S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10143
 
                           I N  A S S E M B L Y
 
                               May 10, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Kelles) --
   read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, the state finance law and the tax
   law, in relation to enacting the "New York long term care  trust  act"
   and establishing the New York long term care trust program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York long term care trust act".
   §  2. The public health law is amended by adding a new article 36-B to
 read as follows:
                               ARTICLE 36-B
                   NEW YORK LONG TERM CARE TRUST PROGRAM
 SECTION 3670. DEFINITIONS.
         3671. PROGRAM ESTABLISHED.
         3672. LONG TERM CARE TRUST COMMISSION.
         3673. LONG TERM CARE TRUST ADVISORY PANEL.
         3674. QUALIFIED INDIVIDUALS; DETERMINATION.
         3675. ELIGIBLE BENEFICIARIES; DETERMINATION.
         3676. REIMBURSEMENT FOR SERVICES AND SUPPORTS.
         3677. INDIVIDUAL PREMIUM CONTRIBUTIONS.
         3678. APPEALS AND APPEAL HEARINGS.
         3679. WAIVERS.
   § 3670. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL  HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES
 OTHERWISE:
   1. "FUND" MEANS THE LONG TERM CARE TRUST FUND ESTABLISHED PURSUANT  TO
 SECTION NINETY-NINE-RR OF THE STATE FINANCE LAW.
   2.  "APPROVED  SERVICE"  MEANS  LONG  TERM  CARE SERVICES AND SUPPORTS
 INCLUDING, BUT NOT LIMITED TO:
   (A) ADULT DAY SERVICES;
   (B) CARE TRANSITION COORDINATION;
   (C) MEMORY CARE;
   (D) ADAPTIVE EQUIPMENT AND TECHNOLOGY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13731-02-4
 A. 10143                            2
 
   (E) ENVIRONMENTAL MODIFICATION;
   (F) PERSONAL EMERGENCY RESPONSE SYSTEM;
   (G) HOME SAFETY EVALUATION;
   (H) RESPITE FOR FAMILY CAREGIVERS;
   (I) HOME DELIVERED MEALS;
   (J) TRANSPORTATION;
   (K) DEMENTIA SUPPORTS;
   (L) EDUCATION AND CONSULTATION;
   (M) ELIGIBLE RELATIVE CARE;
   (N) PROFESSIONAL SERVICES;
   (O)  SERVICES  THAT  ASSIST  PAID AND UNPAID FAMILY MEMBERS CARING FOR
 ELIGIBLE INDIVIDUALS, INCLUDING TRAINING  FOR  INFORMAL  CAREGIVERS  AND
 OTHER  INDIVIDUALS PROVIDING CARE WHO ARE NOT OTHERWISE EMPLOYED AS LONG
 TERM CARE WORKERS UNDER SECTION  THIRTY-SIX  HUNDRED  FOURTEEN  OF  THIS
 CHAPTER;
   (P) HOME CARE SERVICES AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER;
   (Q) ASSISTED LIVING SERVICES;
   (R) ADULT FAMILY HOME SERVICES;
   (S) NURSING HOME SERVICES; AND
   (T)  ANY  OTHER LONG TERM CARE SERVICES AS DEFINED IN PARAGRAPH (B) OF
 SUBDIVISION ONE OF SECTION THREE HUNDRED  SIXTY-SEVEN-F  OF  THE  SOCIAL
 SERVICES  LAW  OR  OTHERWISE DESIGNATED AS SUCH IN LAW OR REGULATIONS BY
 THE DEPARTMENT.
   3. "BENEFIT UNIT" MEANS THE MAXIMUM DAILY BENEFIT  THE  DEPARTMENT  IS
 AUTHORIZED  TO  PAY  A  LONG TERM CARE SERVICES AND SUPPORTS PROVIDER AS
 REIMBURSEMENT FOR PROVIDING AN APPROVED SERVICE OR SERVICES TO AN ELIGI-
 BLE BENEFICIARY, WHICH AMOUNT SHALL INITIALLY BE  ONE  HUNDRED  DOLLARS,
 AND WHICH SHALL BE ADJUSTED ANNUALLY BY THE ADVISORY PANEL IN ACCORDANCE
 WITH  THE PROVISIONS OF SECTION THIRTY-SIX HUNDRED SEVENTY-THREE OF THIS
 ARTICLE.
   4. "COMMISSION" MEANS THE LONG TERM CARE TRUST COMMISSION  ESTABLISHED
 PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-TWO OF THIS ARTICLE.
   5. "ADVISORY PANEL" OR "PANEL" MEANS THE LONG TERM CARE TRUST ADVISORY
 PANEL  ESTABLISHED  PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-THREE
 OF THIS ARTICLE.
   6. "ELIGIBLE BENEFICIARY" MEANS A QUALIFIED INDIVIDUAL AS  DEFINED  IN
 SUBDIVISION SIXTEEN OF THIS SECTION WHO:
   (A) WAS NOT DISABLED BEFORE THE AGE OF EIGHTEEN;
   (B)  HAS  BEEN ASSESSED BY THE DEPARTMENT AS NEEDING THE MINIMUM LEVEL
 OF ASSISTANCE WITH ACTIVITIES OF DAILY LIVING NECESSARY TO RECEIVE BENE-
 FITS PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-FIVE OF  THIS  ARTI-
 CLE;
   (C)  HAS NOT EXHAUSTED THE LIFETIME BENEFIT LIMIT AS DEFINED IN SUBDI-
 VISION ELEVEN OF THIS SECTION; AND
   (D) DOES NOT HAVE IN EFFECT AN EXEMPTION GRANTED PURSUANT TO  SUBDIVI-
 SION SIX OF SECTION THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
   7.  "EMPLOYEE"  MEANS ANY PERSON ENGAGED IN EMPLOYMENT AS SUCH TERM IS
 DEFINED IN SECTION FIVE HUNDRED ELEVEN OF THE LABOR LAW.
   8. "EMPLOYER" SHALL HAVE THE SAME MEANING AS DEFINED IN  SECTION  FIVE
 HUNDRED TWELVE OF THE LABOR LAW.
   9. "EMPLOYMENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION FIVE
 HUNDRED ELEVEN OF THE LABOR LAW.
   10. "LONG TERM CARE SERVICES AND SUPPORTS PROVIDER" OR "LONG TERM CARE
 PROVIDER"  MEANS AN INDIVIDUAL OR ENTITY AUTHORIZED TO PROVIDE LONG TERM
 CARE SERVICES AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF  SECTION
 A. 10143                            3
 
 THREE  HUNDRED  SIXTY-SEVEN-F  OF THE SOCIAL SERVICES LAW, INCLUDING BUT
 NOT LIMITED TO A NURSING FACILITY LICENSED UNDER ARTICLE TWENTY-EIGHT OF
 THIS CHAPTER; A HOME CARE SERVICES AGENCY, CERTIFIED HOME HEALTH  AGENCY
 OR  LONG TERM HOME HEALTH CARE PROGRAM, AS DEFINED IN SECTION THIRTY-SIX
 HUNDRED TWO OF THIS CHAPTER; AN ADULT DAY HEALTH CARE PROGRAM IN ACCORD-
 ANCE WITH REGULATIONS OF THE DEPARTMENT; A HOME CARE SERVICES WORKER  AS
 DEFINED  IN  SECTION  THIRTY-SIX  HUNDRED  THIRTEEN  OF  THIS CHAPTER; A
 PERSONAL CARE PROVIDER LICENSED OR QUALIFIED TO PROVIDE SERVICES IN THIS
 STATE OR IN ANY OTHER STATE OR LOCAL AGENCY; A QUALIFIED  FAMILY  MEMBER
 AS  DEFINED IN SUBDIVISION FIFTEEN OF THIS SECTION, AND SUCH OTHER INDI-
 VIDUALS OR ENTITIES THAT ARE AUTHORIZED BY LAW OR  REGULATIONS  OF  THIS
 STATE OR ANY OTHER STATE OR LOCAL AGENCY TO PROVIDE SUCH SERVICES.
   11.  "LIFETIME  BENEFIT  LIMIT",  OR "LIFETIME LIMIT" MEANS THE DOLLAR
 EQUIVALENT OF THREE HUNDRED SIXTY-FIVE BENEFIT UNITS PAID BY THE DEPART-
 MENT ON BEHALF OF AN ELIGIBLE BENEFICIARY OVER THE COURSE OF SUCH ELIGI-
 BLE INDIVIDUAL'S LIFETIME.
   12. "PREMIUM  CONTRIBUTIONS"  OR  "PREMIUMS"  MEANS  THE  PAYMENTS  AN
 EMPLOYEE  OR  SELF-EMPLOYED  INDIVIDUAL IS REQUIRED TO CONTRIBUTE TO THE
 PROGRAM PURSUANT TO SECTION THIRTY-SIX  HUNDRED  SEVENTY-SEVEN  OF  THIS
 ARTICLE.
   13.  "PRIVATE  LONG TERM CARE INSURANCE COVERAGE" MEANS A CONTRACT FOR
 INSURANCE WHICH MEETS THE  REQUIREMENTS  OF  SECTION  ONE  THOUSAND  ONE
 HUNDRED SEVENTEEN OF THE INSURANCE LAW.
   14.  "PROGRAM"  MEANS THE NEW YORK LONG TERM CARE TRUST PROGRAM ESTAB-
 LISHED PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-ONE OF THIS  ARTI-
 CLE.
   15.  "QUALIFIED FAMILY MEMBER" MEANS A RELATIVE OF AN ELIGIBLE BENEFI-
 CIARY WHO MEETS THE EDUCATIONAL OR TRAINING REQUIREMENTS ESTABLISHED  BY
 THE  DEPARTMENT OR THE EDUCATION DEPARTMENT FOR PROVIDING LONG TERM CARE
 SERVICES AND SUPPORTS AND IS AUTHORIZED BY LAW OR REGULATION TO  RECEIVE
 PAYMENTS FROM THE STATE.
   16. (A) "QUALIFIED INDIVIDUAL" MEANS AN INDIVIDUAL WHO:
   (I) IS AGE EIGHTEEN OR OLDER; AND
   (II)  HAS  PAID  PREMIUM  CONTRIBUTIONS PURSUANT TO SECTION THIRTY-SIX
 HUNDRED SEVENTY-SEVEN OF THIS ARTICLE FOR A PERIOD EQUIVALENT TO EITHER:
   (1) A TOTAL OF TEN YEARS DURING THE COURSE OF SUCH INDIVIDUAL'S  LIFE-
 TIME;
   (2)  A TOTAL OF THREE YEARS WITHIN THE SIX YEARS IMMEDIATELY PRECEDING
 SUCH INDIVIDUAL'S APPLICATION  FOR  BENEFITS  UNDER  SECTION  THIRTY-SIX
 HUNDRED SEVENTY-FIVE OF THIS ARTICLE; OR
   (3)  IF THE INDIVIDUAL WAS BORN BEFORE JANUARY FIRST, NINETEEN HUNDRED
 SEVENTY-TWO, AT LEAST ONE YEAR. SUCH INDIVIDUAL MAY RECEIVE ONE-TENTH OF
 THE MAXIMUM NUMBER OF BENEFIT UNITS AVAILABLE UNDER  SECTION  THIRTY-SIX
 HUNDRED  SEVENTY-FIVE OF THIS ARTICLE FOR EACH YEAR OF PREMIUM PAYMENTS.
 NOTHING IN THIS CLAUSE SHALL PROHIBIT AN INDIVIDUAL BORN BEFORE  JANUARY
 FIRST,  NINETEEN HUNDRED SEVENTY-TWO, WHO MEETS THE CONDITIONS OF CLAUSE
 TWO OF THIS SUBPARAGRAPH, FROM RECEIVING THE MAXIMUM NUMBER  OF  BENEFIT
 UNITS  AVAILABLE  UNDER  SECTION THIRTY-SIX HUNDRED SEVENTY-FIVE OF THIS
 ARTICLE.
   (B) FOR THE PURPOSES OF PARAGRAPH (A) OF THIS  SUBDIVISION,  A  "YEAR"
 SHALL EQUAL NO LESS THAN FIVE HUNDRED HOURS OF PAID WORK.
   17.  "WAGES" MEANS ALL REMUNERATION PAID BY AN EMPLOYER TO AN EMPLOYEE
 WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR.
   § 3671. PROGRAM ESTABLISHED. 1. THERE IS HEREBY ESTABLISHED  THE  "NEW
 YORK  LONG  TERM  CARE TRUST PROGRAM" TO PROVIDE LONG TERM CARE SERVICES
 AND SUPPORTS BENEFITS FOR ELIGIBLE BENEFICIARIES REGARDLESS OF INCOME OR
 A. 10143                            4
 
 RESOURCES IN ACCORDANCE WITH  THE  PROVISIONS  OF  THIS  ARTICLE.    THE
 DEPARTMENT  SHALL  IMPLEMENT AND ADMINISTER SUCH PROGRAM IN COORDINATION
 WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,  THE  OFFICE  OF
 MENTAL  HEALTH,  THE  STATE  OFFICE  FOR THE AGING, THE COMPTROLLER, THE
 DEPARTMENT OF TAXATION AND FINANCE AND THE DEPARTMENT OF  LABOR  AS  SET
 FORTH IN THIS SECTION.
   2. THE DEPARTMENT SHALL:
   (A) RECEIVE APPLICATIONS FOR BENEFITS AND PERFORM INITIAL AND CONTINU-
 ING  ELIGIBILITY DETERMINATIONS FOR LONG TERM CARE SERVICES AND SUPPORTS
 BENEFITS IN ACCORDANCE WITH SECTION THIRTY-SIX HUNDRED  SEVENTY-FIVE  OF
 THIS ARTICLE;
   (B)  MONITOR  THE USE OF BENEFIT UNITS BY EACH ELIGIBLE BENEFICIARY TO
 VERIFY THAT SUCH  INDIVIDUAL'S  LIFETIME  BENEFIT  LIMIT  HAS  NOT  BEEN
 EXHAUSTED;
   (C)  ESTABLISH  AND MAINTAIN STANDARDS FOR ALL LONG TERM CARE SERVICES
 AND SUPPORTS PROVIDED PURSUANT TO THIS ARTICLE;
   (D) ESTABLISH REQUIREMENTS FOR A UNIFORM SYSTEM OF AUDITS AND  REPORTS
 TO  REVIEW  THE  QUALITY AND AVAILABILITY OF LONG TERM CARE SERVICES AND
 SUPPORTS FURNISHED PURSUANT TO THIS ARTICLE TO ENSURE THAT  THE  PROGRAM
 IS ADMINISTERED IN THE BEST INTERESTS OF PROGRAM BENEFICIARIES;
   (E)  ESTABLISH  SCHEDULES OF RATES, PAYMENTS, REIMBURSEMENTS AND OTHER
 CHARGES AND STANDARDS AND PROCEDURES RELATING TO PAYMENTS OF BENEFITS TO
 REGISTERED LONG TERM CARE SERVICES AND SUPPORTS  PROVIDERS  PURSUANT  TO
 SECTION THIRTY-SIX HUNDRED SEVENTY-SIX OF THIS ARTICLE; INCLUDING PROCE-
 DURES FOR AUDITING PAYMENTS AND RECOUPMENT OF IMPROPER PAYMENTS;
   (F)  ESTABLISH  PLANS  FOR THE COORDINATION OF LONG TERM CARE SERVICES
 AND SUPPORTS BENEFITS UNDER THIS ARTICLE FOR ELIGIBLE BENEFICIARIES  WHO
 ARE  FUNDED  THROUGH MEDICAID OR RECEIVING OTHER LONG TERM CARE SERVICES
 AND SUPPORTS, INCLUDING THROUGH MEDICARE, PRIVATE LONG TERM CARE  INSUR-
 ANCE COVERAGE, OR OTHER PROGRAMS;
   (G)   ESTABLISH  STANDARDS  AND  PROCEDURES  RELATING  TO  CONTRACTUAL
 ARRANGEMENTS BETWEEN LONG TERM CARE PROVIDERS AND THE DEPARTMENT;
   (H) DEVELOP AND MAINTAIN A REGISTRY OF LONG  TERM  CARE  SERVICES  AND
 SUPPORTS  PROVIDERS  THAT MEET THE MINIMUM QUALIFICATIONS ESTABLISHED BY
 THE COMMISSION PURSUANT TO SECTION  THIRTY-SIX  HUNDRED  SEVENTY-TWO  OF
 THIS ARTICLE, IN ACCORDANCE WITH SUBDIVISION THREE OF SECTION THIRTY-SIX
 HUNDRED SEVENTY-SIX OF THIS ARTICLE; AND
   (I) PROVIDE CONSULTATIVE SERVICES TO LONG TERM CARE PROVIDERS IN ORDER
 TO  ASSIST  THEM:  TO  QUALIFY FOR PAYMENTS UNDER THE PROVISIONS OF THIS
 ARTICLE; IN PROVIDING INFORMATION NEEDED TO DETERMINE SUCH PAYMENTS; AND
 IN ESTABLISHING AND MAINTAINING SUCH FISCAL RECORDS AS MAY BE  NECESSARY
 FOR  THE  PROPER AND EFFICIENT ADMINISTRATION OF LONG TERM CARE SERVICES
 AND SUPPORTS.
   3. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, THE DEPARTMENT
 SHALL, IN CONSULTATION WITH THE DEPARTMENT OF  LABOR,  THE  COMPTROLLER,
 THE  DEPARTMENT OF TAXATION AND FINANCE, THE STATE OFFICE FOR THE AGING,
 THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, AND ANY OTHER DEPART-
 MENT OR AGENCY IT DEEMS RELEVANT, DEVELOP AND MAINTAIN SUCH PROGRAMS AND
 PROCESSES AS SHALL BE NECESSARY TO DETERMINE AND KEEP RECORDS  REGARDING
 THE  APPLICABILITY OF PREMIUM CONTRIBUTION REQUIREMENTS OF SECTION THIR-
 TY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE TO EMPLOYEES  AND  SELF-EM-
 PLOYED  INDIVIDUALS.  THE DEPARTMENT SHALL THEREAFTER MONITOR INDIVIDUAL
 PREMIUM CONTRIBUTIONS AND MAKE ELIGIBILITY  DETERMINATIONS  PURSUANT  TO
 SECTIONS  THIRTY-SIX  HUNDRED SEVENTY-FOUR AND THIRTY-SIX HUNDRED SEVEN-
 TY-FIVE OF THIS ARTICLE.
 A. 10143                            5
 
   § 3672. LONG TERM CARE TRUST COMMISSION. 1. THE LONG TERM  CARE  TRUST
 COMMISSION IS HEREBY ESTABLISHED TO MAKE RECOMMENDATIONS TO ALL RELEVANT
 DEPARTMENTS  AND  AGENCIES  TO  ENSURE THE ADEQUACY OF BENEFITS PROVIDED
 UNDER THE PROGRAM AND TO MAINTAIN THE SOLVENCY AND SUSTAINABILITY OF THE
 FUND.
   2.  THE COMMISSION SHALL CONSIST OF A TOTAL OF TWENTY-SEVEN MEMBERS AS
 FOLLOWS:
   (A) TWELVE VOTING MEMBERS REPRESENTING THE LEGISLATURE AND THE FOLLOW-
 ING DEPARTMENTS, AGENCIES OR OFFICES:
   (I) TWO MEMBERS APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
   (II) TWO MEMBERS APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
   (III) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY;
   (IV) ONE MEMBER APPOINTED BY THE MINORITY LEADER OF THE SENATE;
   (V) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR SUCH  COMMISSION-
 ER'S DESIGNEE;
   (VI)  THE STATE COMMISSIONER OF THE OFFICE OF TEMPORARY AND DISABILITY
 ASSISTANCE, OR SUCH COMMISSIONER'S DESIGNEE;
   (VII) THE DIRECTOR OF THE STATE OFFICE FOR THE AGING, OR  SUCH  DIREC-
 TOR'S DESIGNEE;
   (VIII)  THE  COMMISSIONER OF TAXATION AND FINANCE, OR SUCH COMMISSION-
 ER'S DESIGNEE;
   (IX) THE COMMISSIONER OF MENTAL HEALTH, OR SUCH COMMISSIONER'S  DESIG-
 NEE;
   (X) THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISA-
 BILITIES, OR SUCH COMMISSIONER'S DESIGNEE;
   (B)  FIVE  NONVOTING  MEMBERS  REPRESENTING THE FOLLOWING DEPARTMENTS,
 AGENCIES OR OFFICES:
   (I) THE COMMISSIONER OF  ADDICTION  SERVICES  AND  SUPPORTS,  OR  SUCH
 COMMISSIONER'S DESIGNEE;
   (II) THE STATE LONG TERM CARE OMBUDSMAN, OR SUCH OMBUDSMAN'S DESIGNEE;
   (III) THE COMMISSIONER OF THE DEPARTMENT OF LABOR, OR SUCH COMMISSION-
 ER'S DESIGNEE;
   (IV)  THE  SUPERINTENDENT  OF  FINANCIAL SERVICES, OR SUCH SUPERINTEN-
 DENT'S DESIGNEE;
   (V) THE COMPTROLLER OR THE COMPTROLLER'S DESIGNEE; AND
   (C) TEN MEMBERS TO BE APPOINTED BY THE GOVERNOR, ALL OF WHOM SHALL  BE
 VOTING MEMBERS:
   (I) ONE OF WHOM SHALL BE A REPRESENTATIVE OF LOCAL PROGRAMS FOR AGING;
   (II)  ONE OF WHOM SHALL BE A REPRESENTATIVE OF A HOME CARE ASSOCIATION
 THAT REPRESENTS CAREGIVERS THAT PROVIDE  SERVICES  TO  PRIVATE  PAY  AND
 MEDICAID CLIENTS;
   (III)  ONE  OF  WHOM SHALL BE A REPRESENTATIVE OF A UNION REPRESENTING
 LONG TERM CARE WORKERS;
   (IV) ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION  REPRES-
 ENTING RETIRED PERSONS;
   (V) ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ASSOCIATION REPRESENT-
 ING SKILLED NURSING FACILITIES AND ASSISTED LIVING PROVIDERS;
   (VI)  ONE  OF WHOM SHALL BE A REPRESENTATIVE OF AN ASSOCIATION REPRES-
 ENTING ADULT FAMILY HOME PROVIDERS;
   (VII) TWO OF WHOM  SHALL  BE  INDIVIDUALS  RECEIVING  LONG  TERM  CARE
 SERVICES AND SUPPORTS, OR THEIR DESIGNEES, OR REPRESENTATIVES OF CONSUM-
 ERS RECEIVING LONG TERM CARE SERVICES AND SUPPORTS UNDER THE PROGRAM;
   (VIII)  ONE  OF  WHOM SHALL BE AN INDIVIDUAL WHO IS PAYING THE PREMIUM
 ESTABLISHED UNDER SECTION THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTI-
 CLE, OR, PRIOR TO SUCH SECTION BECOMING EFFECTIVE, WILL PAY SUCH  PREMI-
 A. 10143                            6
 
 UM,  AND  WHO  IS NOT EMPLOYED BY A LONG TERM CARE SERVICES AND SUPPORTS
 PROVIDER; AND
   (IX)  ONE  OF  WHOM  SHALL  BE  A REPRESENTATIVE OF AN ORGANIZATION OF
 EMPLOYERS WHOSE MEMBERS ARE REQUIRED TO COLLECT THE PREMIUM  ESTABLISHED
 UNDER SECTION THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE, OR PRIOR
 TO  SUCH  SECTION  BECOMING  EFFECTIVE, WILL BE REQUIRED TO COLLECT SUCH
 PREMIUM.
   3. EACH APPOINTED  MEMBER  SHALL  SERVE  FOR  A  TERM  OF  TWO  YEARS,
 PROVIDED,  HOWEVER  THAT THE INITIAL MEMBERS APPOINTED PURSUANT TO PARA-
 GRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL BE APPOINTED TO STAG-
 GERED TERMS NOT TO  EXCEED  FOUR  YEARS.  INITIAL  APPOINTMENTS  TO  THE
 COMMISSION  SHALL  BE  MADE NO LATER THAN SIXTY DAYS AFTER THE EFFECTIVE
 DATE OF THIS SECTION.
   4. THE COMMISSIONER, OR SUCH COMMISSIONER'S DESIGNEE, SHALL  SERVE  AS
 CHAIR OF THE COMMISSION. MEETINGS OF THE COMMISSION SHALL BE AT THE CALL
 OF THE CHAIR, PROVIDED, HOWEVER, THAT THE INITIAL MEETING OF THE COMMIS-
 SION  SHALL BE HELD NO LATER THAN THIRTY DAYS AFTER INITIAL APPOINTMENTS
 ARE MADE PURSUANT TO SUBDIVISION TWO OF THIS SECTION. A MAJORITY OF  THE
 VOTING  MEMBERS  SHALL  CONSTITUTE  A  QUORUM OF THE COMMISSION, AND THE
 AFFIRMATIVE VOTE OF SIXTY PERCENT OF THE MEMBERS VOTING SHALL BE  NECES-
 SARY  FOR ANY ACTION TO BE TAKEN BY THE COMMISSION.  NOTWITHSTANDING ANY
 CONTRARY PROVISION OF THIS SECTION, A MAJORITY OF THE MEMBERS IDENTIFIED
 IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION SHALL  CONSTITUTE  A
 QUORUM  FOR  THE  PURPOSES OF APPROVING THE ANNUAL REPORT REQUIRED UNDER
 SUBDIVISION EIGHT OF THIS SECTION.
   5. THE COMMISSION SHALL ESTABLISH AN INVESTMENT STRATEGY  SUBCOMMITTEE
 WHICH SHALL CONSIST OF:
   (A)  THE  MEMBERS  IDENTIFIED IN PARAGRAPHS (A) AND (B) OF SUBDIVISION
 TWO OF THIS SECTION, WHO SHALL SERVE AS VOTING MEMBERS OF THE SUBCOMMIT-
 TEE; AND
   (B) FOUR NONVOTING ADVISORS TO BE APPOINTED BY THE  GOVERNOR,  ALL  OF
 WHOM  SHALL  BE  CHOSEN  FOR  THEIR EXPERIENCE AND QUALIFICATIONS IN THE
 FIELD OF INVESTMENT AND WHO ARE NOT MEMBERS OF THE COMMISSION.
   (C) THE SUBCOMMITTEE SHALL PROVIDE GUIDANCE AND ADVICE  TO  THE  COMP-
 TROLLER ON INVESTMENT STRATEGIES FOR THE FUND, INCLUDING SEEKING COUNSEL
 AND ADVICE ON THE TYPES OF INVESTMENTS THAT ARE CONSTITUTIONALLY PERMIT-
 TED.
   6.  MEMBERS  OF  THE  COMMISSION  AND  THE SUBCOMMITTEE ESTABLISHED IN
 SUBDIVISION FIVE OF THIS SECTION SHALL SERVE  WITHOUT  COMPENSATION  BUT
 SHALL  BE  REIMBURSED  FOR REASONABLE AND NECESSARY EXPENSES INCURRED IN
 THE PERFORMANCE OF THEIR DUTIES. THE  COMMISSION  MAY  EMPLOY  STAFF  AS
 NEEDED,  PRESCRIBE  THEIR  DUTIES,  AND  FIX  THEIR  COMPENSATION WITHIN
 AMOUNTS APPROPRIATED FOR THE COMMISSION.
   7. THE COMMISSION SHALL HOLD ITS FIRST MEETING NO  LATER  THAN  THIRTY
 DAYS  AFTER  INITIAL APPOINTMENTS HAVE BEEN MADE PURSUANT TO SUBDIVISION
 THREE OF  THIS  SECTION  AND  SHALL  IMMEDIATELY  BEGIN  DEVELOPMENT  OF
 PROPOSALS  FOR THE IMPLEMENTATION AND EVENTUAL OPERATION OF THE PROGRAM.
 THE COMMISSION SHALL EXAMINE THE LAWS AND REGULATIONS OF THE  STATE  AND
 CONSULT  WITH  HEALTH  CARE PROVIDERS, CONSUMERS, AND OTHER STAKEHOLDERS
 AND MAKE SUCH RECOMMENDATIONS AS ARE NECESSARY TO CONFORM THE  LAWS  AND
 REGULATIONS  OF  THE STATE WITH THE PURPOSES OF THIS ARTICLE, INCLUDING,
 BUT NOT LIMITED TO:
   (A) THE ESTABLISHMENT OF PROCEDURES TO BE USED BY  THE  DEPARTMENT  IN
 DETERMINING IF AN INDIVIDUAL IS:
   (I)  A  QUALIFIED INDIVIDUAL UNDER SECTION THIRTY-SIX HUNDRED SEVENTY-
 FOUR OF THIS ARTICLE; AND
 A. 10143                            7
 
   (II) AN ELIGIBLE BENEFICIARY UNDER SECTION THIRTY-SIX  HUNDRED  SEVEN-
 TY-FIVE OF THIS ARTICLE;
   (B)  THE  ESTABLISHMENT OF MINIMUM QUALIFICATIONS FOR THE REGISTRATION
 OF LONG TERM CARE SERVICES AND SUPPORTS PROVIDERS  WITH  THE  DEPARTMENT
 PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-ONE OF THIS ARTICLE;
   (C)  THE  ESTABLISHMENT  OF  MAXIMUM  ALLOWABLE  PAYMENTS FOR APPROVED
 SERVICES, IN CONSULTATION WITH AFFECTED STAKEHOLDERS,  WHICH  (I)  SHALL
 NOT  BE  LOWER THAN MEDICAID PAYMENTS FOR COMPARABLE SERVICES, INCLUDING
 LIMITATIONS BASED ON DOLLAR AMOUNT, DURATION, OR NUMBER  OF  VISITS  AND
 (II) SHALL BE SUFFICIENT TO ENSURE THAT LONG TERM CARE PROVIDERS WHO ARE
 INDIVIDUALS  RECEIVE  AT  LEAST  THE  GREATER  OF  (1) ONE HUNDRED FIFTY
 PERCENT OF THE MINIMUM WAGE REQUIRED UNDER SECTION SIX HUNDRED FIFTY-TWO
 OF THE LABOR LAW OR ANY OTHERWISE APPLICABLE WAGE RULE  OR  ORDER  UNDER
 ARTICLE NINETEEN OF THE LABOR LAW WHICH IS OTHERWISE APPLICABLE FOR HOME
 CARE  AIDES  AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS
 CHAPTER, OR (2) THE WAGE OTHERWISE REQUIRED BY LAW TO BE  PAID  TO  HOME
 CARE  AIDES  AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOURTEEN-C OF THIS
 CHAPTER;
   (D) RECOMMENDATIONS TO THE ADVISORY PANEL FOR THE ANNUAL ADJUSTMENT OF
 THE BENEFIT UNIT IN ACCORDANCE WITH SECTIONS THIRTY-SIX HUNDRED  SEVENTY
 AND THIRTY-SIX HUNDRED SEVENTY-THREE OF THIS ARTICLE; AND
   (E)  RECOMMENDATIONS  AS  TO  THE ADOPTION, AMENDMENT OR REPEAL OF ANY
 RULES, REGULATIONS OR POLICIES THE COMMISSION DEEMS NECESSARY TO IMPROVE
 THE OPERATION OF THE PROGRAM AND MAINTAIN SOLVENCY.
   8. THE COMMISSION SHALL MONITOR AGENCY  ADMINISTRATIVE  EXPENSES  OVER
 TIME.
   (A)  BEGINNING  ON  NOVEMBER  FIFTEENTH, TWO THOUSAND TWENTY-FIVE, AND
 ANNUALLY THEREAFTER, THE COMMISSION  SHALL,  IN  CONSULTATION  WITH  THE
 COMPTROLLER,  SUBMIT  AN  ACTUARIAL  REPORT  TO  THE GOVERNOR AND TO THE
 CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS  AND  MEANS
 COMMITTEE.    SUCH  REPORT  SHALL  INCLUDE  AN  ACTUARIAL  REPORT OF THE
 PROJECTED SOLVENCY AND FINANCIAL  STATUS  OF  THE  PROGRAM,  ANTICIPATED
 AGENCY SPENDING AND ANTICIPATED ADMINISTRATIVE EXPENSES IN THE IMPLEMEN-
 TATION AND INITIAL OPERATION OF THE PROGRAM.
   (B) FOR THE ANNUAL REPORT DUE ON NOVEMBER FIFTEENTH OF THE YEAR BEGIN-
 NING FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE COMMISSION
 SHALL  INCLUDE  ITS  RECOMMENDATIONS  FOR A METHOD OF CALCULATING FUTURE
 AGENCY ADMINISTRATIVE EXPENSES TO LIMIT SUCH  EXPENSES  WHILE  PROVIDING
 SUFFICIENT FUNDS TO ADEQUATELY OPERATE THE PROGRAM.
   9.  BEGINNING ON DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY, AND ANNU-
 ALLY THEREAFTER, THE COMMISSION SHALL SUBMIT A REPORT TO THE LEGISLATURE
 ON THE PROGRAM, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING:
   (A) PROJECTED AND ACTUAL PROGRAM PARTICIPATION;
   (B) ADEQUACY OF PREMIUM RATES;
   (C) FUND BALANCES;
   (D) BENEFITS PAID;
   (E) DEMOGRAPHIC INFORMATION ON PROGRAM  PARTICIPANTS,  INCLUDING  AGE,
 GENDER,  RACE, ETHNICITY, GEOGRAPHIC DISTRIBUTION BY COUNTY, LEGISLATIVE
 DISTRICT, AND EMPLOYMENT SECTOR; AND
   (F) THE EXTENT TO WHICH THE OPERATION OF THE PROGRAM HAS  RESULTED  IN
 SAVINGS TO THE MEDICAID PROGRAM BY AVOIDING COSTS THAT WOULD HAVE OTHER-
 WISE BEEN THE RESPONSIBILITY OF THE STATE.
   §  3673.  LONG  TERM  CARE TRUST ADVISORY PANEL. 1. THE LONG TERM CARE
 TRUST ADVISORY PANEL IS HEREBY ESTABLISHED.  THE  ADVISORY  PANEL  SHALL
 CONSIST  OF  EACH  OF  THE MEMBERS OF THE COMMISSION IDENTIFIED IN PARA-
 A. 10143                            8
 
 GRAPHS (A) AND (B) OF SUBDIVISION  TWO  OF  SECTION  THIRTY-SIX  HUNDRED
 SEVENTY-TWO OF THIS ARTICLE, ALL OF WHOM SHALL BE VOTING MEMBERS.
   2. IT SHALL BE THE DUTY OF THE ADVISORY PANEL TO:
   (A)  DETERMINE  ANNUAL  ADJUSTMENTS  TO THE BENEFIT UNIT AS DEFINED IN
 SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED SEVENTY OF THIS ARTICLE;
   (B) REVIEW THE ADEQUACY OF BENEFITS PROVIDED UNDER THIS ARTICLE; AND
   (C) MAKE RECOMMENDATIONS TO THE COMMISSION TO ENSURE THE  SOLVENCY  OF
 THE TRUST FUND.
   3.  THE  COMPTROLLER,  OR  THE  COMPTROLLER'S DESIGNEE, SHALL SERVE AS
 CHAIR OF THE ADVISORY PANEL. THE ADVISORY PANEL SHALL MEET AT LEAST ONCE
 ANNUALLY TO DETERMINE ADJUSTMENTS TO THE BENEFIT UNIT. ADDITIONAL  MEET-
 INGS OF THE ADVISORY PANEL SHALL BE AT THE CALL OF THE CHAIR. A MAJORITY
 OF THE VOTING MEMBERS OF THE ADVISORY PANEL SHALL CONSTITUTE A QUORUM OF
 THE  PANEL,  AND  THE  AFFIRMATIVE  VOTE  OF  SIXTY PERCENT OF THE PANEL
 MEMBERS VOTING SHALL BE NECESSARY FOR ANY ACTION  TO  BE  TAKEN  BY  THE
 ADVISORY  PANEL.  THE  ADVISORY PANEL MAY ADOPT RULES FOR THE CONDUCT OF
 MEETINGS, INCLUDING PROVISIONS FOR MEETINGS AND VOTING TO  BE  CONDUCTED
 BY  TELEPHONIC,  VIDEO, OR OTHER CONFERENCING PROCESS IN ACCORDANCE WITH
 ALL RELEVANT PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
   4. (A) IN DETERMINING ADJUSTMENTS TO THE BENEFIT  UNIT,  THE  ADVISORY
 PANEL SHALL REVIEW THE COMMISSION'S ACTUARIAL AUDIT AND VALUATION OF THE
 TRUST  ACCOUNT, ANY RECOMMENDATIONS BY THE COMMISSION, AND DATA PERTAIN-
 ING TO ECONOMIC INDICATORS, PROGRAM COSTS,  AND  SUSTAINABILITY.    SUCH
 DATA  SHALL  INCLUDE,  WITHOUT  LIMITATION,  DATA  REGARDING  INFLATION,
 REGIONAL DIFFERENCES IN COSTS OF LIVING AND  COSTS  OF  LONG  TERM  CARE
 SERVICES  AND  SUPPORTS, AND WAGES OF INDIVIDUALS WHO ARE LONG TERM CARE
 SERVICES AND SUPPORTS PROVIDERS.
   (B) THE ADVISORY PANEL MAY, TO THE EXTENT THE PANEL DEEMS APPROPRIATE,
 DETERMINE THAT ADJUSTMENTS TO THE BENEFIT UNIT SHALL VARY BY  REGION  IN
 THE  EVENT  THAT  SUCH  A  DETERMINATION  IS NECESSARY TO ACCOMPLISH THE
 PURPOSES OF THIS ARTICLE.
   (C) IN THE ABSENCE OF THE REQUIRED VOTE NECESSARY TO  TAKE  ACTION  TO
 ADJUST  THE BENEFIT UNIT PRIOR TO NOVEMBER FIFTEENTH, THE ADVISORY PANEL
 SHALL ADJUST SUCH BENEFIT UNIT FOR THE SUCCEEDING  YEAR  AS  OF  JANUARY
 FIRST  OF  SUCH  YEAR AS NECESSARY TO REFLECT ANY CHANGE IN THE "CURRENT
 COST OF LIVING INDEX FIGURE" BASED UPON  THE  CONSUMER  PRICE  INDEX  AS
 ISSUED  BY THE BUREAU OF LABOR STATISTICS OF THE  UNITED  STATES DEPART-
 MENT OF LABOR SINCE NOVEMBER FIFTEENTH OF THE PRIOR YEAR.
   5. THE MEMBERS OF THE ADVISORY PANEL SHALL RECEIVE NO COMPENSATION BUT
 SHALL BE REIMBURSED FOR TRAVEL AND OTHER EXPENSES ACTUALLY AND NECESSAR-
 ILY INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   § 3674. QUALIFIED INDIVIDUALS; DETERMINATION. 1. THE DEPARTMENT SHALL,
 IN COORDINATION WITH THE DEPARTMENT OF LABOR, THE COMPTROLLER,  AND  THE
 DEPARTMENT OF TAXATION AND FINANCE, DEVELOP AND MAINTAIN A RECORD OF ALL
 INDIVIDUALS  SUBJECT  TO  THE  PREMIUM  REQUIREMENTS PURSUANT TO SECTION
 THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE.
   2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-SIX,  THE  DEPART-
 MENT  SHALL,  IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION AND THE
 COOPERATIVE AGREEMENT ENTERED INTO  PURSUANT  TO  SUBDIVISION  SIX-C  OF
 SECTION  ONE  HUNDRED  SEVENTY-ONE-A OF THE TAX LAW, AS ADDED BY CHAPTER
 FIVE HUNDRED FORTY-FIVE OF THE LAWS  OF  NINETEEN  HUNDRED  SEVENTY-FIVE
 DEVELOP AND MAINTAIN A RECORD OF:
   (A)  ALL  INDIVIDUALS  SUBJECT  TO THE PREMIUM REQUIREMENTS OF SECTION
 THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE; AND
 A. 10143                            9
 
   (B) EVERY EMPLOYER REQUIRED TO COLLECT AND REMIT PREMIUMS FROM EMPLOY-
 EE WAGES PURSUANT TO  SUBDIVISION  TWO  OF  SECTION  THIRTY-SIX  HUNDRED
 SEVENTY-SEVEN OF THIS ARTICLE.
   3.  THE DEPARTMENT SHALL MONITOR INDIVIDUAL PREMIUM CONTRIBUTIONS PAID
 AND INDIVIDUAL HOURS WORKED FOR THE PURPOSES OF DETERMINING AND  VERIFY-
 ING WHETHER AN INDIVIDUAL IS A QUALIFIED INDIVIDUAL AS DEFINED IN SUBDI-
 VISION SIXTEEN OF SECTION THIRTY-SIX HUNDRED SEVENTY OF THIS ARTICLE.
   4.  THE DEPARTMENT SHALL, IN COOPERATION WITH THE DEPARTMENT OF LABOR,
 THE DEPARTMENT OF TAXATION AND FINANCE,  AND  THE  COMPTROLLER,  MONITOR
 COMPLIANCE BY EMPLOYERS SUBJECT TO THE COLLECTION AND REPORTING REQUIRE-
 MENTS  SET  FORTH  IN  SECTION  THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS
 ARTICLE, ARTICLE EIGHTEEN OF THE LABOR LAW, AND ARTICLES EIGHT AND TWEN-
 TY-TWO OF THE TAX LAW; AND COLLECT, MONITOR, MAINTAIN,  AND  DISPOSE  OF
 ANY  OTHER  INFORMATION  THAT  THE  DEPARTMENT, IN CONSULTATION WITH THE
 DEPARTMENT OF LABOR, THE COMPTROLLER, THE COMMISSIONER OF  TAXATION  AND
 FINANCE, AND THE COMMISSION, SHALL DEEM RELEVANT AND NECESSARY TO COMPLY
 WITH  THE  REPORTING, MONITORING, ADMINISTERING, OR EVALUATION RESPONSI-
 BILITIES REQUIRED PURSUANT TO THIS ARTICLE  OR  OTHERWISE  NECESSARY  TO
 ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
   5.  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, THE
 COMPTROLLER, AND THE COMMISSIONER OF TAXATION AND FINANCE, SHALL  ESTAB-
 LISH  PROCEDURES  TO MONITOR INDIVIDUAL PREMIUM CONTRIBUTIONS AND VERIFY
 BENEFIT ELIGIBILITY PURSUANT TO SECTION THIRTY-SIX HUNDRED  SEVENTY-FIVE
 OF THIS ARTICLE.
   6.  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, THE
 COMPTROLLER, AND THE COMMISSIONER OF TAXATION AND FINANCE, SHALL PUBLISH
 AND DISTRIBUTE EDUCATIONAL MATERIALS ABOUT THE PROGRAM TO INFORM EMPLOY-
 EES, EMPLOYERS AND MEMBERS OF THE PUBLIC OF THEIR RIGHTS AND OBLIGATIONS
 UNDER THIS ARTICLE AND THE BENEFITS AVAILABLE UNDER THE PROGRAM.
   § 3675. ELIGIBLE BENEFICIARIES; DETERMINATION. 1. BEGINNING ON JANUARY
 FIRST OF THE YEAR BEGINNING FIVE YEARS AFTER THE EFFECTIVE DATE OF  THIS
 ARTICLE,  AND  THEREAFTER, APPROVED LONG TERM CARE SERVICES AND SUPPORTS
 BENEFITS SHALL BE AVAILABLE, WITHOUT REGARD TO INCOME OR RESOURCES,  FOR
 ELIGIBLE  BENEFICIARIES  WHO  ARE ASSESSED AS NEEDING ASSISTANCE WITH AT
 LEAST TWO ACTIVITIES OF DAILY LIVING BY  THE  DEPARTMENT  IN  ACCORDANCE
 WITH THE PROVISIONS OF THIS SECTION.
   2. ANY QUALIFIED INDIVIDUAL, OR ANY PERSON AUTHORIZED BY LAW TO ACT ON
 BEHALF  OF A QUALIFIED INDIVIDUAL, MAY APPLY FOR LONG TERM CARE BENEFITS
 PROVIDED UNDER THIS ARTICLE BY FILING AN APPLICATION THEREFOR  WITH  THE
 DEPARTMENT  IN  WRITING,  BY  TELEPHONE,  ONLINE, OR BY ANY OTHER MANNER
 APPROVED BY THE COMMISSIONER FOR SUCH PURPOSE.
   3. (A) UPON RECEIPT OF SUCH APPLICATION, THE DEPARTMENT OR  ITS  AGENT
 SHALL  VERIFY THAT THE APPLICANT IS A QUALIFIED INDIVIDUAL AS DEFINED IN
 SUBDIVISION SIXTEEN OF SECTION THIRTY-SIX HUNDRED SEVENTY OF THIS  ARTI-
 CLE,  AND  UPON SUCH VERIFICATION, SHALL PERFORM AN ELIGIBILITY DETERMI-
 NATION, WHICH SHALL INCLUDE AN ASSESSMENT OF WHETHER THE APPLICANT NEEDS
 ASSISTANCE WITH AT LEAST TWO ACTIVITIES OF  DAILY  LIVING,  DEFINED  AND
 DETERMINED  BY  USING  AN EVIDENCE BASED VALIDATED ASSESSMENT INSTRUMENT
 APPROVED BY THE COMMISSIONER AND IN ACCORDANCE WITH REGULATIONS  OF  THE
 DEPARTMENT  AND  ANY APPLICABLE STATE AND FEDERAL LAWS BY AN INDEPENDENT
 ASSESSOR, OF WHICH SUCH INDEPENDENT ASSESSOR MAY BE, SUBJECT TO APPROVAL
 BY THE COMMISSIONER, A LICENSED HEALTH CARE  PROVIDER  SELECTED  BY  THE
 APPLICANT.
   (B)  THE  DEPARTMENT  SHALL  COMPLETE  THE  ELIGIBILITY  DETERMINATION
 REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION OR ANY SUBSEQUENT
 REDETERMINATION OF ELIGIBILITY UNDER THIS ARTICLE AND DECIDE WHETHER THE
 A. 10143                           10

 APPLICANT IS ELIGIBLE FOR BENEFITS WITHIN FORTY-FIVE DAYS OF THE DATE OF
 A COMPLETED APPLICATION FOR BENEFITS.
   (C)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS SUBDIVISION, THE
 DEPARTMENT SHALL DEVELOP EXPEDITED PROCEDURES FOR DETERMINING  ELIGIBIL-
 ITY  FOR AN APPLICANT WITH AN IMMEDIATE NEED FOR LONG TERM CARE SERVICES
 AND SUPPORTS WHEREBY A FINAL ELIGIBILITY  DETERMINATION  SHALL  BE  MADE
 WITHIN SEVEN DAYS OF THE DATE OF A COMPLETED APPLICATION FOR BENEFITS.
   4.  THE  DEPARTMENT  SHALL  NOTIFY THE APPLICANT OF THE RESULTS OF THE
 DEPARTMENT'S ELIGIBILITY DETERMINATION, AND,  WHERE  SUCH  APPLICANT  IS
 FOUND  TO BE AN ELIGIBLE BENEFICIARY, THE AMOUNT OF BENEFIT UNITS AVAIL-
 ABLE AND THE DATE ON WHICH SUCH BENEFIT UNITS SHALL BECOME  PAYABLE  FOR
 APPROVED  SERVICES ON BEHALF OF THE ELIGIBLE BENEFICIARY, WHICH SHALL BE
 THE DATE OF THE APPLICATION, OR SUBJECT TO APPLICABLE  DEPARTMENT  REGU-
 LATIONS,  SUCH  EARLIER  DATE  AS  MAY BE DEEMED REASONABLE BASED ON THE
 NEEDS OF THE BENEFICIARY. WHERE SUCH APPLICANT IS FOUND INELIGIBLE,  THE
 DEPARTMENT  SHALL NOTIFY THE APPLICANT OF THE REASONS THEREFOR AND SHALL
 ADVISE SUCH APPLICANT OF THE APPLICANT'S RIGHT TO APPEAL  SUCH  DETERMI-
 NATION PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-NINE OF THIS ARTI-
 CLE.
   5.  (A) ALL CONTINUING BENEFITS UNDER THIS ARTICLE SHALL BE SUBJECT TO
 RECONSIDERATION AND REDETERMINATION  AS  FREQUENTLY  AS  THE  DEPARTMENT
 DEEMS NECESSARY TO ENSURE THAT EACH PERSON RECEIVING BENEFITS UNDER THIS
 ARTICLE  CONTINUES TO BE IN NEED OF LONG TERM CARE SERVICES AND SUPPORTS
 AND HAS NOT EXHAUSTED THE LIFETIME BENEFIT  LIMIT.  THE  DEPARTMENT  MAY
 CONDUCT  ANY INVESTIGATION IT MAY DEEM NECESSARY OR REQUIRED TO EFFECTU-
 ATE THE PURPOSES OF THIS SUBDIVISION.
   (B) THE DEPARTMENT SHALL  DEVELOP  A  SIMPLIFIED  STATEWIDE  RECERTIF-
 ICATION FORM FOR USE IN REDETERMINING ELIGIBILITY UNDER THIS ARTICLE.
   6.  (A)  AN  ELIGIBLE  BENEFICIARY  SHALL RECEIVE BENEFITS THROUGH THE
 PROGRAM IN THE FORM OF A BENEFIT UNIT PAYABLE BY  THE  DEPARTMENT  TO  A
 REGISTERED LONG TERM CARE PROVIDER FOR APPROVED SERVICES AND SUPPORTS IN
 AN  AMOUNT  DETERMINED BY THE ADVISORY PANEL PURSUANT TO SECTION THIRTY-
 SIX HUNDRED SEVENTY-THREE OF THIS ARTICLE.  IF  THE  VALUE  OF  SERVICES
 PROVIDED  TO  AN  ELIGIBLE BENEFICIARY ON A SINGLE DATE IS LESS THAN THE
 BENEFIT UNIT, ONLY THE PORTION OF THE BENEFIT UNIT THAT IS ACTUALLY PAID
 ON SUCH BENEFICIARY'S BEHALF SHALL  BE  TAKEN  INTO  CONSIDERATION  WHEN
 CALCULATING  THE  BALANCE  OF  SUCH PERSON'S LIFETIME BENEFIT LIMIT. THE
 BALANCE OF THE BENEFIT UNIT NOT  EXPENDED  ON  SUCH  DATE  SHALL  REMAIN
 AVAILABLE  TO  THE ELIGIBLE BENEFICIARY FOR USE IN ACCORDANCE WITH PARA-
 GRAPH (B) OF THIS SUBDIVISION OR UNTIL OTHERWISE EXHAUSTED  PURSUANT  TO
 THIS ARTICLE.
   (B)  NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS ARTICLE, AN ELIGI-
 BLE BENEFICIARY MAY RECEIVE BENEFITS IN EXCESS OF THE  BENEFIT  UNIT  AS
 DEFINED  IN  SUBDIVISION  THREE OF SECTION THIRTY-SIX HUNDRED SEVENTY OF
 THIS ARTICLE, FOR SERVICES PROVIDED ON A SINGLE DATE, PROVIDED THAT SUCH
 ELIGIBLE BENEFICIARY HAS NOT EXHAUSTED THE LIFETIME BENEFIT LIMIT. IN NO
 EVENT SHALL A PERSON RECEIVE BENEFITS  UNDER  THIS  ARTICLE  AFTER  SUCH
 PERSON'S LIFETIME BENEFIT LIMIT HAS BEEN EXHAUSTED.
   7.  THE  DEPARTMENT  SHALL DEVELOP PROCEDURES TO MONITOR EACH ELIGIBLE
 BENEFICIARY'S USE OF BENEFIT UNITS AND SHALL NOTIFY  ELIGIBLE  BENEFICI-
 ARIES OF THE BALANCE OF BENEFIT UNITS REMAINING WITHIN A REASONABLE TIME
 AFTER APPROVED SERVICES ARE RENDERED.
   8.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION OF LAW, BENEFITS PAID ON
 BEHALF OF AN INDIVIDUAL PURSUANT TO THIS ARTICLE SHALL NOT BE CONSIDERED
 INCOME OR RESOURCES FOR THE PURPOSES OF ANY DETERMINATIONS OF  ELIGIBIL-
 ITY FOR ANY OTHER STATE PROGRAM OR BENEFIT, INCLUDING BUT NOT LIMITED TO
 A. 10143                           11
 
 MEDICAL ASSISTANCE, ANY STATE OR FEDERAL PROGRAM, MEDICAID, OR ANY OTHER
 MEANS-TESTED PROGRAM OR BENEFIT.
   9.  NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF LAW, NOTHING IN THIS
 ARTICLE SHALL BE CONSTRUED TO CREATE AN ENTITLEMENT FOR  ANY  INDIVIDUAL
 TO  RECEIVE, OR REQUIRE THE STATE OR ANY DEPARTMENT OR AGENCY THEREOF TO
 PROVIDE, CASE MANAGEMENT SERVICES, INCLUDING, BUT NOT LIMITED  TO,  CASE
 MANAGEMENT  SERVICES  UNDER  TITLE  ELEVEN OF ARTICLE FIVE OF THE SOCIAL
 SERVICES LAW.
   § 3676. REIMBURSEMENT FOR SERVICES AND  SUPPORTS.  1.    BEGINNING  ON
 JANUARY  FIRST OF THE YEAR BEGINNING FIVE YEARS AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE, THE DEPARTMENT SHALL  REIMBURSE  REGISTERED  LONG  TERM
 CARE  PROVIDERS FOR APPROVED SERVICES RENDERED TO ELIGIBLE BENEFICIARIES
 IN ACCORDANCE WITH THIS ARTICLE.  REIMBURSEMENT  FOR  SERVICES  PROVIDED
 PURSUANT  TO  THIS  SECTION  SHALL  BE PAID TO REGISTERED LONG TERM CARE
 PROVIDERS AT SUCH TIMES  AND  IN  SUCH  MANNER  AS  THE  DEPARTMENT  MAY
 PRESCRIBE,  PROVIDED  HOWEVER,  SUCH PAYMENTS SHALL BE MADE NO LESS THAN
 QUARTERLY.
   2. THE DEPARTMENT MAY REIMBURSE QUALIFIED FAMILY MEMBERS FOR PROVIDING
 APPROVED PERSONAL CARE SERVICES IN THE SAME MANNER AS REIMBURSEMENTS ARE
 PAID TO AN INDIVIDUAL PROVIDER, WHETHER  DIRECTLY,  THROUGH  A  LICENSED
 HOME  CARE  AGENCY,  OR  THROUGH  A  THIRD  OPTION IF RECOMMENDED BY THE
 COMMISSION AND ADOPTED BY THE DEPARTMENT.
   3. (A) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN A  REGISTRY  OF  LONG
 TERM  CARE PROVIDERS IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION THIR-
 TY-SIX HUNDRED SEVENTY-ONE OF THIS ARTICLE, AND IN CONSULTATION WITH THE
 COMMISSION, SHALL ESTABLISH STANDARDS AND PROCEDURES FOR:
   (I) REGISTRATION WITH THE DEPARTMENT PURSUANT TO THIS SECTION; AND
   (II) THE SUSPENSION, REVOCATION, OR TERMINATION OF A PROVIDER'S REGIS-
 TRATION OR OTHER LIMITATION ON THE PROVIDER'S AUTHORIZATION  TO  PROVIDE
 SERVICES UNDER THE PROGRAM WHERE IT IS DETERMINED THAT:
   (A) THE PROVIDER IS INCOMPETENT;
   (B) THE PROVIDER HAS EXHIBITED A COURSE OF CONDUCT WHICH IS INCONSIST-
 ENT WITH PROGRAM STANDARDS AND REGULATIONS; OR
   (C) THE PROVIDER HAS WILLFULLY FAILED TO COMPLY WITH PROGRAM STANDARDS
 AND REGULATIONS.
   (B)  BEGINNING  ON  AND AFTER JANUARY FIRST OF THE YEAR BEGINNING FIVE
 YEARS AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE  AND  THEREAFTER,  ALL
 INFORMATION  IN  THE  REGISTRY DEVELOPED AND MAINTAINED PURSUANT TO THIS
 SUBDIVISION, INCLUDING ANY AND ALL RECORDS  RELATING  TO  ACTIONS  TAKEN
 PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL
 BE READILY ACCESSIBLE ON THE DEPARTMENT'S WEBSITE BY THE PUBLIC.
   4.  A  LONG  TERM CARE SERVICES AND SUPPORTS PROVIDER WHICH EMPLOYS OR
 CONTRACTS WITH ONE OR  MORE  INDIVIDUALS  PERFORMING  APPROVED  SERVICES
 SHALL  PAY  SUCH INDIVIDUALS NO LESS THAN THE GREATER OF (A) ONE HUNDRED
 FIFTY PERCENT OF THE MINIMUM WAGE REQUIRED  UNDER  SECTION  SIX  HUNDRED
 FIFTY-TWO  OF  THE  LABOR  LAW  OR ANY OTHERWISE APPLICABLE WAGE RULE OR
 ORDER UNDER ARTICLE NINETEEN OF THE LABOR LAW WHICH IS OTHERWISE  APPLI-
 CABLE FOR HOME CARE AIDES AS DEFINED IN SECTION THIRTY-SIX HUNDRED FOUR-
 TEEN-C  OF THIS CHAPTER, OR (B) THE WAGE OTHERWISE REQUIRED BY LAW TO BE
 PAID TO HOME CARE AIDES AS DEFINED IN SECTION THIRTY-SIX  HUNDRED  FOUR-
 TEEN-C OF THIS CHAPTER.
   §  3677. INDIVIDUAL PREMIUM CONTRIBUTIONS. 1. BEGINNING JANUARY FIRST,
 OF THE YEAR BEGINNING TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  ARTI-
 CLE,  EVERY  EMPLOYEE, AND EVERY SELF-EMPLOYED INDIVIDUAL, UNLESS OTHER-
 WISE EXEMPT, SHALL CONTRIBUTE TO THE COST OF PROVIDING  LONG  TERM  CARE
 BENEFITS  UNDER THIS ARTICLE BY PAYMENT OF THE PREMIUM ASSESSED PURSUANT
 A. 10143                           12
 
 TO THIS SECTION.  THE INITIAL PREMIUM CONTRIBUTION RATE AND ANY  ADJUST-
 MENTS  TO  SUCH RATE SHALL BE SET BY THE COMPTROLLER, AFTER CONSULTATION
 WITH THE COMMISSION, AT THE LOWEST  AMOUNT  NECESSARY  TO  MAINTAIN  THE
 ACTUARIAL  SOLVENCY  OF  THE  LONG TERM CARE SERVICES AND SUPPORTS TRUST
 FUND, IN ACCORDANCE WITH RECOGNIZED INSURANCE PRINCIPLES AND IN A MANNER
 DESIGNED TO LIMIT FLUCTUATIONS IN SUCH RATE.
   (A) THE INITIAL PREMIUM CONTRIBUTION RATE SHALL BE SET NO  LATER  THAN
 SEPTEMBER  THIRTIETH  OF THE YEAR BEGINNING ONE YEAR AFTER THE EFFECTIVE
 DATE OF THIS ARTICLE AND SHALL  BECOME  APPLICABLE  TO  EACH  EMPLOYEE'S
 WAGES  PAID  OR  SELF-EMPLOYED  INDIVIDUAL'S  INCOME EARNED ON AND AFTER
 JANUARY FIRST OF THE YEAR BEGINNING TWO YEARS AFTER THE  EFFECTIVE  DATE
 OF THIS ARTICLE.
   (B) BEGINNING JANUARY FIRST OF THE YEAR BEGINNING FOUR YEARS AFTER THE
 EFFECTIVE  DATE  OF  THIS  ARTICLE, AND BIENNIALLY THEREAFTER, THE COMP-
 TROLLER SHALL MAKE SUCH ADJUSTMENTS TO THE PREMIUM CONTRIBUTION RATE, IF
 NECESSARY, AND AFTER CONSULTATION WITH THE COMMISSION,  TO  ENSURE  THAT
 SUCH RATE CONTINUES TO BE SET AT THE LOWEST AMOUNT NECESSARY TO MAINTAIN
 THE ACTUARIAL SOLVENCY OF THE LONG TERM CARE SERVICES AND SUPPORTS TRUST
 FUND, IN ACCORDANCE WITH RECOGNIZED INSURANCE PRINCIPLES AND IN A MANNER
 DESIGNED TO LIMIT FLUCTUATIONS IN THE PREMIUM RATE.
   2.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY EMPLOYER IS
 AUTHORIZED TO COLLECT FROM ITS EMPLOYEES,  THE  PREMIUM  ASSESSED  UNDER
 SUBDIVISION  ONE  OF  THIS SECTION, THROUGH PAYROLL DEDUCTIONS AND REMIT
 THE AMOUNTS SO COLLECTED TO THE DEPARTMENT OF TAXATION  AND  FINANCE  IN
 ACCORDANCE  WITH  THE PROVISIONS OF SECTION FOUR HUNDRED SEVENTY-FOUR OF
 THE TAX LAW.
   (B) WHEN COLLECTING EMPLOYEE PREMIUMS THROUGH PAYROLL DEDUCTIONS,  THE
 EMPLOYER  SHALL  ACT  AS  THE AGENT OF ITS EMPLOYEES AND SHALL REMIT ALL
 SUCH AMOUNTS TO THE DEPARTMENT OF TAXATION AND FINANCE  AS  REQUIRED  BY
 SUBPARAGRAPH  (D)  OF  PARAGRAPH  FOUR  OF SUBSECTION (A) OF SECTION SIX
 HUNDRED SEVENTY-FOUR OF THE TAX LAW.
   3. PREMIUMS SHALL BE COLLECTED AT THE SAME TIME AND  IN  THE  SAME  OR
 SUBSTANTIALLY  SIMILAR MANNER AS THE ASSESSMENT, COLLECTION, AND REPORT-
 ING PROCEDURES USED FOR THE WITHHOLDING OF TAX PURSUANT TO TITLE FIVE OF
 ARTICLE TWENTY-TWO OF THE TAX LAW OR, IN THE CASE OF AN  INDIVIDUAL  WHO
 IS  SELF-EMPLOYED,  INCLUDING A SOLE PROPRIETOR, INDEPENDENT CONTRACTOR,
 MEMBER OF A LIMITED  LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP,
 OR OTHER SELF-EMPLOYED PERSON, AT THE SAME  TIME  AND  IN  THE  SAME  OR
 SUBSTANTIALLY  SIMILAR MANNER AS THE ASSESSMENT, COLLECTION, AND REPORT-
 ING PROCEDURES USED FOR THE PAYMENT OF TAX  PURSUANT  TO  PART  FOUR  OF
 ARTICLE TWENTY-TWO OF THE TAX LAW.
   4.  THE  DEPARTMENT, IN COORDINATION WITH THE DEPARTMENT OF LABOR, THE
 DEPARTMENT OF TAXATION AND FINANCE, AND THE COMPTROLLER SHALL PROMULGATE
 RULES FOR DETERMINING THE HOURS WORKED AND THE  WAGES  OF  SELF-EMPLOYED
 INDIVIDUALS.
   5.  THE  DEPARTMENT OF TAXATION AND FINANCE SHALL DEPOSIT ALL PREMIUMS
 COLLECTED UNDER THIS SECTION IN THE LONG TERM CARE SERVICES AND SUPPORTS
 TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-RR OF  THE  STATE
 FINANCE LAW.
   6.  IF THE PREMIUMS ESTABLISHED IN THIS SECTION ARE CHANGED, THE COMP-
 TROLLER SHALL NOTIFY EACH INDIVIDUAL SUBJECT TO  THIS  SECTION  BY  MAIL
 THAT SUCH PERSON'S PREMIUMS HAVE CHANGED.
   7.  (A)(I) NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION, THE
 FOLLOWING INDIVIDUALS MAY  APPLY  FOR  AN  EXEMPTION  FROM  THE  PREMIUM
 CONTRIBUTIONS  REQUIRED  UNDER  SUBDIVISION  ONE  OF  THIS  SECTION,  AS
 PROVIDED IN THIS SUBDIVISION:
 A. 10143                           13
 
   (1) AN INDIVIDUAL WHO HAS MAINTAINED PRIVATE LONG TERM CARE  INSURANCE
 COVERAGE ON AN UNINTERRUPTED BASIS BEGINNING NO LATER THAN JANUARY FIRST
 OF THE YEAR IN WHICH THIS ARTICLE TAKES EFFECT;
   (2)  A VETERAN OF THE UNITED STATES MILITARY WHO HAS BEEN RATED BY THE
 UNITED STATES DEPARTMENT OF VETERANS' AFFAIRS AS HAVING  A  SERVICE-CON-
 NECTED DISABILITY OF SEVENTY PERCENT OR GREATER;
   (3)  A SPOUSE OR REGISTERED DOMESTIC PARTNER OF AN ACTIVE DUTY SERVICE
 MEMBER IN THE UNITED STATES ARMED FORCES  WHETHER  OR  NOT  DEPLOYED  OR
 STATIONED WITHIN OR OUTSIDE OF THE STATE OF NEW YORK;
   (4)  AN  EMPLOYEE WHO HOLDS A NONIMMIGRANT VISA FOR TEMPORARY WORKERS,
 AS RECOGNIZED BY FEDERAL LAW, AND IS EMPLOYED  BY  AN  EMPLOYER  IN  THE
 STATE OF NEW YORK; OR
   (5)  AN  INDIVIDUAL  WHO  MAINTAINS A PERMANENT ADDRESS OUTSIDE OF THE
 STATE OF NEW YORK AS THE INDIVIDUAL'S PRIMARY LOCATION OF RESIDENCE.
   (II) SUCH REQUEST FOR AN EXEMPTION SHALL BE MADE IN SUCH FORM  AND  IN
 SUCH  MANNER AS THE DEPARTMENT SHALL PRESCRIBE FOR SUCH PURPOSE NO LATER
 THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   (III) THE DEPARTMENT  SHALL  REVIEW  EACH  REQUEST  FOR  AN  EXEMPTION
 SUBMITTED  PURSUANT  TO  SUBPARAGRAPH  (I) OF THIS PARAGRAPH, AND UPON A
 DETERMINATION THAT THE INDIVIDUAL SATISFIES THE REQUIREMENTS IN  ACCORD-
 ANCE  WITH  THIS  PARAGRAPH,  THE  DEPARTMENT SHALL ISSUE NOTICE TO SUCH
 INDIVIDUAL OF SUCH INDIVIDUAL'S EXEMPTION FROM PAYING  PREMIUM  CONTRIB-
 UTIONS  BEGINNING  THIRTY  DAYS  AFTER  THE  ISSUANCE  OF SUCH NOTICE OF
 EXEMPTION.
   (IV) AN EXEMPTION ISSUED TO AN INDIVIDUAL PURSUANT TO THIS SUBDIVISION
 SHALL RELIEVE SUCH INDIVIDUAL'S EMPLOYER, IF ANY, OF THE DUTY TO COLLECT
 PREMIUMS PURSUANT  TO  SUBDIVISIONS  TWO  AND  THREE  OF  THIS  SECTION,
 PROVIDED,  HOWEVER,  THAT  THE  INDIVIDUAL SHALL HAVE FIRST GIVEN PROPER
 NOTICE OF SUCH EXEMPTION TO THE  EMPLOYER,  INCLUDING  A  COPY  OF  SUCH
 EXEMPTION,  TOGETHER  WITH  ANY  ADDITIONAL MATERIALS THE DEPARTMENT MAY
 REQUIRE.  NO SUCH EMPLOYER SHALL BE LIABLE TO AN INDIVIDUAL FOR CONTINU-
 ING TO COLLECT PREMIUM CONTRIBUTIONS IN THE EVENT  THAT  THE  INDIVIDUAL
 FAILS  TO PROVIDE THE NOTICE OF EXEMPTION TO SUCH EMPLOYER IN ACCORDANCE
 WITH THIS SUBPARAGRAPH.
   (B) (I) IF AN INDIVIDUAL WHO HAS BEEN ISSUED AN EXEMPTION FROM  PAYING
 PREMIUM  CONTRIBUTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION DUE
 TO HAVING MAINTAINED PRIVATE LONG TERM CARE  INSURANCE  COVERAGE  ON  AN
 UNINTERRUPTED  BASIS  CEASES  TO  HOLD  PRIVATE LONG TERM CARE INSURANCE
 COVERAGE, SUCH INDIVIDUAL SHALL NOTIFY THE DEPARTMENT AND SUCH  INDIVID-
 UAL'S  EMPLOYER,  IF  ANY,  OF THE TERMINATION OF SUCH PRIVATE LONG TERM
 CARE INSURANCE COVERAGE WITHIN THIRTY DAYS  OF  SUCH  TERMINATION.  SUCH
 NOTICE SHALL BE IN WRITING AND SUBMITTED IN SUCH FORM AND IN SUCH MANNER
 AS  THE  DEPARTMENT  SHALL  PRESCRIBE  FOR SUCH PURPOSE, AND SHALL STATE
 WHETHER THE INDIVIDUAL INTENDS TO OBTAIN PRIVATE LONG TERM  CARE  INSUR-
 ANCE COVERAGE WITHIN NINETY DAYS FOLLOWING THE CESSATION OF COVERAGE. IF
 THE  INDIVIDUAL  SUBSEQUENTLY  OBTAINS LONG TERM CARE INSURANCE COVERAGE
 WITHIN SUCH NINETY-DAY  PERIOD,  THE  INDIVIDUAL  SHALL  SO  NOTIFY  THE
 DEPARTMENT AND THE INDIVIDUAL'S EMPLOYER, IF ANY.
   (II)  IN THE EVENT THAT AN INDIVIDUAL DESCRIBED IN SUBPARAGRAPH (I) OF
 THIS PARAGRAPH CEASES TO HOLD PRIVATE LONG TERM CARE INSURANCE  COVERAGE
 FOR A PERIOD OF MORE THAN NINETY DAYS, THE EXEMPTION FROM PAYING PREMIUM
 CONTRIBUTIONS ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE AUTOMATICALLY
 AND  PERMANENTLY REVOKED AND SUCH INDIVIDUAL SHALL THEREAFTER BE RESPON-
 SIBLE FOR THE PAYMENT OF ALL PREMIUM CONTRIBUTIONS REQUIRED PURSUANT  TO
 SUBDIVISION  ONE OF THIS SECTION AND SHALL NO LONGER BE ELIGIBLE FOR ANY
 NEW EXEMPTION UNDER THIS SUBDIVISION.  THE INDIVIDUAL SHALL BE RESPONSI-
 A. 10143                           14
 
 BLE FOR NOTIFYING THE DEPARTMENT AND THEIR  EMPLOYER,  IF  ANY,  IN  THE
 EVENT  OF  SUCH  CESSATION  OF  COVERAGE FOR MORE THAN NINETY DAYS.  ANY
 PREMIUM CONTRIBUTIONS NOT PAID AFTER SUCH DATE SHALL BE SUBJECT TO  SUCH
 REASONABLE MONETARY PENALTIES AND INTEREST AS SHALL BE DETERMINED BY THE
 DEPARTMENT  AND  MAY LEVY AN ADDITIONAL PREMIUM FOR THE REMAINDER OF THE
 PERIOD OF COVERAGE.
   (C) AN INDIVIDUAL RECEIVING AN EXEMPTION PURSUANT TO PARAGRAPH (A)  OF
 THIS  SUBDIVISION, SHALL FORFEIT ANY AND ALL RIGHTS TO RECEIVE  BENEFITS
 UNDER THIS ARTICLE AND SHALL IN NO  EVENT  BE  AN  ELIGIBLE  BENEFICIARY
 UNDER THIS ARTICLE WHILE SUCH EXEMPTION IS IN EFFECT.
   (D) AN EMPLOYER OF AN INDIVIDUAL WHOSE EXEMPTION IS REVOKED IN ACCORD-
 ANCE  WITH  THIS  SUBDIVISION  SHALL NOT BE HELD LIABLE FOR A FAILURE TO
 COLLECT PREMIUM CONTRIBUTIONS TO THE EXTENT SUCH EMPLOYER WAS NOT  AWARE
 OF  SUCH  CESSATION  OF  COVERAGE AND DID NOT HAVE REASON TO BE AWARE OF
 SUCH CESSATION OF COVERAGE, PROVIDED THAT SUCH EXEMPTION FROM  LIABILITY
 SHALL TERMINATE WHEN SUCH EMPLOYER BECOMES SO AWARE.
   (E)  IF  AN  INDIVIDUAL WHO HAS BEEN ISSUED A NOTICE OF EXEMPTION FROM
 PAYING PREMIUM CONTRIBUTIONS ON THE BASIS OF A STATUS LISTED IN  CLAUSES
 TWO  THROUGH  FIVE OF SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, HAS A CHANGE OF STATUS WHICH WOULD RENDER THEM  OTHERWISE  SUBJECT
 TO  THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION, SUCH INDIVIDUAL
 SHALL BE OBLIGATED TO SO INFORM THE DEPARTMENT AND  THEIR  EMPLOYER,  IF
 ANY, WITHIN THIRTY DAYS. THE EXEMPTION FROM PAYING PREMIUM CONTRIBUTIONS
 ISSUED PURSUANT TO THIS SUBDIVISION SHALL BE DISCONTINUED AND SUCH INDI-
 VIDUAL  SHALL  THEREAFTER  BE RESPONSIBLE FOR THE PAYMENT OF ALL PREMIUM
 CONTRIBUTIONS.
   § 3678. APPEALS AND APPEAL HEARINGS. 1. ANY APPLICANT OR RECIPIENT, OR
 ANY INDIVIDUAL AUTHORIZED TO ACT ON BEHALF  OF  ANY  SUCH  APPLICANT  OR
 RECIPIENT,  AND ANY LONG TERM CARE PROVIDER MAY APPEAL TO THE DEPARTMENT
 FROM DETERMINATIONS OF DEPARTMENT OFFICIALS OR FAILURES TO MAKE DETERMI-
 NATIONS UPON GROUNDS SPECIFIED IN SUBDIVISION FOUR OF THIS SECTION.  THE
 DEPARTMENT SHALL REVIEW THE APPEAL DE NOVO AND GIVE SUCH PERSON OR ENTI-
 TY AN OPPORTUNITY FOR AN APPEAL HEARING. THE DEPARTMENT MAY ALSO, ON ITS
 OWN MOTION, REVIEW ANY DECISION MADE OR ANY CASE IN WHICH A DECISION HAS
 NOT  BEEN  MADE  BY THE DEPARTMENT OFFICIAL WITHIN THE TIME SPECIFIED BY
 LAW OR REGULATIONS OF THE DEPARTMENT. THE DEPARTMENT MAY MAKE SUCH ADDI-
 TIONAL INVESTIGATION AS IT MAY  DEEM  NECESSARY,  AND  THE  COMMISSIONER
 SHALL  MAKE  SUCH  DETERMINATION  AS IS JUSTIFIED AND IN ACCORDANCE WITH
 APPLICABLE LAW.
   2. REGARDING ANY APPEAL PURSUANT TO THIS SECTION, WITH OR  WITHOUT  AN
 APPEAL HEARING, THE COMMISSIONER MAY DESIGNATE AND AUTHORIZE ONE OR MORE
 APPROPRIATE  MEMBERS  OF  HIS  OR  HER STAFF TO CONSIDER AND DECIDE SUCH
 APPEALS. ANY STAFF MEMBER SO DESIGNATED SHALL BE  AUTHORIZED  TO  DECIDE
 SUCH  APPEALS  ON  BEHALF  OF  THE  COMMISSIONER WITH THE SAME FORCE AND
 EFFECT AS IF THE COMMISSIONER HAD MADE SUCH DECISIONS.  APPEAL  HEARINGS
 SHALL  BE  HELD  ON  BEHALF OF THE COMMISSIONER BY MEMBERS OF HIS OR HER
 STAFF WHO ARE EMPLOYED FOR SUCH PURPOSES OR WHO HAVE BEEN DESIGNATED AND
 AUTHORIZED BY THE COMMISSIONER.
   3. PERSONS ENTITLED TO APPEAL  TO  THE  DEPARTMENT  PURSUANT  TO  THIS
 SECTION MUST INCLUDE:
   (A)  APPLICANTS FOR OR RECIPIENTS OF LONG TERM CARE BENEFITS UNDER THE
 PROGRAM;
   (B) LONG TERM CARE SERVICES AND SUPPORTS PROVIDERS; AND
   (C) SUCH OTHER PERSONS AS THE COMMISSIONER MAY DEEM TO BE ENTITLED  TO
 AN OPPORTUNITY FOR AN APPEAL HEARING.
 A. 10143                           15
 
   4.  AN  APPLICANT,  BENEFICIARY, OR LONG TERM CARE PROVIDER SHALL HAVE
 THE RIGHT TO APPEAL AT LEAST THE FOLLOWING ISSUES:
   (A) AN ELIGIBILITY DETERMINATION MADE IN ACCORDANCE WITH SECTION THIR-
 TY-SIX HUNDRED SEVENTY-FIVE OF THIS ARTICLE, INCLUDING:
   (I)  AN  INITIAL DETERMINATION AS TO WHETHER THE APPLICANT IS A QUALI-
 FIED INDIVIDUAL;
   (II) AN INITIAL DETERMINATION AS TO WHETHER THE APPLICANT IS AN ELIGI-
 BLE BENEFICIARY, INCLUDING WHETHER:
   (A) THE APPLICANT NEEDS ASSISTANCE WITH AT  LEAST  TWO  ACTIVITIES  OF
 DAILY LIVING; AND/OR
   (B) THE APPLICANT HAS EXHAUSTED THE LIFETIME BENEFIT LIMIT;
   (III)  A  CONTINUING ELIGIBILITY DETERMINATION OR REDETERMINATION WITH
 RESPECT TO A BENEFICIARY PURSUANT TO SUBDIVISION FIVE OF  SECTION  THIR-
 TY-SIX HUNDRED SEVENTY-FIVE OF THIS ARTICLE;
   (B)  A  FAILURE  BY THE DEPARTMENT TO PROVIDE TIMELY WRITTEN NOTICE OF
 ANY ELIGIBILITY DETERMINATION MADE IN ACCORDANCE WITH THIS ARTICLE, THIS
 CHAPTER, OR ANY OTHER APPLICABLE LAW; AND
   (C) A DETERMINATION WITH RESPECT TO A LONG TERM CARE PROVIDER, INCLUD-
 ING:
   (I) SUSPENSION, REVOCATION, LIMITATION OR ANNULMENT  OF  QUALIFICATION
 FOR PARTICIPATION AS A PROVIDER UNDER THE PROGRAM;
   (II)  DISPUTES  RELATING  TO  PAYMENTS AND REIMBURSEMENTS FOR APPROVED
 SERVICES; AND
   (III) ANY  OTHER  DETERMINATION  THE  COMMISSIONER  DEEMS  SUBJECT  TO
 APPEAL.
   5.  THE DEPARTMENT MAY, SUBJECT TO THE DISCRETION OF THE COMMISSIONER,
 PROMULGATE SUCH REGULATIONS, CONSISTENT WITH FEDERAL OR  STATE  LAW,  AS
 MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   6. REGARDING EVERY DECISION OF AN APPEAL PURSUANT TO THIS SECTION, THE
 DEPARTMENT  SHALL  INFORM EVERY PARTY, AND HIS OR HER REPRESENTATIVE, IF
 ANY, OF THE AVAILABILITY OF JUDICIAL REVIEW AND THE TIME  LIMITATION  TO
 PURSUE FUTURE REVIEW.
   7.  THE  DEPARTMENT  SHALL  INCLUDE  NOTICE  OF THE RIGHT TO APPEAL AS
 PROVIDED BY SUBDIVISION FOUR OF THIS SECTION AND INSTRUCTIONS  REGARDING
 HOW  TO  FILE  AN  APPEAL IN ANY ELIGIBILITY DETERMINATION ISSUED TO THE
 APPLICANT OR ENROLLEE IN ACCORDANCE WITH APPLICABLE LAW.    SUCH  NOTICE
 SHALL INCLUDE:
   (A) AN EXPLANATION OF THE APPLICANT OR ENROLLEE'S APPEAL RIGHTS;
   (B) A DESCRIPTION OF THE PROCEDURES BY WHICH THE APPLICANT OR ENROLLEE
 MAY REQUEST AN APPEAL;
   (C)  INFORMATION  ON  THE  APPLICANT  OR ENROLLEE'S RIGHT TO REPRESENT
 HIMSELF OR HERSELF, OR TO BE REPRESENTED BY  LEGAL  COUNSEL  OR  ANOTHER
 REPRESENTATIVE; AND
   (D)  AN  EXPLANATION  OF THE CIRCUMSTANCES UNDER WHICH THE APPELLANT'S
 ELIGIBILITY MAY BE MAINTAINED OR REINSTATED PENDING AN APPEAL DECISION.
   § 3679. WAIVERS. NOTWITHSTANDING ANY CONTRARY PROVISION  OF  LAW,  THE
 COMMISSIONER  SHALL,  TO  THE  EXTENT  NECESSARY, DEVELOP AND SUBMIT ANY
 APPROPRIATE WAIVERS, INCLUDING, BUT NOT  LIMITED  TO,  THOSE  AUTHORIZED
 PURSUANT TO SECTIONS ELEVEN HUNDRED FIFTEEN AND NINETEEN HUNDRED FIFTEEN
 OF  THE  FEDERAL  SOCIAL  SECURITY ACT, OR SUCCESSOR PROVISIONS, AND ANY
 OTHER WAIVERS NECESSARY TO ACHIEVE THE PURPOSES OF HIGH  QUALITY,  INTE-
 GRATED,  AND  COST  EFFECTIVE  CARE AND INTEGRATED FINANCIAL ELIGIBILITY
 POLICIES UNDER THE MEDICAL ASSISTANCE PROGRAM OR PURSUANT TO TITLE XVIII
 OF THE FEDERAL SOCIAL SECURITY  ACT.  COPIES  OF  SUCH  ORIGINAL  WAIVER
 APPLICATIONS  SHALL  BE  PROVIDED  TO  THE  CHAIR  OF THE SENATE FINANCE
 A. 10143                           16

 COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE  SIMUL-
 TANEOUSLY WITH THEIR SUBMISSION TO THE FEDERAL GOVERNMENT.
   § 3. The state finance law is amended by adding a new section 99-rr to
 read as follows:
   §  99-RR. LONG TERM CARE TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF  TAXATION  AND
 FINANCE AND THE COMMISSIONER OF HEALTH A SPECIAL FUND TO BE KNOWN AS THE
 "LONG TERM CARE TRUST FUND".
   2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS COLLECTED BY THE DEPARTMENT
 OF TAXATION AND FINANCE PURSUANT TO SECTION THIRTY-SIX HUNDRED  SEVENTY-
 SEVEN OF THE PUBLIC HEALTH LAW. ANY INTEREST EARNED BY THE INVESTMENT OF
 MONEYS  IN  SUCH FUND SHALL BE ADDED TO SUCH FUND, BECOME A PART OF SUCH
 FUND, AND BE USED FOR THE PURPOSE OF SUCH FUND.
   3. MONEYS OF SUCH FUND SHALL ONLY BE USED FOR THE PURPOSES ESTABLISHED
 UNDER ARTICLE THIRTY-SIX-B OF THE PUBLIC HEALTH LAW AND EXPENSES OF  THE
 STATE IN ADMINISTERING THE LONG TERM CARE TRUST PROGRAM AS DEFINED THER-
 EIN.  IN NO EVENT MAY EXPENDITURES BE USED TO SUPPLANT EXISTING STATE OR
 LOCAL PROGRAMS WHICH FUND THE PROVISION OF APPROVED SERVICES.
   4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT  AND  WARRANT
 OF THE COMPTROLLER ON VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSION-
 ER OF THE DEPARTMENT OF HEALTH.
   §  4.  The state finance law is amended by adding a new section 8-d to
 read as follows:
   § 8-D. ADDITIONAL DUTIES OF THE  COMPTROLLER;  LONG  TERM  CARE  TRUST
 PROGRAM.  1.  BEGINNING ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMPTROLLER SHALL PROVIDE ALL NECESSARY ASSISTANCE, INCLUDING AUDIT-
 ING AND ACTUARIAL SERVICES TO THE LONG TERM CARE TRUST COMMISSION ESTAB-
 LISHED PURSUANT TO SECTION THIRTY-SIX HUNDRED SEVENTY-TWO OF THE  PUBLIC
 HEALTH  LAW  AND  IN  ACCORDANCE WITH ALL RELEVANT PROVISIONS OF ARTICLE
 THIRTY-SIX-B OF THE PUBLIC HEALTH LAW, THE TAX LAW, THE LABOR  LAW,  AND
 THIS CHAPTER.
   2.  BEGINNING  ON  NOVEMBER FIFTEENTH OF THE YEAR BEGINNING FOUR YEARS
 AFTER THE EFFECTIVE DATE OF THIS SECTION, AND BIENNIALLY THEREAFTER, THE
 COMPTROLLER SHALL PERFORM AN ACTUARIAL AUDIT AND VALUATION OF  THE  LONG
 TERM  CARE  TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-RR OF
 THIS CHAPTER. SUCH BIENNIAL AUDIT AND VALUATION SHALL  BE  PREPARED  AND
 PUBLISHED  IN  CONJUNCTION  WITH  THE ANNUAL REPORT PREPARED BY THE LONG
 TERM CARE TRUST COMMISSION PURSUANT  TO  SUBDIVISION  SEVEN  OF  SECTION
 THIRTY-SIX  HUNDRED  SEVENTY-TWO  OF THE PUBLIC HEALTH LAW, AND SHALL BE
 SUBMITTED TO THE LONG TERM CARE TRUST ADVISORY PANEL  AND  THE  LEGISLA-
 TURE.  SUCH  AUDIT  AND  VALUATION  SHALL INCLUDE, BUT NOT BE LIMITED TO
 RECOMMENDATIONS REGARDING ACTIONS NECESSARY TO MAINTAIN THE SOLVENCY  OF
 THE  FUND;  OPTIONS  FOR  ADJUSTMENTS  TO  THE  BENEFIT  UNIT,  APPROVED
 SERVICES, OR BOTH, TO THE EXTENT NECESSARY TO ELIMINATE UNFUNDED ACTUAR-
 IALLY ACCRUED LIABILITY AND MAINTAIN SOLVENCY.
   3. THE COMPTROLLER SHALL PERFORM  SUCH  ADDITIONAL  OR  MORE  FREQUENT
 ACTUARIAL  AUDITS  AND  VALUATIONS OF THE LONG TERM CARE TRUST FUND UPON
 REQUEST OF THE ADVISORY PANEL PURSUANT  TO  SECTION  THIRTY-SIX  HUNDRED
 SEVENTY-THREE OF THE PUBLIC HEALTH LAW.
   4. THE COMPTROLLER SHALL, NOT LATER THAN NOVEMBER FIFTEENTH, TWO THOU-
 SAND  THIRTY-FOUR,  CONDUCT  A COMPREHENSIVE EVALUATION OF THE LONG TERM
 CARE TRUST PROGRAM AND SHALL SUBMIT A REPORT, INCLUDING A CONCLUSION AND
 RECOMMENDATIONS FOR IMPROVEMENT TO THE LEGISLATURE REGARDING:
   (A) PROGRAM OPERATIONS, INCLUDING THE PERFORMANCE  OF  THE  LONG  TERM
 CARE  TRUST  COMMISSION ESTABLISHED IN SECTION THIRTY-SIX HUNDRED SEVEN-
 TY-TWO OF THE PUBLIC HEALTH LAW;
 A. 10143                           17
 
   (B) THE FINANCIAL STATUS OF THE PROGRAM, INCLUDING SOLVENCY, THE VALUE
 OF THE BENEFIT PROVIDED, AND THE FINANCIAL BALANCE OF  PROGRAM  BENEFITS
 TO COSTS; AND
   (C)  THE  OVERALL  EFFICACY  OF  THE PROGRAM, BASED ON THE ESTABLISHED
 GOALS UNDER ARTICLE THIRTY-SIX-B OF THE PUBLIC HEALTH LAW INCLUDING, BUT
 NOT LIMITED TO:
   (I) DELAYING MIDDLE CLASS  FAMILIES'  NEED  TO  SPEND  TO  POVERTY  TO
 RECEIVE MEDICAID FUNDED LONG TERM CARE;
   (II)  STRENGTHENING  THE  STATE  ECONOMY  THROUGH  IMPROVING WORKFORCE
 PARTICIPATION;
   (III) REDUCING THE CASELOAD AND EXPENDITURES  OF  THE  STATE  MEDICAID
 PROGRAM ON LONG TERM CARE; AND
   (IV) OBTAINING SHARED SAVINGS THROUGH A MEDICAID DEMONSTRATION WAIVER,
 OR  THE IMPACT OF ANY WAIVER ENTERED INTO PURSUANT TO SECTION THIRTY-SIX
 HUNDRED SEVENTY-NINE OF THE PUBLIC HEALTH LAW.
   § 5. Section 171-a of the tax law, as added by chapter 545 of the laws
 of 1978, is amended by adding a new subdivision 6-c to read as follows:
   (6-C) NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY  AND  NOT
 LATER THAN JANUARY FIRST OF THE YEAR BEGINNING ONE YEAR AFTER THE EFFEC-
 TIVE DATE OF THIS SUBDIVISION, THE COMMISSIONER SHALL ENTER INTO A COOP-
 ERATIVE  AGREEMENT  WITH  THE  DEPARTMENT  OF  HEALTH, THE DEPARTMENT OF
 LABOR, AND THE COMPTROLLER TO ALLOW  THE  INFORMATION  OBTAINED  BY  THE
 DEPARTMENT  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION AND SECTION ONE
 HUNDRED SEVENTY-ONE-H OF THIS ARTICLE  TO  BE  MADE  AVAILABLE  TO  SUCH
 DEPARTMENTS,  OR  OTHER  INDIVIDUALS  DESIGNATED BY THE COMMISSIONERS OF
 SUCH DEPARTMENTS, FOR THE PURPOSES OF DETERMINING AND VERIFYING  WHETHER
 A  PERSON  IS A "QUALIFIED INDIVIDUAL" FOR THE PURPOSES OF SECTION THIR-
 TY-SIX HUNDRED SEVENTY-SEVEN OF THE PUBLIC  HEALTH  LAW,  OR  FOR  OTHER
 PURPOSES DEEMED APPROPRIATE BY THE COMMISSIONERS OF HEALTH AND LABOR AND
 THE  COMPTROLLER, CONSISTENT WITH THE PROVISIONS OF ARTICLE THIRTY-SIX-B
 OF THE PUBLIC HEALTH LAW, THE STATE FINANCE LAW, AND THE LABOR LAW, WITH
 RESPECT TO WHICH SUCH DEPARTMENTS HAVE REPORTING,  MONITORING,  ADMINIS-
 TERING, OR EVALUATING RESPONSIBILITIES.
   §  6.  Paragraph (e), subparagraph (iv) of paragraph (f) and paragraph
 (g) of subdivision 4 of section 171-h of the tax law, paragraph (e)  and
 subparagraph (iv) of paragraph (f) as amended by chapter 214 of the laws
 of  1998,  paragraph  (g) as amended by chapter 398 of the laws of 1997,
 are amended and a new paragraph (h) is added to read as follows:
   (e) conduct matches  with  the  office  of  temporary  and  disability
 assistance,  the  department  of  health, and the department of labor to
 verify individuals' eligibility for the various programs specified under
 section one thousand one hundred thirty-seven (b) of the social security
 act and for other public assistance programs authorized  by  state  law,
 and   for  the  purposes  of  administering  state  employment  security
 programs, AND FOR THE PURPOSES OF ADMINISTERING THE LONG TERM CARE TRUST
 PROGRAM, and with the workers' compensation board  for  the  purpose  of
 administering workers' compensation programs;
   (iv) include such other matters as the parties to such agreement shall
 deem necessary to carry out the provisions of this section; [and]
   (g)  furnish  to  the  national directory of new hires, on a quarterly
 basis,  extracts  of  the  reports  required  under  paragraph  six   of
 subsection  (a)  of  section  three  hundred three of the federal social
 security act to be made to the secretary of labor concerning  wages  and
 unemployment  compensation  paid  to  individuals, by such dates, and in
 such manner as the secretary of health and human services shall  specify
 by  regulations.  The [state] department of labor shall, consistent with
 A. 10143                           18
 
 the authority contained in paragraph e of subdivision three  of  section
 five hundred thirty-seven of the labor law, disclose to the state direc-
 tory  of  new hires, such wage and unemployment compensation information
 as  may  be  necessary  to allow such state directory to comply with the
 provisions of this paragraph[.]; AND
   (H) ON OR BEFORE JANUARY FIRST OF THE YEAR BEGINNING TWO  YEARS  AFTER
 THE EFFECTIVE DATE OF THIS PARAGRAPH, ENTER INTO WRITTEN AGREEMENTS WITH
 THE  COMMISSIONERS  OF  HEALTH AND LABOR ON BEHALF OF THE DEPARTMENTS OF
 HEALTH AND LABOR RESPECTIVELY, WHICH SHALL:
   (I) PROVIDE FOR  THE  DISCLOSURE  OF  INFORMATION  OBTAINED  FROM  THE
 REPORTS  REQUIRED  TO  BE  SUBMITTED  PURSUANT  TO  THIS SECTION TO SUCH
 DEPARTMENTS AND BOARD FOR THE PURPOSES SET FORTH IN THIS SECTION;
   (II) SPECIFY THE FREQUENCY WITH WHICH  THE  DEPARTMENT  SHALL  FURNISH
 INFORMATION  OBTAINED FROM SUCH REPORTS TO SUCH OFFICE, DEPARTMENTS, AND
 BOARD, WHICH SHALL BE WITHIN ONE BUSINESS DAY AFTER THE DATE THE  INFOR-
 MATION IS ENTERED INTO THE STATE DIRECTORY OF NEW HIRES;
   (III)  SET  FORTH THE PROCEDURE FOR REIMBURSEMENT OF THE DEPARTMENT BY
 SUCH OFFICE, DEPARTMENTS, AND BOARD  SUBJECT  TO  THE  APPROVAL  OF  THE
 DIRECTOR  OF  THE  BUDGET  FOR  THE ADDITIONAL COSTS OF CARRYING OUT THE
 PROVISIONS OF THIS SECTION; AND
   (IV) INCLUDE SUCH OTHER MATTERS AS THE PARTIES TO SUCH AGREEMENT SHALL
 DEEM NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
   § 7. Paragraph 4 of subsection (a) of section 674 of the  tax  law  is
 amended by adding a new subparagraph (D) to read as follows:
   (D)  THE  PROVISIONS  OF ARTICLE THIRTY-SIX-B OF THE PUBLIC HEALTH LAW
 RELATING TO ADMINISTRATION OF THE STATE'S LONG TERM CARE  TRUST  PROGRAM
 SHALL  APPLY  TO  THE DEPARTMENT'S DUTIES UNDER THIS CHAPTER RELATING TO
 EMPLOYEE PREMIUM INFORMATION, CONTRIBUTIONS AND PAYMENTS.
   § 8. Severability. If any provision or application of this  act  shall
 be  held to be invalid, or to violate or be inconsistent with any appli-
 cable federal law or regulation, that shall not affect other  provisions
 or  applications  of  this  act  which  can be given effect without that
 provision or application; and to that end, the provisions  and  applica-
 tions of this act are severable.
   § 9. This act shall take effect immediately.