EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12571-02-1
S. 2507--A 2 A. 3007--A
tice and professional medical conduct, relating to the effectiveness
of certain provisions of such chapter, in relation to extending
certain provisions concerning the hospital excess liability pool; and
to amend part H of chapter 57 of the laws of 2017, amending the New
York Health Care Reform Act of 1996 and other laws relating to extend-
ing certain provisions relating thereto, in relation to extending
provisions relating to excess coverage (Part K); to amend the public
health law, in relation to the general public health work program
(Part L); to amend the public health law, the state finance law, chap-
ter 338 of the laws of 1998 amending the public health law, the public
officers law and the state finance law relating to establishing a
spinal cord injury research board and part H of chapter 58 of the laws
of 2007 amending the public health law, the public officers law and
the state finance law relating to establishing the empire state stem
cell board, in relation to the discontinuation of the empire clinical
research investigator program (Part M); to amend the public health law
and the education law, in relation to eliminating certain electronic
prescription exemptions; and to repeal certain provisions of the
public health law and the education law relating thereto (Part N); to
repeal certain provisions of the social services law relating to the
enhanced quality of adult living program ("EQUAL") grants; to repeal
certain provisions of the public health law relating to requiring that
the department of health audit hospital working hours; and to repeal
certain provisions of the social services law relating to the
provision providing operating subsidies to certain publicly operated
adult care facilities (Part O); to amend the public health law, the
education law, the insurance law and the social services law, in
relation to expanding the role of pharmacists; 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 such
provisions permanent; to amend chapter 116 of the laws of 2012, amend-
ing the education law relating to authorizing a licensed pharmacist
and certified nurse practitioner to administer certain immunizing
agents, in relation to the effectiveness thereof; to amend chapter 274
of the laws of 2013, amending the education law relating to authoriz-
ing a licensed pharmacist and certified nurse practitioner to adminis-
ter meningococcal disease immunizing agents, in relation to the effec-
tiveness thereof; and to amend chapter 21 of the laws of 2011,
amending the education law relating to authorizing pharmacists to
perform collaborative drug therapy management with physicians in
certain settings, in relation to making such provisions permanent
(Part P); to amend the education law and the public health law, in
relation to the state's physician profiles and enhancing the ability
of the department of education to investigate, discipline, and monitor
licensed physicians, physician assistants, and specialist assistants
(Part Q); to amend the civil rights law, in relation to a change of
sex designation (Part R); to amend chapter 884 of the laws of 1990,
amending the public health law relating to authorizing bad debt and
charity care allowances for certified home health agencies, in
relation to extending the provisions thereof; to amend chapter 109 of
the laws of 2010, amending the social services law relating to trans-
portation costs, in relation to the effectiveness thereof; to amend
chapter 81 of the laws of 1995, amending the public health law and
other laws relating to medical reimbursement and welfare reform, in
relation to the effectiveness thereof; to amend chapter 56 of the laws
S. 2507--A 3 A. 3007--A
of 2013 amending chapter 59 of the laws of 2011 amending the public
health law and other laws relating to general hospital reimbursement
for annual rates, in relation to extending government rates for behav-
ioral services and adding an alternative payment methodology require-
ment; to amend chapter 57 of the laws of 2019 amending the public
health law relating to waiver of certain regulations, in relation to
the effectiveness thereof; to amend chapter 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; to amend the public health law, in relation to improved inte-
gration of health care and financing; and to amend chapter 56 of the
laws of 2014, amending the education law relating to the nurse practi-
tioners modernization act, in relation to extending the provisions
thereof (Part S); to amend part A of chapter 111 of the laws of 2010
amending the mental hygiene law relating to the receipt of federal and
state benefits received by individuals receiving care in facilities
operated by an office of the department of mental hygiene, in relation
to the effectiveness thereof (Part T); to amend part L of chapter 59
of the laws of 2016, amending the mental hygiene law relating to the
appointment of temporary operators for the continued operation of
programs and the provision of services for persons with serious mental
illness and/or developmental disabilities and/or chemical dependence,
in relation to the effectiveness thereof (Part U); to amend part NN of
chapter 58 of the laws of 2015, amending the mental hygiene law relat-
ing to clarifying the authority of the commissioners in the department
of mental hygiene to design and implement time-limited demonstration
programs in relation to the effectiveness thereof (Part V); to amend
chapter 62 of the laws of 2003, amending the mental hygiene law and
the state finance law relating to the community mental health support
and workforce reinvestment program, the membership of subcommittees
for mental health of community services boards and the duties of such
subcommittees and creating the community mental health and workforce
reinvestment account, in relation to extending such provisions relat-
ing thereto (Part W); authorizing the office of mental health to rede-
sign services of certain facilities and programs and to implement
service reductions; and providing for the repeal of such provisions
upon expiration thereof (Part X); to amend the mental hygiene law, in
relation to setting standards for addiction professionals (Part Y); to
amend the mental hygiene law, in relation to imposing sanctions due to
a provider's failure to comply with the terms of their operating
certificate or applicable law and to charge an application processing
fee for the issuance of operating certificates (Part Z); to amend the
mental hygiene law and the social services law, in relation to crisis
stabilization services (Subpart A); to amend the mental hygiene law in
relation to Kendra's law and assisted outpatient treatment (Subpart
B); and to amend the mental hygiene law, in relation to involuntary
commitment (Subpart C) (Part AA); to amend the mental hygiene law, in
relation to establishing the New York state institute for basic
research in developmental disabilities (Part BB); to amend the mental
hygiene law, in relation to creating the office of addiction and
mental health services (Part CC); to amend the social services law,
the public health law and the mental hygiene law, in relation to
setting comprehensive outpatient services (Part DD); to repeal subdi-
vision 10 of section 553 of the executive law, relating to the
requirement that the justice center administer an adult home and resi-
dence for adults resident advocacy program (Part EE); to amend the
S. 2507--A 4 A. 3007--A
public health law, in relation to reimbursement from the Medical
Indemnity Fund (Part FF); to amend the public health law and the
social services law, in relation to improving the safety and quality
of nursing homes in New York state; to amend part E of chapter 56 of
the laws of 2013 amending the public health law relating to the gener-
al public health work program, in relation to the effectiveness there-
of (Part GG); and to amend the executive law, in relation to the
composition of the developmental disabilities planning council (Part
HH)
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 2021-2022 state fiscal year. Each component is wholly contained
within a Part identified as Parts A through HH. 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. Paragraph (a) of subdivision 1 of section 92 of part H of
chapter 59 of the laws of 2011, amending the public health law and other
laws relating to known and projected department of health state fund
Medicaid expenditures, as amended by section 1 of part CCC of chapter 56
of the laws of 2020, is amended to read as follows:
(a) For state fiscal years 2011-12 through [2021-22] 2022-23, the
director of the budget, in consultation with the commissioner of health
referenced as "commissioner" for purposes of this section, shall assess
on a monthly basis, as reflected in monthly reports pursuant to subdivi-
sion five of this section known and projected department of health state
funds medicaid expenditures by category of service and by geographic
regions, as defined by the commissioner.
§ 2. This act shall take effect immediately.
PART B
Section 1. Paragraph (a) of subdivision 4 of section 365-a of the
social services law, as amended by chapter 493 of the laws of 2010, is
amended to read as follows:
(a) drugs which may be dispensed without a prescription as required by
section sixty-eight hundred ten of the education law; provided, however,
that the state commissioner of health may by regulation specify certain
of such drugs which may be reimbursed as an item of medical assistance
in accordance with the price schedule established by such commissioner.
Notwithstanding any other provision of law, [additions] MODIFICATIONS to
the list of drugs reimbursable under this paragraph may be filed as
regulations by the commissioner of health without prior notice and
comment;
S. 2507--A 5 A. 3007--A
§ 2. Paragraph (b) 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 to read as follows:
(b) In the event that the patient does not meet the criteria in para-
graph (a) of this subdivision, the prescriber may provide additional
information to the program to justify the use of a prescription drug
that is not on the preferred drug list. The program shall provide a
reasonable opportunity for a prescriber to reasonably present his or her
justification of prior authorization. [If, after consultation with the
program, the prescriber, in his or her reasonable professional judgment,
determines that] THE PROGRAM WILL CONSIDER THE ADDITIONAL INFORMATION
AND THE JUSTIFICATION PRESENTED TO DETERMINE WHETHER the use of a
prescription drug that is not on the preferred drug list is warranted,
AND the [prescriber's] PROGRAM'S determination shall be final.
§ 3. Subdivisions 25 and 25-a of section 364-j of the social services
law are REPEALED.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART C
Section 1. The public health law is amended by adding a new section
2807-pp to read as follows:
§ 2807-PP. 340B REIMBURSEMENT FUND. 1. NOTWITHSTANDING ANY INCONSIST-
ENT PROVISION OF LAW AND SUBJECT TO THE AVAILABILITY OF FEDERAL FINAN-
CIAL PARTICIPATION, THERE IS HEREBY CREATED A FUND TO SUPPORT ACTIVITIES
THAT EXPAND HEALTH SERVICES TO THE MEDICAID MEMBERS, THE UNINSURED, AND
LOW-INCOME PATIENTS, AS SUPPORTED BY THE 340B PROGRAM. ALL FUNDS AVAIL-
ABLE FOR DISTRIBUTION PURSUANT TO THIS SECTION SHALL BE RESERVED AND SET
ASIDE AND DISTRIBUTED IN ACCORDANCE WITH THIS SECTION.
2. EACH ELIGIBLE 340B PROVIDER SHALL RECEIVE A PROPORTIONATE DISTRIB-
UTION TO BE DETERMINED BY A METHODOLOGY ESTABLISHED BY THE COMMISSIONER.
ANNUAL AGGREGATE DISTRIBUTIONS PURSUANT TO THIS SECTION FOR THE FISCAL
YEAR FROM APRIL FIRST, TWO THOUSAND TWENTY-ONE TO MARCH THIRTY-FIRST,
TWO THOUSAND TWENTY-TWO, AND EACH FISCAL YEAR THEREAFTER, SHALL BE EQUAL
TO ONE HUNDRED TWO MILLION DOLLARS, BUT MAY BE INCREASED BY ADDITIONAL
AMOUNTS AUTHORIZED BY THE DIRECTOR OF THE DIVISION OF THE BUDGET IN
CONSULTATION WITH THE COMMISSIONER.
3. "ELIGIBLE 340B PROVIDER" MEANS: (A) (1) A VOLUNTARY NON-PROFIT OR
PUBLICLY SPONSORED DIAGNOSTIC AND TREATMENT CENTER LICENSED PURSUANT TO
THIS ARTICLE TWENTY-EIGHT THAT DELIVERS A COMPREHENSIVE RANGE OF HEALTH
CARE SERVICES, (2) OR A VOLUNTARY NON-PROFIT SEXUALLY TRANSMITTED
DISEASE PROGRAM RECEIVING FINANCIAL ASSISTANCE PURSUANT TO 42 U.S.C.
§300FF-LL LOCATED IN THIS STATE, OR (3) AN ENTITY AS DEFINED BY 42
U.S.C. §246B(A)(4)(K) IN THIS STATE; THAT (B) WAS ENROLLED IN THE 340B
PROGRAM PURSUANT TO SECTION 340B(A)(4) OF THE FEDERAL PUBLIC HEALTH
SERVICE ACT DURING THE CALENDAR YEAR TWO THOUSAND TWENTY AND THAT
SUBMITS TO THE DEPARTMENT THE ANNUAL RECERTIFICATION OF PARTICIPATION IN
THE 340B PROGRAM AS PROVIDED BY THE HEALTH RESOURCES AND SERVICES ADMIN-
ISTRATION.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART D
S. 2507--A 6 A. 3007--A
Section 1. Paragraph (c) of subdivision 8 of section 2807-c of the
public health law, as amended by section 2 of part KK of chapter 56 of
the laws of 2020, is amended to read as follows:
(c) In order to reconcile capital related inpatient expenses included
in rates of payment based on a budget to actual expenses and statistics
for the rate period for a general hospital, rates of payment for a
general hospital shall be adjusted to reflect the dollar value of the
difference between capital related inpatient expenses included in the
computation of rates of payment for a prior rate period based on a budg-
et and actual capital related inpatient expenses for such prior rate
period, each as determined in accordance with paragraph (a) of this
subdivision, adjusted to reflect increases or decreases in volume of
service in such prior rate period compared to statistics applied in
determining the capital related inpatient expenses component of rates of
payment based on a budget for such prior rate period. For rates effec-
tive [on and after] April first, two thousand twenty THROUGH MARCH THIR-
TY-FIRST, TWO THOUSAND TWENTY-ONE, the budgeted capital-related expenses
add-on as described in paragraph (a) of this subdivision, based on a
budget submitted in accordance to paragraph (a) of this subdivision,
shall be reduced by five percent relative to the rate in effect on such
date; and the actual capital expenses add-on as described in paragraph
(a) of this subdivision, based on actual expenses and statistics through
appropriate audit procedures in accordance with paragraph (a) of this
subdivision shall be reduced by five percent relative to the rate in
effect on such date. FOR RATES EFFECTIVE ON AND AFTER APRIL FIRST, TWO
THOUSAND TWENTY-ONE, THE BUDGETED CAPITAL-RELATED EXPENSES ADD-ON AS
DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, BASED ON A BUDGET
SUBMITTED IN ACCORDANCE TO PARAGRAPH (A) OF THIS SUBDIVISION, SHALL BE
REDUCED BY TEN PERCENT RELATIVE TO THE RATE IN EFFECT ON SUCH DATE; AND
THE ACTUAL CAPITAL EXPENSES ADD-ON AS DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION, BASED ON ACTUAL EXPENSES AND STATISTICS THROUGH APPROPRIATE
AUDIT PROCEDURES IN ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE REDUCED BY TEN PERCENT RELATIVE TO THE RATE IN EFFECT ON SUCH
DATE. For any rate year, all reconciliation add-on amounts calculated on
and after April first, two thousand twenty shall be reduced by ten
percent, and all reconciliation recoupment amounts calculated on or
after April first, two thousand twenty shall increase by ten percent.
Notwithstanding any inconsistent provision of subparagraph (i) of para-
graph (e) of subdivision nine of this section, capital related inpatient
expenses of a general hospital included in the computation of rates of
payment based on a budget shall not be included in the computation of a
volume adjustment made in accordance with such subparagraph. Adjustments
to rates of payment for a general hospital made pursuant to this para-
graph shall be made in accordance with paragraph (c) of subdivision
eleven of this section. Such adjustments shall not be carried forward
except for such volume adjustment as may be authorized in accordance
with subparagraph (i) of paragraph (e) of subdivision nine of this
section for such general hospital.
§ 2. Clause (A) of subparagraph (ii) of paragraph (b) of subdivision
5-d of section 2807-k of the public health law, as amended by section 3
of part KK of chapter 56 of the laws of 2020, is amended to read as
follows:
(A) (1) SUBJECT TO ITEM TWO OF THIS CLAUSE, one hundred thirty-nine
million four hundred thousand dollars shall be distributed as Medicaid
Disproportionate Share Hospital ("DSH") payments to major public general
hospitals;
S. 2507--A 7 A. 3007--A
(2) FOR THE CALENDAR YEARS TWO THOUSAND TWENTY-ONE THROUGH TWO THOU-
SAND TWENTY-TWO, AND FOR EACH CALENDAR YEAR THEREAFTER, THE TOTAL
DISTRIBUTIONS TO MAJOR PUBLIC GENERAL HOSPITALS SHALL BE REDUCED TO ZERO
DOLLARS ANNUALLY; and
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; provided,
however, that amendments to subdivision 5-d of section 2807-k of the
public health law made by section two of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.
PART E
Section 1. Clauses (M) and (N) of subparagraph (ii) of paragraph (bb)
of subdivision 1 of section 2807-v of the public health law, as amended
by section 14 of part Y of chapter 56 of the laws of 2020, are amended
and a new clause (O) is added to read as follows:
(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]
TWENTY-ONE, three hundred forty million dollars[.]; AND
(O) FOR EACH STATE FISCAL YEAR WITHIN THE PERIOD APRIL FIRST, TWO
THOUSAND TWENTY-ONE THROUGH MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-
THREE, ONE HUNDRED SEVENTY MILLION DOLLARS AND EACH STATE FISCAL YEAR
THEREAFTER.
§ 2. Subparagraphs (xiii) and (xiv) of paragraph (cc) of subdivision 1
of section 2807-v of the public health law, as amended by section 14 of
part Y of chapter 56 of the laws of 2020, are amended and a new subpara-
graph (xv) is added to read as follows:
(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.]TWENTY-ONE; AND
(XV) UP TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS FOR THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-ONE AND EACH
STATE FISCAL YEAR THEREAFTER.
§ 3. Subparagraphs (ix) and (x) of paragraph (ccc) of subdivision 1 of
section 2807-v of the public health law, as amended by section 14 of
part Y of chapter 56 of the laws of 2020, are amended and a new subpara-
graph (xi) is added to read as follows:
(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.] TWENTY-ONE; AND
(XI) UP TO TWENTY-FIVE MILLION DOLLARS FOR EACH STATE FISCAL YEAR
WITHIN THE PERIOD APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-THREE AND EACH STATE FISCAL YEAR THER-
EAFTER.
§ 4. The opening paragraph of paragraph (a) of subdivision 8 of
section 3614 of the public health law, as amended by section 55 of part
A of chapter 56 of the laws of 2013, is amended to read as follows:
S. 2507--A 8 A. 3007--A
Notwithstanding any inconsistent provision of law, rule or regulation
and subject to the provisions of paragraph (b) of this subdivision and
to the availability of federal financial participation, the commissioner
shall adjust medical assistance rates of payment for services provided
by certified home health agencies for such services provided to children
under eighteen years of age and for services provided to a special needs
population of medically complex and fragile children, adolescents and
young disabled adults by a CHHA operating under a pilot program approved
by the department, long term home health care programs and AIDS home
care programs in accordance with this paragraph and paragraph (b) of
this subdivision for purposes of improving recruitment and retention of
non-supervisory home care services workers or any worker with direct
patient care responsibility in the following amounts for services
provided on and after December first, two thousand two, PROVIDED, HOWEV-
ER, FOR SERVICES PROVIDED IN THE STATE FISCAL YEAR COMMENCING APRIL
FIRST, TWO THOUSAND TWENTY-ONE SUCH AMOUNTS SHALL BE REDUCED BY FIFTY
PERCENT.
§ 5. Subdivision 1 of section 4013 of the public health law, as
amended by section 9 of part MM of chapter 56 of the laws of 2020, is
amended to read as follows:
1. The commissioner shall, subject to the provisions of subdivision
two of this section, increase medical assistance rates of payment by up
to three percent for hospice services provided on and after December
first, two thousand two, for purposes of improving recruitment and
retention of non-supervisory workers or workers with direct patient care
responsibility, PROVIDED, HOWEVER, FOR SERVICES PROVIDED IN THE STATE
FISCAL YEAR COMMENCING APRIL FIRST, TWO THOUSAND TWENTY-ONE SUCH
INCREASE SHALL BE UP TO ONE AND ONE-HALF PERCENT.
§ 6. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART F
Section 1. Subdivision 3 of section 2999-cc of the public health law,
as amended by section 2 of subpart C of part S of chapter 57 of the laws
of 2018, is amended to read as follows:
3. "Originating site" means a site at which a patient is located at
the time health care services are delivered to him or her by means of
telehealth. [Originating sites shall be limited to: (a) facilities
licensed under articles twenty-eight and forty of this chapter; (b)
facilities as defined in subdivision six of section 1.03 of the mental
hygiene law; (c) certified and non-certified day and residential
programs funded or operated by the office for people with developmental
disabilities; (d) private physician's or dentist's offices located with-
in the state of New York; (e) any type of adult care facility licensed
under title two of article seven of the social services law; (f) public,
private and charter elementary and secondary schools, school age child
care programs, and child day care centers within the state of New York;
and (g) the patient's place of residence located within the state of New
York or other temporary location located within or outside the state of
New York.]
§ 2. Paragraph (d) of subdivision 18-a of section 206 of the public
health law, as amended by section 8 of part A of chapter 57 of the laws
of 2015, is amended to read as follows:
(d) The commissioner may make such rules and regulations as may be
necessary to implement federal policies and disburse funds as required
S. 2507--A 9 A. 3007--A
by the American Recovery and Reinvestment Act of 2009 and to promote the
development of a self-sufficient SHIN-NY to enable widespread, non-du-
plicative interoperability among disparate health information systems,
including electronic health records, personal health records, health
care claims, payment and other administrative data, and public health
information systems, while protecting privacy and security. Such rules
and regulations shall include, but not be limited to, requirements for
organizations covered by 42 U.S.C. 17938 or any other organizations that
exchange health information through the SHIN-NY or any other statewide
health information system recommended by the workgroup. SUCH RULES AND
REGULATIONS SHALL REQUIRE THAT QUALIFIED ENTITIES PERMIT ACCESS TO ALL
OF A PATIENT'S INFORMATION BY ALL SHIN-NY PARTICIPANTS OR ANY OTHER
GENERAL DESIGNATION OF WHO MAY ACCESS SUCH INFORMATION AFTER CONSENT IS
OBTAINED USING A SINGLE STATEWIDE SHIN-NY CONSENT FORM APPROVED BY THE
DEPARTMENT AND PUBLISHED ON THE DEPARTMENT'S WEBSITE. If the commission-
er seeks to promulgate rules and regulations prior to issuance of the
report identified in subparagraph (iv) of paragraph (b) of this subdivi-
sion, the commissioner shall submit the proposed regulations to the
workgroup for its input. If the commissioner seeks to promulgate rules
and regulations after the issuance of the report identified in such
subparagraph (iv) then the commissioner shall consider the report and
recommendations of the workgroup. If the commissioner acts in a manner
inconsistent with the input or recommendations of the workgroup, he or
she shall provide the reasons therefor.
§ 3. Paragraphs (w) and (x) of subdivision 2 of section 2999-cc of the
public health law, as amended by section 1 of part HH of chapter 56 of
the laws of 2020, are amended to read as follows:
(w) a care manager employed by or under contract to a health home
program, patient centered medical home, office for people with develop-
mental disabilities Care Coordination Organization (CCO), hospice or a
voluntary foster care agency certified by the office of children and
family services certified and licensed pursuant to article twenty-nine-i
of this chapter; [and]
(x) PRACTITIONERS AUTHORIZED TO PROVIDE SERVICES IN NEW YORK PURSUANT
TO THE INTERSTATE LICENSURE PROGRAM SET FORTH IN REGULATIONS PROMULGATED
BY THE COMMISSIONER OF EDUCATION IN ACCORDANCE WITH SUBDIVISION THREE OF
SECTION SIXTY-FIVE HUNDRED ONE OF THE EDUCATION LAW; AND
(Y) any other provider as determined by the commissioner pursuant to
regulation or, in consultation with the commissioner, by the commission-
er of the office of mental health, the commissioner of the office of
addiction services and supports, or the commissioner of the office for
people with developmental disabilities pursuant to regulation.
§ 4. Section 6501 of the education law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, RULE OR REGU-
LATION TO THE CONTRARY, THE COMMISSIONER SHALL, IN CONSULTATION WITH THE
COMMISSIONERS OF THE DEPARTMENT OF HEALTH, OFFICE OF MENTAL HEALTH,
OFFICE OF ADDICTION SERVICES AND SUPPORTS, AND OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, ISSUE REGULATIONS FOR THE CREATION OF AN
INTERSTATE LICENSURE PROGRAM WHICH AUTHORIZES PRACTITIONERS LICENSED BY
CONTIGUOUS STATES OR STATES IN THE NORTHEAST REGION TO PROVIDE TELE-
HEALTH SERVICES, AS DEFINED BY ARTICLE TWENTY-NINE-G OF THE PUBLIC
HEALTH LAW AND ANY IMPLEMENTING REGULATIONS PROMULGATED BY THE COMMIS-
SIONERS OF THE DEPARTMENT OF HEALTH, OFFICE OF MENTAL HEALTH, OFFICE OF
ADDICTION SERVICES AND SUPPORTS, AND OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES, TO PATIENTS LOCATED IN NEW YORK STATE, TAKING INTO
S. 2507--A 10 A. 3007--A
CONSIDERATION THE NEED FOR SPECIALTY PRACTICE AREAS WITH HISTORICAL
ACCESS ISSUES, AS DETERMINED BY THE COMMISSIONERS OF THE DEPARTMENT OF
HEALTH, OFFICE OF MENTAL HEALTH, OFFICE OF ADDICTION SUPPORTS AND
SERVICES, OR OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES. SUCH
REGULATIONS MAY BE PROMULGATED ON AN EMERGENCY BASIS; PROVIDED, HOWEVER,
THEY SHALL BE PROMULGATED ON A FINAL BASIS NO LATER THAN MARCH THIRTY-
FIRST, TWO THOUSAND TWENTY-TWO.
§ 5. Section 3217-h of the insurance law is amended by adding a new
subsection (c) to read as follows:
(C) AN INSURER THAT PROVIDES COMPREHENSIVE COVERAGE FOR HOSPITAL,
MEDICAL, OR SURGICAL CARE WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL
ENSURE THAT SUCH NETWORK IS ADEQUATE TO MEET THE TELEHEALTH NEEDS OF
INSURED INDIVIDUALS FOR SERVICES COVERED UNDER THE POLICY WHEN MEDICALLY
APPROPRIATE.
§ 6. Section 4306-g of the insurance law is amended by adding a new
subsection (c) to read as follows:
(C) A CORPORATION THAT PROVIDES COMPREHENSIVE COVERAGE FOR HOSPITAL,
MEDICAL, OR SURGICAL CARE WITH A NETWORK OF HEALTH CARE PROVIDERS SHALL
ENSURE THAT SUCH NETWORK IS ADEQUATE TO MEET THE TELEHEALTH NEEDS OF
INSURED INDIVIDUALS FOR SERVICES COVERED UNDER THE POLICY WHEN MEDICALLY
APPROPRIATE.
§ 7. Subdivisions 1 and 6 of section 24 of the public health law, as
added by section 17 of part H of chapter 60 of the laws of 2014, are
amended to read as follows:
1. A health care professional, or a group practice of health care
professionals, a diagnostic and treatment center or a health center
defined under 42 U.S.C. § 254b on behalf of health care professionals
rendering services at the group practice, diagnostic and treatment
center or health center, shall disclose to patients or prospective
patients in writing or through an internet website the health care plans
in which the health care professional, group practice, diagnostic and
treatment center or health center, is a participating provider and the
hospitals with which the health care professional is affiliated prior to
the provision of non-emergency services and verbally at the time an
appointment is scheduled. SUCH DISCLOSURE SHALL INDICATE WHETHER THE
HEALTH CARE PROFESSIONAL, GROUP PRACTICE, DIAGNOSTIC AND TREATMENT
CENTER OR HEALTH CENTER OFFERS TELEHEALTH SERVICES.
6. A hospital shall post on the hospital's website: (a) the health
care plans in which the hospital is a participating provider; (b) a
statement that (i) physician services provided in the hospital are not
included in the hospital's charges; (ii) physicians who provide services
in the hospital may or may not participate with the same health care
plans as the hospital, and; (iii) the prospective patient should check
with the physician arranging for the hospital services to determine the
health care plans in which the physician participates; (c) as applica-
ble, the name, mailing address and telephone number of the physician
groups that the hospital has contracted with to provide services includ-
ing anesthesiology, pathology or radiology, and instructions how to
contact these groups to determine the health care plan participation of
the physicians in these groups; [and] (d) as applicable, the name, mail-
ing address, and telephone number of physicians employed by the hospital
and whose services may be provided at the hospital, and the health care
plans in which they participate; AND (E) DISCLOSURE AS TO WHETHER THE
HOSPITAL OFFERS TELEHEALTH SERVICES.
§ 8. Subdivision 8 of section 24 of the public health law is amended
by adding a new paragraph (d) to read as follows:
S. 2507--A 11 A. 3007--A
(D) "TELEHEALTH SERVICES" MEANS THOSE SERVICES PROVIDED IN ACCORDANCE
WITH ARTICLE TWENTY-NINE-G OF THIS CHAPTER, SUBSECTION (B) OF SECTION
THIRTY-TWO HUNDRED SEVENTEEN-H OF THE INSURANCE LAW, OR SUBSECTION (B)
OF SECTION FORTY-THREE HUNDRED SIX-G OF THE INSURANCE LAW, AS APPLICA-
BLE.
§ 9. This act shall take effect April 1, 2021; provided, however, if
this act shall have become a law after such date it shall take effect
immediately and shall be deemed to have been in full force and effect on
and after April 1, 2021; provided further, however, that the amendments
to paragraph (d) of subdivision 18-a of section 206 of the public health
law made by section two of this act shall not affect the repeal of such
paragraph and shall be deemed repealed therewith; and provided further,
that sections five and six of this act shall take effect October 1, 2021
and shall apply to policies and contracts issued, renewed, modified,
altered, or amended on and after such date.
PART G
Section 1. The public health law is amended by adding a new article
29-J to read as follows:
ARTICLE 29-J
MEDICAL RESPITE PROGRAM
SECTION 2999-HH. MEDICAL RESPITE PROGRAM.
§ 2999-HH. MEDICAL RESPITE PROGRAM. 1. LEGISLATIVE FINDINGS AND
PURPOSE. THE LEGISLATURE FINDS THAT AN INDIVIDUAL WHO LACKS ACCESS TO
SAFE HOUSING FACES AN INCREASED RISK OF ADVERSE HEALTH OUTCOMES. BY
OFFERING MEDICAL RESPITE PROGRAMS AS A LOWER-INTENSITY CARE SETTING FOR
INDIVIDUALS WHO WOULD OTHERWISE REQUIRE A HOSPITAL STAY OR LACK A SAFE
OPTION FOR DISCHARGE AND RECOVERY, MEDICAL RESPITE PROGRAMS WILL REDUCE
HOSPITAL INPATIENT ADMISSIONS AND LENGTHS OF STAY, HOSPITAL READMIS-
SIONS, AND EMERGENCY ROOM USE. THE LEGISLATURE FINDS THAT THE ESTAB-
LISHMENT OF MEDICAL RESPITE PROGRAMS WILL PROTECT THE PUBLIC INTEREST
AND THE INTERESTS OF PATIENTS.
2. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY OTHERWISE
REQUIRES:
(A) "MEDICAL RESPITE PROGRAM" MEANS A NOT-FOR-PROFIT CORPORATION
LICENSED OR CERTIFIED PURSUANT TO SUBDIVISION THREE OF THIS SECTION TO
SERVE RECIPIENTS WHOSE PROGNOSIS OR DIAGNOSIS NECESSITATES THE RECEIPT
OF:
(I) TEMPORARY ROOM AND BOARD; AND
(II) THE PROVISION OR ARRANGEMENT OF THE PROVISION OF HEALTH CARE AND
SUPPORT SERVICES; PROVIDED, HOWEVER, THAT THE OPERATION OF A MEDICAL
RESPITE PROGRAM SHALL BE SEPARATE AND DISTINCT FROM ANY HOUSING PROGRAMS
OFFERED TO INDIVIDUALS WHO DO NOT QUALIFY AS RECIPIENTS.
(B) "RECIPIENT" MEANS AN INDIVIDUAL WHO:
(I) HAS A QUALIFYING HEALTH CONDITION THAT REQUIRES TREATMENT OR CARE;
(II) DOES NOT REQUIRE HOSPITAL INPATIENT, OBSERVATION UNIT, OR EMER-
GENCY ROOM LEVEL OF CARE, OR A MEDICALLY INDICATED EMERGENCY DEPARTMENT
OR OBSERVATION VISIT; AND
(III) IS EXPERIENCING HOMELESSNESS OR AT IMMINENT RISK OF HOMELESS-
NESS. (A) SUBJECT TO CLAUSE (B) OF THIS SUBPARAGRAPH AND ANY RULES OR
REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, A
PERSON SHALL BE DEEMED "HOMELESS" IF THEY ARE UNABLE TO SECURE OR MAIN-
TAIN PERMANENT OR STABLE HOUSING WITHOUT ASSISTANCE.
S. 2507--A 12 A. 3007--A
(B) AN OPERATOR OF A MEDICAL RESPITE PROGRAM MAY ESTABLISH ELIGIBILITY
STANDARDS USING A MORE LIMITED DEFINITION OF "HOMELESSNESS" IF SUCH
LIMITATION IS NECESSARY TO ENSURE THE AVAILABILITY OF A FUNDING SOURCE
THAT WILL SUPPORT THE MEDICAL RESPITE PROGRAM'S PROVISION OF ROOM AND
BOARD, AND SUCH LIMITATIONS ARE OTHERWISE CONSISTENT WITH ANY RULES OR
REGULATIONS PROMULGATED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
THIS APPLIES TO CONDITIONS THAT MAY EXIST IN CONNECTION WITH:
(1) PUBLIC FUNDING PROVIDED BY A FEDERAL, STATE, OR LOCAL GOVERNMENT
ENTITY; OR
(2) SUBJECT TO THE APPROVAL OF THE DEPARTMENT, PRIVATE FUNDING FROM A
CHARITABLE ENTITY OR OTHER NON-GOVERNMENTAL SOURCE.
3. LICENSURE OR CERTIFICATION. (A) NOTWITHSTANDING ANY INCONSISTENT
PROVISION OF LAW, THE COMMISSIONER MAY LICENSE OR CERTIFY A NOT-FOR-PRO-
FIT CORPORATION AS AN OPERATOR OF A MEDICAL RESPITE PROGRAM.
(B) THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO ESTABLISH
PROCEDURES TO REVIEW AND APPROVE APPLICATIONS FOR A LICENSE OR CERTIF-
ICATION PURSUANT TO THIS ARTICLE, WHICH MAY BE PROMULGATED ON AN EMER-
GENCY BASIS AND WHICH SHALL, AT A MINIMUM, SPECIFY STANDARDS FOR: RECIP-
IENT ELIGIBILITY; MANDATORY MEDICAL RESPITE PROGRAM SERVICES; PHYSICAL
ENVIRONMENT; STAFFING; AND POLICIES AND PROCEDURES GOVERNING HEALTH AND
SAFETY, LENGTH OF STAY, REFERRALS, DISCHARGE, AND COORDINATION OF CARE.
4. OPERATING STANDARDS; RESPONSIBILITY FOR STANDARDS. (A) MEDICAL
RESPITE PROGRAMS LICENSED OR CERTIFIED PURSUANT TO THIS ARTICLE SHALL:
(I) PROVIDE RECIPIENTS WITH TEMPORARY ROOM AND BOARD; AND
(II) PROVIDE, OR ARRANGE FOR THE PROVISION OF, HEALTH CARE AND SUPPORT
SERVICES TO RECIPIENTS.
(B) NOTHING CONTAINED WITHIN THIS ARTICLE SHALL AFFECT THE APPLICA-
TION, QUALIFICATION, OR REQUIREMENTS THAT MAY APPLY TO AN OPERATOR WITH
RESPECT TO ANY OTHER LICENSES OR OPERATING CERTIFICATES THAT SUCH OPERA-
TOR MAY HOLD, INCLUDING, WITHOUT LIMITATION, UNDER ARTICLE TWENTY-EIGHT
OF THIS CHAPTER OR ARTICLE SEVEN OF THE SOCIAL SERVICES LAW.
5. TEMPORARY ACCOMMODATION. A MEDICAL RESPITE PROGRAM SHALL BE CONSID-
ERED A FORM OF EMERGENCY SHELTER OR TEMPORARY SHELTER FOR PURPOSES OF
DETERMINING A RECIPIENT'S ELIGIBILITY FOR HOUSING PROGRAMS OR BENEFITS
ADMINISTERED BY THE STATE OR BY A LOCAL SOCIAL SERVICES DISTRICT,
INCLUDING PROGRAMS OR BENEFITS THAT SUPPORT ACCESS TO ACCOMMODATIONS OF
A TEMPORARY, TRANSITIONAL, OR PERMANENT NATURE.
6. INSPECTIONS AND COMPLIANCE. THE COMMISSIONER SHALL HAVE THE POWER
TO INQUIRE INTO THE OPERATION OF ANY LICENSED OR CERTIFIED MEDICAL
RESPITE PROGRAM AND TO CONDUCT PERIODIC INSPECTIONS OF FACILITIES WITH
RESPECT TO THE FITNESS AND ADEQUACY OF THE PREMISES, EQUIPMENT, PERSON-
NEL, RULES AND BY-LAWS, STANDARDS OF MEDICAL CARE AND SERVICES, SYSTEM
OF ACCOUNTS, RECORDS, AND THE ADEQUACY OF FINANCIAL RESOURCES AND SOURC-
ES OF FUTURE REVENUES.
7. SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATION. (A) A LICENSE
OR CERTIFICATION FOR A MEDICAL RESPITE PROGRAM UNDER THIS ARTICLE MAY BE
REVOKED, SUSPENDED, LIMITED, ANNULLED OR DENIED BY THE COMMISSIONER, IN
CONSULTATION WITH EITHER THE COMMISSIONERS OF THE OFFICE OF MENTAL
HEALTH, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, OR THE OFFICE
OF ADDICTION SERVICES AND SUPPORTS, AS APPROPRIATE BASED ON A DETERMI-
NATION OF THE DEPARTMENT DEPENDING ON THE DIAGNOSIS OR STATED NEEDS OF
THE INDIVIDUALS BEING SERVED OR PROPOSED TO BE SERVED IN THE MEDICAL
RESPITE PROGRAM BEING CONSIDERED FOR REVOCATION, SUSPENSION, LIMITATION,
ANNULMENT OR DENIAL OF CERTIFICATION, IF AN OPERATOR IS DETERMINED TO
HAVE FAILED TO COMPLY WITH THE PROVISIONS OF THIS ARTICLE OR THE RULES
AND REGULATIONS PROMULGATED THEREUNDER. NO ACTION TAKEN AGAINST AN OPER-
S. 2507--A 13 A. 3007--A
ATOR UNDER THIS SUBDIVISION SHALL AFFECT AN OPERATOR'S OTHER LICENSES OR
CERTIFICATIONS; PROVIDED HOWEVER, THAT THE FACTS THAT GAVE RISE TO THE
REVOCATION, SUSPENSION, LIMITATION, ANNULMENT OR DENIAL OF CERTIFICATION
MAY ALSO FORM THE BASIS OF A LIMITATION, SUSPENSION OF REVOCATION OF
SUCH OTHER LICENSES OR CERTIFICATIONS.
(B) NO SUCH MEDICAL RESPITE PROGRAM LICENSE OR CERTIFICATION SHALL BE
REVOKED, SUSPENDED, LIMITED, ANNULLED OR DENIED WITHOUT A HEARING;
PROVIDED THAT A LICENSE OR CERTIFICATION MAY BE TEMPORARILY SUSPENDED OR
LIMITED WITHOUT A HEARING FOR A PERIOD NOT IN EXCESS OF THIRTY DAYS UPON
WRITTEN NOTICE THAT THE CONTINUATION OF THE MEDICAL RESPITE PROGRAM
PLACES THE PUBLIC HEALTH OR SAFETY OF THE RECIPIENTS IN IMMINENT DANGER.
(C) NOTHING IN THIS SECTION SHALL PREVENT THE COMMISSIONER FROM IMPOS-
ING SANCTIONS OR PENALTIES ON A MEDICAL RESPITE PROGRAM THAT ARE AUTHOR-
IZED UNDER ANY OTHER LAW OR REGULATION.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART H
Section 1. The title heading of title 11-D of article 5 of the social
services law, as added by chapter 1 of the laws of 1999, is amended to
read as follows:
[FAMILY] BASIC HEALTH [PLUS] PROGRAM
§ 2. Paragraph (d) of subdivision 3, subdivision 5 and subdivision 7
of section 369-gg of the social services law, as added by section 51 of
part C of chapter 60 of the laws of 2014 and subdivision 7 as renumbered
by section 28 of part B of chapter 57 of the laws of 2015, are amended
to read as follows:
(d) (i) has household income at or below two hundred percent of the
federal poverty line defined and annually revised by the United States
department of health and human services for a household of the same
size; and (ii) has household income that exceeds one hundred thirty-
three percent of the federal poverty line defined and annually revised
by the United States department of health and human services for a
household of the same size; however, MAGI eligible aliens lawfully pres-
ent in the United States with household incomes at or below one hundred
thirty-three percent of the federal poverty line shall be eligible to
receive coverage for health care services pursuant to the provisions of
this title if such alien would be ineligible for medical assistance
under title eleven of this article due to his or her immigration status.
An applicant who fails to make an applicable premium payment, IF ANY,
shall lose eligibility to receive coverage for health care services in
accordance with time frames and procedures determined by the commission-
er.
5. Premiums and cost sharing. (a) Subject to federal approval, the
commissioner shall establish premium payments enrollees shall pay to
approved organizations for coverage of health care services pursuant to
this title. [Such premium payments shall be established in the following
manner:
(i) up to twenty dollars monthly for an individual with a household
income above one hundred and fifty percent of the federal poverty line
but at or below two hundred percent of the federal poverty line defined
and annually revised by the United States department of health and human
services for a household of the same size; and
S. 2507--A 14 A. 3007--A
(ii) no] NO payment is required for individuals with a household
income at or below [one hundred and fifty] TWO HUNDRED percent of the
federal poverty line defined and annually revised by the United States
department of health and human services for a household of the same
size.
(b) The commissioner shall establish cost sharing obligations for
enrollees, subject to federal approval.
7. Any funds transferred by the secretary of health and human services
to the state pursuant to 42 U.S.C. 18051(d) shall be deposited in trust.
Funds from the trust shall be used for providing health benefits through
an approved organization, which, at a minimum, shall include essential
health benefits as defined in 42 U.S.C. 18022(b); to reduce the
premiums, IF ANY, and cost sharing of participants in the basic health
program; or for such other purposes as may be allowed by the secretary
of health and human services. Health benefits available through the
basic health program shall be provided by one or more approved organiza-
tions pursuant to an agreement with the department of health and shall
meet the requirements of applicable federal and state laws and regu-
lations.
§ 3. This act shall take effect June 1, 2021 and shall expire and be
deemed repealed should federal approval be withdrawn or 42 U.S.C. 18051
be repealed; provided that the commissioner of health shall notify the
legislative bill drafting commission upon the withdrawal of federal
approval or the repeal of 42 U.S.C. 18051 in order that the commission
may maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b of
the public officers law.
PART I
Section 1. Subdivision 1 of section 268-c of the public health law, as
added by section 2 of part T of chapter 57 of the laws of 2019, is
amended to read as follows:
1. (a) Perform eligibility determinations for federal and state insur-
ance affordability programs including medical assistance in accordance
with section three hundred sixty-six of the social services law, child
health plus in accordance with section twenty-five hundred eleven of
this chapter, the basic health program in accordance with section three
hundred sixty-nine-gg of the social services law, premium tax credits
and cost-sharing reductions and qualified health plans in accordance
with applicable law and other health insurance programs as determined by
the commissioner;
(b) certify and make available to qualified individuals, qualified
health plans, including dental plans, certified by the Marketplace
pursuant to applicable law, provided that coverage under such plans
shall not become effective prior to certification by the Marketplace;
[and]
(c) certify and/or make available to eligible individuals, health
plans certified by the Marketplace pursuant to applicable law, and/or
participating in an insurance affordability program pursuant to applica-
ble law, provided that coverage under such plans shall not become effec-
tive prior to certification by the Marketplace, and/or approval by the
commissioner[.]; AND
(D) THE COMMISSIONER, IN COOPERATION WITH THE SUPERINTENDENT, IS
AUTHORIZED AND DIRECTED, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
S. 2507--A 15 A. 3007--A
DIVISION OF THE BUDGET, TO APPLY FOR FEDERAL WAIVERS WHEN SUCH ACTION
WOULD BE NECESSARY TO ASSIST IN PROMOTING THE OBJECTIVES OF THIS
SECTION.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART J
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 AND TITLE ONE-A OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW, AN INSTITUTION OF HIGHER EDUCATION CERTIFIED
PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAP-
TER, 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:
(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;
S. 2507--A 16 A. 3007--A
(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-ONE AND PRIOR TO JANUARY
FIRST, TWO THOUSAND TWENTY-THREE, WITHOUT HAVING A VALID REGISTRATION AS
A PHARMACY 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-ONE AND PRIOR TO
JANUARY FIRST, TWO THOUSAND TWENTY-THREE SHALL REGISTER WITH THE SUPER-
INTENDENT 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 DIREC-
TOR OR DIRECTORS WHO ARE RESPONSIBLE FOR THE BUSINESS ENTITY'S COMPLI-
ANCE WITH THE FINANCIAL SERVICES AND INSURANCE LAWS, RULES AND REGU-
LATIONS 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 REGIS-
TRATION 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-TWO 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-ONE, SHALL MAKE THE REGISTRATION AND FEE PAYMENT REQUIRED BY
SUBSECTION (A) OF THIS SECTION ON OR BEFORE JUNE FIRST, TWO THOUSAND
S. 2507--A 17 A. 3007--A
TWENTY-ONE. ANY OTHER PHARMACY BENEFIT MANAGER SHALL MAKE THE REGISTRA-
TION 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-
TWO, 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.
(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; PROVIDED HOWEVER THAT NOTHING IN
THIS SUBDIVISION SHALL PREVENT THE SUPERINTENDENT, IN HIS OR HER SOLE
DISCRETION, FROM PROVIDING TO ANY OTHER GOVERNMENTAL ENTITY INFORMATION
THE SUPERINTENDENT DEEMS NECESSARY FOR THE ENFORCEMENT OF THE LAWS OF
THIS STATE OR OF THE UNITED STATES.
S. 2507--A 18 A. 3007--A
§ 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-THREE 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 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, WHICH MAY INCLUDE PROHIBITIONS ON
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;
(7) PROHIBITIONS ON CONTRACT PROVISIONS WHICH ARBITRARILY REQUIRE A
PHARMACY TO MEET ANY PHARMACY ACCREDITATION STANDARD OR RECERTIFICATION
REQUIREMENT INCONSISTENT WITH OR MORE STRINGENT THAN, OR IN ADDITION TO
FEDERAL OR STATE REQUIREMENTS AND CODIFICATION OF STANDARDS AND PRAC-
TICES IN THE CREATION AND USE OF SPECIALTY PHARMACY NETWORKS; AND
(8) 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.
(E) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT AT LEAST TWO MONTHS BEFORE ITS EXPIRATION, THEN THE
S. 2507--A 19 A. 3007--A
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;
(III) DEMONSTRATED UNTRUSTWORTHINESS; OR
S. 2507--A 20 A. 3007--A
(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. 2507--A 21 A. 3007--A
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. 2507--A 22 A. 3007--A
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. 2507--A 23 A. 3007--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 REASONABLY DESIG-
NATED BY THE PHARMACY BENEFIT MANAGER AS PROPRIETARY OR TRADE SECRET
INFORMATION SHALL BE KEPT CONFIDENTIAL BY THE HEALTH PLAN, EXCEPT AS
REQUIRED OR PERMITTED BY LAW OR COURT ORDER, INCLUDING DISCLOSURE NECES-
SARY TO PROSECUTE 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,
S. 2507--A 24 A. 3007--A
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 K
Section 1. Section 18 of chapter 266 of the laws of 1986, amending the
civil practice law and rules and other laws relating to malpractice and
professional medical conduct is amended by adding a new subdivision 9 to
read as follows:
(9) THIS SUBDIVISION SHALL APPLY ONLY TO EXCESS INSURANCE COVERAGE OR
EQUIVALENT EXCESS COVERAGE FOR PHYSICIANS OR DENTISTS THAT IS ELIGIBLE
TO BE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS LIABILITY
POOL.
(A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, FOR ANY POLICY PERIOD
BEGINNING ON OR AFTER JULY 1, 2021, EXCESS COVERAGE SHALL BE PURCHASED
BY A PHYSICIAN OR DENTIST DIRECTLY FROM A PROVIDER OF EXCESS INSURANCE
COVERAGE OR EQUIVALENT EXCESS COVERAGE. SUCH PROVIDER OF EXCESS INSUR-
ANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE SHALL BILL, IN A MANNER
CONSISTENT WITH PARAGRAPH (E) OF THIS SUBDIVISION, THE PHYSICIAN OR
DENTIST FOR AN AMOUNT EQUAL TO FIFTY PERCENT OF THE PREMIUM FOR SUCH
COVERAGE, AS ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
DURING THE POLICY PERIOD. AT THE CONCLUSION OF THE POLICY PERIOD THE
SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH OR
THEIR DESIGNEE SHALL, FROM FUNDS AVAILABLE IN THE HOSPITAL EXCESS
LIABILITY POOL CREATED PURSUANT TO SUBDIVISION 5 OF THIS SECTION, PAY
HALF OF THE REMAINING FIFTY PERCENT OF THE PREMIUM TO THE PROVIDER OF
EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE, AND THE REMAIN-
ING TWENTY-FIVE PERCENT SHALL BE PAID ONE YEAR THEREAFTER. IF THE FUNDS
AVAILABLE IN THE HOSPITAL EXCESS LIABILITY POOL ARE INSUFFICIENT TO MEET
THE PERCENT OF THE COSTS OF THE EXCESS COVERAGE, THE PROVISIONS OF
SUBDIVISION 8 OF THIS SECTION SHALL APPLY.
(B) IF AT THE CONCLUSION OF THE POLICY PERIOD, A PHYSICIAN OR DENTIST,
ELIGIBLE FOR EXCESS COVERAGE PAID FOR FROM FUNDS AVAILABLE IN THE HOSPI-
TAL EXCESS LIABILITY POOL, HAS FAILED TO PAY AN AMOUNT EQUAL TO FIFTY
PERCENT OF THE PREMIUM AS ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION, SUCH EXCESS COVERAGE SHALL BE CANCELLED AND SHALL BE NULL
AND VOID AS OF THE FIRST DAY ON OR AFTER THE COMMENCEMENT OF A POLICY
PERIOD WHERE THE LIABILITY FOR PAYMENT PURSUANT TO THIS SUBDIVISION HAS
NOT BEEN MET. THE PROVIDER OF EXCESS COVERAGE SHALL REMIT ANY PORTION
OF PREMIUM PAID BY THE ELIGIBLE PHYSICIAN OR DENTIST FOR SUCH A POLICY
PERIOD.
(C) THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL ESTABLISH A RATE
CONSISTENT WITH SUBDIVISION 3 OF THIS SECTION THAT PROVIDERS OF EXCESS
INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE WILL CHARGE FOR SUCH
COVERAGE FOR EACH POLICY PERIOD. FOR THE POLICY PERIOD BEGINNING JULY
1, 2021, THE SUPERINTENDENT OF FINANCIAL SERVICES MAY DIRECT THAT THE
S. 2507--A 25 A. 3007--A
PREMIUM FOR THAT POLICY PERIOD BE THE SAME AS IT WAS FOR THE POLICY
PERIOD THAT CONCLUDED JUNE 30, 2020.
(D) NO PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS
COVERAGE SHALL ISSUE EXCESS COVERAGE TO WHICH THIS SUBDIVISION APPLIES
TO ANY PHYSICIAN OR DENTIST UNLESS THAT PHYSICIAN OR DENTIST MEETS THE
ELIGIBILITY REQUIREMENTS FOR SUCH COVERAGE SET FORTH IN THIS SECTION.
THE SUPERINTENDENT OF FINANCIAL SERVICES AND THE COMMISSIONER OF HEALTH
OR THEIR DESIGNEE SHALL NOT MAKE ANY PAYMENT UNDER THIS SUBDIVISION TO A
PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT EXCESS COVERAGE FOR
EXCESS COVERAGE ISSUED TO A PHYSICIAN OR DENTIST WHO DOES NOT MEET THE
ELIGIBILITY REQUIREMENTS FOR PARTICIPATION IN THE HOSPITAL EXCESS
LIABILITY POOL PROGRAM SET FORTH IN THIS SECTION.
(E) A PROVIDER OF EXCESS INSURANCE COVERAGE OR EQUIVALENT COVERAGE
THAT ISSUES EXCESS COVERAGE UNDER THIS SUBDIVISION SHALL BILL THE PHYSI-
CIAN OR DENTIST FOR THE PORTION OF THE PREMIUM REQUIRED UNDER PARAGRAPH
(A) OF THIS SUBDIVISION IN TWELVE EQUAL MONTHLY INSTALLMENTS OR IN SUCH
OTHER MANNER AS THE PHYSICIAN OR DENTIST MAY AGREE.
(F) THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTATION WITH THE
COMMISSIONER OF HEALTH MAY PROMULGATE REGULATIONS GIVING EFFECT TO THE
PROVISIONS OF THIS SUBDIVISION.
§ 2. Paragraph (a) of subdivision 1 of section 18 of chapter 266 of
the laws of 1986, amending the civil practice law and rules and other
laws relating to malpractice and professional medical conduct, as
amended by section 1 of part AAA of chapter 56 of the laws of 2020, is
amended to read as follows:
(a) The superintendent of financial services and the commissioner of
health or their designee shall, from funds available in the hospital
excess liability pool created pursuant to subdivision 5 of this section,
purchase a policy or policies for excess insurance coverage, as author-
ized by paragraph 1 of subsection (e) of section 5502 of the insurance
law; or from an insurer, other than an insurer described in section 5502
of the insurance law, duly authorized to write such coverage and actual-
ly writing medical malpractice insurance in this state; or shall
purchase equivalent excess coverage in a form previously approved by the
superintendent of financial services for purposes of providing equiv-
alent excess coverage in accordance with section 19 of chapter 294 of
the laws of 1985, for medical or dental malpractice occurrences between
July 1, 1986 and June 30, 1987, between July 1, 1987 and June 30, 1988,
between July 1, 1988 and June 30, 1989, between July 1, 1989 and June
30, 1990, between July 1, 1990 and June 30, 1991, between July 1, 1991
and June 30, 1992, between July 1, 1992 and June 30, 1993, between July
1, 1993 and June 30, 1994, between July 1, 1994 and June 30, 1995,
between July 1, 1995 and June 30, 1996, between July 1, 1996 and June
30, 1997, between July 1, 1997 and June 30, 1998, between July 1, 1998
and June 30, 1999, between July 1, 1999 and June 30, 2000, between July
1, 2000 and June 30, 2001, between July 1, 2001 and June 30, 2002,
between July 1, 2002 and June 30, 2003, between July 1, 2003 and June
30, 2004, between July 1, 2004 and June 30, 2005, between July 1, 2005
and June 30, 2006, between July 1, 2006 and June 30, 2007, between July
1, 2007 and June 30, 2008, between July 1, 2008 and June 30, 2009,
between July 1, 2009 and June 30, 2010, between July 1, 2010 and June
30, 2011, between July 1, 2011 and June 30, 2012, between July 1, 2012
and June 30, 2013, between July 1, 2013 and June 30, 2014, between July
1, 2014 and June 30, 2015, between July 1, 2015 and June 30, 2016,
between July 1, 2016 and June 30, 2017, between July 1, 2017 and June
30, 2018, between July 1, 2018 and June 30, 2019, between July 1, 2019
S. 2507--A 26 A. 3007--A
and June 30, 2020, [and] between July 1, 2020 and June 30, 2021, AND
BETWEEN JULY 1, 2021 AND JUNE 30, 2022 or reimburse the hospital where
the hospital purchases equivalent excess coverage as defined in subpara-
graph (i) of paragraph (a) of subdivision 1-a of this section for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021,
AND BETWEEN JULY 1, 2021 AND JUNE 30, 2022 for physicians or dentists
certified as eligible for each such period or periods pursuant to subdi-
vision 2 of this section by a general hospital licensed pursuant to
article 28 of the public health law; provided that no single insurer
shall write more than fifty percent of the total excess premium for a
given policy year; and provided, however, that such eligible physicians
or dentists must have in force an individual policy, from an insurer
licensed in this state of primary malpractice insurance coverage in
amounts of no less than one million three hundred thousand dollars for
each claimant and three million nine hundred thousand dollars for all
claimants under that policy during the period of such excess coverage
for such occurrences or be endorsed as additional insureds under a
hospital professional liability policy which is offered through a volun-
tary attending physician ("channeling") program previously permitted by
the superintendent of financial services during the period of such
excess coverage for such occurrences. During such period, such policy
for excess coverage or such equivalent excess coverage shall, when
combined with the physician's or dentist's primary malpractice insurance
coverage or coverage provided through a voluntary attending physician
("channeling") program, total an aggregate level of two million three
hundred thousand dollars for each claimant and six million nine hundred
thousand dollars for all claimants from all such policies with respect
to occurrences in each of such years provided, however, if the cost of
primary malpractice insurance coverage in excess of one million dollars,
but below the excess medical malpractice insurance coverage provided
pursuant to this act, exceeds the rate of nine percent per annum, then
the required level of primary malpractice insurance coverage in excess
of one million dollars for each claimant shall be in an amount of not
less than the dollar amount of such coverage available at nine percent
per annum; the required level of such coverage for all claimants under
that policy shall be in an amount not less than three times the dollar
amount of coverage for each claimant; and excess coverage, when combined
S. 2507--A 27 A. 3007--A
with such primary malpractice insurance coverage, shall increase the
aggregate level for each claimant by one million dollars and three
million dollars for all claimants; and provided further, that, with
respect to policies of primary medical malpractice coverage that include
occurrences between April 1, 2002 and June 30, 2002, such requirement
that coverage be in amounts no less than one million three hundred thou-
sand dollars for each claimant and three million nine hundred thousand
dollars for all claimants for such occurrences shall be effective April
1, 2002.
§ 3. Subdivision 3 of section 18 of chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, as amended by section 2 of
part AAA of chapter 56 of the laws of 2020, is amended to read as
follows:
(3)(a) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance for medical or dental malpractice
occurrences between July 1, 1986 and June 30, 1987, between July 1, 1988
and June 30, 1989, between July 1, 1989 and June 30, 1990, between July
1, 1990 and June 30, 1991, between July 1, 1991 and June 30, 1992,
between July 1, 1992 and June 30, 1993, between July 1, 1993 and June
30, 1994, between July 1, 1994 and June 30, 1995, between July 1, 1995
and June 30, 1996, between July 1, 1996 and June 30, 1997, between July
1, 1997 and June 30, 1998, between July 1, 1998 and June 30, 1999,
between July 1, 1999 and June 30, 2000, between July 1, 2000 and June
30, 2001, between July 1, 2001 and June 30, 2002, between July 1, 2002
and June 30, 2003, between July 1, 2003 and June 30, 2004, between July
1, 2004 and June 30, 2005, between July 1, 2005 and June 30, 2006,
between July 1, 2006 and June 30, 2007, between July 1, 2007 and June
30, 2008, between July 1, 2008 and June 30, 2009, between July 1, 2009
and June 30, 2010, between July 1, 2010 and June 30, 2011, between July
1, 2011 and June 30, 2012, between July 1, 2012 and June 30, 2013, [and]
between July 1, 2013 and June 30, 2014, between July 1, 2014 and June
30, 2015, between July 1, 2015 and June 30, 2016, [and] between July 1,
2016 and June 30, 2017, between July 1, 2017 and June 30, 2018, between
July 1, 2018 and June 30, 2019, between July 1, 2019 and June 30, 2020,
[and] between July 1, 2020 and June 30, 2021, AND BETWEEN JULY 1, 2021
AND JUNE 30, 2022 allocable to each general hospital for physicians or
dentists certified as eligible for purchase of a policy for excess
insurance coverage by such general hospital in accordance with subdivi-
sion 2 of this section, and may amend such determination and certif-
ication as necessary.
(b) The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
cost of excess malpractice insurance or equivalent excess coverage for
medical or dental malpractice occurrences between July 1, 1987 and June
30, 1988, between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between July
1, 1991 and June 30, 1992, between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1, 1994 and June
30, 1995, between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between July
1, 1998 and June 30, 1999, between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1, 2001 and June
30, 2002, between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between July
S. 2507--A 28 A. 3007--A
1, 2005 and June 30, 2006, between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1, 2008 and June
30, 2009, between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between July
1, 2012 and June 30, 2013, between July 1, 2013 and June 30, 2014,
between July 1, 2014 and June 30, 2015, between July 1, 2015 and June
30, 2016, between July 1, 2016 and June 30, 2017, between July 1, 2017
and June 30, 2018, between July 1, 2018 and June 30, 2019, between July
1, 2019 and June 30, 2020, [and] between July 1, 2020 and June 30, 2021,
AND BETWEEN JULY 1, 2021 AND JUNE 30, 2022 allocable to each general
hospital for physicians or dentists certified as eligible for purchase
of a policy for excess insurance coverage or equivalent excess coverage
by such general hospital in accordance with subdivision 2 of this
section, and may amend such determination and certification as neces-
sary. The superintendent of financial services shall determine and
certify to each general hospital and to the commissioner of health the
ratable share of such cost allocable to the period July 1, 1987 to
December 31, 1987, to the period January 1, 1988 to June 30, 1988, to
the period July 1, 1988 to December 31, 1988, to the period January 1,
1989 to June 30, 1989, to the period July 1, 1989 to December 31, 1989,
to the period January 1, 1990 to June 30, 1990, to the period July 1,
1990 to December 31, 1990, to the period January 1, 1991 to June 30,
1991, to the period July 1, 1991 to December 31, 1991, to the period
January 1, 1992 to June 30, 1992, to the period July 1, 1992 to December
31, 1992, to the period January 1, 1993 to June 30, 1993, to the period
July 1, 1993 to December 31, 1993, to the period January 1, 1994 to June
30, 1994, to the period July 1, 1994 to December 31, 1994, to the period
January 1, 1995 to June 30, 1995, to the period July 1, 1995 to December
31, 1995, to the period January 1, 1996 to June 30, 1996, to the period
July 1, 1996 to December 31, 1996, to the period January 1, 1997 to June
30, 1997, to the period July 1, 1997 to December 31, 1997, to the period
January 1, 1998 to June 30, 1998, to the period July 1, 1998 to December
31, 1998, to the period January 1, 1999 to June 30, 1999, to the period
July 1, 1999 to December 31, 1999, to the period January 1, 2000 to June
30, 2000, to the period July 1, 2000 to December 31, 2000, to the period
January 1, 2001 to June 30, 2001, to the period July 1, 2001 to June 30,
2002, to the period July 1, 2002 to June 30, 2003, to the period July 1,
2003 to June 30, 2004, to the period July 1, 2004 to June 30, 2005, to
the period July 1, 2005 and June 30, 2006, to the period July 1, 2006
and June 30, 2007, to the period July 1, 2007 and June 30, 2008, to the
period July 1, 2008 and June 30, 2009, to the period July 1, 2009 and
June 30, 2010, to the period July 1, 2010 and June 30, 2011, to the
period July 1, 2011 and June 30, 2012, to the period July 1, 2012 and
June 30, 2013, to the period July 1, 2013 and June 30, 2014, to the
period July 1, 2014 and June 30, 2015, to the period July 1, 2015 and
June 30, 2016, to the period July 1, 2016 and June 30, 2017, to the
period July 1, 2017 to June 30, 2018, to the period July 1, 2018 to June
30, 2019, to the period July 1, 2019 to June 30, 2020, [and] to the
period July 1, 2020 to June 30, 2021, AND TO THE PERIOD JULY 1, 2021 TO
JUNE 30, 2022.
§ 4. Paragraphs (a), (b), (c), (d) and (e) of subdivision 8 of section
18 of chapter 266 of the laws of 1986, amending the civil practice law
and rules and other laws relating to malpractice and professional
medical conduct, as amended by section 3 of part AAA of chapter 56 of
the laws of 2020, are amended to read as follows:
S. 2507--A 29 A. 3007--A
(a) To the extent funds available to the hospital excess liability
pool pursuant to subdivision 5 of this section as amended, and pursuant
to section 6 of part J of chapter 63 of the laws of 2001, as may from
time to time be amended, which amended this subdivision, are insuffi-
cient to meet the costs of excess insurance coverage or equivalent
excess coverage for coverage periods during the period July 1, 1992 to
June 30, 1993, during the period July 1, 1993 to June 30, 1994, during
the period July 1, 1994 to June 30, 1995, during the period July 1, 1995
to June 30, 1996, during the period July 1, 1996 to June 30, 1997,
during the period July 1, 1997 to June 30, 1998, during the period July
1, 1998 to June 30, 1999, during the period July 1, 1999 to June 30,
2000, during the period July 1, 2000 to June 30, 2001, during the period
July 1, 2001 to October 29, 2001, during the period April 1, 2002 to
June 30, 2002, during the period July 1, 2002 to June 30, 2003, during
the period July 1, 2003 to June 30, 2004, during the period July 1, 2004
to June 30, 2005, during the period July 1, 2005 to June 30, 2006,
during the period July 1, 2006 to June 30, 2007, during the period July
1, 2007 to June 30, 2008, during the period July 1, 2008 to June 30,
2009, during the period July 1, 2009 to June 30, 2010, during the period
July 1, 2010 to June 30, 2011, during the period July 1, 2011 to June
30, 2012, during the period July 1, 2012 to June 30, 2013, during the
period July 1, 2013 to June 30, 2014, during the period July 1, 2014 to
June 30, 2015, during the period July 1, 2015 to June 30, 2016, during
the period July 1, 2016 to June 30, 2017, during the period July 1, 2017
to June 30, 2018, during the period July 1, 2018 to June 30, 2019,
during the period July 1, 2019 to June 30, 2020, [and] during the period
July 1, 2020 to June 30, 2021, AND DURING THE PERIOD JULY 1, 2021 TO
JUNE 30, 2022 allocated or reallocated in accordance with paragraph (a)
of subdivision 4-a of this section to rates of payment applicable to
state governmental agencies, each physician or dentist for whom a policy
for excess insurance coverage or equivalent excess coverage is purchased
for such period shall be responsible for payment to the provider of
excess insurance coverage or equivalent excess coverage of an allocable
share of such insufficiency, based on the ratio of the total cost of
such coverage for such physician to the sum of the total cost of such
coverage for all physicians applied to such insufficiency.
(b) Each provider of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, or covering
the period July 1, 1993 to June 30, 1994, or covering the period July 1,
1994 to June 30, 1995, or covering the period July 1, 1995 to June 30,
1996, or covering the period July 1, 1996 to June 30, 1997, or covering
the period July 1, 1997 to June 30, 1998, or covering the period July 1,
1998 to June 30, 1999, or covering the period July 1, 1999 to June 30,
2000, or covering the period July 1, 2000 to June 30, 2001, or covering
the period July 1, 2001 to October 29, 2001, or covering the period
April 1, 2002 to June 30, 2002, or covering the period July 1, 2002 to
June 30, 2003, or covering the period July 1, 2003 to June 30, 2004, or
covering the period July 1, 2004 to June 30, 2005, or covering the peri-
od July 1, 2005 to June 30, 2006, or covering the period July 1, 2006 to
June 30, 2007, or covering the period July 1, 2007 to June 30, 2008, or
covering the period July 1, 2008 to June 30, 2009, or covering the peri-
od July 1, 2009 to June 30, 2010, or covering the period July 1, 2010 to
June 30, 2011, or covering the period July 1, 2011 to June 30, 2012, or
covering the period July 1, 2012 to June 30, 2013, or covering the peri-
od July 1, 2013 to June 30, 2014, or covering the period July 1, 2014 to
June 30, 2015, or covering the period July 1, 2015 to June 30, 2016, or
S. 2507--A 30 A. 3007--A
covering the period July 1, 2016 to June 30, 2017, or covering the peri-
od July 1, 2017 to June 30, 2018, or covering the period July 1, 2018 to
June 30, 2019, or covering the period July 1, 2019 to June 30, 2020, or
covering the period July 1, 2020 to June 30, 2021, OR COVERING THE PERI-
OD JULY 1, 2021 TO JUNE 30, 2022 shall notify a covered physician or
dentist by mail, mailed to the address shown on the last application for
excess insurance coverage or equivalent excess coverage, of the amount
due to such provider from such physician or dentist for such coverage
period determined in accordance with paragraph (a) of this subdivision.
Such amount shall be due from such physician or dentist to such provider
of excess insurance coverage or equivalent excess coverage in a time and
manner determined by the superintendent of financial services.
(c) If a physician or dentist liable for payment of a portion of the
costs of excess insurance coverage or equivalent excess coverage cover-
ing the period July 1, 1992 to June 30, 1993, or covering the period
July 1, 1993 to June 30, 1994, or covering the period July 1, 1994 to
June 30, 1995, or covering the period July 1, 1995 to June 30, 1996, or
covering the period July 1, 1996 to June 30, 1997, or covering the peri-
od July 1, 1997 to June 30, 1998, or covering the period July 1, 1998 to
June 30, 1999, or covering the period July 1, 1999 to June 30, 2000, or
covering the period July 1, 2000 to June 30, 2001, or covering the peri-
od July 1, 2001 to October 29, 2001, or covering the period April 1,
2002 to June 30, 2002, or covering the period July 1, 2002 to June 30,
2003, or covering the period July 1, 2003 to June 30, 2004, or covering
the period July 1, 2004 to June 30, 2005, or covering the period July 1,
2005 to June 30, 2006, or covering the period July 1, 2006 to June 30,
2007, or covering the period July 1, 2007 to June 30, 2008, or covering
the period July 1, 2008 to June 30, 2009, or covering the period July 1,
2009 to June 30, 2010, or covering the period July 1, 2010 to June 30,
2011, or covering the period July 1, 2011 to June 30, 2012, or covering
the period July 1, 2012 to June 30, 2013, or covering the period July 1,
2013 to June 30, 2014, or covering the period July 1, 2014 to June 30,
2015, or covering the period July 1, 2015 to June 30, 2016, or covering
the period July 1, 2016 to June 30, 2017, or covering the period July 1,
2017 to June 30, 2018, or covering the period July 1, 2018 to June 30,
2019, or covering the period July 1, 2019 to June 30, 2020, or covering
the period July 1, 2020 to June 30, 2021, OR COVERING THE PERIOD JULY 1,
2021 TO JUNE 30, 2022 determined in accordance with paragraph (a) of
this subdivision fails, refuses or neglects to make payment to the
provider of excess insurance coverage or equivalent excess coverage in
such time and manner as determined by the superintendent of financial
services pursuant to paragraph (b) of this subdivision, excess insurance
coverage or equivalent excess coverage purchased for such physician or
dentist in accordance with this section for such coverage period shall
be cancelled and shall be null and void as of the first day on or after
the commencement of a policy period where the liability for payment
pursuant to this subdivision has not been met.
(d) Each provider of excess insurance coverage or equivalent excess
coverage shall notify the superintendent of financial services and the
commissioner of health or their designee of each physician and dentist
eligible for purchase of a policy for excess insurance coverage or
equivalent excess coverage covering the period July 1, 1992 to June 30,
1993, or covering the period July 1, 1993 to June 30, 1994, or covering
the period July 1, 1994 to June 30, 1995, or covering the period July 1,
1995 to June 30, 1996, or covering the period July 1, 1996 to June 30,
1997, or covering the period July 1, 1997 to June 30, 1998, or covering
S. 2507--A 31 A. 3007--A
the period July 1, 1998 to June 30, 1999, or covering the period July 1,
1999 to June 30, 2000, or covering the period July 1, 2000 to June 30,
2001, or covering the period July 1, 2001 to October 29, 2001, or cover-
ing the period April 1, 2002 to June 30, 2002, or covering the period
July 1, 2002 to June 30, 2003, or covering the period July 1, 2003 to
June 30, 2004, or covering the period July 1, 2004 to June 30, 2005, or
covering the period July 1, 2005 to June 30, 2006, or covering the peri-
od July 1, 2006 to June 30, 2007, or covering the period July 1, 2007 to
June 30, 2008, or covering the period July 1, 2008 to June 30, 2009, or
covering the period July 1, 2009 to June 30, 2010, or covering the peri-
od July 1, 2010 to June 30, 2011, or covering the period July 1, 2011 to
June 30, 2012, or covering the period July 1, 2012 to June 30, 2013, or
covering the period July 1, 2013 to June 30, 2014, or covering the peri-
od July 1, 2014 to June 30, 2015, or covering the period July 1, 2015 to
June 30, 2016, or covering the period July 1, 2016 to June 30, 2017, or
covering the period July 1, 2017 to June 30, 2018, or covering the peri-
od July 1, 2018 to June 30, 2019, or covering the period July 1, 2019 to
June 30, 2020, or covering the period July 1, 2020 to June 30, 2021, OR
COVERING THE PERIOD JULY 1, 2021 TO JUNE 30, 2022 that has made payment
to such provider of excess insurance coverage or equivalent excess
coverage in accordance with paragraph (b) of this subdivision and of
each physician and dentist who has failed, refused or neglected to make
such payment.
(e) A provider of excess insurance coverage or equivalent excess
coverage shall refund to the hospital excess liability pool any amount
allocable to the period July 1, 1992 to June 30, 1993, and to the period
July 1, 1993 to June 30, 1994, and to the period July 1, 1994 to June
30, 1995, and to the period July 1, 1995 to June 30, 1996, and to the
period July 1, 1996 to June 30, 1997, and to the period July 1, 1997 to
June 30, 1998, and to the period July 1, 1998 to June 30, 1999, and to
the period July 1, 1999 to June 30, 2000, and to the period July 1, 2000
to June 30, 2001, and to the period July 1, 2001 to October 29, 2001,
and to the period April 1, 2002 to June 30, 2002, and to the period July
1, 2002 to June 30, 2003, and to the period July 1, 2003 to June 30,
2004, and to the period July 1, 2004 to June 30, 2005, and to the period
July 1, 2005 to June 30, 2006, and to the period July 1, 2006 to June
30, 2007, and to the period July 1, 2007 to June 30, 2008, and to the
period July 1, 2008 to June 30, 2009, and to the period July 1, 2009 to
June 30, 2010, and to the period July 1, 2010 to June 30, 2011, and to
the period July 1, 2011 to June 30, 2012, and to the period July 1, 2012
to June 30, 2013, and to the period July 1, 2013 to June 30, 2014, and
to the period July 1, 2014 to June 30, 2015, and to the period July 1,
2015 to June 30, 2016, to the period July 1, 2016 to June 30, 2017, and
to the period July 1, 2017 to June 30, 2018, and to the period July 1,
2018 to June 30, 2019, and to the period July 1, 2019 to June 30, 2020,
and to the period July 1, 2020 to June 30, 2021, AND TO THE PERIOD JULY
1, 2021 TO JUNE 30, 2022 received from the hospital excess liability
pool for purchase of excess insurance coverage or equivalent excess
coverage covering the period July 1, 1992 to June 30, 1993, and covering
the period July 1, 1993 to June 30, 1994, and covering the period July
1, 1994 to June 30, 1995, and covering the period July 1, 1995 to June
30, 1996, and covering the period July 1, 1996 to June 30, 1997, and
covering the period July 1, 1997 to June 30, 1998, and covering the
period July 1, 1998 to June 30, 1999, and covering the period July 1,
1999 to June 30, 2000, and covering the period July 1, 2000 to June 30,
2001, and covering the period July 1, 2001 to October 29, 2001, and
S. 2507--A 32 A. 3007--A
covering the period April 1, 2002 to June 30, 2002, and covering the
period July 1, 2002 to June 30, 2003, and covering the period July 1,
2003 to June 30, 2004, and covering the period July 1, 2004 to June 30,
2005, and covering the period July 1, 2005 to June 30, 2006, and cover-
ing the period July 1, 2006 to June 30, 2007, and covering the period
July 1, 2007 to June 30, 2008, and covering the period July 1, 2008 to
June 30, 2009, and covering the period July 1, 2009 to June 30, 2010,
and covering the period July 1, 2010 to June 30, 2011, and covering the
period July 1, 2011 to June 30, 2012, and covering the period July 1,
2012 to June 30, 2013, and covering the period July 1, 2013 to June 30,
2014, and covering the period July 1, 2014 to June 30, 2015, and cover-
ing the period July 1, 2015 to June 30, 2016, and covering the period
July 1, 2016 to June 30, 2017, and covering the period July 1, 2017 to
June 30, 2018, and covering the period July 1, 2018 to June 30, 2019,
and covering the period July 1, 2019 to June 30, 2020, and covering the
period July 1, 2020 to June 30, 2021, AND COVERING THE PERIOD JULY 1,
2021 TO JUNE 30, 2022 for a physician or dentist where such excess
insurance coverage or equivalent excess coverage is cancelled in accord-
ance with paragraph (c) of this subdivision.
§ 5. Section 40 of chapter 266 of the laws of 1986, amending the civil
practice law and rules and other laws relating to malpractice and
professional medical conduct, as amended by section 5 of part AAA of
chapter 56 of the laws of 2020, 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,
[2021] 2022; 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, [2021]
2022, 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, [2021]
2022 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
S. 2507--A 33 A. 3007--A
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.
§ 6. Section 5 and subdivisions (a) and (e) of section 6 of part J of
chapter 63 of the laws of 2001, amending chapter 266 of the laws of
1986, amending the civil practice law and rules and other laws relating
to malpractice and professional medical conduct, as amended by section 6
of part AAA of chapter 56 of the laws of 2020, are amended to read as
follows:
§ 5. The superintendent of financial services and the commissioner of
health shall determine, no later than June 15, 2002, June 15, 2003, June
15, 2004, June 15, 2005, June 15, 2006, June 15, 2007, June 15, 2008,
June 15, 2009, June 15, 2010, June 15, 2011, June 15, 2012, June 15,
2013, June 15, 2014, June 15, 2015, June 15, 2016, June 15, 2017, June
15, 2018, June 15, 2019, June 15, 2020, [and] June 15, 2021, AND JUNE
15, 2022 the amount of funds available in the hospital excess liability
pool, created pursuant to section 18 of chapter 266 of the laws of 1986,
and whether such funds are sufficient for purposes of purchasing excess
insurance coverage for eligible participating physicians and dentists
during the period July 1, 2001 to June 30, 2002, or July 1, 2002 to June
30, 2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, or July 1, 2007 to June 30, 2008, or July 1, 2008 to June 30,
2009, or July 1, 2009 to June 30, 2010, or July 1, 2010 to June 30,
2011, or July 1, 2011 to June 30, 2012, or July 1, 2012 to June 30,
2013, or July 1, 2013 to June 30, 2014, or July 1, 2014 to June 30,
2015, or July 1, 2015 to June 30, 2016, or July 1, 2016 to June 30,
2017, or July 1, 2017 to June 30, 2018, or July 1, 2018 to June 30,
2019, or July 1, 2019 to June 30, 2020, or July 1, 2020 to June 30,
2021, OR JULY 1, 2021 TO JUNE 30, 2022 as applicable.
S. 2507--A 34 A. 3007--A
(a) This section shall be effective only upon a determination, pursu-
ant to section five of this act, by the superintendent of financial
services and the commissioner of health, and a certification of such
determination to the state director of the budget, the chair of the
senate committee on finance and the chair of the assembly committee on
ways and means, that the amount of funds in the hospital excess liabil-
ity pool, created pursuant to section 18 of chapter 266 of the laws of
1986, is insufficient for purposes of purchasing excess insurance cover-
age for eligible participating physicians and dentists during the period
July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30, 2003, or July
1, 2003 to June 30, 2004, or July 1, 2004 to June 30, 2005, or July 1,
2005 to June 30, 2006, or July 1, 2006 to June 30, 2007, or July 1, 2007
to June 30, 2008, or July 1, 2008 to June 30, 2009, or July 1, 2009 to
June 30, 2010, or July 1, 2010 to June 30, 2011, or July 1, 2011 to June
30, 2012, or July 1, 2012 to June 30, 2013, or July 1, 2013 to June 30,
2014, or July 1, 2014 to June 30, 2015, or July 1, 2015 to June 30,
2016, or July 1, 2016 to June 30, 2017, or July 1, 2017 to June 30,
2018, or July 1, 2018 to June 30, 2019, or July 1, 2019 to June 30,
2020, or July 1, 2020 to June 30, 2021, OR JULY 1, 2021 TO JUNE 30, 2022
as applicable.
(e) The commissioner of health shall transfer for deposit to the
hospital excess liability pool created pursuant to section 18 of chapter
266 of the laws of 1986 such amounts as directed by the superintendent
of financial services for the purchase of excess liability insurance
coverage for eligible participating physicians and dentists for the
policy year July 1, 2001 to June 30, 2002, or July 1, 2002 to June 30,
2003, or July 1, 2003 to June 30, 2004, or July 1, 2004 to June 30,
2005, or July 1, 2005 to June 30, 2006, or July 1, 2006 to June 30,
2007, as applicable, and the cost of administering the hospital excess
liability pool for such applicable policy year, pursuant to the program
established in chapter 266 of the laws of 1986, as amended, no later
than June 15, 2002, June 15, 2003, June 15, 2004, June 15, 2005, June
15, 2006, June 15, 2007, June 15, 2008, June 15, 2009, June 15, 2010,
June 15, 2011, June 15, 2012, June 15, 2013, June 15, 2014, June 15,
2015, June 15, 2016, June 15, 2017, June 15, 2018, June 15, 2019, June
15, 2020, [and] June 15, 2021, AND JUNE 15, 2022 as applicable.
§ 7. Section 20 of part H of chapter 57 of the laws of 2017, amending
the New York Health Care Reform Act of 1996 and other laws relating to
extending certain provisions thereto, as amended by section 7 of part
AAA of chapter 56 of the laws of 2020, 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 [twenty] TWENTY-ONE, shall be eligible to apply for such
coverage for the coverage period beginning the first of July, two thou-
sand [twenty] TWENTY-ONE; 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 [twenty] TWENTY-ONE exceeds the total number of
physicians or dentists certified as eligible for the coverage period
beginning the first of July, two thousand [twenty] TWENTY-ONE, 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. 2507--A 35 A. 3007--A
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
[twenty] TWENTY-ONE, 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 [twenty] TWENTY-ONE and the number
of such eligible physicians or dentists who have applied for excess
coverage or equivalent excess coverage for the coverage period beginning
the first of July, two thousand [twenty] TWENTY-ONE.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART L
Section 1. Subdivision 2 of section 605 of the public health law, as
amended by section 1 of part O of chapter 57 of the laws of 2019, is
amended to read as follows:
2. State aid reimbursement for public health services provided by a
municipality under this title, shall be made if the municipality is
providing some or all of the core public health services identified in
section six hundred two of this title, pursuant to an approved applica-
tion for state aid, at a rate of no less than thirty-six per centum,
except for the city of New York which shall receive no less than [twen-
ty] TEN per centum, of the difference between the amount of moneys
expended by the municipality for public health services required by
section six hundred two of this title during the fiscal year and the
base grant provided pursuant to subdivision one of this section. No such
reimbursement shall be provided for services that are not eligible for
state aid pursuant to this article.
§ 2. Subdivision 1 of section 616 of the public health law, as amended
by section 2 of part O of chapter 57 of the laws of 2019, is amended to
read as follows:
1. The total amount of state aid provided pursuant to this article
shall be limited to the amount of the annual appropriation made by the
legislature. In no event, however, shall such state aid be less than an
amount to provide the full base grant and, as otherwise provided by
subdivision two of section six hundred five of this article, no less
than thirty-six per centum, except for the city of New York which shall
receive no less than [twenty] TEN per centum, of the difference between
the amount of moneys expended by the municipality for eligible public
health services pursuant to an approved application for state aid during
the fiscal year and the base grant provided pursuant to subdivision one
of section six hundred five of this article.
§ 3. This act shall take effect July 1, 2021.
PART M
Section 1. 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, paragraph (f) of subdi-
vision 3, paragraph (a) of subdivision 5, and subdivision 5-a as amended
and paragraph (d) of subdivision 5 as added by section 6 of part Y of
chapter 56 of the laws of 2020, are amended to read as follows:
1. Definitions. For purposes of this section, the following defi-
nitions shall apply, unless the context clearly requires otherwise:
S. 2507--A 36 A. 3007--A
(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;
(vi) shall be equivalent to a full-time position comprising of no less
than thirty-five hours per week for one or two years;
(vii) shall provide, or be filled by a researcher who has formalized
instruction in clinical research, including biostatistics, clinical
trial design, grant writing and research ethics;
S. 2507--A 37 A. 3007--A
(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 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
as determined in accordance with the methodology applicable for purposes
of determining an estimate of indirect medical education costs for
reimbursement for inpatient hospital service pursuant to title XVIII of
the federal social security act (medicare).
S. 2507--A 38 A. 3007--A
[(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
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
S. 2507--A 39 A. 3007--A
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
thirty-first, two thousand five, further reduced by its extra reduction
amount calculated pursuant to paragraph [(t)] (P) of subdivision one of
this section.
S. 2507--A 40 A. 3007--A
(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-
first, two thousand seventeen, 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
S. 2507--A 41 A. 3007--A
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 established pursu-
ant to subdivision two of this section to be allocated regionally with
two-thirds of the available funding going to New York city and one-third
of the available funding going to the rest of the state and shall be
available for distribution as follows:
Distributions shall first be made to consortia and teaching general
hospitals for the empire clinical research investigator program (ECRIP)
to help secure federal funding for biomedical research, train clinical
researchers, recruit national leaders as faculty to act as mentors, and
train residents and fellows in biomedical research skills based on
hospital-specific data submitted to the commissioner by consortia and
teaching general hospitals in accordance with clause (G) of this subpar-
agraph. Such distributions shall be made in accordance with the follow-
ing methodology:
(A) The greatest number of clinical research positions for which a
consortium or teaching general hospital may be funded pursuant to this
subparagraph shall be one percent of the total number of residents
training at the consortium or teaching general hospital on July first,
two thousand eight for the period January first, two thousand nine
through December thirty-first, two thousand nine rounded up to the near-
est one position.
(B) Distributions made to a consortium or teaching general hospital
shall equal the product of the total number of clinical research posi-
tions submitted by a consortium or teaching general hospital and
accepted by the commissioner as meeting the criteria set forth in para-
graph (b) of subdivision one of this section, subject to the reduction
calculation set forth in clause (C) of this subparagraph, times one
hundred ten thousand dollars.
(C) If the dollar amount for the total number of clinical research
positions in the region calculated pursuant to clause (B) of this
subparagraph exceeds the total amount appropriated for purposes of this
paragraph, including clinical research positions that continue from and
were funded in prior distribution periods, the commissioner shall elimi-
nate one-half of the clinical research positions submitted by each
consortium or teaching general hospital rounded down to the nearest one
position. Such reduction shall be repeated until the dollar amount for
the total number of clinical research positions in the region does not
exceed the total amount appropriated for purposes of this paragraph. If
the repeated reduction of the total number of clinical research posi-
tions in the region by one-half does not render a total funding amount
that is equal to or less than the total amount reserved for that region
within the appropriation, the funding for each clinical research posi-
tion in that region shall be reduced proportionally in one thousand
dollar increments until the total dollar amount for the total number of
clinical research positions in that region does not exceed the total
amount reserved for that region within the appropriation. Any reduction
in funding will be effective for the duration of the award. No clinical
research positions that continue from and were funded in prior distrib-
ution periods shall be eliminated or reduced by such methodology.
(D) Each consortium or teaching general hospital shall receive its
annual distribution amount in accordance with the following:
(I) Each consortium or teaching general hospital with a one-year ECRIP
award shall receive its annual distribution amount in full upon
S. 2507--A 42 A. 3007--A
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
the researcher shall be provided upon completion of one-half of the
award term;
S. 2507--A 43 A. 3007--A
(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)] 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, up to one million
seven hundred five thousand dollars each state fiscal year for the peri-
od 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
S. 2507--A 44 A. 3007--A
going to New York city and two-thirds of available funds going to the
rest of the state and shall be distributed in a manner to be determined
by the commissioner without a competitive bid or request for proposal
process as follows:
(i) Funding shall first be awarded to repay loans of up to twenty-five
physicians who train in primary care or specialty tracks in teaching
general hospitals, and who enter and remain in primary care or specialty
practices in underserved communities, as determined by the commissioner.
(ii) After distributions in accordance with subparagraph (i) of this
paragraph, all remaining funds shall be awarded to repay loans of physi-
cians who enter and remain in primary care or specialty practices in
underserved communities, as determined by the commissioner, including
but not limited to physicians working in general hospitals, or other
health care facilities.
(iii) In no case shall less than fifty percent of the funds available
pursuant to this paragraph be distributed in accordance with subpara-
graphs (i) and (ii) of this paragraph to physicians identified by gener-
al hospitals.
(iv) In addition to the funds allocated under this paragraph, for the
period April first, two thousand fifteen through March thirty-first, two
thousand sixteen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(v) In addition to the funds allocated under this paragraph, for the
period April first, two thousand sixteen through March thirty-first, two
thousand seventeen, two million dollars shall be available for the
purposes described in subdivision ten of this section;
(vi) Notwithstanding any provision of law to the contrary, and subject
to the extension of the Health Care Reform Act of 1996, sufficient funds
shall be available for the purposes described in subdivision ten of this
section in amounts necessary to fund the remaining year commitments for
awards made pursuant to subparagraphs (iv) and (v) of this paragraph.
[(d)] (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, up to four
million three hundred sixty thousand dollars for each state fiscal year
for the period April first, two thousand seventeen through March thir-
ty-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
S. 2507--A 45 A. 3007--A
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)] (D) Work group. For funding available pursuant to paragraphs
[(c) and (d) (e)] (B) AND (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
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, up to four hundred eighty-seven thousand
dollars for each state fiscal year for the period April first, two thou-
sand seventeen through March thirty-first, two thousand twenty, 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)] (F) Diversity in medicine/post-baccalaureate program. Notwith-
standing 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
S. 2507--A 46 A. 3007--A
January first, two thousand eight through December thirty-first, two
thousand ten, four hundred ninety thousand dollars for the period Janu-
ary first, two thousand 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 thir-
ty-first, two thousand 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 thir-
ty-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 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-bac-
calaureate programs for minority and economically 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)] (G) 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 [(c)] (B) of subdivi-
sion five-a of this section and subdivision ten of this section or the
physician practice support program pursuant to paragraph [(d)] (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.
§ 2. Subparagraph (xvi) of paragraph (a) of subdivision 7 of section
2807-s of the public health law, as amended by section 8 of part Y of
chapter 56 of the laws of 2020, 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.
§ 3. Subdivision (c) of section 92-dd of the state finance law, as
amended by section 9 of part Y of chapter 56 of the laws of 2020, is
amended to read as follows:
S. 2507--A 47 A. 3007--A
(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
SUBDIVISION FIVE-B AND paragraphs (B), (c)[, (d),, (f)] and [(g)] (F) of
subdivision five-a of section twenty-eight hundred seven-m), and twen-
ty-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.
§ 4. Subdivision 2 of section 251 of the public health law, as added
by chapter 338 of the laws of 1998, is amended to read as follows:
2. Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the spinal cord injury research trust fund, created pursuant
to section ninety-nine-f of the state finance law, to conduct research
programs which focus on the treatment and cure of spinal cord injury.
The board shall make recommendations to the commissioner, and the
commissioner shall, in his or her discretion, grant approval of applica-
tions for grants from those applications recommended by the board;
PROVIDED, HOWEVER, THAT THE BOARD SHALL NOT RECOMMEND, AND THE COMMIS-
SIONER SHALL NOT APPROVE, ANY NEW GRANTS ON OR AFTER APRIL FIRST, TWO
THOUSAND TWENTY-ONE.
§ 5. Subdivision 1 of section 265-a of the public health law, as added
by section 1 of part H of chapter 58 of the laws of 2007, is amended to
read as follows:
1. The empire state stem cell board ("board"), comprised of a funding
committee and an ethics committee, both of which shall be chaired by the
commissioner, is hereby created within the department for the purpose of
administering the empire state stem cell trust fund ("fund"), created
pursuant to section ninety-nine-p of the state finance law. The board is
hereby empowered, subject to annual appropriations and other funding
authorized or made available, to make grants to basic, applied, transla-
tional or other research and development activities that will advance
scientific discoveries in fields related to stem cell biology; PROVIDED,
HOWEVER, THAT THE BOARD SHALL NOT MAKE ANY GRANTS ON OR AFTER APRIL
FIRST, TWO THOUSAND TWENTY-ONE.
§ 6. Section 6 of chapter 338 of the laws of 1998 amending the public
health law, the public officers law and the state finance law relating
to establishing a spinal cord injury research board, is amended to read
as follows:
§ 6. This act shall take effect January 1, 1999 AND SHALL EXPIRE AND
BE DEEMED REPEALED DECEMBER 31, 2024.
§ 7. Section 4 of part H of chapter 58 of the laws of 2007 amending
the public health law, the public officers law and the state finance law
relating to establishing the empire state stem cell board, is amended to
read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2007 AND SHALL
EXPIRE AND BE DEEMED REPEALED DECEMBER 31, 2025.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; provided,
S. 2507--A 48 A. 3007--A
however the amendments to subparagraph (xvi) of paragraph (a) of subdi-
vision 7 of section 2807-s of the public health law made by section two
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith; provided further, however, that the amend-
ments to section 251 of the public health law made by section four of
this act shall not affect the expiration of such section and shall be
deemed to expire therewith; and provided further, however, the amend-
ments to section 265-a of the public health law made by section five of
this act shall not affect the expiration of such section and shall be
deemed to expire therewith.
PART N
Section 1. Subdivision 3 of section 281 of the public health law, as
amended by chapter 13 of the laws of 2015, is amended to read as
follows:
3. On or before December thirty-first, two thousand twelve, the
commissioner shall promulgate regulations, in consultation with the
commissioner of education, establishing standards for electronic
prescriptions. Notwithstanding any other provision of this section or
any other law to the contrary, effective three years subsequent to the
date on which such regulations are promulgated, no person shall issue
any prescription in this state unless such prescription is made by elec-
tronic prescription from the person issuing the prescription to a phar-
macy in accordance with such regulatory standards, except for
prescriptions: (a) [issued by veterinarians; (b)] issued in circum-
stances where electronic prescribing is not available due to temporary
technological or electrical failure, as set forth in regulation; [(c)]
(B) issued by practitioners [who have received a waiver or a renewal
thereof for a specified period determined by the commissioner, not to
exceed one year, from the requirement to use electronic prescribing,
pursuant to a process established in regulation by the commissioner, in
consultation with the commissioner of education, due to economic hard-
ship, technological limitations that are not reasonably within the
control of the practitioner, or other] IN SUCH exceptional [circumstance
demonstrated by the practitioner; (d)] CIRCUMSTANCES AS MAY BE DETER-
MINED BY THE COMMISSIONER; (C) issued by a practitioner under circum-
stances where, notwithstanding the practitioner's present ability to
make an electronic prescription as required by this subdivision, such
practitioner reasonably determines that it would be impractical for the
patient to obtain substances prescribed by electronic prescription in a
timely manner, and such delay would adversely impact the patient's
medical condition, provided that if such prescription is for a
controlled substance, the quantity of controlled substances does not
exceed a five day supply if the controlled substance were used in
accordance with the directions for use; or [(e)] (D) issued by a practi-
tioner to be dispensed by a pharmacy located outside the state, as set
forth in regulation.
§ 2. Subdivision 5 of section 281 of the public health law, as amended
by chapter 350 of the laws of 2016, is amended to read as follows:
5. In the case of a prescription for a controlled substance issued by
a practitioner under paragraph [(d)] (C) or [(e)] (D) of subdivision
three of this section, the practitioner shall, upon issuing such
prescription, indicate in the patient's health record either that the
prescription was issued other than electronically because it (a) was
impractical to issue an electronic prescription in a timely manner and
S. 2507--A 49 A. 3007--A
such delay would have adversely impacted the patient's medical condi-
tion, or (b) was to be dispensed by a pharmacy located outside the
state.
§ 3. Subdivision 10 of section 6810 of the education law, as amended
by chapter 13 of the laws of 2015, is amended to read as follows:
10. Notwithstanding any other provision of this section or any other
law to the contrary, effective three years subsequent to the date on
which regulations establishing standards for electronic prescriptions
are promulgated by the commissioner of health, in consultation with the
commissioner pursuant to subdivision three of section two hundred eight-
y-one of the public health law, no practitioner shall issue any
prescription in this state, unless such prescription is made by elec-
tronic prescription from the practitioner to a pharmacy, except for
prescriptions: (a) [issued by veterinarians; (b)] issued or dispensed in
circumstances where electronic prescribing is not available due to
temporary technological or electrical failure, as set forth in regu-
lation; [(c)] (B) issued by practitioners [who have received a waiver or
a renewal thereof for a specified period determined by the commissioner
of health, not to exceed one year, from the requirement to use electron-
ic prescribing, pursuant to a process established in regulation by the
commissioner of health, in consultation with the commissioner due to
economic hardship, technological limitations that are not reasonably
within the control of the practitioner, or other] IN SUCH exceptional
[circumstance demonstrated by the practitioner] CIRCUMSTANCES AS MAY BE
DETERMINED BY THE COMMISSIONER OF HEALTH ; [(d)] (C) issued by a practi-
tioner under circumstances where, notwithstanding the practitioner's
present ability to make an electronic prescription as required by this
subdivision, such practitioner reasonably determines that it would be
impractical for the patient to obtain substances prescribed by electron-
ic prescription in a timely manner, and such delay would adversely
impact the patient's medical condition, provided that if such
prescription is for a controlled substance, the quantity that does not
exceed a five day supply if the controlled substance was used in accord-
ance with the directions for use; or [(e)] (D) issued by a practitioner
to be dispensed by a pharmacy located outside the state, as set forth in
regulation.
§ 4. Subdivisions 11 and 12 of section 6810 of the education law, as
amended by chapter 350 of the laws of 2016, are amended to read as
follows:
11. In the case of a prescription issued by a practitioner under para-
graph [(b)] (A) of subdivision ten of this section, the practitioner
shall be required to indicate in the patient's health record that the
prescription was issued other than electronically due to temporary tech-
nological or electrical failure.
12. In the case of a prescription issued by a practitioner under para-
graph [(d)] (C) or [(e)] (D) of subdivision ten of this section, the
practitioner shall, upon issuing such prescription, indicate in the
patient's health record either that the prescription was issued other
than electronically because it (a) was impractical to issue an electron-
ic prescription in a timely manner and such delay would have adversely
impacted the patient's medical condition, or (b) was to be dispensed by
a pharmacy located outside the state.
§ 5. Subdivisions 6 and 7 of section 281 of the public health law are
REPEALED.
§ 6. Subdivisions 13 and 15 of section 6810 of the education law are
REPEALED.
S. 2507--A 50 A. 3007--A
§ 7. This act shall take effect on November 1, 2021.
PART O
Section 1. Section 461-s of the social services law is REPEALED.
§ 2. Subdivision 9 of section 2803 of the public health law is
REPEALED.
§ 3. Paragraph (c) of subdivision 1 of section 461-b of the social
services law is REPEALED.
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART P
Section 1. Subdivision 6 of section 571 of the public health law, as
amended by chapter 444 of the laws of 2013, is amended to read as
follows:
6. "Qualified health care professional" means a physician, dentist,
podiatrist, optometrist performing a clinical laboratory test that does
not use an invasive modality as defined in section seventy-one hundred
one of the education law, PHARMACIST, physician assistant, specialist
assistant, nurse practitioner, or midwife, who is licensed and regis-
tered with the state education department.
§ 2. Section 6801 of the education law is amended by adding two new
subdivisions 6 and 7 to read as follows:
6. A LICENSED PHARMACIST IS A QUALIFIED HEALTH CARE PROFESSIONAL UNDER
SECTION FIVE HUNDRED SEVENTY-ONE OF THE PUBLIC HEALTH LAW FOR THE
PURPOSES OF DIRECTING A LIMITED SERVICE LABORATORY AND ORDERING AND
ADMINISTERING TESTS APPROVED BY THE FOOD AND DRUG ADMINISTRATION (FDA),
SUBJECT TO CERTIFICATE OF WAIVER REQUIREMENTS ESTABLISHED PURSUANT TO
THE FEDERAL CLINICAL LABORATORY IMPROVEMENT ACT OF NINETEEN HUNDRED
EIGHTY-EIGHT.
7. A LICENSED PHARMACIST MAY ACT AS A REFERRING HEALTHCARE PROVIDER
FOR DIABETES SELF-MANAGEMENT EDUCATION AND ASTHMA SELF-MANAGEMENT TRAIN-
ING.
§ 3. Subdivision 7 of section 6527 of the education law, as amended by
chapter 110 of the laws of 2020, 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,
COVID-19, or pertussis disease OR, FOR PATIENTS EIGHTEEN YEARS OF AGE OR
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.
§ 4. Subdivision 7 of section 6909 of the education law, as amended by
chapter 110 of the laws of 2020, 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, COVID-19, or pertussis disease OR, FOR PATIENTS EIGHTEEN
S. 2507--A 51 A. 3007--A
YEARS OF AGE OR OLDER, ANY OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVI-
SORY COMMITTEE ON IMMUNIZATION 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 immunizations, vaccines or other drugs.
§ 5. Paragraph a of subdivision 22 of section 6802 of the education
law, as amended by chapter 110 of the laws of 2020, 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, COVID-19, or
pertussis disease, OR, FOR PATIENTS EIGHTEEN YEARS OF AGE OR OLDER, ANY
OTHER IMMUNIZATIONS RECOMMENDED BY THE ADVISORY COMMITTEE ON IMMUNIZA-
TION PRACTICES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION, and
medications required for emergency treatment of anaphylaxis. If the
commissioner 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.
§ 6. 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
accordance with the policies, procedures, and protocols of the facility.
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 PRAC-
TITIONER, which may include adjusting drug strength, frequency of admin-
istration 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 authorized in the
written [order] AGREEMENT 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 PRACTICE to notify the patient's other
S. 2507--A 52 A. 3007--A
treating physicians [with whom he or she does not have a written agree-
ment 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], NURSE PRACTITIONERS AND OTHER
HEALTH CARE PROFESSIONALS AS REQUIRED BY THE FACILITY OR THE COLLABORA-
TIVE PRACTICE AGREEMENT;
(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
monitoring functions as may be necessary in the drug therapy management,
including the collecting and reviewing of patient histories, and order-
ing 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 nursing home, 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; with an on-site pharmacy staffed by a
licensed pharmacist; provided, however, for the purposes of this section
the term "facility" shall not include dental clinics, dental dispensar-
ies[, residential health care facilities] and rehabilitation centers. IN
ADDITION, A "PRACTICE" SHALL MEAN A PLACE OR SITUATION IN WHICH PHYSI-
CIANS AND NURSE PRACTITIONERS EITHER ALONE OR IN GROUP PRACTICES PROVIDE
DIAGNOSTIC AND TREATMENT CARE FOR PATIENTS.
[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.]
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, OR NURSE PRACTITIONER 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 OR NURSE PRACTITIONER shall be permitted to enter into a written
agreement or protocol with a physician OR NURSE PRACTITIONER authorizing
S. 2507--A 53 A. 3007--A
collaborative drug therapy management, subject to the limitations set
forth in this section, within the scope of such employment [or], affil-
iation 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]
(II) SATISFY ANY TWO OF THE FOLLOWING CRITERIA:
(A) 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;
(B) 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
(C) HAVE PROVIDED CLINICAL SERVICES TO PATIENTS FOR AT LEAST ONE YEAR
EITHER:
(I) UNDER A COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A PHYSI-
CIAN, NURSE PRACTITIONER OR FACILITY; OR
(II) 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 of this subdivision] ITEM (II) OF CLAUSE (C) OF
SUBPARAGRAPH (II) 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 PRACTI-
TIONER.
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
S. 2507--A 54 A. 3007--A
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.] A PHARMACIST WHO IS CERTIFIED BY THE
DEPARTMENT TO ENGAGE IN COLLABORATIVE DRUG THERAPY MANAGEMENT MAY ENTER
INTO A WRITTEN COLLABORATIVE PRACTICE AGREEMENT OR PROTOCOL WITH A
PHYSICIAN, NURSE PRACTITIONER OR PRACTICE AS AN INDEPENDENT HEALTH CARE
PROVIDER OR AS AN EMPLOYEE OF A PHARMACY OR OTHER HEALTH CARE PROVIDER.
5. 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.]
§ 7. Subparagraph (A) of paragraph 15-a of subdivision (i) of section
3216 of the insurance law, as amended by chapter 338 of the laws of
2003, is amended to read as follows:
(A) Every policy which provides medical coverage that includes cover-
age for physician services in a physician's office and every policy
which provides major medical or similar comprehensive-type coverage
shall include coverage for the following equipment and supplies for the
treatment of diabetes, if recommended or prescribed by a physician or
other licensed health care provider legally authorized to prescribe
under title eight of the education law: blood glucose monitors and blood
glucose monitors for the visually impaired, data management systems,
test strips for glucose monitors and visual reading and urine testing
strips, insulin, injection aids, cartridges for the visually impaired,
syringes, insulin pumps and appurtenances thereto, insulin infusion
devices, and oral agents for controlling blood sugar. In addition, the
commissioner of the department of health shall provide and periodically
update by rule or regulation a list of additional diabetes equipment and
related supplies such as are medically necessary for the treatment of
diabetes, for which there shall also be coverage. Such policies shall
also include coverage for diabetes self-management education to ensure
that persons with diabetes are educated as to the proper self-management
and treatment of their diabetic condition, including information on
proper diets. Such coverage for self-management education and education
relating to diet shall be limited to visits medically necessary upon the
diagnosis of diabetes, where a physician diagnoses a significant change
in the patient's symptoms or conditions which necessitate changes in a
patient's self-management, or where reeducation or refresher education
S. 2507--A 55 A. 3007--A
is necessary. Such education may be provided by the physician or other
licensed health care provider legally authorized to prescribe under
title eight of the education law, or their staff, as part of an office
visit for diabetes diagnosis or treatment, or by a certified diabetes
nurse educator, certified nutritionist, certified dietitian or regis-
tered dietitian upon the referral of a physician, A PHARMACIST, or other
licensed health care provider legally authorized to prescribe under
title eight of the education law. Education provided by the certified
diabetes nurse educator, certified nutritionist, certified dietitian or
registered dietitian may be limited to group settings wherever practica-
ble. Coverage for self-management education and education relating to
diet shall also include home visits when medically necessary.
§ 8. Subparagraph (A) of paragraph 7 of subdivision (k) of section
3221 of the insurance law, as amended by chapter 338 of the laws of
2003, is amended to read as follows:
(A) Every group or blanket accident and health insurance policy issued
or issued for delivery in this state which provides medical coverage
that includes coverage for physician services in a physician's office
and every policy which provides major medical or similar comprehensive-
type coverage shall include coverage for the following equipment and
supplies for the treatment of diabetes, if recommended or prescribed by
a physician or other licensed health care provider legally authorized to
prescribe under title eight of the education law: blood glucose monitors
and blood glucose monitors for the visually impaired, data management
systems, test strips for glucose monitors and visual reading and urine
testing strips, insulin, injection aids, cartridges for the visually
impaired, syringes, insulin pumps and appurtenances thereto, insulin
infusion devices, and oral agents for controlling blood sugar. In addi-
tion, the commissioner of the department of health shall provide and
periodically update by rule or regulation a list of additional diabetes
equipment and related supplies such as are medically necessary for the
treatment of diabetes, for which there shall also be coverage. Such
policies shall also include coverage for diabetes self-management educa-
tion to ensure that persons with diabetes are educated as to the proper
self-management and treatment of their diabetic condition, including
information on proper diets. Such coverage for self-management education
and education relating to diet shall be limited to visits medically
necessary upon the diagnosis of diabetes, where a physician diagnoses a
significant change in the patient's symptoms or conditions which neces-
sitate changes in a patient's self-management, or where reeducation or
refresher education is necessary. Such education may be provided by the
physician or other licensed health care provider legally authorized to
prescribe under title eight of the education law, or their staff, as
part of an office visit for diabetes diagnosis or treatment, or by a
certified diabetes nurse educator, certified nutritionist, certified
dietitian or registered dietitian upon the referral of a physician, A
PHARMACIST, or other licensed health care provider legally authorized to
prescribe under title eight of the education law. Education provided by
the certified diabetes nurse educator, certified nutritionist, certified
dietitian or registered dietitian may be limited to group settings wher-
ever practicable. Coverage for self-management education and education
relating to diet shall also include home visits when medically neces-
sary.
§ 9. Paragraph 1 of subdivision (u) of section 4303 of the insurance
law, as amended by chapter 338 of the laws of 2003, is amended to read
as follows:
S. 2507--A 56 A. 3007--A
(1) A medical expense indemnity corporation or a health service corpo-
ration which provides medical coverage that includes coverage for physi-
cian services in a physician's office and every policy which provides
major medical or similar comprehensive-type coverage shall include
coverage for the following equipment and supplies for the treatment of
diabetes, if recommended or prescribed by a physician or other licensed
health care provider legally authorized to prescribe under title eight
of the education law: blood glucose monitors and blood glucose monitors
for the visually impaired, data management systems, test strips for
glucose monitors and visual reading and urine testing strips, insulin,
injection aids, cartridges for the visually impaired, syringes, insulin
pumps and appurtenances thereto, insulin infusion devices, and oral
agents for controlling blood sugar. In addition, the commissioner of the
department of health shall provide and periodically update by rule or
regulation a list of additional diabetes equipment and related supplies
such as are medically necessary for the treatment of diabetes, for which
there shall also be coverage. Such policies shall also include coverage
for diabetes self-management education to ensure that persons with
diabetes are educated as to the proper self-management and treatment of
their diabetic condition, including information on proper diets. Such
coverage for self-management education and education relating to diet
shall be limited to visits medically necessary upon the diagnosis of
diabetes, where a physician diagnoses a significant change in the
patient's symptoms or conditions which necessitate changes in a
patient's self-management, or where reeducation or refresher education
is necessary. Such education may be provided by the physician or other
licensed health care provider legally authorized to prescribe under
title eight of the education law, or their staff, as part of an office
visit for diabetes diagnosis or treatment, or by a certified diabetes
nurse educator, certified nutritionist, certified dietitian or regis-
tered dietitian upon the referral of a physician, PHARMACIST, or other
licensed health care provider legally authorized to prescribe under
title eight of the education law. Education provided by the certified
diabetes nurse educator, certified nutritionist, certified dietitian or
registered dietitian may be limited to group settings wherever practica-
ble. Coverage for self-management education and education relating to
diet shall also include home visits when medically necessary.
§ 10. Subdivisions (q) and (r) of subdivision 2 of section 365-a of
the social services law, subdivision (q) as amended by section 35 of
part B of chapter 58 of the laws of 2010 and subdivision (r) as added by
section 32 of part C of chapter 58 of the laws of 2008, are amended to
read as follows:
(q) diabetes self-management training services for persons diagnosed
with diabetes when such services are ordered by a physician, registered
physician assistant, registered nurse practitioner, PHARMACIST, or
licensed midwife and provided by a licensed, registered, or certified
health care professional, as determined by the commissioner of health,
who is certified as a diabetes educator by the National Certification
Board for Diabetes Educators, or a successor national certification
board, or provided by such a professional who is affiliated with a
program certified by the American Diabetes Association, the American
Association of Diabetes Educators, the Indian Health Services, or any
other national accreditation organization approved by the federal
centers for medicare and medicaid services; provided, however, that the
provisions of this paragraph shall not take effect unless all necessary
approvals under federal law and regulation have been obtained to receive
S. 2507--A 57 A. 3007--A
federal financial participation in the costs of health care services
provided pursuant to this paragraph. Nothing in this paragraph shall be
construed to modify any licensure, certification or scope of practice
provision under title eight of the education law.
(r) asthma self-management training services for persons diagnosed
with asthma when such services are ordered by a physician, registered
physician's assistant, registered nurse practitioner, PHARMACIST, or
licensed midwife and provided by a licensed, registered, or certified
health care professional, as determined by the commissioner of health,
who is certified as an asthma educator by the National Asthma Educator
Certification Board, or a successor national certification board;
provided, however, that the provisions of this paragraph shall not take
effect unless all necessary approvals under federal law and regulation
have been obtained to receive federal financial participation in the
costs of health care services provided pursuant to this paragraph.
Nothing in this paragraph shall be construed to modify any licensure,
certification or scope of practice provision under title eight of the
education law.
§ 11. 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 18 of
part BB of chapter 56 of the laws of 2020, 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,
2022].
§ 12. 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 19 of part BB of chapter 56 of the laws of 2020, 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, 2022 provided, that:
(a) the amendments to subdivision 7 of section 6527 of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to be repealed therewith;
(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].
§ 13. 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. 2507--A 58 A. 3007--A
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].
§ 14. 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 20 of part BB of chapter 56 of the laws of 2020, 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, 2022; 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.
§ 15. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; provided,
however, that sections three and four of this act shall take effect on
the same date and in the same manner as chapter 110 of the laws of 2020
takes effect; and provided further that the amendments to subdivision 7
of section 6527 of the education law made by section three of this act
shall be subject to the expiration and reversion of such subdivision
pursuant to section 4 of chapter 110 of the laws of 2020 and shall
expire and be deemed repealed therewith; and provided further that the
amendments to subdivision 7 of section 6909 of the education law made by
section four of this act shall be subject to the expiration and rever-
sion of such subdivision pursuant to section 4 of chapter 110 of the
laws of 2020 and shall expire and be deemed repealed therewith.
PART Q
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].
S. 2507--A 59 A. 3007--A
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
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;
S. 2507--A 60 A. 3007--A
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] THE COMMISSION-
ER, and may also require a witness to attend and give testimony in a
county where [he] THE WITNESS 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
S. 2507--A 61 A. 3007--A
(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 THE COMMISSIONER TO HAVE THE AUTHOR-
ITY 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:
(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
S. 2507--A 62 A. 3007--A
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-
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:
S. 2507--A 63 A. 3007--A
(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
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.
S. 2507--A 64 A. 3007--A
§ 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 OF 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
S. 2507--A 65 A. 3007--A
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.
§ 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,
S. 2507--A 66 A. 3007--A
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 MAY NOT ASSIGN A
PARTICULAR INDIVIDUAL TO PROVIDE SUCH SERVICES TO THE HOSPITAL OR FACIL-
ITY, 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. 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.
§ 15. 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;
S. 2507--A 67 A. 3007--A
(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.
§ 16. 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.
§ 17. 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.
§ 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; provided,
however, that the amendments to paragraph (a) of subdivision 10 of
section 230 of the public health law made by sections seven and eight of
this act shall not affect the expiration of such paragraph and shall be
deemed to expire therewith; and further provided that sections fourteen,
fifteen, sixteen and seventeen of this act shall take effect on the one
hundred eightieth day after it shall have become a law.
PART R
Section 1. Section 63 of the civil rights law, as amended by chapter
253 of the laws of 2014, is amended to read as follows:
§ 63. Order. If the court to which the petition is presented is satis-
fied thereby, or by the affidavit and certificate presented therewith,
S. 2507--A 68 A. 3007--A
that the petition is true, and that there is no reasonable objection to
the change of name proposed, and if the petition be to change the name
of an infant, that the interests of the infant will be substantially
promoted by the change, the court shall make an order authorizing the
petitioner to assume the name proposed. The order shall further recite
the date and place of birth of the applicant and, if the applicant was
born in the state of New York, such order shall set forth the number of
[his] THE APPLICANT'S birth certificate or that no birth certificate is
available. The order shall be directed to be entered and the papers on
which it was granted to be filed [prior to the publication hereinafter
directed] in the clerk's office of the county in which the petitioner
resides if he be an individual, or in the office of the clerk of the
civil court of the city of New York if the order be made by that court.
[Such order shall also direct the publication, at least once, within
sixty days after the making of the order, in a designated newspaper in
the county in which the order is directed to be entered and if the peti-
tion is made by a person subject to the provisions of subdivision two of
section sixty-two of this article, in a designated newspaper in any
county wherein such person was convicted if different from the county in
which the order is otherwise directed to be entered, of a notice in
substantially the following form: Notice is hereby given that an order
entered by the ............ court,............ county, on the ...... day
of......., bearing Index Number..........., a copy of which may be exam-
ined at the office of the clerk, located at ................., in room
number......., grants me the right to assume the name of
................... The city and state of my present address are
.........................; the month and year of my birth are
................; the place of my birth is ....................; my
present name is .................................]
§ 2. Section 64 of the civil rights law, as amended by chapter 258 of
the laws of 2006, and the closing paragraph as separately amended by
chapters 258, 320 and 481 of the laws of 2006, is amended to read as
follows:
§ 64. Effect. If the order [shall be fully complied with, and within
ninety days after the making of the order, an affidavit of the publica-
tion thereof shall be filed in the office in which the order] is
entered, the petitioner shall be known by the name which is thereby
authorized to be assumed. If the surname of a parent be changed as
provided in this article, any minor child of such parent at the time of
such change may thereafter assume such changed surname.
[Upon compliance with the order and the filing of the affidavit of the
publication, as provided in this section, the clerk of the court in
which the order has been entered shall certify that the order has been
complied with; and, if] (1) IF the petition states that the petitioner
stands convicted of a violent felony offense as defined in section 70.02
of the penal law or a felony defined in article one hundred twenty-five
of such law or any of the following provisions of such law sections
130.25, 130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two
hundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of
section 230.30 or 230.32, [such] THE clerk [(1)] OF THE COURT IN WHICH
THE ORDER HAS BEEN ENTERED shall deliver, by first class mail, a copy of
such certified order to the division of criminal justice services at its
office in the county of Albany and (2) [upon the clerk of the court
reviewing the petitioner's application for name change and subsequent
in-court inquiry, may, in the clerk's discretion, deliver, by first
class mail, the petitioner's new name with such certified order to the
S. 2507--A 69 A. 3007--A
court of competent jurisdiction which imposed the orders of support.
Such certification shall appear on the original order and on any certi-
fied copy thereof and shall be entered in the clerk's minutes of the
proceeding] IF THE PETITION STATES THAT THE PETITIONER IS RESPONSIBLE
FOR SPOUSAL SUPPORT OR CHILD SUPPORT OBLIGATIONS PURSUANT TO COURT
ORDER, UPON REVIEW OF THE PETITIONER'S APPLICATION FOR NAME CHANGE AND
SUBSEQUENT IN-COURT INQUIRY, THE COURT MAY, IN ITS DISCRETION, ORDER THE
PETITIONER TO DELIVER BY FIRST CLASS MAIL, THE PETITIONER'S NEW NAME
WITH SUCH CERTIFIED ORDER TO THE COURT OF COMPETENT JURISDICTION WHICH
IMPOSED THE ORDERS OF SUPPORT. SUCH CERTIFICATION SHALL APPEAR ON THE
ORIGINAL ORDER AND ON ANY CERTIFIED COPY THEREOF AND SHALL BE ENTERED IN
THE COURT'S MINUTES OF THE PROCEEDING.
§ 3. Section 64-a of the civil rights law, as amended by chapter 241
of the laws of 2015, is amended to read as follows:
§ 64-a. [Exemption from publication requirements] SEALING NAME CHANGE
PAPERS. 1. If the court shall find that [the publication] OPEN RECORD of
an applicant's change of name would jeopardize such applicant's personal
safety, based on totality of the circumstances [the provisions of
sections sixty-three and sixty-four of this article requiring publica-
tion shall be waived and shall be inapplicable. Provided, however, the
court shall not deny such waiver soley on the basis that the applicant
lacks specific instances of or a personal history of threat to personal
safety. The], THE court shall order the records of such change of name
proceeding [to] be sealed, to be opened only by order of the court for
good cause shown or at the request of the applicant. FOR THE PURPOSES
OF THIS SECTION, "TOTALITY OF THE CIRCUMSTANCES" SHALL INCLUDE, BUT NOT
BE LIMITED TO, A CONSIDERATION OF THE RISK OF VIOLENCE OR DISCRIMINATION
AGAINST THE APPLICANT. THE COURT SHALL NOT DENY SUCH SEALING REQUEST
SOLELY ON THE BASIS THAT THE APPLICANT LACKS SPECIFIC INSTANCES OF OR A
PERSONAL HISTORY OF THREAT TO PERSONAL SAFETY.
2. Notwithstanding any other provision of law, pending such a finding
in subdivision one of this section where an applicant seeks relief under
this section, the court shall immediately order the applicant's current
name, proposed new name, residential and business addresses, telephone
numbers, and any other information contained in any pleadings or papers
submitted to the court to be safeguarded and sealed in order to prevent
their inadvertent or unauthorized use or disclosure while the matter is
pending.
§ 4. The civil rights law is amended by adding a new article 6-A to
read as follows:
ARTICLE 6-A
CHANGE OF SEX DESIGNATION OR GENDER DESIGNATION
SECTION 67. PETITION TO CHANGE SEX DESIGNATION OR GENDER DESIGNATION.
67-A. ORDER.
67-B. SEALING CHANGE OF SEX DESIGNATION OR GENDER DESIGNATION
PAPERS.
67-C. EFFECT ON GOVERNMENT ISSUED IDENTITY DOCUMENTS.
§ 67. PETITION TO CHANGE SEX DESIGNATION OR GENDER DESIGNATION. 1. A
PETITION FOR LEAVE TO CHANGE SEX DESIGNATION OR GENDER DESIGNATION MAY
BE MADE BY A RESIDENT OF THE STATE TO THE COUNTY COURT OF THE COUNTY OR
THE SUPREME COURT IN THE COUNTY IN WHICH SUCH RESIDENT RESIDES, OR, IF
SUCH RESIDENT RESIDES IN THE CITY OF NEW YORK, EITHER TO THE SUPREME
COURT OR TO ANY BRANCH OF THE CIVIL COURT OF THE CITY OF NEW YORK, IN
ANY COUNTY OF THE CITY OF NEW YORK. THE PETITION TO CHANGE THE SEX
DESIGNATION OR GENDER DESIGNATION OF AN INFANT MAY BE MADE BY THE INFANT
S. 2507--A 70 A. 3007--A
THROUGH EITHER OF SUCH INFANT'S PARENTS, OR BY SUCH INFANT'S GENERAL
GUARDIAN OR BY THE GUARDIAN OF SUCH INFANT'S PERSON.
2. WHEN AN INDIVIDUAL PETITIONS THE COURT TO RECOGNIZE THEIR GENDER
IDENTITY OR TO AMEND THE SEX DESIGNATION OR GENDER DESIGNATION ON AN
IDENTITY DOCUMENT, THE COURT SHALL ISSUE SUCH AN ORDER UPON RECEIPT OF
AN AFFIDAVIT FROM SUCH INDIVIDUAL ATTESTING TO THEIR GENDER IDENTITY OR
REASON FOR THE CHANGE. NO ADDITIONAL MEDICAL EVIDENCE SHALL BE REQUIRED
TO GRANT SUCH REQUEST. NO SUCH ORDER SHALL BE REQUIRED TO AMEND AN IDEN-
TITY DOCUMENT ISSUED WITHIN NEW YORK STATE. NO SUCH ORDER SHALL BE
REQUIRED TO OTHERWISE RECOGNIZE THE GENDER OF AN INDIVIDUAL AND TREAT
THEM CONSISTENT WITH THEIR GENDER IDENTITY WITHIN NEW YORK STATE OR
UNDER NEW YORK STATE LAW.
3. SUCH REQUEST MAY BE MADE SIMULTANEOUSLY WITH A PETITION FOR CHANGE
OF NAME PURSUANT TO SECTION SIXTY OR SIXTY-FIVE OF THIS CHAPTER OR ON
ITS OWN.
§ 67-A. ORDER. IF THE COURT TO WHICH THE PETITION IS PRESENTED IS
SATISFIED THEREBY, OR BY THE AFFIDAVIT AND CERTIFICATE PRESENTED THERE-
WITH, AND THAT THERE IS NO REASONABLE OBJECTION TO THE CHANGE OF SEX
DESIGNATION OR GENDER DESIGNATION PROPOSED, AND IF THE PETITION IS TO
CHANGE THE SEX DESIGNATION OR GENDER DESIGNATION OF AN INFANT, THAT THE
INTERESTS OF THE INFANT WILL BE SUBSTANTIALLY PROMOTED BY THE CHANGE,
THE COURT SHALL MAKE AN ORDER AUTHORIZING THE PETITIONER TO ASSUME THE
SEX DESIGNATION OR GENDER DESIGNATION PROPOSED.
§ 67-B. SEALING CHANGE OF SEX DESIGNATION OR GENDER DESIGNATION
PAPERS. 1. UPON REQUEST OF THE APPLICANT, THE COURT SHALL ORDER THE
RECORDS OF SUCH CHANGE OF SEX DESIGNATION OR GENDER DESIGNATION PROCEED-
ING TO BE SEALED, TO BE OPENED ONLY BY ORDER OF THE COURT FOR GOOD CAUSE
SHOWN OR AT THE REQUEST OF THE APPLICANT.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PENDING SUCH A FINDING
IN SUBDIVISION ONE OF THIS SECTION WHERE AN APPLICANT SEEKS RELIEF UNDER
THIS SECTION, THE COURT SHALL IMMEDIATELY ORDER THE APPLICANT'S CURRENT
NAME, SEX DESIGNATION, PROPOSED NEW SEX DESIGNATION OR GENDER DESIG-
NATION, RESIDENTIAL AND BUSINESS ADDRESSES, TELEPHONE NUMBERS, AND ANY
OTHER INFORMATION CONTAINED IN ANY PLEADINGS OR PAPERS SUBMITTED TO THE
COURT TO BE SAFEGUARDED AND SEALED IN ORDER TO PREVENT THEIR INADVERTENT
OR UNAUTHORIZED USE OR DISCLOSURE WHILE THE MATTER IS PENDING.
§ 67-C. EFFECT ON GOVERNMENT ISSUED IDENTITY DOCUMENTS. ANY STATE
AGENCY THAT MAINTAINS A SYSTEM OR ISSUES AN IDENTITY DOCUMENT REQUIRING
A SEX DESIGNATION OR GENDER DESIGNATION THAT, DUE TO FEDERAL LAW OR
SYSTEMS PROCESSING REQUIREMENTS, IS UNABLE TO PROCESS OR CHANGE SUCH
RECORD OR DOCUMENT CONSISTENT WITH AN ORDER ISSUED PURSUANT TO THIS
SECTION SHALL MAKE REASONABLE EFFORTS TO OTHERWISE ACCOMMODATE SUCH
REQUEST.
§ 5. 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 S
Section 1. Section 11 of chapter 884 of the laws of 1990, amending the
public health law relating to authorizing bad debt and charity care
allowances for certified home health agencies, as amended by section 3
of part E of chapter 57 of the laws of 2019, is amended to read as
follows:
S. 2507--A 71 A. 3007--A
§ 11. This act shall take effect immediately and:
(a) sections one and three shall expire on December 31, 1996,
(b) sections four through ten shall expire on June 30, [2021] 2023,
and
(c) provided that the amendment to section 2807-b of the public health
law by section two of this act shall not affect the expiration of such
section 2807-b as otherwise provided by law and shall be deemed to
expire therewith.
§ 2. Subdivision (a) of section 40 of part B of chapter 109 of the
laws of 2010, amending the social services law relating to transporta-
tion costs, as amended by section 5 of part E of chapter 57 of the laws
of 2019, is amended to read as follows:
(a) sections two, three, three-a, three-b, three-c, three-d, three-e
and twenty-one of this act shall take effect July 1, 2010; sections
fifteen, sixteen, seventeen, eighteen and nineteen of this act shall
take effect January 1, 2011; [and provided further that section twenty
of this act shall be deemed repealed ten years after the date the
contract entered into pursuant to section 365-h of the social services
law, as amended by section twenty of this act, is executed; provided
that the commissioner of health shall notify the legislative bill draft-
ing commission upon the execution of the contract entered into pursuant
to section 367-h of the social services law in order that the commission
may maintain an accurate and timely effective data base of the official
text of the laws of the state of New York in furtherance of effectuating
the provisions of section 44 of the legislative law and section 70-b of
the public officers law;]
§ 3. Subdivision 5-a of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 12 of part E of
chapter 57 of the laws of 2019, is amended to read as follows:
5-a. Section sixty-four-a of this act shall be deemed to have been in
full force and effect on and after April 1, 1995 through March 31, 1999
and on and after July 1, 1999 through March 31, 2000 and on and after
April 1, 2000 through March 31, 2003 and on and after April 1, 2003
through March 31, 2007, and on and after April 1, 2007 through March 31,
2009, and on and after April 1, 2009 through March 31, 2011, and on and
after April 1, 2011 through March 31, 2013, and on and after April 1,
2013 through March 31, 2015, and on and after April 1, 2015 through
March 31, 2017 and on and after April 1, 2017 through March 31, 2019,
and on and after April 1, 2019 through March 31, 2021, AND ON AND AFTER
APRIL 1, 2021 THROUGH MARCH 31, 2023;
§ 4. Section 64-b of chapter 81 of the laws of 1995, amending the
public health law and other laws relating to medical reimbursement and
welfare reform, as amended by section 13 of part E of chapter 57 of the
laws of 2019, is amended to read as follows:
§ 64-b. Notwithstanding any inconsistent provision of law, the
provisions of subdivision 7 of section 3614 of the public health law, as
amended, shall remain and be in full force and effect on April 1, 1995
through March 31, 1999 and on July 1, 1999 through March 31, 2000 and on
and after April 1, 2000 through March 31, 2003 and on and after April 1,
2003 through March 31, 2007, and on and after April 1, 2007 through
March 31, 2009, and on and after April 1, 2009 through March 31, 2011,
and on and after April 1, 2011 through March 31, 2013, and on and after
April 1, 2013 through March 31, 2015, and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
S. 2507--A 72 A. 3007--A
2019, and on and after April 1, 2019 through March 31, 2021, AND ON AND
AFTER APRIL 1, 2021 THROUGH MARCH 31, 2023.
§ 5. Section 4-a of part A of chapter 56 of the laws of 2013, amending
chapter 59 of the laws of 2011 amending the public health law and other
laws relating to general hospital reimbursement for annual rates, as
amended by section 14 of part E of chapter 57 of the laws of 2019, is
amended to read as follows:
§ 4-a. Notwithstanding paragraph (c) of subdivision 10 of section
2807-c of the public health law, section 21 of chapter 1 of the laws of
1999, or any other contrary provision of law, in determining rates of
payments by state governmental agencies effective for services provided
on and after January 1, 2017 through March 31, [2021] 2023, for inpa-
tient and outpatient services provided by general hospitals, for inpa-
tient services and adult day health care outpatient services provided by
residential health care facilities pursuant to article 28 of the public
health law, except for residential health care facilities or units of
such facilities providing services primarily to children under twenty-
one years of age, for home health care services provided pursuant to
article 36 of the public health law by certified home health agencies,
long term home health care programs and AIDS home care programs, and for
personal care services provided pursuant to section 365-a of the social
services law, the commissioner of health shall apply no greater than
zero trend factors attributable to the 2017, 2018, 2019, 2020, [and]
2021, 2022 AND 2023 calendar years in accordance with paragraph (c) of
subdivision 10 of section 2807-c of the public health law, provided,
however, that such no greater than zero trend factors attributable to
such 2017, 2018, 2019, 2020, [and] 2021, 2022 AND 2023 calendar years
shall also be applied to rates of payment provided on and after January
1, 2017 through March 31, [2021] 2023 for personal care services
provided in those local social services districts, including New York
city, whose rates of payment for such services are established by such
local social services districts pursuant to a rate-setting exemption
issued by the commissioner of health to such local social services
districts in accordance with applicable regulations; and provided
further, however, that for rates of payment for assisted living program
services provided on and after January 1, 2017 through March 31, [2021]
2023, such trend factors attributable to the 2017, 2018, 2019, 2020,
[and] 2021, 2022 AND 2023 calendar years shall be established at no
greater than zero percent.
§ 6. Subdivision 2 of section 246 of chapter 81 of the laws of 1995,
amending the public health law and other laws relating to medical
reimbursement and welfare reform, as amended by section 17 of part E of
chapter 57 of the laws of 2019, is amended to read as follows:
2. Sections five, seven through nine, twelve through fourteen, and
eighteen of this act shall be deemed to have been in full force and
effect on and after April 1, 1995 through March 31, 1999 and on and
after July 1, 1999 through March 31, 2000 and on and after April 1, 2000
through March 31, 2003 and on and after April 1, 2003 through March 31,
2006 and on and after April 1, 2006 through March 31, 2007 and on and
after April 1, 2007 through March 31, 2009 and on and after April 1,
2009 through March 31, 2011 and sections twelve, thirteen and fourteen
of this act shall be deemed to be in full force and effect on and after
April 1, 2011 through March 31, 2015 and on and after April 1, 2015
through March 31, 2017 and on and after April 1, 2017 through March 31,
2019, and on and after April 1, 2019 through March 31, 2021, AND ON AND
AFTER APRIL 1, 2021 THROUGH MARCH 31, 2023;
S. 2507--A 73 A. 3007--A
§ 7. Section 7 of part H of chapter 57 of the laws of 2019, amending
the public health law relating to waiver of certain regulations, as
amended by section 11 of part BB of chapter 56 of the laws of 2020, 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, [2021]
2024.
§ 8. Section 5 of chapter 517 of the laws of 2016, amending the public
health law relating to payments from the New York state medical indem-
nity fund, as amended by section 18 of part Y of chapter 56 of the laws
of 2020, 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, [2021] 2022.
§ 9. Subdivision 1 of section 2999-aa of the public health law, as
amended by chapter 80 of the laws of 2017, is amended to read as
follows:
1. In order to promote improved quality and efficiency of, and access
to, health care services and to promote improved clinical outcomes to
the residents of New York, it shall be the policy of the state to
encourage, where appropriate, cooperative, collaborative and integrative
arrangements including but not limited to, mergers and acquisitions
among health care providers or among others who might otherwise be
competitors, under the active supervision of the commissioner. To the
extent such arrangements, or the planning and negotiations that precede
them, might be anti-competitive within the meaning and intent of the
state and federal antitrust laws, the intent of the state is to supplant
competition with such arrangements under the active supervision and
related administrative actions of the commissioner as necessary to
accomplish the purposes of this article, and to provide state action
immunity under the state and federal antitrust laws with respect to
activities undertaken by health care providers and others pursuant to
this article, where the benefits of such active supervision, arrange-
ments and actions of the commissioner outweigh any disadvantages likely
to result from a reduction of competition. The commissioner shall not
approve an arrangement for which state action immunity is sought under
this article without first consulting with, and receiving a recommenda-
tion from, the public health and health planning council. No arrangement
under this article shall be approved after December thirty-first, two
thousand [twenty] TWENTY-FOUR.
§ 10. Section 3 of part D of chapter 56 of the laws of 2014, amending
the education law relating to the nurse practitioners modernization act,
is amended to read as follows:
§ 3. This act shall take effect on the first of January after it shall
have become a law and shall expire June 30 of the [sixth] TWELFTH year
after it shall have become a law, when upon such date the provisions of
this act shall be deemed repealed; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date is authorized and directed to be made and completed on or before
such effective date.
S. 2507--A 74 A. 3007--A
§ 11. Subparagraph (vi) of paragraph (b) of subdivision 2 of section
2807-d of the public health law, as amended by section 9 of part E of
chapter 57 of the laws of 2019, is amended to read as follows:
(vi) Notwithstanding any contrary provision of this paragraph or any
other provision of law or regulation to the contrary, for residential
health care facilities the assessment shall be six percent of each resi-
dential health care facility's gross receipts received from all patient
care services and other operating income on a cash basis for the period
April first, two thousand two through March thirty-first, two thousand
three for hospital or health-related services, including adult day
services; provided, however, that residential health care facilities'
gross receipts attributable to payments received pursuant to title XVIII
of the federal social security act (medicare) shall be excluded from the
assessment; provided, however, that for all such gross receipts received
on or after April first, two thousand three through March thirty-first,
two thousand five, such assessment shall be five percent, and further
provided that for all such gross receipts received on or after April
first, two thousand five through March thirty-first, two thousand nine,
and on or after April first, two thousand nine through March thirty-
first, two thousand eleven such assessment shall be six percent, and
further provided that for all such gross receipts received on or after
April first, two thousand eleven through March thirty-first, two thou-
sand thirteen such assessment shall be six percent, and further provided
that for all such gross receipts received on or after April first, two
thousand thirteen through March thirty-first, two thousand fifteen such
assessment shall be six percent, and further provided that for all such
gross receipts received on or after April first, two thousand fifteen
through March thirty-first, two thousand seventeen such assessment shall
be six percent, and further provided that for all such gross receipts
received on or after April first, two thousand seventeen through March
thirty-first, two thousand nineteen such assessment shall be six
percent, and further provided that for all such gross receipts received
on or after April first, two thousand nineteen through March thirty-
first, two thousand twenty-one such assessment shall be six percent, AND
FURTHER PROVIDED THAT FOR ALL SUCH GROSS RECEIPTS RECEIVED ON OR AFTER
APRIL FIRST, TWO THOUSAND TWENTY-ONE THROUGH MARCH THIRTY-FIRST, TWO
THOUSAND TWENTY-THREE SUCH ASSESSMENT SHALL BE SIX PERCENT.
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021.
PART T
Section 1. Section 3 of part A of chapter 111 of the laws of 2010
amending the mental hygiene law relating to the receipt of federal and
state benefits received by individuals receiving care in facilities
operated by an office of the department of mental hygiene, as amended by
section 1 of part X of chapter 57 of the laws of 2018, is amended to
read as follows:
§ 3. This act shall take effect immediately; and shall expire and be
deemed repealed June 30, [2021] 2024.
§ 2. This act shall take effect immediately.
PART U
Section 1. Section 4 of part L of chapter 59 of the laws of 2016,
amending the mental hygiene law relating to the appointment of temporary
S. 2507--A 75 A. 3007--A
operators for the continued operation of programs and the provision of
services for persons with serious mental illness and/or developmental
disabilities and/or chemical dependence, is amended to read as follows:
§ 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016; provided,
however, that sections one and two of this act shall expire and be
deemed repealed on March 31, [2021] 2026.
§ 2. This act shall take effect immediately.
PART V
Section 1. Section 2 of part NN of chapter 58 of the laws of 2015,
amending the mental hygiene law relating to clarifying the authority of
the commissioners in the department of mental hygiene to design and
implement time-limited demonstration programs, as amended by section 1
of part U of chapter 57 of the laws of 2018, is amended to read as
follows:
§ 2. This act shall take effect immediately and shall expire and be
deemed repealed March 31, [2021] 2024.
§ 2. This act shall take effect immediately.
PART W
Section 1. Section 7 of part R2 of chapter 62 of the laws of 2003,
amending the mental hygiene law and the state finance law relating to
the community mental health support and workforce reinvestment program,
the membership of subcommittees for mental health of community services
boards and the duties of such subcommittees and creating the community
mental health and workforce reinvestment account, as amended by section
1 of part V of chapter 57 of the laws of 2018, is amended to read as
follows:
§ 7. This act shall take effect immediately and shall expire March 31,
[2021] 2024 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART X
Section 1. Notwithstanding the provisions of subdivisions (b) and (e)
of section 7.17 and section 41.55 of the mental hygiene law or any other
law to the contrary, the office of mental health is authorized in state
fiscal year 2021-22 to close, consolidate, reduce, transfer or otherwise
redesign services of hospitals, other facilities and programs operated
by the office of mental health, and to implement significant service
reductions and reconfigurations according to this section as shall be
determined by the commissioner of mental health to be necessary for the
cost-effective and efficient operation of such hospitals, other facili-
ties and programs. Any transfers of capacity or any resulting transfer
of functions shall be authorized to be made by the commissioner of
mental health and any transfer of personnel upon such transfer of capac-
ity or transfer of functions shall be accomplished in accordance with
the provisions of subdivision 2 of section 70 of the civil service law.
§ 2. This act shall take effect immediately and shall expire March 31,
2022 when upon such date the provisions of this act shall be deemed
repealed.
S. 2507--A 76 A. 3007--A
PART Y
Section 1. Section 19.07 of the mental hygiene law, as added by chap-
ter 223 of the laws of 1992, subdivisions (a) and (g) as amended by
chapter 271 of the laws of 2010, subdivisions (b) and (c) as amended by
chapter 281 of the laws of 2019, subdivision (d) as amended by section 5
of part I of chapter 58 of the laws of 2005, subdivision (e) as amended
by chapter 558 of the laws of 1999, subdivision (f) as added by chapter
383 of the laws of 1998, subdivision (h) as amended by section 118-f of
subpart B of part C of chapter 62 of the laws of 2011, subdivision (i)
as amended by section 31-a of part AA of chapter 56 of the laws of 2019,
subdivision (j) as amended by chapter 146 of the laws of 2014, subdivi-
sion (k) as added by chapter 40 of the laws of 2014, subdivision (l) as
added by chapter 323 of the laws of 2018 and subdivision (m) as added by
chapter 493 of the laws of 2019, is amended to read as follows:
§ 19.07 Office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS; scope of responsibilities.
(a) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS is charged with the responsibility for assuring
the development of comprehensive plans, programs, and services in the
areas of research, prevention, care, treatment, rehabilitation, includ-
ing relapse prevention and recovery maintenance, education, and training
of persons who [abuse or are dependent on alcohol and/or substances]
HAVE OR ARE AT RISK OF AN ADDICTIVE DISORDER and their families. THE
TERM ADDICTIVE DISORDER SHALL INCLUDE GAMBLING DISORDER EDUCATION,
PREVENTION AND TREATMENT CONSISTENT WITH SECTION 41.57 OF THIS CHAPTER.
Such plans, programs, and services shall be developed with the cooper-
ation of the office, the other offices of the department where appropri-
ate, local governments, consumers and community organizations and enti-
ties. The office shall provide appropriate facilities and shall
encourage the provision of facilities by local government and community
organizations and entities. [The office is also responsible for develop-
ing plans, programs and services related to compulsive gambling educa-
tion, prevention and treatment consistent with section 41.57 of this
chapter.]
(b) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall advise and assist the governor in improving
services and developing policies designed to meet the needs of persons
who suffer from OR ARE AT RISK OF an addictive disorder and their fami-
lies, and to encourage their rehabilitation, maintenance of recovery,
and functioning in society.
(c) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall have the responsibility for seeing that
persons who suffer from OR ARE AT RISK OF an addictive disorder and
their families are provided with addiction services, care and treatment,
and that such services, care, treatment and rehabilitation is of high
quality and effectiveness, and that the personal and civil rights of
persons seeking and receiving addiction services, care, treatment and
rehabilitation are adequately protected.
(d) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall foster programs for the training and devel-
opment of persons capable of providing the foregoing services, including
but not limited to a process of issuing, either directly or through
contract, LICENSES, credentials, CERTIFICATES OR AUTHORIZATIONS for
[alcoholism and substance abuse counselors or gambling] addiction [coun-
selors] PROFESSIONALS in accordance with the following:
S. 2507--A 77 A. 3007--A
(1) The office shall establish minimum qualifications [for counselors]
AND A DEFINITION OF THE PRACTICE OF THE PROFESSION OF AN ADDICTION
PROFESSIONAL in all phases of delivery of services to persons and their
families who are suffering from [alcohol and/or substance abuse and/or
chemical dependence and/or compulsive gambling that shall include] OR
ARE AT RISK OF AN ADDICTIVE DISORDER INCLUDING, but not be limited to,
completion of approved courses of study or equivalent on-the-job experi-
ence in [alcoholism and substance abuse counseling and/or counseling of
compulsive gambling] ADDICTION DISORDER SERVICES.
(i) The office shall establish procedures for issuing, directly or
through contract, LICENSES, credentials, CERTIFICATES OR AUTHORIZATIONS
to [counselors] ADDICTION PROFESSIONALS who meet minimum qualifications,
including the establishment of appropriate fees, and shall further
establish procedures to suspend, revoke, or annul such LICENSES, creden-
tials, CERTIFICATES OR AUTHORIZATIONS for good cause. Such procedures
shall be promulgated by the commissioner by rule or regulation.
(ii) The commissioner shall establish [a credentialing] AN ADDICTION
PROFESSIONALS board which shall provide advice concerning the LICENSING,
credentialing, CERTIFICATION OR AUTHORIZATION process.
(III) THE COMMISSIONER SHALL ESTABLISH FEES FOR THE EDUCATION, TRAIN-
ING, LICENSING, CREDENTIALING, CERTIFICATION OR AUTHORIZATION OF
ADDICTION PROFESSIONALS.
(2) The establishment, with the advice of the advisory council on
alcoholism and substance abuse services, of minimum qualifications for
[counselors] ADDICTION PROFESSIONALS in all phases of delivery of
services to those suffering from [alcoholism, substance and/or chemical
abuse and/or dependence and/or compulsive gambling] OR AT RISK OF ADDIC-
TIVE DISORDERS and their families that shall include, but not be limited
to, completion of approved courses of study or equivalent on-the-job
experience in [counseling for alcoholism, substance and/or chemical
abuse and/or dependence] ADDICTION DISORDER SERVICES and/or [compulsive]
gambling DISORDER SERVICES, and ESTABLISH APPROPRIATE FEES, issue
LICENSES, credentials, CERTIFICATES OR AUTHORIZATIONS to [counselors]
ADDICTION PROFESSIONALS who meet minimum qualifications and suspend,
revoke, or annul such LICENSES, credentials, CERTIFICATES OR AUTHORI-
ZATIONS for good cause in accordance with procedures promulgated by the
commissioner by rule or regulation.
(3) For the purpose of this title, the term "ADDICTION PROFESSIONAL",
INCLUDING "credentialed alcoholism and substance abuse counselor" or
"C.A.S.A.C.", means an official designation identifying an individual as
one who holds a currently registered and valid LICENSE, credential,
CERTIFICATE OR AUTHORIZATION issued OR APPROVED by the office of [alco-
holism and substance abuse services] ADDICTION SERVICES AND SUPPORTS
pursuant to this section which documents an individual's qualifications
to provide [alcoholism and substance abuse counseling] ADDICTION DISOR-
DER SERVICES. The term "gambling addiction [counselor"] PROFESSIONAL"
means an official designation identifying an individual as one who holds
a currently registered and valid LICENSE, credential, CERTIFICATE OR
AUTHORIZATION issued by the office of [alcoholism and substance abuse
services] ADDICTION SERVICES AND SUPPORTS pursuant to this section which
documents an individual's qualifications to provide [compulsive] gambl-
ing [counseling] DISORDER SERVICES.
(i) No person shall use the title [credentialed alcoholism and
substance abuse counselor or "C.A.S.A.C." or gambling addiction counse-
lor] "ADDICTION PROFESSIONAL" OR THE TITLE GIVEN TO ANY LICENSES,
CREDENTIALS, CERTIFICATES OR AUTHORIZATIONS ISSUED BY THE OFFICE unless
S. 2507--A 78 A. 3007--A
authorized [pursuant to] BY THE COMMISSIONER IN ACCORDANCE WITH this
title.
(ii) Failure to comply with the requirements of this section shall
constitute a violation as defined in the penal law.
(4) All persons holding previously issued and valid alcoholism or
substance abuse counselor credentials ISSUED BY THE OFFICE OR AN ENTITY
DESIGNATED BY THE OFFICE, INCLUDING A CREDENTIALED ALCOHOLISM AND
SUBSTANCE ABUSE COUNSELOR, CERTIFIED PREVENTION SPECIALIST, CREDENTIALED
PREVENTION PROFESSIONAL, CREDENTIALED PROBLEM GAMBLING COUNSELOR, GAMBL-
ING SPECIALTY DESIGNATION, CERTIFIED RECOVERY PEER ADVOCATE, on the
effective date of amendments to this section shall be deemed [C.A.S.A.C.
designated] AN ADDICTION PROFESSIONAL CONSISTENT WITH THEIR EXPERIENCE
AND EDUCATION.
(e) Consistent with the requirements of subdivision (b) of section
5.05 of this chapter, the office shall carry out the provisions of arti-
cle thirty-two of this chapter as such article pertains to regulation
and quality control of [chemical dependence] ADDICTION DISORDER
services, including but not limited to the establishment of standards
for determining the necessity and appropriateness of care and services
provided by [chemical dependence] ADDICTION DISORDER providers of
services. In implementing this subdivision, the commissioner, in consul-
tation with the commissioner of health, shall adopt standards including
necessary rules and regulations including but not limited to those for
determining the necessity or appropriate level of admission, controlling
the length of stay and the provision of services, and establishing the
methods and procedures for making such determination.
(f) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall develop a list of all agencies throughout
the state which are currently certified by the office and are capable of
and available to provide evaluations in accordance with section sixty-
five-b of the alcoholic beverage control law so as to determine need for
treatment pursuant to such section and to assure the availability of
such evaluation services by a certified agency within a reasonable
distance of every court of a local jurisdiction in the state. Such list
shall be updated on a regular basis and shall be made available to every
supreme court law library in this state, or, if no supreme court law
library is available in a certain county, to the county court library of
such county. THE COMMISSIONER MAY ESTABLISH AN ANNUAL FEE FOR INCLUSION
ON SUCH LIST.
(g) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall develop and maintain a list of the names and
locations of all licensed agencies and [alcohol and substance abuse]
ADDICTION professionals, as defined in paragraphs (a) and (b) of subdi-
vision one of section eleven hundred ninety-eight-a of the vehicle and
traffic law, throughout the state which are capable of and available to
provide an assessment of, and treatment for, [alcohol and substance
abuse and dependency] ADDICTION DISORDERS. Such list shall be provided
to the chief administrator of the office of court administration and the
commissioner of motor vehicles. Persons who may be aggrieved by an agen-
cy decision regarding inclusion on the list may request an administra-
tive appeal in accordance with rules and regulations of the office. THE
COMMISSIONER MAY ESTABLISH AN ANNUAL FEE FOR INCLUSION ON SUCH LIST.
(h) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall monitor programs providing care and treat-
ment to inmates in correctional facilities operated by the department of
corrections and community supervision who have a history of [alcohol or
S. 2507--A 79 A. 3007--A
substance abuse or dependence] AN ADDICTION DISORDER. The office shall
also develop guidelines for the operation of [alcohol and substance
abuse treatment programs] ADDICTION DISORDER SERVICES in such correc-
tional facilities in order to ensure that such programs sufficiently
meet the needs of inmates with a history of [alcohol or substance abuse
or dependence] AN ADDICTION DISORDER and promote the successful transi-
tion to treatment in the community upon release. No later than the first
day of December of each year, the office shall submit a report regarding
the adequacy and effectiveness of alcohol and substance abuse treatment
programs operated by the department of corrections and community super-
vision to the governor, the temporary president of the senate, the
speaker of the assembly, the chairman of the senate committee on crime
victims, crime and correction, and the chairman of the assembly commit-
tee on correction.
(i) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS shall periodically, in consultation with the state
director of veterans' services: (1) review the programs operated by the
office to ensure that the needs of the state's veterans who served in
the U.S. armed forces and who are recovering from [alcohol and/or
substance abuse] AN ADDICTION DISORDER are being met and to develop
improvements to programs to meet such needs; and (2) in collaboration
with the state director of veterans' services and the commissioner of
the office of mental health, review and make recommendations to improve
programs that provide treatment, rehabilitation, relapse prevention, and
recovery services to veterans who have served in a combat theatre or
combat zone of operations and have a co-occurring mental health and
[alcoholism or substance abuse] ADDICTION disorder.
(j) The office, in consultation with the state education department,
shall identify or develop materials on problem gambling among school-age
youth which may be used by school districts and boards of cooperative
educational services, at their option, to educate students on the
dangers and consequences of problem gambling as they deem appropriate.
Such materials shall be available on the internet website of the state
education department. The internet website of the office shall provide a
hyperlink to the internet page of the state education department that
displays such materials.
(k) Heroin and opioid addiction awareness and education program. The
commissioner, in cooperation with the commissioner of the department of
health, shall develop and conduct a public awareness and educational
campaign on heroin and opioid addiction. The campaign shall utilize
public forums, social media and mass media, including, but not limited
to, internet, radio, and print advertising such as billboards and post-
ers and shall also include posting of materials and information on the
office website. The campaign shall be tailored to educate youth,
parents, healthcare professionals and the general public regarding: (1)
the risks associated with the abuse and misuse of heroin and opioids;
(2) how to recognize the signs of addiction; and (3) the resources
available for those needing assistance with heroin or opioid addiction.
The campaign shall further be designed to enhance awareness of the
opioid overdose prevention program authorized pursuant to section thir-
ty-three hundred nine of the public health law and the "Good Samaritan
law" established pursuant to sections 220.03 and 220.78 of the penal law
and section 390.40 of the criminal procedure law, and to reduce the
stigma associated with addiction.
(l) The office of [alcoholism and substance abuse services] ADDICTION
SERVICES AND SUPPORTS, in consultation with the state education depart-
S. 2507--A 80 A. 3007--A
ment, shall develop or utilize existing educational materials to be
provided to school districts and boards of cooperative educational
services for use in addition to or in conjunction with any drug and
alcohol related curriculum regarding the misuse and abuse of alcohol,
tobacco, prescription medication and other drugs with an increased focus
on substances that are most prevalent among school aged youth as such
term is defined in section eight hundred four of the education law. Such
materials shall be age appropriate for school age children, and to the
extent practicable, shall include information or resources for parents
to identify the warning signs and address the risks of substance [abuse]
MISUSE AND ADDICTION.
(m) (1) The office shall report on the status and outcomes of initi-
atives created in response to the heroin and opioid epidemic to the
temporary president of the senate, the speaker of the assembly, the
chairs of the assembly and senate committees on alcoholism and drug
abuse, the chair of the assembly ways and means committee and the chair
of the senate finance committee.
(2) Such reports shall include, to the extent practicable and applica-
ble, information on:
(i) The number of individuals enrolled in the initiative in the
preceding quarter;
(ii) The number of individuals who completed the treatment program in
the preceding quarter;
(iii) The number of individuals discharged from the treatment program
in the preceding quarter;
(iv) The age and sex of the individuals served;
(v) Relevant regional data about the individuals;
(vi) The populations served; and
(vii) The outcomes and effectiveness of each initiative surveyed.
(3) Such initiatives shall include opioid treatment programs, crisis
detoxification programs, 24/7 open access centers, adolescent club hous-
es, family navigator programs, peer engagement specialists, recovery
community and outreach centers, regional addiction resource centers and
the state implementation of the federal opioid state targeted response
initiatives.
(4) Such information shall be provided quarterly, beginning no later
than July first, two thousand nineteen.
§ 2. This act shall take effect April 1, 2021.
PART Z
Section 1. The opening paragraph of subdivision (g) of section 31.16
of the mental hygiene law, as amended by chapter 351 of the laws of
1994, is amended to read as follows:
The commissioner may impose [a fine] SANCTIONS upon a finding that the
holder of the certificate has failed to comply with the terms of the
operating certificate or with the provisions of any applicable statute,
rule or regulation. [The maximum amount of such fine shall not exceed
one thousand dollars per day or fifteen thousand dollars per violation.]
THE COMMISSIONER IS AUTHORIZED TO DEVELOP A SCHEDULE FOR THE PURPOSE OF
IMPOSING SUCH SANCTIONS.
§ 2. Subdivision (a) of section 31.04 of the mental hygiene law is
amended by adding a new paragraph 8 to read as follows:
8. ESTABLISHING A SCHEDULE OF FEES FOR THE PURPOSE OF PROCESSING
APPLICATIONS FOR THE ISSUANCE OF OPERATING CERTIFICATES. ALL FEES PURSU-
S. 2507--A 81 A. 3007--A
ANT TO THIS SECTION SHALL BE PAYABLE TO THE OFFICE FOR DEPOSIT INTO THE
GENERAL FUND.
§ 3. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the commis-
sioner of mental health is authorized to promulgate any and all rules
and regulations and take any other measures necessary to implement this
act on its effective date or before such date.
PART AA
Section 1. This Part enacts into law legislation relating to crisis
stabilization services, Kendra's law and assisted outpatient treatment
and involuntary commitment. Each component is wholly contained within a
Subpart identified as Subparts A through C. The effective date for each
particular provision contained within each Subpart is set forth in the
last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date of the Subpart, which
makes a reference to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this Part sets forth the general effective date of this Part.
SUBPART A
Section 1. The mental hygiene law is amended by adding a new section
31.36 to read as follows:
§ 31.36 CRISIS STABILIZATION SERVICES.
THE COMMISSIONER SHALL HAVE THE POWER, IN CONJUNCTION WITH THE COMMIS-
SIONER OF THE OFFICE OF ADDICTION SERVICES AND SUPPORTS, TO CREATE
CRISIS STABILIZATION CENTERS WITHIN NEW YORK STATE IN ACCORDANCE WITH
ARTICLE THIRTY-SIX OF THIS TITLE, INCLUDING THE PROMULGATION OF JOINT
REGULATIONS AND IMPLEMENTATION OF A FINANCING MECHANISM TO ALLOW FOR THE
SUSTAINABLE OPERATION OF SUCH PROGRAMS.
§ 2. The mental hygiene law is amended by adding a new section 32.36
to read as follows:
§ 32.36 CRISIS STABILIZATION SERVICES.
THE COMMISSIONER SHALL HAVE THE POWER, IN CONJUNCTION WITH THE COMMIS-
SIONER OF THE OFFICE OF MENTAL HEALTH, TO CREATE CRISIS STABILIZATION
CENTERS WITHIN NEW YORK STATE IN ACCORDANCE WITH ARTICLE THIRTY-SIX OF
THIS TITLE, INCLUDING THE PROMULGATION OF JOINT REGULATIONS AND IMPLE-
MENTATION OF A FINANCING MECHANISM TO ALLOW FOR THE SUSTAINABLE OPERA-
TION OF SUCH PROGRAMS.
§ 3. The mental hygiene law is amended by adding a new article 36 to
read as follows:
ARTICLE XXXVI
ADDICTION AND MENTAL HEALTH SERVICES AND SUPPORTS
SECTION 36.01 CRISIS STABILIZATION CENTERS.
§ 36.01 CRISIS STABILIZATION CENTERS.
(A) (1) THE COMMISSIONERS ARE AUTHORIZED TO JOINTLY LICENSE CRISIS
STABILIZATION CENTERS SUBJECT TO THE AVAILABILITY OF STATE AND FEDERAL
FUNDING.
(2) A CRISIS STABILIZATION CENTER SHALL SERVE AS AN EMERGENCY SERVICE
PROVIDER FOR PERSONS WITH PSYCHIATRIC AND/OR SUBSTANCE USE DISORDER THAT
ARE IN NEED OF CRISIS STABILIZATION SERVICES. EACH CRISIS STABILIZATION
CENTER SHALL PROVIDE OR CONTRACT TO PROVIDE CRISIS STABILIZATION
S. 2507--A 82 A. 3007--A
SERVICES FOR MENTAL HEALTH OR SUBSTANCE USE TWENTY-FOUR HOURS PER DAY,
SEVEN DAYS PER WEEK, INCLUDING BUT NOT LIMITED TO:
(I) ENGAGEMENT, TRIAGE AND ASSESSMENT;
(II) CONTINUOUS OBSERVATION;
(III) MILD TO MODERATE DETOXIFICATION;
(IV) SOBERING SERVICES;
(V) THERAPEUTIC INTERVENTIONS;
(VI) DISCHARGE AND AFTER CARE PLANNING;
(VII) TELEMEDICINE;
(VIII) PEER SUPPORT SERVICES; AND
(IX) MEDICATION ASSISTED TREATMENT.
(3) THE COMMISSIONERS SHALL REQUIRE EACH CRISIS STABILIZATION CENTER
TO SUBMIT A PLAN. THE PLAN SHALL BE APPROVED BY THE COMMISSIONERS PRIOR
TO THE ISSUANCE OF AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE.
EACH PLAN SHALL INCLUDE:
(I) A DESCRIPTION OF THE CENTER'S CATCHMENT AREA,
(II) A DESCRIPTION OF THE CENTER'S CRISIS STABILIZATION SERVICES,
(III) AGREEMENTS OR AFFILIATIONS WITH HOSPITALS AS DEFINED IN SECTION
1.03 OF THIS CHAPTER,
(IV) AGREEMENTS OR AFFILIATIONS WITH GENERAL HOSPITALS OR LAW ENFORCE-
MENT TO RECEIVE PERSONS,
(V) A DESCRIPTION OF LOCAL RESOURCES AVAILABLE TO THE CENTER TO
PREVENT UNNECESSARY HOSPITALIZATIONS OF PERSONS,
(VI) A DESCRIPTION OF THE CENTER'S LINKAGES WITH LOCAL POLICE AGEN-
CIES, EMERGENCY MEDICAL SERVICES, AMBULANCE SERVICES AND OTHER TRANSPOR-
TATION AGENCIES,
(VII) A DESCRIPTION OF LOCAL RESOURCES AVAILABLE TO THE CENTER TO
PROVIDE APPROPRIATE COMMUNITY MENTAL HEALTH AND SUBSTANCE USE DISORDER
SERVICES UPON RELEASE,
(VIII) WRITTEN CRITERIA AND GUIDELINES FOR THE DEVELOPMENT OF APPRO-
PRIATE PLANNING FOR PERSONS IN NEED OF POST COMMUNITY TREATMENT OR
SERVICES,
(IX) A STATEMENT INDICATING THAT THE CENTER HAS BEEN INCLUDED IN AN
APPROVED LOCAL SERVICES PLAN DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF
THIS CHAPTER FOR EACH LOCAL GOVERNMENT LOCATED WITHIN THE CENTER'S
CATCHMENT AREA; AND
(X) ANY OTHER INFORMATION OR AGREEMENTS REQUIRED BY THE COMMISSIONERS.
(4) CRISIS STABILIZATION CENTERS SHALL PARTICIPATE IN COUNTY AND
COMMUNITY PLANNING ACTIVITIES ANNUALLY, AND AS ADDITIONALLY NEEDED, IN
ORDER TO PARTICIPATE IN LOCAL COMMUNITY SERVICE PLANNING PROCESSES TO
ENSURE, MAINTAIN, IMPROVE OR DEVELOP COMMUNITY SERVICES THAT DEMONSTRATE
RECOVERY OUTCOMES. THESE OUTCOMES INCLUDE, BUT ARE NOT LIMITED TO, QUAL-
ITY OF LIFE, SOCIO-ECONOMIC STATUS, ENTITLEMENT STATUS, SOCIAL NETWORK-
ING, COPING SKILLS AND REDUCTION IN USE OF CRISIS SERVICES.
(B) EACH CRISIS STABILIZATION CENTER SHALL BE STAFFED WITH A MULTIDIS-
CIPLINARY TEAM CAPABLE OF MEETING THE NEEDS OF INDIVIDUALS EXPERIENCING
ALL LEVELS OF CRISIS IN THE COMMUNITY BUT SHALL HAVE AT LEAST ONE
PSYCHIATRIST OR PSYCHIATRIC NURSE PRACTITIONER, A CREDENTIALED ALCOHOL-
ISM AND SUBSTANCE ABUSE COUNSELOR AND ONE PEER SUPPORT SPECIALIST ON
DUTY AND AVAILABLE AT ALL TIMES, PROVIDED, HOWEVER, THE COMMISSIONERS
MAY PROMULGATE REGULATIONS TO PERMIT THE ISSUANCE OF A WAIVER OF THIS
REQUIREMENT WHEN THE VOLUME OF SERVICE OF A CENTER DOES NOT REQUIRE SUCH
LEVEL OF STAFF COVERAGE.
(C) THE COMMISSIONERS SHALL PROMULGATE REGULATIONS NECESSARY TO THE
OPERATION OF SUCH CRISIS STABILIZATION CENTERS.
S. 2507--A 83 A. 3007--A
(D) FOR THE PURPOSE OF ADDRESSING UNIQUE RURAL SERVICE DELIVERY NEEDS
AND CONDITIONS, THE COMMISSIONERS SHALL PROVIDE TECHNICAL ASSISTANCE FOR
THE ESTABLISHMENT OF CRISIS STABILIZATION CENTERS OTHERWISE APPROVED
UNDER THE PROVISIONS OF THIS SECTION, INCLUDING TECHNICAL ASSISTANCE TO
PROMOTE AND FACILITATE THE ESTABLISHMENT OF SUCH CENTERS IN RURAL AREAS
IN THE STATE OR COMBINATIONS OF RURAL COUNTIES.
(E) THE COMMISSIONERS SHALL DEVELOP GUIDELINES FOR EDUCATIONAL MATERI-
ALS TO ASSIST CRISIS STABILIZATION CENTERS IN EDUCATING LOCAL PRACTI-
TIONERS, HOSPITALS, LAW ENFORCEMENT AND PEERS. SUCH MATERIALS SHALL
INCLUDE APPROPRIATE EDUCATION RELATING TO DE-ESCALATION TECHNIQUES,
CULTURAL COMPETENCY, THE RECOVERY PROCESS, MENTAL HEALTH, SUBSTANCE USE,
AND AVOIDANCE OF AGGRESSIVE CONFRONTATION.
§ 4. Section 9.41 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, is amended to read as follows:
§ 9.41 Emergency [admissions] ASSESSMENT for immediate observation,
care, and treatment; powers of certain peace officers and
police officers.
Any peace officer, when acting pursuant to his or her special duties,
or police officer who is a member of the state police or of an author-
ized police department or force or of a sheriff's department may take
into custody any person who appears to be mentally ill and is conducting
himself or herself in a manner which is likely to result in serious harm
to the person or others. Such officer may direct the removal of such
person or remove him or her to: (A) any hospital specified in subdivi-
sion (a) of section 9.39 OF THIS ARTICLE, or (B) any comprehensive
psychiatric emergency program specified in subdivision (a) of section
9.40 OF THIS ARTICLE, or[,] (C) TO ANY CRISIS STABILIZATION CENTER SPEC-
IFIED IN SECTION 36.01 OF THIS CHAPTER, WHEN THE OFFICER DEEMS SUCH
CENTER IS APPROPRIATE AND WHERE SUCH PERSON AGREES, OR (D) pending his
or her examination or admission to any such hospital [or], program, OR
CENTER, temporarily detain any such person in another safe and comforta-
ble place, in which event, such officer shall immediately notify the
director of community services or, if there be none, the health officer
of the city or county of such action.
§ 5. Section 9.43 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, is amended to read as follows:
§ 9.43 Emergency [admissions] ASSESSMENT for immediate observation,
care, and treatment; powers of courts.
(a) Whenever any court of inferior or general jurisdiction is informed
by verified statement that a person is apparently mentally ill and is
conducting himself or herself in a manner which in a person who is not
mentally ill would be deemed disorderly conduct or which is likely to
result in serious harm to himself or herself, such court shall issue a
warrant directing that such person be brought before it. If, when said
person is brought before the court, it appears to the court, on the
basis of evidence presented to it, that such person has or may have a
mental illness which is likely to result in serious harm to himself or
herself or others, the court shall issue a civil order directing his or
her removal to any hospital specified in subdivision (a) of section 9.39
OF THIS ARTICLE or any comprehensive psychiatric emergency program spec-
ified in subdivision (a) of section 9.40 OF THIS ARTICLE, OR TO ANY
CRISIS STABILIZATION CENTER SPECIFIED IN SECTION 36.01 OF THIS CHAPTER
WHEN THE COURT DEEMS SUCH CENTER IS APPROPRIATE AND WHERE SUCH PERSON
AGREES; THAT IS willing to receive such person for a determination by
the director of such hospital [or], program OR CENTER whether such
person should be [retained] RECEIVED therein pursuant to such section.
S. 2507--A 84 A. 3007--A
(b) Whenever a person before a court in a criminal action appears to
have a mental illness which is likely to result in serious harm to
himself or herself or others and the court determines either that the
crime has not been committed or that there is not sufficient cause to
believe that such person is guilty thereof, the court may issue a civil
order as above provided, and in such cases the criminal action shall
terminate.
§ 6. Section 9.45 of the mental hygiene law, as amended by chapter 723
of the laws of 1989 and the opening paragraph as amended by chapter 192
of the laws of 2005, is amended to read as follows:
§ 9.45 Emergency [admissions] ASSESSMENT for immediate observation,
care, and treatment; powers of directors of community
services.
The director of community services or the director's designee shall
have the power to direct the removal of any person, within his or her
jurisdiction, to a hospital approved by the commissioner pursuant to
subdivision (a) of section 9.39 of this article, or to a comprehensive
psychiatric emergency program pursuant to subdivision (a) of section
9.40 of this article, OR TO ANY CRISIS STABILIZATION CENTER SPECIFIED IN
SECTION 36.01 OF THIS CHAPTER WHEN THE DIRECTOR DEEMS SUCH CENTER IS
APPROPRIATE AND WHERE SUCH PERSON AGREES, if the parent, adult sibling,
spouse or child of the person, the committee or legal guardian of the
person, a licensed psychologist, registered professional nurse or certi-
fied social worker currently responsible for providing treatment
services to the person, a supportive or intensive case manager currently
assigned to the person by a case management program which program is
approved by the office of mental health for the purpose of reporting
under this section, a licensed physician, health officer, peace officer
or police officer reports to him or her that such person has a mental
illness for which immediate care and treatment [in a hospital] is appro-
priate and which is likely to result in serious harm to himself or
herself or others. It shall be the duty of peace officers, when acting
pursuant to their special duties, or police officers, who are members of
an authorized police department or force or of a sheriff's department to
assist representatives of such director to take into custody and trans-
port any such person. Upon the request of a director of community
services or the director's designee an ambulance service, as defined in
subdivision two of section three thousand one of the public health law,
is authorized to transport any such person. Such person may then be
retained in a hospital pursuant to the provisions of section 9.39 of
this article or in a comprehensive psychiatric emergency program pursu-
ant to the provisions of section 9.40 of this article OR TO ANY CRISIS
STABILIZATION CENTER SPECIFIED IN SECTION 36.01 OF THIS CHAPTER WHEN THE
DIRECTOR DEEMS SUCH CENTER IS APPROPRIATE AND WHERE SUCH PERSON AGREES.
§ 7. Subdivision (a) of section 9.58 of the mental hygiene law, as
added by chapter 678 of the laws of 1994, is amended to read as follows:
(a) A physician or qualified mental health professional who is a
member of an approved mobile crisis outreach team shall have the power
to remove, or pursuant to subdivision (b) of this section, to direct the
removal of any person WHO APPEARS TO BE MENTALLY ILL AND IS CONDUCTING
THEMSELVES IN A MANNER WHICH IS LIKELY TO RESULT IN SERIOUS HARM TO
THEMSELVES OR OTHERS, to a hospital approved by the commissioner pursu-
ant to subdivision (a) of section 9.39 or section 31.27 of this chapter
[for the purpose of evaluation for admission if such person appears to
be mentally ill and is conducting himself or herself in a manner which
is likely to result in serious harm to the person or others] OR WHERE
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THE DIRECTOR DEEMS APPROPRIATE AND WHERE THE PERSON AGREES, TO A CRISIS
STABILIZATION CENTER SPECIFIED IN SECTION 36.01 OF THIS CHAPTER.
§ 8. Subdivision 2 of section 365-a of the social services law is
amended by adding a new paragraph (gg) to read as follows:
(GG) ADDICTION AND MENTAL HEALTH SERVICES AND SUPPORTS PROVIDED BY
FACILITIES LICENSED PURSUANT TO ARTICLE THIRTY-SIX OF THE MENTAL HYGIENE
LAW.
§ 9. Paragraph 5 of subdivision (a) of section 22.09 of the mental
hygiene law, as amended by section 1 of part D of chapter 69 of the laws
of 2016, is amended to read as follows:
5. "Treatment facility" means a facility designated by the commission-
er which may only include a general hospital as defined in article twen-
ty-eight of the public health law, or a medically managed or medically
supervised withdrawal, inpatient rehabilitation, or residential stabili-
zation treatment program that has been certified by the commissioner to
have appropriate medical staff available on-site at all times to provide
emergency services and continued evaluation of capacity of individuals
retained under this section OR A CRISIS STABILIZATION CENTER LICENSED
PURSUANT TO ARTICLE 36.01 OF THIS CHAPTER.
§ 10. The commissioner of health, in consultation with the office of
mental health and the office of addiction services and supports, shall
seek Medicaid federal financial participation from the federal centers
for Medicare and Medicaid services for the federal share of payments for
the services authorized pursuant to this Subpart.
§ 11. This act shall take effect October 1, 2021; provided, however,
that the amendments to sections 9.41, 9.43 and 9.45 of the mental
hygiene law made by sections four, five and six of this act shall not
affect the expiration of such sections and shall expire therewith.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.
SUBPART B
Section 1. Paragraph 4 of subdivision (c), paragraph 2 of subdivision
(h), paragraph 1 of subdivision (k) and subdivision (l) of section 9.60
of the mental hygiene law, as amended by chapter 158 of the laws of 2005
and paragraph 1 of subdivision (k) as added by chapter 1 of the laws of
2013, are amended to read as follows:
(4) has a history of lack of compliance with treatment for mental
illness that has:
(i) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS PARA-
GRAPH, prior to the filing of the petition, at least twice within the
last thirty-six months been a significant factor in necessitating hospi-
talization in a hospital, or receipt of services in a forensic or other
mental health unit of a correctional facility or a local correctional
facility, not including any current period, or period ending within the
last six months, during which the person was or is hospitalized or
incarcerated; or
(ii) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, prior to the filing of the petition, resulted in one or more acts
of serious violent behavior toward self or others or threats of, or
attempts at, serious physical harm to self or others within the last
forty-eight months, not including any current period, or period ending
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within the last six months, in which the person was or is hospitalized
or incarcerated; [and] OR
(III) NOTWITHSTANDING SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH,
RESULTED IN THE ISSUANCE OF AN ORDER FOR ASSISTED OUTPATIENT TREATMENT
WHICH HAS EXPIRED WITHIN THE LAST SIX MONTHS, AND SINCE THE EXPIRATION
OF THE ORDER, THE PERSON HAS EXPERIENCED A SUBSTANTIAL INCREASE IN SYMP-
TOMS OF MENTAL ILLNESS AND A LOSS OF FUNCTION.
(2) The court shall not order assisted outpatient treatment unless an
examining physician, who recommends assisted outpatient treatment and
has personally examined the subject of the petition no more than ten
days before the filing of the petition, testifies [in person] at the
hearing. Such physician shall state the facts and clinical determi-
nations which support the allegation that the subject of the petition
meets each of the criteria for assisted outpatient treatment.
(1) Prior to the expiration of an order pursuant to this section, the
appropriate director shall review whether the assisted outpatient
continues to [meet the criteria for] BENEFIT FROM assisted outpatient
treatment. If, as documented in the petition, (I) the director deter-
mines that [such criteria continue to be met]: (A) AS A RESULT OF HIS OR
HER MENTAL ILLNESS, THE OUTPATIENT IS UNLIKELY TO VOLUNTARILY PARTIC-
IPATE IN OUTPATIENT TREATMENT THAT WOULD ENABLE HIM OR HER TO LIVE SAFE-
LY IN THE COMMUNITY; AND (B) IN VIEW OF HIS OR HER TREATMENT HISTORY AND
CURRENT BEHAVIOR, IS IN NEED OF ASSISTED OUTPATIENT TREATMENT IN ORDER
TO PREVENT A RELAPSE OR DETERIORATION WHICH WOULD BE LIKELY TO RESULT IN
SERIOUS HARM TO THE PERSON OR OTHERS AS DEFINED IN SECTION 9.01 OF THIS
ARTICLE; AND (C) THE OUTPATIENT IS LIKELY TO BENEFIT FROM CONTINUED
ASSISTED OUTPATIENT TREATMENT; or (II) THE DIRECTOR has made appropriate
attempts to, but has not been successful in eliciting, the cooperation
of the subject to submit to an examination, within thirty days prior to
the expiration of an order of assisted outpatient treatment, such direc-
tor may petition the court to order continued assisted outpatient treat-
ment pursuant to paragraph two of this subdivision. Upon determining
whether such criteria continue to be met, such director shall notify the
program coordinator in writing as to whether a petition for continued
assisted outpatient treatment is warranted and whether such a petition
was or will be filed.
(l) Petition for an order to stay, vacate [or], modify OR EXTEND THE
ORDER. (1) In addition to any other right or remedy available by law
with respect to the order for assisted outpatient treatment, the
assisted outpatient, the mental hygiene legal service, or anyone acting
on the assisted outpatient's behalf may petition the court on notice to
the director, the original petitioner, and all others entitled to notice
under subdivision (f) of this section to stay, vacate [or], modify, OR
EXTEND the order. AN APPLICATION FOR AN EXTENSION OF A CURRENT ORDER
CAN BE MADE WHEN THE APPROPRIATE DIRECTOR HAS MADE ATTEMPTS BUT HAS NOT
BEEN SUCCESSFUL IN GIVING THE SUBJECT OF THE PETITION THE NOTICE OF THE
HEARING.
(2) The appropriate director shall petition the court for approval
before instituting a proposed material change in the assisted outpatient
treatment plan, unless such change is authorized by the order of the
court. Such petition shall be filed on notice to all parties entitled to
notice under subdivision (f) of this section. Not later than five days
after receiving such petition, excluding Saturdays, Sundays and holi-
days, the court shall hold a hearing on the petition; provided that if
the assisted outpatient informs the court that he or she agrees to the
proposed material change, the court may approve such change without a
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hearing. Non-material changes may be instituted by the director without
court approval. For the purposes of this paragraph, a material change is
an addition or deletion of a category of services to or from a current
assisted outpatient treatment plan, or any deviation without the
assisted outpatient's consent from the terms of a current order relating
to the administration of psychotropic drugs.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to section 9.60 of the mental hygiene law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
SUBPART C
Section 1. The third undesignated paragraph of section 9.01 of the
mental hygiene law, as amended by chapter 723 of the laws of 1989, is
amended to read as follows:
"likelihood to result in serious harm" or "likely to result in serious
harm" means (a) a substantial risk of physical harm to the person as
manifested by threats of or attempts at suicide or serious bodily harm
or other conduct demonstrating that the person is dangerous to himself
or herself[,]; or (b) A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON
ARISING FROM SUCH COMPLETE NEGLECT OF BASIC NEEDS FOR FOOD, CLOTHING,
SHELTER OR PERSONAL SAFETY AS TO RENDER SERIOUS ACCIDENT, ILLNESS, OR
DEATH IS HIGHLY PROBABLE IF CARE BY ANOTHER IS NOT TAKEN; OR (C) a
substantial risk of physical harm to other persons as manifested by
homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.
§ 2. Paragraph 2 of subdivision (a) of section 9.39 of the mental
hygiene law, as amended by chapter 789 of the laws of 1985, is amended
and a new paragraph 3 is added to read as follows:
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm[.], OR
3. A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON ARISING FROM SUCH
COMPLETE NEGLECT OF BASIC NEEDS FOR FOOD, CLOTHING, SHELTER OR PERSONAL
SAFETY AS TO RENDER SERIOUS ACCIDENT, ILLNESS, OR DEATH IS HIGHLY PROBA-
BLE IF CARE BY ANOTHER IS NOT TAKEN.
§ 3. This act shall take effect October 1, 2021.
§ 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 Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART BB
Section 1. Subdivision (b) of section 7.17 of the mental hygiene law,
as amended by section 1 of part H of chapter 56 of the laws of 2013, is
amended to read as follows:
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(b) There shall be in the office the hospitals named below for the
care, treatment and rehabilitation of persons with mental illness and
for research and teaching in the science and skills required for the
care, treatment and rehabilitation of such persons with mental illness.
Greater Binghamton Health Center
Bronx Psychiatric Center
Buffalo Psychiatric Center
Capital District Psychiatric Center
Central New York Psychiatric Center
Creedmoor Psychiatric Center
Elmira Psychiatric Center
Kingsboro Psychiatric Center
Kirby Forensic Psychiatric Center
Manhattan Psychiatric Center
Mid-Hudson Forensic Psychiatric Center
Mohawk Valley Psychiatric Center
Nathan S. Kline Institute for Psychiatric Research
New York State Psychiatric Institute
Pilgrim Psychiatric Center
Richard H. Hutchings Psychiatric Center
Rochester Psychiatric Center
Rockland Psychiatric Center
St. Lawrence Psychiatric Center
South Beach Psychiatric Center
New York City Children's Center
Rockland Children's Psychiatric Center
Sagamore Children's Psychiatric Center
Western New York Children's Psychiatric Center
The New York State Psychiatric Institute and The Nathan S. Kline
Institute for Psychiatric Research are designated as institutes for the
conduct of medical research and other scientific investigation directed
towards furthering knowledge of the etiology, diagnosis, treatment and
prevention of mental illness. THE NEW YORK STATE PSYCHIATRIC INSTITUTE
SHALL OPERATE, AS A SUB-ENTITY, THE NEW YORK STATE INSTITUTE FOR BASIC
RESEARCH IN DEVELOPMENTAL DISABILITIES, WHICH IS DESIGNATED AS AN INSTI-
TUTE FOR THE CONDUCT OF MEDICAL RESEARCH AND OTHER SCIENTIFIC INVESTI-
GATION DIRECTED TOWARDS FURTHERING KNOWLEDGE OF THE ETIOLOGY, DIAGNOSIS,
TREATMENT AND PREVENTION OF DEVELOPMENTAL DISABILITIES.
§ 2. All employees of the office for people with developmental disa-
bilities' New York State Institute for Basic Research in Developmental
Disabilities, who are substantially engaged in the functions to be
transferred, will be transferred to the office of mental health's New
York State Psychiatric Institute pursuant to subdivision 2 of section 70
of the civil service law.
§ 3. This act shall take effect immediately
PART CC
Section 1. Subdivisions 2 and 2-a of section 1.03 of the mental
hygiene law, subdivision 2 as amended and subdivision 2-a as added by
chapter 281 of the laws of 2019, are amended to read as follows:
2. ["Commissioner" means the commissioner of mental health] "COMMIS-
SIONER" MEANS THE COMMISSIONER OF ADDICTION AND MENTAL HEALTH SERVICES,
AND the commissioner of developmental disabilities [and the commissioner
of addiction services and supports] as used in this chapter. Any power
or duty heretofore assigned to the commissioner of mental hygiene or to
S. 2507--A 89 A. 3007--A
the department of mental hygiene pursuant to this chapter shall hereaft-
er be assigned to the commissioner of ADDICTION AND mental health
SERVICES in the case of facilities, programs, or services for individ-
uals with mental illness, to the commissioner of developmental disabili-
ties in the case of facilities, programs, or services for individuals
with developmental disabilities, to the commissioner of addiction AND
MENTAL HEALTH services [and supports] in the case of facilities,
programs, or addiction disorder services in accordance with the
provisions of titles D and E of this chapter.
2-a. Notwithstanding any other section of law or regulation, on and
after the effective date of this subdivision, any and all references to
the office of alcoholism and substance abuse services and the predeces-
sor agencies to the office of alcoholism and substance abuse services
including the division of alcoholism and alcohol abuse and the division
of substance abuse services AND ALL REFERENCES TO THE OFFICE OF MENTAL
HEALTH, shall be known as the "office of addiction AND MENTAL HEALTH
services [and supports]." Nothing in this subdivision shall be construed
as requiring or prohibiting the further amendment of statutes or regu-
lations to conform to the provisions of this subdivision.
§ 2. Section 5.01 of the mental hygiene law, as amended by chapter 281
of the laws of 2019, is amended and two new sections 5.01-a and 5.01-b
are added to read as follows:
§ 5.01 Department of mental hygiene.
There shall continue to be in the state government a department of
mental hygiene. Within the department there shall be the following
autonomous offices:
(1) office of ADDICTION AND mental health SERVICES; AND
(2) office for people with developmental disabilities[;
(3) office of addiction services and supports].
§ 5.01-A OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES.
(A) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES SHALL BE A NEW
OFFICE WITHIN THE DEPARTMENT FORMED BY THE INTEGRATION OF THE OFFICES OF
MENTAL HEALTH AND ADDICTION SERVICES AND SUPPORTS WHICH SHALL FOCUS ON
ISSUES RELATED TO BOTH MENTAL ILLNESS AND ADDICTION IN THE STATE AND
CARRY OUT THE INTENT OF THE LEGISLATURE IN ESTABLISHING THE OFFICES
PURSUANT TO ARTICLES SEVEN AND NINETEEN OF THIS CHAPTER. THE OFFICE OF
ADDICTION AND MENTAL HEALTH SERVICES IS CHARGED WITH ENSURING THE DEVEL-
OPMENT OF COMPREHENSIVE PLANS FOR PROGRAMS AND SERVICES IN THE AREA OF
RESEARCH, PREVENTION, AND CARE AND TREATMENT, REHABILITATION, EDUCATION
AND TRAINING, AND SHALL BE STAFFED TO PERFORM THE RESPONSIBILITIES
ATTRIBUTED TO THE OFFICE PURSUANT TO SECTIONS 7.07 AND 19.07 OF THIS
CHAPTER AND PROVIDE SERVICES AND PROGRAMS TO PROMOTE RECOVERY FOR INDI-
VIDUALS WITH MENTAL ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS
AND SUBSTANCE USE DISORDER.
(B) THE COMMISSIONER OF THE OFFICE OF ADDICTION AND MENTAL HEALTH
SERVICES SHALL BE VESTED WITH THE POWERS, DUTIES, AND OBLIGATIONS OF THE
OFFICE OF MENTAL HEALTH AND THE OFFICE OF ADDICTION SERVICES AND
SUPPORTS.
(C) THE OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES MAY LICENSE
PROVIDERS TO PROVIDE INTEGRATED SERVICES FOR INDIVIDUALS WITH MENTAL
ILLNESS, SUBSTANCE USE DISORDER, OR MENTAL ILLNESS AND SUBSTANCE USE
DISORDER, IN ACCORDANCE WITH REGULATIONS ISSUED BY THE COMMISSIONER.
§ 5.01-B OFFICE OF ADDICTION AND MENTAL HEALTH SERVICES.
UNTIL JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE OFFICE OF ADDICTION
AND MENTAL HEALTH SERVICES SHALL CONSIST OF THE OFFICE OF MENTAL HEALTH
AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS.
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§ 3. Section 5.03 of the mental hygiene law, as amended by chapter 281
of the laws of 2019, is amended to read as follows:
§ 5.03 Commissioners.
The head of the office of ADDICTION AND mental health SERVICES shall
be the commissioner of ADDICTION AND mental health SERVICES; AND the
head of the office for people with developmental disabilities shall be
the commissioner of developmental disabilities[; and the head of the
office of addiction services and supports shall be the commissioner of
addiction services and supports]. Each commissioner shall be appointed
by the governor, by and with the advice and consent of the senate, to
serve at the pleasure of the governor. UNTIL THE COMMISSIONER OF
ADDICTION AND MENTAL HEALTH SERVICES IS APPOINTED BY THE GOVERNOR AND
CONFIRMED BY THE SENATE, THE COMMISSIONER OF MENTAL HEALTH AND THE
COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS SHALL CONTINUE TO OVER-
SEE MENTAL HEALTH AND ADDICTION SERVICES RESPECTIVELY, AND WORK COLLABO-
RATIVELY TO INTEGRATE CARE FOR INDIVIDUALS WITH BOTH MENTAL HEALTH AND
SUBSTANCE USE DISORDERS.
§ 4. Section 5.05 of the mental hygiene law, as added by chapter 978
of the laws of 1977, subdivision (a) as amended by chapter 168 of the
laws of 2010, subdivision (b) as amended by chapter 294 of the laws of
2007, paragraph 1 of subdivision (b) as amended by section 14 of part J
of chapter 56 of the laws of 2012, subdivision (d) as added by chapter
58 of the laws of 1988 and subdivision (e) as added by chapter 588 of
the laws of 2011, is amended to read as follows:
§ 5.05 Powers and duties of the head of the department.
(a) The commissioners of the office of ADDICTION AND mental health
SERVICES and the office for people with developmental disabilities, as
the heads of the department, shall jointly visit and inspect, or cause
to be visited and inspected, all facilities either public or private
used for the care, treatment and rehabilitation of individuals with
mental illness, SUBSTANCE USE DISORDER and developmental disabilities in
accordance with the requirements of section four of article seventeen of
the New York state constitution.
(b) (1) The commissioners of the office of ADDICTION AND mental
health[,] SERVICES AND the office for people with developmental disabil-
ities [and the office of alcoholism and substance abuse services] shall
constitute an inter-office coordinating council which, consistent with
the autonomy of each office for matters within its jurisdiction, shall
ensure that the state policy for the prevention, care, treatment and
rehabilitation of individuals with mental illness, SUBSTANCE USE DISOR-
DERS and developmental disabilities[, alcoholism, alcohol abuse,
substance abuse, substance dependence, and chemical dependence] is
planned, developed and implemented comprehensively; that gaps in
services to individuals with multiple disabilities are eliminated and
that no person is denied treatment and services because he or she has
more than one disability; that procedures for the regulation of programs
which offer care and treatment for more than one class of persons with
mental disabilities be coordinated between the offices having jurisdic-
tion over such programs; and that research projects of the institutes,
as identified in section 7.17 [or], 13.17, OR 19.17 of this chapter or
as operated by the office for people with developmental disabilities,
are coordinated to maximize the success and cost effectiveness of such
projects and to eliminate wasteful duplication.
(2) The inter-office coordinating council shall annually issue a
report on its activities to the legislature on or before December thir-
ty-first. Such annual report shall include, but not be limited to, the
S. 2507--A 91 A. 3007--A
following information: proper treatment models and programs for persons
with multiple disabilities and suggested improvements to such models and
programs; research projects of the institutes and their coordination
with each other; collaborations and joint initiatives undertaken by the
offices of the department; consolidation of regulations of each of the
offices of the department to reduce regulatory inconsistencies between
the offices; inter-office or office activities related to workforce
training and development; data on the prevalence, availability of
resources and service utilization by persons with multiple disabilities;
eligibility standards of each office of the department affecting clients
suffering from multiple disabilities, and eligibility standards under
which a client is determined to be an office's primary responsibility;
agreements or arrangements on statewide, regional and local government
levels addressing how determinations over client responsibility are made
and client responsibility disputes are resolved; information on any
specific cohort of clients with multiple disabilities for which substan-
tial barriers in accessing or receiving appropriate care has been
reported or is known to the inter-office coordinating council or the
offices of the department; and coordination of planning, standards or
services for persons with multiple disabilities between the inter-office
coordinating council, the offices of the department and local govern-
ments in accordance with the local planning requirements set forth in
article forty-one of this chapter.
(c) The commissioners shall meet from time to time with the New York
state conference of local mental hygiene directors to assure consistent
procedures in fulfilling the responsibilities required by this section
and by article forty-one of this chapter.
(d) 1. The commissioner of ADDICTION AND mental health SERVICES shall
evaluate the type and level of care required by patients in the adult
psychiatric centers authorized by section 7.17 of this chapter and
develop appropriate comprehensive requirements for the staffing of inpa-
tient wards. These requirements should reflect measurable need for
administrative and direct care staff including physicians, nurses and
other clinical staff, direct and related support and other support
staff, established on the basis of sound clinical judgment. The staffing
requirements shall include but not be limited to the following: (i) the
level of care based on patient needs, including on ward activities, (ii)
the number of admissions, (iii) the geographic location of each facili-
ty, (iv) the physical layout of the campus, and (v) the physical design
of patient care wards.
2. Such commissioner, in developing the requirements, shall provide
for adequate ward coverage on all shifts taking into account the number
of individuals expected to be off the ward due to sick leave, workers'
compensation, mandated training and all other off ward leaves.
3. The staffing requirements shall be designed to reflect the legiti-
mate needs of facilities so as to ensure full accreditation and certif-
ication by appropriate regulatory bodies. The requirements shall reflect
appropriate industry standards. The staffing requirements shall be fully
measurable.
[4. The commissioner of mental health shall submit an interim report
to the governor and the legislature on the development of the staffing
requirements on October first, nineteen hundred eighty-eight and again
on April first, nineteen hundred eighty-nine. The commissioner shall
submit a final report to the governor and the legislature no later than
October first, nineteen hundred eighty-nine and shall include in his
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report a plan to achieve the staffing requirements and the length of
time necessary to meet these requirements.]
(e) The commissioners of the office of ADDICTION AND mental health[,]
SERVICES AND THE office for people with developmental disabilities[, and
the office of alcoholism and substance abuse services] shall cause to
have all new contracts with agencies and providers licensed by the
offices to have a clause requiring notice be provided to all current and
new employees of such agencies and providers stating that all instances
of abuse shall be investigated pursuant to this chapter, and, if an
employee leaves employment prior to the conclusion of a pending abuse
investigation, the investigation shall continue. Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
employee under any other law or regulation or under any collective
bargaining agreement or employment contract.
§ 5. Section 7.01 of the mental hygiene law, as added by chapter 978
of the laws of 1977, is amended to read as follows:
§ 7.01 Declaration of policy.
The state of New York and its local governments have a responsibility
for the prevention and early detection of mental illness and for the
comprehensively planned care, treatment and rehabilitation of their
mentally ill citizens.
Therefore, it shall be the policy of the state to conduct research and
to develop programs which further prevention and early detection of
mental illness; to develop a comprehensive, integrated system of treat-
ment and rehabilitative services for the mentally ill. Such a system
should include, whenever possible, the provision of necessary treatment
services to people in their home communities; it should assure the
adequacy and appropriateness of residential arrangements for people in
need of service; and it should rely upon improved programs of institu-
tional care only when necessary and appropriate. Further, such a system
should recognize the important therapeutic roles of all disciplines
which may contribute to the care or treatment of the mentally ill, such
as psychology, social work, psychiatric nursing, special education and
other disciplines in the field of mental illness, as well as psychiatry
and should establish accountability for implementation of the policies
of the state with regard to the care and rehabilitation of the mentally
ill.
To facilitate the implementation of these policies and to further
advance the interests of the mentally ill and their families, a new
autonomous agency to be known as the office of ADDICTION AND mental
health SERVICES has been established by this article. The office and its
commissioner shall plan and work with local governments, voluntary agen-
cies and all providers and consumers of mental health services in order
to develop an effective, integrated, comprehensive system for the deliv-
ery of all services to the mentally ill and to create financing proce-
dures and mechanisms to support such a system of services to ensure that
mentally ill persons in need of services receive appropriate care,
treatment and rehabilitation close to their families and communities. In
carrying out these responsibilities, the office and its commissioner
shall make full use of existing services in the community including
those provided by voluntary organizations.
§ 6. Section 19.01 of the mental hygiene law, as added by chapter 223
of the laws of 1992, is amended to read as follows:
§ 19.01 Declaration of policy.
The legislature declares the following:
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Alcoholism, substance abuse and chemical dependence pose major health
and social problems for individuals and their families when left
untreated, including family devastation, homelessness, and unemployment.
It has been proven that successful prevention and treatment can dramat-
ically reduce costs to the health care, criminal justice and social
welfare systems.
The tragic, cumulative and often fatal consequences of alcoholism and
substance abuse are, however, preventable and treatable disabilities
that require a coordinated and multi-faceted network of services.
The legislature recognizes locally planned and implemented prevention
as a primary means to avert the onset of alcoholism and substance abuse.
It is the policy of the state to promote comprehensive, age appropriate
education for children and youth and stimulate public awareness of the
risks associated with alcoholism and substance abuse. Further, the
legislature acknowledges the need for a coordinated state policy for the
establishment of prevention and treatment programs designed to address
the problems of chemical dependency among youth, including prevention
and intervention efforts in school and community-based programs designed
to identify and refer high risk youth in need of chemical dependency
services.
Substantial benefits can be gained through alcoholism and substance
abuse treatment for both addicted individuals and their families. Posi-
tive treatment outcomes that may be generated through a complete contin-
uum of care offer a cost effective and comprehensive approach to reha-
bilitating such individuals. The primary goals of the rehabilitation and
recovery process are to restore social, family, lifestyle, vocational
and economic supports by stabilizing an individual's physical and
psychological functioning. The legislature recognizes the importance of
varying treatment approaches and levels of care designed to meet each
client's needs. Relapse prevention and aftercare are two primary compo-
nents of treatment that serve to promote and maintain recovery.
The legislature recognizes that the distinct treatment needs of
special populations, including women and women with children, persons
with HIV infection, persons diagnosed with mental illness, persons who
abuse chemicals, the homeless and veterans with posttraumatic stress
disorder, merit particular attention. It is the intent of the legisla-
ture to promote effective interventions for such populations in need of
particular attention. The legislature also recognizes the importance of
family support for individuals in alcohol or substance abuse treatment
and recovery. Such family participation can provide lasting support to
the recovering individual to prevent relapse and maintain recovery. The
intergenerational cycle of chemical dependency within families can be
intercepted through appropriate interventions.
The state of New York and its local governments have a responsibility
in coordinating the delivery of alcoholism and substance abuse services,
through the entire network of service providers. To accomplish these
objectives, the legislature declares that the establishment of a single,
unified office of [alcoholism and substance abuse] ADDICTION AND MENTAL
HEALTH services will provide an integrated framework to plan, oversee
and regulate the state's prevention and treatment network. In recogni-
tion of the growing trends and incidence of chemical dependency, this
consolidation allows the state to respond to the changing profile of
chemical dependency. The legislature recognizes that some distinctions
exist between the alcoholism and substance abuse field and THE MENTAL
HEALTH FIELD AND where appropriate, those distinctions may be preserved.
Accordingly, it is the intent of the state to establish one office of
S. 2507--A 94 A. 3007--A
[alcoholism and substance abuse] ADDICTION AND MENTAL HEALTH services in
furtherance of a comprehensive service delivery system.
§ 7. Upon or prior to January 1, 2022, the governor may nominate an
individual to serve as commissioner of the office of addiction and
mental health services. If such individual is confirmed by the senate
prior to January 1, 2022, they shall become the commissioner of the
office of addiction and mental health services. The governor may desig-
nate a person to exercise the powers of the commissioner of the office
of addiction and mental health services on an acting basis, until
confirmation of a nominee by the senate, who is hereby authorized to
take such actions as are necessary and proper to implement the orderly
transition of the functions, powers as duties as herein provided,
including the preparation for a budget request for the office as estab-
lished by this act.
§ 8. Upon the transfer pursuant to this act of the functions and
powers possessed by and all of the obligations and duties of the office
of mental health and the office of addiction services and supports as
established pursuant to the mental hygiene law and other laws, to the
office of addiction and mental health services as prescribed by this
act, provision shall be made for the transfer of all employees from the
office of mental health and the office of addiction services and
supports into the office of addiction and mental health services.
Employees so transferred shall be transferred without further examina-
tion or qualification to the same or similar titles and shall remain in
the same collective bargaining units and shall retain their respective
civil service classifications, status, and rights pursuant to their
collective bargaining units and collective bargaining agreements.
§ 9. Notwithstanding any contrary provision of law, on or before Octo-
ber 1, 2021 and annually thereafter, the office of addiction and mental
health services, in consultation with the department of health, shall
issue a report, and post such report on their public website, detailing
the office's expenditures for mental health and addiction services and
supports, including total Medicaid spending directly by the state to
licensed or designated providers and payments to managed care providers
pursuant to section 364-j of the social services law. The office of
addiction and mental health services shall examine reports produced
pursuant to this section and may make recommendations to the governor
and the legislature regarding appropriations for mental health and
addiction services and supports or other provisions of law which may be
necessary to effectively implement the creation and continued operation
of the office.
§ 10. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion 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, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
§ 11. This act shall take effect immediately. Effective immediately,
the office of mental health and the office of addiction services and
supports are authorized to promulgate the addition, amendment and/or
repeal of any rule or regulation or engage in any work necessary for the
implementation of this act on its effective date authorized to be made
and completed on or before such effective date.
PART DD
S. 2507--A 95 A. 3007--A
Section 1. This act shall be known and may be cited as the "comprehen-
sive outpatient services act of 2021".
§ 2. Section 364-m of the social services law is amended by adding a
new subdivision 6 to read as follows:
6. COMPREHENSIVE OUTPATIENT SERVICES CENTERS. (A) DEFINITIONS. FOR
THE PURPOSE OF THIS ARTICLE, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
(I) "MENTAL HEALTH SERVICES" MEANS SERVICES FOR THE TREATMENT OF
MENTAL ILLNESS.
(II) "ADDICTION SERVICES" MEANS SERVICES FOR THE TREATMENT OF
ADDICTION DISORDERS.
(III) "COMPREHENSIVE OUTPATIENT SERVICES" MEANS THE SYSTEMATIC COORDI-
NATION OF EVIDENCE-BASED HEALTH CARE SERVICES, TO INCLUDE THE PREVENTA-
TIVE, DIAGNOSTIC, THERAPEUTIC AND REHABILITATIVE CARE AND TREATMENT OF
MENTAL ILLNESS, ADDICTION AND THE PROVISION OF PHYSICAL HEALTH SERVICES,
OTHERWISE PROVIDED BY A DIAGNOSTIC AND TREATMENT CENTER OR GENERAL
HOSPITAL OUTPATIENT PROGRAM PURSUANT TO ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW, A MENTAL HEALTH CLINIC LICENSED PURSUANT TO ARTICLE
THIRTY-ONE OF THE MENTAL HYGIENE LAW, OR AN ADDICTION PROVIDER CERTIFIED
PURSUANT TO ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW TO AN INDIVID-
UAL SEEKING SERVICES REGARDLESS OF THEIR PRIMARY DIAGNOSIS OR HEALTH
COMPLAINT; PROVIDED, HOWEVER, THAT THE SCOPE OF SUCH SERVICES MAY BE
RESTRICTED PURSUANT TO REGULATION.
(IV) "COMPREHENSIVE OUTPATIENT SERVICES CENTERS" MEANS A FACILITY
APPROVED IN ACCORDANCE WITH THIS SECTION TO PROVIDE COMPREHENSIVE OUTPA-
TIENT SERVICES IN ORDER TO PROMOTE HEALTH AND BETTER OUTCOMES FOR THE
RECIPIENT, PARTICULARLY FOR POPULATIONS AT RISK.
(V) "MEDICAL DIRECTOR" IS A PHYSICIAN WHO IS RESPONSIBLE FOR THE
SERVICES DELIVERED BY THE COMPREHENSIVE OUTPATIENT SERVICES PROVIDER,
FOR THE OVERALL DIRECTION OF THE SERVICES PROVIDED AND THE DIRECT SUPER-
VISION OF MEDICAL STAFF IN THE DELIVERY OF SERVICES.
(VI) "PHYSICAL HEALTH SERVICES" MEANS SERVICES PROVIDED BY A PHYSI-
CIAN, PHYSICIAN'S ASSISTANT, NURSE PRACTITIONER, OR MIDWIFE ACTING WITH-
IN HIS OR HER LAWFUL SCOPE OF PRACTICE UNDER TITLE EIGHT OF THE EDUCA-
TION LAW AND WHO IS PRACTICING IN A PRIMARY CARE SPECIALTY.
(B) NOTWITHSTANDING ANY LAW, RULE, OR REGULATION TO THE CONTRARY, THE
COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH,
AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS ARE AUTHORIZED TO
JOINTLY ESTABLISH A SINGLE SET OF LICENSING STANDARDS AND REQUIREMENTS
FOR THE CONSTRUCTION, OPERATION, REPORTING AND SURVEILLANCE OF COMPRE-
HENSIVE OUTPATIENT SERVICES CENTERS. SUCH STANDARDS AND REQUIREMENTS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) SCOPE OF COMPREHENSIVE OUTPATIENT SERVICES;
(II) CREATION OF AN EFFICIENT APPLICATION REVIEW PROCESS FOR COMPRE-
HENSIVE OUTPATIENT SERVICES CENTERS;
(III) FACILITATION OF INTEGRATED TREATMENT RECORDS THAT COMPLY WITH
APPLICABLE FEDERAL AND STATE CONFIDENTIALITY REQUIREMENTS;
(IV) OPTIMAL USE OF CLINICAL RESOURCES, INCLUDING THE DEVELOPMENT OF A
WORKFORCE CAPABLE OF PROVIDING COMPREHENSIVE CARE TO AN INDIVIDUAL
UTILIZING EVIDENCE-BASED APPROACHES TO INTEGRATED TREATMENT;
(V) DEVELOPMENT OF BILLING AND REIMBURSEMENT STRUCTURES TO ENABLE THE
PROVISION OF COMPREHENSIVE SERVICES TO INDIVIDUALS REGARDLESS OF THEIR
PRIMARY DIAGNOSIS OR HEALTHCARE COMPLAINT;
(VI) REASONABLE PHYSICAL PLANT STANDARDS TO FOSTER PROPER CARE AND
TREATMENT;
S. 2507--A 96 A. 3007--A
(VII) STANDARDS FOR INCIDENT REPORTING AND REMEDIATION PURSUANT TO
ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW; AND
(VIII) STANDARDS FOR ADVERSE EVENT REPORTING, PROVIDED HOWEVER THAT
ANY SUCH ADVERSE EVENT REPORTS SHALL BE KEPT CONFIDENTIAL AND SHALL NOT
BE SUBJECT TO DISCLOSURE UNDER ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR
ARTICLE THIRTY-ONE OF THE CIVIL PRACTICE LAW AND RULES.
(C) A PROVIDER SHALL NOT BE AUTHORIZED TO PROVIDE COMPREHENSIVE OUTPA-
TIENT SERVICES UNLESS THEY HAVE SUFFICIENTLY DEMONSTRATED, CONSISTENT
WITH THE STANDARDS AND REQUIREMENTS SET FORTH BY THE COMMISSIONERS:
(I) EXPERIENCE IN THE DELIVERY OF PHYSICAL, MENTAL HEALTH, AND
ADDICTION SERVICES;
(II) CAPACITY TO OFFER COMPREHENSIVE OUTPATIENT SERVICES IN EACH
COMPREHENSIVE OUTPATIENT SERVICES CENTER APPROVED BY EACH OF THE COMMIS-
SIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF MENTAL HEALTH, AND
THE OFFICE OF ADDICTION SERVICES AND SUPPORTS; AND
(III) COMPLIANCE WITH STANDARDS ESTABLISHED PURSUANT TO THIS SECTION
FOR PROVIDING AND RECEIVING PAYMENT FOR COMPREHENSIVE OUTPATIENT
SERVICES.
(D) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
PURPOSES OF THIS SUBDIVISION, COMPREHENSIVE OUTPATIENT SERVICE PROVIDERS
SHALL BE CONSIDERED CONTRACTED, APPROVED OR OTHERWISE AUTHORIZED BY THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS AND THE OFFICE OF MENTAL
HEALTH FOR THE PURPOSE OF SECTIONS 19.20, 19.20-A, AND 31.35 OF THE
MENTAL HYGIENE LAW, AS MAY BE APPLICABLE. PROVIDERS SHALL BE REQUIRED TO
COMPLY WITH THE REVIEW OF CRIMINAL HISTORY INFORMATION, AS REQUIRED IN
SUCH SECTIONS, FOR PROSPECTIVE EMPLOYEES OR VOLUNTEERS WHO WILL HAVE
REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRESTRICTED PHYSICAL CONTACT
WITH THE CLIENTS OF SUCH PROVIDER.
(E) THE COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE OFFICE OF
MENTAL HEALTH, AND THE OFFICE OF ADDICTION SERVICES AND SUPPORTS ARE
AUTHORIZED TO PROMULGATE ANY REGULATORY REQUIREMENTS NECESSARY TO IMPLE-
MENT COMPREHENSIVE OUTPATIENT SERVICES CENTERS CONSISTENT WITH THIS
SECTION, INCLUDING AMENDING EXISTING REQUIREMENTS.
§ 3. Subdivision 4 of section 488 of the social services law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) A COMPREHENSIVE OUTPATIENT SERVICES CENTER WHICH IS LICENSED, OR
CERTIFIED BY SECTION THREE HUNDRED SIXTY-FOUR-M OF THIS CHAPTER,
PROVIDED HOWEVER THAT SUCH TERM SHALL NOT INCLUDE THE PROVISION OF PHYS-
ICAL HEALTH SERVICES RENDERED IN SUCH FACILITY OR PROGRAM;
§ 4. Subdivision 1 of section 2801 of the public health law, as
amended by section 1 of part Z of chapter 57 of the laws of 2019, is
amended to read as follows:
1. "Hospital" means a facility or institution engaged principally in
providing services by or under the supervision of a physician or, in the
case of a dental clinic or dental dispensary, of a dentist, or, in the
case of a midwifery birth center, of a midwife, for the prevention,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, including, but not limited to, a general hospital,
public health center, diagnostic center, treatment center, dental clin-
ic, dental dispensary, rehabilitation center other than a facility used
solely for vocational rehabilitation, nursing home, tuberculosis hospi-
tal, chronic disease hospital, maternity hospital, midwifery birth
center, lying-in-asylum, out-patient department, out-patient lodge,
dispensary and a laboratory or central service facility serving one or
more such institutions, but the term hospital shall not include an
institution, sanitarium or other facility engaged principally in provid-
S. 2507--A 97 A. 3007--A
ing services for the prevention, diagnosis or treatment of mental disa-
bility and which is subject to the powers of visitation, examination,
inspection and investigation of the department of mental hygiene except
for those distinct parts of such a facility which provide hospital
service. The provisions of this article shall not apply to a facility or
institution engaged principally in providing services by or under the
supervision of the bona fide members and adherents of a recognized reli-
gious organization whose teachings include reliance on spiritual means
through prayer alone for healing in the practice of the religion of such
organization and where services are provided in accordance with those
teachings. No provision of this article or any other provision of law
shall be construed to: (a) LIMIT THE VOLUME OF PRIMARY CARE SERVICES
THAT CAN BE PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES CENTERS, AS
DEFINED IN SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES
LAW; (B) limit the volume of mental health, substance use disorder
services or developmental disability services that can be provided by a
provider of primary care services licensed under this article and
authorized to provide integrated services in accordance with regulations
issued by the commissioner in consultation with the commissioner of the
office of mental health, the commissioner of the office of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS and the
commissioner of the office for people with developmental disabilities,
including regulations issued pursuant to subdivision seven of section
three hundred sixty-five-l of the social services law or part L of chap-
ter fifty-six of the laws of two thousand twelve; [(b)] (C) require a
provider licensed pursuant to article thirty-one of the mental hygiene
law or certified pursuant to article sixteen or article thirty-two of
the mental hygiene law to obtain an operating certificate from the
department if such provider has been authorized to provide integrated
services in accordance with regulations issued by the commissioner in
consultation with the commissioner of the office of mental health, the
commissioner of the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS and the commissioner of the office for
people with developmental disabilities, including regulations issued
pursuant to subdivision seven of section three hundred sixty-five-l of
the social services law or part L of chapter fifty-six of the laws of
two thousand twelve.
§ 5. Subdivision (f) of section 31.02 of the mental hygiene law, as
amended by section 2 of part Z of chapter 57 of the laws of 2019, is
amended to read as follows:
(f) No provision of this article or any other provision of law shall
be construed to require a provider licensed pursuant to article twenty-
eight of the public health law or certified pursuant to article sixteen
or article thirty-two of this chapter to obtain an operating certificate
from the office of mental health if such provider has been authorized to
provide integrated services in accordance with regulations issued by the
commissioner of the office of mental health in consultation with the
commissioner of the department of health, the commissioner of the office
of [alcoholism and substance abuse services] ADDICTION SERVICES AND
SUPPORTS and the commissioner of the office for people with develop-
mental disabilities, including regulations issued pursuant to subdivi-
sion seven of section three hundred sixty-five-l of the social services
law or part L of chapter fifty-six of the laws of two thousand twelve.
FURTHERMORE, EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION SIX OF
SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW, NO
PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW SHALL BE
S. 2507--A 98 A. 3007--A
CONSTRUED TO LIMIT THE VOLUME OF MENTAL HEALTH SERVICES THAT CAN BE
PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES CENTERS, AS DEFINED IN
SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW.
§ 6. Subdivision (b) of section 32.05 of the mental hygiene law, as
amended by section 3 of part Z of chapter 57 of the laws of 2019, is
amended to read as follows:
(b) (i) Methadone, or such other controlled substance designated by
the commissioner of health as appropriate for such use, may be adminis-
tered to an addict, as defined in section thirty-three hundred two of
the public health law, by individual physicians, groups of physicians
and public or private medical facilities certified pursuant to article
twenty-eight or thirty-three of the public health law as part of a chem-
ical dependence program which has been issued an operating certificate
by the commissioner pursuant to subdivision (b) of section 32.09 of this
article, provided, however, that such administration must be done in
accordance with all applicable federal and state laws and regulations.
Individual physicians or groups of physicians who have obtained authori-
zation from the federal government to administer buprenorphine to
addicts may do so without obtaining an operating certificate from the
commissioner. (ii) No provision of this article or any other provision
of law shall be construed to require a provider licensed pursuant to
article twenty-eight of the public health law, article thirty-one of
this chapter or a provider certified pursuant to article sixteen of this
chapter to obtain an operating certificate from the office of [alcohol-
ism and substance abuse services] ADDICTION SERVICES AND SUPPORTS if
such provider has been authorized to provide integrated services in
accordance with regulations issued by the commissioner of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS in consul-
tation with the commissioner of the department of health, the commis-
sioner of the office of mental health and the commissioner of the office
for people with developmental disabilities, including regulations issued
pursuant to subdivision seven of section three hundred sixty-five-l of
the social services law or part L of chapter fifty-six of the laws of
two thousand twelve. FURTHERMORE, EXCEPT AS PROVIDED IN PARAGRAPH (D)
OF SUBDIVISION SIX OF SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL
SERVICES LAW, NO PROVISION OF THIS ARTICLE OR ANY OTHER PROVISION OF LAW
SHALL BE CONSTRUED TO LIMIT THE VOLUME OF ADDICTION SERVICES THAT CAN BE
PROVIDED BY COMPREHENSIVE OUTPATIENT SERVICES CENTERS, AS DEFINED IN
SECTION THREE HUNDRED SIXTY-FOUR-M OF THE SOCIAL SERVICES LAW.
§ 7. This act shall take effect January 1, 2022; provided, however,
that the amendments to section 364-m of the social services law made by
section two of this act shall not affect the repeal of such section and
shall be deemed to repeal therewith. Effective immediately, the commis-
sioner of the department of health, the commissioner of the office of
mental health and the commissioner of the office of addiction services
and supports are authorized to issue any rule or regulation necessary
for the implementation of this act on or before its effective date.
PART EE
Section 1. Subdivision 10 of section 553 of the executive law is
REPEALED.
§ 2. This act shall take effect April 1, 2021.
PART FF
S. 2507--A 99 A. 3007--A
Section 1. Subdivision 3 of section 2999-h of the public health law,
as amended by chapter 4 of the laws of 2017, is amended to read as
follows:
3. "Qualifying health care costs" means the future medical, hospital,
surgical, nursing, dental, rehabilitation, habilitation, respite, custo-
dial CARE PROVIDED IN A RESIDENTIAL HEALTH CARE FACILITY, durable
medical equipment, home modifications, assistive technology, vehicle
modifications, transportation for purposes of health care related
appointments, prescription and non-prescription medications, and other
health care costs actually incurred for services rendered to and
supplies utilized by qualified plaintiffs, which are necessary to meet
their health care needs, as determined by their treating physicians,
physician assistants, or nurse practitioners and as otherwise defined by
the commissioner in regulation.
§ 2. Subdivisions 2 and 4 of section 2999-j of the public health law,
subdivision 2 as amended by section 3 of part K of chapter 57 of the
laws of 2019 and subdivision 4 as amended by chapter 517 of the laws of
2016, are amended to read as follows:
2. (A) The provision of qualifying health care costs to qualified
plaintiffs shall not be subject to prior authorization, except as
described by the commissioner in regulation; provided, however:
[(a)] (I) such regulation shall not prevent qualified plaintiffs from
receiving care or assistance that would, at a minimum, be authorized
under the medicaid program;
[(b)] (II) if any prior authorization is required by such regulation,
the regulation shall require that requests for prior authorization be
processed within a reasonably prompt period of time and shall identify a
process for prompt administrative review of any denial of a request for
prior authorization; and
[(c)] (III) such regulations shall not prohibit qualifying health care
costs on the grounds that the qualifying health care cost may inci-
dentally benefit other members of the household, provided that whether
the qualifying health care cost primarily benefits the patient may be
considered.
(B) UNDER NO CIRCUMSTANCES SHALL A PARENT, OR A GUARDIAN RESIDING WITH
THE ENROLLEE, WHO IS LEGALLY REQUIRED TO PROVIDE CARE AND SUPPORT TO A
QUALIFIED PLAINTIFF BE APPROVED AS A PROVIDER OF QUALIFYING HEALTH CARE
COSTS REIMBURSABLE BY THE FUND.
4. The amount of qualifying health care costs to be paid from the fund
shall be calculated on the basis of one hundred percent of the usual and
customary cost. For the purposes of this section, "usual and customary
costs" shall mean the eightieth percentile of all charges for the
particular health care service performed by a provider in the same or
similar specialty and provided in the same geographical area as reported
in a benchmarking database maintained by a nonprofit organization speci-
fied by the superintendent of financial services. If no such rates are
available qualifying health care costs shall be calculated on the basis
of no less than one hundred thirty percent of Medicaid or ONE HUNDRED
PERCENT OF Medicare rates of reimbursement, whichever is higher. If no
such rate exists, costs shall be reimbursed as defined by the commis-
sioner in regulation.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2021; provided,
however, that the amendments to subdivision 4 of section 2999-j of the
public health law made by section two of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.
S. 2507--A 100 A. 3007--A
PART GG
Section 1. Subdivision 1 of section 12 of the public health law, as
amended by section 16 of part A of chapter 58 of the laws of 2008, is
amended and a new paragraph (e) is added to read as follows:
1. (a) Except as provided in paragraphs (b) and (c) of this subdivi-
sion, any person who violates, disobeys or disregards any term or
provision of this chapter or of any lawful notice, order or regulation
pursuant thereto for which a civil penalty is not otherwise expressly
prescribed by law, shall be liable to the people of the state for a
civil penalty [of] not to exceed [two] TEN thousand dollars for every
such violation.
(b) The penalty provided for in paragraph (a) of this subdivision may
be increased to an amount not to exceed [five] FIFTEEN thousand dollars
for a subsequent violation if the person committed the same violation,
with respect to the same or any other person or persons, within twelve
months of the initial violation for which a penalty was assessed pursu-
ant to paragraph (a) of this subdivision and said violations were a
serious threat to the health and safety of an individual or individuals.
(c) The penalty provided for in paragraph (a) of this subdivision may
be increased to an amount not to exceed [ten] TWENTY-FIVE thousand
dollars if the violation directly results in serious physical harm to
any patient or patients.
(D) Effective on and after April first, two thousand [eight] TWENTY-
ONE the comptroller is hereby authorized and directed to deposit amounts
collected in excess of [two] TEN thousand dollars BUT LESS THAN FIFTEEN
THOUSAND DOLLARS per violation to the patient safety center account to
be used for purposes of the patient safety center created by title two
of article twenty-nine-D of this chapter.
(E) EFFECTIVE ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE,
AMOUNTS COLLECTED FOR VIOLATIONS OF ARTICLE TWENTY-EIGHT, THIRTY-SIX, OR
FORTY OF THIS CHAPTER EQUAL TO OR IN EXCESS OF FIFTEEN THOUSAND DOLLARS
PER VIOLATION MAY BE USED BY THE COMMISSIONER, NOTWITHSTANDING SECTION
ONE HUNDRED TWELVE OR ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
FOR INITIATIVES THAT, IN THE DISCRETION OF THE COMMISSIONER, ARE LIKELY
TO IMPROVE THE QUALITY OF CARE OR QUALITY OF LIFE OF PATIENTS OR RESI-
DENTS SERVED BY PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT,
THIRTY-SIX, OR FORTY OF THIS CHAPTER. SUCH PURPOSES MAY INCLUDE, BUT ARE
NOT LIMITED TO, SURVEILLANCE AND INSPECTION ACTIVITIES; ACTIVITIES
DESIGNED TO IMPROVE THE QUALITY, PERFORMANCE AND COMPLIANCE OF POORLY
PERFORMING PROVIDERS; TRAINING AND EDUCATION OF PROVIDER STAFF; AND
IMPROVING PATIENT, RESIDENT, AND CONSUMER INVOLVEMENT IN INITIATIVES TO
IMPROVE PATIENT AND RESIDENT QUALITY OF CARE OR QUALITY OF LIFE.
§ 2. Subdivision 1 of section 12 of the public health law, as amended
by chapter 190 of the laws of 1990, is amended and four new paragraphs
(b), (c), (d) and (e) are added to read as follows:
1. [Any] (A) EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION, ANY person who violates, disobeys or disregards any term or
provision of this chapter or of any lawful notice, order or regulation
pursuant thereto for which a civil penalty is not otherwise expressly
prescribed by law, shall be liable to the people of the state for a
civil penalty [of] not to exceed [two] TEN thousand dollars for every
such violation.
(B) THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE INCREASED TO AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS FOR A
SUBSEQUENT VIOLATION IF THE PERSON COMMITTED THE SAME VIOLATION, WITH
S. 2507--A 101 A. 3007--A
RESPECT TO THE SAME OR ANY OTHER PERSON OR PERSONS, WITHIN TWELVE MONTHS
OF THE INITIAL VIOLATION FOR WHICH A PENALTY WAS ASSESSED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION AND SAID VIOLATIONS WERE A SERIOUS
THREAT TO THE HEALTH AND SAFETY OF AN INDIVIDUAL OR INDIVIDUALS.
(C) THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION MAY
BE INCREASED TO AN AMOUNT NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IF
THE VIOLATION DIRECTLY RESULTS IN SERIOUS PHYSICAL HARM TO ANY PATIENT
OR PATIENTS.
(D) EFFECTIVE ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE THE
COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT AMOUNTS
COLLECTED IN EXCESS OF TEN THOUSAND DOLLARS BUT LESS THAN FIFTEEN THOU-
SAND DOLLARS PER VIOLATION TO THE PATIENT SAFETY CENTER ACCOUNT TO BE
USED FOR PURPOSES OF THE PATIENT SAFETY CENTER CREATED BY TITLE TWO OF
ARTICLE TWENTY-NINE-D OF THIS CHAPTER.
(E) EFFECTIVE ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE,
AMOUNTS COLLECTED FOR VIOLATIONS OF ARTICLE TWENTY-EIGHT, THIRTY-SIX, OR
FORTY OF THIS CHAPTER EQUAL TO OR IN EXCESS OF FIFTEEN THOUSAND DOLLARS
PER VIOLATION MAY BE USED BY THE COMMISSIONER, NOTWITHSTANDING SECTION
ONE HUNDRED TWELVE OR ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW,
FOR INITIATIVES THAT, IN THE DISCRETION OF THE COMMISSIONER, ARE LIKELY
TO IMPROVE THE QUALITY OF CARE OR QUALITY OF LIFE OF PATIENTS OR RESI-
DENTS SERVED BY PROVIDERS LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT,
THIRTY-SIX, OR FORTY OF THIS CHAPTER. SUCH PURPOSES MAY INCLUDE, BUT ARE
NOT LIMITED TO, SURVEILLANCE AND INSPECTION ACTIVITIES; ACTIVITIES
DESIGNED TO IMPROVE THE QUALITY, PERFORMANCE AND COMPLIANCE OF POORLY
PERFORMING PROVIDERS; TRAINING AND EDUCATION OF PROVIDER STAFF; AND
IMPROVING PATIENT, RESIDENT, AND CONSUMER INVOLVEMENT IN INITIATIVES TO
IMPROVE PATIENT AND RESIDENT QUALITY OF CARE OR QUALITY OF LIFE.
§ 3. Subdivision 2 of section 12-b of the public health law, as
amended by section 17 of part A of chapter 58 of the laws of 2008, is
amended to read as follows:
2. A person who wilfully violates any provision of this chapter, or
any regulation lawfully made or established by any public officer or
board under authority of this chapter, the punishment for violating
which is not otherwise prescribed by this chapter or any other law, is
punishable by imprisonment not exceeding one year, or by a fine not
exceeding [ten] TWENTY-FIVE thousand dollars or by both. Effective on
and after April first, two thousand [eight] TWENTY-ONE the comptroller
is hereby authorized and directed to deposit amounts collected in excess
of [two] TEN thousand dollars BUT LESS THAN FIFTEEN THOUSAND DOLLARS per
violation to the patient safety center account to be used for purposes
of the patient safety center created by title two of article twenty-
nine-D of this chapter. EFFECTIVE ON AND AFTER APRIL FIRST, TWO THOUSAND
TWENTY-ONE, AMOUNTS COLLECTED FOR VIOLATIONS OF ARTICLE TWENTY-EIGHT,
THIRTY-SIX, OR FORTY OF THIS CHAPTER EQUAL TO OR IN EXCESS OF FIFTEEN
THOUSAND DOLLARS PER VIOLATION MAY BE USED BY THE COMMISSIONER PURSUANT
TO PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER.
§ 4. Subdivision 2 of section 12-b of the public health law, as
amended by chapter 463 of the laws of 1969, is amended to read as
follows:
2. A person who wilfully violates any provision of this chapter, or
any regulation lawfully made or established by any public officer or
board under authority of this chapter, the punishment for violating
which is not otherwise prescribed by this chapter or any other law, is
punishable by imprisonment not exceeding one year, or by a fine not
exceeding [two] TWENTY-FIVE thousand dollars or by both. EFFECTIVE ON
S. 2507--A 102 A. 3007--A
AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE THE COMPTROLLER IS HEREBY
AUTHORIZED AND DIRECTED TO DEPOSIT AMOUNTS COLLECTED IN EXCESS OF TEN
THOUSAND DOLLARS BUT LESS THAN FIFTEEN THOUSAND DOLLARS PER VIOLATION TO
THE PATIENT SAFETY CENTER ACCOUNT TO BE USED FOR PURPOSES OF THE PATIENT
SAFETY CENTER CREATED BY TITLE TWO OF ARTICLE TWENTY-NINE-D OF THIS
CHAPTER. EFFECTIVE ON AND AFTER APRIL FIRST, TWO THOUSAND TWENTY-ONE,
AMOUNTS COLLECTED FOR VIOLATIONS OF ARTICLE TWENTY-EIGHT, THIRTY-SIX, OR
FORTY OF THIS CHAPTER EQUAL TO OR IN EXCESS OF FIFTEEN THOUSAND DOLLARS
PER VIOLATION MAY BE USED BY THE COMMISSIONER PURSUANT TO PARAGRAPH (E)
OF SUBDIVISION ONE OF SECTION TWELVE OF THIS CHAPTER.
§ 5. Paragraph (c) of 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:
(c) assess any penalty prescribed for a violation of or a failure to
comply with any term or provision of this chapter or of any lawful
notice, order or regulation pursuant thereto, not exceeding [two] TWEN-
TY-FIVE thousand dollars for every such violation or failure, which
penalty may be assessed after a hearing or an opportunity to be heard;
§ 6. The opening paragraph of subdivision 11 of section 2801-a of the
public health law, as amended by section 57 of part A of chapter 58 of
the laws of 2010, is amended and a new paragraph (e) is added to read as
follows:
Any person filing a proposed certificate of incorporation, articles of
organization or an application for establishment of a residential health
care facility for approval of the public health and health planning
council shall file with the commissioner such information [on the owner-
ship of the property interests in such facility as shall] AS MAY be
prescribed by regulation, including, BUT NOT LIMITED TO, the following:
(E) INFORMATION PERTAINING TO STAFFING, THE SOURCE OF STAFFING, AND
STAFF SKILL MIX.
§ 7. Section 2803-w of the public health law, as added by chapter 677
of the laws of 2019, is amended to read as follows:
§ 2803-w. Independent quality monitors AND QUALITY IMPROVEMENT ORGAN-
IZATIONS for residential health care facilities. 1. The department may
require a residential health care facility OR GROUP OF RESIDENTIAL
HEALTH CARE FACILITIES to contract with an independent quality monitor
selected, and on reasonable terms determined, by the department, pursu-
ant to a selection process conducted notwithstanding [sections] SECTION
one hundred twelve or one hundred sixty-three of the state finance law,
for purposes of monitoring the operator's compliance with a written and
mandatory corrective plan and reporting to the department on the imple-
mentation of such corrective action, when the department has determined
in its discretion that operational deficiencies exist at such facility
that show:
[1.] (A) a condition or conditions in substantial violation of the
standards for health, safety, or resident care established in law or
regulation that constitute a danger to resident health or safety;
[2.] (B) a pattern or practice of habitual violation of the standards
of health, safety, or resident care established in law or regulation; or
[3.] (C) any other condition dangerous to resident life, health, or
safety. Such written mandatory corrective plans shall include caps on
administrative and general costs that are unrelated to providing direct
care (including providing at least minimum staffing levels as determined
by the department) or care coordination.
2. WHERE, IN TWO CONSECUTIVE INSPECTIONS, REGARDLESS OF THE TIMEFRAME
BETWEEN SUCH INSPECTIONS, A RESIDENTIAL HEALTH CARE FACILITY HAS BEEN
S. 2507--A 103 A. 3007--A
ISSUED MORE THAN ONE STATEMENT OF DEFICIENCIES CITING VIOLATIONS OF THE
DEPARTMENT'S REGULATIONS CONCERNING INFECTION CONTROL, SUCH RESIDENTIAL
HEALTH CARE FACILITY SHALL, AT ITS OWN EXPENSE, CONTRACT WITH A QUALITY
IMPROVEMENT ORGANIZATION, OR SUCH OTHER INDEPENDENT QUALITY MONITOR
SELECTED BY THE DEPARTMENT, TO ASSESS AND RESOLVE SUCH FACILITY'S
INFECTION CONTROL DEFICIENCIES, INCLUDING ESTABLISHING NEW INFECTION
CONTROL POLICIES AND PROCEDURES IN CONSULTATION WITH SUCH ORGANIZATION.
THE ADMINISTRATOR, DIRECTOR OF NURSING, AND MEDICAL DIRECTOR OF SUCH
RESIDENTIAL HEALTH CARE FACILITY SHALL WORK WITH AND PROVIDE NECESSARY
SUPPORT, FACILITY ACCESS, AND INFORMATION TO SUCH ORGANIZATION TO EFFEC-
TUATE RESOLUTION OF INFECTION CONTROL DEFICIENCIES.
3. FOR THE PURPOSES OF THIS SECTION:
(A) "QUALITY IMPROVEMENT ORGANIZATION" SHALL MEAN AN ORGANIZATION
OPERATING WITH THE PURPOSE OF IMPROVING HEALTHCARE QUALITY FOR MEDICARE
BENEFICIARIES, WHICH HAS BEEN DESIGNATED BY THE UNITED STATES DEPARTMENT
OF HEALTH AND HUMAN SERVICES, CENTERS OF MEDICARE AND MEDICAID SERVICES
THROUGH THE QUALITY IMPROVEMENT ORGANIZATION PROGRAM; AND
(B) "INDEPENDENT QUALITY MONITOR" SHALL MEAN AN ORGANIZATION, OTHER
THAN A QUALITY IMPROVEMENT ORGANIZATION, WHICH HAS BEEN SELECTED BY THE
DEPARTMENT PURSUANT TO SUBDIVISION ONE OR TWO OF THIS SECTION.
§ 8. The public health law is amended by adding a new section 2828 to
read as follows:
§ 2828. RESIDENTIAL HEALTH CARE FACILITIES; EXCESS REVENUE. 1.
NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE DEPARTMENT SHALL PROMULGATE
REGULATIONS GOVERNING THE DISPOSITION OF REVENUE IN EXCESS OF EXPENSES
FOR RESIDENTIAL HEALTH CARE FACILITIES. SUCH REGULATIONS SHALL REQUIRE
THAT A MINIMUM OF SEVENTY PERCENT OF REVENUE BE SPENT ON DIRECT RESIDENT
CARE, AND THAT FORTY PERCENT OF REVENUE SHALL BE SPENT ON RESIDENT-FAC-
ING STAFFING, PROVIDED THAT AMOUNTS SPENT ON RESIDENT-FACING STAFFING
SHALL BE INCLUDED AS A PART OF AMOUNTS SPENT ON DIRECT RESIDENT CARE.
BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, FIFTEEN
PERCENT OF COSTS ASSOCIATED WITH RESIDENT-FACING STAFFING THAT IS
CONTRACTED OUT BY A FACILITY SHALL BE DEDUCTED FROM THE CALCULATION OF
THE AMOUNT SPENT ON RESIDENT-FACING STAFFING AND DIRECT RESIDENT CARE.
SUCH REGULATIONS SHALL FURTHER INCLUDE AT A MINIMUM THAT ANY RESIDENTIAL
HEALTH CARE FACILITY FOR WHICH TOTAL OPERATING REVENUE EXCEEDS TOTAL
OPERATING AND NON-OPERATING EXPENSES BY MORE THAN FIVE PERCENT OF TOTAL
OPERATING AND NON-OPERATING EXPENSES, OR THAT FAILS TO SPEND THE MINIMUM
AMOUNT NECESSARY TO COMPLY WITH THE MINIMUM SPENDING STANDARDS FOR RESI-
DENT-FACING STAFFING OR DIRECT RESIDENT CARE, CALCULATED ON AN ANNUAL
BASIS, SHALL EXPEND SUCH EXCESS REVENUE, OR THE DIFFERENCE BETWEEN THE
MINIMUM SPENDING REQUIREMENT AND THE ACTUAL AMOUNT OF SPENDING ON RESI-
DENT-FACING STAFFING OR DIRECT CARE STAFFING, AS THE CASE MAY BE, IN A
MANNER TO BE DETERMINED BY SUCH REGULATIONS, BY OCTOBER FIRST OF THE
FOLLOWING YEAR. IN THE EVENT ANY RESIDENTIAL HEALTH CARE FACILITY FAILS
TO SPEND ANY EXCESS REVENUE IN THE MANNER DIRECTED BY SUCH REGULATIONS
BY OCTOBER FIRST OF THE FOLLOWING YEAR, SUCH EXCESS REVENUE SHALL BE
PAYABLE TO THE STATE BY NOVEMBER FIRST OF SUCH YEAR. THE DEPARTMENT
SHALL COLLECT SUCH PAYMENTS BY METHODS INCLUDING, BUT NOT LIMITED TO,
DEDUCTIONS OR OFFSETS FROM PAYMENTS MADE PURSUANT TO THE MEDICAID
PROGRAM.
2. FOR THE PURPOSES OF THIS SECTION AND SECTION TWENTY-EIGHT HUNDRED
TWENTY-EIGHT-A OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
S. 2507--A 104 A. 3007--A
(A) "REVENUE" SHALL MEAN THE TOTAL OPERATING REVENUE FROM ALL PAYER
SOURCES AS REPORTED IN THE RESIDENTIAL HEALTH CARE FACILITY COST REPORTS
SUBMITTED TO THE DEPARTMENT.
(B) "EXPENSES" SHALL INCLUDE ALL OPERATING AND NON-OPERATING EXPENSES,
BEFORE EXTRAORDINARY GAINS, REPORTED IN COST REPORTS SUBMITTED PURSUANT
TO THIS SECTION, EXCEPT AS EXPRESSLY EXCLUDED BY REGULATIONS AND/OR THIS
SECTION. SUCH EXCLUSIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY
RELATED PARTY TRANSACTION TO THE EXTENT THAT THE VALUE OF SUCH TRANS-
ACTION IS GREATER THAN FAIR MARKET VALUE, AND THE PAYMENT OF COMPEN-
SATION FOR EMPLOYEES WHO ARE NOT ACTIVELY ENGAGED IN OR PROVIDING
SERVICES AT THE FACILITY.
(C) "DIRECT RESIDENT CARE" SHALL EXCLUDE, AT A MINIMUM AND WITHOUT
LIMITATION, CAPITAL DEPRECIATION, RENT AND LEASES, FISCAL SERVICES, AND
ADMINISTRATIVE SERVICES.
(D) "RESIDENT-FACING STAFFING" SHALL INCLUDE ALL STAFFING EXPENSES IN
THE ANCILLARY AND PROGRAM SERVICES CATEGORIES ON EXHIBIT H OF THE RESI-
DENTIAL HEALTH CARE REPORTS AS IN EFFECT ON FEBRUARY FIFTEENTH, TWO
THOUSAND TWENTY-ONE; PROVIDED THAT THE DEPARTMENT MAY BY REGULATION, OR
BY EMERGENCY REGULATION, ADJUST SUCH STAFFING EXPENSES TO ALIGN WITH ANY
CHANGE TO THE RESIDENTIAL HEALTH CARE REPORTS.
§ 8-a. The public health law is amended by adding a new section 2828-a
to read as follows:
§ 2828-A. EXCESS REVENUES FOR MANAGEMENT SALARIES. WITHIN THE AMOUNTS
PRESCRIBED BY SECTION TWENTY-EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE,
A SALARY FOR ANY EXECUTIVE OR MANAGERIAL POSITION WHICH DOES NOT INVOLVE
DIRECT RESIDENT CARE SHALL BE LIMITED BY REGULATION BY THE DEPARTMENT
BASED UPON THE NUMBER OF BEDS FOR RESIDENT CARE AT SUCH FACILITY. IN ANY
EVENT SUCH SALARY SHALL NOT EXCEED TWO HUNDRED FIFTY THOUSAND DOLLARS
ANNUALLY. PROVIDED FURTHER, NOTWITHSTANDING ANY OTHER LAW TO THE CONTRA-
RY, A RESIDENTIAL CARE FACILITY SHALL NOT EXPEND MORE THAN FIFTEEN
PERCENT OF EXPENSES ON EXECUTIVE OR MANAGERIAL SALARIES, AND THE DEPART-
MENT SHALL BE AUTHORIZED TO PROMULGATE REGULATIONS TO EFFECTUATE THIS
SECTION.
§ 9. Section 2860 of the public health law is amended by adding three
new subdivisions 3, 4 and 5 to read as follows:
3. A COMPANY SHALL POST MAXIMUM RATES TO BE CHARGED FOR FACILITIES AND
SERVICES, FIXED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, ON A
PUBLICLY ACCESSIBLE WEBSITE. SUCH POSTING SHALL BE UPDATED ON AN ANNUAL
BASIS NO LATER THAN APRIL FIRST OF EACH YEAR. SUCH POSTING SHALL DETAIL
RATES FOR EACH NON-GOVERNMENTAL PAYER SOURCE.
4. A COMPANY SHALL: (A) PUBLICLY LIST ALL OWNERS ON A WEBSITE MAIN-
TAINED BY THE FACILITY AND SHALL SUBMIT SUCH LIST TO THE DEPARTMENT FOR
POSTING ON ITS WEBSITE AND UPDATE SUCH INFORMATION WITHIN THIRTY DAYS OF
ANY CHANGE OR TRANSACTION AFFECTING OWNERSHIP; (B) PUBLICLY DISCLOSE ON
SUCH FACILITY'S WEBSITE AND REGULARLY UPDATE THE NAME AND BUSINESS
ADDRESS OF ANY LANDLORD OF SUCH FACILITY'S PREMISES; AND (C) PUBLICLY
PROVIDE A SUMMARY OF ALL CONTRACTS FOR PROVISION OF GOODS OR SERVICES
FOR WHICH SUCH FACILITY PAYS WITH ANY PORTION OF MEDICAID OR MEDICARE
FUNDS OR OTHER AGREEMENTS ENTERED INTO BY THE COMPANY ON SUCH FACILITY'S
WEBSITE WITHIN THIRTY DAYS OF EXECUTION OF SUCH AGREEMENT OR CONTRACT.
5. THE COMMISSIONER MAY PROMULGATE SUCH REGULATIONS AS MAY BE DEEMED
NECESSARY OR APPROPRIATE TO IMPLEMENT SUBDIVISIONS THREE AND FOUR OF
THIS SECTION.
§ 10. Subdivision 7 of section 460-d of the social services law, as
added by chapter 669 of the laws of 1977, paragraph (a) as amended by
chapter 719 of the laws of 1989, paragraph (b) as amended by chapter 524
S. 2507--A 105 A. 3007--A
of the laws of 1984, and paragraph 2 of paragraph (b) as amended by
chapter 733 of the laws of 1994, is amended to read as follows:
7. (a) The department shall adopt regulations establishing civil
penalties of up to [one] TEN thousand dollars per day to be assessed
against all adult care facilities except facilities operated by a social
services district for violations of (i) regulations of the department
pertaining to the care of residents in such facilities, (ii) paragraph
(a) of subdivision three of section four hundred sixty-one-a of this
chapter, or (iii) an order issued pursuant to subdivision eight of this
section. The regulations shall specify the violations subject to penalty
and the amount of the penalty to be assessed in connection with each
such violation and shall specify that only civil penalties of up to
[one] TEN thousand dollars per day per violation shall be assessed
pursuant to this paragraph against an adult care facility found respon-
sible for an act of retaliation or reprisal against any resident,
employee, or other person for having filed a complaint with or having
provided information to any long term care patient ombudsman functioning
in accordance with section five hundred forty-four or five hundred
forty-five of the executive law.
(b) [(1)] In addition to any other civil or criminal penalty provided
by law, the department shall have the power to assess civil penalties in
accordance with its regulations adopted pursuant to paragraph (a) of
this subdivision, after a hearing conducted in accordance with the
procedures established by regulations of the department. Such procedures
shall require that notice of the time and place of the hearing, together
with a statement of charges of violations, shall be served in person or
by certified mail addressed to the facility at least thirty days prior
to the date of the hearing. The statement of charges of violations shall
set forth the existence of the violations, the amount of penalty for
which it may become liable and the steps which must be taken to rectify
the violation and, where applicable, a statement that the department
contends that a penalty may be imposed under this paragraph regardless
of rectification. An answer to the charges of violations, in writing,
shall be filed with the department, not less than ten days prior to the
date of hearing. The answer shall notify the department of the facili-
ty's position with respect to each of the charges and shall include all
matters which if not disclosed in the answer would be likely to take the
department by surprise. The commissioner, or a member of his staff who
is designated and authorized by him to hold such hearing, may in his
discretion allow the facility to prove any matter not included in the
answer. [Where the facility satisfactorily demonstrates that it either
had rectified the violations within thirty days of receiving written
notification of the results of the inspection pursuant to section four
hundred sixty-one-a of this chapter, or had submitted within thirty days
an acceptable plan for rectification and was rectifying the violations
in accordance with the steps and within the additional periods of time
as accepted by the department in such plan, no penalty shall be imposed,
except as provided in subparagraph two of this paragraph.
(2) Rectification shall not preclude the assessment of a penalty if
the department establishes at a hearing that a particular violation,
although corrected, endangered or resulted in harm to any resident as
the result of:
(i) the total or substantial failure of the facility's fire detection
or prevention systems, or emergency evacuation procedures prescribed by
department safety standard regulations;
S. 2507--A 106 A. 3007--A
(ii) the retention of any resident who has been evaluated by the resi-
dent's physician as being medically or mentally unsuited for care in the
facility or as requiring placement in a hospital or residential health
care facility and for whom the operator is not making persistent efforts
to secure appropriate placement;
(iii) the failure in systemic practices and procedures;
(iv) the failure of the operator to take actions as required by
department regulations in the event of a resident's illness or accident;
(v) the failure of the operator to provide at all times supervision of
residents by numbers of staff at least equivalent to the night staffing
requirement set forth in department regulations; or
(vi) unreasonable threats of retaliation or taking reprisals, includ-
ing but not limited to unreasonable threats of eviction or hospitaliza-
tion against any resident, employee or other person who makes a
complaint concerning the operation of an adult care facility, partic-
ipates in the investigation of a complaint or is the subject of an
action identified in a complaint.
The department shall specify in its regulations those regulations to
which this subparagraph two shall apply.
(3) In assessing penalties pursuant to this paragraph, the department
shall consider promptness of rectification, delay occasioned by the
department, and the specific circumstances of the violations as mitigat-
ing factors.]
(c) Upon the request of the department, the attorney general may
commence an action in any court of competent jurisdiction against any
facility subject to the provisions of this section, and against any
person or corporation operating such facility, for the recovery of any
penalty assessed by the department in accordance with the provisions of
this subdivision.
(d) Any such penalty assessed by the department may be released or
compromised by the department before the matter has been referred to the
attorney general, and where such matter has been referred to the attor-
ney general, any such penalty may be released or compromised and any
action commenced to recover the same may be settled and discontinued by
the attorney general with the consent of the department.
§ 11. Paragraph (a) of subdivision 9 of section 460-d of the social
services law, as amended by chapter 558 of the laws of 1999, is amended
to read as follows:
(a) The department shall have authority to impose a civil penalty not
exceeding [one] TEN thousand dollars per day against, and to issue an
order requiring the closing of, after notice and opportunity to be
heard, any facility which does not possess a valid operating certificate
issued by the department and is an adult care facility subject to the
provisions of this article and the regulations of the department. A
hearing shall be conducted in accordance with procedures established by
department regulations which procedures shall require that notice of the
determination that the facility is an adult care facility and the
reasons for such determination and notice of the time and place of the
hearing be served in person on the operator, owner or prime lessor, if
any, or by certified mail, return receipt requested, addressed to such
person and received at least twenty days prior to the date of the hear-
ing. If such operator, owner or prime lessor, if any, is not known to
the department, then service may be made by posting a copy thereof in a
conspicuous place within the facility or by sending a copy thereof by
certified mail, return receipt requested, addressed to the facility. A
written answer to the notice of violation may be filed with the depart-
S. 2507--A 107 A. 3007--A
ment not less than five days prior to the date of the hearing. Demon-
stration by the facility that it possessed an operating certificate
issued pursuant to this article, article twenty-eight of the public
health law or article sixteen, twenty-three, thirty-one or thirty-two of
the mental hygiene law at the time the hearing was commenced shall
constitute a complete defense to any charges made pursuant to this
subdivision.
§ 12. Subdivision (c) of section 122 of part E of chapter 56 of the
laws of 2013 amending the public health law relating to the general
public health work program, as amended by section 7 of part E of chapter
57 of the laws of 2019, is amended to read as follows:
(c) section fifty of this act shall take effect immediately [and shall
expire nine years after it becomes law];
§ 13. Subdivisions 2, 3, 5 and 6 of section 2806-a of the public
health law, as added by section 50 of part E of chapter 56 of the laws
of 2013, and paragraph (a) of subdivision 2 as amended by section 8 and
subparagraph (iii) of paragraph (c) of subdivision 5 as amended by
section 9 of part K of chapter 57 of the laws of 2015, are amended to
read as follows:
2. (a) In the event that: (i) a facility seeks extraordinary financial
assistance and the commissioner finds that the facility is experiencing
serious financial instability that is jeopardizing existing or continued
access to essential services within the community, or (ii) the commis-
sioner finds that there are conditions within the facility that [seri-
ously] endanger the life, health or safety of residents or patients, the
commissioner may appoint a temporary operator to assume sole control and
sole responsibility for the operations of that facility, or (iii) the
commissioner finds that there has been an improper delegation of manage-
ment authority by the governing authority or operator of a general
hospital, the commissioner shall appoint a temporary operator to assume
sole control and sole responsibility for the operations of that facili-
ty. The appointment of the temporary operator shall be effectuated
pursuant to this section and shall be in addition to any other remedies
provided by law.
(b) The established operator of a facility may at any time request the
commissioner to appoint a temporary operator. Upon receiving such a
request, the commissioner may, if he or she determines that such an
action is necessary to restore or maintain the provision of quality care
to the residents or patients or alleviate the facility's financial
instability, enter into an agreement with the established operator for
the appointment of a temporary operator to assume sole control and sole
responsibility for the operations of that facility.
3. (a) A temporary operator appointed pursuant to this section shall,
prior to his or her appointment as temporary operator, provide the
commissioner with a work plan satisfactory to the commissioner to
address the facility's deficiencies and serious financial instability
and a schedule for implementation of such plan. A work plan shall not be
required prior to the appointment of the temporary operator [pursuant to
clause (ii) of paragraph (a) of subdivision two of this section] if the
commissioner has determined that the immediate appointment of a tempo-
rary operator is necessary because public health or safety is in immi-
nent danger or there exists any condition or practice or a continuing
pattern of conditions or practices which poses imminent danger to the
health or safety of any patient or resident of the facility. Where such
immediate appointment has been found to be necessary, the temporary
S. 2507--A 108 A. 3007--A
operator shall provide the commissioner with a work plan satisfactory to
the commissioner as soon as practicable.
(b) The temporary operator shall use his or her best efforts to imple-
ment the work plan provided to the commissioner, if applicable, and to
correct or eliminate any deficiencies or financial instability in the
facility and to promote the quality and accessibility of health care
services in the community served by the facility. Such correction or
elimination of deficiencies or serious financial instability shall not
include major alterations of the physical structure of the facility.
During the term of his or her appointment, the temporary operator shall
have the sole authority to direct the management of the facility in all
aspects of operation and shall be afforded full access to the accounts
and records of the facility. The temporary operator shall, during this
period, operate the facility in such a manner as to promote safety and
the quality and accessibility of health care services or residential
care in the community served by the facility. The temporary operator
shall have the power to let contracts therefor or incur expenses on
behalf of the facility, provided that where individual items of repairs,
improvements or supplies exceed ten thousand dollars, the temporary
operator shall obtain price quotations from at least three reputable
sources. The temporary operator shall not be required to file any bond.
No security interest in any real or personal property comprising the
facility or contained within the facility, or in any fixture of the
facility, shall be impaired or diminished in priority by the temporary
operator. Neither the temporary operator nor the department shall engage
in any activity that constitutes a confiscation of property without the
payment of fair compensation.
5. (a) The initial term of the appointment of the temporary operator
shall not exceed one hundred eighty days. After one hundred eighty days,
if the commissioner determines that termination of the temporary opera-
tor would cause significant deterioration of the quality of, or access
to, health care or residential care in the community or that reappoint-
ment is necessary to correct the conditions within the facility that
[seriously] endanger the life, health or safety of residents or
patients, or the financial instability that required the appointment of
the temporary operator, the commissioner may authorize up to two addi-
tional ninety-day terms.
(b) Upon the completion of the two ninety-day terms referenced in
paragraph (a) of this subdivision,
(i) if the established operator is the debtor in a bankruptcy proceed-
ing, and the commissioner determines that the temporary operator
requires additional terms to operate the facility during the pendency of
the bankruptcy proceeding and to carry out any plan resulting from the
proceeding, the commissioner may reappoint the temporary operator for
additional ninety-day terms until the termination of the bankruptcy
proceeding, provided that the commissioner shall provide for notice and
a hearing as set forth in subdivision six of this section; or
(ii) if the established operator requests the reappointment of the
temporary operator, the commissioner may reappoint the temporary opera-
tor for one additional ninety-day term, pursuant to an agreement between
the established operator, the temporary operator and the department.
(c) Within fourteen days prior to the termination of each term of the
appointment of the temporary operator, the temporary operator shall
submit to the commissioner and to the established operator a report
describing:
S. 2507--A 109 A. 3007--A
(i) the actions taken during the appointment to address such deficien-
cies and financial instability,
(ii) objectives for the continuation of the temporary operatorship if
necessary and a schedule for satisfaction of such objectives,
(iii) recommended actions for the ongoing operation of the facility
subsequent to the term of the temporary operator including recommenda-
tions regarding the proper management of the facility and ongoing agree-
ments with individuals or entities with proper delegation of management
authority; and
(iv) with respect to the first ninety-day term referenced in paragraph
(a) of this subdivision, a plan for sustainable operation to avoid
closure, or transformation of the facility which may include any option
permissible under this chapter or the social services law and implement-
ing regulations thereof. The report shall reflect best efforts to
produce a full and complete accounting.
(d) The term of the initial appointment and of any subsequent reap-
pointment may be terminated prior to the expiration of the designated
term, if the established operator and the commissioner agree on a plan
of correction and the implementation of such plan.
6. (a) The commissioner, upon making a determination to appoint a
temporary operator pursuant to paragraph (a) of subdivision two of this
section shall, prior to the commencement of the appointment, cause the
established operator of the facility to be notified of the determination
by registered or certified mail addressed to the principal office of the
established operator. Such notification shall include a detailed
description of the findings underlying the determination to appoint a
temporary operator, and the date and time of a required meeting with the
commissioner and/or his or her designee within ten business days of the
date of such notice. At such meeting, the established operator shall
have the opportunity to review and discuss all relevant findings. At
such meeting or within ten additional business days, the commissioner
and the established operator shall attempt to develop a mutually satis-
factory plan of correction and schedule for implementation. In the event
such plan of correction is agreed upon, the commissioner shall notify
the established operator that the commissioner no longer intends to
appoint a temporary operator. A meeting shall not be required prior to
the appointment of the temporary operator [pursuant to clause (ii) of
paragraph (a) of subdivision two of this section] if the commissioner
has determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
patient or resident of the facility. Where such immediate appointment
has been found to be necessary, the commissioner shall provide the
established operator with a notice as required under this paragraph on
the date of the appointment of the temporary operator.
(b) Should the commissioner and the established operator be unable to
establish a plan of correction pursuant to paragraph (a) of this subdi-
vision, or should the established operator fail to respond to the
commissioner's initial notification, a temporary operator shall be
appointed as soon as is practicable and shall operate pursuant to the
provisions of this section.
(c) The established operator shall be afforded an opportunity for an
administrative hearing on the commissioner's determination to appoint a
temporary operator. Such administrative hearing shall occur prior to
such appointment, except that the hearing shall not be required prior to
S. 2507--A 110 A. 3007--A
the appointment of the temporary operator [pursuant to clause (ii) of
paragraph (a) of subdivision two of this section] if the commissioner
has determined that the immediate appointment of a temporary operator is
necessary because public health or safety is in imminent danger or there
exists any condition or practice or a continuing pattern of conditions
or practices which poses imminent danger to the health or safety of any
patient or resident of the facility. An administrative hearing as
provided for under this paragraph shall begin no later than sixty days
from the date of the notice to the established operator and shall not be
extended without the consent of both parties. Any such hearing shall be
strictly limited to the issue of whether the determination of the
commissioner to appoint a temporary operator is supported by substantial
evidence. A copy of the decision shall be sent to the established opera-
tor.
(d) The commissioner shall, upon making a determination to reappoint a
temporary operator for the first of an additional ninety-day term pursu-
ant to paragraph (a) of subdivision five of this section, cause the
established operator of the facility to be notified of the determination
by registered or certified mail addressed to the principal office of the
established operator. If the commissioner determines that additional
reappointments pursuant to subparagraph (i) of paragraph (b) of subdivi-
sion five of this section are required, the commissioner shall again
cause the established operator of the facility to be notified of such
determination by registered or certified mail addressed to the principal
office of the established operator at the commencement of the first of
every two additional terms. Upon receipt of such notification at the
principal office of the established operator and before the expiration
of ten days thereafter, the established operator may request an adminis-
trative hearing on the determination to begin no later than sixty days
from the date of the reappointment of the temporary operator. Any such
hearing shall be strictly limited to the issue of whether the determi-
nation of the commissioner to reappoint the temporary operator is
supported by substantial evidence.
§ 14. Section 2810 of the public health law is amended by adding a new
subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE COMMISSIONER
MAY APPOINT AN EMERGENCY RECEIVER, UPON NO LESS THAN TWENTY-FOUR HOURS'
NOTICE TO THE OPERATOR OF A FACILITY, UPON A DETERMINATION THAT PUBLIC
HEALTH OR SAFETY IS IN IMMINENT DANGER OR THAT THERE EXISTS ANY CONDI-
TION OR PRACTICE OR A CONTINUING PATTERN OF CONDITIONS OR PRACTICES THAT
POSES IMMINENT DANGER TO THE HEALTH OR SAFETY OF ANY PATIENT OR RESIDENT
OF SUCH FACILITY. SUCH AN EMERGENCY RECEIVER SHALL SERVE UNTIL A FINAL
DETERMINATION HAS BEEN MADE UPON AN ORDER TO SHOW CAUSE FILED IN ACCORD-
ANCE WITH SUBDIVISION TWO OF THIS SECTION; PROVIDED, HOWEVER, THAT AN
APPLICATION FOR SUCH AN ORDER SHALL BE MADE TO THE SUPREME COURT WITHIN
THIRTY DAYS OF THE APPOINTMENT OF SUCH EMERGENCY RECEIVER.
§ 15. Severability. If any provision of this act, or any application
of any provision of this act, is held to be invalid, that shall not
affect the validity or effectiveness of any other provision of this act
or any other application of any provision of this act.
§ 16. This act shall take effect on the one hundred eightieth day
after it shall have become a law; provided that the amendments to subdi-
vision 1 of section 12 of the public health law made by section one of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to section 32 of part A of chapter 58 of the laws of
2008, as amended, when upon such date the provisions of section two of
S. 2507--A 111 A. 3007--A
this act shall take effect; and provided further that the amendments to
subdivision 2 of section 12-b of the public health law made by section
three of this act shall be subject to the expiration and reversion of
such subdivision pursuant to section 32 of part A of chapter 58 of the
laws of 2008, as amended, when upon such date the provisions of section
four of this act shall take effect. Effective immediately, the addition,
amendment and/or repeal of any rule, regulation, or emergency 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 HH
Section 1. Subdivision 3 of section 450 of the executive law, as added
by chapter 588 of the laws of 1981, is amended to read as follows:
3. (a) The [membership of the developmental disabilities planning
council shall at all times include representatives of the principal
state agencies, higher education training facilities,] FOLLOWING PEOPLE
SHALL SERVE AS EX OFFICIO MEMBERS OF THE COUNCIL:
(I) THE HEAD OF ANY STATE AGENCY THAT ADMINISTERS FUNDS PROVIDED UNDER
FEDERAL LAWS RELATED TO INDIVIDUALS WITH DISABILITIES, OR SUCH PERSON'S
DESIGNEE;
(II) THE HEAD OF ANY UNIVERSITY CENTER FOR EXCELLENCE IN DEVELOPMENTAL
DISABILITIES, OR SUCH PERSON'S DESIGNEE; AND
(III) THE HEAD OF THE STATE'S PROTECTION AND ADVOCACY SYSTEM, OR SUCH
PERSON'S DESIGNEE.
(B) THE MEMBERSHIP OF THE DEVELOPMENTAL DISABILITIES PLANNING COUNCIL
SHALL ALSO INCLUDE local agencies, and non-governmental agencies and
groups concerned with services to persons with developmental disabili-
ties in New York state[;].
[(b)] (C) At least [one-half] SIXTY PERCENT of the [membership]
MEMBERS APPOINTED BY THE GOVERNOR shall consist of[:
(i)] developmentally disabled persons or their parents or guardians or
of immediate relatives or guardians of persons with [mentally impairing]
developmental disabilities[,].
[(ii) these] (I) THESE MEMBERS may not be employees of a state agency
receiving funds or providing services under the federal developmental
disabilities assistance act or have a managerial, proprietary or
controlling interest in an entity which receives funds or provides
services under such act,
[(iii) at] (II) AT least one-third of these members shall be develop-
mentally disabled,
[(iv) at] (III) AT least one-third OF THESE MEMBERS shall be immediate
relatives or guardians of persons with [mentally impairing] develop-
mental disabilities, AND
[(v) at] (IV) AT least one member shall be an immediate relative or
guardian of an institutionalized developmentally disabled person[;
(c) The membership may include some or all of the members of the advi-
sory council on mental retardation and developmental disabilities].
§ 2. This act shall take effect immediately.
§ 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
S. 2507--A 112 A. 3007--A
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 HH of this act shall be
as specifically set forth in the last section of such Parts.