S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1499
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced by 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-SS OF THE STATE FINANCE LAW.
   2. "APPROVED SERVICE" MEANS  LONG  TERM  CARE  SERVICES  AND  SUPPORTS
 INCLUDING, BUT NOT LIMITED TO:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03601-01-5
 A. 1499                             2
              

 
   (A)  ADULT DAY SERVICES, INCLUDING SOCIAL ADULT DAY SERVICES, ENRICHED
 SOCIAL ADULT DAY SERVICES, AND ADULT DAY HEALTH CARE;
   (B) CARE TRANSITION COORDINATION;
   (C) ADAPTIVE EQUIPMENT AND TECHNOLOGY;
   (D) ENVIRONMENTAL MODIFICATION;
   (E) PERSONAL EMERGENCY RESPONSE SYSTEM;
   (F) HOME SAFETY EVALUATION;
   (G)  RESPITE  SERVICES  PROVIDING TEMPORARY SUBSTITUTE CARE TO RELIEVE
 UNPAID RELATIVE OR NON-RELATIVE CAREGIVERS;
   (H) HOME DELIVERED MEALS;
   (I) TRANSPORTATION;
   (J) SERVICES OR SUPPORTS FOR PERSONS WITH DEMENTIA, ALZHEIMER'S  DIAG-
 NOSIS, OR OTHER COGNITIVE IMPAIRMENTS;
   (K) EDUCATION AND CONSULTATION FOR CURRENT OR PROSPECTIVE CAREGIVERS;
   (L) CARE BY A QUALIFIED FAMILY MEMBER;
   (M)  PROFESSIONAL  SERVICES,  INCLUDING  BUT  NOT  LIMITED TO SERVICES
 PROVIDED  BY  A  PHYSICIAN,  PHYSICIAN'S  ASSISTANT,  REGISTERED  NURSE,
 LICENSED PRACTICAL NURSE, OR OCCUPATIONAL, PHYSICAL, OR SPEECH THERAPIST
 OR  ANY OTHER HEALTH CARE PROFESSIONAL LICENSED UNDER TITLE EIGHT OF THE
 EDUCATION LAW ACTING WITHIN THEIR SCOPE OF PRACTICE;
   (N) SERVICES THAT ASSIST PAID  AND  UNPAID  RELATIVE  OR  NON-RELATIVE
 CAREGIVERS  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;
   (O) HOME CARE SERVICES AS DEFINED IN SECTION THIRTY-SIX HUNDRED TWO OF
 THIS CHAPTER;
   (P) ASSISTED LIVING SERVICES, INCLUDING ENHANCED  ASSISTED  LIVING  OR
 SPECIAL NEEDS ASSISTED LIVING SERVICES;
   (Q) ADULT CARE FACILITY SERVICES;
   (R) NURSING HOME SERVICES; AND
   (S)  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  TWO  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
 A. 1499                             3
 
   (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
 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 DEPARTMENT OF EDUCATION 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)  FOR  AN INDIVIDUAL WHO HAS NOT MET THE TEN-YEAR REQUIREMENT UNDER
 CLAUSE ONE OF THIS SUBPARAGRAPH, WHO  SHALL  HAVE  REACHED  THE  AGE  OF
 FIFTY-FIVE BEFORE JANUARY FIRST OF THE YEAR IN WHICH PREMIUM COLLECTIONS
 BEGIN,  AT LEAST ONE YEAR.  SUCH INDIVIDUAL MAY RECEIVE ONE-TENTH OF THE
 MAXIMUM NUMBER OF  BENEFIT  UNITS  AVAILABLE  UNDER  SECTION  THIRTY-SIX
 A. 1499                             4
 
 HUNDRED  SEVENTY-FIVE OF THIS ARTICLE FOR EACH YEAR OF PREMIUM PAYMENTS.
 NOTHING IN THIS CLAUSE SHALL PROHIBIT SUCH AN INDIVIDUAL, WHO MEETS  THE
 CONDITIONS  OF CLAUSE TWO OF THIS SUBPARAGRAPH, FROM RECEIVING THE MAXI-
 MUM  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.   "WAGES" DOES  NOT
 INCLUDE  BENEFITS  PAID  FOR BY THE EMPLOYER SUCH AS HEALTH INSURANCE OR
 DISABILITY INSURANCE.
   § 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
 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 DEPARTMENT OF TAXA-
 TION 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
 A. 1499                             5

 FOR  THE  PROPER AND EFFICIENT ADMINISTRATION OF LONG TERM CARE SERVICES
 AND SUPPORTS.
   3. PRIOR TO OR ON THE FIRST OF JANUARY NEXT SUCCEEDING TWO YEARS AFTER
 THE  EFFECTIVE  DATE OF THIS ARTICLE, THE DEPARTMENT SHALL, IN CONSULTA-
 TION WITH THE DEPARTMENT  OF  LABOR,  THE  DEPARTMENT  OF  TAXATION  AND
 FINANCE,  THE  STATE  OFFICE  FOR THE AGING, THE OFFICE OF TEMPORARY AND
 DISABILITY ASSISTANCE, AND ANY OTHER DEPARTMENT OR AGENCY IT DEEMS RELE-
 VANT, 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 THIRTY-SIX  HUNDRED  SEVEN-
 TY-SEVEN  OF  THIS  ARTICLE  TO EMPLOYEES AND SELF-EMPLOYED 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 SEVENTY-FIVE OF THIS ARTI-
 CLE.
   § 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 FIFTEEN  VOTING  MEMBERS
 AND TEN NONVOTING MEMBERS AS FOLLOWS:
   (A)  SIX  VOTING MEMBERS REPRESENTING THE LEGISLATURE, TO BE APPOINTED
 AS FOLLOWS:
   (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; AND
   (B) NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR, ALL OF WHOM SHALL BE
 VOTING MEMBERS, WHICH SHALL INCLUDE:
   (I) THE COMMISSIONER, OR SUCH COMMISSIONER'S DESIGNEE;
   (II) THE DIRECTOR OF THE STATE OFFICE FOR THE AGING, OR  SUCH   DIREC-
 TOR'S DESIGNEE;
   (III) THE COMMISSIONER OF TAXATION AND FINANCE, OR SUCH COMMISSIONER'S
 DESIGNEE;
   (IV)  THE COMMISSIONER OF THE DEPARTMENT OF LABOR, OR SUCH COMMISSION-
 ER'S DESIGNEE;
   (V)  THE SUPERINTENDENT OF FINANCIAL  SERVICES,  OR  SUCH  SUPERINTEN-
 DENT'S DESIGNEE;
   (VI) THE STATE LONG TERM CARE OMBUDSMAN, OR SUCH OMBUDSMAN'S DESIGNEE;
   (VII)  AND  THREE  ADDITIONAL  MEMBERS  WITH RELEVANT EXPERTISE IN THE
 FIELD OF LONG TERM CARE; AND
   (C) TEN NONVOTING MEMBERS:
   (I) ONE OF WHOM SHALL BE A REPRESENTATIVE OF LOCAL  PROGRAMS  FOR  THE
 AGING,  TO  BE  APPOINTED  BY  THE  DIRECTOR OF THE STATE OFFICE FOR THE
 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, TO BE APPOINTED BY THE COMMISSIONER;
   (III) ONE OF WHOM SHALL BE A REPRESENTATIVE OF  A  UNION  REPRESENTING
 LONG  TERM  CARE  WORKERS,  TO  BE  APPOINTED BY THE COMMISSIONER OF THE
 DEPARTMENT OF LABOR;
   (IV) ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION  REPRES-
 ENTING  RETIRED  PERSONS,  TO  BE APPOINTED BY THE DIRECTOR OF THE STATE
 OFFICE FOR THE AGING;
 A. 1499                             6
 
   (V) ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ASSOCIATION REPRESENT-
 ING SKILLED NURSING FACILITIES AND  ASSISTED  LIVING  PROVIDERS,  TO  BE
 APPOINTED BY THE COMMISSIONER;
   (VI)  ONE  OF WHOM SHALL BE A REPRESENTATIVE OF AN ASSOCIATION REPRES-
 ENTING ADULT FAMILY HOME PROVIDERS, TO BE APPOINTED BY THE COMMISSIONER;
   (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,
 ONE OF WHOM SHALL HAVE BEEN SELF-EMPLOYED, TO BE APPOINTED BY THE  STATE
 LONG TERM CARE OMBUDSMAN;
   (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-
 UM,  AND  WHO  IS NOT EMPLOYED BY A LONG TERM CARE SERVICES AND SUPPORTS
 PROVIDER, TO BE APPOINTED BY  THE  COMMISSIONER  OF  THE  DEPARTMENT  OF
 FINANCIAL SERVICES; 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, TO BE APPOINTED BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
   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 PARAGRAPHS (A) AND (B) 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. MEMBERS OF THE COMMISSION  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.
   6. 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:
 A. 1499                             7
 
   (I)  A  QUALIFIED INDIVIDUAL UNDER SECTION THIRTY-SIX HUNDRED SEVENTY-
 FOUR OF THIS ARTICLE; AND
   (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.
   7.  THE  COMMISSION SHALL MONITOR PROGRAM ADMINISTRATIVE EXPENSES OVER
 TIME, AND SUCH EXPENSES SHALL NOT EXCEED SEVEN AND ONE-HALF  PERCENT  OF
 EXPENDITURES.
   (A)  BEGINNING  ON  THE FIFTEENTH OF NOVEMBER OCCURRING ONE YEAR AFTER
 THE EFFECTIVE DATE OF THIS ARTICLE, AND ANNUALLY THEREAFTER, THE COMMIS-
 SION SHALL SUBMIT AN ACTUARIAL REPORT TO THE GOVERNOR AND TO THE  CHAIRS
 OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMIT-
 TEE.  SUCH REPORT SHALL INCLUDE AN ACTUARIAL  REPORT  OF  THE  PROJECTED
 SOLVENCY  AND FINANCIAL STATUS OF THE PROGRAM, ANTICIPATED AGENCY SPEND-
 ING AND ANTICIPATED ADMINISTRATIVE EXPENSES IN  THE  IMPLEMENTATION  AND
 INITIAL OPERATION OF THE PROGRAM.
   (B) FOR THE ANNUAL REPORT DUE ON NOVEMBER FIFTEENTH OF THE YEAR OCCUR-
 RING 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.
   8.  BEGINNING  ON  THE  THIRTY-FIRST  OF DECEMBER OCCURRING FIVE YEARS
 AFTER THE EFFECTIVE DATE OF THIS ARTICLE, AND ANNUALLY  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,  BUT
 NOT LIMITED TO, 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.
 A. 1499                             8
 
   § 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-
 GRAPHS  (B)  AND  (C)  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 COMMISSIONER AND THE COMMISSIONER OF THE DEPARTMENT OF TAXATION
 AND FINANCE SHALL SERVE AS CO-CHAIRS OF THE ADVISORY PANEL. THE ADVISORY
 PANEL  SHALL MEET AT LEAST ONCE ANNUALLY TO DETERMINE ADJUSTMENTS TO THE
 BENEFIT UNIT. ADDITIONAL MEETINGS 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 PROC-
 ESS  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,  BUT  NOT BE LIMITED TO, 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,  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 THE FIRST OF JANUARY OCCURRING TWO YEARS AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT 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. 1499                             9

   (A)  ALL  INDIVIDUALS  SUBJECT  TO THE PREMIUM REQUIREMENTS OF SECTION
 THIRTY-SIX HUNDRED SEVENTY-SEVEN OF THIS ARTICLE; AND
   (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,
 AND  THE  DEPARTMENT  OF  TAXATION  AND  FINANCE,  MONITOR COMPLIANCE BY
 EMPLOYERS SUBJECT TO THE COLLECTION AND REPORTING REQUIREMENTS SET FORTH
 IN SECTION THIRTY-SIX HUNDRED SEVENTY-SEVEN  OF  THIS  ARTICLE,  ARTICLE
 EIGHTEEN  OF THE LABOR LAW, AND ARTICLES EIGHT AND TWENTY-TWO OF THE TAX
 LAW; AND COLLECT, MONITOR, MAINTAIN, AND DISPOSE OF ANY  OTHER  INFORMA-
 TION  THAT THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR,
 THE COMMISSIONER OF TAXATION AND FINANCE, AND THE COMMISSION, SHALL DEEM
 RELEVANT AND NECESSARY TO COMPLY WITH THE REPORTING, MONITORING,  ADMIN-
 ISTERING, OR EVALUATION RESPONSIBILITIES REQUIRED PURSUANT TO THIS ARTI-
 CLE OR OTHERWISE NECESSARY TO ACCOMPLISH THE PURPOSES OF THIS ARTICLE.
   5.  THE  DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF LABOR, AND
 THE COMMISSIONER OF TAXATION AND FINANCE, SHALL ESTABLISH 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  AND
 THE  COMMISSIONER  OF TAXATION AND FINANCE, SHALL PUBLISH AND DISTRIBUTE
 EDUCATIONAL MATERIALS ABOUT THE PROGRAM TO INFORM  EMPLOYEES,  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 OCCURRING 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 BY THE DEPARTMENT AS NEEDING
 ASSISTANCE WITH AT LEAST TWO ACTIVITIES OF DAILY LIVING, OR FOR INDIVID-
 UALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNOSIS, ASSESSED  AS  NEEDING  AT
 LEAST SUPERVISION WITH MORE THAN ONE ACTIVITY OF DAILY LIVING IN ACCORD-
 ANCE 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, OR FOR INDIVID-
 UALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNOSIS, AT LEAST SUPERVISION WITH
 MORE THAN ONE ACTIVITY 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.
 A. 1499                            10
 
   (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
 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.
 A. 1499                            11
 
   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
 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 OCCURRING 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;
   (C) THE PROVIDER HAS WILLFULLY FAILED TO COMPLY WITH PROGRAM STANDARDS
 AND REGULATIONS; OR
   (D) THE PROVIDER HAS BEEN THE SUBJECT OF MORE THAN THREE COMPLAINTS TO
 THE  LONG  TERM  CARE  OMBUDSMAN  PROGRAM  AND/OR TO THE DEPARTMENT, THE
 NATURE OF WHICH MAY HAVE RESULTED IN SERIOUS HARM  TO  THE  BENEFICIARY,
 AND WHICH HAVE BEEN INVESTIGATED AND DETERMINED TO BE FOUNDED.
   (B)  PRIOR  TO  OR  ON THE FIRST OF JANUARY NEXT SUCCEEDING 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-
 A. 1499                            12
 
 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 OCCURRING 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
 TO THIS SECTION.  THE INITIAL PREMIUM CONTRIBUTION RATE AND ANY  ADJUST-
 MENTS  TO SUCH RATE SHALL BE SET BY 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 INSUR-
 ANCE 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 OCCURRING 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 OCCURRING FOUR YEARS AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE, AND BIENNIALLY THEREAFTER,  THE  COMMIS-
 SION  SHALL  MAKE  SUCH ADJUSTMENTS TO THE PREMIUM CONTRIBUTION RATE, IF
 NECESSARY, 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  AND
 THE DEPARTMENT OF TAXATION AND FINANCE SHALL PROMULGATE RULES FOR DETER-
 MINING 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  TRUST  FUND  ESTAB-
 LISHED PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW.
 A. 1499                            13
 
   6.  IF  THE  PREMIUMS  ESTABLISHED  IN  THIS  SECTION ARE CHANGED, THE
 COMMISSION 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:
   (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.
 A. 1499                            14
 
   (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-
 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.
   8. (A) BEGINNING ON JANUARY FIRST OF THE  YEAR  OCCURRING  FIVE  YEARS
 AFTER  THE  EFFECTIVE DATE OF THIS ARTICLE, AN EMPLOYEE OR SELF-EMPLOYED
 INDIVIDUAL WHO RELOCATES OUTSIDE OF THE  STATE  MAY  ELECT  TO  CONTINUE
 PARTICIPATION IN THE PROGRAM BY CONTINUING TO CONTRIBUTE PREMIUMS TO THE
 LONG-TERM CARE SERVICES AND SUPPORTS TRUST FUND IF:
   (I)  THE EMPLOYEE OR SELF-EMPLOYED INDIVIDUAL HAS BEEN ASSESSED PREMI-
 UMS FOR AT LEAST THREE YEARS IN  WHICH  THE  EMPLOYEE  OR  SELF-EMPLOYED
 INDIVIDUAL HAS WORKED AT LEAST FIVE HUNDRED HOURS IN EACH OF THOSE YEARS
 IN THE STATE; AND
   (II)  THE EMPLOYEE OR SELF-EMPLOYED INDIVIDUAL NOTIFIES THE DEPARTMENT
 AND THE DEPARTMENT OF TAXATION AND FINANCE WITHIN ONE YEAR OF ESTABLISH-
 ING A PRIMARY RESIDENCE OUTSIDE OF THE STATE THAT THE EMPLOYEE OR  SELF-
 EMPLOYED  INDIVIDUAL  IS NO LONGER A RESIDENT OF THE STATE AND ELECTS TO
 CONTINUE PARTICIPATION IN THE PROGRAM.
   (B) OUT-OF-STATE PARTICIPANTS MUST REPORT THEIR WAGES OR  SELF-EMPLOY-
 MENT  EARNINGS  TO  THE  DEPARTMENT OF TAXATION AND FINANCE ACCORDING TO
 PROCEDURES AS ESTABLISHED BY REGULATIONS OF THE DEPARTMENT  OF  TAXATION
 AND  FINANCE.  AN  OUT-OF-STATE PARTICIPANT MUST SUBMIT DOCUMENTATION TO
 THE DEPARTMENT OF TAXATION AND FINANCE WHETHER OR NOT  THE  OUT-OF-STATE
 PARTICIPANT  EARNED  WAGES  OR  SELF-EMPLOYMENT EARNINGS, AS APPLICABLE,
 DURING THE APPLICABLE REPORTING PERIOD. WHEN AN OUT-OF-STATE PARTICIPANT
 REACHES THE AGE OF SIXTY-SEVEN, THE PARTICIPANT IS NO LONGER REQUIRED TO
 A. 1499                            15
 
 PROVIDE THE DOCUMENTATION OF THEIR WAGES  OR  SELF-EMPLOYMENT  EARNINGS,
 BUT  IF  THE  PARTICIPANT  EARNS  WAGES OR SELF-EMPLOYMENT EARNINGS, THE
 PARTICIPANT MUST SUBMIT REPORTS OF THOSE WAGES OR SELF-EMPLOYMENT  EARN-
 INGS  AND  REMIT THE REQUIRED PREMIUMS TO THE DEPARTMENT OF TAXATION AND
 FINANCE.
   (C) OUT-OF-STATE PARTICIPANTS MUST PROVIDE DOCUMENTATION OF WAGES  AND
 SELF-EMPLOYMENT EARNINGS EARNED AT THE TIME THAT THEY REPORT THEIR WAGES
 OR  SELF-EMPLOYMENT  EARNINGS  TO THE DEPARTMENT OF TAXATION AND FINANCE
 WHICH SHALL TRANSMIT SUCH INFORMATION TO THE DEPARTMENT  OF  HEALTH  FOR
 PURPOSES  OF  DETERMINING  ONGOING COVERAGE OF OUT-OF-STATE PARTICIPANTS
 UNDER THE PROGRAM.
   (D) THE DEPARTMENT OF HEALTH MAY CANCEL ELECTIVE COVERAGE IF THE  OUT-
 OF-STATE  PARTICIPANT FAILS TO MAKE REQUIRED PAYMENTS OR SUBMIT REPORTS.
 THE DEPARTMENT OF TAXATION AND FINANCE MAY COLLECT DUE AND UNPAID PREMI-
 UMS AND MAY LEVY AN ADDITIONAL PREMIUM FOR THE REMAINDER OF  THE  PERIOD
 OF  COVERAGE.  THE  CANCELLATION  MUST BE EFFECTIVE NO LATER THAN THIRTY
 DAYS FROM THE DATE OF THE NOTICE IN WRITING  ADVISING  THE  OUT-OF-STATE
 PARTICIPANT OF THE CANCELLATION.
   (E) THE DEPARTMENT OF TAXATION AND FINANCE SHALL:
   (I) ADOPT STANDARDS BY RULE FOR THE MANNER AND TIMING OF REPORTING AND
 DOCUMENTATION  SUBMISSION  FOR OUT-OF-STATE PARTICIPANTS. THE DEPARTMENT
 MUST CONSIDER USER EXPERIENCE WITH THE WAGE AND SELF-EMPLOYMENT EARNINGS
 REPORTING PROCESS AND THE  DOCUMENT  SUBMISSION  PROCESS  AND  REGULARLY
 UPDATE  THE  STANDARDS TO MINIMIZE THE PROCEDURAL BURDEN ON OUT-OF-STATE
 PARTICIPANTS AND SUPPORT THE ACCURATE REPORTING OF  WAGES  AND  SELF-EM-
 PLOYMENT EARNINGS AT THE TIME OF THE PAYMENT OF PREMIUMS;
   (II)  COLLECT  PREMIUMS  FROM  OUT-OF-STATE  PARTICIPANTS WHO ELECT TO
 CONTINUE PARTICIPATION IN THE PROGRAM; AND
   (III) VERIFY THE WAGES OR SELF-EMPLOYMENT EARNINGS AS REPORTED  BY  AN
 OUT-OF-STATE PARTICIPANT.
   (F)  FOR  THE  PURPOSES OF THIS SECTION, "WAGES" INCLUDES REMUNERATION
 FOR SERVICES PERFORMED WITHIN OR WITHOUT OR BOTH WITHIN AND WITHOUT THIS
 STATE.
   (G) ENTITIES PROVIDING SERVICES TO AN ELIGIBLE BENEFICIARY OUTSIDE THE
 STATE MAY NOT DISCRIMINATE BASED UPON RACE, GENDER, AGE, OR  PREEXISTING
 CONDITION.
   (H)  AN  EMPLOYEE  WHO  RELOCATES OUT OF STATE MAY ELECT TO OPT OUT OF
 COVERAGE BY NO LONGER REPORTING WAGES TO THE DEPARTMENT OF TAXATION  AND
 FINANCE RATHER THAN BECOME AN OUT-OF-STATE PARTICIPANT IN THE PROGRAM.
   § 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 SUCH COMMISSIONER'S STAFF TO CONSIDER AND  DECIDE
 SUCH  APPEALS.  ANY  STAFF  MEMBER  SO DESIGNATED SHALL BE AUTHORIZED TO
 A. 1499                            16

 DECIDE SUCH APPEALS ON BEHALF OF THE COMMISSIONER WITH  THE  SAME  FORCE
 AND  EFFECT AS IF THE COMMISSIONER HAD MADE SUCH DECISIONS. APPEAL HEAR-
 INGS SHALL BE HELD ON BEHALF OF THE COMMISSIONER  BY  MEMBERS  OF  THEIR
 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.
   4. AN APPLICANT, BENEFICIARY, LONG TERM CARE PROVIDER,  OR  INDIVIDUAL
 DENIED AN EXEMPTION, SHALL HAVE THE RIGHT TO APPEAL AT LEAST THE FOLLOW-
 ING 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, OR FOR INDIVIDUALS WITH A DEMENTIA OR ALZHEIMER'S DIAGNO-
 SIS, NEEDS AT LEAST SUPERVISION WITH MORE THAN  ONE  ACTIVITY  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.
   (D)  A  DETERMINATION  TO  DENY  AN EXEMPTION FROM CONTRIBUTING TO THE
 FUND.
   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 THEIR 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;
 A. 1499                            17
 
   (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
 THEMSELF, OR TO BE REPRESENTED BY LEGAL  COUNSEL  OR  ANOTHER  REPRESEN-
 TATIVE; 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
 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-ss to
 read as follows:
   §  99-SS. LONG TERM CARE TRUST FUND. 1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMPTROLLER AND THE  COMMISSIONER  OF  TAXATION
 AND  FINANCE  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  OCCURRING  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-SS  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
 A. 1499                            18
 
 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 OF THE
 YEAR OCCURRING TEN YEARS AFTER  THE  EFFECTIVE  DATE  OF  THIS  SECTION,
 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;
   (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, AND THE  DEPARTMENT  OF
 LABOR  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 INDIVID-
 UALS 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 THIRTY-SIX HUNDRED SEVENTY-SEVEN
 OF THE PUBLIC HEALTH LAW, OR FOR OTHER PURPOSES  DEEMED  APPROPRIATE  BY
 THE COMMISSIONERS OF HEALTH AND LABOR, 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  REPORT-
 ING, MONITORING, ADMINISTERING, 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:
 A. 1499                            19
 
   (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
 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.