECTRONIC CIGARETTE, AN
ELECTRONIC LIQUID, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IS SAFE,
UNLESS SUCH ELECTRONIC CIGARETTE, ELECTRONIC LIQUID, OR OTHER VAPOR
PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE HAS RECEIVED MARKETING APPROVAL FROM THE UNITED
STATES FOOD AND DRUG ADMINISTRATION.
4. FOR THE PURPOSES OF THIS SECTION "ADULT PUBLICATION" SHALL MEAN A
NEWSPAPER, MAGAZINE, PERIODICAL, WEBSITE, SOCIAL MEDIA PLATFORM, OR
OTHER PUBLICATION:
(A) WHOSE READERS YOUNGER THAN TWENTY-ONE YEARS OF AGE CONSTITUTE
FIFTEEN PERCENT OR LESS OF THE TOTAL READERSHIP OR VIEWERSHIP, AS MEAS-
URED BY COMPETENT AND RELIABLE SURVEY EVIDENCE; AND
(B) THAT IS READ OR VIEWED BY FEWER THAN TWO MILLION PERSONS YOUNGER
THAN TWENTY-ONE YEARS OF AGE AS MEASURED BY COMPETENT AND RELIABLE
SURVEY EVIDENCE.
§ 9. 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 HAVE THE SAME MEANING AS DEFINED BY SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
S. 7507 136 A. 9507
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,
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
S. 7507 137 A. 9507
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 CAPABLE OF BEING RE-FILLED BY A FINAL CONSUM-
ER, THE INFORMATION POSTED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE,
BUT SHALL NOT BE LIMITED TO:
(I) A LIST NAMING EACH BYPRODUCT THAT MAY BE INTRODUCED INTO VAPOR
PRODUCED DURING THE NORMAL USE OF SUCH E-CIGARETTE;
(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 SUCH INGREDIENTS;
(III) 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
(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.
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,
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
S. 7507 138 A. 9507
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.
§ 10. 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] ONE THOUSAND dollars, but not to
exceed [one] TWO thousand dollars for a first violation, and a minimum
of ONE THOUSAND five hundred dollars, but not to exceed [one] THREE
thousand [five hundred] dollars for each subsequent violation, unless a
different penalty is otherwise provided in this article. The enforcement
officer shall advise the retail dealer that upon the accumulation of
three or more points pursuant to this section the department of taxation
and finance shall suspend the 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.
§ 11. 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:
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.
§ 12. Section 1399-x of the public health law is REPEALED.
§ 13. This act shall take effect July 1, 2020; provided, however, that
section one of this act shall take effect on the thirtieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART R
Section 1. The director of the division of the budget may direct the
commissioner of health to distribute enhanced federal medical assistance
percentage payments, as described in subsections (y) and (z) of section
1905 of the federal social security act, to social services districts
only in such amounts as is necessary to ensure that such districts, in
S. 7507 139 A. 9507
the aggregate, do not pay a greater percentage of the non-federal share
of expenditures under the state's plan for medical assistance, main-
tained pursuant to section 363-a of the social services law, as compared
to the percentage paid by such districts during the calendar year of
2009.
§ 2. 1. Each year beginning calendar year 2020, each social services
district ("district") shall certify to the department of health, in a
manner to be determined by the department of health in consultation with
the director of the division of the budget, whether such district has
adopted a budget with respect to such district's fiscal year that begins
on January first of the then current calendar year that does not exceed
the tax levy limit established pursuant to section 3-c of the general
municipal law or, for the City of New York, shall certify that the most
recently adopted budget for such city does not exceed the tax levy limit
that would have applied to such budget had the provisions of section 3-c
of the general municipal law applied to such city; provided, however,
that for the purposes of this subdivision, such tax levy limit shall be
determined by substituting equivalent local expenditures for the exclu-
sions provided by subparagraphs (ii), (iii) and (iv) of paragraph (g) of
subdivision 2 of such section.
2. (a) Districts other than the City of New York shall make the annual
certification required by subdivision one of this section by April 20,
2020, and for years beginning 2021 and thereafter, by January fifteenth
of such year.
(b) The City of New York shall make the annual certification required
by subdivision one of this section by July fifteenth of each year.
3. For each district that does not certify that such district has
limited the increase in real property taxes by the real property tax cap
by the date specified in subdivision two of this section, the department
of health shall calculate the savings in medical assistance expenditures
that such district realized, or would have realized, for the district's
prior fiscal year as a result of application of section 1 of part C of
chapter 58 of the laws of 2005, as amended by section 1 of part F of
chapter 56 of the laws of 2012 and any subsequent amendments thereto
("medicaid local share cap"). Notwithstanding section 1 of part C of
chapter 58 of the laws of 2005, as amended, such district's actual
savings during the district's then current fiscal year shall be limited
to the savings calculated in the manner prescribed in this subdivision
for each year that the district does not limit the increase in real
property taxes by the real property tax cap pursuant to subdivision two
of this section ("limited local share savings"). The district shall be
liable for and remit to the state the difference between the district's
limited local share savings and the savings that the district would have
realized as a result of application of the medicaid local share cap,
pursuant to a schedule determined by the commissioner of health in
consultation with the director of the division of the budget; provided,
however, that the commissioner of health may, in consultation with the
director of the division of the budget, reduce such liability to the
extent necessary to achieve compliance with section 1905 of the federal
social security act or any other legal requirements imposed on the
subject matter hereof. Such remittances shall be separate from, and
shall not affect or be affected by, any voluntary local share contrib-
utions made by any district, including the City of New York.
4. The director of the division of the budget may grant a waiver to
any district that does not provide the certification required pursuant
to subdivision two of this section upon a showing by such district of
S. 7507 140 A. 9507
financial hardship in a form and manner prescribed by the division of
the budget. In evaluating an application for a financial hardship waiv-
er, the director of the division of the budget shall consider changes in
state or federal aid payments and other extraordinary costs, including
the occurrence of a disaster as defined in paragraph a of subdivision
two of section twenty of the executive law, repair and maintenance of
infrastructure, annual growth of tax receipts, including personal
income, business, and other taxes, prepayment of debt service and other
expenses or such other factors that such director may determine.
§ 3. Section 363-c of the social services law is amended by adding two
new subdivisions 4 and 5 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
MANAGE AND OVERSEE THE MEDICAID PROGRAM.
5. FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
TY-ONE AND EVERY STATE FISCAL YEAR THEREAFTER, NOTWITHSTANDING THE
PROVISIONS OF SECTION THREE HUNDRED SIXTY-EIGHT-A OF THIS TITLE, AND
NOTWITHSTANDING SECTION ONE OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS
OF TWO THOUSAND FIVE, AS AMENDED BY SECTION ONE OF PART F OF CHAPTER
FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE, AND ANY SUBSEQUENT AMEND-
MENTS THERETO, IF THE AMOUNT THE DEPARTMENT OF HEALTH REIMBURSED ANY
SOCIAL SERVICES DISTRICT DURING THE PRIOR STATE FISCAL YEAR FOR EXPENDI-
TURES MADE BY OR ON BEHALF OF SUCH SOCIAL SERVICES DISTRICTS FOR MEDICAL
ASSISTANCE FOR NEEDY PERSONS EXCEEDS ONE HUNDRED THREE PERCENT OF THE
AMOUNT REIMBURSED DURING THE PRECEDING STATE FISCAL YEAR, THE SOCIAL
SERVICES DISTRICT SHALL BE LIABLE FOR AND REMIT TO THE STATE ONE HUNDRED
PERCENT OF SUCH EXCESS AMOUNT, AFTER FIRST DEDUCTING THEREFROM ANY
FEDERAL FUNDS PROPERLY RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF,
PURSUANT TO A SCHEDULE DETERMINED BY THE COMMISSIONER OF HEALTH IN
CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF BUDGET. PROVIDED,
HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY ONLY TO THE EXTENT THAT
IT CONFLICTS WITH OR WOULD ACHIEVE LESS SAVINGS TO THE STATE THAN THE
APPLICATION OF SUBDIVISION ONE OF THIS SECTION.
§ 4. 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 S
Section 1. Subdivision 7 of section 2802 of the public health law is
amended by adding a new paragraph (b-1) to read as follows:
(B-1) AT SUCH TIME AS THE COMMISSIONER'S WRITTEN CONTINGENT APPROVAL
IS GRANTED, OR WRITTEN APPROVAL IN INSTANCES WHERE NO CONTINGENCIES WERE
APPLIED TO SUCH APPROVAL, EACH APPLICANT SHALL PAY AN ADDITIONAL
SURCHARGE EQUAL TO THREE PERCENT OF THE TOTAL CAPITAL VALUE OF THE
APPLICATION.
§ 2. Paragraph (d) of subdivision 7 of section 2802 of the public
health law, as amended by section 87 of part C of chapter 58 of the laws
of 2009, is amended to read as follows:
(d) (I) The fees and charges [paid by an applicant pursuant to]
IMPOSED BY this subdivision [for any application for construction of a
S. 7507 141 A. 9507
hospital approved in accordance with this section shall be deemed allow-
able capital costs in the determination of reimbursement rates estab-
lished pursuant to this article. The cost of such fees and charges shall
not be subject to reimbursement ceiling or other penalties used by the
commissioner for the purpose of establishing reimbursement rates pursu-
ant to this article.] SHALL NOT APPLY TO ANY APPLICATION FOR WHICH ALL
DEVELOPMENT, DESIGN, AND CONSTRUCTION COSTS ARE BEING SOLELY FUNDED BY
STATE GRANTS OF ANY KIND, EXCEPT THAT SUCH FEES AND CHARGES MAY BE
IMPOSED IN SUCH CIRCUMSTANCES UNDER CRITERIA THAT MAY BE ADOPTED IN
REGULATION BY THE COMMISSIONER, WITH THE APPROVAL OF THE DIRECTOR OF THE
BUDGET.
(II) THE COMMISSIONER, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDG-
ET, IS AUTHORIZED TO EXEMPT CERTAIN APPLICATIONS THAT MEET CRITERIA
ESTABLISHED BY THE COMMISSIONER IN REGULATION FROM THE SURCHARGE IMPOSED
BY PARAGRAPH (B-1) OF THIS SUBDIVISION.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
FEES AND CHARGES PAID BY AN APPLICANT PURSUANT TO THIS SUBDIVISION SHALL
NOT BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE, INCLUDING THE STATE
MEDICAID PROGRAM.
(F) All fees pursuant to this section shall be payable to the depart-
ment [of health] for deposit into the special revenue funds - other,
miscellaneous special revenue fund - 339, certificate of need account.
§ 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.
PART T
Section 1. Section 40 of chapter 266 of the laws of 1986, amending
the civil practice law and rules and other laws relating to malpractice
and professional medical conduct, as amended by section 4 of part F of
chapter 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
S. 7507 142 A. 9507
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,
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.
§ 2. 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
S. 7507 143 A. 9507
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.
§ 3. 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 U
Section 1. The insurance law is amended by adding a new article 29 to
read as follows:
ARTICLE 29
PHARMACY BENEFIT MANAGERS
SECTION 2901. DEFINITIONS.
2902. ACTING WITHOUT A REGISTRATION.
2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
2905. ACTING WITHOUT A LICENSE.
2906. LICENSING OF A PHARMACY BENEFIT MANAGER.
2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
PHARMACY BENEFIT MANAGER.
2908. PENALTIES FOR VIOLATIONS.
2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION.
2910. REVOKED REGISTRATIONS OR LICENSES.
2911. CHANGE OF ADDRESS.
2912. DUTIES.
2913. APPLICABILITY OF OTHER LAWS.
2914. ASSESSMENTS.
§ 2901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
(A) "HEALTH PLAN" MEANS AN INSURANCE COMPANY THAT IS AN AUTHORIZED
INSURER UNDER THIS CHAPTER, A COMPANY ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN
ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, AN ENTITY
CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW
INCLUDING THOSE PROVIDING SERVICES PURSUANT TO TITLE ELEVEN OF ARTICLE
FIVE OF THE SOCIAL SERVICES LAW, AN INSTITUTION OF HIGHER EDUCATION
CERTIFIED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
THIS CHAPTER, THE STATE INSURANCE FUND, AND THE NEW YORK STATE HEALTH
INSURANCE PLAN ESTABLISHED UNDER ARTICLE ELEVEN OF THE CIVIL SERVICE
LAW.
(B) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS THE MANAGEMENT OR
ADMINISTRATION OF PRESCRIPTION DRUG BENEFITS PURSUANT TO A CONTRACT WITH
A HEALTH PLAN, DIRECTLY OR THROUGH ANOTHER ENTITY, AND REGARDLESS OF
WHETHER THE PHARMACY BENEFIT MANAGER AND THE HEALTH PLAN ARE RELATED, OR
ASSOCIATED BY OWNERSHIP, COMMON OWNERSHIP, ORGANIZATION OR OTHERWISE;
INCLUDING THE PROCUREMENT OF PRESCRIPTION DRUGS TO BE DISPENSED TO
PATIENTS, OR THE ADMINISTRATION OR MANAGEMENT OF PRESCRIPTION DRUG BENE-
FITS, INCLUDING BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
S. 7507 144 A. 9507
(1) MAIL SERVICE PHARMACY;
(2) CLAIMS PROCESSING, RETAIL NETWORK MANAGEMENT, OR PAYMENT OF CLAIMS
TO PHARMACIES FOR DISPENSING PRESCRIPTION DRUGS;
(3) CLINICAL OR OTHER FORMULARY OR PREFERRED DRUG LIST DEVELOPMENT OR
MANAGEMENT;
(4) NEGOTIATION OR ADMINISTRATION OF REBATES, DISCOUNTS, PAYMENT
DIFFERENTIALS, OR OTHER INCENTIVES, FOR THE INCLUSION OF PARTICULAR
PRESCRIPTION DRUGS IN A PARTICULAR CATEGORY OR TO PROMOTE THE PURCHASE
OF PARTICULAR PRESCRIPTION DRUGS;
(5) PATIENT COMPLIANCE, THERAPEUTIC INTERVENTION, OR GENERIC SUBSTI-
TUTION PROGRAMS;
(6) DISEASE MANAGEMENT;
(7) DRUG UTILIZATION REVIEW OR PRIOR AUTHORIZATION;
(8) ADJUDICATION OF APPEALS OR GRIEVANCES RELATED TO PRESCRIPTION DRUG
COVERAGE;
(9) CONTRACTING WITH NETWORK PHARMACIES; AND
(10) CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.
(C) "PHARMACY BENEFIT MANAGER" MEANS ANY ENTITY, INCLUDING A WHOLLY
OWNED OR PARTIALLY OWNED OR CONTROLLED SUBSIDIARY OF A PHARMACY BENEFITS
MANAGER, THAT CONTRACTS TO PROVIDE PHARMACY BENEFIT MANAGEMENT SERVICES
ON BEHALF OF A HEALTH PLAN.
(D) "CONTROLLING PERSON" MEANS ANY PERSON OR OTHER ENTITY WHO OR WHICH
DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO BE DIRECTED
THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
(E) "COVERED INDIVIDUAL" MEANS A MEMBER, PARTICIPANT, ENROLLEE,
CONTRACT HOLDER OR POLICY HOLDER OR BENEFICIARY OF A HEALTH PLAN.
§ 2902. ACTING WITHOUT A REGISTRATION. (A) NO PERSON, FIRM, ASSOCI-
ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER
ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY AND PRIOR TO JANUARY FIRST,
TWO THOUSAND TWENTY-TWO, WITHOUT HAVING A VALID REGISTRATION AS A PHAR-
MACY BENEFIT MANAGER FILED WITH THE SUPERINTENDENT IN ACCORDANCE WITH
THIS ARTICLE AND ANY REGULATIONS PROMULGATED THEREUNDER.
(B) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE LIABLE FOR RESTITUTION TO ANY HEALTH PLAN, PHARMACY, OR
COVERED INDIVIDUAL HARMED BY THE VIOLATION AND SHALL ALSO BE SUBJECT TO
A PENALTY NOT EXCEEDING THE GREATER OF: (1) ONE THOUSAND DOLLARS FOR THE
FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUBSE-
QUENT VIOLATION; OR (2) THE AGGREGATE ECONOMIC GROSS RECEIPTS ATTRIBUT-
ABLE TO ALL VIOLATIONS.
§ 2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS. (A)
EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
SERVICES ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY AND PRIOR TO JANU-
ARY FIRST, TWO THOUSAND TWENTY-TWO SHALL REGISTER WITH THE SUPERINTEN-
DENT IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT AND SHALL PAY A FEE OF
ONE THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE
REGISTRATION SHALL BE VALID. THE SUPERINTENDENT SHALL REQUIRE THAT THE
PHARMACY BENEFIT MANAGER DISCLOSE ITS OFFICER OR OFFICERS AND DIRECTOR
OR DIRECTORS WHO ARE RESPONSIBLE FOR THE BUSINESS ENTITY'S COMPLIANCE
WITH THE FINANCIAL SERVICES AND INSURANCE LAWS, RULES AND REGULATIONS OF
THIS STATE. THE REGISTRATION SHALL DETAIL THE LOCATIONS FROM WHICH IT
PROVIDES SERVICES, AND A LISTING OF ANY ENTITIES WITH WHICH IT HAS
CONTRACTS IN NEW YORK STATE. THE SUPERINTENDENT CAN REJECT A REGISTRA-
TION APPLICATION FILED BY A PHARMACY BENEFIT MANAGER THAT FAILS TO
COMPLY WITH THE MINIMUM REGISTRATION STANDARDS.
S. 7507 145 A. 9507
(B) FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR
THE BUSINESS ENTITY'S COMPLIANCE WITH THE FINANCIAL SERVICES AND INSUR-
ANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
(C) EVERY REGISTRATION WILL EXPIRE ON DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-ONE REGARDLESS OF WHEN REGISTRATION WAS FIRST MADE.
(D) EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT
MANAGEMENT SERVICES AT ANY TIME PRIOR TO JUNE FIRST, TWO THOUSAND TWEN-
TY, SHALL MAKE THE REGISTRATION AND FEE PAYMENT REQUIRED BY SUBSECTION
(A) OF THIS SECTION ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY. ANY
OTHER PHARMACY BENEFIT MANAGER SHALL MAKE THE REGISTRATION AND FEE
PAYMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION PRIOR TO PERFORMING
PHARMACY BENEFIT MANAGEMENT SERVICES.
(E) REGISTRANTS UNDER THIS SECTION SHALL BE SUBJECT TO EXAMINATION BY
THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT NECESSARY.
THE SUPERINTENDENT MAY PROMULGATE REGULATIONS ESTABLISHING METHODS AND
PROCEDURES FOR FACILITATING AND VERIFYING COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS ARTICLE AND SUCH OTHER REGULATIONS AS NECESSARY TO ENFORCE
THE PROVISIONS OF THIS ARTICLE.
§ 2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS. (A)(1)
ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND TWENTY-
ONE, EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT,
IN A STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJU-
RY, THE INFORMATION REQUESTED BY THE SUPERINTENDENT INCLUDING, WITHOUT
LIMITATION:
(I) ANY PRICING DISCOUNTS, REBATES OF ANY KIND, INFLATIONARY PAYMENTS,
CREDITS, CLAWBACKS, FEES, GRANTS, CHARGEBACKS, REIMBURSEMENTS, OTHER
FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES, INDUCEMENTS, REFUNDS OR
OTHER BENEFITS RECEIVED BY THE PHARMACY BENEFIT MANAGER; AND
(II) THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT, INCLUD-
ING OTHER FINANCIAL OR OTHER REIMBURSEMENTS INCENTIVES, INDUCEMENTS OR
REFUNDS BETWEEN THE PHARMACY BENEFIT MANAGER AND ANY OTHER PARTY RELAT-
ING TO PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO A HEALTH PLAN
INCLUDING BUT NOT LIMITED TO, DISPENSING FEES PAID TO PHARMACIES.
(2) THE SUPERINTENDENT MAY REQUIRE THE FILING OF QUARTERLY OR OTHER
STATEMENTS, WHICH SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH MATTERS
AS THE SUPERINTENDENT SHALL PRESCRIBE.
(3) THE SUPERINTENDENT MAY ADDRESS TO ANY PHARMACY BENEFIT MANAGER OR
ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY BENE-
FIT MANAGEMENT SERVICES OR ANY MATTER CONNECTED THEREWITH. EVERY PHARMA-
CY BENEFIT MANAGER OR PERSON SO ADDRESSED SHALL REPLY IN WRITING TO SUCH
INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY
THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR
OFFICERS OF THE PHARMACY BENEFIT MANAGER, AS THE SUPERINTENDENT SHALL
DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENALTIES OF PERJURY.
(B) IN THE EVENT ANY PHARMACY BENEFIT MANAGER OR PERSON DOES NOT
SUBMIT A REPORT REQUIRED BY PARAGRAPHS ONE OR TWO OF SUBSECTION (A) OF
THIS SECTION OR DOES NOT PROVIDE A GOOD FAITH RESPONSE TO AN INQUIRY
FROM THE SUPERINTENDENT PURSUANT TO PARAGRAPH THREE OF SUBSECTION (A) OF
THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT
LESS THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED TO
LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH PHARMACY
BENEFIT MANAGER OR PERSON NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR
EACH DAY BEYOND THE DATE THE REPORT IS DUE OR THE DATE SPECIFIED BY THE
SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
S. 7507 146 A. 9507
(C) ALL DOCUMENTS, MATERIALS, OR OTHER INFORMATION DISCLOSED BY A
PHARMACY BENEFIT MANAGER UNDER THIS SECTION WHICH IS IN THE CONTROL OR
POSSESSION OF THE SUPERINTENDENT SHALL BE DEEMED CONFIDENTIAL, SHALL NOT
BE DISCLOSED, EITHER PURSUANT TO FREEDOM OF INFORMATION REQUESTS OR
SUBPOENA, AND FURTHER SHALL NOT BE SUBJECT TO DISCOVERY OR ADMISSIBLE IN
EVIDENCE IN ANY PRIVATE CIVIL ACTION.
§ 2905. ACTING WITHOUT A LICENSE. (A) NO PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO WITHOUT HAVING AUTHORITY TO
DO SO BY VIRTUE OF A LICENSE ISSUED IN FORCE PURSUANT TO THE PROVISIONS
OF THIS ARTICLE.
(B) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE SUBJECT TO A PENALTY NOT EXCEEDING THE GREATER OF (1) ONE
THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED
DOLLARS FOR EACH SUBSEQUENT VIOLATION OR (2) THE AGGREGATE ECONOMIC
GROSS RECEIPTS ATTRIBUTABLE TO ALL VIOLATIONS.
§ 2906. LICENSING OF A PHARMACY BENEFIT MANAGER. (A) THE SUPERINTEN-
DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION WHO OR THAT HAS COMPLIED WITH THE REQUIRE-
MENTS OF THIS ARTICLE, INCLUDING REGULATIONS PROMULGATED BY THE SUPER-
INTENDENT. THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS FOR THE ISSUANCE
OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
(B) THE MINIMUM STANDARDS ESTABLISHED UNDER THIS SECTION SHALL TAKE
THE FORM OF A CODE OF CONDUCT WHICH MAY ADDRESS, WITHOUT LIMITATION:
(1) PROHIBITIONS ON CONFLICTS OF INTEREST BETWEEN PHARMACY BENEFIT
MANAGERS AND HEALTH PLANS;
(2) PROHIBITIONS ON DECEPTIVE PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
(3) PROHIBITIONS ON ANTI-COMPETITIVE PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
(4) PROHIBITIONS ON PRICING MODELS INCLUDING SPREAD PRICING;
(5) PROHIBITIONS ON UNFAIR CLAIMS PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
(6) CODIFICATION OF STANDARDS AND PRACTICES IN THE CREATION OF PHARMA-
CY NETWORKS AND CONTRACTING WITH NETWORK PHARMACIES AND OTHER PROVIDERS;
AND
(7) BEST PRACTICES FOR PROTECTION OF CONSUMERS.
(C) THE SUPERINTENDENT MAY REQUIRE ANY OR ALL OF THE MEMBERS, OFFI-
CERS, DIRECTORS, OR DESIGNATED EMPLOYEES OF THE APPLICANT TO BE NAMED IN
THE APPLICATION FOR A LICENSE UNDER THIS ARTICLE. FOR EACH BUSINESS
ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR DIRECTORS NAMED IN THE
APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR THE BUSINESS ENTITY'S
COMPLIANCE WITH THE INSURANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
(D)(1) BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED OR
RENEWED, THE PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE OFFICE OF
THE SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR FORMS
AND SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A FEE
OF TWO THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH A
LICENSE SHALL BE VALID.
(2) EVERY PHARMACY BENEFIT MANAGER'S LICENSE SHALL EXPIRE THIRTY-SIX
MONTHS AFTER THE DATE OF ISSUE. EVERY LICENSE ISSUED PURSUANT TO THIS
SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF THIRTY-SIX MONTHS UPON
THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
S. 7507 147 A. 9507
(E) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT AT LEAST TWO MONTHS BEFORE ITS EXPIRATION, THEN THE
LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND GIVEN NOTICE OF SUCH REFUSAL
TO THE APPLICANT.
(F) THE SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY BENEFIT MANAG-
ER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR ANY
MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT, IS NOT TRUST-
WORTHY AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY BENEFIT
MANAGER, OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION OR
SUSPENSION OF SUCH LICENSE, OR HAS FAILED TO COMPLY WITH ANY PREREQUI-
SITE FOR THE ISSUANCE OF SUCH LICENSE. AS A PART OF SUCH DETERMINATION,
THE SUPERINTENDENT IS AUTHORIZED TO FINGERPRINT APPLICANTS OR ANY
MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT FOR LICENSURE.
SUCH FINGERPRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR A STATE CRIMINAL HISTORY RECORD CHECK, AS DEFINED IN SUBDI-
VISION ONE OF SECTION THREE THOUSAND THIRTY-FIVE OF THE EDUCATION LAW,
AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR A
NATIONAL CRIMINAL HISTORY RECORD CHECK.
(G) LICENSEES AND APPLICANTS FOR A LICENSE UNDER THIS SECTION SHALL BE
SUBJECT TO EXAMINATION BY THE SUPERINTENDENT AS OFTEN AS THE SUPERINTEN-
DENT MAY DEEM IT EXPEDIENT. THE SUPERINTENDENT MAY PROMULGATE REGU-
LATIONS ESTABLISHING METHODS AND PROCEDURES FOR FACILITATING AND VERIFY-
ING COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND SUCH OTHER
REGULATIONS AS NECESSARY.
(H) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT FOR A CURRENTLY
IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE
SUPERINTENDENT A WRITTEN APPLICATION FOR THE REPLACEMENT LICENSE,
AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN
LOST OR DESTROYED, TOGETHER WITH A FEE OF TWO HUNDRED DOLLARS.
(I) NO PHARMACY BENEFIT MANAGER SHALL ENGAGE IN ANY PRACTICE OR ACTION
THAT A HEALTH PLAN IS PROHIBITED FROM ENGAGING IN PURSUANT TO THIS CHAP-
TER.
§ 2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
PHARMACY BENEFIT MANAGER. (A) THE SUPERINTENDENT MAY REFUSE TO RENEW,
MAY REVOKE, OR MAY SUSPEND FOR A PERIOD THE SUPERINTENDENT DETERMINES
THE REGISTRATION OR LICENSE OF ANY PHARMACY BENEFIT MANAGER IF, THE
SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR LICENSEE OR ANY MEMBER,
PRINCIPAL, OFFICER, DIRECTOR, OR CONTROLLING PERSON OF THE REGISTRANT OR
LICENSEE, HAS:
(1) VIOLATED ANY INSURANCE LAWS, SECTION TWO HUNDRED EIGHTY-A OR TWO
HUNDRED EIGHTY-C OF THE PUBLIC HEALTH LAW OR VIOLATED ANY REGULATION,
SUBPOENA OR ORDER OF THE SUPERINTENDENT OR OF ANOTHER STATE'S INSURANCE
COMMISSIONER, OR HAS VIOLATED ANY LAW IN THE COURSE OF ITS DEALINGS IN
SUCH CAPACITY AFTER SUCH LICENSE HAS BEEN ISSUED OR RENEWED PURSUANT TO
SECTION TWO THOUSAND NINE HUNDRED SIX OF THIS ARTICLE;
(2) PROVIDED MATERIALLY INCORRECT, MATERIALLY MISLEADING, MATERIALLY
INCOMPLETE OR MATERIALLY UNTRUE INFORMATION IN THE REGISTRATION OR
LICENSE APPLICATION;
(3) OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE THROUGH
MISREPRESENTATION OR FRAUD;
(4)(I) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
(II) DEMONSTRATED INCOMPETENCE;
S. 7507 148 A. 9507
(III) DEMONSTRATED UNTRUSTWORTHINESS; OR
(IV) DEMONSTRATED FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSI-
NESS IN THIS STATE OR ELSEWHERE;
(5) IMPROPERLY WITHHELD, MISAPPROPRIATED OR CONVERTED ANY MONIES OR
PROPERTIES RECEIVED IN THE COURSE OF BUSINESS IN THIS STATE OR ELSE-
WHERE;
(6) INTENTIONALLY MISREPRESENTED THE TERMS OF AN ACTUAL OR PROPOSED
INSURANCE CONTRACT;
(7) ADMITTED OR BEEN FOUND TO HAVE COMMITTED ANY INSURANCE UNFAIR
TRADE PRACTICE OR FRAUD;
(8) HAD A PHARMACY BENEFIT MANAGER REGISTRATION OR LICENSE, OR ITS
EQUIVALENT, DENIED, SUSPENDED OR REVOKED IN ANY OTHER STATE, PROVINCE,
DISTRICT OR TERRITORY;
(9) FAILED TO PAY STATE INCOME TAX OR COMPLY WITH ANY ADMINISTRATIVE
OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX;
(10) FAILED TO PAY ANY ASSESSMENT REQUIRED BY THIS ARTICLE; OR
(11) CEASED TO MEET THE REQUIREMENTS FOR REGISTRATION OR LICENSURE
UNDER THIS ARTICLE.
(B) BEFORE REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF ANY
PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
SUPERINTENDENT SHALL GIVE NOTICE TO THE REGISTRANT OR LICENSEE AND SHALL
HOLD, OR CAUSE TO BE HELD, A HEARING NOT LESS THAN TEN DAYS AFTER THE
GIVING OF SUCH NOTICE.
(C) IF A REGISTRATION OR LICENSE PURSUANT TO THE PROVISIONS OF THIS
ARTICLE IS REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN THE SUPER-
INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
(D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE SHALL TERMINATE FORTHWITH SUCH
REGISTRATION OR LICENSE AND THE AUTHORITY CONFERRED THEREBY UPON ALL
LICENSEES. FOR GOOD CAUSE SHOWN, THE SUPERINTENDENT MAY DELAY THE EFFEC-
TIVE DATE OF A REVOCATION OR SUSPENSION TO PERMIT THE REGISTRANT OR
LICENSEE TO SATISFY SOME OR ALL OF ITS CONTRACTUAL OBLIGATIONS TO
PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES IN THE STATE.
(E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
TION OR LICENSE AS A PHARMACY BENEFIT MANAGER HAS BEEN REVOKED PURSUANT
TO SUBSECTION (A) OF THIS SECTION, AND NO FIRM OR ASSOCIATION OF WHICH
SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
IS AN OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF THE REGISTRANT
OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR LICENSE
UNDER THE PROVISIONS OF THIS ARTICLE FOR A MINIMUM PERIOD OF ONE YEAR
AFTER SUCH REVOCATION, OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED,
FOR A MINIMUM PERIOD OF ONE YEAR AFTER THE FINAL DETERMINATION THEREOF
AFFIRMING THE ACTION OF THE SUPERINTENDENT IN REVOKING SUCH LICENSE.
(2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
CORPORATION BE REVOKED, NO MEMBER OF SUCH FIRM OR ASSOCIATION AND NO
OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
REGISTRANT OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR
LICENSE, UNDER THIS ARTICLE FOR THE SAME PERIOD OF TIME, UNLESS THE
SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT SUCH MEMBER,
OFFICER OR DIRECTOR WAS NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT
OF WHICH SUCH REGISTRATION OR LICENSE WAS REVOKED.
(F) IF ANY CORPORATION, FIRM, ASSOCIATION OR PERSON AGGRIEVED SHALL
FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT SETTING FORTH FACTS
TENDING TO SHOW SUFFICIENT GROUND FOR THE REVOCATION OR SUSPENSION OF
ANY PHARMACY BENEFIT MANAGER'S REGISTRATION OR LICENSE, THEN IF THE
SUPERINTENDENT FINDS THE COMPLAINT CREDIBLE, THE SUPERINTENDENT SHALL,
S. 7507 149 A. 9507
AFTER NOTICE AND A HEARING, DETERMINE WHETHER SUCH REGISTRATION OR
LICENSE SHALL BE SUSPENDED OR REVOKED.
(G) THE SUPERINTENDENT SHALL RETAIN THE AUTHORITY TO ENFORCE THE
PROVISIONS OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS CHAP-
TER AGAINST ANY PERSON OR ENTITY WHO IS UNDER INVESTIGATION FOR OR
CHARGED WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR ENTI-
TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
LAPSED BY OPERATION OF LAW.
(H) A REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO
THE SUPERINTENDENT ANY ADMINISTRATIVE ACTION TAKEN AGAINST THE REGIS-
TRANT OR LICENSEE OR ANY OF THE MEMBERS, OFFICERS, DIRECTORS, OR DESIG-
NATED EMPLOYEES OF THE APPLICANT NAMED IN THE REGISTRATION OR LICENSING
APPLICATION IN ANOTHER JURISDICTION OR BY ANOTHER GOVERNMENTAL AGENCY IN
THIS STATE WITHIN THIRTY DAYS OF THE FINAL DISPOSITION OF THE MATTER.
THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER OR OTHER
RELEVANT LEGAL DOCUMENTS.
(I) WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A REGIS-
TRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO THE SUPER-
INTENDENT ANY CRIMINAL PROSECUTION OF THE REGISTRANT OR LICENSEE OR ANY
OF THE MEMBERS, OFFICERS, DIRECTORS, OR DESIGNATED EMPLOYEES OF THE
APPLICANT NAMED IN THE REGISTRATION OR LICENSING APPLICATION TAKEN IN
ANY JURISDICTION. THE REPORT SHALL INCLUDE A COPY OF THE INITIAL
COMPLAINT FILED, THE ORDER RESULTING FROM THE HEARING AND ANY OTHER
RELEVANT LEGAL DOCUMENTS.
§ 2908. PENALTIES FOR VIOLATIONS. (A) IN ADDITION TO ANY OTHER POWER
CONFERRED BY LAW, THE SUPERINTENDENT MAY IN ANY ONE PROCEEDING BY ORDER,
REQUIRE A REGISTRANT OR LICENSEE WHO HAS VIOLATED ANY PROVISION OF THIS
ARTICLE OR WHOSE LICENSE WOULD OTHERWISE BE SUBJECT TO REVOCATION OR
SUSPENSION TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT
EXCEEDING THE GREATER OF: (1) ONE THOUSAND DOLLARS FOR EACH OFFENSE AND
TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION; OR (2)
THE AGGREGATE GROSS RECEIPTS ATTRIBUTABLE TO ALL OFFENSES.
(B) UPON THE FAILURE OF SUCH A REGISTRANT OR LICENSEE TO PAY THE
PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
DAYS AFTER THE MAILING OF THE ORDER, POSTAGE PREPAID, REGISTERED, AND
ADDRESSED TO THE LAST KNOWN PLACE OF BUSINESS OF THE LICENSEE, UNLESS
THE ORDER IS STAYED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION,
THE SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE REGIS-
TRANT OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE SUPER-
INTENDENT DETERMINES.
§ 2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION. THE
COMMENCEMENT OF A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES, TO REVIEW THE ACTION OF THE SUPERINTENDENT IN
SUSPENDING OR REVOKING OR REFUSING TO RENEW ANY CERTIFICATE UNDER THIS
ARTICLE, SHALL STAY SUCH ACTION OF THE SUPERINTENDENT FOR A PERIOD OF
THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD UNLESS
THE COURT SHALL DETERMINE, AFTER A PRELIMINARY HEARING OF WHICH THE
SUPERINTENDENT IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY OF
THE SUPERINTENDENT'S ACTION PENDING THE FINAL DETERMINATION OR FURTHER
ORDER OF THE COURT WILL NOT INJURE THE INTERESTS OF THE PEOPLE OF THE
STATE.
§ 2910. REVOKED REGISTRATIONS OR LICENSES. (A)(1) NO PERSON, FIRM,
ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT TO THE PROVISIONS OF
THIS ARTICLE WHOSE REGISTRATION OR LICENSE UNDER THIS ARTICLE HAS BEEN
REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE BUSINESS OF
PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED BY ANY
S. 7507 150 A. 9507
OTHER STATE OR TERRITORY OF THE UNITED STATES SHALL BECOME EMPLOYED OR
APPOINTED BY A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAG-
ER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR WRITTEN
APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE
OR ARE CLERICAL OR MINISTERIAL IN NATURE.
(2) NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT ANY
PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
HAS BEEN REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE
BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
BY ANY OTHER STATE OR TERRITORY OF THE UNITED STATES, AS AN OFFICER,
DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
(3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE PROVISIONS OF THIS
ARTICLE SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED, OR WHOSE REGISTRATION OR
LICENSE TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH CORPORATION OR
PARTNERSHIP, NOR SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER
IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR WRITTEN APPROVAL
OF THE SUPERINTENDENT.
(B) THE SUPERINTENDENT MAY APPROVE THE EMPLOYMENT, APPOINTMENT OR
PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS BEEN
REVOKED:
(1) IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
ITIES OF SUCH PERSON ARE SUBJECT TO APPROPRIATE SUPERVISION AND THAT
SUCH DUTIES AND RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR LICEN-
SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
(2) IF SUCH PERSON HAS FILED AN APPLICATION FOR REREGISTRATION OR
RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN ONE HUNDRED
TWENTY DAYS FOLLOWING THE FILING THEREOF, UNLESS THE SUPERINTENDENT
DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT OF SUCH
PERSON BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS ARTI-
CLE IF THE SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL SECURITIES
EXCHANGE.
§ 2911. CHANGE OF ADDRESS. A REGISTRANT OR LICENSEE UNDER THIS ARTICLE
SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE SUPERINTEN-
DENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
§ 2912. DUTIES. (A) A PHARMACY BENEFIT MANAGER SHALL BE REQUIRED TO
ADHERE TO THE CODE OF CONDUCT, AS THE SUPERINTENDENT MAY ESTABLISH BY
REGULATION PURSUANT TO SECTION TWENTY-NINE HUNDRED SIX OF THIS ARTICLE.
(B) NO CONTRACT WITH A HEALTH PLAN SHALL LIMIT ACCESS TO FINANCIAL OR
UTILIZATION INFORMATION OF THE PHARMACY BENEFIT MANAGER IN RELATION TO
PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO THE HEALTH PLAN.
(C) A PHARMACY BENEFIT MANAGER SHALL DISCLOSE IN WRITING TO A HEALTH
PLAN WITH WHOM A CONTRACT FOR PHARMACY BENEFIT MANAGEMENT SERVICES HAS
BEEN EXECUTED ANY ACTIVITY, POLICY, PRACTICE, CONTRACT OR ARRANGEMENT OF
THE PHARMACY BENEFIT MANAGER THAT DIRECTLY OR INDIRECTLY PRESENTS A
S. 7507 151 A. 9507
CONFLICT OF INTEREST WITH THE PHARMACY BENEFIT MANAGER'S CONTRACTUAL
RELATIONSHIP WITH, OR DUTIES AND OBLIGATIONS TO, THE HEALTH PLAN.
(D) A PHARMACY BENEFIT MANAGER SHALL ASSIST A HEALTH PLAN IN ANSWERING
ANY INQUIRY MADE UNDER SECTION THREE HUNDRED EIGHT OF THIS CHAPTER.
(E) NO PHARMACY BENEFIT MANAGER SHALL VIOLATE ANY PROVISION OF THE
PUBLIC HEALTH LAW APPLICABLE TO PHARMACY BENEFIT MANAGERS.
(F) (1) ANY INFORMATION REQUIRED TO BE DISCLOSED BY A PHARMACY BENEFIT
MANAGER TO A HEALTH PLAN UNDER THIS SECTION THAT IS DESIGNATED BY THE
PHARMACY BENEFIT MANAGER AS PROPRIETARY OR TRADE SECRET INFORMATION
SHALL BE KEPT CONFIDENTIAL BY THE HEALTH PLAN, EXCEPT AS REQUIRED TO BE
DISCLOSED BY LAW OR COURT ORDER, INCLUDING DISCLOSURE NECESSARY TO PROS-
ECUTE OR DEFEND ANY LEGITIMATE LEGAL CLAIM OR CAUSE OF ACTION.
(2) DESIGNATION AS PROPRIETARY OR TRADE SECRET INFORMATION UNDER THIS
SUBSECTION SHALL HAVE NO EFFECT ON THE OBLIGATIONS OF ANY PHARMACY BENE-
FIT MANAGER OR HEALTH PLAN TO PROVIDE THAT INFORMATION TO THE DEPART-
MENT.
§ 2913. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING WITH THE
PROVISIONS OF ARTICLES TWENTY-ONE AND FORTY-NINE OF THIS CHAPTER AND
ARTICLES FORTY-FOUR AND FORTY-NINE AND SECTIONS TWO HUNDRED EIGHTY-A AND
TWO HUNDRED EIGHTY-C OF THE PUBLIC HEALTH LAW, SECTION THREE HUNDRED
SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, OR ANY OTHER PROVISION OF THIS
CHAPTER OR THE FINANCIAL SERVICES LAW.
§ 2914. ASSESSMENTS. NOTWITHSTANDING SECTION TWO HUNDRED SIX OF THE
FINANCIAL SERVICES LAW, PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
TION WITH THE DEPARTMENT OR ARE LICENSED BY THE DEPARTMENT SHALL BE
ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
MENT THAT ARE ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT MANAGERS
IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM JUST AND REASON-
ABLE.
§ 2. Subsection (b) of section 2402 of the insurance law, as amended
by section 71 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
(b) "Defined violation" means the commission by a person of an act
prohibited by: subsection (a) of section one thousand one hundred two,
section one thousand two hundred fourteen, one thousand two hundred
seventeen, one thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, two
thousand one hundred two, two thousand one hundred seventeen, two thou-
sand one hundred twenty-two, two thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred thirteen, section
two thousand three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand five hundred four, two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred three, two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, TWO THOUSAND NINE HUNDRED TWO,
TWO THOUSAND NINE HUNDRED FIVE, three thousand one hundred nine, three
thousand two hundred twenty-four-a, three thousand four hundred twenty-
nine, three thousand four hundred thirty-three, paragraph seven of
subsection (e) of section three thousand four hundred twenty-six, four
thousand two hundred twenty-four, four thousand two hundred twenty-five,
four thousand two hundred twenty-six, seven thousand eight hundred nine,
seven thousand eight hundred ten, seven thousand eight hundred eleven,
seven thousand eight hundred thirteen, seven thousand eight hundred
S. 7507 152 A. 9507
fourteen and seven thousand eight hundred fifteen of this chapter; or
section 135.60, 135.65, 175.05, 175.45, or 190.20, or article one
hundred five of the penal law.
§ 3. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, or ruled by any feder-
al agency to violate or be inconsistent with any applicable federal law
or regulation, that shall not affect the validity or effectiveness of
any other provision of this act, or of any other application of any
provision of this act.
§ 4. This act shall take effect immediately.
PART V
Section 1. Section 9.51 of the mental hygiene law, as added by chapter
947 of the laws of 1981, subdivision (b) as amended by chapter 465 of
the laws of 1992, subdivision (c) as amended by chapter 230 of the laws
of 2004, the opening paragraph of subdivision (d) as amended by chapter
273 of the laws of 1986, subdivision (f) as amended by chapter 401 of
the laws of 2006, and the closing paragraph of subdivision (g) as
amended by section 66 of part A of chapter 3 of the laws of 2005, is
amended to read as follows:
§ 9.51 Residential treatment facilities for children and youth; admis-
sions.
(a) A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY IS DEVOTED TO THE
PROVISION OF INPATIENT PSYCHIATRIC CARE FOR PERSONS UNDER THE AGE OF
TWENTY-ONE. The director of a residential treatment facility for chil-
dren and youth may receive as a patient a person in need of care and
treatment in such a facility who has been [certified as needing] DETER-
MINED APPROPRIATE FOR such care [by the pre-admission certification
committee serving the facility] and TREATMENT in accordance with STAND-
ARDS AND priorities for admission established by [such committee, as
provided by this section. Subject to the provisions of this section, the
provisions of this article shall apply to admission and retention of
patients to residential treatment facilities for children and youth] THE
OFFICE IN REGULATIONS.
(b) Persons admitted as in-patients to hospitals operated by the
office of mental health upon the application of the [director of the
division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES pursuant to section five hundred nine of the executive law or
353.4 of the family court act who are not subject to a restrictive
placement pursuant to section 353.5 of the family court act, may, if
appropriate, and subject to the provisions of subdivision (d) of this
section, be transferred to a residential treatment facility for children
and youth. The [director of the division for youth] COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES shall be notified of any such
transfer. When appropriate, the director of the residential treatment
facility may arrange the return of a patient so transferred to the
hospital or the transfer of a patient to another hospital or, in accord-
ance with subdivision four of section five hundred nine of the executive
law[, to the division for youth] TO THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
(c) The commissioner shall [designate pre-admission certification
committees for defined geographic areas to evaluate each person proposed
for admission or transfer to a residential treatment facility for chil-
dren and youth. When designating persons to serve on pre-admission
certification committees, the commissioners shall assure that the inter-
S. 7507 153 A. 9507
ests of the people residing in the area to be served by each committee
are represented. Such committees shall include a person designated by
the office of mental health, a person designated by the state commis-
sioner of social services and a person designated by the state commis-
sioner of education. The commissioner of mental health shall consult
with the conference of local mental hygiene directors and the commis-
sioner of social services shall consult with county commissioners of
social services in the area to be served by a committee prior to desig-
nating persons to serve on a committee. The commissioners may designate
persons who are not state employees to serve on pre-admission certif-
ication committees. Membership of pre-admission certification committees
shall be limited to persons licensed in accordance with the education
law to practice medicine, nursing, psychology, or licensed clinical
social work. In the event the persons originally designated to a commit-
tee by the commissioners do not include a physician, the commissioner
shall designate a physician to serve as an additional member of the
committee. Each pre-admission certification committee shall designate
five persons representing local governments, voluntary agencies, parents
and other interested persons who shall serve as an advisory board to the
committee] CONSULT WITH THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHIL-
DREN AND FAMILIES REGARDING THE ESTABLISHMENT OF AN ADVISORY BOARD. THE
ADVISORY BOARD SHALL INCLUDE, AS DEEMED APPROPRIATE BY THE COMMISSIONER
AND THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHILDREN AND FAMILIES,
REPRESENTATIVES OF THE MEMBERS OF THE COUNCIL ON CHILDREN AND FAMILIES
AS SPECIFIED IN SECTION FOUR HUNDRED EIGHTY-THREE OF THE SOCIAL SERVICES
LAW, LOCAL AGENCY REPRESENTATIVES UNDER THE JURISDICTION OF A MEMBER
AGENCY OF THE COUNCIL ON CHILDREN AND FAMILIES. Such board shall have
the right to visit residential treatment facilities for children and
youth [served by the committee] and shall have the right to review clin-
ical records [obtained by the pre-admission certification committee] and
shall be bound by the confidentiality requirements of section 33.13 of
this chapter.
(d) [All applications] APPLICATIONS for admission or transfer of an
individual to a residential treatment facility for children and youth
[shall be referred to a pre-admission certification committee for] MUST
DOCUMENT THAT THERE HAS BEEN AN evaluation of the needs of the individ-
ual and [certification] A DETERMINATION of the individual's need for
treatment in a residential treatment facility for children and youth[.
Applications shall include an assessment of the individual's psychiat-
ric, medical and social needs prepared in accordance with a uniform
assessment method specified by the regulations of the commissioner. The
committee may at its discretion refer an applicant to a hospital or
other facility operated or licensed by the office for an additional
assessment. In the event of such an additional assessment of the indi-
vidual's needs, the facility conducting the assessment shall attempt to
receive all third party insurance or federal reimbursement available as
payment for the assessment. The state shall pay the balance of the fees
which may be charged by the provider in accordance with applicable
provisions of law. In addition, if necessary, in accordance with section
four thousand five of the education law, the pre-admission certification
committee shall obtain an evaluation of the educational needs of the
child by the committee on special education of the school district of
residence. The pre-admission certification committee shall review all
requests for evaluation and certification within thirty days of receipt
of a complete application and any additional assessments it may require
and, using a uniform assessment method specified by regulation of the
S. 7507 154 A. 9507
commissioner, evaluate the psychiatric, medical and social needs of the
proposed admittee and certify: (i) the individual's need for services in
a residential treatment facility for children and youth and (ii) the
immediacy of that need, given the availability of such services in the
area and the needs of other children evaluated by the committee and
certified as eligible for admission to a residential treatment facility
for children and youth who have not yet been admitted to such a facili-
ty. A pre-admission certification committee shall not certify an indi-
vidual for admission unless it finds that] AND THE APPROPRIATENESS OF
SUCH TREATMENT. IN THE CASE OF INDIVIDUALS WHO ARE APPLICANTS OR RECIPI-
ENTS OF MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF
THE SOCIAL SERVICES LAW, SUCH DETERMINATION SHALL ALSO INCLUDE CERTIF-
ICATION OF NEED FOR RESIDENTIAL TREATMENT FACILITY SERVICES IN ACCORD-
ANCE WITH THIS SECTION. WHERE CERTIFICATION IS REQUIRED, AN INDIVIDUAL
WILL BE CERTIFIED FOR ADMISSION IF:
(1) Available ambulatory care resources and other residential place-
ments do not meet the treatment needs of the individual;
(2) Proper treatment of the individual's psychiatric condition
requires in-patient care and treatment under the direction of a physi-
cian; and
(3) Care and treatment in a residential treatment facility for chil-
dren and youth can reasonably be expected to improve the individual's
condition or prevent further regression so that services will no longer
be needed, provided that a poor prognosis shall not in itself constitute
grounds for a denial of certification if treatment can be expected to
effect a change in prognosis. [All decisions of the committee to recom-
mend admission or priority of admission shall be based on the unanimous
vote of those present. The decision of the committee shall be reported
to the applicant. In the event a committee evaluates a child who is the
subject of a proceeding currently pending in the family court, the
committee shall report its decision to the family court.] PRIOR TO
ADMISSION AND AS FREQUENTLY AS THE OFFICE OR ITS DESIGNEE DEEMS NECES-
SARY, THE OFFICE OR ITS DESIGNEE MAY EVALUATE THE MEDICAL NECESSITY AND
QUALITY OF SERVICES FOR EACH MEDICAID MEMBER. IF THE OFFICE OR ITS
DESIGNEE DETERMINES THAT RESIDENTIAL TREATMENT SERVICES ARE NO LONGER
APPROPRIATE, THE DETERMINATION OF THE OFFICE OR ITS DESIGNEE SHALL BE
REPORTED TO THE FACILITY AND THE PERSON, OR THE PERSON'S LEGALLY AUTHOR-
IZED REPRESENTATIVE. SUCH DETERMINATION SHALL NOT BE EFFECTIVE RETROAC-
TIVELY.
No residential treatment facility for children and youth shall admit a
person who has not been DETERMINED APPROPRIATE AND WHERE APPROPRIATE,
certified [as suitable] for such admission [by the appropriate pre-ad-
mission certification committee]. Residential treatment facilities shall
admit [children in accordance with priorities for admission of children
most immediately in need of such services established by the pre-admis-
sion certification committee serving the facility in accordance with
standards established by the commissioner] INDIVIDUALS WHO HAVE BEEN
DESIGNATED AS PRIORITY ADMISSIONS BY THE OFFICE OR COMMISSIONER'S DESIG-
NEE.
(e) Notwithstanding any inconsistent provision of law, no government
agency shall make payments pursuant to title nineteen of the federal
social security act or articles five and six of the social services law
to a residential treatment facility for children and youth for service
to a person whose need for care and treatment in such a facility was not
certified pursuant to this section.
S. 7507 155 A. 9507
(f) No person shall be admitted to a residential treatment facility
for children and youth who has a mental illness which presents a likeli-
hood of serious harm to others; "likelihood of serious harm" shall mean
a substantial risk of physical harm to other persons as manifested by
recent homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.
(g) Notwithstanding any other provision of law, [pre-admission certif-
ication committees] THE OFFICE OR COMMISSIONER'S DESIGNEE shall be enti-
tled to review clinical records maintained by any person or entity which
pertain to an individual on whose behalf an application is made for
admission to a residential treatment facility for children and youth.
Any clinical records received by [a pre-admission certification commit-
tee and all assessments submitted to the committee] THE OFFICE OR
COMMISSIONER'S DESIGNEE shall be kept confidential in accordance with
the provisions of section 33.13 of [the mental hygiene law, provided,
however, that the commissioner may have access to and receive copies of
such records for the purpose of evaluating the operation and effective-
ness of the committee] THIS CHAPTER.
Confidentiality of clinical records of treatment of a person in a
residential treatment facility for children and youth shall be main-
tained as required in section 33.13 of this chapter. That portion of the
clinical record maintained by a residential treatment facility for chil-
dren and youth operated by an authorized agency specifically related to
medical care and treatment shall not be considered part of the record
required to be maintained by such authorized agency pursuant to section
three hundred seventy-two of the social services law and shall not be
discoverable in a proceeding under section three hundred fifty-eight-a
of the social services law or article ten-A of the family court act
except upon order of the family court; provided, however, that all other
information required by a local social services district or the office
of children and family services for purposes of sections three hundred
fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
services law and article ten-A of the family court act shall be
furnished on request, and the confidentiality of such information shall
be safeguarded as provided in section four hundred sixty-e of the social
services law.
§ 2. Subdivisions (b) and (c) of section 31.26 of the mental hygiene
law, as added by chapter 947 of the laws of 1981, are amended to read as
follows:
(b) The commissioner shall have the power to adopt rules and regu-
lations governing the establishment and operation of residential treat-
ment facilities for children and youth. Such rules and regulations shall
at least require, as a condition of issuance or retention of an operat-
ing certificate for a residential treatment facility for children and
youth, that admission of children into such facilities be in accordance
with priorities for admission of children most immediately in need of
such services [established by the pre-admission certification committee
serving the facility,] in accordance with [section 9.51 of this chapter]
STANDARDS ESTABLISHED BY THE COMMISSIONER.
(c) The commissioner [and the commissioner of social services shall],
in consultation with the commissioner of education [and the director of
the division for youth], THE COMMISSIONER OF SOCIAL SERVICES AND THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL adopt
rules and regulations governing the [operation of the pre-admission
certification committees] STANDARDS FOR ADMISSIONS OF INDIVIDUALS TO
S. 7507 156 A. 9507
RESIDENTIAL TREATMENT FACILITIES required in section 9.51 of this chap-
ter.
§ 3. Subdivision (g) of section 9.27 of the mental hygiene law, as
added by chapter 947 of the laws of 1981, is amended to read as follows:
(g) Applications for involuntary admission of patients to residential
treatment facilities for children and youth or transfer of involuntarily
admitted patients to such facilities [shall] MAY be reviewed by the
[pre-admission certification committee] OFFICE OR COMMISSIONER'S DESIG-
NEE serving such facility in accordance with section 9.51 of this arti-
cle.
§ 4. This act shall take effect July 1, 2020 and shall apply to all
applications received on or after such effective date.
PART W
Section 1. Subdivision 9 of section 730.10 of the criminal procedure
law, as added by section 1 of part Q of chapter 56 of the laws of 2012,
is amended to read as follows:
9. "Appropriate institution" means: (a) a hospital operated by the
office of mental health or a developmental center operated by the office
for people with developmental disabilities; [or] (b) a hospital licensed
by the department of health which operates a psychiatric unit licensed
by the office of mental health, as determined by the commissioner
provided, however, that any such hospital that is not operated by the
state shall qualify as an "appropriate institution" only pursuant to the
terms of an agreement between the commissioner and the hospital; OR (C)
A MENTAL HEALTH UNIT OPERATING WITHIN A LOCAL CORRECTIONAL FACILITY
EXCEPT THOSE LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION OR
MORE; PROVIDED HOWEVER, THAT ANY SUCH MENTAL HEALTH UNIT OPERATING WITH-
IN A LOCAL CORRECTIONAL FACILITY SHALL QUALIFY AS AN "APPROPRIATE INSTI-
TUTION" ONLY PURSUANT TO THE TERMS OF AN AGREEMENT BETWEEN THE COMMIS-
SIONER OF MENTAL HEALTH, DIRECTOR OF COMMUNITY MENTAL HEALTH SERVICES
AND THE SHERIFF FOR THE RESPECTIVE LOCALITY. Nothing in this article
shall be construed as requiring a hospital OR LOCAL CORRECTIONAL FACILI-
TY to consent to providing care and treatment to an incapacitated person
at such hospital OR LOCAL CORRECTIONAL FACILITY.
§ 2. This act shall take effect immediately.
PART X
Section 1. Pursuant to section 7.18 of the mental hygiene law, the
office of mental health will establish a separate appointing authority
of secure treatment and rehabilitation center within the office of
mental health for the care and treatment of dangerous sex offenders
requiring confinement as described in article 10 of the mental hygiene
law. All office of mental health employees who are substantially engaged
in the care and treatment of article 10 sex offenders will be trans-
ferred to the secure treatment and rehabilitation center pursuant to
subdivision 2 of section 70 of the civil service law. Employees will
remain in their current geographic location, and civil service title and
status.
§ 2. This act shall take effect immediately.
PART Y
S. 7507 157 A. 9507
Section 1. Sections 19 and 21 of chapter 723 of the laws of 1989
amending the mental hygiene law and other laws relating to comprehensive
psychiatric emergency programs, as amended by section 1 of part I of
chapter 59 of the laws of 2016, are amended to read as follows:
§ 19. Notwithstanding any other provision of law, the commissioner of
mental health shall, until July 1, [2020] 2024, be solely authorized, in
his or her discretion, to designate those general hospitals, local
governmental units and voluntary agencies which may apply and be consid-
ered for the approval and issuance of an operating certificate pursuant
to article 31 of the mental hygiene law for the operation of a compre-
hensive psychiatric emergency program.
§ 21. This act shall take effect immediately, and sections one, two
and four through twenty of this act shall remain in full force and
effect, until July 1, [2020] 2024, at which time the amendments and
additions made by such sections of this act shall be deemed to be
repealed, and any provision of law amended by any of such sections of
this act shall revert to its text as it existed prior to the effective
date of this act.
§ 2. Subdivisions (a), (b), (e), (f) and (h) of section 9.40 of the
mental hygiene law, as added by chapter 723 of the laws of 1989, are
amended, and a new subdivision (a-1) is added to read as follows:
(a) The director of any comprehensive psychiatric emergency program
may receive and retain therein for a period not to exceed [seventy-two]
NINETY-SIX hours, any person alleged to have a mental illness for which
immediate observation, care and treatment in such program is appropriate
and which is likely to result in serious harm to the person or others.
The director shall cause to be entered upon the program records the name
of the person or persons, if any, who have brought the person alleged to
have a mental illness to the program and the details of the circum-
stances leading the person or persons to bring the person alleged to
have a mental illness to the program.
(A-1) THE DIRECTOR SHALL CAUSE TRIAGE AND REFERRAL SERVICES TO BE
PROVIDED BY A PSYCHIATRIC NURSE PRACTITIONER OR PHYSICIAN OF THE PROGRAM
AS SOON AS SUCH PERSON IS RECEIVED INTO THE COMPREHENSIVE PSYCHIATRIC
EMERGENCY PROGRAM. AFTER RECEIVING TRIAGE AND REFERRAL SERVICES, SUCH
PERSON SHALL BE APPROPRIATELY TREATED AND DISCHARGED, OR REFERRED FOR
FURTHER CRISIS INTERVENTION SERVICES INCLUDING AN EXAMINATION BY A
PHYSICIAN AS DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
(b) The director shall cause examination of such persons NOT
DISCHARGED AFTER THE PROVISION OF TRIAGE AND REFERRAL SERVICES to be
initiated by a staff physician of the program as soon as practicable and
in any event within six hours after the person is received into the
program's emergency room. Such person may be retained for observation,
care and treatment and further examination for up to twenty-four hours
if, at the conclusion of such examination, such physician determines
that such person may have a mental illness for which immediate observa-
tion, care and treatment in a comprehensive psychiatric emergency
program is appropriate, and which is likely to result in serious harm to
the person or others.
(e) If at any time within the seventy-two [hour period it is deter-
mined that] HOURS AFTER such person IS ADMITTED TO AN EXTENDED OBSERVA-
TION BED AND continues to require immediate observation, care and treat-
ment in accordance with this section and THE NEED FOR such [requirement]
CARE is likely to continue beyond [the seventy-two hour period] SUCH
TIME PERIOD, such person shall be removed within a reasonable period of
time to an appropriate hospital authorized to receive and retain
S. 7507 158 A. 9507
patients pursuant to section 9.39 of this article and such person shall
be evaluated for admission and, if appropriate, shall be admitted to
such hospital in accordance with section 9.39 of this article, except
that if the person is admitted, the fifteen day retention period of
subdivision (b) of section 9.39 of this article shall be calculated from
the time such person was initially [registered] RECEIVED into the emer-
gency room of the comprehensive psychiatric emergency program. Any
person removed to a hospital pursuant to this paragraph shall be removed
without regard to the provisions of section 29.11 or 29.15 of this chap-
ter and shall not be considered to have been transferred or discharged
to another hospital.
(f) Nothing in this section shall preclude the involuntary admission
of a person to an appropriate hospital pursuant to the provisions of
this article if at any time during the [seventy-two] NINETY-SIX hour
period it is determined that the person is in need of involuntary care
and treatment in a hospital and the person does not agree to be admitted
to a hospital as a voluntary or informal patient. Efforts shall be made
to assure that any arrangements for such involuntary admissions in an
appropriate hospital shall be made within a reasonable period of time.
(h) All time periods referenced in this section shall be calculated
from the time such person is initially [registered] RECEIVED into the
emergency room of the comprehensive psychiatric emergency program.
§ 3. Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
graph (ii) of paragraph 2 of subdivision (b) of section 31.27 of the
mental hygiene law, paragraph 2 of subdivision (a) as added by chapter
723 of the laws of 1989, paragraph 5 of subdivision (a) as amended by
section 1 of part M of chapter 57 of the laws of 2006, paragraph 1 of
subdivision (b) as amended by section 2 of part M of chapter 57 of the
laws of 2006 and subparagraph (ii) of paragraph 2 of subdivision (b) as
amended by section 2 of part E of chapter 111 of the laws of 2010, are
amended and a new paragraph 12 is added to subdivision (a) to read as
follows:
(2) "Crisis intervention services" means [psychiatric emergency]
services provided in an emergency room located within a general hospi-
tal, which shall include BUT NOT BE LIMITED TO: psychiatric and medical
evaluations and assessments; prescription or adjustment of medication,
counseling, and other stabilization or treatment services intended to
reduce symptoms of mental illness[; extended observation beds; and other
on-site psychiatric emergency services] WHEN APPROPRIATE.
(5) "Extended observation bed" means an inpatient bed which is in or
adjacent to an emergency room located within a general hospital OR
SATELLITE FACILITY APPROVED BY THE COMMISSIONER, designed to provide a
safe environment for an individual who, in the opinion of the examining
physician, requires extensive evaluation, assessment, or stabilization
of the person's acute psychiatric symptoms, except that, if the commis-
sioner determines that the program can provide for the privacy and safe-
ty of all patients receiving services in a hospital, he or she may
approve the location of one or more such beds within another unit of the
hospital.
(12) "SATELLITE FACILITY" MEANS A MEDICAL FACILITY PROVIDING PSYCHIAT-
RIC EMERGENCY SERVICES THAT IS MANAGED AND OPERATED BY A GENERAL HOSPI-
TAL WHO HOLDS A VALID OPERATING CERTIFICATE FOR A COMPREHENSIVE PSYCHI-
ATRIC EMERGENCY PROGRAM AND IS LOCATED AWAY FROM THE CENTRAL CAMPUS OF
THE GENERAL HOSPITAL.
(1) The commissioner may license the operation of comprehensive
psychiatric emergency programs by general hospitals which are operated
S. 7507 159 A. 9507
by state or local governments or voluntary agencies. The provision of
such services in general hospitals may be located either within the
state or, with the approval of the commissioner and the director of the
budget and to the extent consistent with state and federal law, in a
contiguous state. The commissioner is further authorized to enter into
interstate agreements for the purpose of facilitating the development of
programs which provide services in another state. A comprehensive
psychiatric emergency program shall serve as a primary psychiatric emer-
gency service provider within a defined catchment area for persons in
need of psychiatric emergency services including persons who require
immediate observation, care and treatment in accordance with section
9.40 of this chapter. Each comprehensive psychiatric emergency program
shall provide or contract to provide psychiatric emergency services
twenty-four hours per day, seven days per week, including but not limit-
ed to: crisis intervention services, crisis outreach services, [crisis
residence services,] extended observation beds, and triage and referral
services.
(ii) a description of the program's psychiatric emergency services,
including BUT NOT LIMITED TO crisis intervention services, crisis
outreach services, [crisis residence services,] extended observation
beds, and triage and referral services, whether or not provided directly
or through agreement with other providers of services;
§ 4. Paragraphs 4 and 8 of subdivision (a), and subdivision (i) of
section 31.27 of the mental hygiene law are REPEALED.
§ 5. 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:
(a) sections two through four of this act shall take effect on the one
hundred eightieth day after it shall have become a law;
(b) the amendments to section 19 of chapter 723 of the laws of 1989
amending the mental hygiene law and other laws relating to comprehensive
psychiatric emergency programs made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with;
(c) the amendments to section 9.40 of the mental hygiene law made by
section two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; and
(d) the amendments to section 31.27 of the mental hygiene law made by
section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART Z
Section 1. The insurance law is amended by adding a new section 344 to
read as follows:
§ 344. MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY COMPLIANCE
PROGRAMS. (A) PURSUANT TO THE PAUL WELLSTONE AND PETE DOMENICI MENTAL
HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. § 1185A) AND
THE REQUIREMENT TO PROVIDE MENTAL HEALTH AND SUBSTANCE USE DISORDER
COVERAGE THAT IS COMPARABLE TO MEDICAL AND SURGICAL SERVICES AS REFER-
ENCED IN SECTIONS THREE THOUSAND TWO HUNDRED SIXTEEN, THREE THOUSAND TWO
HUNDRED TWENTY-ONE AND FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAP-
TER, THE SUPERINTENDENT AND THE COMMISSIONER OF HEALTH, IN CONSULTATION
WITH THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AND THE COMMIS-
SIONER OF MENTAL HEALTH, SHALL PROMULGATE REGULATIONS PRIOR TO OCTOBER
FIRST, TWO THOUSAND TWENTY TO ESTABLISH MENTAL HEALTH AND SUBSTANCE USE
S. 7507 160 A. 9507
DISORDER PARITY COMPLIANCE PROGRAM REQUIREMENTS. SUCH REGULATIONS
SHALL, AT A MINIMUM, SET FORTH REQUIREMENTS FOR POLICIES AND PROCEDURES
FOR COMPLIANCE, IMPERMISSIBLE PRACTICES, REQUIREMENTS FOR TRAINING AND
EDUCATION PROGRAMS, PUBLIC NOTIFICATION AND REMEDIATION REQUIREMENTS AND
METHODS FOR DESIGNATING AN EMPLOYEE OF THE INSURER WHO IS RESPONSIBLE
FOR ENSURING PARITY COMPLIANCE CONSISTENT WITH THIS CHAPTER AND FEDERAL
REQUIREMENTS.
(B) PENALTIES COLLECTED FOR VIOLATIONS OF SECTION THREE THOUSAND TWO
HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED TWENTY-ONE AND FOUR THOUSAND
THREE HUNDRED THREE OF THE INSURANCE LAW PRIOR TO OCTOBER FIRST, TWO
THOUSAND TWENTY SHALL BE DEPOSITED INTO THE GENERAL FUND. PENALTIES
COLLECTED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY FOR VIOLATIONS
OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN, THREE THOUSAND TWO
HUNDRED TWENTY-ONE AND FOUR THOUSAND THREE HUNDRED THREE OF THE INSUR-
ANCE LAW RELATED TO MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
COMPLIANCE AND VIOLATIONS OF REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION SHALL BE DEPOSITED IN A FUND ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-HH OF THE STATE FINANCE LAW.
§ 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
§ 99-HH. BEHAVIORAL HEALTH PARITY COMPLIANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT
OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE BEHAVIORAL
HEALTH PARITY COMPLIANCE FUND.
2. MONEYS IN THE BEHAVIORAL HEALTH PARITY COMPLIANCE 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. PROVIDED, HOWEVER THAT 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 COMPTROLLER IN OBLI-
GATIONS OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH
INVESTMENT SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR
PURPOSES OF THIS FUND.
3. SUCH FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOSITED
THERETO PURSUANT TO SECTION THREE HUNDRED FORTY-FOUR OF THE INSURANCE
LAW, SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW OR ANY
OTHER PROVISION OF LAW, MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY
THE STATE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE.
4. MONEYS OF THE FUND SHALL ONLY BE EXPENDED FOR INITIATIVES SUPPORT-
ING PARITY IMPLEMENTATION AND ENFORCEMENT ON BEHALF OF CONSUMERS,
INCLUDING THE BEHAVIORAL HEALTH OMBUDSMAN PROGRAM.
§ 3. Section 4414 of the public health law, as added by chapter 2 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:
§ 4414. Health care compliance programs. 1. The commissioner of
health, after consultation with the superintendent of financial
services, shall by regulation establish standards and criteria for
compliance programs to be implemented by persons providing coverage or
coverage and service pursuant to any public or governmentally-sponsored
or supported plan for health care coverage or services. Such regulations
shall include provisions for the design and implementation of programs
or processes to prevent, detect and address instances of fraud and
abuse. Such regulations shall take into account the nature of the enti-
ty's business and the size of its enrolled population. The commissioner
of health and the superintendent of financial services shall accept
S. 7507 161 A. 9507
programs and processes implemented pursuant to section four hundred nine
of the insurance 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.
2. (A) PURSUANT TO THE PAUL WELLSTONE AND PETE DOMENICI MENTAL HEALTH
PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. § 1185A) AND THE
REQUIREMENT TO PROVIDE MENTAL HEALTH AND SUBSTANCE USE DISORDER COVERAGE
THAT IS COMPARABLE TO MEDICAL AND SURGICAL SERVICES AS REFERENCED IN
SECTION FOUR THOUSAND THREE HUNDRED THREE OF THE INSURANCE LAW, THE
COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTA-
TION WITH THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AND THE
COMMISSIONER OF MENTAL HEALTH, SHALL PROMULGATE REGULATIONS PRIOR TO
OCTOBER FIRST, TWO THOUSAND TWENTY TO ESTABLISH MENTAL HEALTH AND
SUBSTANCE USE DISORDER PARITY COMPLIANCE PROGRAM REQUIREMENTS. SUCH
REGULATIONS SHALL, AT A MINIMUM, SET FORTH REQUIREMENTS FOR POLICIES AND
PROCEDURES FOR COMPLIANCE, IMPERMISSIBLE PRACTICES, REQUIREMENTS FOR
TRAINING AND EDUCATION PROGRAMS, PUBLIC NOTIFICATION AND REMEDIATION
REQUIREMENTS AND METHODS FOR DESIGNATING AN EMPLOYEE OF THE HEALTH MAIN-
TENANCE ORGANIZATION WHO IS RESPONSIBLE FOR ENSURING PARITY COMPLIANCE
CONSISTENT WITH THIS CHAPTER AND FEDERAL REQUIREMENTS.
(B) NOTWITHSTANDING ANY PROVISIONS OF SECTION TWELVE OF THIS CHAPTER
TO THE CONTRARY, PENALTIES COLLECTED FROM ANY HEALTH MAINTENANCE ORGAN-
IZATION CERTIFIED PURSUANT TO THIS ARTICLE RESULTING FROM A VIOLATION OF
THE HEALTH MAINTENANCE ORGANIZATION'S MENTAL HEALTH AND SUBSTANCE USE
DISORDER PARITY COMPLIANCE PROGRAM SHALL BE DEPOSITED INTO THE BEHAV-
IORAL HEALTH PARITY COMPLIANCE FUND AS ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-HH OF THE STATE FINANCE LAW.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART AA
Section 1. Subparagraph (iv) of paragraph c of subdivision 3 of
section 492 of the social services law, as added by section 1 of part B
of chapter 501 of the laws of 2012, is amended to read as follows:
(iv) WHEN DETERMINED TO BE RELEVANT TO AN INVESTIGATION, contact the
statewide central register of child abuse and maltreatment to determine
whether the subject of the report has been or is currently the subject
of an indicated child abuse and maltreatment report on file with the
statewide central register of child abuse and maltreatment;
§ 2. This act shall take effect immediately.
PART BB
Section 1. Subdivision (a) of section 16.03 of the mental hygiene law
is amended by adding a new paragraph 5 to read as follows:
(5) THE PROVISION OF SERVICES APPROVED IN A MEDICAID STATE PLAN
AUTHORIZED PURSUANT TO SECTION NINETEEN HUNDRED TWO OF THE FEDERAL
SOCIAL SECURITY ACT, INCLUDING OPTIONAL STATE PLAN SERVICES AUTHORIZED
PURSUANT TO SUBDIVISION (G) OF SECTION NINETEEN HUNDRED FIFTEEN OF THE
FEDERAL SOCIAL SECURITY ACT, AND DESIGNATED BY THE COMMISSIONER OF
HEALTH, IN CONSULTATION WITH THE COMMISSIONER, AS BEING FOR PERSONS WITH
DEVELOPMENTAL DISABILITIES.
§ 2. Subdivision (d) of section 16.03 of the mental hygiene law, as
added by chapter 786 of the laws of 1983, is amended to read as follows:
S. 7507 162 A. 9507
(d) The operation of a facility OR PROVISION OF SERVICES for which an
operating certificate is required pursuant to this article shall be in
accordance with the terms of the operating certificate and the regu-
lations of the commissioner.
§ 3. Subdivision (a) of section 16.11 of the mental hygiene law is
amended by adding a new paragraph 3 to read as follows:
(3) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH FIVE
OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
THE PROVIDER OF SERVICES COMPLIES WITH ALL THE REQUIREMENTS OF THE
APPLICABLE FEDERAL REGULATIONS AND RULES AND THE REGULATIONS ADOPTED BY
THE COMMISSIONER.
§ 4. Paragraph (a) of subdivision 4 of section 488 of the social
services law, as amended by section 2 of part MM of chapter 58 of the
laws of 2015, is amended to read as follows:
(a) a facility or program in which services are provided and which is
operated, licensed or certified by the office of mental health, the
office for people with developmental disabilities or the office of
[alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS, including but not limited to psychiatric centers, inpatient
psychiatric units of a general hospital, developmental centers, interme-
diate care facilities, community residences, group homes and family care
homes, provided, however, that such term shall not include a secure
treatment facility as defined in section 10.03 of the mental hygiene
law, services defined in [subparagraph] PARAGRAPHS four AND FIVE of
subdivision (a) of section 16.03 of the mental hygiene law, or services
provided in programs or facilities that are operated by the office of
mental health and located in state correctional facilities under the
jurisdiction of the department of corrections and community supervision;
§ 5. Subdivision 6 of section 2899 of the public health law, as
amended by section 3 of part C of chapter 57 of the laws of 2018, is
amended to read as follows:
6. "Provider" shall mean: (a) any residential health care facility
licensed under article twenty-eight of this chapter; or any certified
home health agency, licensed home care services agency or long term home
health care program certified under article thirty-six of this chapter;
any hospice program certified pursuant to article forty of this chapter;
or any adult home, enriched housing program or residence for adults
licensed under article seven of the social services law; or (b) [a
health home, or any subcontractor of such health home, who contracts
with or is approved or otherwise authorized by the department to provide
health home services to all those enrolled pursuant to a diagnosis of a
developmental disability as defined in subdivision twenty-two of section
1.03 of the mental hygiene law and enrollees who are under twenty-one
years of age under section three hundred sixty-five-l of the social
services law, or] any entity that provides home and community based
services to enrollees who are under twenty-one years of age under a
demonstration program pursuant to section eleven hundred fifteen of the
federal social security act.
§ 6. Paragraph (b) of subdivision 9 of section 2899-a of the public
health law, as amended by section 4 of part C of chapter 57 of the laws
of 2018, is amended to read as follows:
(b) Residential health care facilities licensed pursuant to article
twenty-eight of this chapter and certified home health care agencies and
long-term home health care programs certified or approved pursuant to
article thirty-six of this chapter [or a health home, or any subcontrac-
tor of such health home, who contracts with or is approved or otherwise
S. 7507 163 A. 9507
authorized by the department to provide health home services to all
those enrolled pursuant to a diagnosis of a developmental disability as
defined in subdivision twenty-two of section 1.03 of the mental hygiene
law and enrollees who are under twenty-one years of age under section
three hundred sixty-five-l of the social services law,] or any entity
that provides home and community based services to enrollees who are
under twenty-one years of age under a demonstration program pursuant to
section eleven hundred fifteen of the federal social security act, may,
subject to the availability of federal financial participation, claim as
reimbursable costs under the medical assistance program, costs reflect-
ing the fee established pursuant to law by the division of criminal
justice services for processing a criminal history information check,
the fee imposed by the federal bureau of investigation for a national
criminal history check, and costs associated with obtaining the finger-
prints, provided, however, that for the purposes of determining rates of
payment pursuant to article twenty-eight of this chapter for residential
health care facilities, such reimbursable fees and costs shall be
reflected as timely as practicable in such rates within the applicable
rate period.
§ 7. Subdivision 10 of section 2899-a of the public health law, as
amended by section 1 of part EE of chapter 57 of the laws of 2019, is
amended to read as follows:
10. Notwithstanding subdivision eleven of section eight hundred
forty-five-b of the executive law, a certified home health agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or a home care services agency exempt from certification or licensure
under article thirty-six of this chapter, a hospice program under arti-
cle forty of this chapter, or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, [or a health home, or any subcontractor of such health home, who
contracts with or is approved or otherwise authorized by the department
to provide health home services to all enrollees enrolled pursuant to a
diagnosis of a developmental disability as defined in subdivision twen-
ty-two of section 1.03 of the mental hygiene law and enrollees who are
under twenty-one years of age under section three hundred sixty-five-l
of the social services law,] or any entity that provides home and commu-
nity based services to enrollees who are under twenty-one years of age
under a demonstration program pursuant to section eleven hundred fifteen
of the federal social security act may temporarily approve a prospective
employee while the results of the criminal history information check and
the determination are pending, upon the condition that the provider
conducts appropriate direct observation and evaluation of the temporary
employee, while he or she is temporarily employed, and the care recipi-
ent; provided, however, that for [a health home, or any subcontractor of
a health home, who contracts with or is approved or otherwise authorized
by the department to provide health home services to all enrollees
enrolled pursuant to a diagnosis of developmental disability as defined
in subdivision twenty-two of section 1.03 of the mental hygiene law and
enrollees who are under twenty-one years of age under section three
hundred sixty-five-l of the social services law, or] any entity that
provides home and community based services to enrollees who are under
twenty-one years of age under a demonstration program pursuant to
section eleven hundred fifteen of the federal social security act,
direct observation and evaluation of temporary employees shall not be
required until July first, two thousand nineteen. The results of such
S. 7507 164 A. 9507
observations shall be documented in the temporary employee's personnel
file and shall be maintained. For purposes of providing such appropriate
direct observation and evaluation, the provider shall utilize an indi-
vidual employed by such provider with a minimum of one year's experience
working in an agency certified, licensed or approved under article thir-
ty-six of this chapter or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, [a health home, or any subcontractor of such health home, who
contracts with or is approved or otherwise authorized by the department
to provide health home services to those enrolled pursuant to a diagno-
sis of a developmental disability as defined in subdivision twenty-two
of section 1.03 of the mental hygiene law and enrollees who are under
twenty-one years of age under section three hundred sixty-five-l of the
social services law,] or any entity that provides home and community
based services to enrollees who are under twenty-one years of age under
a demonstration program pursuant to section eleven hundred fifteen of
the federal social security act. If the temporary employee is working
under contract with another provider certified, licensed or approved
under article thirty-six of this chapter, such contract provider's
appropriate direct observation and evaluation of the temporary employee,
shall be considered sufficient for the purposes of complying with this
subdivision.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
6 of section 2899 of the public health law made by section five of this
act shall not affect the expiration of such subdivision and shall be
deemed to expire therewith.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through BB of this act shall be
as specifically set forth in the last section of such Parts.
2019-S7507A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9507
- Current Committee:
- Senate Finance
- Law Section:
- Budget Bills
- Laws Affected:
- Amd Various Laws, generally
2019-S7507A (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state health and mental hygiene budget for the 2020-2021 state fiscal year; relates to extending effectiveness of various payment provisions relating to healthcare (Part A); repeals the department of health's requirement to audit the number of working hours for a hospital resident (Part B); relates to creating a pay and pursue model within the early intervention program (Part C)
2019-S7507A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7507--A A. 9507--A
S E N A T E - A S S E M B L Y
January 22, 2020
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the New York Health Care Reform Act of 1996, in relation
to extending certain provisions relating 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 uncompen-
sated care to certain voluntary non-profit diagnostic and treatment
centers; to amend the public health law, in relation to the distrib-
ution pool allocations and graduate 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 insur-
ance initiatives pool distributions; to amend chapter 266 of the laws
of 1986 amending the civil practice law and rules and other laws
relating to malpractice and professional medical conduct, in relation
to extending the effectiveness 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 imple-
ment 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 hospi-
tals; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12671-02-0
S. 7507--A 2 A. 9507--A
amending the public health law relating to payments from the New York
state medical indemnity fund, in relation to the effectiveness there-
of; and to repeal certain provisions of the public health law relating
to funding for certain programs (Part A); to repeal subdivision 9 of
section 2803 of the public health law, relating to the department of
health's requirement to audit the number of working hours for hospital
residents (Part B); to amend the insurance law, in relation to creat-
ing a pay and pursue model within the early intervention program (Part
C); to amend the social services law, in relation to limiting the
availability of enhanced quality of adult living program ("EQUAL")
grants (Part D); to amend the state finance law, in relation to trans-
ferring responsibility for the autism awareness 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 E); to amend chapter 59 of the laws of 2016 amending
the public health law and other laws relating to electronic
prescriptions, in relation to the effectiveness 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 relating to allowing for the use of
funds of the office of professional medical conduct for activities of
the patient health information and quality improvement act of 2000, in
relation to extending the provisions thereof; to amend chapter 59 of
the laws of 2011, amending the public health law relating to the
statewide health information network of New York and the statewide
planning and research cooperative system and general powers and
duties, in relation to the effectiveness thereof; to amend chapter 58
of the laws of 2008, amending the elder law and other laws relating to
reimbursement to participating provider pharmacies and prescription
drug coverage, in relation to extending the expiration of certain
provisions thereof; to amend the public health law, in relation to
issuance of certificates of authority to accountable care organiza-
tions; 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 penal-
ties 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 effectiveness 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 supple-
mental rebates, in relation to the effectiveness thereof; to amend
chapter 57 of the laws of 2019, amending the public health law relat-
ing to waiver of certain regulations, in relation to the effectiveness
thereof; to amend chapter 474 of the laws of 1996, amending the educa-
tion 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
S. 7507--A 3 A. 9507--A
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 expira-
tion of certain provisions thereof; and 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 effectiveness
thereof (Part F); to amend the insurance law, in relation to
prescription drug pricing and creating a drug accountability board
(Part G); to amend the education law, in relation to clarifying the
tasks that can be performed by a licensed pharmacy technician (Part
H); to amend the education law, in relation to orders or non-patient
specific regimens to pharmacists for administering immunizations; 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 making the provisions perma-
nent; 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
making certain provisions permanent; to amend chapter 274 of the laws
of 2013, amending the education law relating to authorizing a licensed
pharmacist and certified nurse practitioner to administer meningococ-
cal disease immunizing agents, in relation to the effectiveness there-
of; and to amend 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, in
relation to making certain provisions permanent (Part I); to amend the
insurance law, in relation to denial of payment for certain medically
necessary hospital services, 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 public
health law, the insurance law, the financial services law and the
civil practice law and rules, in relation to provisional credentialing
of physicians and utilization review determinations and prior authori-
zation; and to repeal certain provisions of the financial services law
relating thereto (Part J); to amend the public health law, in relation
to the state's physician profiles (Part K); to amend the education law
and the public health law, in relation to enhancing the ability of the
department of education to investigate, discipline, and monitor
licensed physicians, physician assistants, and specialist assistants
(Part L); to amend the public health law, in relation to the state's
schedules of controlled substances (Part M); to amend the public
health law, in relation to general hospital and nursing home require-
ments to establish antibiotic stewardship programs and antimicrobial
resistance and infection prevention training programs (Part N); to
amend the public health law, in relation to expanding the Sexual
Assault Forensic Examiner (SAFE) Program to all New York state hospi-
tals with an emergency department (Part O); to amend the public health
law and the labor law, in relation to the state's modernization of
environmental health fee (Part P); to amend the public health law, the
education law, the general business law and the tax law, in relation
to the tobacco and electronic cigarette omnibus state of the state
proposal; and to repeal certain provisions of the public health law
relating thereto (Part Q); to amend the social services law, in
S. 7507--A 4 A. 9507--A
relation to certain Medicaid management; authorizing the director of
the division of the budget to direct the commissioner of health to
distribute enhanced federal match assistance percentage payments to
social services districts; and relating to state expenditures (Part
R); to amend the public health law, in relation to adding a three
percent surcharge to construction approval applications (Part S); 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 excess insurance coverage and extend-
ing the effectiveness of certain provisions thereof; 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 thereto, in relation to extending provisions
relating to excess coverage (Part T); to amend the insurance law, in
relation to the licensing of pharmacy benefit managers (Part U); to
amend the mental hygiene law, in relation to admission to residential
treatment facilities (RTF) for children and youth (Part V); to amend
the criminal procedure law, in relation to including mental health
units operating within a local correctional facility within the defi-
nition of "appropriate institution" under certain circumstances (Part
W); to authorize the transfer of certain office of mental health
employees to the secure treatment rehabilitation center (Part X); to
amend the mental hygiene law, in relation to the amount of time an
individual may be held for emergency observation, care, and treatment
in CPEP and the implementation of satellite sites; to amend chapter
723 of the laws of 1989 amending the mental hygiene law and other laws
relating to comprehensive psychiatric emergency programs, in relation
to the effectiveness of certain provisions thereof; and to repeal
paragraphs 4 and 8 of subdivision (a), and subdivision (i) of section
31.27 of the mental hygiene law, relating thereto (Part Y); to amend
the insurance law, in relation to promulgating rules and regulations
to establish mental health and substance use disorder parity compli-
ance requirements; and to amend the state finance law and public
health law, in relation to establishing the behavioral health parity
compliance fund (Part Z); to amend the social services law, in
relation to the requirement to check the statewide central register of
child abuse and maltreatment for every subject of a reported allega-
tion of abuse or neglect (Part AA); to amend the mental hygiene law,
the social services law and the public health law, in relation to
providers of service (Part BB);to amend the public health law, in
relation to the renaming of the Physically Handicapped Children's
Program (Part CC); to amend education law and other laws relating to
applied behavior analysis, in relation to extending the expiration of
certain provisions thereof (Part DD); and to amend the social services
law, the public health law and the insurance law, in relation to
creating a single preferred-drug list for medication assisted treat-
ment; 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 effec-
S. 7507--A 5 A. 9507--A
tiveness there-of; and providing for the repeal of certain provisions
upon expiration thereof (Part EE)
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
necessary to implement the state health and mental hygiene budget for
the 2020-2021 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through EE. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes a refer-
ence to a section "of this act", when used in connection with that
particular component, shall be deemed to mean and refer to the corre-
sponding 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. Section 34 of part A3 of chapter 62 of the laws of 2003
amending the general business law and other laws relating to enacting
major components necessary to implement the state fiscal plan for the
2003-04 state fiscal year, as amended by section 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
S. 7507--A 6 A. 9507--A
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
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
S. 7507--A 7 A. 9507--A
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
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;
S. 7507--A 8 A. 9507--A
§ 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
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;
S. 7507--A 9 A. 9507--A
(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
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
S. 7507--A 10 A. 9507--A
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,
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
S. 7507--A 11 A. 9507--A
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
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
S. 7507--A 12 A. 9507--A
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
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
S. 7507--A 13 A. 9507--A
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
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
S. 7507--A 14 A. 9507--A
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
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
S. 7507--A 15 A. 9507--A
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-
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-
S. 7507--A 16 A. 9507--A
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
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;
S. 7507--A 17 A. 9507--A
(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:
(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;
S. 7507--A 18 A. 9507--A
(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
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)
S. 7507--A 19 A. 9507--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
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
S. 7507--A 20 A. 9507--A
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;
(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
S. 7507--A 21 A. 9507--A
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.
(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
S. 7507--A 22 A. 9507--A
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:
(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
S. 7507--A 23 A. 9507--A
(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;
(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.
S. 7507--A 24 A. 9507--A
(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).
(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-
S. 7507--A 25 A. 9507--A
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
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:
S. 7507--A 26 A. 9507--A
(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-
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-
S. 7507--A 27 A. 9507--A
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
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
S. 7507--A 28 A. 9507--A
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
completion of the requirements set forth in items (I) and (II) of clause
(G) of this subparagraph. The requirements set forth in items (IV) and
(V) of clause (G) of this subparagraph must be completed by the consor-
tium or teaching general hospital in order for the consortium or teach-
ing general hospital to be eligible to apply for ECRIP funding in any
subsequent funding cycle.
(II) Each consortium or teaching general hospital with a two-year
ECRIP award shall receive its first annual distribution amount in full
upon completion of the requirements set forth in items (I) and (II) of
clause (G) of this subparagraph. Each consortium or teaching general
hospital will receive its second annual distribution amount in full upon
completion of the requirements set forth in item (III) of clause (G) of
this subparagraph. The requirements set forth in items (IV) and (V) of
clause (G) of this subparagraph must be completed by the consortium or
teaching general hospital in order for the consortium or teaching gener-
al hospital to be eligible to apply for ECRIP funding in any subsequent
funding cycle.
(E) Each consortium or teaching general hospital receiving distrib-
utions pursuant to this subparagraph shall reserve seventy-five thousand
dollars to primarily fund salary and fringe benefits of the clinical
research position with the remainder going to fund the development of
faculty who are involved in biomedical research, training and clinical
care.
(F) Undistributed or returned funds available to fund clinical
research positions pursuant to this paragraph for a distribution period
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
S. 7507--A 29 A. 9507--A
shall be maintained by each consortium and teaching general hospital for
five years from the date of submission:
(I) For each clinical research position, information on the type,
scope, training objectives, institutional support, clinical research
experience of the sponsor-mentor, plans for submitting research outcomes
to peer reviewed journals and at scientific meetings, including a meet-
ing sponsored by the department, the name of a principal contact person
responsible for tracking the career development of researchers placed in
clinical research positions, as defined in paragraph (c) of subdivision
one of this section, and who is authorized to certify to the commission-
er that all the requirements of the clinical research training objec-
tives set forth in this subparagraph shall be met. Such certification
shall be provided by July first of each distribution period;
(II) For each clinical research position, information on the name,
citizenship status, medical education and training, and medical license
number of the researcher, if applicable, shall be provided by December
thirty-first of the calendar year following the distribution period;
(III) Information on the status of the clinical research plan, accom-
plishments, changes in research activities, progress, and performance of
the researcher shall be provided upon completion of one-half of the
award term;
(IV) A final report detailing training experiences, accomplishments,
activities and performance of the clinical researcher, and data, meth-
ods, results and analyses of the clinical research plan shall be
provided three months after the clinical research position ends; and
(V) Tracking information concerning past researchers, including but
not limited to (A) background information, (B) employment history, (C)
research status, (D) current research activities, (E) publications and
presentations, (F) research support, and (G) any other information
necessary to track the researcher; and
(VI) Any other data or information required by the commissioner to
implement this subparagraph.
(H) Notwithstanding any inconsistent provision of this subdivision,
for periods on and after April first, two thousand thirteen, ECRIP grant
awards shall be made in accordance with rules and regulations promulgat-
ed by the commissioner. Such regulations shall, at a minimum:
(1) provide that ECRIP grant awards shall be made with the objective
of securing federal funding for biomedical research, training clinical
researchers, recruiting national leaders as faculty to act as mentors,
and training residents and fellows in biomedical research skills;
(2) provide that ECRIP grant applicants may include interdisciplinary
research teams comprised of teaching general hospitals acting in collab-
oration with entities including but not limited to medical centers,
hospitals, universities and local health departments;
(3) provide that applications for ECRIP grant awards shall be based on
such information requested by the commissioner, which shall include but
not be limited to hospital-specific data;
(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
S. 7507--A 30 A. 9507--A
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.]
[(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
S. 7507--A 31 A. 9507--A
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians who enter and remain in primary care or specialty practices in
underserved communities, as determined by the commissioner, including
but not limited to physicians working in general hospitals, or other
health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
[(e)] (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-
S. 7507--A 32 A. 9507--A
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
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-
S. 7507--A 33 A. 9507--A
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.
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,
S. 7507--A 34 A. 9507--A
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
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]
S. 7507--A 35 A. 9507--A
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
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
S. 7507--A 36 A. 9507--A
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
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
S. 7507--A 37 A. 9507--A
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
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:
S. 7507--A 38 A. 9507--A
(i) forty-eight million dollars to be reserved, to be retained or for
distribution pursuant to a chapter of the laws of two thousand, for the
period January first, two thousand through December thirty-first, two
thousand;
(ii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand one,
for the period January first, two thousand one through December thirty-
first, two thousand one;
(iii) eighty-seven million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand two,
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) eighty-eight million dollars to be reserved, to be retained or
for distribution pursuant to a chapter of the laws of two thousand
three, for the period January first, two thousand three through December
thirty-first, two thousand three;
(v) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand four, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(vi) eighty-eight million dollars, plus five hundred thousand dollars,
to be reserved, to be retained or for distribution pursuant to a chapter
of the laws of two thousand five, and pursuant to the former section
twenty-seven hundred ninety-nine-l of this chapter, for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(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)
S. 7507--A 39 A. 9507--A
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) twenty-seven million dollars for the period January first, two
thousand one through December thirty-first, two thousand one; and
(iii) fifty-seven million dollars for the period January first, two
thousand two through December thirty-first, two thousand two.
(e) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to the family health plus program
including up to two and one-half million dollars annually for the period
January first, two thousand through December thirty-first, two thousand
two for administration and marketing costs associated with such program
established pursuant to clause (B) of subparagraph (v) of paragraph (a)
of subdivision two of section three hundred sixty-nine-ee of the social
services law from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) two million five hundred thousand dollars for the period January
first, two thousand through December thirty-first, two thousand;
(ii) thirty million five hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one; and
(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
S. 7507--A 40 A. 9507--A
hundred twenty-one-a and forty-three hundred twenty-two-a of the insur-
ance law from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to thirty-five million dollars for the period January first,
two thousand through December thirty-first, two thousand of which fifty
percentum shall be allocated to the program pursuant to section four
thousand three hundred twenty-one-a of the insurance law and fifty
percentum to the program pursuant to section four thousand three hundred
twenty-two-a of the insurance law;
(ii) up to thirty-six million dollars for the period January first,
two thousand one through December thirty-first, two thousand one of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iii) up to thirty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(iv) up to forty million dollars for the period January first, two
thousand three through December thirty-first, two thousand three of
which fifty percentum shall be allocated to the program pursuant to
section four thousand three hundred twenty-one-a of the insurance law
and fifty percentum to the program pursuant to section four thousand
three hundred twenty-two-a of the insurance law;
(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
S. 7507--A 41 A. 9507--A
and fifty per centum shall be allocated to the program pursuant to
section four thousand three hundred twenty-two-a of the insurance law.
(h) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of services and expenses related to the healthy New York individual
program established pursuant to sections four thousand three hundred
twenty-six and four thousand three hundred twenty-seven of the insurance
law from the tobacco control and insurance initiatives pool established
for the following periods in the following amounts:
(i) up to six million dollars for the period January first, two thou-
sand one through December thirty-first, two thousand one;
(ii) up to twenty-nine million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iii) up to five million one hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iv) up to twenty-four million six hundred thousand dollars for the
period January first, two thousand four through December thirty-first,
two thousand four;
(v) up to thirty-four million six hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vi) up to fifty-four million eight hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(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;
S. 7507--A 42 A. 9507--A
(vii) up to sixty-one million seven hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(viii) up to one hundred three million seven hundred fifty thousand
dollars for the period January first, two thousand eight through Decem-
ber thirty-first, two thousand eight.
(i-1) Notwithstanding the provisions of paragraphs (h) and (i) of this
subdivision, the commissioner shall reserve and accumulate up to two
million five hundred thousand dollars annually for the periods January
first, two thousand four through December thirty-first, two thousand
six, one million four hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, two million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, from funds
otherwise available for distribution under such paragraphs for the
services and expenses related to the pilot program for entertainment
industry employees included in subsection (b) of section one thousand
one hundred twenty-two of the insurance law, and an additional seven
hundred thousand dollars annually for the periods January first, two
thousand four through December thirty-first, two thousand six, an addi-
tional three hundred thousand dollars for the period January first, two
thousand seven through June thirtieth, two thousand seven for services
and expenses related to the pilot program for displaced workers included
in subsection (c) of section one thousand one hundred twenty-two of the
insurance law.
(j) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
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
S. 7507--A 43 A. 9507--A
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]
(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;
S. 7507--A 44 A. 9507--A
(vi) ninety-one million eight hundred thousand dollars, plus an addi-
tional five hundred thousand dollars, for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) one hundred fifty-six million six hundred thousand dollars, plus
an additional five hundred thousand dollars, for the period January
first, two thousand six through December thirty-first, two thousand six;
(viii) one hundred fifty-one million four hundred thousand dollars,
plus an additional five hundred thousand dollars, for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(ix) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(x) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand nine through December thirty-first, two
thousand nine;
(xi) one hundred sixteen million nine hundred forty-nine thousand
dollars, plus an additional five hundred thousand dollars, for the peri-
od January first, two thousand ten through December thirty-first, two
thousand ten;
(xii) twenty-nine million two hundred thirty-seven thousand two
hundred fifty dollars, plus an additional one hundred twenty-five thou-
sand dollars, for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(xiii) one hundred twenty million thirty-eight thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve; and
(xiv) one hundred nineteen million four hundred seven thousand dollars
each state fiscal year for the period April first, two thousand twelve
through March thirty-first, two thousand fourteen.
(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;
S. 7507--A 45 A. 9507--A
(vi) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand five through December thirty-first,
two thousand five;
(vii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six;
(viii) up to sixty-five million two hundred thousand dollars for the
period January first, two thousand seven through December thirty-first,
two thousand seven; and
(ix) up to sixteen million three hundred thousand dollars for the
period January first, two thousand eight through March thirty-first, two
thousand eight.
(m) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of services and expenses related to home care workers insurance
pilot demonstration programs established pursuant to subdivision two of
section three hundred sixty-seven-o of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand through December thirty-first, two thousand;
(ii) three million eight hundred thousand dollars for the period Janu-
ary first, two thousand one through December thirty-first, two thousand
one;
(iii) three million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(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:
S. 7507--A 46 A. 9507--A
(i) one hundred seven million dollars for the period January first,
two thousand through December thirty-first, two thousand;
(ii) one hundred sixty-four million dollars for the period January
first, two thousand one through December thirty-first, two thousand one;
(iii) three hundred twenty-two million seven hundred thousand dollars
for the period January first, two thousand two through December thirty-
first, two thousand two;
(iv) four hundred thirty-three million three hundred thousand dollars
for the period January first, two thousand three through December thir-
ty-first, two thousand three;
(v) five hundred four million one hundred fifty thousand dollars for
the period January first, two thousand four through December thirty-
first, two thousand four;
(vi) five hundred sixty-six million eight hundred thousand dollars for
the period January first, two thousand five through December thirty-
first, two thousand five;
(vii) six hundred three million one hundred fifty thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(viii) six hundred sixty million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(ix) three hundred sixty-seven million four hundred sixty-three thou-
sand dollars for the period January first, two thousand eight through
December thirty-first, two thousand eight;
(x) three hundred thirty-four million eight hundred twenty-five thou-
sand dollars for the period January first, two thousand nine through
December thirty-first, two thousand nine;
(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:
S. 7507--A 47 A. 9507--A
(i) up to ninety million dollars for the period January first, two
thousand through December thirty-first, two thousand;
(ii) up to sixty million dollars for the period January first, two
thousand one through December thirty-first, two thousand one;
(iii) up to eighty-five million dollars for the period January first,
two thousand two through December thirty-first, two thousand two;
(iv) eighty-five million two hundred fifty thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(v) seventy-eight million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(vi) seventy-eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(vii) ninety-one million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(viii) seventy-eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(ix) seventy-eight million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(x) seventy-eight million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(xi) seventy-eight million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(xii) nineteen million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(xiii) sixty-nine million eight hundred forty thousand dollars each
state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen;
(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;
S. 7507--A 48 A. 9507--A
(v) up to eighty-two million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to eighty-two million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(vii) up to eighty-two million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
(viii) up to eighty-two million dollars for the period January first,
two thousand nine through December thirty-first, two thousand nine;
(ix) up to eighty-two million dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten;
(x) up to twenty million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) up to eighty-two million dollars each state fiscal year for the
period April first, two thousand eleven through March thirty-first, two
thousand fourteen.
(q) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing distributions to eligible school based health centers
established pursuant to section eighty-eight of chapter one of the laws
of nineteen hundred ninety-nine, from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) seven million dollars annually for the period January first, two
thousand through December thirty-first, two thousand two;
(ii) up to seven million dollars for the period January first, two
thousand three through December thirty-first, two thousand three;
(iii) up to seven million dollars for the period January first, two
thousand four through December thirty-first, two thousand four;
(iv) up to seven million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to seven million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(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
S. 7507--A 49 A. 9507--A
(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;
(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;
S. 7507--A 50 A. 9507--A
(iv) up to twenty-four million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(v) up to twenty-four million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(vi) up to twenty-four million dollars for the period January first,
two thousand six through December thirty-first, two thousand six;
(vii) up to twenty-four million dollars for the period January first,
two thousand seven through December thirty-first, two thousand seven;
(viii) up to twenty-four million dollars for the period January first,
two thousand eight through December thirty-first, two thousand eight;
and
(ix) up to twenty-two million dollars for the period January first,
two thousand nine through November thirtieth, two thousand nine.
(t) Funds shall be reserved and accumulated from year to year by the
commissioner and shall be made available, including income from invested
funds:
(i) For the purpose of making grants to a state owned and operated
medical school which does not have a state owned and operated hospital
on site and available for teaching purposes. Notwithstanding sections
one hundred twelve and one hundred sixty-three of the state finance law,
such grants shall be made in the amount of up to five hundred thousand
dollars for the period January first, two thousand through December
thirty-first, two thousand;
(ii) For the purpose of making grants to medical schools pursuant to
section eighty-six-a of chapter one of the laws of nineteen hundred
ninety-nine in the sum of up to four million dollars for the period
January first, two thousand through December thirty-first, two thousand;
and
(iii) The funds disbursed pursuant to subparagraphs (i) and (ii) of
this paragraph from the tobacco control and insurance initiatives pool
are contingent upon meeting all funding amounts established pursuant to
paragraphs (a), (b), (c), (d), (e), (f), (l), (m), (n), (p), (q), (r)
and (s) of this subdivision, paragraph (a) of subdivision nine of
section twenty-eight hundred seven-j of this article, and paragraphs
(a), (i) and (k) of subdivision one of section twenty-eight hundred
seven-l of this article.
(u) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
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
S. 7507--A 51 A. 9507--A
(iii) up to fifty-six million five hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six.
(v) Funds shall be transferred by the commissioner and shall be depos-
ited to the credit of the hospital excess liability pool created pursu-
ant to section eighteen of chapter two hundred sixty-six of the laws of
nineteen hundred eighty-six, or any successor fund or account, for
purposes of expenses related to the purchase of excess medical malprac-
tice insurance and the cost of administrating the pool, including costs
associated with the risk management program established pursuant to
section forty-two of part A of chapter one of the laws of two thousand
two required by paragraph (a) of subdivision one of section eighteen of
chapter two hundred sixty-six of the laws of nineteen hundred eighty-six
as may be amended from time to time, from the tobacco control and insur-
ance initiatives pool established for the following periods in the
following amounts:
(i) up to fifty million dollars or so much as is needed for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to seventy-six million seven hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(iii) up to sixty-five million dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(iv) up to sixty-five million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to one hundred thirteen million eight hundred thousand dollars
for the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) up to one hundred thirty million dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) up to one hundred thirty million dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight;
(viii) up to one hundred thirty million dollars for the period January
first, two thousand nine through December thirty-first, two thousand
nine;
(ix) up to one hundred thirty million dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
(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.
S. 7507--A 52 A. 9507--A
(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;
(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
S. 7507--A 53 A. 9507--A
share of the non-public general hospital rates increases for recruitment
and retention of health care workers from the tobacco control and insur-
ance initiatives pool established for the following periods in the
following amounts:
(i) twenty-seven million one hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) fifty million eight hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixty-nine million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) sixty-nine million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) sixty-nine million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) sixty-five million three hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) sixty-one million one hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight; and
(viii) forty-eight million seven hundred twenty-one thousand dollars
for the period January first, two thousand nine through November thirti-
eth, two thousand nine.
(y) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to public general hospitals for recruitment and retention of
health care workers pursuant to paragraph (b) of subdivision thirty of
section twenty-eight hundred seven-c of this article from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) eighteen million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-seven million four hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) fifty-two million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) fifty-two million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(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
S. 7507--A 54 A. 9507--A
(viii) twelve million two hundred fifty thousand dollars for the peri-
od January first, two thousand nine through March thirty-first, two
thousand nine.
Provided, however, amounts pursuant to this paragraph may be reduced
in an amount to be approved by the director of the budget to reflect
amounts received from the federal government under the state's 1115
waiver which are directed under its terms and conditions to the health
workforce recruitment and retention program.
(z) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the non-public residential health care facility rate increases
for recruitment and retention of health care workers pursuant to para-
graph (a) of subdivision eighteen of section twenty-eight hundred eight
of this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) twenty-one million five hundred thousand dollars on an annualized
basis for the period January first, two thousand two through December
thirty-first, two thousand two;
(ii) thirty-three million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand three through
December thirty-first, two thousand three;
(iii) forty-six million three hundred thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) forty-six million three hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) forty-six million three hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) thirty million nine hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) twenty-four million seven hundred thousand dollars for the peri-
od January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) twelve million three hundred seventy-five thousand dollars for
the period January first, two thousand nine through December thirty-
first, two thousand nine;
(ix) nine million three hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten; and
(x) two million three hundred twenty-five thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven.
(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:
S. 7507--A 55 A. 9507--A
(i) seven million five hundred thousand dollars on an annualized basis
for the period January first, two thousand two through December thirty-
first, two thousand two;
(ii) eleven million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) sixteen million two hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) sixteen million two hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(vi) ten million eight hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) six million seven hundred fifty thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight; and
(viii) one million three hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine.
(bb)(i) Funds shall be deposited by the commissioner, within amounts
appropriated, and subject to the availability of federal financial
participation, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of adjustments to Medicaid rates of payment for personal
care services provided pursuant to paragraph (e) of subdivision two of
section three hundred sixty-five-a of the social services law, for local
social service districts which include a city with a population of over
one million persons and computed and distributed in accordance with
memorandums of understanding to be entered into between the state of New
York and such local social service districts for the purpose of support-
ing the recruitment and retention of personal care service workers or
any worker with direct patient care responsibility, from the tobacco
control and insurance initiatives pool established for the following
periods and the following amounts:
(A) forty-four million dollars, on an annualized basis, for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(B) seventy-four million dollars, on an annualized basis, for the
period January first, two thousand three through December thirty-first,
two thousand three;
(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;
S. 7507--A 56 A. 9507--A
(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
(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]
S. 7507--A 57 A. 9507--A
(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.
(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;
S. 7507--A 58 A. 9507--A
(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.
(dd) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for physician services from the tobacco control
and insurance initiatives pool established for the following periods in
the following amounts:
(i) up to fifty-two million dollars for the period January first, two
thousand two through December thirty-first, two thousand two;
(ii) eighty-one million two hundred thousand dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) eighty-five million two hundred thousand dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) eighty-five million two hundred thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) eighty-five million two hundred thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) eighty-five million two hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) eighty-five million two hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) eighty-five million two hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eighty-five million two hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten;
S. 7507--A 59 A. 9507--A
(x) twenty-one million three hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven; and
(xi) eighty-five million two hundred thousand dollars each state
fiscal year for the period April first, two thousand eleven through
March thirty-first, two thousand fourteen.
(ee) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of the free-standing diagnostic and treatment center rate increases for
recruitment and retention of health care workers pursuant to subdivision
seventeen of section twenty-eight hundred seven of this article from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) three million two hundred fifty thousand dollars for the period
April first, two thousand two through December thirty-first, two thou-
sand two;
(ii) three million two hundred fifty thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) three million two hundred fifty thousand dollars on an annual-
ized basis for the period January first, two thousand four through
December thirty-first, two thousand four;
(iv) three million two hundred fifty thousand dollars for the period
January first, two thousand five through December thirty-first, two
thousand five;
(v) three million two hundred fifty thousand dollars for the period
January first, two thousand six through December thirty-first, two thou-
sand six;
(vi) three million two hundred fifty thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) three million four hundred thirty-eight thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(viii) two million four hundred fifty thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) one million five hundred thousand dollars for the period January
first, two thousand ten through December thirty-first, two thousand ten;
and
(x) three hundred twenty-five thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(ff) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue fund - other, HCRA transfer fund, medical assistance account, or
any successor fund or account, for purposes of funding the state share
of Medicaid expenditures for disabled persons as authorized pursuant to
former subparagraphs twelve and thirteen of paragraph (a) of subdivision
one of section three hundred sixty-six of the social services law from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
S. 7507--A 60 A. 9507--A
(i) one million eight hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) sixteen million four hundred thousand dollars on an annualized
basis for the period January first, two thousand three through December
thirty-first, two thousand three;
(iii) eighteen million seven hundred thousand dollars on an annualized
basis for the period January first, two thousand four through December
thirty-first, two thousand four;
(iv) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) thirty million six hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) thirty million six hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(vii) fifteen million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight;
(viii) fifteen million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(ix) fifteen million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten;
(x) three million seven hundred fifty thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven;
(xi) fifteen million dollars each state fiscal year for the period
April first, two thousand eleven through March thirty-first, two thou-
sand fourteen;
(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;
S. 7507--A 61 A. 9507--A
(v) up to eight million six hundred thousand dollars on an annualized
basis for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to two million six hundred thousand dollars for the period
January first, two thousand seven through December thirty-first, two
thousand seven;
(vii) up to two million six hundred thousand dollars for the period
January first, two thousand eight through December thirty-first, two
thousand eight;
(viii) up to two million six hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) up to two million six hundred thousand dollars for the period
January first, two thousand ten through December thirty-first, two thou-
sand ten; and
(x) up to six hundred fifty thousand dollars for the period January
first, two thousand eleven through March thirty-first, two thousand
eleven.
(hh) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the special revenue
fund - other, HCRA transfer fund, medical assistance account for
purposes of providing financial assistance to residential health care
facilities pursuant to subdivisions nineteen and twenty-one of section
twenty-eight hundred eight of this article, from the tobacco control and
insurance initiatives pool established for the following periods in the
following amounts:
(i) for the period April first, two thousand two through December
thirty-first, two thousand two, ten million dollars;
(ii) for the period January first, two thousand three through December
thirty-first, two thousand three, nine million four hundred fifty thou-
sand dollars;
(iii) for the period January first, two thousand four through December
thirty-first, two thousand four, nine million three hundred fifty thou-
sand dollars;
(iv) up to fifteen million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(v) up to fifteen million dollars for the period January first, two
thousand six through December thirty-first, two thousand six;
(vi) up to fifteen million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven;
(vii) up to fifteen million dollars for the period January first, two
thousand eight through December thirty-first, two thousand eight;
(viii) up to fifteen million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine;
(ix) up to fifteen million dollars for the period January first, two
thousand ten through December thirty-first, two thousand ten;
(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
S. 7507--A 62 A. 9507--A
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for the purpose of supporting the
state share of Medicaid expenditures for disabled persons as authorized
by sections 1619 (a) and (b) of the federal social security act pursuant
to the tobacco control and insurance initiatives pool established for
the following periods in the following amounts:
(i) six million four hundred thousand dollars for the period April
first, two thousand two through December thirty-first, two thousand two;
(ii) eight million five hundred thousand dollars, for the period Janu-
ary first, two thousand three through December thirty-first, two thou-
sand three;
(iii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand four through December thirty-first, two thousand
four;
(iv) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand five through December thirty-first, two thousand
five;
(v) eight million five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(vi) eight million six hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven;
(vii) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight;
(viii) eight million five hundred thousand dollars for the period
January first, two thousand nine through December thirty-first, two
thousand nine;
(ix) eight million five hundred thousand dollars for the period Janu-
ary first, two thousand ten through December thirty-first, two thousand
ten;
(x) two million one hundred twenty-five thousand dollars for the peri-
od January first, two thousand eleven through March thirty-first, two
thousand eleven;
(xi) eight million five hundred thousand dollars each state fiscal
year for the period April first, two thousand eleven through March thir-
ty-first, two thousand fourteen;
(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
S. 7507--A 63 A. 9507--A
amount of five million dollars, for the period April first, two thousand
eight through March thirty-first, two thousand nine in the amount of
five million dollars, and for the period April first, two thousand nine
through March thirty-first, two thousand ten in the amount of five
million dollars, for the period April first, two thousand ten through
March thirty-first, two thousand eleven in the amount of two million two
hundred thousand dollars, and for the period April first, two thousand
eleven through March thirty-first, two thousand twelve up to one million
one hundred thousand dollars.
(kk) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medical Assistance Program expenditures from the tobacco
control and insurance initiatives pool established for the following
periods in the following amounts:
(i) thirty-eight million eight hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(ii) up to two hundred ninety-five million dollars for the period
January first, two thousand three through December thirty-first, two
thousand three;
(iii) up to four hundred seventy-two million dollars for the period
January first, two thousand four through December thirty-first, two
thousand four;
(iv) up to nine hundred million dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(v) up to eight hundred sixty-six million three hundred thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(vi) up to six hundred sixteen million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) up to five hundred seventy-eight million nine hundred twenty-
five thousand dollars for the period January first, two thousand eight
through December thirty-first, two thousand eight; and
(viii) within amounts appropriated on and after January first, two
thousand nine.
(ll) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds -- other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of Medicaid expenditures related to the city of New York from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(i) eighty-two million seven hundred thousand dollars for the period
January first, two thousand two through December thirty-first, two thou-
sand two;
(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;
S. 7507--A 64 A. 9507--A
(iv) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(v) one hundred twenty-four million seven hundred thousand dollars for
the period January first, two thousand six through December thirty-
first, two thousand six;
(vi) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand seven through December thir-
ty-first, two thousand seven;
(vii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand eight through December thir-
ty-first, two thousand eight;
(viii) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(ix) one hundred twenty-four million seven hundred thousand dollars
for the period January first, two thousand ten through December thirty-
first, two thousand ten;
(x) thirty-one million one hundred seventy-five thousand dollars for
the period January first, two thousand eleven through March thirty-
first, two thousand eleven; and
(xi) one hundred twenty-four million seven hundred thousand dollars
each state fiscal year for the period April first, two thousand eleven
through March thirty-first, two thousand fourteen.
(mm) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding specified
percentages of the state share of services and expenses related to the
family health plus program in accordance with the following schedule:
(i) (A) for the period January first, two thousand three through
December thirty-first, two thousand four, one hundred percent of the
state share;
(B) for the period January first, two thousand five through December
thirty-first, two thousand five, seventy-five percent of the state
share; and
(C) for periods beginning on and after January first, two thousand
six, fifty percent of the state share.
(ii) Funding for the family health plus program will include up to
five million dollars annually for the period January first, two thousand
three through December thirty-first, two thousand six, up to five
million dollars for the period January first, two thousand seven through
December thirty-first, two thousand seven, up to seven million two
hundred thousand dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight, up to seven
million two hundred thousand dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine, up to
seven million two hundred thousand dollars for the period January first,
two thousand ten through December thirty-first, two thousand ten, up to
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-
S. 7507--A 65 A. 9507--A
sand thirteen, and up to six million four hundred sixty-one thousand
dollars for the period April first, two thousand thirteen through March
thirty-first, two thousand fourteen, for administration and marketing
costs associated with such program established pursuant to clauses (A)
and (B) of subparagraph (v) of paragraph (a) of subdivision two of
section three hundred sixty-nine-ee of the social services law from the
tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(A) one hundred ninety million six hundred thousand dollars for the
period January first, two thousand three through December thirty-first,
two thousand three;
(B) three hundred seventy-four million dollars for the period January
first, two thousand four through December thirty-first, two thousand
four;
(C) five hundred thirty-eight million four hundred thousand dollars
for the period January first, two thousand five through December thir-
ty-first, two thousand five;
(D) three hundred eighteen million seven hundred seventy-five thousand
dollars for the period January first, two thousand six through December
thirty-first, two thousand six;
(E) four hundred eighty-two million eight hundred thousand dollars for
the period January first, two thousand seven through December thirty-
first, two thousand seven;
(F) five hundred seventy million twenty-five thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(G) six hundred ten million seven hundred twenty-five thousand dollars
for the period January first, two thousand nine through December thir-
ty-first, two thousand nine;
(H) six hundred twenty-seven million two hundred seventy-five thousand
dollars for the period January first, two thousand ten through December
thirty-first, two thousand ten;
(I) one hundred fifty-seven million eight hundred seventy-five thou-
sand dollars for the period January first, two thousand eleven through
March thirty-first, two thousand eleven;
(J) six hundred twenty-eight million four hundred thousand dollars for
the period April first, two thousand eleven through March thirty-first,
two thousand twelve;
(K) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand twelve through March thirty-first, two
thousand thirteen;
(L) six hundred fifty million four hundred thousand dollars for the
period April first, two thousand thirteen through March thirty-first,
two thousand fourteen; and
(M) up to three hundred ten million five hundred ninety-five thousand
dollars for the period April first, two thousand fourteen through March
thirty-first, two thousand fifteen.
(nn) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for deposit to the credit of the state special
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:
S. 7507--A 66 A. 9507--A
(i) up to four million dollars for the period January first, two thou-
sand three through December thirty-first, two thousand three;
(ii) up to six million dollars for the period January first, two thou-
sand four through December thirty-first, two thousand four;
(iii) up to eight million dollars for the period January first, two
thousand five through December thirty-first, two thousand five,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(iv) up to eight million dollars for the period January first, two
thousand six through December thirty-first, two thousand six, provided,
however, that up to five million two hundred fifty thousand dollars of
such funds shall be received by the comptroller and deposited to the
credit of the special revenue fund - other / aid to localities, HCRA
transfer fund - 061, enhanced community services account - 05, or any
successor fund or account, for the purposes set forth in this paragraph;
(v) up to eight million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven,
provided, however, that up to five million two hundred fifty thousand
dollars of such funds shall be received by the comptroller and deposited
to the credit of the special revenue fund - other / aid to localities,
HCRA transfer fund - 061, enhanced community services account - 05, or
any successor fund or account, for the purposes set forth in this para-
graph;
(vi) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand eight through December thirty-first,
two thousand eight;
(vii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand nine through December thirty-first,
two thousand nine;
(viii) up to two million seven hundred fifty thousand dollars for the
period January first, two thousand ten through December thirty-first,
two thousand ten; and
(ix) up to six hundred eighty-eight thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(oo) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of grants to non-public general hospitals pursuant to paragraph (e) of
subdivision twenty-five of section twenty-eight hundred seven-c of this
article from the tobacco control and insurance initiatives pool estab-
lished for the following periods in the following amounts:
(i) up to five million dollars on an annualized basis for the period
January first, two thousand four through December thirty-first, two
thousand four;
(ii) up to five million dollars for the period January first, two
thousand five through December thirty-first, two thousand five;
(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;
S. 7507--A 67 A. 9507--A
(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:
(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
S. 7507--A 68 A. 9507--A
long term care insurance resource centers with the necessary resources
to carry out their operations;
(iii) up to five million dollars for the period January first, two
thousand six through December thirty-first, two thousand six; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(iv) up to five million dollars for the period January first, two
thousand seven through December thirty-first, two thousand seven; of
such funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(v) up to five million dollars for the period January first, two thou-
sand eight through December thirty-first, two thousand eight; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long term
care insurance resource centers with the necessary resources to carry
out their operations;
(vi) up to five million dollars for the period January first, two
thousand nine through December thirty-first, two thousand nine; of such
funds one million nine hundred fifty thousand dollars shall be made
available to the department for the purpose of developing, implementing
and administering the long-term care insurance education and outreach
program and three million fifty thousand dollars shall be made available
to the office for the aging for the purpose of providing the long-term
care insurance resource centers with the necessary resources to carry
out their operations;
(vii) up to four hundred eighty-eight thousand dollars for the period
January first, two thousand ten through March thirty-first, two thousand
ten; of such funds four hundred eighty-eight thousand dollars shall be
made available to the department for the purpose of developing, imple-
menting and administering the long-term care insurance education and
outreach program.
(rr) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and shall be available, including income
from invested funds, for the purpose of supporting expenses related to
implementation of the provisions of title [III] 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;
S. 7507--A 69 A. 9507--A
(iv) up to ten million dollars for the period January first, two thou-
sand nine through December thirty-first, two thousand nine;
(v) up to ten million dollars for the period January first, two thou-
sand ten through December thirty-first, two thousand ten; and
(vi) up to two million five hundred thousand dollars for the period
January first, two thousand eleven through March thirty-first, two thou-
sand eleven.
(ss) Funds shall be reserved and accumulated from the tobacco control
and insurance initiatives pool and used for a health care stabilization
program established by the commissioner for the purposes of stabilizing
critical health care providers and health care programs whose ability to
continue to provide appropriate services are threatened by financial or
other challenges, in the amount of up to twenty-eight million dollars
for the period July first, two thousand four through June thirtieth, two
thousand five. Notwithstanding the provisions of section one hundred
twelve of the state finance law or any other inconsistent provision of
the state finance law or any other law, funds available for distribution
pursuant to this paragraph may be allocated and distributed by the
commissioner, or the state comptroller as applicable without a compet-
itive bid or request for proposal process. Considerations relied upon by
the commissioner in determining the allocation and distribution of these
funds shall include, but not be limited to, the following: (i) the
importance of the provider or program in meeting critical health care
needs in the community in which it operates; (ii) the provider or
program provision of care to under-served populations; (iii) the quality
of the care or services the provider or program delivers; (iv) the abil-
ity of the provider or program to continue to deliver an appropriate
level of care or services if additional funding is made available; (v)
the ability of the provider or program to access, in a timely manner,
alternative sources of funding, including other sources of government
funding; (vi) the ability of other providers or programs in the communi-
ty to meet the community health care needs; (vii) whether the provider
or program has an appropriate plan to improve its financial condition;
and (viii) whether additional funding would permit the provider or
program to consolidate, relocate, or close programs or services where
such actions would result in greater stability and efficiency in the
delivery of needed health care services or programs.
(tt) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, for purposes
of providing grants for two long term care demonstration projects
designed to test new models for the delivery of long term care services
established pursuant to section twenty-eight hundred seven-x of this
chapter, for the following periods and in the following amounts:
(i) up to five hundred thousand dollars for the period January first,
two thousand four through December thirty-first, two thousand four;
(ii) up to five hundred thousand dollars for the period January first,
two thousand five through December thirty-first, two thousand five;
(iii) up to five hundred thousand dollars for the period January
first, two thousand six through December thirty-first, two thousand six;
(iv) up to one million dollars for the period January first, two thou-
sand seven through December thirty-first, two thousand seven; and
(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
S. 7507--A 70 A. 9507--A
purpose of supporting disease management and telemedicine demonstration
programs authorized pursuant to section twenty-one hundred eleven of
this chapter for the following periods in the following amounts:
(i) five million dollars for the period January first, two thousand
four through December thirty-first, two thousand four, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(ii) five million dollars for the period January first, two thousand
five through December thirty-first, two thousand five, of which three
million dollars shall be available for disease management demonstration
programs and two million dollars shall be available for telemedicine
demonstration programs;
(iii) nine million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(iv) nine million five hundred thousand dollars for the period January
first, two thousand seven through December thirty-first, two thousand
seven, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and one million
dollars shall be available for telemedicine demonstration programs;
(v) nine million five hundred thousand dollars for the period January
first, two thousand eight through December thirty-first, two thousand
eight, of which seven million five hundred thousand dollars shall be
available for disease management demonstration programs and two million
dollars shall be available for telemedicine demonstration programs;
(vi) seven million eight hundred thirty-three thousand three hundred
thirty-three dollars for the period January first, two thousand nine
through December thirty-first, two thousand nine, of which seven million
five hundred thousand dollars shall be available for disease management
demonstration programs and three hundred thirty-three thousand three
hundred thirty-three dollars shall be available for telemedicine demon-
stration programs for the period January first, two thousand nine
through March first, two thousand nine;
(vii) one million eight hundred seventy-five thousand dollars for the
period January first, two thousand ten through March thirty-first, two
thousand ten shall be available for disease management demonstration
programs.
(ww) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for recruitment and
retention of health care workers pursuant to paragraph (e) of subdivi-
sion thirty of section twenty-eight hundred seven-c of this article from
the tobacco control and insurance initiatives pool established for the
following periods in the following amounts:
(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.
S. 7507--A 71 A. 9507--A
(xx) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of the general hospital rates increases for rural hospitals pursu-
ant to subdivision thirty-two of section twenty-eight hundred seven-c of
this article from the tobacco control and insurance initiatives pool
established for the following periods in the following amounts:
(i) three million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand six through December thirty-first, two thousand
six;
(iii) three million five hundred thousand dollars for the period Janu-
ary first, two thousand seven through December thirty-first, two thou-
sand seven;
(iv) three million five hundred thousand dollars for the period Janu-
ary first, two thousand eight through December thirty-first, two thou-
sand eight; and
(v) three million two hundred eight thousand dollars for the period
January first, two thousand nine through November thirtieth, two thou-
sand nine.
(yy) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated and notwithstanding
section one hundred twelve of the state finance law and any other
contrary provision of law, for the purpose of supporting grants not to
exceed five million dollars to be made by the commissioner without a
competitive bid or request for proposal process, in support of the
delivery of critically needed health care services, to health care
providers located in the counties of Erie and Niagara which executed a
memorandum of closing and conducted a merger closing in escrow on Novem-
ber twenty-fourth, nineteen hundred ninety-seven and which entered into
a settlement dated December thirtieth, two thousand four for a loss on
disposal of assets under the provisions of title XVIII of the federal
social security act applicable to mergers occurring prior to December
first, nineteen hundred ninety-seven.
(zz) Funds shall be reserved and accumulated from year to year and
shall be available, within amounts appropriated, for the purpose of
supporting expenditures authorized pursuant to section twenty-eight
hundred eighteen of this article from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) six million five hundred thousand dollars for the period January
first, two thousand five through December thirty-first, two thousand
five;
(ii) one hundred eight million three hundred thousand dollars for the
period January first, two thousand six through December thirty-first,
two thousand six, provided, however, that within amounts appropriated in
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
S. 7507--A 72 A. 9507--A
thousand six through two thousand seven state fiscal year, a portion of
such funds may be transferred to the Roswell Park Cancer Institute
Corporation to fund capital costs;
(iv) one hundred seventy-one million five hundred thousand dollars for
the period January first, two thousand eight through December thirty-
first, two thousand eight;
(v) one hundred twenty-eight million seven hundred fifty thousand
dollars for the period January first, two thousand nine through December
thirty-first, two thousand nine;
(vi) one hundred thirty-one million three hundred seventy-five thou-
sand dollars for the period January first, two thousand ten through
December thirty-first, two thousand ten;
(vii) thirty-four million two hundred fifty thousand dollars for the
period January first, two thousand eleven through March thirty-first,
two thousand eleven;
(viii) four hundred thirty-three million three hundred sixty-six thou-
sand dollars for the period April first, two thousand eleven through
March thirty-first, two thousand twelve;
(ix) one hundred fifty million eight hundred six thousand dollars for
the period April first, two thousand twelve through March thirty-first,
two thousand thirteen;
(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
S. 7507--A 73 A. 9507--A
maintenance of air conditioning in resident rooms, consistent with this
paragraph, in an amount up to two million dollars for the period April
first, two thousand six through March thirty-first, two thousand seven,
up to three million eight hundred thousand dollars for the period April
first, two thousand seven through March thirty-first, two thousand
eight, up to three million eight hundred thousand dollars for the period
April first, two thousand eight through March thirty-first, two thousand
nine, up to three million eight hundred thousand dollars for the period
April first, two thousand nine through March thirty-first, two thousand
ten, and up to three million eight hundred thousand dollars for the
period April first, two thousand ten through March thirty-first, two
thousand eleven. Residents shall not be charged utility cost for the use
of air conditioners supplied under the EnAbLe program. All such air
conditioners must be operated in occupied resident rooms consistent with
requirements applicable to common areas.
(ccc) Funds shall be deposited by the commissioner, within amounts
appropriated, and the state comptroller is hereby authorized and
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the rates for certified home health agencies, long
term home health care programs, AIDS home care programs, hospice
programs and managed long term care plans and approved managed long term
care operating demonstrations as defined in section forty-four hundred
three-f of this chapter for recruitment and retention of health care
workers pursuant to subdivisions nine and ten of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following periods in the following
amounts:
(i) twenty-five million dollars for the period June first, two thou-
sand six through December thirty-first, two thousand six;
(ii) fifty million dollars for the period January first, two thousand
seven through December thirty-first, two thousand seven;
(iii) fifty million dollars for the period January first, two thousand
eight through December thirty-first, two thousand eight;
(iv) fifty million dollars for the period January first, two thousand
nine through December thirty-first, two thousand nine;
(v) fifty million dollars for the period January first, two thousand
ten through December thirty-first, two thousand ten;
(vi) twelve million five hundred thousand dollars for the period Janu-
ary first, two thousand eleven through March thirty-first, two thousand
eleven;
(vii) up to fifty million dollars each state fiscal year for the peri-
od April first, two thousand eleven through March thirty-first, two
thousand fourteen;
(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
S. 7507--A 74 A. 9507--A
directed to receive for the deposit to the credit of the state special
revenue funds - other, HCRA transfer fund, medical assistance account,
or any successor fund or account, for purposes of funding the state
share of increases in the medical assistance rates for providers for
purposes of enhancing the provision, quality and/or efficiency of home
care services pursuant to subdivision eleven of section thirty-six
hundred fourteen of this chapter from the tobacco control and insurance
initiatives pool established for the following period in the amount of
eight million dollars for the period April first, two thousand six
through December thirty-first, two thousand six.
(eee) Funds shall be reserved and accumulated from year to year and
shall be available, including income from invested funds, to the Center
for Functional Genomics at the State University of New York at Albany,
for the purposes of the Adirondack network for cancer education and
research in rural communities grant program to improve access to health
care and shall be made available from the tobacco control and insurance
initiatives pool established for the following period in the amount of
up to five million dollars for the period January first, two thousand
six through December thirty-first, two thousand six.
(fff) Funds shall be made available to the empire state stem cell
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.
S. 7507--A 75 A. 9507--A
(iii) Funds shall be reserved and set aside and accumulated from year
to year and shall be made available, including income from investment
funds, for the purpose of supporting the New York state medical indem-
nity fund as authorized pursuant to title four of article twenty-nine-D
of this chapter, for the following periods and in the following amounts,
provided, however, that the commissioner is authorized to seek waiver
authority from the federal centers for medicare and Medicaid for the
purpose of securing Medicaid federal financial participation for such
program, in which case the funding authorized pursuant to this paragraph
shall be utilized as the non-federal share for such payments:
Thirty million dollars for the period April first, two thousand eleven
through March thirty-first, two thousand twelve.
2. (a) For periods prior to January first, two thousand five, the
commissioner is authorized to contract with the article forty-three
insurance law plans, or such other contractors as the commissioner shall
designate, to receive and distribute funds from the tobacco control and
insurance initiatives pool established pursuant to this section. In the
event contracts with the article forty-three insurance law plans or
other commissioner's designees are effectuated, the commissioner shall
conduct annual audits of the receipt and distribution of such funds. The
reasonable costs and expenses of an administrator as approved by the
commissioner, not to exceed for personnel services on an annual basis
five hundred thousand dollars, for collection and distribution of funds
pursuant to this section shall be paid from such funds.
(b) Notwithstanding any inconsistent provision of section one hundred
twelve or one hundred sixty-three of the state finance law or any other
law, at the discretion of the commissioner without a competitive bid or
request for proposal process, contracts in effect for administration of
pools established pursuant to sections twenty-eight hundred seven-k,
twenty-eight hundred seven-l and twenty-eight hundred seven-m of this
article for the period January first, nineteen hundred ninety-nine
through December thirty-first, nineteen hundred ninety-nine may be
extended to provide for administration pursuant to this section and may
be amended as may be necessary.
§ 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;
S. 7507--A 76 A. 9507--A
(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;
(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 B
Section 1. Subdivision 9 of section 2803 of the public health law is
REPEALED.
§ 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 C
Section 1. Section 3235-a of the insurance law is amended by adding
two new subsections (e) and (f) to read as follows:
S. 7507--A 77 A. 9507--A
(E)(1) AN INSURER SHALL PAY AN EARLY INTERVENTION PROGRAM SERVICE
CLAIM TO A PROVIDER THROUGH THE STATE FISCAL AGENT, DESIGNATED PURSUANT
TO SECTION TWO THOUSAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH
LAW, THAT PARTICIPATES IN THE INSURER'S PROVIDER NETWORK IN ACCORDANCE
WITH SUBSECTION (A) OF SECTION THIRTY-TWO HUNDRED TWENTY-FOUR-A OF THIS
ARTICLE WHERE THE INSURER'S OBLIGATION TO PAY IS REASONABLY CLEAR, EVEN
THOUGH THERE MAY BE A DISAGREEMENT ABOUT WHETHER THE EARLY INTERVENTION
PROGRAM SERVICE WAS MEDICALLY NECESSARY.
(2) NOTWITHSTANDING THE PROVISIONS OF ARTICLE FORTY-NINE OF THIS CHAP-
TER AND ARTICLE FORTY-NINE OF THE PUBLIC HEALTH LAW, FOLLOWING PAYMENT
OF THE EARLY INTERVENTION PROGRAM SERVICE CLAIM, AN INSURER MAY INITIATE
A NON-EXPEDITED EXTERNAL APPEAL PURSUANT TO TITLE TWO OF ARTICLE FORTY-
NINE OF THIS CHAPTER OR TITLE TWO OF ARTICLE FORTY-NINE OF THE PUBLIC
HEALTH LAW OR PURSUE A DETERMINATION FROM AN INDEPENDENT THIRD-PARTY
REVIEW AGENT AGREED UPON BY THE INSURER AND THE PROVIDER, WHICH DETERMI-
NATION SHALL BE BINDING, IN ORDER TO DETERMINE WHETHER THE EARLY INTER-
VENTION PROGRAM SERVICE WAS MEDICALLY NECESSARY. THE INSURER SHALL
NOTIFY THE STATE FISCAL AGENT AS DESIGNATED PURSUANT TO SECTION TWO
THOUSAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH LAW OF THE
EXTERNAL APPEAL AGENT'S OR INDEPENDENT THIRD-PARTY REVIEW AGENT'S DETER-
MINATION. IF THE EXTERNAL APPEAL AGENT OR THE INDEPENDENT THIRD-PARTY
REVIEW AGENT DETERMINES THAT THE EARLY INTERVENTION PROGRAM SERVICE
PROVIDED WAS NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, THE INSURER
MAY RECOUP, OFFSET, OR OTHERWISE REQUIRE A REFUND OF ANY OVERPAYMENT
RESULTING FROM THE DETERMINATION. SUCH RECOUPMENT, OFFSET OR OTHER
REQUIRED REFUND SHALL BE A CHARGE TO THE APPROPRIATE MUNICIPALITY AND
STATE. THE STATE FISCAL AGENT DESIGNATED PURSUANT TO SECTION TWO THOU-
SAND FIVE HUNDRED FIFTY-SEVEN OF THE PUBLIC HEALTH LAW SHALL PROCESS THE
RECOUPMENT, OFFSET, OR REFUND SUBMITTED BY THE INSURER WITHIN NINETY
DAYS OF RECEIPT OF THE NOTIFICATION OF THE EXTERNAL APPEAL AGENT'S OR
INDEPENDENT THIRD-PARTY REVIEW AGENT'S DETERMINATION.
(3) IF THE EXTERNAL APPEAL AGENT OR INDEPENDENT THIRD-PARTY REVIEW
AGENT DETERMINES THAT THE EARLY INTERVENTION PROGRAM SERVICES RENDERED
BY THE PROVIDER WERE NOT MEDICALLY NECESSARY, IN WHOLE OR IN PART, MORE
THAN SIXTY PERCENT OF THE TIME IN ANY TWELVE-MONTH PERIOD, THE INSURER
MAY FOR THE SUBSEQUENT TWELVE-MONTH PERIOD REVIEW THE PROVIDER'S EARLY
INTERVENTION PROGRAM SERVICES CLAIMS FOR MEDICAL NECESSITY PRIOR TO
MAKING PAYMENT, IN ACCORDANCE WITH TITLE ONE OF ARTICLE FORTY-NINE OF
THIS CHAPTER OR TITLE ONE OF ARTICLE FORTY-NINE OF THE PUBLIC HEALTH
LAW.
(4) NOTHING IN THIS SUBSECTION SHALL PROHIBIT AN INSURER FROM REQUIR-
ING PREAUTHORIZATION FOR EARLY INTERVENTION PROGRAM SERVICES. A CLAIM
FOR AN EARLY INTERVENTION PROGRAM SERVICE FOR WHICH AN INSURER DENIED A
PREAUTHORIZATION REQUEST SHALL NOT BE SUBJECT TO THIS SUBSECTION.
(F) FOR PURPOSES OF THIS SECTION, "INSURER" SHALL MEAN AN INSURER
AUTHORIZED TO WRITE ACCIDENT AND HEALTH INSURANCE IN THIS STATE, A
CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A
MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE
FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGANIZATION CERTI-
FIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
§ 2. This act shall take effect January 1, 2021 and shall apply to
health care services provided on and after such date.
PART D
S. 7507--A 78 A. 9507--A
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 OR
SAFETY NET ASSISTANCE OR WHO ARE LIVING WITH A SERIOUS MENTAL ILLNESS,
AS DEFINED BY THE COMMISSIONER OF HEALTH. 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, STAFF TRAINING,
OUTDOOR LEISURE PROJECTS, AND CULTURALLY RECREATIONAL AND OTHER LEISURE
EVENTS; AND RESIDENT QUALITY OF LIFE, PURSUANT TO SUBPARAGRAPH (I) OF
PARAGRAPH (A) OF THIS DIVISION, OR
(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.
(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 THIS SUBDIVISION, OR SUPPORT SUSTAINABLE ENHANCEMENTS TO the physical
environment of the facility PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH
(A) OF THIS SUBDIVISION [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, improvements in food quali-
ty, furnishings, equipment, security, and maintenance or repairs to the
facility]. 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 AND HAS BEEN REVIEWED
AND APPROVED BY THE RESIDENTS' COUNCIL. The department shall investi-
gate reports of resident abuse and retaliation related to program appli-
cations 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.
S. 7507--A 79 A. 9507--A
PART E
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.
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
S. 7507--A 80 A. 9507--A
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.
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:
S. 7507--A 81 A. 9507--A
(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;
(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.
S. 7507--A 82 A. 9507--A
(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
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-
S. 7507--A 83 A. 9507--A
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-
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.
S. 7507--A 84 A. 9507--A
§ 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 F
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.
§ 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-
S. 7507--A 85 A. 9507--A
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.
§ 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
S. 7507--A 86 A. 9507--A
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
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]
2024.
§ 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
S. 7507--A 87 A. 9507--A
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
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.
S. 7507--A 88 A. 9507--A
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
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
S. 7507--A 89 A. 9507--A
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.
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
S. 7507--A 90 A. 9507--A
(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,
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
S. 7507--A 91 A. 9507--A
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
(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,
S. 7507--A 92 A. 9507--A
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.
§ 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] 2021;
§ 17. Paragraph (e) of subdivision seven 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, negotiate directly and enter
into an agreement with a pharmaceutical manufacturer for the provision
of supplemental rebates relating to pharmaceutical utilization by enrol-
lees 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 relating to pharmaceutical utilization by medical assist-
ance recipients not so enrolled. Such rebates shall be limited to, drug
utilization in the following classes: antiretrovirals approved by the
FDA for the treatment of HIV/AIDS and hepatitis C agents for which the
pharmaceutical manufacturer has in effect a rebate agreement 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
S. 7507--A 93 A. 9507--A
criteria. No agreement entered into pursuant to this paragraph shall
have an initial term or be extended beyond the expiration or repeal of
this paragraph.
§ 18. 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;
§ 19. 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
held in connection with appeals under the fully integrated duals advan-
tage demonstration program, as amended by section 6 of chapter 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];
§ 20. Subdivision 2-a of section 22 of the social services law 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.
§ 21. Subdivision 5-d of section 2807-k of the public health law, as
amended by section 2 of part A of chapter 57 of the laws of 2018, 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, 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-
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 through two thousand [twenty] TWENTY-TWO calendar
years shall be in accord with the following:
S. 7507--A 94 A. 9507--A
(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 million nine hundred thousand dollars as
Medicaid DSH payments to eligible general hospitals, other than major
public general hospitals.
(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,
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; AND FOR THE CALENDAR YEAR BEGINNING
ON JANUARY FIRST, TWO THOUSAND TWENTY-ONE, IS GREATER THAN TWENTY-TWO
AND A HALF PERCENT; AND FOR THE CALENDAR YEAR BEGINNING ON JANUARY
FIRST, TWO THOUSAND TWENTY-TWO, IS GREATER THAN TWENTY-FIVE PERCENT.
(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
S. 7507--A 95 A. 9507--A
(iii) the extent to which access to care has been enhanced.
§ 22. 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 G
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 ONE HUNDRED PERCENT AND IF IT IS SUSPECTED THAT ANY PERSON,
PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR
EMPLOYEE THEREOF, SHALL HAVE EMPLOYED, OR EMPLOYS, OR IS ABOUT TO EMPLOY
ANY DEVICE, SCHEME OR ARTIFICE 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 ASSOCI-
ATION, 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 ONE HUNDRED PERCENT OVER THE PRIOR CALEN-
DAR YEAR, AND THE SUPERINTENDENT BELIEVES IT TO BE IN THE PUBLIC INTER-
EST 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 IS TO THE PUBLIC INTEREST TO INVESTIGATE,
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
AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON OF ANY ACTION OR
PROCEEDING BROUGHT BY THE ATTORNEY GENERAL.
(C) NO PERSON SHALL BE EXCUSED FROM ATTENDING SUCH INQUIRY IN
PURSUANCE TO THE MANDATES OF A SUBPOENA, OR FROM PRODUCING A PAPER OR
BOOK, OR FROM BEING EXAMINED OR REQUIRED TO ANSWER A QUESTION ON THE
GROUND OF FAILURE OF TENDER OR PAYMENT OF A WITNESS FEE AND/OR MILEAGE,
UNLESS AT THE TIME OF SUCH APPEARANCE OR PRODUCTION, AS THE CASE MAY BE,
SUCH WITNESS MAKES DEMAND FOR SUCH PAYMENT AS A CONDITION PRECEDENT TO
THE OFFERING OF TESTIMONY OR PRODUCTION REQUIRED BY THE SUBPOENA AND
UNLESS SUCH PAYMENT IS NOT THEREUPON MADE. THE PROVISIONS FOR PAYMENT OF
S. 7507--A 96 A. 9507--A
WITNESS FEE AND/OR MILEAGE SHALL NOT APPLY TO ANY OFFICER, DIRECTOR OR
PERSON IN THE EMPLOY OF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY,
TRUST OR ASSOCIATION WHOSE CONDUCT OR PRACTICES ARE BEING INVESTIGATED.
(D) IF A PERSON SUBPOENAED TO ATTEND SUCH INQUIRY FAILS TO OBEY THE
COMMAND OF A SUBPOENA WITHOUT REASONABLE CAUSE, OR IF A PERSON IN
ATTENDANCE UPON SUCH INQUIRY SHALL WITHOUT REASONABLE CAUSE REFUSE TO BE
SWORN OR TO BE EXAMINED OR TO ANSWER A QUESTION OR TO PRODUCE A BOOK OR
PAPER WHEN ORDERED SO TO DO BY THE OFFICER CONDUCTING SUCH INQUIRY, OR
IF A PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION
FAILS TO PERFORM ANY ACT REQUIRED BY THIS SECTION TO BE PERFORMED, HE OR
SHE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A CIVIL
PENALTY AS SET FORTH IN SUBSECTION (E) OF THIS SECTION.
(E) (1) IF AFTER AN INVESTIGATION AUTHORIZED UNDER THIS SECTION THE
SUPERINTENDENT DETERMINES THAT ANY PERSON, PARTNERSHIP, CORPORATION,
COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF, SHALL
HAVE EMPLOYED ANY DEVICE, SCHEME OR ARTIFICE 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 WITHIN OR
FROM THIS STATE OR SHALL HAVE ENGAGED 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 AS A FRAUD UPON THE PURCHASER, THE SUPERINTENDENT MAY,
AFTER NOTICE AND A HEARING, LEVY A CIVIL PENALTY NOT TO EXCEED THE
GREATER OF: (A) FIVE THOUSAND DOLLARS FOR EACH OFFENSE; (B) A MULTIPLE
OF TWO TIMES THE AGGREGATE DAMAGES ATTRIBUTABLE TO THE OFFENSE; OR (C) A
MULTIPLE OF TWO TIMES THE AGGREGATE ECONOMIC GAIN ATTRIBUTABLE TO THE
OFFENSE.
(2) IF ANY PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCI-
ATION, THAT FAILS TO SUBMIT A WRITTEN STATEMENT REQUIRED BY THE SUPER-
INTENDENT UNDER SUBSECTION (A) OF THIS SECTION OR VIOLATES SUBSECTION
(D) OF THIS SECTION, THE SUPERINTENDENT MAY, AFTER NOTICE AND A HEARING,
LEVY A CIVIL PENALTY NOT TO EXCEED TO ONE THOUSAND DOLLARS PER DAY THAT
THE FAILURE CONTINUES.
(F) IF DURING AN INVESTIGATION AUTHORIZED UNDER THIS SECTION THE
SUPERINTENDENT DETERMINES THAT ANY PERSON, PARTNERSHIP, CORPORATION,
COMPANY, TRUST OR ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF IS PRES-
ENTLY TAKING OR IS ABOUT TO TAKE ANY ACTION IN VIOLATION OF SUBSECTION
(E) OF THIS SECTION THE SUPERINTENDENT MAY IN ADDITION TO ALL OTHER
REMEDIES AS ARE PROVIDED BY LAW MAINTAIN AND PROSECUTE AN ACTION AGAINST
SUCH PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCIATION, OR
ANY AGENT OR EMPLOYEE THEREOF FOR THE PURPOSE OF OBTAINING AN INJUNCTION
RESTRAINING SUCH PERSON, PARTNERSHIP, CORPORATION, COMPANY, TRUST OR
ASSOCIATION, OR ANY AGENT OR EMPLOYEE THEREOF FROM DOING ANY ACTS IN
VIOLATION OF THE PROVISIONS OF THIS SECTION.
§ 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
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;
S. 7507--A 97 A. 9507--A
(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.
(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 MAY 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
S. 7507--A 98 A. 9507--A
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
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 H
Section 1. Subdivisions 1 and 4 of section 6841 of the education law,
as added by chapter 414 of the laws of 2019, are amended to read as
follows:
1. A registered pharmacy technician may, under the direct personal
supervision of a licensed pharmacist, assist such licensed pharmacist,
as directed, in compounding, preparing, labeling, or dispensing of drugs
used to fill valid prescriptions or medication orders [or], AND A REGIS-
TERED PHARMACY TECHNICIAN EMPLOYED BY A FACILITY LICENSED IN ACCORDANCE
WITH ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR A PHARMACY OWNED
AND OPERATED BY SUCH A FACILITY MAY ASSIST A LICENSED PHARMACIST AS
DIRECTED in compounding, preparing, and labeling in anticipation of a
valid prescription or medication order for a patient to be served by the
facility, in accordance with article one hundred thirty-seven of this
title where such tasks require no professional judgment. Such profes-
sional judgment shall only be exercised by a licensed pharmacist. A
registered pharmacy technician may only practice [in a facility licensed
in accordance with article twenty-eight of the public health law, or a
pharmacy owned and operated by such a facility,] IN A REGISTERED PHARMA-
CY under the direct personal supervision of a licensed pharmacist
employed [in] BY such a facility or pharmacy. Such facility OR PHARMACY
shall be responsible for ensuring that the registered pharmacy techni-
cian has received appropriate training to ensure competence before he or
she begins assisting a licensed pharmacist in compounding, preparing,
labeling, or dispensing of drugs, in accordance with this article and
article one hundred thirty-seven of this title. For the purposes of this
article, direct personal supervision means supervision of procedures
based on instructions given directly by a supervising licensed pharma-
S. 7507--A 99 A. 9507--A
cist who remains in the immediate area where the procedures are being
performed, authorizes the procedures and evaluates the procedures
performed by the registered pharmacy technicians and a supervising
licensed pharmacist shall approve all work performed by the registered
pharmacy technician prior to the actual dispensing of any drug.
4. No licensed pharmacist shall obtain the assistance of more than
[two] FOUR registered pharmacy technicians in the performance of
[licensed tasks] COMPOUNDING OR PREPARATION OF STERILE PRODUCTS within
their scope of practice. NO LICENSED PHARMACIST SHALL OBTAIN THE ASSIST-
ANCE OF MORE THAN FOUR REGISTERED PHARMACY TECHNICIANS or [four] SIX
unlicensed persons, in the performance of the activities that do not
require licensure, the total of such persons shall not exceed [four] SIX
individuals at any one time. Pharmacy interns shall be exempt from such
ratios, but shall be supervised in accordance with commissioner's regu-
lations. Individuals who are responsible for the act of placing drugs
which are in unit-dose packaging into medication carts as part of an
approved unit-dose drug distribution system for patients in institu-
tional settings shall be exempt from such ratio, provided that such
individuals are not also engaged in performing the activities set forth
in subdivision one or paragraph b, c, d, e, f, g, h, or i of subdivision
two of this section. The licensed pharmacist shall provide the degree
of supervision of such persons as may be appropriate to ensure compli-
ance with the relevant provisions of regulations of the commissioner.
§ 2. Subdivision 2 of section 6832 of the education law, as added by
chapter 414 of the laws of 2019, is amended to read as follows:
2. [Except for a licensed pharmacist employed by a facility licensed
in accordance with article twenty-eight of the public health law or a
pharmacy owned and operated by such a facility, as defined in article
one hundred thirty-seven-A of this title, no] NO licensed pharmacist
shall obtain the assistance of more than four REGISTERED PHARMACY TECH-
NICIANS OR SIX unlicensed persons, in the performance of the activities
that do not require licensure, the total of such persons shall not
exceed [four] SIX individuals at any one time. Pharmacy interns shall
be exempt from such ratios, but shall be supervised in accordance with
the commissioner's regulations. Individuals who are responsible for the
act of placing drugs which are in unit-dose packaging into medication
carts as part of an approved unit-dose drug distribution system for
patients in institutional settings shall be exempt from such ratio,
provided that such individuals are not also engaged in performing the
activities set forth in paragraph (b), (c), (d), (e), (f), (g), (h) or
(i) of subdivision one of this section. The licensed pharmacist shall
provide the degree of supervision of such persons as may be appropriate
to ensure compliance with the relevant provisions of regulations of the
commissioner.
§ 3. This act shall take effect on the same date and in the same
manner as chapter 414 of the laws of 2019 takes effect.
PART I
Section 1. Subdivision 7 of section 6527 of the education law, as
amended by chapter 46 of the laws of 2015, is amended to read as
follows:
7. A licensed physician may prescribe and order a patient specific
order or non-patient specific regimen to a licensed pharmacist, pursuant
to regulations promulgated by the commissioner, and consistent with the
public health law, for administering immunizations to prevent influenza,
S. 7507--A 100 A. 9507--A
pneumococcal, acute herpes zoster, meningococcal, tetanus, diphtheria or
pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE AND OLDER, ANY
OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
TIONS PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, and
medications required for emergency treatment of anaphylaxis. Nothing in
this subdivision shall authorize unlicensed persons to administer immun-
izations, vaccines or other drugs.
§ 2. Subdivision 7 of section 6909 of the education law, as amended by
chapter 46 of the laws of 2015, is amended to read as follows:
7. A certified nurse practitioner may prescribe and order a patient
specific order or non-patient specific regimen to a licensed pharmacist,
pursuant to regulations promulgated by the commissioner, and consistent
with the public health law, for administering immunizations to prevent
influenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,
diphtheria or pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE
AND OLDER, ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE
ON IMMUNIZATION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND
PREVENTION, and medications required for emergency treatment of anaphy-
laxis. Nothing in this subdivision shall authorize unlicensed persons to
administer immunizations, vaccines or other drugs.
§ 3. Paragraph (a) of subdivision 22 of section 6802 of the education
law, as amended by chapter 57 of the laws of 2018, is amended to read as
follows:
a. the direct application of an immunizing agent to adults, whether by
injection, ingestion, inhalation or any other means, pursuant to a
patient specific order or non-patient specific regimen prescribed or
ordered by a physician or certified nurse practitioner, who has a prac-
tice site in the county or adjoining county in which the immunization is
administered, for immunizations to prevent influenza, pneumococcal,
acute herpes zoster, meningococcal, tetanus, diphtheria or pertussis
disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE AND OLDER, ANY OTHER
IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZATIONS
PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, and medica-
tions required for emergency treatment of anaphylaxis. If the commis-
sioner of health determines that there is an outbreak of disease, or
that there is the imminent threat of an outbreak of disease, then the
commissioner of health may issue a non-patient specific regimen applica-
ble statewide.
§ 4. Section 6801-a of the education law, as amended by chapter 238
of the laws of 2015, is amended to read as follows:
§ 6801-a. Collaborative drug therapy management [demonstration
program]. 1. As used in this section, the following terms shall have
the following meanings:
a. "Board" shall mean the state board of pharmacy as established by
section sixty-eight hundred four of this article.
b. "Clinical services" shall mean the collection and interpretation of
patient data for the purpose of [initiating, modifying and] monitoring
drug therapy AND PRESCRIBING IN ORDER TO ADJUST OR MANAGE DRUG THERAPY
with associated accountability and responsibility for outcomes in a
direct patient care setting.
c. "Collaborative drug therapy management" shall mean the performance
of clinical services by a pharmacist relating to the review, evaluation
and management of drug therapy to a patient, who is being treated by a
physician OR NURSE PRACTITIONER for a specific disease or associated
disease states, in accordance with a written agreement or protocol with
a voluntarily participating physician OR NURSE PRACTITIONER [and in
S. 7507--A 101 A. 9507--A
accordance with the policies, procedures, and protocols of the facili-
ty]. Such agreement or protocol as entered into by the physician OR
NURSE PRACTITIONER, and a pharmacist, may include[, and shall be limited
to]:
(i) [adjusting or managing] PRESCRIBING IN ORDER TO ADJUST OR MANAGE a
drug regimen of a patient, pursuant to a patient specific order or NON-
PATIENT SPECIFIC protocol made by the patient's physician, OR NURSE
PRACTITIONER, which may include adjusting drug strength, frequency of
administration or route of administration[. Adjusting the drug regimen
shall not include substituting] or selecting a [different] drug which
differs from that initially prescribed by the patient's physician
[unless such substitution is expressly] OR NURSE PRACTITIONER AS author-
ized in the written AGREEMENT [order] or protocol, PROVIDED, HOWEVER,
THAT THE PHARMACIST SHALL APPROPRIATELY CONSIDER CLINICAL BENEFIT AND
COST TO THE PATIENT AND/OR PAYER IN DISCHARGING THESE RESPONSIBILITIES.
The pharmacist shall be required to immediately document in the patient
record changes made to the patient's drug therapy and shall use any
reasonable means or method established by the facility OR PRACTICE to
notify the patient's other treating physicians, PHYSICIAN ASSISTANTS,
NURSE PRACTITIONERS AND OTHER PROFESSIONALS AS REQUIRED BY THE FACILITY
OR THE COLLABORATIVE PRACTICE AGREEMENT [with whom he or she does not
have a written agreement or protocol regarding such changes. The
patient's physician may prohibit, by written instruction, any adjustment
or change in the patient's drug regimen by the pharmacist];
(ii) evaluating and[, only if specifically] AS authorized by the WRIT-
TEN AGREEMENT OR protocol and only to the extent necessary to discharge
the responsibilities set forth in this section, ordering disease state
laboratory tests related to the drug therapy management for the specific
disease or disease [state] STATES specified within the written agreement
or protocol; and
(iii) [only if specifically] AS authorized by the written agreement or
protocol and only to the extent necessary to discharge the responsibil-
ities set forth in this section, ordering or performing routine patient
monitoring functions as may be necessary in the drug therapy manage-
ment[, including the collecting and reviewing of patient histories, and
ordering or checking patient vital signs, including pulse, temperature,
blood pressure and respiration].
d. "Facility" shall mean[: (i)] a [teaching hospital or] general
hospital, [including any] diagnostic center, treatment center, or hospi-
tal-based outpatient department as defined in section twenty-eight
hundred one of the public health law[; or (ii)], A RESIDENTIAL HEALTH
CARE FACILITY OR nursing home with an on-site pharmacy staffed by a
licensed pharmacist OR ANY FACILITY AS DEFINED IN SECTION TWENTY-EIGHT
HUNDRED ONE OF THE PUBLIC HEALTH LAW OR OTHER ENTITY THAT PROVIDES
DIRECT PATIENT CARE UNDER THE AUSPICES OF A MEDICAL DIRECTOR; provided,
however, for the purposes of this section the term "facility" shall not
include dental clinics, dental dispensaries, [residential health care
facilities] and rehabilitation centers.
For the purposes of this section, [a "teaching hospital" shall mean a
hospital licensed pursuant to article twenty-eight of the public health
law that is eligible to receive direct or indirect graduate medical
education payments pursuant to article twenty-eight of the public health
law.] A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH PHYSICIANS,
AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE DIAG-
NOSTIC AND TREATMENT CARE FOR PATIENTS.
S. 7507--A 102 A. 9507--A
e. "Physician OR NURSE PRACTITIONER" shall mean the physician OR NURSE
PRACTITIONER selected by or assigned to a patient, who has primary
responsibility for the treatment and care of the patient for the disease
and associated disease states that are the subject of the collaborative
drug therapy management.
f. "Written agreement or protocol" shall mean a written document,
pursuant to and consistent with any applicable state or federal require-
ments, that addresses a specific disease or associated disease states
and that describes the nature and scope of collaborative drug therapy
management to be undertaken by the pharmacists, in collaboration with
the participating physician, NURSE PRACTITIONER OR FACILITY in accord-
ance with the provisions of this section.
2. a. A pharmacist who meets the experience requirements of paragraph
b of this subdivision and who is [employed by or otherwise affiliated
with a facility] CERTIFIED BY THE DEPARTMENT TO ENGAGE IN COLLABORATIVE
DRUG THERAPY MANAGEMENT AND WHO IS EITHER EMPLOYED BY OR OTHERWISE
AFFILIATED WITH A FACILITY OR IS PARTICIPATING WITH A PRACTICING PHYSI-
CIAN OR NURSE PRACTITIONER shall be permitted to enter into a written
agreement or protocol with a physician, NURSE PRACTITIONER OR FACILITY
authorizing collaborative drug therapy management, subject to the limi-
tations set forth in this section, within the scope of such employment
[or], affiliation OR PARTICIPATION. ONLY PHARMACISTS SO CERTIFIED MAY
ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT AS DEFINED IN THIS
SECTION.
b. A participating pharmacist must[:
(i)(A) have been awarded either a master of science in clinical phar-
macy or a doctor of pharmacy degree;
(B)] maintain a current unrestricted license[;], and
[(C) have a minimum of two years experience, of which at least one
year of such experience shall include clinical experience in a health
facility, which involves consultation with physicians with respect to
drug therapy and may include a residency at a facility involving such
consultation; or
(ii)(A) have been awarded a bachelor of science in pharmacy;
(B) maintain a current unrestricted license; and
(C) within the last seven years, have a minimum of three years experi-
ence, of which at least one year of such experience shall include clin-
ical experience in a health facility, which involves consultation with
physicians with respect to drug therapy and may include a residency at a
facility involving such consultation; and
(iii) meet any additional education, experience, or other requirements
set forth by the department in consultation with the board.] SHALL
SATISFY ANY TWO OF THE FOLLOWING CRITERIA:
(I) CERTIFICATION IN A RELEVANT AREA OF PRACTICE INCLUDING BUT NOT
LIMITED TO AMBULATORY CARE, CRITICAL CARE, GERIATRIC PHARMACY, NUCLEAR
PHARMACY, NUTRITION SUPPORT PHARMACY, ONCOLOGY PHARMACY, PEDIATRIC PHAR-
MACY, PHARMACOTHERAPY, OR PSYCHIATRIC PHARMACY, FROM A NATIONAL ACCRED-
ITING BODY AS APPROVED BY THE DEPARTMENT;
(II) POSTGRADUATE RESIDENCY THROUGH AN ACCREDITED POSTGRADUATE PROGRAM
REQUIRING AT LEAST FIFTY PERCENT OF THE EXPERIENCE BE IN DIRECT PATIENT
CARE SERVICES WITH INTERDISCIPLINARY TERMS; OR
(III) HAVE PROVIDED CLINICAL SERVICES TO PATIENTS FOR AT LEAST ONE
YEAR EITHER:
(A) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
CIAN, NURSE PRACTITIONER OR
S. 7507--A 103 A. 9507--A
(B) HAS DOCUMENTED EXPERIENCE IN PROVISION OF CLINICAL SERVICES TO
PATIENTS FOR AT LEAST ONE YEAR OR ONE THOUSAND HOURS, AND DEEMED ACCEPT-
ABLE TO THE DEPARTMENT UPON RECOMMENDATION OF THE BOARD OF PHARMACY.
c. Notwithstanding any provision of law, nothing in this section shall
prohibit a licensed pharmacist from engaging in clinical services asso-
ciated with collaborative drug therapy management, in order to gain
experience necessary to qualify under [clause (C) of subparagraph (i) or
(ii) of paragraph b] CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH B of
this subdivision, provided that such practice is under the supervision
of a pharmacist that currently meets the referenced requirement, and
that such practice is authorized under the written agreement or protocol
with the physician OR NURSE PRACTITIONER OR FACILITY.
d. Notwithstanding any provision of this section, nothing herein shall
authorize the pharmacist to diagnose disease. In the event that a treat-
ing physician OR NURSE PRACTITIONER may disagree with the exercise of
professional judgment by a pharmacist, the judgment of the treating
physician OR NURSE PRACTITIONER shall prevail.
3. [The physician who is a party to a written agreement or protocol
authorizing collaborative drug therapy management shall be employed by
or otherwise affiliated with the same facility with which the pharmacist
is also employed or affiliated.
4. The existence of a written agreement or protocol on collaborative
drug therapy management and the patient's right to choose to not partic-
ipate in collaborative drug therapy management shall be disclosed to any
patient who is eligible to receive collaborative drug therapy manage-
ment. Collaborative drug therapy management shall not be utilized unless
the patient or the patient's authorized representative consents, in
writing, to such management. If the patient or the patient's authorized
representative consents, it shall be noted on the patient's medical
record. If the patient or the patient's authorized representative who
consented to collaborative drug therapy management chooses to no longer
participate in such management, at any time, it shall be noted on the
patient's medical record. In addition, the existence of the written
agreement or protocol and the patient's consent to such management shall
be disclosed to the patient's primary physician and any other treating
physician or healthcare provider.
5.] A PHARMACIST WHO IS CERTIFIED BY THE DEPARTMENT TO ENGAGE IN
COLLABORATIVE DRUG THERAPY MANAGEMENT MAY ENTER INTO A WRITTEN COLLABO-
RATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSICIAN, NURSE PRACTI-
TIONER OR PRACTICE AS AN INDEPENDENT HEALTH CARE PROVIDER OR AS AN
EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER. IN A FACILITY,
THE PHYSICIAN OR NURSE PRACTITIONER AND THE PHARMACIST WHO ARE PARTIES
TO A WRITTEN AGREEMENT OR PROTOCOL AUTHORIZING COLLABORATIVE DRUG THERA-
PY MANAGEMENT SHALL BE EMPLOYED BY OR BE OTHERWISE AFFILIATED WITH THE
FACILITY.
4. Participation in a written agreement or protocol authorizing colla-
borative drug therapy management shall be voluntary, and no patient,
physician, NURSE PRACTITIONER, pharmacist, or facility shall be required
to participate.
[6. Nothing in this section shall be deemed to limit the scope of
practice of pharmacy nor be deemed to limit the authority of pharmacists
and physicians to engage in medication management prior to the effective
date of this section and to the extent authorized by law.]
§ 5. Section 8 of chapter 563 of the laws of 2008, amending the educa-
tion law and the public health law relating to immunizing agents to be
S. 7507--A 104 A. 9507--A
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].
§ 6. Section 5 of chapter 116 of the laws of 2012, amending the educa-
tion law relating to authorizing a licensed pharmacist and certified
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 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;
(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].
§ 7. Section 4 of chapter 274 of the laws of 2013, amending the educa-
tion law relating to authorizing a licensed pharmacist and certified
nurse practitioner to administer meningococcal disease immunizing
agents, is amended to read as follows:
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law[; 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 expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to expire therewith; and
(b) the amendments to subdivision 7 of section 6909 of the education
law, made by section two of this act shall not affect the expiration and
reversion of such subdivision, as provided in section 6 of chapter 116
of the laws of 2012, and shall be deemed to be expire therewith; and
(c) the amendments to subdivision 22 of section 6802 of the education
law made by section three of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith].
§ 8. 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; provided, however, that the amendments to subdi-
vision 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 subdi-
vision 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
S. 7507--A 105 A. 9507--A
effect; provided, further, that effective]. EFFECTIVE immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
§ 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 four of this act shall take effect on the one
hundred eightieth day after it shall have become a law.
PART J
§ 1. Paragraphs 1 and 2 of subsection (a) of section 605 of the finan-
cial 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 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. Subsection (d) of section 605 of the financial services law is
REPEALED and subsection (e) is relettered subsection (d).
§ 4. 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:
§ 606. Hold harmless and assignment of benefits [for surprise bills]
for insureds. (A) When an insured assigns benefits for a surprise bill
S. 7507--A 106 A. 9507--A
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.
§ 5. 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.
§ 6. This act shall take effect immediately.
PART K
Section 1. Paragraphs (n), (p) and (q) of subdivision 1 of section
2995-a of the public health law, as added by chapter 542 of the laws of
2000, are amended and three new paragraphs (r), (s) and (t) are added to
read as follows:
(n) (i) the location of the licensee's primary practice setting iden-
tified as such; [and]
(ii) [the names of any licensed physicians with whom the licensee
shares a group practice, as defined in subdivision five of section two
hundred thirty-eight of this chapter] HOURS OF OPERATION OF THE
LICENSEE'S PRIMARY PRACTICE SETTING;
(III) AVAILABILITY OF ASSISTIVE TECHNOLOGY AT THE LICENSEE'S PRIMARY
PRACTICE SETTING; AND
(IV) WHETHER THE LICENSEE IS ACCEPTING NEW PATIENTS;
(p) whether the licensee participates in the medicaid or medicare
program or any other state or federally financed health insurance
program; [and]
(q) health care plans with which the licensee has contracts, employ-
ment, or other affiliation[.] PROVIDED THAT THE REPORTING AND ACCURACY
OF SUCH INFORMATION SHALL NOT BE THE RESPONSIBILITY OF THE PHYSICIAN,
BUT SHALL BE INCLUDED AND UPDATED BY THE DEPARTMENT UTILIZING PROVIDER
NETWORK PARTICIPATION INFORMATION, OR OTHER RELIABLE SOURCES OF INFORMA-
TION SUBMITTED BY THE HEALTH CARE PLANS;
(R) THE PHYSICIAN'S WEBSITE AND SOCIAL MEDIA ACCOUNTS;
(S) THE NAMES OF ANY LICENSED PHYSICIANS WITH WHOM THE LICENSEE SHARES
A GROUP PRACTICE, AS DEFINED IN SUBDIVISION FIVE OF SECTION TWO HUNDRED
THIRTY-EIGHT OF THIS CHAPTER; AND
(T) WORKFORCE RESEARCH AND PLANNING INFORMATION AS DETERMINED BY THE
COMMISSIONER.
§ 2. Section 2995-a of the public health law is amended by adding a
new subdivision 1-b to read as follows:
1-B. (A) FOR THE PURPOSES OF THIS SECTION, A PHYSICIAN LICENSED AND
REGISTERED TO PRACTICE IN THIS STATE MAY AUTHORIZE A DESIGNEE TO REGIS-
S. 7507--A 107 A. 9507--A
TER, TRANSMIT, ENTER OR UPDATE INFORMATION ON HIS OR HER BEHALF,
PROVIDED THAT:
(I) THE DESIGNEE SO AUTHORIZED IS EMPLOYED BY THE PHYSICIAN OR THE
SAME PROFESSIONAL PRACTICE OR IS UNDER CONTRACT WITH SUCH PRACTICE;
(II) THE PHYSICIAN TAKES REASONABLE STEPS TO ENSURE THAT SUCH DESIGNEE
IS SUFFICIENTLY COMPETENT IN THE PROFILE REQUIREMENTS;
(III) THE PHYSICIAN REMAINS RESPONSIBLE FOR ENSURING THE ACCURACY OF
THE INFORMATION PROVIDED AND FOR ANY FAILURE TO PROVIDE ACCURATE INFOR-
MATION; AND
(IV) THE PHYSICIAN SHALL NOTIFY THE DEPARTMENT UPON TERMINATING THE
AUTHORIZATION OF ANY DESIGNEE, IN A MANNER DETERMINED BY THE DEPARTMENT.
(B) THE COMMISSIONER SHALL GRANT ACCESS TO THE PROFILE IN A REASONABLY
PROMPT MANNER TO DESIGNEES AUTHORIZED BY PHYSICIANS AND ESTABLISH A
MECHANISM TO PREVENT DESIGNEES TERMINATED PURSUANT TO SUBPARAGRAPH (IV)
OF PARAGRAPH (A) OF THIS SUBDIVISION FROM ACCESSING THE PROFILE IN A
REASONABLY PROMPT MANNER FOLLOWING NOTIFICATION OF TERMINATION.
§ 3. Subdivision 4 of section 2995-a of the public health law, as
amended by section 3 of part A of chapter 57 of the laws of 2015, is
amended to read as follows:
4. Each physician shall periodically report to the department on forms
and in the time and manner required by the commissioner any other infor-
mation as is required by the department for the development of profiles
under this section which is not otherwise reasonably obtainable. In
addition to such periodic reports and providing the same information,
each physician shall update his or her profile information within the
six months prior to [the expiration date of such physician's registra-
tion period] SUBMISSION OF THE RE-REGISTRATION APPLICATION, as a condi-
tion of registration renewal [under article one hundred thirty-one]
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR of the education law.
Except for optional information provided AND INFORMATION REQUIRED UNDER
SUBPARAGRAPH (IV) OF PARAGRAPH (N) AND PARAGRAPHS (Q) AND (T) OF SUBDI-
VISION ONE OF THIS SECTION, physicians shall notify the department of
any change in the profile information within thirty days of such change.
§ 4. Subdivision 6 of section 2995-a of the public health law, as
added by chapter 542 of the laws of 2000, is amended to read as follows:
6. A physician may elect to have his or her profile omit certain
information provided pursuant to paragraphs (K), (l), (m), [(n) and (q)]
(R) AND (S) of subdivision one of this section. INFORMATION PROVIDED
PURSUANT TO PARAGRAPH (T) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
OMITTED FROM A PHYSICIAN'S PROFILE AND SHALL BE EXEMPT FROM DISCLOSURE
UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW. In collecting information
for such profiles and disseminating the same, the department shall
inform physicians that they may choose not to provide such information
required pursuant to paragraphs (K), (l), (m), [(n) and (q)] (R) AND (S)
of subdivision one of this section.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART L
Section 1. Subdivision 1 of section 6502 of the education law, as
amended by chapter 599 of the laws of 1996, is amended and two new
subdivisions 1-a and 1-b are added to read as follows:
1. [A] EXCEPT PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION, A license
shall be valid during the life of the holder unless revoked, annulled or
suspended by the board of regents [or in the case of physicians, physi-
S. 7507--A 108 A. 9507--A
cians practicing under a limited permit, physician's assistants,
specialist's assistants and medical residents, the licensee is stricken
from the roster of such licensees by the board of regents on the order
of the state board for professional medical conduct in the department of
health. A licensee must register with the department and meet the
requirements prescribed in section 3-503 of the general obligations law
to practice in this state].
1-A. IN THE CASE OF PHYSICIANS, PHYSICIANS PRACTICING UNDER A LIMITED
PERMIT, PHYSICIAN ASSISTANTS, SPECIALIST ASSISTANTS AND MEDICAL RESI-
DENTS, A LICENSE SHALL BE VALID DURING THE LIFE OF THE HOLDER UNLESS:
(I) THE LICENSEE IS STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY THE
BOARD OF REGENTS ON THE ORDER OF THE STATE BOARD FOR PROFESSIONAL
MEDICAL CONDUCT IN THE DEPARTMENT OF HEALTH; OR
(II) THE LICENSEE HAS FAILED TO REGISTER WITH THE DEPARTMENT FOR TWO
CONSECUTIVE REGISTRATION PERIODS, IN WHICH CASE THE LICENSEE SHALL BE
IMMEDIATELY STRICKEN FROM THE ROSTER OF SUCH LICENSEES BY THE BOARD OF
REGENTS.
1-B. A LICENSEE MUST REGISTER WITH THE DEPARTMENT AND MEET THE
REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW
TO PRACTICE IN THIS STATE.
§ 2. Section 6524 of the education law is amended by adding a new
subdivision 6-a to read as follows:
(6-A) FINGERPRINTS AND CRIMINAL HISTORY RECORD CHECK: CONSENT TO
SUBMISSION OF FINGERPRINTS FOR PURPOSES OF CONDUCTING A CRIMINAL HISTORY
RECORD CHECK. THE COMMISSIONER SHALL SUBMIT TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES TWO SETS OF FINGERPRINTS OF APPLICANTS FOR LICENSURE
PURSUANT TO THIS ARTICLE, AND THE DIVISION OF CRIMINAL JUSTICE SERVICES
PROCESSING FEE IMPOSED PURSUANT TO SUBDIVISION EIGHT-A OF SECTION EIGHT
HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW AND ANY FEE IMPOSED BY THE
FEDERAL BUREAU OF INVESTIGATION. THE DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE FEDERAL BUREAU OF INVESTIGATION SHALL FORWARD SUCH
CRIMINAL HISTORY RECORD TO THE COMMISSIONER IN A TIMELY MANNER. FOR THE
PURPOSES OF THIS SECTION, THE TERM "CRIMINAL HISTORY RECORD" SHALL MEAN
A RECORD OF ALL CONVICTIONS OF CRIMES AND ANY PENDING CRIMINAL CHARGES
MAINTAINED ON AN INDIVIDUAL BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE FEDERAL BUREAU OF INVESTIGATION. ALL SUCH CRIMINAL HISTORY
RECORDS SENT TO THE COMMISSIONER PURSUANT TO THIS SUBDIVISION SHALL BE
CONFIDENTIAL PURSUANT TO THE APPLICABLE FEDERAL AND STATE LAWS, RULES
AND REGULATIONS, AND SHALL NOT BE PUBLISHED OR IN ANY WAY DISCLOSED TO
PERSONS OTHER THAN THE COMMISSIONER, UNLESS OTHERWISE AUTHORIZED BY LAW;
§ 3. Paragraph (c) of subdivision 9 and subdivisions 20, 28, and 31 of
section 6530 of the education law, as added by chapter 606 of the laws
of 1991, are amended and a new subdivision 51 is added to read as
follows:
(c) Having been found guilty in an adjudicatory proceeding of violat-
ing a state or federal statute or regulation, pursuant to a final deci-
sion or determination, and when no appeal is pending, or after resol-
ution of the proceeding OR A COMPLAINT ALLEGING A VIOLATION OF A STATE
OR FEDERAL STATUTE OR REGULATION by stipulation or agreement, and when
the violation would constitute professional misconduct pursuant to this
section;
20. Conduct [in the practice of medicine] which evidences moral unfit-
ness to practice medicine;
28. Failing to respond within [thirty] TEN days to written communi-
cations from the department of health and to make available any relevant
records with respect to an inquiry or complaint about the licensee's
S. 7507--A 109 A. 9507--A
professional misconduct. The period of [thirty] TEN days shall commence
on the date when such communication was delivered personally to the
licensee. If the communication is sent from the department of health by
registered or certified mail, with return receipt requested, to the
address appearing in the last registration, the period of [thirty] TEN
days shall commence on the date of delivery to the licensee, as indi-
cated by the return receipt;
31. Willfully harassing, abusing, or intimidating a patient [either]
OR A PATIENT'S CAREGIVER OR SURROGATE physically or verbally;
51. EXCEPT FOR GOOD CAUSE SHOWN, FAILING TO NOTIFY THE DEPARTMENT OF
HEALTH WITHIN TWENTY-FOUR HOURS OF HAVING BEEN CHARGED WITH A CRIME IN
ANY JURISDICTION OR OF ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL
MISCONDUCT SET FORTH IN SUBDIVISION NINE OF THIS SECTION.
§ 4. Section 6532 of the education law, as added by chapter 606 of the
laws of 1991, is amended to read as follows:
§ 6532. Enforcement, administration and interpretation of this arti-
cle. The board [of] FOR professional medical conduct and the department
of health shall enforce, administer and interpret this article. Before
issuing a declaratory ruling pursuant to section two hundred four of the
state administrative procedure act with respect to this article, the
department of health shall fully consult with the department of educa-
tion. [Neither the commissioner of education, the board of regents nor
the] THE commissioner of health may promulgate any rules or regulations
concerning this article.
§ 5. Subdivision 4 of section 206 of the public health law, as amended
by chapter 602 of the laws of 2007, is amended to read as follows:
4. The commissioner may:
(a) issue subpoenas, compel the attendance of witnesses and compel
them to testify in any matter or proceeding before him, and may also
require a witness to attend and give testimony in a county where he
resides or has a place of business without the payment of any fees;
(b) REQUIRE, IN WRITING, THE PRODUCTION OF ANY AND ALL RELEVANT DOCU-
MENTS IN THE POSSESSION OR CONTROL OF AN INDIVIDUAL OR ENTITY SUBJECT TO
AN INVESTIGATION OR INQUIRY UNDER THIS CHAPTER. UNLESS A SHORTER PERIOD
IS SPECIFIED IN SUCH WRITING, AS DETERMINED FOR GOOD CAUSE BY THE
COMMISSIONER, THE REQUIRED DOCUMENTS SHALL BE PRODUCED NO LATER THAN TEN
DAYS AFTER THE DELIVERY OF THE WRITING. FAILURE BY THE SUBJECT INDIVID-
UAL OR ENTITY TO PRODUCE TO THE DEPARTMENT THE REQUIRED DOCUMENTS WITHIN
THE TEN DAY OR OTHERWISE SPECIFIED PERIOD SHALL BE A VIOLATION OR FAIL-
URE WITHIN THE MEANING OF PARAGRAPH (D) OF THIS SUBDIVISION. EACH ADDI-
TIONAL DAY OF NON-PRODUCTION SHALL BE A SEPARATE VIOLATION OR FAILURE;
(C) annul or modify an order, regulation, by-law or ordinance of a
local board of health concerning a matter which in his judgment affects
the public health beyond the territory over which such local board of
health has jurisdiction;
[(c)] (D) assess any penalty prescribed for a violation of or a fail-
ure to comply with any term or provision of this chapter or of any
lawful notice, order or regulation pursuant thereto, not exceeding two
thousand dollars for every such violation or failure, which penalty may
be assessed after a hearing or an opportunity to be heard;
[(d)] (E) assess civil penalties against a public water system which
provides water to the public for human consumption through pipes or
other constructed conveyances, as further defined in the state sanitary
code or, in the case of mass gatherings, the person who holds or
promotes the mass gathering as defined in subdivision five of section
two hundred twenty-five of this article not to exceed twenty-five thou-
S. 7507--A 110 A. 9507--A
sand dollars per day, for each violation of or failure to comply with
any term or provision of the state sanitary code as it relates to public
water systems that serve a population of five thousand or more persons
or any mass gatherings, which penalty may be assessed after a hearing or
an opportunity to be heard; AND
(F) SEEK TO OBTAIN A WARRANT BASED ON PROBABLE CAUSE THAT A LICENSEE
HAS COMMITTED PROFESSIONAL MISCONDUCT OR A CRIME FROM A JUDICIAL OFFICER
AUTHORIZED TO ISSUE A WARRANT. SUCH WARRANT SHALL AUTHORIZE THE COMMIS-
SIONER AND ANY PERSON AUTHORIZED BY HIM TO HAVE THE AUTHORITY TO INSPECT
ALL GROUNDS, ERECTIONS, VEHICLES, STRUCTURES, APARTMENTS, BUILDINGS,
PLACES AND THE CONTENTS THEREIN AND TO REMOVE ANY BOOKS, RECORDS,
PAPERS, DOCUMENTS, COMPUTERS, ELECTRONIC DEVICES AND OTHER PHYSICAL
OBJECTS.
§ 6. Subdivision 1 of section 230 of the public health law, as amended
by chapter 537 of the laws of 1998, is amended to read as follows:
1. A state board for professional medical conduct is hereby created in
the department in matters of professional misconduct as defined in
sections sixty-five hundred thirty and sixty-five hundred thirty-one of
the education law. Its physician members shall be appointed by the
commissioner at least eighty-five percent of whom shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide specialty societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Its lay members shall be appointed by the
commissioner with the approval of the governor. The board of regents
shall also appoint twenty percent of the members of the board. Not less
than sixty-seven percent of the members appointed by the board of
regents shall be physicians. Not less than eighty-five percent of the
physician members appointed by the board of regents shall be from among
nominations submitted by the medical society of the state of New York,
the New York state osteopathic society, the New York academy of medi-
cine, county medical societies, statewide medical societies recognized
by the council of medical specialty societies, and the hospital associ-
ation of New York state. Any failure to meet the percentage thresholds
stated in this subdivision shall not be grounds for invalidating any
action by or on authority of the board for professional medical conduct
or a committee or a member thereof. The board for professional medical
conduct shall consist of not fewer than eighteen physicians licensed in
the state for at least five years, two of whom shall be doctors of
osteopathy, not fewer than two of whom shall be physicians who dedicate
a significant portion of their practice to the use of non-conventional
medical treatments who may be nominated by New York state medical asso-
ciations dedicated to the advancement of such treatments, at least one
of whom shall have expertise in palliative care, and not fewer than
seven lay members. An executive secretary shall be appointed by the
chairperson and shall be a licensed physician. Such executive secretary
shall not be a member of the board, shall hold office at the pleasure
of, and shall have the powers and duties assigned and the annual salary
fixed by[, the chairperson. The chairperson shall also assign such
secretaries or other persons to the board as are necessary] THE COMMIS-
SIONER.
§ 7. Clause (C) of subparagraph (iii) of paragraph (a) of subdivision
10 of section 230 of the public health law, as amended by chapter 477 of
the laws of 2008, is amended to read as follows:
S. 7507--A 111 A. 9507--A
(C) If the director determines that the matter shall be submitted to
an investigation committee, an investigation committee shall be convened
[within ninety days of any interview of the licensee]. The director
shall present the investigation committee with relevant documentation
including, but not limited to: (1) a copy of the original complaint; (2)
the report of the interviewer and the stenographic record if one was
taken; (3) the report of any medical or scientific expert; (4) copies of
reports of any patient record reviews; and (5) the licensee's
submissions.
§ 8. Subparagraph (v) of paragraph (a) of subdivision 10 of section
230 of the public health law, as amended by chapter 477 of the laws of
2008, is amended to read as follows:
(v) The files of the office of professional medical conduct relating
to the investigation of possible instances of professional misconduct
shall be confidential and not subject to disclosure at the request of
any person, except as provided by law in a pending disciplinary action
or proceeding. The provisions of this paragraph shall not prevent the
office from sharing information concerning investigations within the
department and, pursuant to subpoena, with other duly authorized public
agencies responsible for professional regulation or criminal prose-
cution. Nothing in this subparagraph shall affect the duties of notifi-
cation set forth in subdivision nine-a of this section or prevent the
publication of charges or of the findings, conclusions, determinations,
or order of a hearing committee pursuant to paragraphs (d) or (g) of
this subdivision. In addition, the commissioner may, IN HIS OR HER SOLE
DISCRETION, disclose [the] ANY information [when, in his or her profes-
sional judgment, disclosure of such information would avert or minimize
a public health threat] RELATING TO THE INVESTIGATION OF POSSIBLE
INSTANCES OF PROFESSIONAL MISCONDUCT. Any such disclosure shall not
affect the confidentiality of other information in the files of the
office of professional medical conduct related to the investigation.
§ 9. Subparagraphs (i) and (ii) of paragraph (d) of subdivision 10 of
section 230 of the public health law, as amended by chapter 477 of the
laws of 2008, are amended to read as follows:
(i) A copy of the charges and the notice of the hearing shall be
served on the licensee EITHER: (A) personally [by the board] at least
thirty days before the hearing[.]; (B) [If personal service cannot be
made after due diligence and such fact is certified under oath, a copy
of the charges and the notice of hearing shall be served] by registered
or certified mail to the licensee's [last known] CURRENT RESIDENTIAL OR
PRACTICE address [by the board] MAILED at least fifteen days before the
hearing; (C) BY REGISTERED OR CERTIFIED MAIL TO THE LICENSEE'S MOST
RECENT MAILING ADDRESS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWO OF THE
EDUCATION LAW OR THE LICENSEE'S MOST RECENT MAILING ADDRESS ON FILE WITH
THE DEPARTMENT OF EDUCATION PURSUANT TO THE NOTIFICATION REQUIREMENT SET
FORTH IN SUBDIVISION FIVE OF SUCH SECTION, MAILED AT LEAST FORTY-FIVE
DAYS BEFORE THE HEARING; OR (D) BY FIRST CLASS MAIL TO AN ATTORNEY,
LICENSED TO PRACTICE IN THE STATE, WHO HAS APPEARED ON BEHALF OF THE
LICENSEE AND WHO HAS BEEN PROVIDED WITH WRITTEN AUTHORIZATION OF THE
LICENSEE TO ACCEPT SERVICE, MAILED AT LEAST THIRTY DAYS BEFORE THE HEAR-
ING.
(ii) The charges shall be made public, consistent with subparagraph
(iv) of paragraph (a) of this subdivision, [no earlier than five busi-
ness days] IMMEDIATELY after they are served, and the charges shall be
accompanied by a statement advising the licensee that such publication
will occur; [provided, however, that] charges may be made public imme-
S. 7507--A 112 A. 9507--A
diately upon issuance of the commissioner's order in the case of summary
action taken pursuant to subdivision twelve of this section and no prior
notification of such publication need be made to the licensee.
§ 10. Subparagraph (ii) of paragraph (m) of subdivision 10 of section
230 of the public health law, as amended by chapter 606 of the laws of
1991, is amended to read as follows:
(ii) Administrative warning and consultation. If the director of the
office of professional medical conduct, after obtaining the concurrence
of a majority of a committee on professional conduct, and after consul-
tation with the executive secretary, determines that there is substan-
tial evidence of professional misconduct of a minor or technical nature
or of substandard medical practice which does not constitute profes-
sional misconduct, the director may issue an administrative warning
and/or provide for consultation with a panel of one or more experts,
chosen by the director. Panels of one or more experts may include, but
shall not be limited to, a peer review committee of a county medical
society or a specialty board. Administrative warnings and consultations
shall be [confidential and] MADE PUBLIC, BUT shall not constitute an
adjudication of guilt or be used as evidence that the licensee is guilty
of the alleged misconduct. However, in the event of a further allegation
of similar misconduct by the same licensee, the matter may be reopened
and further proceedings instituted as provided in this section.
§ 11. Paragraph (p) of subdivision 10 of section 230 of the public
health law, as amended by chapter 599 of the laws of 1996, is amended to
read as follows:
(p) Convictions of crimes or administrative violations. EXCEPT FOR
GOOD CAUSE SHOWN, A LICENSEE SHALL NOTIFY THE DEPARTMENT WITHIN TWENTY-
FOUR HOURS OF HAVING BEEN CHARGED WITH A CRIME IN ANY JURISDICTION OR OF
ANY EVENT MEETING THE DEFINITIONS OF PROFESSIONAL MISCONDUCT SET FORTH
IN SUBDIVISION NINE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THE EDUCA-
TION LAW. In cases of professional misconduct based solely upon a
violation of subdivision nine of section sixty-five hundred thirty of
the education law, the director may direct that charges be prepared and
served and may refer the matter to a committee on professional conduct
for its review and report of findings, conclusions as to guilt, and
determination. In such cases, the notice of hearing shall state that the
licensee shall file a written answer to each of the charges and allega-
tions in the statement of charges no later than ten days prior to the
hearing, and that any charge or allegation not so answered shall be
deemed admitted, that the licensee may wish to seek the advice of coun-
sel prior to filing such answer that the licensee may file a brief and
affidavits with the committee on professional conduct, that the licensee
may appear personally before the committee on professional conduct, may
be represented by counsel and may present evidence or sworn testimony in
his or her behalf, and the notice may contain such other information as
may be considered appropriate by the director. The department may also
present evidence or sworn testimony and file a brief at the hearing. A
stenographic record of the hearing shall be made. Such evidence or sworn
testimony offered to the committee on professional conduct shall be
strictly limited to evidence and testimony relating to the nature and
severity of the penalty to be imposed upon the licensee. Where the
charges are based on the conviction of state law crimes in other juris-
dictions, evidence may be offered to the committee which would show that
the conviction would not be a crime in New York state. The committee on
professional conduct may reasonably limit the number of witnesses whose
testimony will be received and the length of time any witness will be
S. 7507--A 113 A. 9507--A
permitted to testify. The determination of the committee shall be served
upon the licensee and the department in accordance with the provisions
of paragraph (h) of this subdivision. A determination pursuant to this
subdivision may be reviewed by the administrative review board for
professional medical conduct.
§ 12. Subdivision 12 of section 230 of the public health law, as
amended by chapter 627 of the laws of 1996, paragraph (a) as amended by
chapter 477 of the laws of 2008 and paragraph (b) as amended by section
3 of part CC of chapter 57 of the laws of 2018, is amended to read as
follows:
12. Summary action. (a) Whenever the commissioner, (i) after being
presented with information indicating that a licensee is causing, engag-
ing in or maintaining a condition or activity which has resulted in the
transmission or suspected transmission, or is likely to lead to the
transmission, of communicable disease as defined in the state sanitary
code or HIV/AIDS, by the state and/or a local health department and if
in the commissioner's opinion it would be prejudicial to the interests
of the people to delay action until an opportunity for a hearing can be
provided in accordance with the prehearing and hearing provisions of
this section; [or] (ii) AFTER REQUIRING THAT A LICENSEE PRODUCE DOCU-
MENTS IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION TWO HUNDRED SIX OF
THIS CHAPTER, AND SUCH LICENSEE HAS FAILED TO PRODUCE THE REQUIRED DOCU-
MENTS WITHIN TEN DAYS, OR WITHIN SUCH SHORTER PERIOD AS MAY HAVE BEEN
SPECIFIED IN THE COMMISSIONER'S WRITTEN DEMAND FOR DOCUMENTS; OR (III)
after an investigation and a recommendation by a committee on profes-
sional conduct of the state board for professional medical conduct,
based upon a determination that a licensee is causing, engaging in or
maintaining a condition or activity which in the commissioner's opinion
[constitutes an imminent danger] PRESENTS A RISK to the health of the
people, and that it therefore appears to be prejudicial to the interests
of the people to delay action until an opportunity for a hearing can be
provided in accordance with the prehearing and hearing provisions of
this section; the commissioner may order the licensee, by written
notice, to discontinue such dangerous condition or activity or take
certain action immediately and for a period of [ninety] ONE HUNDRED
TWENTY days from the date of service of the order. Within [ten] THIRTY
days from the date of service of the said order, the state board for
professional medical conduct shall commence and regularly schedule such
hearing proceedings as required by this section, provided, however, that
the hearing shall be completed within [ninety] ONE HUNDRED TWENTY days
of the date of service of the order. To the extent that the issue of
[imminent danger] RISK TO THE HEALTH OF THE PEOPLE can be proven without
the attorney representing the office of professional medical conduct
putting in its entire case, the committee of the board shall first
determine whether by a preponderance of the evidence the licensee is
causing, engaging in or maintaining a condition or activity which
[constitutes an imminent danger] PRESENTS A RISK to the health of the
people. The attorney representing the office of professional medical
conduct shall have the burden of going forward and proving by a prepon-
derance of the evidence that the licensee's condition, activity or prac-
tice [constitutes an imminent danger] PRESENTS A RISK to the health of
the people. The licensee shall have an opportunity to be heard and to
present proof. When both the office and the licensee have completed
their cases with respect to the question of [imminent danger] RISK TO
THE HEALTH OF THE PEOPLE, the committee shall promptly make a recommen-
dation to the commissioner on the issue of [imminent danger] RISK TO THE
S. 7507--A 114 A. 9507--A
HEALTH OF THE PEOPLE and determine whether the summary order should be
left in effect, modified or vacated, and continue the hearing on all the
remaining charges, if any, in accordance with paragraph (f) of subdivi-
sion ten of this section. Within ten days of the committee's recommenda-
tion, the commissioner shall determine whether or not to adopt the
committee's recommendations, in whole or in part, and shall leave in
effect, modify or vacate his summary order. The state board for profes-
sional medical conduct shall make every reasonable effort to avoid any
delay in completing and determining such proceedings. If, at the conclu-
sion of the hearing, (i) the hearing committee of the board finds the
licensee guilty of one or more of the charges which are the basis for
the summary order, (ii) the hearing committee determines that the summa-
ry order continue, and (iii) the ninety day term of the order has not
expired, the summary order shall remain in full force and effect until a
final decision has been rendered by the committee or, if review is
sought, by the administrative review board. A summary order shall be
public upon issuance.
(b) When a licensee has pleaded or been found guilty or convicted of
committing an act constituting a felony under New York state law or
federal law, or the law of another jurisdiction which, if committed
within this state, would have constituted a felony under New York state
law, or when a licensee has been charged with committing an act consti-
tuting a felony under New York state or federal law or the law of anoth-
er jurisdiction, where the licensee's alleged conduct, which, if commit-
ted within this state, would have constituted a felony under New York
state law, and [in the commissioner's opinion the licensee's alleged
conduct constitutes an imminent danger] WHERE THE LICENSEE'S ALLEGED
CONDUCT MAY PRESENT A RISK to the health of the people, or when the duly
authorized professional disciplinary agency of another jurisdiction has
made a finding substantially equivalent to a finding that the practice
of medicine by the licensee in that jurisdiction [constitutes an immi-
nent danger] PRESENTS A RISK to the health of its people, or when a
licensee has been disciplined by a duly authorized professional disci-
plinary agency of another jurisdiction for acts which if committed in
this state would have constituted the basis for summary action by the
commissioner pursuant to paragraph (a) of this subdivision, the commis-
sioner, after a recommendation by a committee of professional conduct of
the state board for professional medical conduct, may order the licen-
see, by written notice, to discontinue or refrain from practicing medi-
cine in whole or in part or to take certain actions authorized pursuant
to this title immediately. The order of the commissioner shall consti-
tute summary action against the licensee and become public upon issu-
ance. The summary suspension shall remain in effect until the final
conclusion of a hearing which shall commence within ninety days of the
date of service of the commissioner's order, end within [ninety] ONE
HUNDRED EIGHTY days thereafter and otherwise be held in accordance with
paragraph (a) of this subdivision, provided, however, that when the
commissioner's order is based upon a finding substantially equivalent to
a finding that the practice of medicine by the licensee in another
jurisdiction [constitutes an imminent danger] PRESENTS A RISK to the
health of its people, the hearing shall commence within thirty days
after the disciplinary proceedings in that jurisdiction are finally
concluded. If, at any time, the felony charge is dismissed, withdrawn or
reduced to a non-felony charge, the commissioner's summary order shall
terminate.
S. 7507--A 115 A. 9507--A
§ 13. Paragraph (a) of subdivision 1 of section 2803-e of the public
health law, as amended by chapter 294 of the laws of 1985, is amended to
read as follows:
(a) Hospitals and other facilities approved pursuant to this article
shall make a report or cause a report to be made within thirty days of
the occurrence of any of the following: the suspension, restriction,
termination or curtailment of the training, employment, association or
professional privileges or the denial of the certification of completion
of training of an individual licensed pursuant to the provisions of
title eight of the education law or of a medical resident with such
facility for reasons related in any way to alleged mental or physical
impairment, incompetence, malpractice or misconduct or impairment of
patient safety or welfare; the voluntary or involuntary resignation or
withdrawal of association or of privileges with such facility to avoid
the imposition of disciplinary measures; NOTIFICATION BY THE HOSPITAL OR
FACILITY, TO ANY ENTITY PROVIDING PERSONNEL TO PERFORM PROFESSIONAL
SERVICES TO SUCH HOSPITAL OR FACILITY, THAT THE ENTITY SHALL NOT ASSIGN
A PARTICULAR INDIVIDUAL TO PROVIDE SUCH SERVICES TO THE HOSPITAL OR
FACILITY, FOR REASONS RELATED IN ANY WAY TO ALLEGED MENTAL OR PHYSICAL
IMPAIRMENT, INCOMPETENCE, MALPRACTICE OR MISCONDUCT OR IMPAIRMENT OF
PATIENT SAFETY OR WELFARE; or the receipt of information which indicates
that any professional licensee or medical resident has been convicted of
a crime; the denial of staff privileges to a physician if the reasons
stated for such denial are related to alleged mental or physical impair-
ment, incompetence, malpractice, misconduct or impairment of patient
safety or welfare.
§ 14. 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 paragraph (a) of subdivision 10 of
section 230 of the public health law made by sections 7 and 8 of this
act shall not affect the expiration of such paragraph and shall expire
therewith.
PART M
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 twenty-four new paragraphs 58, 59, 60,
61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78,
79, 80 and 81 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.
S. 7507--A 116 A. 9507--A
(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.
(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-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLPENTANAMIDE. OTHER NAME:
VALERYL FENTANYL.
(69) N-(4-FLUOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE. OTHER
NAME: PARA-FLUOROBUTYRYLFENTANYL.
(70) N-(4-METHOXYPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)BUTYRAMIDE.
OTHER NAME: PARA-METHOXYBUTYRYL FENTANYL.
(71) N-(4-CHLOROPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ISOBUTYRAMIDE.
OTHER NAME: PARA-CHLOROISOBUTYRYL FENTANYL.
(72) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLISOBUTYRAMIDE. OTHER NAME:
ISOBUTYRYL FENTANYL.
(73) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLCYCLOPENTANECARBOXAMIDE.
OTHER NAME: CYCLOPENTYL FENTANYL.
(74) N-(2-FLUOROPHENYL)-2-METHOXY-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAM-
IDE. OTHER NAME: OCFENTANIL.
(75) 1-CYCLOHEXYL-4-(1,2-DIPHENYLETHYL)PIPERAZINE. OTHER NAME: MT-45.
(76) N-(1-(2-FLUOROPHENETHYL)PIPERIDIN-4-YL)-N-(2-FLUOROPHENYL)PROPION-
AMIDE. SOME TRADE OR OTHER NAMES: 2'-FLUORO ORTHO-FLUOROFENTANYL.
(77) N-(2-METHYLPHENYL)-N-(1-PHENETHYLPIPERIDIN-4-YL)ACETAMIDE. SOME
TRADE OR OTHER NAMES: ORTHO-METHYL ACETYLFENTANYL.
(78) N-(1-PHENETHYLPIPERIDIN-4-YL)-N,3-DIPHENYLPROPANAMIDE. SOME
TRADE OR OTHER NAMES: BETA'-PHENYL FENTANYL; HYDROCINNAMOYL FENTANYL.
(79) N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLTHIOPHENE-2-CARBOXAMIDE.
SOME TRADE OR OTHER NAMES: THIOFURANYL FENTANYL.
(80) (E)-N-(1-PHENETHYLPIPERIDIN-4-YL)-N-PHENYLBUT-2-ENAMIDE. SOME
TRADE OR OTHER NAMES: CROTONYL FENTANYL.
(81) FENTANYL-RELATED SUBSTANCES, THEIR ISOMERS, ESTERS, ETHERS, SALTS
AND SALTS OF ISOMERS, ESTERS AND ETHERS. FENTANYL-RELATED SUBSTANCE
MEANS ANY SUBSTANCE NOT OTHERWISE LISTED IN THIS SECTION, THAT IS STRUC-
TURALLY RELATED TO FENTANYL BY ONE OR MORE OF THE FOLLOWING MODIFICA-
TIONS:
(I) REPLACEMENT OF THE PHENYL PORTION OF THE PHENETHYL GROUP BY ANY
MONOCYCLE, WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE MONOCYCLE;
(II) SUBSTITUTION IN OR ON THE PHENETHYL GROUP WITH ALKYL, ALKENYL,
ALKOXYL, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(III) SUBSTITUTION IN OR ON THE PIPERIDINE RING WITH ALKYL, ALKENYL,
ALKOXYL, ESTER, ETHER, HYDROXYL, HALO, HALOALKYL, AMINO OR NITRO GROUPS;
(IV) REPLACEMENT OF THE ANILINE RING WITH ANY AROMATIC MONOCYCLE
WHETHER OR NOT FURTHER SUBSTITUTED IN OR ON THE AROMATIC MONOCYCLE;
AND/OR
(V) REPLACEMENT OF THE N-PROPIONYL GROUP BY ANOTHER ACYL GROUP.
§ 3. Subdivision (c) of schedule II of section 3306 of the public
health law is amended by adding two new paragraphs 29 and 30 to read as
follows:
S. 7507--A 117 A. 9507--A
(29) THIAFENTANIL.
(30) NORFENTANYL.
§ 4. Section 3308 of the public health law is amended by adding a new
subdivision 7 to read as follows:
7. THE COMMISSIONER MAY, BY REGULATION, CLASSIFY AS A SCHEDULE I
CONTROLLED SUBSTANCE IN SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS
ARTICLE ANY SUBSTANCE LISTED IN SCHEDULE I OF THE FEDERAL SCHEDULES OF
CONTROLLED SUBSTANCES IN 21 USC § 812 OR 21 CFR § 1308.11.
§ 5. 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.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.
PART N
Section 1. The public health law is amended by adding a new section
2803-z to read as follows:
§ 2803-Z. ANTIMICROBIAL RESISTANCE PREVENTION AND EDUCATION. 1. EVERY
GENERAL HOSPITAL AND NURSING HOME SHALL ESTABLISH AND IMPLEMENT AN ANTI-
BIOTIC STEWARDSHIP PROGRAM THAT MEETS OR EXCEEDS FEDERAL MEDICARE AND
MEDICAID CONDITIONS OF PARTICIPATION FOR ANTIMICROBIAL STEWARDSHIP
PROGRAMS IN HEALTH CARE FACILITIES. ADDITIONALLY, SUCH PROGRAM SHALL
INCORPORATE AN ONGOING PROCESS TO MEASURE THE IMPACT OF THE PROGRAM,
INCLUDING REVIEW, AT LEAST ANNUALLY, OF ANTIMICROBIAL UTILIZATION DATA
WITH DEVELOPMENT OF RESPONSE PLANS FOR HIGH OR INCREASING UTILIZATION.
2. EVERY GENERAL HOSPITAL AND NURSING HOME SHALL ESTABLISH AND IMPLE-
MENT TRAINING REGARDING ANTIMICROBIAL RESISTANCE AND INFECTION
PREVENTION AND CONTROL, OR ENSURE THAT SUCH TRAINING HAS TAKEN PLACE, IN
ADDITION TO OR WITHIN EXISTING INFECTION CONTROL TRAINING PROGRAMS, FOR
ALL INDIVIDUALS LICENSED OR CERTIFIED PURSUANT TO TITLE EIGHT OF THE
EDUCATION LAW AND WHO ARE REQUIRED TO COMPLETE COURSEWORK OR TRAINING
REGARDING INFECTION CONTROL PURSUANT TO SECTION 239 OF THE PUBLIC HEALTH
LAW OR SECTION 6505-B OF THE EDUCATION LAW.
3. THE COMMISSIONER SHALL MAKE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect on the one hundred eightieth 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 O
Section 1. Subdivisions 1, 4-b, and 7 of section 2805-i of the public
health law, subdivision 1 as amended by section 1 of part HH of chapter
57 of the laws of 2018, paragraph (c) of subdivision 1 as amended by
chapter 681 of the laws of 2019, subdivisions 4-b and 7 as added by
chapter 1 of the laws of 2000, subparagraph 1 of paragraph (b) and para-
graph (c) of subdivision 4-b as amended by chapter 292 of the laws of
S. 7507--A 118 A. 9507--A
2008, and subdivision 7 as renumbered by chapter 407 of the laws of
2018, are amended to read as follows:
1. [Every] WHEN AN ALLEGED VICTIM OF A SEXUAL OFFENSE SEEKS SERVICES
FROM A HOSPITAL WITH AN EMERGENCY DEPARTMENT, SUCH hospital [providing
treatment to alleged victims of a sexual offense] shall be responsible
for:
(a) maintaining sexual offense evidence and the chain of custody as
provided in subdivision two of this section;
(b) contacting a rape crisis or victim assistance organization, if
any, providing victim assistance to the geographic area served by that
hospital to establish the coordination of non-medical services to sexual
offense victims who request such coordination and services;
(c) offering and making available appropriate HIV post-exposure treat-
ment therapies; including a full regimen of HIV post-exposure prophylax-
is, in cases where it has been determined, in accordance with guidelines
issued by the commissioner, that a significant exposure to HIV has
occurred. With the consent of the victim of a sexual assault, the hospi-
tal emergency room department shall provide or arrange for an appoint-
ment for medical follow-up related to HIV post-exposure prophylaxis and
other care as appropriate, and inform the victim that payment assistance
for such care may be available from the office of victim services pursu-
ant to the provisions of article twenty-two of the executive law; [and]
(d) ensuring sexual assault survivors are not billed for sexual
assault forensic exams and are notified orally and in writing of the
option to decline to provide private health insurance information and
have the office of victim services reimburse the hospital for the exam
pursuant to subdivision thirteen of section six hundred thirty-one of
the executive law[.];
(E) ENSURING THAT THE VICTIM, ABSENT EXIGENT CIRCUMSTANCES, IS MET BY
A SEXUAL ASSAULT FORENSIC EXAMINER WITHIN SIXTY MINUTES OF ARRIVING AT
THE HOSPITAL AND THAT THE VICTIM, UPON CONSENT, IS PROMPTLY EXAMINED BY
SUCH SEXUAL ASSAULT FORENSIC EXAMINER IN A PRIVATE ROOM DESIGNATED FOR
SUCH EXAMINATIONS;
(1) THE TERM EXAMINATION MEANS THE SEXUAL ASSAULT MEDICAL FORENSIC
EXAMINATION, WHICH MAY INCLUDE, UPON CONSENT OF THE VICTIM, GATHERING
INFORMATION FROM THE VICTIM FOR THE MEDICAL FORENSIC HISTORY; A MEDICAL
EXAMINATION; COORDINATING TREATMENT OF INJURIES, DOCUMENTATION OF
BIOLOGICAL AND PHYSICAL FINDINGS, AND COLLECTION OF EVIDENCE FROM THE
VICTIM USING THE SEXUAL OFFENSE EVIDENCE COLLECTION KIT; DOCUMENTATION
OF FINDINGS; INFORMATION, TREATMENT, AND REFERRALS FOR SEXUALLY TRANS-
MITTED INFECTIONS, PREGNANCY, SUICIDAL IDEATION, ALCOHOL AND SUBSTANCE
ABUSE, AND OTHER NONACUTE MEDICAL CONCERNS; AND ASSESSMENT FOR ADDI-
TIONAL TREATMENT AND SERVICES.
(2) THE SEXUAL ASSAULT FORENSIC EXAMINER SHALL BE A NURSE PRACTITION-
ER, PHYSICIAN ASSISTANT, REGISTERED NURSE OR PHYSICIAN SPECIALLY TRAINED
AND CERTIFIED IN FORENSIC EXAMINATION OF SEXUAL OFFENSE VICTIMS AND THE
PRESERVATION OF FORENSIC EVIDENCE IN SUCH CASES, PURSUANT TO REGULATIONS
PROMULGATED BY THE COMMISSIONER. A SEXUAL ASSAULT FORENSIC EXAMINER
SHALL BE AVAILABLE ON A TWENTY-FOUR HOUR A DAY BASIS EVERY DAY OF THE
YEAR.
(3) DURING THE EXAMINATION, AN OBSTETRICIAN/GYNECOLOGIST OR OTHER
APPROPRIATE MEDICAL DOCTOR SHALL BE READILY AVAILABLE TO THE FORENSIC
EXAMINER IF THERE IS A NEED FOR MORE SPECIALIZED MEDICAL EVALUATION OR
TREATMENT.
(4) PROMPTLY AFTER THE EXAMINATION IS COMPLETED, THE VICTIM SHALL BE
PERMITTED TO SHOWER, BE PROVIDED WITH A CHANGE OF CLOTHING, AND RECEIVE
S. 7507--A 119 A. 9507--A
FOLLOW-UP INFORMATION, COUNSELING, MEDICAL TREATMENT AND REFERRALS FOR
SAME;
(F) DESIGNATING A QUALIFIED STAFF PERSON TO EXERCISE ADMINISTRATIVE
AND CLINICAL OVERSIGHT OF THE TREATMENT OF SEXUAL ASSAULT PATIENTS WHO
SEEK CARE IN THE HOSPITAL'S EMERGENCY DEPARTMENT, AND DEVELOP POLICIES
AND PROCEDURES TO GUARANTEE SUFFICIENT STAFFING TO MEET THE REQUIREMENTS
OF THIS SECTION;
(G) ENSURING THAT ALL EMERGENCY DEPARTMENT PERSONNEL RECEIVE TRAINING
REGARDING STANDARDS OF CARE FOR ASSESSMENT AND TREATMENT OF VICTIMS OF
SEXUAL ASSAULT. SUCH TRAINING SHALL BE PROVIDED BY OCTOBER FIRST, TWO
THOUSAND TWENTY AND AT LEAST ANNUALLY THEREAFTER;
(H) BEGINNING MARCH FIRST, TWO THOUSAND TWENTY-ONE, AND ANNUALLY THER-
EAFTER, HOSPITALS WITH AN EMERGENCY DEPARTMENT SHALL PROVIDE AN ATTESTA-
TION TO THE DEPARTMENT, WHICH SHALL:
(1) DETAIL THE NUMBER OF DULY TRAINED AND CERTIFIED SEXUAL ASSAULT
FORENSIC EXAMINERS AVAILABLE TO THE HOSPITAL, PURSUANT TO PARAGRAPH (E)
OF THIS SUBDIVISION;
(2) LIST THE NAME AND CONTACT INFORMATION OF THE STAFF PERSON WHO HAS
BEEN DESIGNATED BY THE HOSPITAL TO OVERSEE THE TREATMENT OF SEXUAL
ASSAULT PATIENTS, PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION; AND
(3) AFFIRM THAT THE HOSPITAL HAS COMPLETED TRAININGS REGARDING STAND-
ARDS OF CARE FOR ASSESSMENT AND TREATMENT OF VICTIMS OF SEXUAL ASSAULT,
PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION; AND
(I) A HOSPITAL WITHOUT AN EMERGENCY DEPARTMENT SHALL ESTABLISH A
PROTOCOL FOR THE TRANSFER OF SEXUAL ASSAULT VICTIMS TO A HOSPITAL WITH
AN EMERGENCY DEPARTMENT. THE PROTOCOL MUST ADDRESS ALL PATIENT NEEDS,
INCLUDING, BUT NOT LIMITED TO:
(1) REQUIREMENTS TO OBTAIN CONSENT FROM THE SEXUAL ASSAULT VICTIM FOR
THE TRANSFER;
(2) MEASURES TO ENSURE MINIMAL DELAY IN CARE;
(3) PROCEDURES TO PREVENT LOSS OF EVIDENCE; AND
(4) PROTOCOLS FOR PROVIDING CARE IF THE SEXUAL ASSAULT VICTIM DECLINES
A TRANSFER TO A HOSPITAL WITH AN EMERGENCY DEPARTMENT. SUCH A PROTOCOL
MAY INCLUDE HAVING A SEXUAL ASSAULT FORENSIC EXAMINER COME TO THE HOSPI-
TAL.
[4-b. (a) The commissioner shall, with the consent of the directors of
interested hospitals in the state and in consultation with the commis-
sioner of the division of criminal justice services, designate hospitals
in the state as the sites of a twenty-four hour sexual assault forensic
examiner program. The hospital sites shall be designated in urban,
suburban and rural areas to give as many state residents as possible
ready access to the sexual assault forensic examiner program. The
commissioner, in consultation with the commissioner of the division of
criminal justice services, shall consider the following criteria when
designating these sexual assault forensic examiner program sites:
(1) the location of the hospital;
(2) the hospital's capacity to provide on-site comprehensive medical
services to victims of sexual offenses;
(3) the capacity of the hospital site to coordinate services for
victims of sexual offenses including medical treatment, rape crisis
counseling, psychological support, law enforcement assistance and foren-
sic evidence collection;
(4) the hospital's capacity to provide access to the sexual assault
forensic examiner site for disabled victims;
(5) the hospital's existing services for victims of sexual offenses;
S. 7507--A 120 A. 9507--A
(6) the capacity of the hospital site to collect uniform data and
insure confidentiality of such data; and
(7) the hospital's compliance with state and federally mandated stand-
ards of medical care.
(b) Each sexual assault forensic examiner program site designated
pursuant to this subdivision shall comply with the requirements of
subdivisions one, two and three of this section, and shall also provide
treatment to the victim as follows:
(1) The victim shall, absent exigent circumstances, be met by a sexual
assault forensic examiner within sixty minutes of arriving at the hospi-
tal, who shall be a nurse practitioner, physician assistant, registered
nurse or physician specially trained in forensic examination of sexual
offense victims and the preservation of forensic evidence in such cases
and certified as qualified to provide such services pursuant to regu-
lations promulgated by the commissioner. Such program shall assure that
such a specially-trained forensic examiner is on-call and available on a
twenty-four hour a day basis every day of the year.
(2) An examination of the victim shall be performed promptly by such
forensic examiner in a private room designated for such examinations. An
obstetrician/gynecologist or other appropriate medical doctor shall be
readily available to the forensic examiner if there is a need for more
specialized medical evaluation or treatment.
(3) Promptly after the examination is completed, the victim shall be
permitted to shower, be provided with a change of clothing, and receive
follow-up information, counseling, medical treatment and referrals for
same.
(c) Nothing in this subdivision shall affect the existence or contin-
ued existence of any program in this state through which a trained nurse
practitioner, physician assistant, registered nurse or physician is
providing appropriate forensic examinations and related services to
survivors of sexual assault.]
7. On or before November thirtieth, two thousand [two] TWENTY-THREE,
the commissioner shall make a report to the governor, the temporary
president of the senate and the speaker of the assembly concerning the
USE AND EFFECTIVENESS OF sexual assault forensic [examiner program
established under subdivision four-b of this section] EXAMINERS IN
PROVIDING TREATMENT TO ALLEGED VICTIMS OF A SEXUAL OFFENSE, AS SET FORTH
IN SUBDIVISION ONE OF THIS SECTION. Such report shall include an evalu-
ation of [the efficacy of such program in obtaining useful forensic
evidence in sexual offense cases and assuring] HOSPITALS' ABILITY TO
PROVIDE quality treatment to [sex] SEXUAL offense victims. [Such report
shall also recommend whether this program should be expanded and shall
estimate the financial cost, if any, of such expansion.]
§ 2. This act shall take effect October 1, 2020; provided, however,
that if chapter 681 of the laws of 2019 shall not have taken effect on
or before such date then the amendments to paragraph (c) of subdivision
one of section 2805-i of the public health law made by section one of
this act shall take effect on the same date and in the same manner as
such chapter. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART P
S. 7507--A 121 A. 9507--A
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 4 of section 1393 of the public health law, as
amended by chapter 439 of the laws of 2009, is amended to read as
follows:
4. The fee for a permit shall be [two] EIGHT hundred dollars, except
that no fee shall be charged in the case of a children's overnight,
summer day or traveling summer day camp operated by a person, firm,
corporation or association for charitable, philanthropic or religious
purposes.
§ 3. 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.
§ 4. 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
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.
§ 5. 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.
§ 6. This act shall take effect immediately.
PART Q
S. 7507--A 122 A. 9507--A
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, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "FLAVORED" SHALL MEAN ANY ELECTRONIC CIGARETTE, LIQUID NICOTINE,
OR OTHER 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 DISTINGUISHABLE FROM TOBACCO FLAVOR BUT
MAY NOT RELATE TO ANY PARTICULAR KNOWN FLAVOR. AN ELECTRONIC CIGARETTE,
LIQUID NICOTINE, OR OTHER 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 EMPLOYEE HAS MADE A STATEMENT OR CLAIM DIRECTED TO CONSUMERS OR
THE PUBLIC, WHETHER EXPRESSED OR IMPLIED, THAT SUCH PRODUCT OR DEVICE
HAS A DISTINGUISHABLE TASTE OR AROMA OTHER THAN THE TASTE OR AROMA OF
TOBACCO.
(B) "LIQUID NICOTINE" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SECTION THIRTEEN HUNDRED NINETY-NINE-CC OF THIS ARTICLE.
2. NO PERSON SHALL SELL OR OFFER FOR SALE AT RETAIL IN THE STATE ANY
FLAVORED ELECTRONIC CIGARETTE, FLAVORED LIQUID NICOTINE, OR OTHER
FLAVORED VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE.
3. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
SUBJECT TO A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS FOR EACH INDIVID-
UAL PACKAGE OF FLAVORED ELECTRONIC CIGARETTE, FLAVORED LIQUID NICOTINE,
OR OTHER 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 MANUFACTURER, IT SHALL BE AN
AFFIRMATIVE DEFENSE TO A FINDING OF VIOLATION PURSUANT 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 THIS ARTICLE,
EXCEPT THAT ANY PERSON MAY SUBMIT A COMPLAINT TO AN ENFORCEMENT OFFICER
THAT A VIOLATION OF THIS SECTION HAS OCCURRED.
§ 1399-MM-2. SALE IN PHARMACIES. NO TOBACCO PRODUCT, HERBAL CIGARETTE,
ELECTRONIC CIGARETTE, OR OTHER 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.
§ 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.
S. 7507--A 123 A. 9507--A
2. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
GOVERNING THE SALE AND DISTRIBUTION OF CARRIER OILS. SUCH REGULATIONS
MAY, TO THE EXTENT DEEMED BY THE COMMISSIONER AS NECESSARY FOR THE
PROTECTION OF PUBLIC HEALTH, PROHIBIT OR RESTRICT THE SELLING, 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.
§ 2. Section 1399-n of the public health law is amended by adding a
new subdivision 3-a to read as follows:
3-A. "INDOOR AREA" MEANS ANY AREA WITH A FULL OR PARTIAL ROOF COVER-
ING; PROVIDED, HOWEVER, THAT WITH RESPECT TO FACILITIES LICENSED PURSU-
ANT TO ARTICLE THIRTEEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW ONLY, "INDOOR AREA" SHALL MEAN AN AREA WITH A ROOF OR CEILING IN
PLACE, INCLUDING A FIXED OR MOVABLE ROOF OR CEILING, WHERE THE TOTAL
ACTUAL AREA OF THE WALL SURFACES EXCEEDS SEVENTY-FIVE PERCENT OF THE
TOTAL NOTIONAL WALL AREA, AND WHICH ALLOW THE FREE FLOW OF AIR WITHOUT
THE ASSISTANCE OF MECHANICAL VENTILATION, AS DEFINED BY THE COMMISSION-
ER. THE COMMISSIONER MAY DETERMINE AND ENFORCE A LOWER PERCENTAGE OF
TOTAL ACTUAL AREA TO NOTIONAL WALL AREA, AS DEEMED NECESSARY TO PROTECT
THE PUBLIC HEALTH AND THE INTENT OF THIS ARTICLE; PROVIDED, HOWEVER,
THAT THE MAXIMUM PERCENTAGE DETERMINED IS NO LOWER THAN FIFTY PERCENT OF
THE TOTAL NOTIONAL WALL AREA. THE COMMISSIONER SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO DEFINE NOTIONAL WALL AREA,
MECHANICAL VENTILATION, AND RELATED BUILDING SPECIFICATIONS NEEDED TO
MAKE A DETERMINATION OF WHETHER OR NOT A STRUCTURE FALLS WITHIN THE
DEFINITION OF INDOOR AREA.
§ 3. Section 6808 of the education law is amended by adding a new
subdivision 9 to read as follows:
9. NO TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC CIGARETTE, OR
OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR
FOR THE CONSUMPTION OF NICOTINE, AS SUCH TERMS ARE DEFINED BY SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THE PUBLIC HEALTH LAW, SHALL BE SOLD
OR OFFERED FOR SALE AT A REGISTERED PHARMACY OR AN ESTABLISHMENT WHERE A
PHARMACY DEPARTMENT IS LOCATED.
§ 4. 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. "TOBACCO MENU" MEANS A BOOKLET, PAMPHLET, OR OTHER LISTING OF
TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS, OR ELECTRONIC
CIGARETTES OFFERED FOR SALE BY A RETAIL DEALER WHICH INCLUDES THE PRICE
OF SUCH PRODUCTS. A TOBACCO MENU MAY CONTAIN PICTURES OF AND ADVERTISE-
MENTS FOR TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS, OR
ELECTRONIC CIGARETTES.
S. 7507--A 124 A. 9507--A
16. "MENU COVER PAGE" MEANS THE FRONT COVER OF A TOBACCO MENU OR, IF
THERE IS NO FRONT COVER, THE FIRST PAGE OF SUCH TOBACCO MENU.
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. "VAPOR PRODUCT"
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 CHAP-
TER.
18. "VAPOR PRODUCTS DEALER" MEANS A PERSON LICENSED BY THE COMMISSION-
ER OF TAX AND FINANCE TO SELL VAPOR PRODUCTS IN THIS STATE.
§ 5. The section heading and subdivisions 1, 2, 3 and 4 of section
1399-ll of the public health law, the section heading and subdivisions
2, 3, and 4 as added by chapter 262 of the laws of 2000, and subdivision
1 as amended by chapter 342 of the laws of 2013, are amended to read as
follows:
Unlawful shipment or transport of cigarettes AND ELECTRONIC
CIGARETTES. 1. It shall be unlawful for any person engaged in the busi-
ness of selling cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE,
AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, to ship or cause to be shipped
any cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER
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 licensed as a cigarette 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 VAPOR PRODUCTS DEALER REGISTERED WITH
THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO ARTICLE
TWENTY-EIGHT-C OF THE TAX LAW; OR (D) 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 paragraph (a) of this subdivi-
sion 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.
2. It shall be unlawful for any common or contract carrier to knowing-
ly transport cigarettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR
OTHER 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 para-
graph (a), (b) [or], (c), OR (D) of subdivision one of this section. For
purposes of the preceding sentence, if cigarettes, ELECTRONIC CIGA-
RETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY 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), OR (D) of subdivision one of this section.
It shall be unlawful for any other person to knowingly transport ciga-
rettes, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR
S. 7507--A 125 A. 9507--A
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), OR (D) 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 trans-
porting not more than eight hundred cigarettes at any one time to any
person in this state.
3. When a person engaged in the business of selling cigarettes, ELEC-
TRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED
OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICO-
TINE ships or causes to be shipped any cigarettes, ELECTRONIC CIGA-
RETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE to any
person in this state, other than in the cigarette manufacturer's
original container or wrapping, the container or wrapping must be plain-
ly and visibly marked with the [word] WORDS "cigarettes", "ELECTRONIC
CIGARETTES", OR "LIQUID NICOTINE", AS APPLICABLE.
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, ELECTRONIC CIGARETTES, LIQUID NICOTINE,
AND/OR OTHER 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, ELECTRONIC CIGARETTES, LIQUID NICOTINE, AND/OR OTHER VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, and such cigarettes, ELECTRONIC CIGARETTES,
LIQUID NICOTINE, AND/OR OTHER 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, ELECTRONIC
CIGARETTES, LIQUID NICOTINE, AND/OR OTHER 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 forfeiture crime.
§ 6. 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 LIQUIDS, elec-
tronic cigarettes or herbal cigarettes without charge. 1. No person
engaged in the business of selling or otherwise distributing tobacco
products, ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES, OTHER 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, shall knowingly, in furtherance
of such business:
(a) distribute without charge any tobacco products, ELECTRONIC
LIQUIDS, ELECTRONIC CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY 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, ELECTRONIC LIQUIDS, ELECTRONIC
CIGARETTES, OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
S. 7507--A 126 A. 9507--A
USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarettes in
violation of this subdivision shall constitute a single violation with-
out regard to the number of items in the package; or
(b) distribute [coupons] PRICE REDUCTION INSTRUMENTS which are redeem-
able for tobacco products, ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES,
OTHER 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 ELECTRONIC LIQUIDS, ELECTRONIC
CIGARETTES, OTHER 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, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OTHER 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 PERSON ENGAGED IN THE BUSINESS OF SELLING OR OTHERWISE
DISTRIBUTING TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE FOR COMMER-
CIAL PURPOSES, OR ANY AGENT OR EMPLOYEE OF SUCH PERSON, 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, ELECTRONIC
LIQUIDS, ELECTRONIC CIGARETTES, OR OTHER 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,
ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES, OR OTHER 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 OTHER-
WISE PROVIDE TO A CONSUMER ANY TOBACCO PRODUCTS, HERBAL CIGARETTES,
ELECTRONIC LIQUIDS, ELECTRONIC CIGARETTES, OR OTHER VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE FOR LESS THAN THE LISTED PRICE IN EXCHANGE FOR THE PURCHASE
OF ANY OTHER TOBACCO PRODUCTS, HERBAL CIGARETTES, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OR OTHER 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, ELECTRONIC LIQUID, ELECTRONIC CIGA-
RETTE, OR OTHER 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 IN EXCHANGE FOR THE PURCHASE OF A TOBACCO PRODUCT, HERBAL
CIGARETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER VAPOR PROD-
UCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMP-
TION OF NICOTINE BY SUCH CONSUMER; OR
(D) SELL, OFFER FOR SALE, OR OTHERWISE PROVIDE A TOBACCO PRODUCT,
HERBAL CIGARETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER
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.
2. The prohibitions contained in subdivision one of this section shall
not apply to the following locations:
S. 7507--A 127 A. 9507--A
(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, ELECTRONIC LIQUID, ELECTRONIC CIGA-
RETTE, OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED
WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette manufactur-
ers 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 shall distribute tobacco products, ELECTRONIC LIQUIDS,
ELECTRONIC CIGARETTES, OTHER 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 writ-
ten notice to the enforcement officer.
4. No person engaged in the business of selling or otherwise distrib-
uting ELECTRONIC LIQUIDS, electronic cigarettes, OR OTHER 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
person, shall knowingly, in furtherance of such business, distribute
without charge any electronic cigarettes to any individual under twen-
ty-one years of age.
5. The distribution of tobacco products, ELECTRONIC CIGARETTES, ELEC-
TRONIC LIQUIDS, OTHER 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, ELECTRONIC LIQUIDS, OR OTHER VAPOR
PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE, shall be made only to an individual who demon-
strates, through (A) a driver's license or [other photographic] NON-DRI-
VER 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 PROVIN-
CIAL GOVERNMENT OF THE DOMINION OF CANADA, (B) A VALID PASSPORT ISSUED
BY THE UNITED STATES GOVERNMENT OR THE GOVERNMENT 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 constitute a defense in any
proceeding alleging the sale of a tobacco product, electronic cigarette,
ELECTRONIC LIQUID, OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE, or herbal cigarette
or the distribution without charge of electronic cigarettes, ELECTRONIC
S. 7507--A 128 A. 9507--A
LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
USED WITH OR FOR THE CONSUMPTION OF NICOTINE to an individual.
§ 7. Subdivision 7 of section 1399-cc of the public health law, as
amended by chapter 100 of the laws of 2019, is amended to read as
follows:
7. (A) No person operating a place of business wherein tobacco
products, herbal cigarettes, liquid nicotine, shisha or electronic ciga-
rettes are sold or offered for sale shall sell, permit to be sold, offer
for sale or display for sale any tobacco product, herbal cigarettes,
liquid nicotine, shisha or electronic cigarettes in any manner, unless
such products and cigarettes are stored for sale [(a)] (I) behind a
counter in an area accessible only to the personnel of such business, or
[(b)] (II) in a locked container; provided, however, such restriction
shall not apply to tobacco businesses, as defined in subdivision eight
of section thirteen hundred ninety-nine-aa of this article, and to plac-
es to which admission is restricted to persons twenty-one years of age
or older.
(B) IN ADDITION TO THE REQUIREMENTS SET FORTH IN PARAGRAPH (A) OF THIS
SUBDIVISION, NO RETAILER OF TOBACCO AND/OR VAPOR PRODUCTS SHALL PERMIT
THE DISPLAY OF ANY TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID,
ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IN A MANNER
THAT PERMITS A CONSUMER TO VIEW ANY SUCH ITEM PRIOR TO PURCHASE, EXCEPT:
(I) AT THE DIRECT REQUEST OF A CUSTOMER AT LEAST TWENTY-ONE YEARS OF
AGE, WHERE SUCH RETAILER ALLOWS SUCH CUSTOMER TO HANDLE SUCH ITEM, PACK-
AGED OR OTHERWISE, FOR THE PURPOSE OF INSPECTING SUCH ITEM PRIOR TO
PURCHASE; OR
(II) WHERE SUCH ITEMS ARE TEMPORARILY VISIBLE DURING THE RESTOCKING,
SALE, OR CARRIAGE INTO OR OUT OF THE PREMISES OF SUCH ITEMS.
(C) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL DISPLAY OR PERMIT
THE DISPLAY OF ANY TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID,
ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE FOR ANY
LONGER THAN NECESSARY TO COMPLETE THE PURPOSES IDENTIFIED IN SUBPARA-
GRAPHS (I) AND (II) OF PARAGRAPH (B) OF THIS SUBDIVISION.
(D) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL STORE ANY TOBACCO
MENU IN A LOCATION WHERE IT IS VISIBLE TO CUSTOMERS OR ACCESSIBLE TO
CUSTOMERS WITHOUT THE ASSISTANCE OF SUCH RETAILER. A TOBACCO MENU SHALL
ALSO CONTAIN A MENU COVER PAGE THAT SHALL PREVENT THE INADVERTENT VIEW-
ING OF PROMOTIONAL MATERIAL OR OTHER MATERIAL CONTAINED WITHIN SUCH
TOBACCO MENU.
(E) NO TOBACCO AND/OR VAPOR PRODUCTS RETAILER SHALL PROVIDE ANY TOBAC-
CO MENU OR TOBACCO PRODUCT, HERBAL CIGARETTE, ELECTRONIC LIQUID, ELEC-
TRONIC CIGARETTE, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED
TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE TO ANY INDIVIDUAL WHO
HAS NOT DEMONSTRATED, THROUGH IDENTIFICATION WHICH MEETS THE REQUIRE-
MENTS OF SUBDIVISION THREE OF THIS SECTION, THAT SUCH INDIVIDUAL IS AT
LEAST TWENTY-ONE YEARS OF AGE. SUCH IDENTIFICATION NEED NOT BE REQUIRED
OF ANY INDIVIDUAL WHO REASONABLY APPEARS TO BE OVER THE AGE OF TWENTY-
FIVE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL NOT CONSTITUTE A
DEFENSE IN ANY PROCEEDING ALLEGING THE SALE OF SUCH ITEM TO AN INDIVID-
UAL UNDER TWENTY-ONE YEARS OF AGE. IT SHALL BE AN AFFIRMATIVE DEFENSE TO
A VIOLATION OF THIS SUBDIVISION THAT THE TOBACCO AND/OR VAPOR PRODUCTS
RETAILER SUCCESSFULLY PERFORMED A TRANSACTION SCAN OF AN INDIVIDUAL'S
IDENTIFICATION AND THAT A TOBACCO MENU, TOBACCO PRODUCT, HERBAL CIGA-
RETTE, ELECTRONIC LIQUID, ELECTRONIC CIGARETTE, OR OTHER VAPOR PRODUCT
S. 7507--A 129 A. 9507--A
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE WAS PROVIDED TO SUCH INDIVIDUAL IN REASONABLE RELIANCE UPON
SUCH IDENTIFICATION AND TRANSACTION SCAN.
(F) AFTER A CUSTOMER HAS COMPLETED VIEWING A TOBACCO MENU, THE RETAIL-
ER OF TOBACCO AND/OR VAPOR PRODUCTS SHALL IMMEDIATELY RETURN SUCH TOBAC-
CO MENU TO ITS STORAGE LOCATION.
(G) UNLESS REQUIRED OTHERWISE BY RULE OR REGULATION OF THE DEPARTMENT,
THE MENU COVER PAGE OF A TOBACCO MENU SHALL BE BLANK OR CONTAIN ONLY THE
WORDS "TOBACCO MENU" AND SHALL NOT CONTAIN ANY ADVERTISING OR OTHER
PROMOTIONAL MATERIAL.
§ 8. The general business law is amended by adding a new section 396-
bbb to read as follows:
§ 396-BBB. RESTRICTIONS ON ELECTRONIC CIGARETTE AND ELECTRONIC LIQUID
ADVERTISEMENTS. 1. NO MANUFACTURER, DISTRIBUTOR, AND/OR RETAILER OF
ELECTRONIC CIGARETTES, ELECTRONIC LIQUIDS, OR OTHER VAPOR PRODUCTS
INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION
OF NICOTINE SHALL ADVERTISE OR DISSEMINATE, OR CAUSE TO BE ADVERTISED OR
DISSEMINATED, ANY ADVERTISING FOR ELECTRONIC CIGARETTES, ELECTRONIC
LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE
USED WITH OR FOR THE CONSUMPTION OF NICOTINE OTHER THAN IN PUBLICATIONS,
WHETHER FOR PERIODIC OR LIMITED DISTRIBUTION, THAT SUCH MANUFACTURER,
DISTRIBUTOR, AND/OR RETAILER DEMONSTRATES IS AN ADULT PUBLICATION.
2. ADVERTISING OF ELECTRONIC CIGARETTES, ELECTRONIC LIQUIDS, OR OTHER
VAPOR PRODUCTS INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR
THE CONSUMPTION OF NICOTINE BY A MANUFACTURER, DISTRIBUTOR, AND/OR
RETAILER IN AN AUDIO OR VIDEO FORMAT, INCLUDING BUT NOT LIMITED TO
ADVERTISING ON WEBSITES AND SOCIAL MEDIA PLATFORMS, SHALL BE LIMITED AS
FOLLOWS:
(A) AUDIO FORMATS SHALL BE LIMITED TO WORDS ONLY, WITH NO MUSIC OR
SOUND EFFECTS; AND
(B) VIDEO FORMATS SHALL BE LIMITED TO STATIC BLACK TEXT ONLY ON A
WHITE BACKGROUND, AND ANY AUDIO WITH SUCH VIDEOS SHALL BE LIMITED TO
WORDS ONLY, WITH NO MUSIC OR SOUND EFFECTS.
3. NO MANUFACTURER, DISTRIBUTOR, AND/OR RETAILER OF ELECTRONIC CIGA-
RETTES, ELECTRONIC LIQUIDS, OR OTHER VAPOR PRODUCTS INTENDED OR REASON-
ABLY EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE SHALL
ADVERTISE OR CAUSE TO BE ADVERTISED, DISSEMINATE OR CAUSE TO BE DISSEM-
INATED, FALSE OR MISLEADING STATEMENTS. SUCH FALSE OR MISLEADING STATE-
MENTS INCLUDE BUT SHALL NOT BE LIMITED TO STATEMENTS INDICATING OR
SUGGESTING TO A REASONABLE PERSON: (A) THAT AN ELECTRONIC CIGARETTE, AN
ELECTRONIC LIQUID, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IS A SMOKING
CESSATION PRODUCT, UNLESS SUCH ELECTRONIC CIGARETTE, ELECTRONIC LIQUID,
OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH
OR FOR THE CONSUMPTION OF NICOTINE IS APPROVED BY THE UNITED STATES FOOD
AND DRUG ADMINISTRATION AS SUCH; OR (B) THAT AN ELECTRONIC CIGARETTE, AN
ELECTRONIC LIQUID, OR OTHER VAPOR PRODUCT INTENDED OR REASONABLY
EXPECTED TO BE USED WITH OR FOR THE CONSUMPTION OF NICOTINE IS SAFE,
UNLESS SUCH ELECTRONIC CIGARETTE, ELECTRONIC LIQUID, OR OTHER VAPOR
PRODUCT INTENDED OR REASONABLY EXPECTED TO BE USED WITH OR FOR THE
CONSUMPTION OF NICOTINE HAS RECEIVED MARKETING APPROVAL FROM THE UNITED
STATES FOOD AND DRUG ADMINISTRATION.
4. FOR THE PURPOSES OF THIS SECTION "ADULT PUBLICATION" SHALL MEAN A
NEWSPAPER, MAGAZINE, PERIODICAL, WEBSITE, SOCIAL MEDIA PLATFORM, OR
OTHER PUBLICATION:
S. 7507--A 130 A. 9507--A
(A) WHOSE READERS YOUNGER THAN TWENTY-ONE YEARS OF AGE CONSTITUTE
FIFTEEN PERCENT OR LESS OF THE TOTAL READERSHIP OR VIEWERSHIP, AS MEAS-
URED BY COMPETENT AND RELIABLE SURVEY EVIDENCE; AND
(B) THAT IS READ OR VIEWED BY FEWER THAN TWO MILLION PERSONS YOUNGER
THAN TWENTY-ONE YEARS OF AGE AS MEASURED BY COMPETENT AND RELIABLE
SURVEY EVIDENCE.
§ 9. 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 HAVE THE SAME MEANING AS DEFINED BY SECTION
THIRTEEN HUNDRED NINETY-NINE-AA OF THIS CHAPTER.
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
S. 7507--A 131 A. 9507--A
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,
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 CAPABLE OF BEING RE-FILLED BY A FINAL CONSUM-
ER, THE INFORMATION POSTED PURSUANT TO THIS SUBDIVISION SHALL INCLUDE,
BUT SHALL NOT BE LIMITED TO:
(I) A LIST NAMING EACH BYPRODUCT THAT MAY BE INTRODUCED INTO VAPOR
PRODUCED DURING THE NORMAL USE OF SUCH E-CIGARETTE;
(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 SUCH INGREDIENTS;
(III) 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
(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.
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,
SUCH MANUFACTURERS SHALL FURNISH SUCH INFORMATION PRIOR TO THE SALE OF
S. 7507--A 132 A. 9507--A
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.
§ 10. 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] ONE THOUSAND dollars, but not to
exceed [one] TWO thousand dollars for a first violation, and a minimum
of ONE THOUSAND five hundred dollars, but not to exceed [one] THREE
thousand [five hundred] dollars for each subsequent violation, unless a
different penalty is otherwise provided in this article. The enforcement
officer shall advise the retail dealer that upon the accumulation of
three or more points pursuant to this section the department of taxation
and finance shall suspend the 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.
§ 11. 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:
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
S. 7507--A 133 A. 9507--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.
§ 12. Section 1399-x of the public health law is REPEALED.
§ 13. This act shall take effect July 1, 2020; provided, however, that
section one of this act shall take effect on the thirtieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART R
Section 1. The director of the division of the budget may direct the
commissioner of health to distribute enhanced federal medical assistance
percentage payments, as described in subsections (y) and (z) of section
1905 of the federal social security act, to social services districts
only in such amounts as is necessary to ensure that such districts, in
the aggregate, do not pay a greater percentage of the non-federal share
of expenditures under the state's plan for medical assistance, main-
tained pursuant to section 363-a of the social services law, as compared
to the percentage paid by such districts during the calendar year of
2009.
§ 2. 1. Each year beginning calendar year 2020, each social services
district ("district") shall certify to the department of health, in a
manner to be determined by the department of health in consultation with
the director of the division of the budget, whether such district has
adopted a budget with respect to such district's fiscal year that begins
on January first of the then current calendar year that does not exceed
the tax levy limit established pursuant to section 3-c of the general
municipal law or, for the City of New York, shall certify that the most
recently adopted budget for such city does not exceed the tax levy limit
that would have applied to such budget had the provisions of section 3-c
of the general municipal law applied to such city; provided, however,
that for the purposes of this subdivision, such tax levy limit shall be
determined by substituting equivalent local expenditures for the exclu-
sions provided by subparagraphs (ii), (iii) and (iv) of paragraph (g) of
subdivision 2 of such section.
2. (a) Districts other than the City of New York shall make the annual
certification required by subdivision one of this section by April 20,
2020, and for years beginning 2021 and thereafter, by January fifteenth
of such year.
(b) The City of New York shall make the annual certification required
by subdivision one of this section by July fifteenth of each year.
3. For each district that does not certify that such district has
limited the increase in real property taxes IN ACCORDANCE WITH SUBDIVI-
SION ONE OF THIS SECTION [by the real property tax cap] by the date
specified in subdivision two of this section, the department of health
shall calculate the savings in medical assistance expenditures that such
district realized, or would have realized, for the district's prior
fiscal year as a result of application of section 1 of part C of chapter
58 of the laws of 2005, as amended by section 1 of part F of chapter 56
of the laws of 2012 and any subsequent amendments thereto ("medicaid
local share cap"). Notwithstanding section 1 of part C of chapter 58 of
the laws of 2005, as amended, such district's actual savings during the
district's then current fiscal year shall be limited to the savings
S. 7507--A 134 A. 9507--A
calculated in the manner prescribed in this subdivision, LESS ANY REMIT-
TANCES IMPOSED BY APPLICATION OF THIS SUBDIVISION IN PRIOR FISCAL YEARS,
PROVIDED THAT EACH IMPOSITION OF A REMITTANCE PURSUANT TO THIS SUBDIVI-
SION SHALL BE DEDUCTED ONLY ONCE [for each year that the district does
not limit the increase in real property taxes by the real property tax
cap pursuant to subdivision two of this section] ("limited local share
savings"). The district shall be liable for and remit to the state the
difference between the district's limited local share savings and the
savings that the district would have realized as a result of application
of the medicaid local share cap, pursuant to a schedule determined by
the commissioner of health in consultation with the director of the
division of the budget. FURTHER, THE AMOUNT OF ANY REMITTANCES IMPOSED
BY APPLICATION OF THIS SUBDIVISION SHALL BE OWED TO THE STATE IN EVERY
SUBSEQUENT FISCAL YEAR, REGARDLESS WHETHER THE DISTRICT CERTIFIES THAT
IT HAS LIMITED THE INCREASE IN REAL PROPERTY TAXES IN ACCORDANCE WITH
SUBDIVISION ONE OF THIS SECTION BY THE DATE SPECIFIED IN SUBDIVISION TWO
OF THIS SECTION, PROVIDED THAT EACH IMPOSITION OF A REMITTANCE PURSUANT
TO THIS SUBDIVISION SHALL BE APPLIED ONLY ONCE. [provided] PROVIDED,
however, that the commissioner of health may, in consultation with the
director of the division of the budget, reduce [such] ANY liability
IMPOSED PURSUANT TO THIS SUBDIVISION to the extent necessary to achieve
compliance with section 1905 of the federal social security act or any
other legal requirements imposed on the subject matter hereof. Such
remittances shall be separate from, and shall not affect or be affected
by, any voluntary local share contributions made by any district,
including the City of New York.
4. The director of the division of the budget may grant a waiver to
any district that does not provide the certification required pursuant
to subdivision two of this section upon a showing by such district of
financial hardship in a form and manner prescribed by the division of
the budget. In evaluating an application for a financial hardship waiv-
er, the director of the division of the budget shall consider changes in
state or federal aid payments and other extraordinary costs, including
the occurrence of a disaster as defined in paragraph a of subdivision
two of section twenty of the executive law, repair and maintenance of
infrastructure, annual growth of tax receipts, including personal
income, business, and other taxes, prepayment of debt service and other
expenses or such other factors that such director may determine.
§ 3. Section 363-c of the social services law is amended by adding new
subdivisions 4, 5 and 6 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
MANAGE AND OVERSEE THE MEDICAID PROGRAM.
5. FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
TY-ONE AND EVERY STATE FISCAL YEAR THEREAFTER, NOTWITHSTANDING THE
PROVISIONS OF SECTION THREE HUNDRED SIXTY-EIGHT-A OF THIS TITLE, AND
NOTWITHSTANDING SECTION ONE OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS
OF TWO THOUSAND FIVE, AS AMENDED BY SECTION ONE OF PART F OF CHAPTER
FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE, AND ANY SUBSEQUENT AMEND-
MENTS THERETO, IF THE TOTAL PERCENTAGE INCREASE IN MEDICAID LOCAL SPEND-
S. 7507--A 135 A. 9507--A
ING, MEANING THE AMOUNT THAT THE DEPARTMENT OF HEALTH REIMBURSED ANY
SOCIAL SERVICES DISTRICT DURING THE PRIOR STATE FISCAL YEAR FOR EXPENDI-
TURES MADE BY OR ON BEHALF OF SUCH SOCIAL SERVICES DISTRICT FOR MEDICAL
ASSISTANCE FOR NEEDY PERSONS, RELATIVE TO SUCH AMOUNT PAID IN THE STATE
FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWENTY ("MEDICAID LOCAL
SPENDING GROWTH RATE"), EXCEEDS THE TOTAL PERCENTAGE INCREASE IN THE
YEAR TO YEAR RATE OF GROWTH OF DEPARTMENT OF HEALTH STATE FUNDS MEDICAID
SPENDING, AS ESTABLISHED BY SECTION 91 OF PART H OF CHAPTER 59 OF THE
LAWS OF 2011, AND AS SUBSEQUENTLY AMENDED, OVER THE SAME TIME PERIOD
("MEDICAID GLOBAL CAP GROWTH RATE") THE SOCIAL SERVICES DISTRICT SHALL
BE LIABLE FOR AND REMIT TO THE STATE ONE HUNDRED PERCENT OF THE AMOUNT
OF MEDICAID LOCAL SPENDING MULTIPLIED BY THE DIFFERENCE IN THE MEDICAID
GLOBAL CAP GROWTH RATE AND THE MEDICAID LOCAL SPENDING GROWTH RATE
PURSUANT TO A SCHEDULE DETERMINED BY THE COMMISSIONER OF HEALTH IN
CONSULTATION WITH THE DIRECTOR OF THE DIVISION OF BUDGET. SUCH REMIT-
TANCES SHALL NOT BE CONSIDERED WHEN DETERMINING A DISTRICT'S MEDICAID
LOCAL SPENDING GROWTH IN SUBSEQUENT FISCAL YEARS. PROVIDED, HOWEVER,
THAT THIS SUBDIVISION SHALL NOT APPLY ONLY TO THE EXTENT THAT IT
CONFLICTS WITH OR WOULD ACHIEVE LESS SAVINGS TO THE STATE THAN THE
APPLICATION OF SUBDIVISION ONE OF SECTION ONE OF PART R OF A CHAPTER OF
THE LAWS OF 2020, CONCERNING DISTRIBUTION OF ENHANCED FEDERAL MEDICAL
ASSISTANCE PERCENTAGE PAYMENTS, AS PROPOSED IN LEGISLATIVE BILL NUMBERS
S.7507-A AND A.9507-A.
6. FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND TWEN-
TY-ONE AND EVERY STATE FISCAL YEAR THEREAFTER, NOTWITHSTANDING THE
PROVISIONS OF SECTION THREE HUNDRED SIXTY-EIGHT-A OF THIS TITLE, AND
NOTWITHSTANDING SECTION ONE OF PART C OF CHAPTER FIFTY-EIGHT OF THE LAWS
OF TWO THOUSAND FIVE, AS AMENDED BY SECTION ONE OF PART F OF CHAPTER
FIFTY-SIX OF THE LAWS OF TWO THOUSAND TWELVE, AND ANY SUBSEQUENT AMEND-
MENTS THERETO, IF A SOCIAL SERVICES DISTRICT'S MEDICAID LOCAL SPENDING
GROWTH RATE IS LESS THAN THE MEDICAID GLOBAL CAP GROWTH RATE, BOTH TERMS
AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION, THE STATE SHALL REMIT TO
THE SOCIAL SERVICES DISTRICT TWENTY-FIVE PERCENT OF THE AMOUNT OF
MEDICAL LOCAL SPENDING, AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION,
MULTIPLIED BY THE DIFFERENCE IN THE MEDICAID GLOBAL CAP GROWTH RATE AND
THE MEDICAID LOCAL SPENDING GROWTH RATE, PURSUANT TO A SCHEDULE DETER-
MINED BY THE COMMISSIONER OF HEALTH IN CONSULTATION WITH THE DIRECTOR OF
THE DIVISION OF BUDGET. SUCH REMITTANCES SHALL NOT BE CONSIDERED WHEN
DETERMINING A DISTRICT'S MEDICAID LOCAL SPENDING GROWTH IN SUBSEQUENT
FISCAL YEARS.
§ 4. 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 S
Section 1. Subdivision 7 of section 2802 of the public health law is
amended by adding a new paragraph (b-1) to read as follows:
(B-1) AT SUCH TIME AS THE COMMISSIONER'S WRITTEN CONTINGENT APPROVAL
IS GRANTED, OR WRITTEN APPROVAL IN INSTANCES WHERE NO CONTINGENCIES WERE
APPLIED TO SUCH APPROVAL, EACH APPLICANT SHALL PAY AN ADDITIONAL
SURCHARGE EQUAL TO THREE PERCENT OF THE TOTAL CAPITAL VALUE OF THE
APPLICATION.
§ 2. Paragraph (d) of subdivision 7 of section 2802 of the public
health law, as amended by section 87 of part C of chapter 58 of the laws
of 2009, is amended and a new paragraph (e) is added to read as follows:
S. 7507--A 136 A. 9507--A
(d) (I) The fees and charges [paid by an applicant pursuant to]
IMPOSED BY this subdivision [for any application for construction of a
hospital approved in accordance with this section shall be deemed allow-
able capital costs in the determination of reimbursement rates estab-
lished pursuant to this article. The cost of such fees and charges shall
not be subject to reimbursement ceiling or other penalties used by the
commissioner for the purpose of establishing reimbursement rates pursu-
ant to this article.] SHALL NOT APPLY TO ANY APPLICATION FOR WHICH ALL
DEVELOPMENT, DESIGN, AND CONSTRUCTION COSTS ARE BEING SOLELY FUNDED BY
STATE GRANTS OF ANY KIND, EXCEPT THAT SUCH FEES AND CHARGES MAY BE
IMPOSED IN SUCH CIRCUMSTANCES UNDER CRITERIA THAT MAY BE ADOPTED IN
REGULATION BY THE COMMISSIONER, WITH THE APPROVAL OF THE DIRECTOR OF THE
BUDGET.
(II) THE COMMISSIONER, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDG-
ET, IS AUTHORIZED TO EXEMPT CERTAIN APPLICATIONS, THAT MEET CRITERIA
ESTABLISHED BY THE COMMISSIONER IN REGULATION, FROM THE SURCHARGE
IMPOSED BY PARAGRAPH (B-1) OF THIS SUBDIVISION.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
FEES AND CHARGES PAID BY AN APPLICANT PURSUANT TO THIS SUBDIVISION SHALL
NOT BE ELIGIBLE FOR REIMBURSEMENT BY THE STATE, INCLUDING THE STATE
MEDICAID PROGRAM.
(F) All fees pursuant to this section shall be payable to the depart-
ment [of health] for deposit into the special revenue funds - other,
miscellaneous special revenue fund - 339, certificate of need account.
§ 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.
PART T
Section 1. Section 40 of chapter 266 of the laws of 1986, amending
the civil practice law and rules and other laws relating to malpractice
and professional medical conduct, as amended by section 4 of part F of
chapter 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
S. 7507--A 137 A. 9507--A
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,
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.
§ 2. 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 relating 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
S. 7507--A 138 A. 9507--A
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.
§ 3. 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 U
Section 1. The insurance law is amended by adding a new article 29 to
read as follows:
ARTICLE 29
PHARMACY BENEFIT MANAGERS
SECTION 2901. DEFINITIONS.
2902. ACTING WITHOUT A REGISTRATION.
2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS.
2905. ACTING WITHOUT A LICENSE.
2906. LICENSING OF A PHARMACY BENEFIT MANAGER.
2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
PHARMACY BENEFIT MANAGER.
2908. PENALTIES FOR VIOLATIONS.
2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION.
2910. REVOKED REGISTRATIONS OR LICENSES.
2911. CHANGE OF ADDRESS.
2912. DUTIES.
2913. APPLICABILITY OF OTHER LAWS.
2914. ASSESSMENTS.
§ 2901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
(A) "HEALTH PLAN" MEANS AN INSURANCE COMPANY THAT IS AN AUTHORIZED
INSURER UNDER THIS CHAPTER, A COMPANY ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN
ESTABLISHED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, AN ENTITY
CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW
INCLUDING THOSE PROVIDING SERVICES PURSUANT TO TITLE ELEVEN OF ARTICLE
FIVE OF THE SOCIAL SERVICES LAW, AN INSTITUTION OF HIGHER EDUCATION
CERTIFIED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF
THIS CHAPTER, THE STATE INSURANCE FUND, AND THE NEW YORK STATE HEALTH
INSURANCE PLAN ESTABLISHED UNDER ARTICLE ELEVEN OF THE CIVIL SERVICE
LAW.
(B) "PHARMACY BENEFIT MANAGEMENT SERVICES" MEANS THE MANAGEMENT OR
ADMINISTRATION OF PRESCRIPTION DRUG BENEFITS PURSUANT TO A CONTRACT WITH
A HEALTH PLAN, DIRECTLY OR THROUGH ANOTHER ENTITY, AND REGARDLESS OF
WHETHER THE PHARMACY BENEFIT MANAGER AND THE HEALTH PLAN ARE RELATED, OR
ASSOCIATED BY OWNERSHIP, COMMON OWNERSHIP, ORGANIZATION OR OTHERWISE;
S. 7507--A 139 A. 9507--A
INCLUDING THE PROCUREMENT OF PRESCRIPTION DRUGS TO BE DISPENSED TO
PATIENTS, OR THE ADMINISTRATION OR MANAGEMENT OF PRESCRIPTION DRUG BENE-
FITS, INCLUDING BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
(1) MAIL SERVICE PHARMACY;
(2) CLAIMS PROCESSING, RETAIL NETWORK MANAGEMENT, OR PAYMENT OF CLAIMS
TO PHARMACIES FOR DISPENSING PRESCRIPTION DRUGS;
(3) CLINICAL OR OTHER FORMULARY OR PREFERRED DRUG LIST DEVELOPMENT OR
MANAGEMENT;
(4) NEGOTIATION OR ADMINISTRATION OF REBATES, DISCOUNTS, PAYMENT
DIFFERENTIALS, OR OTHER INCENTIVES, FOR THE INCLUSION OF PARTICULAR
PRESCRIPTION DRUGS IN A PARTICULAR CATEGORY OR TO PROMOTE THE PURCHASE
OF PARTICULAR PRESCRIPTION DRUGS;
(5) PATIENT COMPLIANCE, THERAPEUTIC INTERVENTION, OR GENERIC SUBSTI-
TUTION PROGRAMS;
(6) DISEASE MANAGEMENT;
(7) DRUG UTILIZATION REVIEW OR PRIOR AUTHORIZATION;
(8) ADJUDICATION OF APPEALS OR GRIEVANCES RELATED TO PRESCRIPTION DRUG
COVERAGE;
(9) CONTRACTING WITH NETWORK PHARMACIES; AND
(10) CONTROLLING THE COST OF COVERED PRESCRIPTION DRUGS.
(C) "PHARMACY BENEFIT MANAGER" MEANS ANY ENTITY, INCLUDING A WHOLLY
OWNED OR PARTIALLY OWNED OR CONTROLLED SUBSIDIARY OF A PHARMACY BENEFITS
MANAGER, THAT CONTRACTS TO PROVIDE PHARMACY BENEFIT MANAGEMENT SERVICES
ON BEHALF OF A HEALTH PLAN.
(D) "CONTROLLING PERSON" MEANS ANY PERSON OR OTHER ENTITY WHO OR WHICH
DIRECTLY OR INDIRECTLY HAS THE POWER TO DIRECT OR CAUSE TO BE DIRECTED
THE MANAGEMENT, CONTROL OR ACTIVITIES OF A PHARMACY BENEFIT MANAGER.
(E) "COVERED INDIVIDUAL" MEANS A MEMBER, PARTICIPANT, ENROLLEE,
CONTRACT HOLDER OR POLICY HOLDER OR BENEFICIARY OF A HEALTH PLAN.
§ 2902. ACTING WITHOUT A REGISTRATION. (A) NO PERSON, FIRM, ASSOCI-
ATION, CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER
ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY AND PRIOR TO JANUARY FIRST,
TWO THOUSAND TWENTY-TWO, WITHOUT HAVING A VALID REGISTRATION AS A PHAR-
MACY BENEFIT MANAGER FILED WITH THE SUPERINTENDENT IN ACCORDANCE WITH
THIS ARTICLE AND ANY REGULATIONS PROMULGATED THEREUNDER.
(B) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE LIABLE FOR RESTITUTION TO ANY HEALTH PLAN, PHARMACY, OR
COVERED INDIVIDUAL HARMED BY THE VIOLATION AND SHALL ALSO BE SUBJECT TO
A PENALTY NOT EXCEEDING THE GREATER OF: (1) ONE THOUSAND DOLLARS FOR THE
FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUBSE-
QUENT VIOLATION; OR (2) THE AGGREGATE ECONOMIC GROSS RECEIPTS ATTRIBUT-
ABLE TO ALL VIOLATIONS.
§ 2903. REGISTRATION REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS. (A)
EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT MANAGEMENT
SERVICES ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY AND PRIOR TO JANU-
ARY FIRST, TWO THOUSAND TWENTY-TWO SHALL REGISTER WITH THE SUPERINTEN-
DENT IN A MANNER ACCEPTABLE TO THE SUPERINTENDENT AND SHALL PAY A FEE OF
ONE THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH THE
REGISTRATION SHALL BE VALID. THE SUPERINTENDENT SHALL REQUIRE THAT THE
PHARMACY BENEFIT MANAGER DISCLOSE ITS OFFICER OR OFFICERS AND DIRECTOR
OR DIRECTORS WHO ARE RESPONSIBLE FOR THE BUSINESS ENTITY'S COMPLIANCE
WITH THE FINANCIAL SERVICES AND INSURANCE LAWS, RULES AND REGULATIONS OF
THIS STATE. THE REGISTRATION SHALL DETAIL THE LOCATIONS FROM WHICH IT
PROVIDES SERVICES, AND A LISTING OF ANY ENTITIES WITH WHICH IT HAS
CONTRACTS IN NEW YORK STATE. THE SUPERINTENDENT CAN REJECT A REGISTRA-
S. 7507--A 140 A. 9507--A
TION APPLICATION FILED BY A PHARMACY BENEFIT MANAGER THAT FAILS TO
COMPLY WITH THE MINIMUM REGISTRATION STANDARDS.
(B) FOR EACH BUSINESS ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR
DIRECTORS NAMED IN THE APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR
THE BUSINESS ENTITY'S COMPLIANCE WITH THE FINANCIAL SERVICES AND INSUR-
ANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
(C) EVERY REGISTRATION WILL EXPIRE ON DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-ONE REGARDLESS OF WHEN REGISTRATION WAS FIRST MADE.
(D) EVERY PHARMACY BENEFIT MANAGER THAT PERFORMS PHARMACY BENEFIT
MANAGEMENT SERVICES AT ANY TIME PRIOR TO JUNE FIRST, TWO THOUSAND TWEN-
TY, SHALL MAKE THE REGISTRATION AND FEE PAYMENT REQUIRED BY SUBSECTION
(A) OF THIS SECTION ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY. ANY
OTHER PHARMACY BENEFIT MANAGER SHALL MAKE THE REGISTRATION AND FEE
PAYMENT REQUIRED BY SUBSECTION (A) OF THIS SECTION PRIOR TO PERFORMING
PHARMACY BENEFIT MANAGEMENT SERVICES.
(E) REGISTRANTS UNDER THIS SECTION SHALL BE SUBJECT TO EXAMINATION BY
THE SUPERINTENDENT AS OFTEN AS THE SUPERINTENDENT MAY DEEM IT NECESSARY.
THE SUPERINTENDENT MAY PROMULGATE REGULATIONS ESTABLISHING METHODS AND
PROCEDURES FOR FACILITATING AND VERIFYING COMPLIANCE WITH THE REQUIRE-
MENTS OF THIS ARTICLE AND SUCH OTHER REGULATIONS AS NECESSARY TO ENFORCE
THE PROVISIONS OF THIS ARTICLE.
§ 2904. REPORTING REQUIREMENTS FOR PHARMACY BENEFIT MANAGERS. (A)(1)
ON OR BEFORE JULY FIRST OF EACH YEAR, BEGINNING IN TWO THOUSAND TWENTY-
ONE, EVERY PHARMACY BENEFIT MANAGER SHALL REPORT TO THE SUPERINTENDENT,
IN A STATEMENT SUBSCRIBED AND AFFIRMED AS TRUE UNDER PENALTIES OF PERJU-
RY, THE INFORMATION REQUESTED BY THE SUPERINTENDENT INCLUDING, WITHOUT
LIMITATION:
(I) ANY PRICING DISCOUNTS, REBATES OF ANY KIND, INFLATIONARY PAYMENTS,
CREDITS, CLAWBACKS, FEES, GRANTS, CHARGEBACKS, REIMBURSEMENTS, OTHER
FINANCIAL OR OTHER REIMBURSEMENTS, INCENTIVES, INDUCEMENTS, REFUNDS OR
OTHER BENEFITS RECEIVED BY THE PHARMACY BENEFIT MANAGER; AND
(II) THE TERMS AND CONDITIONS OF ANY CONTRACT OR ARRANGEMENT, INCLUD-
ING OTHER FINANCIAL OR OTHER REIMBURSEMENTS INCENTIVES, INDUCEMENTS OR
REFUNDS BETWEEN THE PHARMACY BENEFIT MANAGER AND ANY OTHER PARTY RELAT-
ING TO PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO A HEALTH PLAN
INCLUDING BUT NOT LIMITED TO, DISPENSING FEES PAID TO PHARMACIES.
(2) THE SUPERINTENDENT MAY REQUIRE THE FILING OF QUARTERLY OR OTHER
STATEMENTS, WHICH SHALL BE IN SUCH FORM AND SHALL CONTAIN SUCH MATTERS
AS THE SUPERINTENDENT SHALL PRESCRIBE.
(3) THE SUPERINTENDENT MAY ADDRESS TO ANY PHARMACY BENEFIT MANAGER OR
ITS OFFICERS ANY INQUIRY IN RELATION TO ITS PROVISION OF PHARMACY BENE-
FIT MANAGEMENT SERVICES OR ANY MATTER CONNECTED THEREWITH. EVERY PHARMA-
CY BENEFIT MANAGER OR PERSON SO ADDRESSED SHALL REPLY IN WRITING TO SUCH
INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH REPLY SHALL BE, IF REQUIRED BY
THE SUPERINTENDENT, SUBSCRIBED BY SUCH INDIVIDUAL, OR BY SUCH OFFICER OR
OFFICERS OF THE PHARMACY BENEFIT MANAGER, AS THE SUPERINTENDENT SHALL
DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE PENALTIES OF PERJURY.
(B) IN THE EVENT ANY PHARMACY BENEFIT MANAGER OR PERSON DOES NOT
SUBMIT A REPORT REQUIRED BY PARAGRAPHS ONE OR TWO OF SUBSECTION (A) OF
THIS SECTION OR DOES NOT PROVIDE A GOOD FAITH RESPONSE TO AN INQUIRY
FROM THE SUPERINTENDENT PURSUANT TO PARAGRAPH THREE OF SUBSECTION (A) OF
THIS SECTION WITHIN A TIME PERIOD SPECIFIED BY THE SUPERINTENDENT OF NOT
LESS THAN FIFTEEN BUSINESS DAYS, THE SUPERINTENDENT IS AUTHORIZED TO
LEVY A CIVIL PENALTY, AFTER NOTICE AND HEARING, AGAINST SUCH PHARMACY
BENEFIT MANAGER OR PERSON NOT TO EXCEED ONE THOUSAND DOLLARS PER DAY FOR
S. 7507--A 141 A. 9507--A
EACH DAY BEYOND THE DATE THE REPORT IS DUE OR THE DATE SPECIFIED BY THE
SUPERINTENDENT FOR RESPONSE TO THE INQUIRY.
(C) ALL DOCUMENTS, MATERIALS, OR OTHER INFORMATION DISCLOSED BY A
PHARMACY BENEFIT MANAGER UNDER THIS SECTION WHICH IS IN THE CONTROL OR
POSSESSION OF THE SUPERINTENDENT SHALL BE DEEMED CONFIDENTIAL, SHALL NOT
BE DISCLOSED, EITHER PURSUANT TO FREEDOM OF INFORMATION REQUESTS OR
SUBPOENA, AND FURTHER SHALL NOT BE SUBJECT TO DISCOVERY OR ADMISSIBLE IN
EVIDENCE IN ANY PRIVATE CIVIL ACTION.
§ 2905. ACTING WITHOUT A LICENSE. (A) NO PERSON, FIRM, ASSOCIATION,
CORPORATION OR OTHER ENTITY MAY ACT AS A PHARMACY BENEFIT MANAGER ON OR
AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO WITHOUT HAVING AUTHORITY TO
DO SO BY VIRTUE OF A LICENSE ISSUED IN FORCE PURSUANT TO THE PROVISIONS
OF THIS ARTICLE.
(B) ANY PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY THAT
VIOLATES THIS SECTION SHALL, IN ADDITION TO ANY OTHER PENALTY PROVIDED
BY LAW, BE SUBJECT TO A PENALTY NOT EXCEEDING THE GREATER OF (1) ONE
THOUSAND DOLLARS FOR THE FIRST VIOLATION AND TWO THOUSAND FIVE HUNDRED
DOLLARS FOR EACH SUBSEQUENT VIOLATION OR (2) THE AGGREGATE ECONOMIC
GROSS RECEIPTS ATTRIBUTABLE TO ALL VIOLATIONS.
§ 2906. LICENSING OF A PHARMACY BENEFIT MANAGER. (A) THE SUPERINTEN-
DENT MAY ISSUE A PHARMACY BENEFIT MANAGER'S LICENSE TO ANY PERSON, FIRM,
ASSOCIATION OR CORPORATION WHO OR THAT HAS COMPLIED WITH THE REQUIRE-
MENTS OF THIS ARTICLE, INCLUDING REGULATIONS PROMULGATED BY THE SUPER-
INTENDENT. THE SUPERINTENDENT, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH, MAY ESTABLISH, BY REGULATION, MINIMUM STANDARDS FOR THE ISSUANCE
OF A LICENSE TO A PHARMACY BENEFIT MANAGER.
(B) THE MINIMUM STANDARDS ESTABLISHED UNDER THIS SECTION SHALL TAKE
THE FORM OF A CODE OF CONDUCT WHICH MAY ADDRESS, WITHOUT LIMITATION:
(1) PROHIBITIONS ON CONFLICTS OF INTEREST BETWEEN PHARMACY BENEFIT
MANAGERS AND HEALTH PLANS;
(2) PROHIBITIONS ON DECEPTIVE PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
(3) PROHIBITIONS ON ANTI-COMPETITIVE PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
(4) PROHIBITIONS ON PRICING MODELS INCLUDING SPREAD PRICING;
(5) PROHIBITIONS ON UNFAIR CLAIMS PRACTICES IN CONNECTION WITH THE
PERFORMANCE OF PHARMACY BENEFIT MANAGEMENT SERVICES;
(6) CODIFICATION OF STANDARDS AND PRACTICES IN THE CREATION OF PHARMA-
CY NETWORKS AND CONTRACTING WITH NETWORK PHARMACIES AND OTHER PROVIDERS;
AND
(7) BEST PRACTICES FOR PROTECTION OF CONSUMERS.
(C) THE SUPERINTENDENT MAY REQUIRE ANY OR ALL OF THE MEMBERS, OFFI-
CERS, DIRECTORS, OR DESIGNATED EMPLOYEES OF THE APPLICANT TO BE NAMED IN
THE APPLICATION FOR A LICENSE UNDER THIS ARTICLE. FOR EACH BUSINESS
ENTITY, THE OFFICER OR OFFICERS AND DIRECTOR OR DIRECTORS NAMED IN THE
APPLICATION SHALL BE DESIGNATED RESPONSIBLE FOR THE BUSINESS ENTITY'S
COMPLIANCE WITH THE INSURANCE LAWS, RULES AND REGULATIONS OF THIS STATE.
(D)(1) BEFORE A PHARMACY BENEFIT MANAGER'S LICENSE SHALL BE ISSUED OR
RENEWED, THE PROSPECTIVE LICENSEE SHALL PROPERLY FILE IN THE OFFICE OF
THE SUPERINTENDENT A WRITTEN APPLICATION THEREFOR IN SUCH FORM OR FORMS
AND SUPPLEMENTS THERETO AS THE SUPERINTENDENT PRESCRIBES, AND PAY A FEE
OF TWO THOUSAND DOLLARS FOR EACH YEAR OR FRACTION OF A YEAR IN WHICH A
LICENSE SHALL BE VALID.
(2) EVERY PHARMACY BENEFIT MANAGER'S LICENSE SHALL EXPIRE THIRTY-SIX
MONTHS AFTER THE DATE OF ISSUE. EVERY LICENSE ISSUED PURSUANT TO THIS
S. 7507--A 142 A. 9507--A
SECTION MAY BE RENEWED FOR THE ENSUING PERIOD OF THIRTY-SIX MONTHS UPON
THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
(E) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT AT LEAST TWO MONTHS BEFORE ITS EXPIRATION, THEN THE
LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND GIVEN NOTICE OF SUCH REFUSAL
TO THE APPLICANT.
(F) THE SUPERINTENDENT MAY REFUSE TO ISSUE A PHARMACY BENEFIT MANAG-
ER'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE APPLICANT OR ANY
MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT, IS NOT TRUST-
WORTHY AND COMPETENT TO ACT AS OR IN CONNECTION WITH A PHARMACY BENEFIT
MANAGER, OR THAT ANY OF THE FOREGOING HAS GIVEN CAUSE FOR REVOCATION OR
SUSPENSION OF SUCH LICENSE, OR HAS FAILED TO COMPLY WITH ANY PREREQUI-
SITE FOR THE ISSUANCE OF SUCH LICENSE. AS A PART OF SUCH DETERMINATION,
THE SUPERINTENDENT IS AUTHORIZED TO FINGERPRINT APPLICANTS OR ANY
MEMBER, PRINCIPAL, OFFICER OR DIRECTOR OF THE APPLICANT FOR LICENSURE.
SUCH FINGERPRINTS SHALL BE SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES FOR A STATE CRIMINAL HISTORY RECORD CHECK, AS DEFINED IN SUBDI-
VISION ONE OF SECTION THREE THOUSAND THIRTY-FIVE OF THE EDUCATION LAW,
AND MAY BE SUBMITTED TO THE FEDERAL BUREAU OF INVESTIGATION FOR A
NATIONAL CRIMINAL HISTORY RECORD CHECK.
(G) LICENSEES AND APPLICANTS FOR A LICENSE UNDER THIS SECTION SHALL BE
SUBJECT TO EXAMINATION BY THE SUPERINTENDENT AS OFTEN AS THE SUPERINTEN-
DENT MAY DEEM IT EXPEDIENT. THE SUPERINTENDENT MAY PROMULGATE REGU-
LATIONS ESTABLISHING METHODS AND PROCEDURES FOR FACILITATING AND VERIFY-
ING COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION AND SUCH OTHER
REGULATIONS AS NECESSARY.
(H) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT FOR A CURRENTLY
IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE THE REPLACEMENT
LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE OFFICE OF THE
SUPERINTENDENT A WRITTEN APPLICATION FOR THE REPLACEMENT LICENSE,
AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE HAS BEEN
LOST OR DESTROYED, TOGETHER WITH A FEE OF TWO HUNDRED DOLLARS.
(I) NO PHARMACY BENEFIT MANAGER SHALL ENGAGE IN ANY PRACTICE OR ACTION
THAT A HEALTH PLAN IS PROHIBITED FROM ENGAGING IN PURSUANT TO THIS CHAP-
TER.
§ 2907. REVOCATION OR SUSPENSION OF A REGISTRATION OR LICENSE OF A
PHARMACY BENEFIT MANAGER. (A) THE SUPERINTENDENT MAY REFUSE TO RENEW,
MAY REVOKE, OR MAY SUSPEND FOR A PERIOD THE SUPERINTENDENT DETERMINES
THE REGISTRATION OR LICENSE OF ANY PHARMACY BENEFIT MANAGER IF, THE
SUPERINTENDENT DETERMINES THAT THE REGISTRANT OR LICENSEE OR ANY MEMBER,
PRINCIPAL, OFFICER, DIRECTOR, OR CONTROLLING PERSON OF THE REGISTRANT OR
LICENSEE, HAS:
(1) VIOLATED ANY INSURANCE LAWS, SECTION TWO HUNDRED EIGHTY-A OR TWO
HUNDRED EIGHTY-C OF THE PUBLIC HEALTH LAW OR VIOLATED ANY REGULATION,
SUBPOENA OR ORDER OF THE SUPERINTENDENT OR OF ANOTHER STATE'S INSURANCE
COMMISSIONER, OR HAS VIOLATED ANY LAW IN THE COURSE OF ITS DEALINGS IN
SUCH CAPACITY AFTER SUCH LICENSE HAS BEEN ISSUED OR RENEWED PURSUANT TO
SECTION TWO THOUSAND NINE HUNDRED SIX OF THIS ARTICLE;
(2) PROVIDED MATERIALLY INCORRECT, MATERIALLY MISLEADING, MATERIALLY
INCOMPLETE OR MATERIALLY UNTRUE INFORMATION IN THE REGISTRATION OR
LICENSE APPLICATION;
(3) OBTAINED OR ATTEMPTED TO OBTAIN A REGISTRATION OR LICENSE THROUGH
MISREPRESENTATION OR FRAUD;
S. 7507--A 143 A. 9507--A
(4)(I) USED FRAUDULENT, COERCIVE OR DISHONEST PRACTICES;
(II) DEMONSTRATED INCOMPETENCE;
(III) DEMONSTRATED UNTRUSTWORTHINESS; OR
(IV) DEMONSTRATED FINANCIAL IRRESPONSIBILITY IN THE CONDUCT OF BUSI-
NESS IN THIS STATE OR ELSEWHERE;
(5) IMPROPERLY WITHHELD, MISAPPROPRIATED OR CONVERTED ANY MONIES OR
PROPERTIES RECEIVED IN THE COURSE OF BUSINESS IN THIS STATE OR ELSE-
WHERE;
(6) INTENTIONALLY MISREPRESENTED THE TERMS OF AN ACTUAL OR PROPOSED
INSURANCE CONTRACT;
(7) ADMITTED OR BEEN FOUND TO HAVE COMMITTED ANY INSURANCE UNFAIR
TRADE PRACTICE OR FRAUD;
(8) HAD A PHARMACY BENEFIT MANAGER REGISTRATION OR LICENSE, OR ITS
EQUIVALENT, DENIED, SUSPENDED OR REVOKED IN ANY OTHER STATE, PROVINCE,
DISTRICT OR TERRITORY;
(9) FAILED TO PAY STATE INCOME TAX OR COMPLY WITH ANY ADMINISTRATIVE
OR COURT ORDER DIRECTING PAYMENT OF STATE INCOME TAX;
(10) FAILED TO PAY ANY ASSESSMENT REQUIRED BY THIS ARTICLE; OR
(11) CEASED TO MEET THE REQUIREMENTS FOR REGISTRATION OR LICENSURE
UNDER THIS ARTICLE.
(B) BEFORE REVOKING OR SUSPENDING THE REGISTRATION OR LICENSE OF ANY
PHARMACY BENEFIT MANAGER PURSUANT TO THE PROVISIONS OF THIS ARTICLE, THE
SUPERINTENDENT SHALL GIVE NOTICE TO THE REGISTRANT OR LICENSEE AND SHALL
HOLD, OR CAUSE TO BE HELD, A HEARING NOT LESS THAN TEN DAYS AFTER THE
GIVING OF SUCH NOTICE.
(C) IF A REGISTRATION OR LICENSE PURSUANT TO THE PROVISIONS OF THIS
ARTICLE IS REVOKED OR SUSPENDED BY THE SUPERINTENDENT, THEN THE SUPER-
INTENDENT SHALL FORTHWITH GIVE NOTICE TO THE REGISTRANT OR LICENSEE.
(D) THE REVOCATION OR SUSPENSION OF ANY REGISTRATION OR LICENSE PURSU-
ANT TO THE PROVISIONS OF THIS ARTICLE SHALL TERMINATE FORTHWITH SUCH
REGISTRATION OR LICENSE AND THE AUTHORITY CONFERRED THEREBY UPON ALL
LICENSEES. FOR GOOD CAUSE SHOWN, THE SUPERINTENDENT MAY DELAY THE EFFEC-
TIVE DATE OF A REVOCATION OR SUSPENSION TO PERMIT THE REGISTRANT OR
LICENSEE TO SATISFY SOME OR ALL OF ITS CONTRACTUAL OBLIGATIONS TO
PERFORM PHARMACY BENEFIT MANAGEMENT SERVICES IN THE STATE.
(E)(1) NO INDIVIDUAL, CORPORATION, FIRM OR ASSOCIATION WHOSE REGISTRA-
TION OR LICENSE AS A PHARMACY BENEFIT MANAGER HAS BEEN REVOKED PURSUANT
TO SUBSECTION (A) OF THIS SECTION, AND NO FIRM OR ASSOCIATION OF WHICH
SUCH INDIVIDUAL IS A MEMBER, AND NO CORPORATION OF WHICH SUCH INDIVIDUAL
IS AN OFFICER OR DIRECTOR, AND NO CONTROLLING PERSON OF THE REGISTRANT
OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR LICENSE
UNDER THE PROVISIONS OF THIS ARTICLE FOR A MINIMUM PERIOD OF ONE YEAR
AFTER SUCH REVOCATION, OR, IF SUCH REVOCATION BE JUDICIALLY REVIEWED,
FOR A MINIMUM PERIOD OF ONE YEAR AFTER THE FINAL DETERMINATION THEREOF
AFFIRMING THE ACTION OF THE SUPERINTENDENT IN REVOKING SUCH LICENSE.
(2) IF ANY SUCH REGISTRATION OR LICENSE HELD BY A FIRM, ASSOCIATION OR
CORPORATION BE REVOKED, NO MEMBER OF SUCH FIRM OR ASSOCIATION AND NO
OFFICER OR DIRECTOR OF SUCH CORPORATION OR ANY CONTROLLING PERSON OF THE
REGISTRANT OR LICENSEE SHALL BE ENTITLED TO OBTAIN ANY REGISTRATION OR
LICENSE, UNDER THIS ARTICLE FOR THE SAME PERIOD OF TIME, UNLESS THE
SUPERINTENDENT DETERMINES, AFTER NOTICE AND HEARING, THAT SUCH MEMBER,
OFFICER OR DIRECTOR WAS NOT PERSONALLY AT FAULT IN THE MATTER ON ACCOUNT
OF WHICH SUCH REGISTRATION OR LICENSE WAS REVOKED.
(F) IF ANY CORPORATION, FIRM, ASSOCIATION OR PERSON AGGRIEVED SHALL
FILE WITH THE SUPERINTENDENT A VERIFIED COMPLAINT SETTING FORTH FACTS
TENDING TO SHOW SUFFICIENT GROUND FOR THE REVOCATION OR SUSPENSION OF
S. 7507--A 144 A. 9507--A
ANY PHARMACY BENEFIT MANAGER'S REGISTRATION OR LICENSE, THEN IF THE
SUPERINTENDENT FINDS THE COMPLAINT CREDIBLE, THE SUPERINTENDENT SHALL,
AFTER NOTICE AND A HEARING, DETERMINE WHETHER SUCH REGISTRATION OR
LICENSE SHALL BE SUSPENDED OR REVOKED.
(G) THE SUPERINTENDENT SHALL RETAIN THE AUTHORITY TO ENFORCE THE
PROVISIONS OF AND IMPOSE ANY PENALTY OR REMEDY AUTHORIZED BY THIS CHAP-
TER AGAINST ANY PERSON OR ENTITY WHO IS UNDER INVESTIGATION FOR OR
CHARGED WITH A VIOLATION OF THIS CHAPTER, EVEN IF THE PERSON'S OR ENTI-
TY'S REGISTRATION OR LICENSE HAS BEEN SURRENDERED, OR HAS EXPIRED OR HAS
LAPSED BY OPERATION OF LAW.
(H) A REGISTRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO
THE SUPERINTENDENT ANY ADMINISTRATIVE ACTION TAKEN AGAINST THE REGIS-
TRANT OR LICENSEE OR ANY OF THE MEMBERS, OFFICERS, DIRECTORS, OR DESIG-
NATED EMPLOYEES OF THE APPLICANT NAMED IN THE REGISTRATION OR LICENSING
APPLICATION IN ANOTHER JURISDICTION OR BY ANOTHER GOVERNMENTAL AGENCY IN
THIS STATE WITHIN THIRTY DAYS OF THE FINAL DISPOSITION OF THE MATTER.
THIS REPORT SHALL INCLUDE A COPY OF THE ORDER, CONSENT TO ORDER OR OTHER
RELEVANT LEGAL DOCUMENTS.
(I) WITHIN THIRTY DAYS OF THE INITIAL PRETRIAL HEARING DATE, A REGIS-
TRANT OR LICENSEE SUBJECT TO THIS ARTICLE SHALL REPORT TO THE SUPER-
INTENDENT ANY CRIMINAL PROSECUTION OF THE REGISTRANT OR LICENSEE OR ANY
OF THE MEMBERS, OFFICERS, DIRECTORS, OR DESIGNATED EMPLOYEES OF THE
APPLICANT NAMED IN THE REGISTRATION OR LICENSING APPLICATION TAKEN IN
ANY JURISDICTION. THE REPORT SHALL INCLUDE A COPY OF THE INITIAL
COMPLAINT FILED, THE ORDER RESULTING FROM THE HEARING AND ANY OTHER
RELEVANT LEGAL DOCUMENTS.
§ 2908. PENALTIES FOR VIOLATIONS. (A) IN ADDITION TO ANY OTHER POWER
CONFERRED BY LAW, THE SUPERINTENDENT MAY IN ANY ONE PROCEEDING BY ORDER,
REQUIRE A REGISTRANT OR LICENSEE WHO HAS VIOLATED ANY PROVISION OF THIS
ARTICLE OR WHOSE LICENSE WOULD OTHERWISE BE SUBJECT TO REVOCATION OR
SUSPENSION TO PAY TO THE PEOPLE OF THIS STATE A PENALTY IN A SUM NOT
EXCEEDING THE GREATER OF: (1) ONE THOUSAND DOLLARS FOR EACH OFFENSE AND
TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION; OR (2)
THE AGGREGATE GROSS RECEIPTS ATTRIBUTABLE TO ALL OFFENSES.
(B) UPON THE FAILURE OF SUCH A REGISTRANT OR LICENSEE TO PAY THE
PENALTY ORDERED PURSUANT TO SUBSECTION (A) OF THIS SECTION WITHIN TWENTY
DAYS AFTER THE MAILING OF THE ORDER, POSTAGE PREPAID, REGISTERED, AND
ADDRESSED TO THE LAST KNOWN PLACE OF BUSINESS OF THE LICENSEE, UNLESS
THE ORDER IS STAYED BY AN ORDER OF A COURT OF COMPETENT JURISDICTION,
THE SUPERINTENDENT MAY REVOKE THE REGISTRATION OR LICENSE OF THE REGIS-
TRANT OR LICENSEE OR MAY SUSPEND THE SAME FOR SUCH PERIOD AS THE SUPER-
INTENDENT DETERMINES.
§ 2909. STAY OR SUSPENSION OF SUPERINTENDENT'S DETERMINATION. THE
COMMENCEMENT OF A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES, TO REVIEW THE ACTION OF THE SUPERINTENDENT IN
SUSPENDING OR REVOKING OR REFUSING TO RENEW ANY CERTIFICATE UNDER THIS
ARTICLE, SHALL STAY SUCH ACTION OF THE SUPERINTENDENT FOR A PERIOD OF
THIRTY DAYS. SUCH STAY SHALL NOT BE EXTENDED FOR A LONGER PERIOD UNLESS
THE COURT SHALL DETERMINE, AFTER A PRELIMINARY HEARING OF WHICH THE
SUPERINTENDENT IS NOTIFIED FORTY-EIGHT HOURS IN ADVANCE, THAT A STAY OF
THE SUPERINTENDENT'S ACTION PENDING THE FINAL DETERMINATION OR FURTHER
ORDER OF THE COURT WILL NOT INJURE THE INTERESTS OF THE PEOPLE OF THE
STATE.
§ 2910. REVOKED REGISTRATIONS OR LICENSES. (A)(1) NO PERSON, FIRM,
ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT TO THE PROVISIONS OF
THIS ARTICLE WHOSE REGISTRATION OR LICENSE UNDER THIS ARTICLE HAS BEEN
S. 7507--A 145 A. 9507--A
REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE BUSINESS OF
PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED BY ANY
OTHER STATE OR TERRITORY OF THE UNITED STATES SHALL BECOME EMPLOYED OR
APPOINTED BY A PHARMACY BENEFIT MANAGER AS AN OFFICER, DIRECTOR, MANAG-
ER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE PRIOR WRITTEN
APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE FOR MAINTENANCE
OR ARE CLERICAL OR MINISTERIAL IN NATURE.
(2) NO PERSON, FIRM, ASSOCIATION, CORPORATION OR OTHER ENTITY SUBJECT
TO THE PROVISIONS OF THIS ARTICLE SHALL KNOWINGLY EMPLOY OR APPOINT ANY
PERSON OR ENTITY WHOSE REGISTRATION OR LICENSE ISSUED UNDER THIS ARTICLE
HAS BEEN REVOKED, OR WHOSE REGISTRATION OR LICENSE TO ENGAGE IN THE
BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY CAPACITY HAS BEEN REVOKED
BY ANY OTHER STATE OR TERRITORY OF THE UNITED STATES, AS AN OFFICER,
DIRECTOR, MANAGER, CONTROLLING PERSON OR FOR OTHER SERVICES, WITHOUT THE
PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT, UNLESS SUCH SERVICES ARE
FOR MAINTENANCE OR ARE CLERICAL OR MINISTERIAL IN NATURE.
(3) NO CORPORATION OR PARTNERSHIP SUBJECT TO THE PROVISIONS OF THIS
ARTICLE SHALL KNOWINGLY PERMIT ANY PERSON WHOSE REGISTRATION OR LICENSE
ISSUED UNDER THIS ARTICLE HAS BEEN REVOKED, OR WHOSE REGISTRATION OR
LICENSE TO ENGAGE IN THE BUSINESS OF PHARMACY BENEFIT MANAGEMENT IN ANY
CAPACITY HAS BEEN REVOKED BY ANY OTHER STATE, OR TERRITORY OF THE UNITED
STATES, TO BE A SHAREHOLDER OR HAVE AN INTEREST IN SUCH CORPORATION OR
PARTNERSHIP, NOR SHALL ANY SUCH PERSON BECOME A SHAREHOLDER OR PARTNER
IN SUCH CORPORATION OR PARTNERSHIP, WITHOUT THE PRIOR WRITTEN APPROVAL
OF THE SUPERINTENDENT.
(B) THE SUPERINTENDENT MAY APPROVE THE EMPLOYMENT, APPOINTMENT OR
PARTICIPATION OF ANY SUCH PERSON WHOSE REGISTRATION OR LICENSE HAS BEEN
REVOKED:
(1) IF THE SUPERINTENDENT DETERMINES THAT THE DUTIES AND RESPONSIBIL-
ITIES OF SUCH PERSON ARE SUBJECT TO APPROPRIATE SUPERVISION AND THAT
SUCH DUTIES AND RESPONSIBILITIES WILL NOT HAVE AN ADVERSE EFFECT UPON
THE PUBLIC, OTHER REGISTRANTS OR LICENSEES, OR THE REGISTRANT OR LICEN-
SEE PROPOSING EMPLOYMENT OR APPOINTMENT OF SUCH PERSON; OR
(2) IF SUCH PERSON HAS FILED AN APPLICATION FOR REREGISTRATION OR
RELICENSING PURSUANT TO THIS ARTICLE AND THE APPLICATION FOR REREGISTRA-
TION OR RELICENSING HAS NOT BEEN APPROVED OR DENIED WITHIN ONE HUNDRED
TWENTY DAYS FOLLOWING THE FILING THEREOF, UNLESS THE SUPERINTENDENT
DETERMINES WITHIN THE SAID TIME THAT EMPLOYMENT OR APPOINTMENT OF SUCH
PERSON BY A REGISTRANT OR LICENSEE IN THE CONDUCT OF A PHARMACY BENEFIT
MANAGEMENT BUSINESS WOULD NOT BE IN THE PUBLIC INTEREST.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE OWNERSHIP OF
SHARES OF ANY CORPORATION REGISTERED OR LICENSED PURSUANT TO THIS ARTI-
CLE IF THE SHARES OF SUCH CORPORATION ARE PUBLICLY HELD AND TRADED IN
THE OVER-THE-COUNTER MARKET OR UPON ANY NATIONAL OR REGIONAL SECURITIES
EXCHANGE.
§ 2911. CHANGE OF ADDRESS. A REGISTRANT OR LICENSEE UNDER THIS ARTICLE
SHALL INFORM THE SUPERINTENDENT BY A MEANS ACCEPTABLE TO THE SUPERINTEN-
DENT OF A CHANGE OF ADDRESS WITHIN THIRTY DAYS OF THE CHANGE.
§ 2912. DUTIES. (A) A PHARMACY BENEFIT MANAGER SHALL BE REQUIRED TO
ADHERE TO THE CODE OF CONDUCT, AS THE SUPERINTENDENT MAY ESTABLISH BY
REGULATION PURSUANT TO SECTION TWENTY-NINE HUNDRED SIX OF THIS ARTICLE.
(B) NO CONTRACT WITH A HEALTH PLAN SHALL LIMIT ACCESS TO FINANCIAL OR
UTILIZATION INFORMATION OF THE PHARMACY BENEFIT MANAGER IN RELATION TO
PHARMACY BENEFIT MANAGEMENT SERVICES PROVIDED TO THE HEALTH PLAN.
(C) A PHARMACY BENEFIT MANAGER SHALL DISCLOSE IN WRITING TO A HEALTH
PLAN WITH WHOM A CONTRACT FOR PHARMACY BENEFIT MANAGEMENT SERVICES HAS
S. 7507--A 146 A. 9507--A
BEEN EXECUTED ANY ACTIVITY, POLICY, PRACTICE, CONTRACT OR ARRANGEMENT OF
THE PHARMACY BENEFIT MANAGER THAT DIRECTLY OR INDIRECTLY PRESENTS A
CONFLICT OF INTEREST WITH THE PHARMACY BENEFIT MANAGER'S CONTRACTUAL
RELATIONSHIP WITH, OR DUTIES AND OBLIGATIONS TO, THE HEALTH PLAN.
(D) A PHARMACY BENEFIT MANAGER SHALL ASSIST A HEALTH PLAN IN ANSWERING
ANY INQUIRY MADE UNDER SECTION THREE HUNDRED EIGHT OF THIS CHAPTER.
(E) NO PHARMACY BENEFIT MANAGER SHALL VIOLATE ANY PROVISION OF THE
PUBLIC HEALTH LAW APPLICABLE TO PHARMACY BENEFIT MANAGERS.
(F) (1) ANY INFORMATION REQUIRED TO BE DISCLOSED BY A PHARMACY BENEFIT
MANAGER TO A HEALTH PLAN UNDER THIS SECTION THAT IS DESIGNATED BY THE
PHARMACY BENEFIT MANAGER AS PROPRIETARY OR TRADE SECRET INFORMATION
SHALL BE KEPT CONFIDENTIAL BY THE HEALTH PLAN, EXCEPT AS REQUIRED TO BE
DISCLOSED BY LAW OR COURT ORDER, INCLUDING DISCLOSURE NECESSARY TO PROS-
ECUTE OR DEFEND ANY LEGITIMATE LEGAL CLAIM OR CAUSE OF ACTION.
(2) DESIGNATION AS PROPRIETARY OR TRADE SECRET INFORMATION UNDER THIS
SUBSECTION SHALL HAVE NO EFFECT ON THE OBLIGATIONS OF ANY PHARMACY BENE-
FIT MANAGER OR HEALTH PLAN TO PROVIDE THAT INFORMATION TO THE DEPART-
MENT.
§ 2913. APPLICABILITY OF OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO EXEMPT A PHARMACY BENEFIT MANAGER FROM COMPLYING WITH THE
PROVISIONS OF ARTICLES TWENTY-ONE AND FORTY-NINE OF THIS CHAPTER AND
ARTICLES FORTY-FOUR AND FORTY-NINE AND SECTIONS TWO HUNDRED EIGHTY-A AND
TWO HUNDRED EIGHTY-C OF THE PUBLIC HEALTH LAW, SECTION THREE HUNDRED
SIXTY-FOUR-J OF THE SOCIAL SERVICES LAW, OR ANY OTHER PROVISION OF THIS
CHAPTER OR THE FINANCIAL SERVICES LAW.
§ 2914. ASSESSMENTS. NOTWITHSTANDING SECTION TWO HUNDRED SIX OF THE
FINANCIAL SERVICES LAW, PHARMACY BENEFIT MANAGERS THAT FILE A REGISTRA-
TION WITH THE DEPARTMENT OR ARE LICENSED BY THE DEPARTMENT SHALL BE
ASSESSED BY THE SUPERINTENDENT FOR THE OPERATING EXPENSES OF THE DEPART-
MENT THAT ARE ATTRIBUTABLE TO REGULATING SUCH PHARMACY BENEFIT MANAGERS
IN SUCH PROPORTIONS AS THE SUPERINTENDENT SHALL DEEM JUST AND REASON-
ABLE.
§ 2. Subsection (b) of section 2402 of the insurance law, as amended
by section 71 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
(b) "Defined violation" means the commission by a person of an act
prohibited by: subsection (a) of section one thousand one hundred two,
section one thousand two hundred fourteen, one thousand two hundred
seventeen, one thousand two hundred twenty, one thousand three hundred
thirteen, subparagraph (B) of paragraph two of subsection (i) of section
one thousand three hundred twenty-two, subparagraph (B) of paragraph two
of subsection (i) of section one thousand three hundred twenty-four, two
thousand one hundred two, two thousand one hundred seventeen, two thou-
sand one hundred twenty-two, two thousand one hundred twenty-three,
subsection (p) of section two thousand three hundred thirteen, section
two thousand three hundred twenty-four, two thousand five hundred two,
two thousand five hundred three, two thousand five hundred four, two
thousand six hundred one, two thousand six hundred two, two thousand six
hundred three, two thousand six hundred four, two thousand six hundred
six, two thousand seven hundred three, TWO THOUSAND NINE HUNDRED TWO,
TWO THOUSAND NINE HUNDRED FIVE, three thousand one hundred nine, three
thousand two hundred twenty-four-a, three thousand four hundred twenty-
nine, three thousand four hundred thirty-three, paragraph seven of
subsection (e) of section three thousand four hundred twenty-six, four
thousand two hundred twenty-four, four thousand two hundred twenty-five,
four thousand two hundred twenty-six, seven thousand eight hundred nine,
S. 7507--A 147 A. 9507--A
seven thousand eight hundred ten, seven thousand eight hundred eleven,
seven thousand eight hundred thirteen, seven thousand eight hundred
fourteen and seven thousand eight hundred fifteen of this chapter; or
section 135.60, 135.65, 175.05, 175.45, or 190.20, or article one
hundred five of the penal law.
§ 3. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, or ruled by any feder-
al agency to violate or be inconsistent with any applicable federal law
or regulation, that shall not affect the validity or effectiveness of
any other provision of this act, or of any other application of any
provision of this act.
§ 4. This act shall take effect immediately.
PART V
Section 1. Section 9.51 of the mental hygiene law, as added by chapter
947 of the laws of 1981, subdivision (b) as amended by chapter 465 of
the laws of 1992, subdivision (c) as amended by chapter 230 of the laws
of 2004, the opening paragraph of subdivision (d) as amended by chapter
273 of the laws of 1986, subdivision (f) as amended by chapter 401 of
the laws of 2006, and the closing paragraph of subdivision (g) as
amended by section 66 of part A of chapter 3 of the laws of 2005, is
amended to read as follows:
§ 9.51 Residential treatment facilities for children and youth; admis-
sions.
(a) A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY IS DEVOTED TO THE
PROVISION OF INPATIENT PSYCHIATRIC CARE FOR PERSONS UNDER THE AGE OF
TWENTY-ONE. The director of a residential treatment facility for chil-
dren and youth may receive as a patient a person in need of care and
treatment in such a facility who has been [certified as needing] DETER-
MINED APPROPRIATE FOR such care [by the pre-admission certification
committee serving the facility] and TREATMENT in accordance with STAND-
ARDS AND priorities for admission established by [such committee, as
provided by this section. Subject to the provisions of this section, the
provisions of this article shall apply to admission and retention of
patients to residential treatment facilities for children and youth] THE
OFFICE IN REGULATIONS.
(b) Persons admitted as in-patients to hospitals operated by the
office of mental health upon the application of the [director of the
division for youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES pursuant to section five hundred nine of the executive law or
353.4 of the family court act who are not subject to a restrictive
placement pursuant to section 353.5 of the family court act, may, if
appropriate, and subject to the provisions of subdivision (d) of this
section, be transferred to a residential treatment facility for children
and youth. The [director of the division for youth] COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES shall be notified of any such
transfer. When appropriate, the director of the residential treatment
facility may arrange the return of a patient so transferred to the
hospital or the transfer of a patient to another hospital or, in accord-
ance with subdivision four of section five hundred nine of the executive
law[, to the division for youth] TO THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
(c) The commissioner shall [designate pre-admission certification
committees for defined geographic areas to evaluate each person proposed
for admission or transfer to a residential treatment facility for chil-
S. 7507--A 148 A. 9507--A
dren and youth. When designating persons to serve on pre-admission
certification committees, the commissioners shall assure that the inter-
ests of the people residing in the area to be served by each committee
are represented. Such committees shall include a person designated by
the office of mental health, a person designated by the state commis-
sioner of social services and a person designated by the state commis-
sioner of education. The commissioner of mental health shall consult
with the conference of local mental hygiene directors and the commis-
sioner of social services shall consult with county commissioners of
social services in the area to be served by a committee prior to desig-
nating persons to serve on a committee. The commissioners may designate
persons who are not state employees to serve on pre-admission certif-
ication committees. Membership of pre-admission certification committees
shall be limited to persons licensed in accordance with the education
law to practice medicine, nursing, psychology, or licensed clinical
social work. In the event the persons originally designated to a commit-
tee by the commissioners do not include a physician, the commissioner
shall designate a physician to serve as an additional member of the
committee. Each pre-admission certification committee shall designate
five persons representing local governments, voluntary agencies, parents
and other interested persons who shall serve as an advisory board to the
committee] CONSULT WITH THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHIL-
DREN AND FAMILIES REGARDING THE ESTABLISHMENT OF AN ADVISORY BOARD. THE
ADVISORY BOARD SHALL INCLUDE, AS DEEMED APPROPRIATE BY THE COMMISSIONER
AND THE EXECUTIVE DIRECTOR OF THE COUNCIL ON CHILDREN AND FAMILIES,
REPRESENTATIVES OF THE MEMBERS OF THE COUNCIL ON CHILDREN AND FAMILIES
AS SPECIFIED IN SECTION FOUR HUNDRED EIGHTY-THREE OF THE SOCIAL SERVICES
LAW, LOCAL AGENCY REPRESENTATIVES UNDER THE JURISDICTION OF A MEMBER
AGENCY OF THE COUNCIL ON CHILDREN AND FAMILIES. Such board shall have
the right to visit residential treatment facilities for children and
youth [served by the committee] and shall have the right to review clin-
ical records [obtained by the pre-admission certification committee] and
shall be bound by the confidentiality requirements of section 33.13 of
this chapter.
(d) [All applications] APPLICATIONS for admission or transfer of an
individual to a residential treatment facility for children and youth
[shall be referred to a pre-admission certification committee for] MUST
DOCUMENT THAT THERE HAS BEEN AN evaluation of the needs of the individ-
ual and [certification] A DETERMINATION of the individual's need for
treatment in a residential treatment facility for children and youth[.
Applications shall include an assessment of the individual's psychiat-
ric, medical and social needs prepared in accordance with a uniform
assessment method specified by the regulations of the commissioner. The
committee may at its discretion refer an applicant to a hospital or
other facility operated or licensed by the office for an additional
assessment. In the event of such an additional assessment of the indi-
vidual's needs, the facility conducting the assessment shall attempt to
receive all third party insurance or federal reimbursement available as
payment for the assessment. The state shall pay the balance of the fees
which may be charged by the provider in accordance with applicable
provisions of law. In addition, if necessary, in accordance with section
four thousand five of the education law, the pre-admission certification
committee shall obtain an evaluation of the educational needs of the
child by the committee on special education of the school district of
residence. The pre-admission certification committee shall review all
requests for evaluation and certification within thirty days of receipt
S. 7507--A 149 A. 9507--A
of a complete application and any additional assessments it may require
and, using a uniform assessment method specified by regulation of the
commissioner, evaluate the psychiatric, medical and social needs of the
proposed admittee and certify: (i) the individual's need for services in
a residential treatment facility for children and youth and (ii) the
immediacy of that need, given the availability of such services in the
area and the needs of other children evaluated by the committee and
certified as eligible for admission to a residential treatment facility
for children and youth who have not yet been admitted to such a facili-
ty. A pre-admission certification committee shall not certify an indi-
vidual for admission unless it finds that] AND THE APPROPRIATENESS OF
SUCH TREATMENT. IN THE CASE OF INDIVIDUALS WHO ARE APPLICANTS OR RECIPI-
ENTS OF MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE FIVE OF
THE SOCIAL SERVICES LAW, SUCH DETERMINATION SHALL ALSO INCLUDE CERTIF-
ICATION OF NEED FOR RESIDENTIAL TREATMENT FACILITY SERVICES IN ACCORD-
ANCE WITH THIS SECTION. WHERE CERTIFICATION IS REQUIRED, AN INDIVIDUAL
WILL BE CERTIFIED FOR ADMISSION IF:
(1) Available ambulatory care resources and other residential place-
ments do not meet the treatment needs of the individual;
(2) Proper treatment of the individual's psychiatric condition
requires in-patient care and treatment under the direction of a physi-
cian; and
(3) Care and treatment in a residential treatment facility for chil-
dren and youth can reasonably be expected to improve the individual's
condition or prevent further regression so that services will no longer
be needed, provided that a poor prognosis shall not in itself constitute
grounds for a denial of certification if treatment can be expected to
effect a change in prognosis. [All decisions of the committee to recom-
mend admission or priority of admission shall be based on the unanimous
vote of those present. The decision of the committee shall be reported
to the applicant. In the event a committee evaluates a child who is the
subject of a proceeding currently pending in the family court, the
committee shall report its decision to the family court.] PRIOR TO
ADMISSION AND AS FREQUENTLY AS THE OFFICE OR ITS DESIGNEE DEEMS NECES-
SARY, THE OFFICE OR ITS DESIGNEE MAY EVALUATE THE MEDICAL NECESSITY AND
QUALITY OF SERVICES FOR EACH MEDICAID MEMBER. IF THE OFFICE OR ITS
DESIGNEE DETERMINES THAT RESIDENTIAL TREATMENT SERVICES ARE NO LONGER
APPROPRIATE, THE DETERMINATION OF THE OFFICE OR ITS DESIGNEE SHALL BE
REPORTED TO THE FACILITY AND THE PERSON, OR THE PERSON'S LEGALLY AUTHOR-
IZED REPRESENTATIVE. SUCH DETERMINATION SHALL NOT BE EFFECTIVE RETROAC-
TIVELY.
No residential treatment facility for children and youth shall admit a
person who has not been DETERMINED APPROPRIATE AND WHERE APPROPRIATE,
certified [as suitable] for such admission [by the appropriate pre-ad-
mission certification committee]. Residential treatment facilities shall
admit [children in accordance with priorities for admission of children
most immediately in need of such services established by the pre-admis-
sion certification committee serving the facility in accordance with
standards established by the commissioner] INDIVIDUALS WHO HAVE BEEN
DESIGNATED AS PRIORITY ADMISSIONS BY THE OFFICE OR COMMISSIONER'S DESIG-
NEE.
(e) Notwithstanding any inconsistent provision of law, no government
agency shall make payments pursuant to title nineteen of the federal
social security act or articles five and six of the social services law
to a residential treatment facility for children and youth for service
S. 7507--A 150 A. 9507--A
to a person whose need for care and treatment in such a facility was not
certified pursuant to this section.
(f) No person shall be admitted to a residential treatment facility
for children and youth who has a mental illness which presents a likeli-
hood of serious harm to others; "likelihood of serious harm" shall mean
a substantial risk of physical harm to other persons as manifested by
recent homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.
(g) Notwithstanding any other provision of law, [pre-admission certif-
ication committees] THE OFFICE OR COMMISSIONER'S DESIGNEE shall be enti-
tled to review clinical records maintained by any person or entity which
pertain to an individual on whose behalf an application is made for
admission to a residential treatment facility for children and youth.
Any clinical records received by [a pre-admission certification commit-
tee and all assessments submitted to the committee] THE OFFICE OR
COMMISSIONER'S DESIGNEE shall be kept confidential in accordance with
the provisions of section 33.13 of [the mental hygiene law, provided,
however, that the commissioner may have access to and receive copies of
such records for the purpose of evaluating the operation and effective-
ness of the committee] THIS CHAPTER.
Confidentiality of clinical records of treatment of a person in a
residential treatment facility for children and youth shall be main-
tained as required in section 33.13 of this chapter. That portion of the
clinical record maintained by a residential treatment facility for chil-
dren and youth operated by an authorized agency specifically related to
medical care and treatment shall not be considered part of the record
required to be maintained by such authorized agency pursuant to section
three hundred seventy-two of the social services law and shall not be
discoverable in a proceeding under section three hundred fifty-eight-a
of the social services law or article ten-A of the family court act
except upon order of the family court; provided, however, that all other
information required by a local social services district or the office
of children and family services for purposes of sections three hundred
fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
services law and article ten-A of the family court act shall be
furnished on request, and the confidentiality of such information shall
be safeguarded as provided in section four hundred sixty-e of the social
services law.
§ 2. Subdivisions (b) and (c) of section 31.26 of the mental hygiene
law, as added by chapter 947 of the laws of 1981, are amended to read as
follows:
(b) The commissioner shall have the power to adopt rules and regu-
lations governing the establishment and operation of residential treat-
ment facilities for children and youth. Such rules and regulations shall
at least require, as a condition of issuance or retention of an operat-
ing certificate for a residential treatment facility for children and
youth, that admission of children into such facilities be in accordance
with priorities for admission of children most immediately in need of
such services [established by the pre-admission certification committee
serving the facility,] in accordance with [section 9.51 of this chapter]
STANDARDS ESTABLISHED BY THE COMMISSIONER.
(c) The commissioner [and the commissioner of social services shall],
in consultation with the commissioner of education [and the director of
the division for youth], THE COMMISSIONER OF SOCIAL SERVICES AND THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL adopt
rules and regulations governing the [operation of the pre-admission
S. 7507--A 151 A. 9507--A
certification committees] STANDARDS FOR ADMISSIONS OF INDIVIDUALS TO
RESIDENTIAL TREATMENT FACILITIES required in section 9.51 of this chap-
ter.
§ 3. Subdivision (g) of section 9.27 of the mental hygiene law, as
added by chapter 947 of the laws of 1981, is amended to read as follows:
(g) Applications for involuntary admission of patients to residential
treatment facilities for children and youth or transfer of involuntarily
admitted patients to such facilities [shall] MAY be reviewed by the
[pre-admission certification committee] OFFICE OR COMMISSIONER'S DESIG-
NEE serving such facility in accordance with section 9.51 of this arti-
cle.
§ 4. This act shall take effect July 1, 2020 and shall apply to all
applications received on or after such effective date.
PART W
Section 1. Subdivision 9 of section 730.10 of the criminal procedure
law, as added by section 1 of part Q of chapter 56 of the laws of 2012,
is amended to read as follows:
9. "Appropriate institution" means: (a) a hospital operated by the
office of mental health or a developmental center operated by the office
for people with developmental disabilities; [or] (b) a hospital licensed
by the department of health which operates a psychiatric unit licensed
by the office of mental health, as determined by the commissioner
provided, however, that any such hospital that is not operated by the
state shall qualify as an "appropriate institution" only pursuant to the
terms of an agreement between the commissioner and the hospital; OR (C)
A MENTAL HEALTH UNIT OPERATING WITHIN A LOCAL CORRECTIONAL FACILITY
EXCEPT THOSE LOCATED WITHIN A CITY WITH A POPULATION OF ONE MILLION OR
MORE; PROVIDED HOWEVER, THAT ANY SUCH MENTAL HEALTH UNIT OPERATING WITH-
IN A LOCAL CORRECTIONAL FACILITY SHALL QUALIFY AS AN "APPROPRIATE INSTI-
TUTION" ONLY PURSUANT TO THE TERMS OF AN AGREEMENT BETWEEN THE COMMIS-
SIONER OF MENTAL HEALTH, DIRECTOR OF COMMUNITY MENTAL HEALTH SERVICES
AND THE SHERIFF FOR THE RESPECTIVE LOCALITY. Nothing in this article
shall be construed as requiring a hospital OR LOCAL CORRECTIONAL FACILI-
TY to consent to providing care and treatment to an incapacitated person
at such hospital OR LOCAL CORRECTIONAL FACILITY.
§ 2. This act shall take effect immediately.
PART X
Section 1. Pursuant to section 7.18 of the mental hygiene law, the
office of mental health will establish a separate appointing authority
of secure treatment and rehabilitation center within the office of
mental health for the care and treatment of dangerous sex offenders
requiring confinement as described in article 10 of the mental hygiene
law. All office of mental health employees who are substantially engaged
in the care and treatment of article 10 sex offenders will be trans-
ferred to the secure treatment and rehabilitation center pursuant to
subdivision 2 of section 70 of the civil service law. Employees will
remain in their current geographic location, and civil service title and
status.
§ 2. This act shall take effect immediately.
PART Y
S. 7507--A 152 A. 9507--A
Section 1. Sections 19 and 21 of chapter 723 of the laws of 1989
amending the mental hygiene law and other laws relating to comprehensive
psychiatric emergency programs, as amended by section 1 of part I of
chapter 59 of the laws of 2016, are amended to read as follows:
§ 19. Notwithstanding any other provision of law, the commissioner of
mental health shall, until July 1, [2020] 2024, be solely authorized, in
his or her discretion, to designate those general hospitals, local
governmental units and voluntary agencies which may apply and be consid-
ered for the approval and issuance of an operating certificate pursuant
to article 31 of the mental hygiene law for the operation of a compre-
hensive psychiatric emergency program.
§ 21. This act shall take effect immediately, and sections one, two
and four through twenty of this act shall remain in full force and
effect, until July 1, [2020] 2024, at which time the amendments and
additions made by such sections of this act shall be deemed to be
repealed, and any provision of law amended by any of such sections of
this act shall revert to its text as it existed prior to the effective
date of this act.
§ 2. Subdivisions (a), (b), (e), (f) and (h) of section 9.40 of the
mental hygiene law, as added by chapter 723 of the laws of 1989, are
amended, and a new subdivision (a-1) is added to read as follows:
(a) The director of any comprehensive psychiatric emergency program
may receive and retain therein for a period not to exceed [seventy-two]
NINETY-SIX hours, any person alleged to have a mental illness for which
immediate observation, care and treatment in such program is appropriate
and which is likely to result in serious harm to the person or others.
The director shall cause to be entered upon the program records the name
of the person or persons, if any, who have brought the person alleged to
have a mental illness to the program and the details of the circum-
stances leading the person or persons to bring the person alleged to
have a mental illness to the program.
(A-1) THE DIRECTOR SHALL CAUSE TRIAGE AND REFERRAL SERVICES TO BE
PROVIDED BY A PSYCHIATRIC NURSE PRACTITIONER OR PHYSICIAN OF THE PROGRAM
AS SOON AS SUCH PERSON IS RECEIVED INTO THE COMPREHENSIVE PSYCHIATRIC
EMERGENCY PROGRAM. AFTER RECEIVING TRIAGE AND REFERRAL SERVICES, SUCH
PERSON SHALL BE APPROPRIATELY TREATED AND DISCHARGED, OR REFERRED FOR
FURTHER CRISIS INTERVENTION SERVICES INCLUDING AN EXAMINATION BY A
PHYSICIAN AS DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
(b) The director shall cause examination of such persons NOT
DISCHARGED AFTER THE PROVISION OF TRIAGE AND REFERRAL SERVICES to be
initiated by a staff physician of the program as soon as practicable and
in any event within six hours after the person is received into the
program's emergency room. Such person may be retained for observation,
care and treatment and further examination for up to twenty-four hours
if, at the conclusion of such examination, such physician determines
that such person may have a mental illness for which immediate observa-
tion, care and treatment in a comprehensive psychiatric emergency
program is appropriate, and which is likely to result in serious harm to
the person or others.
(e) If at any time within the seventy-two [hour period it is deter-
mined that] HOURS AFTER such person IS ADMITTED TO AN EXTENDED OBSERVA-
TION BED AND continues to require immediate observation, care and treat-
ment in accordance with this section and THE NEED FOR such [requirement]
CARE is likely to continue beyond [the seventy-two hour period] SUCH
TIME PERIOD, such person shall be removed within a reasonable period of
time to an appropriate hospital authorized to receive and retain
S. 7507--A 153 A. 9507--A
patients pursuant to section 9.39 of this article and such person shall
be evaluated for admission and, if appropriate, shall be admitted to
such hospital in accordance with section 9.39 of this article, except
that if the person is admitted, the fifteen day retention period of
subdivision (b) of section 9.39 of this article shall be calculated from
the time such person was initially [registered] RECEIVED into the emer-
gency room of the comprehensive psychiatric emergency program. Any
person removed to a hospital pursuant to this paragraph shall be removed
without regard to the provisions of section 29.11 or 29.15 of this chap-
ter and shall not be considered to have been transferred or discharged
to another hospital.
(f) Nothing in this section shall preclude the involuntary admission
of a person to an appropriate hospital pursuant to the provisions of
this article if at any time during the [seventy-two] NINETY-SIX hour
period it is determined that the person is in need of involuntary care
and treatment in a hospital and the person does not agree to be admitted
to a hospital as a voluntary or informal patient. Efforts shall be made
to assure that any arrangements for such involuntary admissions in an
appropriate hospital shall be made within a reasonable period of time.
(h) All time periods referenced in this section shall be calculated
from the time such person is initially [registered] RECEIVED into the
emergency room of the comprehensive psychiatric emergency program.
§ 3. Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
graph (ii) of paragraph 2 of subdivision (b) of section 31.27 of the
mental hygiene law, paragraph 2 of subdivision (a) as added by chapter
723 of the laws of 1989, paragraph 5 of subdivision (a) as amended by
section 1 and paragraph 1 of subdivision (b) as amended by section 2 of
part M of chapter 57 of the laws of 2006 and subparagraph (ii) of para-
graph 2 of subdivision (b) as amended by section 2 of part E of chapter
111 of the laws of 2010, are amended and a new paragraph 12 is added to
subdivision (a) to read as follows:
(2) "Crisis intervention services" means [psychiatric emergency]
services provided in an emergency room located within a general hospi-
tal, which shall include BUT NOT BE LIMITED TO: psychiatric and medical
evaluations and assessments; prescription or adjustment of medication,
counseling, and other stabilization or treatment services intended to
reduce symptoms of mental illness[; extended observation beds; and other
on-site psychiatric emergency services] WHEN APPROPRIATE.
(5) "Extended observation bed" means an inpatient bed which is in or
adjacent to an emergency room located within a general hospital OR
SATELLITE FACILITY APPROVED BY THE COMMISSIONER, designed to provide a
safe environment for an individual who, in the opinion of the examining
physician, requires extensive evaluation, assessment, or stabilization
of the person's acute psychiatric symptoms, except that, if the commis-
sioner determines that the program can provide for the privacy and safe-
ty of all patients receiving services in a hospital, he or she may
approve the location of one or more such beds within another unit of the
hospital.
(12) "SATELLITE FACILITY" MEANS A MEDICAL FACILITY PROVIDING PSYCHIAT-
RIC EMERGENCY SERVICES THAT IS MANAGED AND OPERATED BY A GENERAL HOSPI-
TAL WHO HOLDS A VALID OPERATING CERTIFICATE FOR A COMPREHENSIVE PSYCHI-
ATRIC EMERGENCY PROGRAM AND IS LOCATED AWAY FROM THE CENTRAL CAMPUS OF
THE GENERAL HOSPITAL.
(1) The commissioner may license the operation of comprehensive
psychiatric emergency programs by general hospitals which are operated
by state or local governments or voluntary agencies. The provision of
S. 7507--A 154 A. 9507--A
such services in general hospitals may be located either within the
state or, with the approval of the commissioner and the director of the
budget and to the extent consistent with state and federal law, in a
contiguous state. The commissioner is further authorized to enter into
interstate agreements for the purpose of facilitating the development of
programs which provide services in another state. A comprehensive
psychiatric emergency program shall serve as a primary psychiatric emer-
gency service provider within a defined catchment area for persons in
need of psychiatric emergency services including persons who require
immediate observation, care and treatment in accordance with section
9.40 of this chapter. Each comprehensive psychiatric emergency program
shall provide or contract to provide psychiatric emergency services
twenty-four hours per day, seven days per week, including but not limit-
ed to: crisis intervention services, crisis outreach services, [crisis
residence services,] extended observation beds, and triage and referral
services.
(ii) a description of the program's psychiatric emergency services,
including BUT NOT LIMITED TO crisis intervention services, crisis
outreach services, [crisis residence services,] extended observation
beds, and triage and referral services, whether or not provided directly
or through agreement with other providers of services;
§ 4. Paragraphs 4 and 8 of subdivision (a), and subdivision (i) of
section 31.27 of the mental hygiene law are REPEALED.
§ 5. 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:
(a) sections two through four of this act shall take effect on the one
hundred eightieth day after it shall have become a law;
(b) the amendments to section 19 of chapter 723 of the laws of 1989
amending the mental hygiene law and other laws relating to comprehensive
psychiatric emergency programs made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with;
(c) the amendments to section 9.40 of the mental hygiene law made by
section two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; and
(d) the amendments to section 31.27 of the mental hygiene law made by
section three of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART Z
Section 1. The insurance law is amended by adding a new section 344 to
read as follows:
§ 344. MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY COMPLIANCE
PROGRAMS. (A) PURSUANT TO THE PAUL WELLSTONE AND PETE DOMENICI MENTAL
HEALTH PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. § 1185A) AND
THE REQUIREMENT TO PROVIDE MENTAL HEALTH AND SUBSTANCE USE DISORDER
COVERAGE THAT IS COMPARABLE TO MEDICAL AND SURGICAL SERVICES AS REFER-
ENCED IN SECTIONS THREE THOUSAND TWO HUNDRED SIXTEEN, THREE THOUSAND TWO
HUNDRED TWENTY-ONE AND FOUR THOUSAND THREE HUNDRED THREE OF THIS CHAP-
TER, THE SUPERINTENDENT AND THE COMMISSIONER OF HEALTH, IN CONSULTATION
WITH THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AND THE COMMIS-
SIONER OF MENTAL HEALTH, SHALL PROMULGATE REGULATIONS PRIOR TO OCTOBER
FIRST, TWO THOUSAND TWENTY TO ESTABLISH MENTAL HEALTH AND SUBSTANCE USE
DISORDER PARITY COMPLIANCE PROGRAM REQUIREMENTS. SUCH REGULATIONS
S. 7507--A 155 A. 9507--A
SHALL, AT A MINIMUM, SET FORTH REQUIREMENTS FOR POLICIES AND PROCEDURES
FOR COMPLIANCE, IMPERMISSIBLE PRACTICES, REQUIREMENTS FOR TRAINING AND
EDUCATION PROGRAMS, PUBLIC NOTIFICATION AND REMEDIATION REQUIREMENTS AND
METHODS FOR DESIGNATING AN EMPLOYEE OF THE INSURER WHO IS RESPONSIBLE
FOR ENSURING PARITY COMPLIANCE CONSISTENT WITH THIS CHAPTER AND FEDERAL
REQUIREMENTS.
(B) PENALTIES COLLECTED FOR VIOLATIONS OF SECTION THREE THOUSAND TWO
HUNDRED SIXTEEN, THREE THOUSAND TWO HUNDRED TWENTY-ONE AND FOUR THOUSAND
THREE HUNDRED THREE OF THE INSURANCE LAW PRIOR TO OCTOBER FIRST, TWO
THOUSAND TWENTY SHALL BE DEPOSITED INTO THE GENERAL FUND. PENALTIES
COLLECTED ON OR AFTER OCTOBER FIRST, TWO THOUSAND TWENTY FOR VIOLATIONS
OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN, THREE THOUSAND TWO
HUNDRED TWENTY-ONE AND FOUR THOUSAND THREE HUNDRED THREE OF THE INSUR-
ANCE LAW RELATED TO MENTAL HEALTH AND SUBSTANCE USE DISORDER PARITY
COMPLIANCE AND VIOLATIONS OF REGULATIONS PROMULGATED PURSUANT TO THIS
SECTION SHALL BE DEPOSITED IN A FUND ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-HH OF THE STATE FINANCE LAW.
§ 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
§ 99-HH. BEHAVIORAL HEALTH PARITY COMPLIANCE FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND THE DEPARTMENT
OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE BEHAVIORAL
HEALTH PARITY COMPLIANCE FUND.
2. MONEYS IN THE BEHAVIORAL HEALTH PARITY COMPLIANCE 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. PROVIDED, HOWEVER THAT 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 COMPTROLLER IN OBLI-
GATIONS OF THE UNITED STATES OR THE STATE. THE PROCEEDS OF ANY SUCH
INVESTMENT SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR
PURPOSES OF THIS FUND.
3. SUCH FUND SHALL CONSIST OF ALL MONEYS REQUIRED TO BE DEPOSITED
THERETO PURSUANT TO SECTION THREE HUNDRED FORTY-FOUR OF THE INSURANCE
LAW, SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW OR ANY
OTHER PROVISION OF LAW, MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY
THE STATE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE.
4. MONEYS OF THE FUND SHALL ONLY BE EXPENDED FOR INITIATIVES SUPPORT-
ING PARITY IMPLEMENTATION AND ENFORCEMENT ON BEHALF OF CONSUMERS,
INCLUDING THE BEHAVIORAL HEALTH OMBUDSMAN PROGRAM.
§ 3. Section 4414 of the public health law, as added by chapter 2 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:
§ 4414. Health care compliance programs. 1. The commissioner of
health, after consultation with the superintendent of financial
services, shall by regulation establish standards and criteria for
compliance programs to be implemented by persons providing coverage or
coverage and service pursuant to any public or governmentally-sponsored
or supported plan for health care coverage or services. Such regulations
shall include provisions for the design and implementation of programs
or processes to prevent, detect and address instances of fraud and
abuse. Such regulations shall take into account the nature of the enti-
ty's business and the size of its enrolled population. The commissioner
of health and the superintendent of financial services shall accept
programs and processes implemented pursuant to section four hundred nine
S. 7507--A 156 A. 9507--A
of the insurance 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.
2. (A) PURSUANT TO THE PAUL WELLSTONE AND PETE DOMENICI MENTAL HEALTH
PARITY AND ADDICTION EQUITY ACT OF 2008 (29 U.S.C. § 1185A) AND THE
REQUIREMENT TO PROVIDE MENTAL HEALTH AND SUBSTANCE USE DISORDER COVERAGE
THAT IS COMPARABLE TO MEDICAL AND SURGICAL SERVICES AS REFERENCED IN
SECTION FOUR THOUSAND THREE HUNDRED THREE OF THE INSURANCE LAW, THE
COMMISSIONER AND THE SUPERINTENDENT OF FINANCIAL SERVICES, IN CONSULTA-
TION WITH THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS AND THE
COMMISSIONER OF MENTAL HEALTH, SHALL PROMULGATE REGULATIONS PRIOR TO
OCTOBER FIRST, TWO THOUSAND TWENTY TO ESTABLISH MENTAL HEALTH AND
SUBSTANCE USE DISORDER PARITY COMPLIANCE PROGRAM REQUIREMENTS. SUCH
REGULATIONS SHALL, AT A MINIMUM, SET FORTH REQUIREMENTS FOR POLICIES AND
PROCEDURES FOR COMPLIANCE, IMPERMISSIBLE PRACTICES, REQUIREMENTS FOR
TRAINING AND EDUCATION PROGRAMS, PUBLIC NOTIFICATION AND REMEDIATION
REQUIREMENTS AND METHODS FOR DESIGNATING AN EMPLOYEE OF THE HEALTH MAIN-
TENANCE ORGANIZATION WHO IS RESPONSIBLE FOR ENSURING PARITY COMPLIANCE
CONSISTENT WITH THIS CHAPTER AND FEDERAL REQUIREMENTS.
(B) NOTWITHSTANDING ANY PROVISIONS OF SECTION TWELVE OF THIS CHAPTER
TO THE CONTRARY, PENALTIES COLLECTED FROM ANY HEALTH MAINTENANCE ORGAN-
IZATION CERTIFIED PURSUANT TO THIS ARTICLE RESULTING FROM A VIOLATION OF
THE HEALTH MAINTENANCE ORGANIZATION'S MENTAL HEALTH AND SUBSTANCE USE
DISORDER PARITY COMPLIANCE PROGRAM SHALL BE DEPOSITED INTO THE BEHAV-
IORAL HEALTH PARITY COMPLIANCE FUND AS ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-HH OF THE STATE FINANCE LAW.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2020.
PART AA
Section 1. Subparagraph (iv) of paragraph c of subdivision 3 of
section 492 of the social services law, as added by section 1 of part B
of chapter 501 of the laws of 2012, is amended to read as follows:
(iv) WHEN DETERMINED TO BE RELEVANT TO AN INVESTIGATION, contact the
statewide central register of child abuse and maltreatment to determine
whether the subject of the report has been or is currently the subject
of an indicated child abuse and maltreatment report on file with the
statewide central register of child abuse and maltreatment;
§ 2. This act shall take effect immediately.
PART BB
Section 1. Subdivision (a) of section 16.03 of the mental hygiene law
is amended by adding a new paragraph 5 to read as follows:
(5) THE PROVISION OF SERVICES APPROVED IN A MEDICAID STATE PLAN
AUTHORIZED PURSUANT TO SECTION NINETEEN HUNDRED TWO OF THE FEDERAL
SOCIAL SECURITY ACT, INCLUDING OPTIONAL STATE PLAN SERVICES AUTHORIZED
PURSUANT TO SUBDIVISION (G) OF SECTION NINETEEN HUNDRED FIFTEEN OF THE
FEDERAL SOCIAL SECURITY ACT, AND DESIGNATED BY THE COMMISSIONER OF
HEALTH, IN CONSULTATION WITH THE COMMISSIONER, AS BEING FOR PERSONS WITH
DEVELOPMENTAL DISABILITIES.
§ 2. Subdivision (d) of section 16.03 of the mental hygiene law, as
added by chapter 786 of the laws of 1983, is amended to read as follows:
(d) The operation of a facility OR PROVISION OF SERVICES for which an
operating certificate is required pursuant to this article shall be in
S. 7507--A 157 A. 9507--A
accordance with the terms of the operating certificate and the regu-
lations of the commissioner.
§ 3. Subdivision (a) of section 16.11 of the mental hygiene law is
amended by adding a new paragraph 3 to read as follows:
(3) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH FIVE
OF SUBDIVISION (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
THE PROVIDER OF SERVICES COMPLIES WITH ALL THE REQUIREMENTS OF THE
APPLICABLE FEDERAL REGULATIONS AND RULES AND THE REGULATIONS ADOPTED BY
THE COMMISSIONER.
§ 4. Paragraph (a) of subdivision 4 of section 488 of the social
services law, as amended by section 2 of part MM of chapter 58 of the
laws of 2015, is amended to read as follows:
(a) a facility or program in which services are provided and which is
operated, licensed or certified by the office of mental health, the
office for people with developmental disabilities or the office of
[alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS, including but not limited to psychiatric centers, inpatient
psychiatric units of a general hospital, developmental centers, interme-
diate care facilities, community residences, group homes and family care
homes, provided, however, that such term shall not include a secure
treatment facility as defined in section 10.03 of the mental hygiene
law, services defined in [subparagraph] PARAGRAPHS four AND FIVE of
subdivision (a) of section 16.03 of the mental hygiene law, or services
provided in programs or facilities that are operated by the office of
mental health and located in state correctional facilities under the
jurisdiction of the department of corrections and community supervision;
§ 5. Subdivision 6 of section 2899 of the public health law, as
amended by section 3 of part C of chapter 57 of the laws of 2018, is
amended to read as follows:
6. "Provider" shall mean: (a) any residential health care facility
licensed under article twenty-eight of this chapter; or any certified
home health agency, licensed home care services agency or long term home
health care program certified under article thirty-six of this chapter;
any hospice program certified pursuant to article forty of this chapter;
or any adult home, enriched housing program or residence for adults
licensed under article seven of the social services law; or (b) a health
home, or any subcontractor of such health home, who contracts with or is
approved or otherwise authorized by the department to provide health
home services, INCLUDING [to all those enrolled pursuant to a diagnosis
of a developmental disability as defined in subdivision twenty-two of
section 1.03 of the mental hygiene law and] enrollees who are under
twenty-one years of age, under section three hundred sixty-five-l of the
social services law, EXCEPT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF
SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHOR-
IZED BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE
ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS
DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
LAW; or any entity that provides home and community based services to
enrollees who are under twenty-one years of age under a demonstration
program pursuant to section eleven hundred fifteen of the federal social
security act.
§ 6. Paragraph (b) of subdivision 9 of section 2899-a of the public
health law, as amended by section 4 of part C of chapter 57 of the laws
of 2018, is amended to read as follows:
(b) Residential health care facilities licensed pursuant to article
twenty-eight of this chapter and certified home health care agencies and
S. 7507--A 158 A. 9507--A
long-term home health care programs certified or approved pursuant to
article thirty-six of this chapter or a health home, or any subcontrac-
tor of such health home, who contracts with or is approved or otherwise
authorized by the department to provide health home services, INCLUDING
[to all those enrolled pursuant to a diagnosis of a developmental disa-
bility as defined in subdivision twenty-two of section 1.03 of the
mental hygiene law and] enrollees who are under twenty-one years of age,
under section three hundred sixty-five-l of the social services law,
EXCEPT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A
DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; or any entity that
provides home and community based services to enrollees who are under
twenty-one years of age under a demonstration program pursuant to
section eleven hundred fifteen of the federal social security act, may,
subject to the availability of federal financial participation, claim as
reimbursable costs under the medical assistance program, costs reflect-
ing the fee established pursuant to law by the division of criminal
justice services for processing a criminal history information check,
the fee imposed by the federal bureau of investigation for a national
criminal history check, and costs associated with obtaining the finger-
prints, provided, however, that for the purposes of determining rates of
payment pursuant to article twenty-eight of this chapter for residential
health care facilities, such reimbursable fees and costs shall be
reflected as timely as practicable in such rates within the applicable
rate period.
§ 7. Subdivision 10 of section 2899-a of the public health law, as
amended by section 1 of part EE of chapter 57 of the laws of 2019, is
amended to read as follows:
10. Notwithstanding subdivision eleven of section eight hundred
forty-five-b of the executive law, a certified home health agency,
licensed home care services agency or long term home health care program
certified, licensed or approved under article thirty-six of this chapter
or a home care services agency exempt from certification or licensure
under article thirty-six of this chapter, a hospice program under arti-
cle forty of this chapter, or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, or a health home, or any subcontractor of such health home, who
contracts with or is approved or otherwise authorized by the department
to provide health home services, INCLUDING [to all enrollees enrolled
pursuant to a diagnosis of a developmental disability as defined in
subdivision twenty-two of section 1.03 of the mental hygiene law and]
enrollees who are under twenty-one years of age, under section three
hundred sixty-five-l of the social services law, EXCEPT FOR A HEALTH
HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH
HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVEL-
OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
OF THE MENTAL HYGIENE LAW; or any entity that provides home and communi-
ty based services to enrollees who are under twenty-one years of age
under a demonstration program pursuant to section eleven hundred fifteen
of the federal social security act may temporarily approve a prospective
employee while the results of the criminal history information check and
the determination are pending, upon the condition that the provider
conducts appropriate direct observation and evaluation of the temporary
S. 7507--A 159 A. 9507--A
employee, while he or she is temporarily employed, and the care recipi-
ent; provided, however, that for a health home, or any subcontractor of
a health home, who contracts with or is approved or otherwise authorized
by the department to provide health home services, INCLUDING [to all
enrollees enrolled pursuant to a diagnosis of developmental disability
as defined in subdivision twenty-two of section 1.03 of the mental
hygiene law and] enrollees who are under twenty-one years of age, under
section three hundred sixty-five-l of the social services law, EXCEPT
FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO
CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
TO PROVIDE HEALTH HOME SERVICES TO ALL THOSE ENROLLED PURSUANT TO A
DIAGNOSIS OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-
TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW; or any entity that
provides home and community based services to enrollees who are under
twenty-one years of age under a demonstration program pursuant to
section eleven hundred fifteen of the federal social security act,
direct observation and evaluation of temporary employees shall not be
required until July first, two thousand nineteen. The results of such
observations shall be documented in the temporary employee's personnel
file and shall be maintained. For purposes of providing such appropriate
direct observation and evaluation, the provider shall utilize an indi-
vidual employed by such provider with a minimum of one year's experience
working in an agency certified, licensed or approved under article thir-
ty-six of this chapter or an adult home, enriched housing program or
residence for adults licensed under article seven of the social services
law, a health home, or any subcontractor of such health home, who
contracts with or is approved or otherwise authorized by the department
to provide health home services, INCLUDING [to those enrolled pursuant
to a diagnosis of a developmental disability as defined in subdivision
twenty-two of section 1.03 of the mental hygiene law and] enrollees who
are under twenty-one years of age, under section three hundred sixty-
five-l of the social services law, EXCEPT FOR A HEALTH HOME, OR ANY
SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR
OTHERWISE AUTHORIZED BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES
TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVELOPMENTAL DISA-
BILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE
MENTAL HYGIENE LAW; or any entity that provides home and community based
services to enrollees who are under twenty-one years of age under a
demonstration program pursuant to section eleven hundred fifteen of the
federal social security act. If the temporary employee is working under
contract with another provider certified, licensed or approved under
article thirty-six of this chapter, such contract provider's appropriate
direct observation and evaluation of the temporary employee, shall be
considered sufficient for the purposes of complying with this subdivi-
sion.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to subdivision
6 of section 2899 of the public health law made by section five of this
act shall not affect the expiration of such subdivision and shall be
deemed to expire therewith.
PART CC
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:
S. 7507--A 160 A. 9507--A
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.
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
S. 7507--A 161 A. 9507--A
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 DD
Section 1. Subdivision a of section 13 of chapter 554 of the laws of
2013, amending the education law and other laws relating to applied
behavior analysis, as amended by chapter 8 of the laws of 2014, is
amended to read as follows:
a. Nothing in this act shall be construed as prohibiting a person
employed or retained by programs licensed, certified, operated,
approved, registered or funded and regulated by the office for people
with developmental disabilities, the office of children and family
services, or the office of mental health from performing the duties of a
licensed behavior analyst or a certified behavior analyst assistant in
the course of such employment or retention; provided, however, that this
section shall not authorize the use of any title authorized pursuant to
article 167 of the education law; and provided further, however, that
this section shall be deemed repealed on July 1, [2020] 2025.
§ 2. This act shall take effect immediately.
PART EE
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, negotiate directly and enter
into an agreement with a pharmaceutical manufacturer for the provision
of supplemental rebates relating to pharmaceutical utilization by enrol-
lees 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 relating to pharmaceutical utilization by medical assist-
ance recipients not so enrolled. Such rebates shall be limited to drug
utilization in the following classes: antiretrovirals approved by the
FDA for the treatment of HIV/AIDS, OPIOID DEPENDENCE AGENTS AND OPIOID
ANTAGONISTS LISTED IN A STATEWIDE FORMULARY ESTABLISHED PURSUANT TO
SUBPARAGRAPH (VII) OF THIS PARAGRAPH and hepatitis C agents for which
the pharmaceutical manufacturer has in effect a rebate agreement 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 expiration or repeal of
this paragraph.
(i) The manufacturer shall not pay supplemental rebates to a managed
care provider, or any of a managed care provider's agents, including but
not limited to any pharmacy benefit manager on the [two] classes of
drugs subject to this paragraph when the state is collecting supple-
mental rebates 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. 7507--A 162 A. 9507--A
tiating such rebates and any limitations imposed on the managed care
provider's ability to establish clinical criteria relating to the utili-
zation of such drugs. In developing the managed care provider'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 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 assist-
ance 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] ANY of the drug classes subject
to this paragraph shall be developed using evidence-based and peer-re-
viewed 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 ALL DRUGS
IN SUCH CLASSES, 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 BOTH 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
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 DRUGS IN THE CLASS, AFTER THE APPLICATION OF
S. 7507--A 163 A. 9507--A
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 DEPARTMENT FOR
BOTH 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.
§ 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-
ZATION UNLESS REQUIRED BY THE DEPARTMENT'S DRUG USE REVIEW PROGRAM
ESTABLISHED PURSUANT TO SECTION 1927(G) OF THE SOCIAL SECURITY ACT.
§ 3. 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 A
PRESCRIPTION DRUG THAT IS NOT ON THE STATEWIDE FORMULARY OF OPIOID
DEPENDENCE AGENTS AND OPIOID ANTAGONISTS, THE PRESCRIBER SHALL CONSULT
WITH THE MANAGED CARE PLAN 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 OR NON-FORMULARY
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 OR FORMULARY DRUG WOULD BE MEDICALLY
CONTRAINDICATED; OR
S. 7507--A 164 A. 9507--A
(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.
§ 4. Subparagraph (A) of paragraph 7-a of subsection (l) of section
3221 of the insurance law, as added by chapter 748 of the laws of 2019,
is amended to read as follows:
(A) Every policy that provides medical, major medical or similar
comprehensive-type large group coverage shall provide immediate coverage
for all buprenorphine products, methadone or long acting injectable
naltrexone without prior authorization for the detoxification or mainte-
nance treatment of a substance use disorder. FURTHER, IMMEDIATE COVER-
AGE WITHOUT PRIOR AUTHORIZATION SHALL INCLUDE METHADONE, WHEN USED FOR
OPIOID USE DISORDER AND ADMINISTERED OR DISPENSED IN AN OPIOID TREATMENT
PROGRAM.
§ 5. Section 364-j of the social services law is amended by adding 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.
§ 6. 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.
§ 7. 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;
§ 8. 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
S. 7507--A 165 A. 9507--A
made by section eight of this act shall only apply to managed care
programs approved on or after the effective date of this act;
§ 9. 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
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.
§ 10. 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 three and five of this act shall not affect the repeal of such
section and shall be deemed expired therewith; and
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.
§ 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 EE of this act shall be
as specifically set forth in the last section of such Parts.
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